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City Council Meeting - Council - Agenda - 03/18/2003
NEWA , City of Kent City Council Meeting Agenda March 18, 2003 Mayor Jim White Councilmembers Judy Woods, Council President Tim Clark Julie Peterson Connie Epperly Bruce White Leona Orr Rico Yingling KENT WNS.INGTON City Clerk's Office f r SUMMARY AGENDA KENT CITY COUNCIL MEETING KENT March 18,p2y003 W A S N f N OT O N Council Chambers 7:00 p.m. t MAYOR- Jim White COUNCILMEMBERS: Judy Woods, President Tim Clark Connie Epperly Leona Orr Julie Peterson Bruce White Rico Yingling s..+*:psr*sr«ss*s*s*:e:sr�srt�s*ss:trx*��r�sss:tt**ss***rr***:►«rr**�*rare:*s.s��**s��s k 1 CALL TO ORDER/FLAG SALUTE—Boy Scout Troop 403 2. ROLL CALL 3 CHANGES TO AGENDA A. FROM COUNCIL,ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4 PUBLIC COMMUNICATIONS A Proclamation—Absolutely Incredible Kid Day F 5 PUBLIC HEARINGS A. Pacific Land Consulting, S E. 266th St. Street Vacation 6. CONSENT CALENDAR A. Minutes—yore F B. Bills—Approve C. Del Webb/Steiner Sanitary Sewer—Accept as Complete D. Washington State Department of Transportation SR 167 Corridor Project Environmental Impact Statement Interlocal Agreement—Authorize , E James and Central Intersection Improvements Q• 3(035� F. Lodging Tax Advisory Board Member—Confirm i G. Economic Development Strategic Plan Contract—Approve [ H Business Sector Research Contract-Approve o, 3�JL I 2002 Annual Comprehensive Plan Amendments Ordinances—Adopt p, 3(.3 7 + J. Coblentz Rezone Ordinance—Adopt v, 3 G 3 S K. Extension of Occupational Health Services Contract for Medical Services— Approve L Puget Sound Energy Construction Agreement—Authorize M. 2nd Avenue Extension, W. Temperance St to 4th Avenue—Accept as Complete N. Western States Arts Federal TourWest Grant—Accept and Amend Budget O. Violence Against Women Association Grant—Accept and Establish a Budget P. Kent Pool Budget—Establish d; Q. Master Plan Development PUD Modification Ordinance—Motion a 6 7 OTHER BUSINESS ? A. 2002 Annual Zoning Plan Amendments Ordinance—Adopt 0, Co y© k• 8. BIDS A. I st Avenue NorthAth Avenue North Widening and Utility Trenching . C (continued next page) 1 SUMMARY AGENDA CONTINUED I k 4 REPORTS FROM STANDING COMMITTEES AND STAFF ' f 10. REPORTS FROM SPECIAL COMMITTEES 11. CONTINUED COMMUNICATIONS f' i r 12. EXECUTIVE SESSION A. Pro Negotiations B Pending ation 13 ACTION AFTER EXECUTIVE SESSION . t 14. ADJOURNMENT C' t I r f t, I' E l `t6 II` {t f r NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page is on the City of Kent web site at www cl.kent wa.us. An explanation of the agenda format is given on the back of this page. Any Berson requiring a disability accommodation should contact the City Clerk's Office in advance at � (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at C, 1-800-833-6388. I 6 pp �$ E �a £ El � Vao•E � —'+�� `�� � Zq O �m � i� agv �p `� FIL x mg2 3 '� SuE � �g' ' I=4 Z ia* rue m � +g d 18 c '� -->--�� � V A g " GE$` °u40m4g�e� J1 wit yo v MD Ell Y w `vw E uLv�i py�r w Sw egg � e L 0 : Z N � u A qGj 3 1 EEe m m A fit{ Vgg OAA U g� co V V22 4+ IL 1t � �� � 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 PROCLAMATION Whereas, March 20, 2003, has been declared by Camp Fire USA, a national youth'development organization, Absolutety Incredible Kid Day®, and, Whereas, ,,,,','Camp Fire USA-eammemoiates`,its Seventh annual Absolutely Incredible Kid,L IV&on this date, and Whereas, as pit 'of the celebration of children "On' ,this day,' adults are eneourAged ,to send letters of love and appreciation to young people in their lives;and Whereas, , as ,the Camp Fire USA mission pledges a firm commitment to building caring, confident youth and future leaders, an extension of that commitment is handed to caring adults through this event to express their feelings in a letter or note which has the profound ability to make a lasting and positive impact on the children in our country, NOW, THEREFORE, I, Jim White,Mayor of Kent, do hereby proclaim Thursday, March 20, 2003 as Absolutely Incredible Kid Day@ in the City of Kent, Washington, and I encourage all adults—moms and dads, grandparents, aunts and uncles, teachers, mentors and other adults alike—to participate and make a difference in the life of a child. Camp Fire USA urges all adults to compose letters to the children in their lives and mail or deliver them personally to your Absolutely Incredible Kid(s) In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 17th day of March 2003. im White, Mayor Y O y (.STY0F KENT 41000%0 KENT W-S HIN GTON OFFICE OF THE MAYOp March 20, 2003 JIM White, Mayor 220 Fourth Ave 8 Kent, WA 98032-5895 Phone' 253-856-5700 To All the Children of Kent, Fax 253-856.6700 Today, March 20, 2003, has been declared " solutely Incredible Kids Day® and I wanted to take a moment to tell each of Abu uch you are appreciated and how happy we are yo how m to have you as a child in Kent Growing up can be tough With all the expectations and pressures from friends and parents, etc, It isn't easy and school,I not as carefree a time as some would have you believe Being a "kid" is not easy But today, I want you to know that YOU are very important, not only to your parents and siblings, but to other relatives, friends, school teachers, coaches, and ME. Sometimes people don't take the time to let you know that they care when they realty do You are our future have conversations Get serious about your education read books, newspapers, with your parents, avoid You can and have fun y° drugs and alcohol, learn eve u will be the leaders of tomorrow ryth You are unique Ing You are an Absolutely Incredible Kidl I I Most sincerely, im White Mayor - I PUBLIC COMMUNICATIONS A) PROCLAMATION-ABSOLUTELY INCREDIBLE KID DAY Kent City Council Meeting Date March 18, 2003 Category Public Hearings - I SUBJECT: PACIFIC LAND CONSULTING, S.E. 266TH ST. STREET VACATION (STV-2003-1/KIVA 2030665) 2. SUMMARY STATEMENT: Resolution No. 1634 established March 18, 2003, as the public hearing date for the application by Mark Holland of Pacific Land Consulting, Inc., to vacate a portion of SE 2660' St. between 1280' and 132"d 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 REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember (% moves, Councilmember ends to approve/dtsapproveAxedi€y the staffs 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. 1634 and to direct the City Attorney to prepare the necessary ordinance upon compliance with the c drtionnss of ap r val. DISCUSSION: /' 77 ACTION- Council Agenda Item No. 5A u COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director PLANNING SERVICES K EN T Charlene Anderson,AICP, Manager Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 March 11, 2003 TO MAYOR JIM WHITE, COUNCIL PRESIDENT JUDY WOODS AND CITY COUNCIL MEMBERS FROM CHARLENE ANDERSON, AICP, PLANNING MANAGER RE REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE A PORTION OF SE 266TI ST BETWEEN 128TI AND 132"o AVENUES SE #STV-2003-1 (KIVA#2030665) Hearing Date March 18, 2003 Recommendation: APPROVAL WITH CONDITIONS I Name of Applicant Mr Mark Holland Pacific Land Consulting Inc. 13619 Mukilteo Speedway#603 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 1281h and 132"d 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 at one-half the appraised value The proposed street vacation is being requested to facilitate development via the Highland Park Subdivision The applicant is proposing to subdivide approximately 9 79 acres into 26 single-family residential lots The proposed subdivision includes three • sensitive area tracts Property north and east of the proposed right of way vacation area is owned by the City of Kent for development as a neighborhood park The SE 266`h Street #STV-2003-1 (KIVA#2030665) 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. A similar request for vacation of SE 266`h Street was approved by the City Council on June 18, 2002. That application expired for time This new application also includes some additional right of way to be vacated 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 SE 266`h Street between 1281h and 132"d Avenues SE, as described in Resolution #1634 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 one-half the appraised 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 1281h 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 Springwood 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 #STV-2003-1 (KNA#2030665) Staff Report Page 3 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 such easement document shall not restrict public access to the use of the park but will allow free public travel (non-motonzed)between 128`h and 132"d 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 #R20O36) 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 7) Applicant will grant appropriate ingress, egress and utility easements to any parcels that would otherwise become landlocked as a result of this street vacation CA S\Pernut\Plan\vacanons\2003\2030665-2003.1 DOC Enclosure—Map cc Mark Holland,Pacific Land Consulting Inc, 13619 Mukilteo Speedway s603,Lynnwood,WA 98037 George Webb,26524 128"Ave SE,Kent WA 98030 Jerry McCaughan,Property Manager WEIVED JAN 16 2003 GITY OF KENT f�PEATV WNAGENIENr S6. 1}� 132nlp JI.M 1. I i+► a .�. w.. Yn .a.. t� n . tl r . 1 D -.w -.. ..® f ��♦ 1 ..la ei li I f I •�RJ.RM if �• r ..r ��ROI p i i; 1 1 r .ram .. _ .} • �,s.w Iw i:, I� � f'1' n 1 •M N.��•�. 1 . r rk' all 1 1 .->w... '. .'••� • a � r .. • l IPA . '• f>, a. a. as i.l _ _ r �• �nl• r s K.,Rlii LOT ill 11, c 1.1 l• 1 Tirrr�.' �• - It � LOT I 1 11 AL �L •Z5 M ST V_t Ell n E LI 1 c y i Z t - y dR Zn4 r• i♦• is 11 1 yl CONSENT CALENDAR 6 City Council Action: Councilmember moves, Councilmember Qw� seconds to approve Consent Calendar Items A through Q. Discussion Action 6A. Approval of Minutes. Minutes of the meeting of March 4, 2003 are not yet available. 6B. Approval of Bills. Approval of payment of the bills received through February 28 and paid on February 28 after auditing by the Operations Committee on March 4, 2003. Approval of checks issued for vouchers: Date Check Numbers Amount 2/28/03 Wire Transfers 1366-1375 $1,224,207 96 2/28/03 Prepays & 545043 345,346.79 2/28/03 Regular 545617 2,180,759.66 $3,750,314.41 Council Agenda Item No. 6 A-B Kent City Council Meeting Date March 18, 2003 Category Consent Calendar 1. SUBJECT: DEL WEBB/STEINER SANITARY SEWER—ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, accept the Del Webb/Steiner Sanitary Sewer project as complete and release the retainage to Fury Construction Company upon standard releases from the state and release of any liens. The original contract amount was $94,468.86. The final contract amount was $106,402.69. Adequate funds exist within the project budget to cover this overage. 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 X YES 6. EXPENDITURE REQUIRED: S SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director • Phone 253-856-5500 K E N T Fax 253-856-6500 W/.S MIN GTOH Address 220 Fourth Avenue S, Kent,WA 98032-5895 Date March 3, 2003 To: Public Works 'mittee From- Don Wickstro(m,, Public Works Director Regarding- Del Web / Steiner Sanitary Sewer The Public Works Department is seeking Council acceptance of this subject project as complete. We are seeking your concurrence here with as we have historically done upon a construction projects final contract amount exceeding 10% of the original bid amount This project involved two separate elements One element involved connecting the new East Hill interceptor to Del Web Sewer Pumping Station located in the King County Housing Authority complex at 132nd Avenue just southerly of 272nd Street The other element involved constructing sewers to the Steiner property which the city purchased in conjunction with the 272nd Corridor Project The City recently subdivided this parcel and with the availability of sewer service we now will be able to sell off individual lots for which the monies raised will help defray the City's cost of the 272nd Corridor Project The project costs are summarized below and adequate funds exist within the project fund to cover this over run $101,512 86 4,89983 106,402.69 (94,468 86) $11,933 83 Original Contract Award $94,468.86 Spent(without change orders) ($96,794 09) $2,325.23 =2 46% Project related change orders $6,971.70= 7 38% Added Change Order (Haul trees to lagoon and dispose of debris) $1,859.73 = 1.97% = 11.81% These two projects(combined)are approximately 12% over spent. 7 38%Project related, unforeseen items. 2.46% Bid item increases 1 97% Side issue to reclaim some trees for the lagoons/ environmental group use. MOTION: Recommend to full Council acceptance of the project as complete. In SE 2 �ii�j MSE wIn T CLARK � LK vl SE 48TH ST a w a o a 0 z N SE 2 TH S N kFNT a G� R N sF ,> SE 264TH ST (F �i N W FPi� a to 0 SR 16 STEINER PDEL WEBB PROJECT—LOCATION PROJECT LOCATION Lo `� KENT CITY OF KENT ENGINEERING DEPARTMENT • 220 4TN AVE. 5. • KENT, WA. 98032 F ---j s ST ER SEWER PROJECT LOCATION MAP FIGURE 4 DEELL WEBB SEWER 1 0 Kent City Council Meeting Date March 18, 2003 Category Consent Calendar 1. SUBJECT: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION SR 167 CORRIDOR PROJECT ENVIRONMENTAL IMPACT STATEMENT INTERLOCAL AGREEMENT—AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign an Interlocal Agreement with Washington State Department of Transportation for the purpose of planning for future improvements in the SR 167 Corridor subject to the Public Works Director's concurrence of the language therein. 3. EXHIBITS: Public Works Director memorandum and agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director • Phone 253-856-5500 K EN T Fax 253-856-6500. Address 22o Fourth Avenue S Kent,WA 98032-5895 Date March 3, 2003 To- Pubh o ks Committee From: Don Wickstrom, Public Works Director Regarding: Interlocal Agreement— For SR 167 Corridor Project EIS- Phase I• Scoping and Preliminary Preferred Alternative Identification Recently Puget Sound Regional Council of Government advised that there was approximately $12,000,000 in federal road fund available for project allocation. Out of that money Kent, Auburn and King County lobbied and secured $400,000 for subject project. We (Kent,Auburn and King County) secured same by committing to provide a local match there to of$100,000. The attached Agreement serves as a written commitment of intent between the parties for the purpose of planning for the future improvements in the SR 167 corridor between S. 180"' Street on the north and 1-5 in Pierce County to the south. Under this agreement alternative transportation investment packages for the SR 167 corridor will be investigated including a preliminary preferred alternative, for which specific phases can be built within the funding included in the RTID proposal This project will be done in at least two phases The first phase, which is covered by this agreement, will generally consist of preparation of a draft project purpose and work statement sufficient to define the project goals, develop a scope of improvements and alternatives to be studied in an EIS, collect and assimilate known data about the corridor, refine initial project cost estimates based upon known data, and coordinate among jurisdictions to share such information and to refine project goals based upon stakeholder input Kent's share of the local match and likewise Auburn's and King County's would be $33,000 for this first phase of the study. Funding of our$33,000 presently exists within the Street Capital Improvement Fund. MOTION Recommend authorizing the Mayor to sign an Interlocal Agreement with Washington State Department of Transportation for the purpose of planning for the future improvements in the SR 167 corridor between S. 1800' Street on the north and 1-5 in Pierce County to the south Project subject to the Public Works Director's and the City Attorney's concurrence of the language therein. i DRAFT INTERLOCAL AGREEMENT FOR SR 167 CORRIDOR PROJECT EIS: Phase 1: Scoping and Preliminary Preferred Alternative Identification PREAMBLE THIS AGREEMENT("Agreement")is entered into pursuant to Chapter 39.34 RCW by and among interested city and county governments (Auburn, Kent, and King County) and the Washington State Department of Transportation(WSDOT) for the purpose of planning for the future improvements in the SR167 corridor between S. I80`h Street on the north and 1-5 in Pierce County to the south(see attached map) The primary study area is that portion of the described corridor within King County. The project will be coordinated with other projects beyond the northerly terminus (I-405 Corridor Project) and the southerly terminus (the project to extend SR 167 to SR 509 in the Port of Tacoma). The parties share interests in and responsibility for addressing long-term transportation planning and wish to provide for planning and funding as necessary to establish the future needs of this comdor in state and regional transportation plans. PROJECT GOAL: This corridor-based effort will identify alternative transportation investment packages conforming to the Regional Transportation Investment District (RTID) funding limits,including a preliminary preferred alternative, aimed at relieving traffic congestion in the Green River Valley of south King County. At a minimum, the following two major transportation issues will be addressed: (1) freight mobility between • the ports of Tacoma and Seattle and key commercial distribution centers within and beyond the SR 167 corridor, and (2)planning for a reasonable level of service in the designated corridor in accordance with the requirements of the Growth Management Act and in a manner that allows SR 167 to accommodate 2030 projected travel demand within and through the comdor. A draft environmental scoping document and notice of intent will be prepared to meet federal project requirements. Completion of environmental scoping, an environmental impact statement (EIS), preferred alternative decision, and Record of Decision (ROD) will be produced in subsequent phases. The work under this agreement is preliminary and will depend on successful completion of future study that includes extensive involvement by agencies and the public. MUTUAL CONVENANTS AND AGREEMENTS 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning provided for below: 1.1 EXECUTIVE COMMITTEE: The SR 167 Executive Committee created herein is the governing body of elected officials or their designated representatives responsible for implementing this Agreement and is comprised of designated representatives of eligible jurisdictions who have authorized the execution of and become parties to this Agreement. The signatory is Page 1 of 10 Version 02/13/2003 parties to this agreement will be the voting members of the Executive Committee responsible for representing the views of jurisdictions having an interest in improving transportation conditions in the corridor and making all major decisions that guide the corridor study. Ex-officio members maybe designated as appropriate. The ex-officio members will have a voice to provide guidance that represents regional perspectives for consideration by the voting members, but no vote. 1.2 SERVICE PROVIDER- The Service Provider, which supplies staffing and procures other resources to provide services necessary for the Executive Committee, is WSDOT. WSDOT will designate a project manager for overall conduct and coordination of the study. WSDOT in the role as Service Provider will prepare or cause to be prepared all necessary environmental documentation. 1 3 FISCAL AGENT: The WSDOT will function as fiscal agent,and perform all accounting services for the Executive Committee, as it may require, in accordance with the requirements of Chapter 39.34 RCW. IA PARTIES: Means the undersigned parties to this inter local agreement 2. AGREEMENT. This Agreement is entered into by and among the cities of Auburn and Kent, King County, and the Washington State Department of Transportation (State) This Agreement will serve as a written commitment of intent between the parties to identify alternative transportation investment packages, including a preliminary preferred alternative,specific phases of which can be built within the funding included in the RTID proposal,and documentation for future preparation of environmental scoping and an EIS for the SR 167 Corridor Project Preparation of the EIS shall be in accordance with the National Environment Policy Act (NEPA) and the Washington State Environmental Policy Act(SEPA), as appropriate 3. SCOPE AND RESPONSIBILITY FOR PROJECT DEVELOPMENT A. Organizational Structure In order to provide direction and coordination between the consultant and the agencies involved,the organizational structure and roles for accomplishing work under the agreement shall be as follows- The Executive Committee shall consider the information, views, and recommendations provided by staff and provide overall policy direction, guidance and major decisions as necessary to the WSDOT. A Technical Page 2 of 10 Version 02/13/2003 Advisory Committee may be identified to provide support to the Executive Committee. The project manager shall be responsible for overall project management, interagency coordination and maintaining an overview of all consultant contract efforts A project management team made up of staff from the signatory agencies will support the project manager B. Action Plan This project will be done in at least two phases. The first phase,which is covered by this agreement, will include development of alternatives, including identification of a preliminary preferred alternative, expansion and updating an existing traffic model, screening of alternatives, and scoping the remaining work. Phase I work will generally consist of preparation of a draft project purpose and work statement sufficient to define the project goals, develop a scope of improvements and alternatives to be studied in an EIS, collect and assimilate known data about the corridor,refine initial project cost estimates based upon known data, and coordinate among jurisdictions to share such information and to refine project goals based upon stakeholder input. The second phase, and additional phases as needed,which may be done through amendments to this agreement, will include preparation of environmental scoping, the draft and final EIS, identification of a preferred alternative, ROD and, if necessary, an Interstate access feasibility study. C. Funding The City of Kent, the City of Auburn, and King County are providing $33,000 each in financial commitment to this phase of the study. Funding is ',,.: pursued of $400,000 is being pursued through the Puget Sound Regional Council. Agencies have provided and will continue to provide in-kind services needed to determine the scope of work necessary to refine the preliminary cost estimate of the proposed corridor improvements and prepare a scope of work for the Phase I consultant contract,which will include a list of tasks and associated costs required to qualify the Project for inclusion in the RTID by mid-2003. Each agency shall commit the personnel for membership on the Executive Committee and its' agency review and approval process. This expense is considered separate from agency contributions described above. Page 3 of 10 Version 02/13/2003 4. ENDORSEMENT. The parties to this Agreement will exercise best efforts to expedite execution of legislation and agreements necessary to prepare this study and the EIS to follow. Participation in this work in no way obligates them to fund construction or implementation of any improvements The Washington State Department of Transportation, the cities of Auburn and Kent, and King County hereby agree to the terms and conditions of this Agreement by having their representatives affix their signatures below Other jurisdictions may join in this agreement in the future inconsideration of contributions to the furtherance of this work 5. EFFECTIVE DATE AND TERM. This Agreement shall become effective upon its execution by each of the funding parties within as authorized by each jurisdiction's legislative body Once effective, this Agreement covers the first phase of work as defined under Action Plan, which is to be developed under this agreement 6. MEETINGS. The Executive Committee will organize itself by selecting a Chairperson and a Secretary responsible for organizing and running scheduled meetings Meetings will be called as the chairperson determines that the project study requires in fulfillment of the committee's intended role The secretary shall be responsible for scheduling all meetings at a convenient time and in a location central to the corridor The Executive Committee shall make all decisions necessary to carry out the purposes of this agreement In meetings where a decision is to be made, a quorum of five members of the Executive Committee must be present for conducting business. Decisions shall be made be consensus Consensus maybe reached by general agreement of the parties If the Executive Committee does not achieve consensus, each party to this agreement has one vote, which may be split between representatives, for the purpose of making decisions A simple majority vote shall be needed to pass a motion 7. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law, and for the limited purposes set forth in this agreement, each party shall protect, defend, hold harmless and indemnify the other parties, their officers, elected officials, agents and employees, while acting within the scope of their employment as such, from and against any and all claims (including demands, suits,penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in anyway resulting from such party's own negligent acts or omissions related to such party's participation and obligations under this agreement. Each party agrees that its obligations under this subsection extend to any claim, demand and/or cause of action brought by or on behalf of any of its employees or agents For this purpose, each party,by mutual negotiation,hereby waives, with respect to the other parties only, any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. The provisions of this subsection shall survive and continue to be applicable to parties exercising the right of termination pursuant to Section 9 Section 13 8. NO ASSUMPTION OF LIABILITY In no event do the parties to this Agreement intend to assume any responsibility, risk or hability of any other party to this Agreement or otherwise with regard to any party's duties, responsibilities or liabilities Page 4 of 10 Version 02/13/2003 under the Endangered Species Act, or any other act, statute or regulation of any local municipality or government, the State of Washington or the United States. 9 VOLUNTARY AGREEMENT.This is a voluntary agreement and it is acknowledged and agreed that, in entering into this Agreement, no party is committing to adopt or implement any actions or recommendations that may be contained in a Corridor Plan developed pursuant to this Agreement. 10. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or more of the parties to this Agreement from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action,provided that any such decision or agreement shall not impose any funding, participation or other obligation of any kind on any party to this Agreement which is not a party to such decision or agreement 11. NOTHIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to,nor shall it be construed to,create any rights in any third party, including without limitation the Eaecudie Committee, NMFS, USFWS, any agency or department of the United States, or the State of Washington, or to form the basis for any liability on the part of the Executive Committee or any of the parties, or their officers,elected officials, agents and employees, to any third party. 12 AMENDMENTS. This Agreement maybe amended, altered or clarified only by the unanimous consent of the parties to this Agreement, represented by affirmative action by their legislative bodies 13. TERMINATION: Any party may terminate participation in this Agreement at any time by providing sixty(60) days written notice to the other parties. The terminating party shall remain fully responsible for meeting all of its funding and other obligations through the end of the calendar year in which such notice is given, together with any other costs that may have been incurred on behalf of such terminating party up to the effective date of such termination. This Agreement may be terminated at any time by the written agreement of all parties 14. COUNTERPARTS. This Agreement may be executed in counterparts. i Page 5 of 10 Version 02/13/2003 15. APPROVAL BY PARTIES' GOVERNING BODIES. This Agreement has been approved for execution by appropriate action of each party's governing body IN WITNESS W14EREOF, the parties hereto have executed this Agreement on the day of , 2003. CITY OF AUBURN Approved as to form. By: By: Its: City Attorney CITY OF KENT Approved as to form- By: By: Its. City Attorney COUNTY OF KING Approved as to form: By By: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By: By: Its: State Attorney General H: SRI67CORRIDOR\AGREEMENTSULA03 DOC I Page 6 of 10 Version 02/13/2003 I Kent City Council Meeting Date March 18, 2003 Category Consent Calendar 1 SUBJECT: JAMES AND CENTRAL INTERSECTION IMPROVEMENTS, CONDEMNATION ORDINANCE—ADOPT 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, adoption of Ordinance No. 3C 3 authorizing condemnation of a portion of the east side of Central Avenue at the James Street/Central Avenue Intersection. 3. EXHIBITS: Public Works Director memorandum and ordinance 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCALlPERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E PUBLIC WORKS DEPARTMENT Don E Wickslrom, P E. Public Works Director eo: K E N T Phone 253-856-5500 W"'"'""°" Fax 253-856-6500 Address: 220 Fourth Avenue S Kent, WA 98032-5895 Date March 3, 2003 To- Public Works o inuttee From: Don Wickstrom, P E. Public Works Director RE James St/Central Ave Intersection Improvements - Condemnation As you are aware the James St/Central Ave intersection improvement project has been on the City's six year Capital Improvement program since 1995. Only as of late has it been a fully funded project with a budget of approximately $1,500,000 Of said total funds about $900,000 are grant funds JIB). The project includes the widening of the intersection to accommodate an additional south bound left turn lane on Central Ave (south bound to east bound) and a right turn lane on James St(east bound to north bound). Presently the design of the project has been completed and we're in the midst of right of way acquisition. Of the eight parcels originally needed to be acquired five have been acquired and three still remain outstanding As reflected on the map these last three acquisitions are all located on the east side of Central Ave and include the Kent School District's Kent Junior High School property, the Phillips Conoco gas station on the north east corner of the intersection and the TC's Offroad Center property just north of the gas station. While we believe we may reach agreement on the School District's parcel the other two parcels we are not so sure. As reflected in the attached diary of our negotiator the underlying owners thereof because they are retired are difficult to find and in the case of TC's Offroad Center property has told us to condemn. in the interest of finalizing these last acquisitions in a reasonable time frame we are asking for authorization to condemn thereon. By doing so does not mean we will stop negotiation We will continue to do so up to trial date. What it does mean however is that we can anticipate a definitive date that we will have the property and thus proceed to construction. Motion: Recommend to full council the adoption of the respective condemnation ordinance. GEORGE ST, T L NO. 132204-9070 -- -- --� TITLE NO. 496117 i KIM D. AND CYNTHIA D MARLATT i T.L. NO. 914710-0130 TITLE NO. 440258 THOMAS W. AND BETTE J. iCARLTON TL NO. 132204-9028 TITLE NO 440257 KIM D. AND CYNTHIA D J. MARLATT �,� ,�0j I T.L. � T NO. Gy r 44' ! 44'' 132204-9032 ° r,P 1 T L NO I tj TITLE N0. y2 ' I 132204-9185 ( 440259—A TITLE N0. 440256 i Q TOSCO MARKETING I NELLIE M. MARLATT ,J I - CO. DC. Z FIW NI JAM ES ST. a >¢ o caw L •c \133' 140 59 MC��<<�ir.° 4Oal dory T L. NO 184970-0265 ra TITLE NO. 440255 I T.L NO. 538560-0005 x°Nr CHEVRO SERVICES CO. TITLE N0. 496118 iI KENT SCHOOL DIST. NO. 415 LEGEND T L. NO. 184970-022 -- 33' 33 TITLE 0. 440254 i - CONDEMNATION ALL CITY BA L BOND CO. INC T.L. NO 1 84970-021 5 ® RIGHT—OF—WAY ACQUIRED TITLE NO. 440253 JERR ZELINSKY s I I ' JAMES ST. VE. CENTRAL AVE. KENT IMPROVEMENTS CITY OF KENT S`"`E ' 100 EX I a ENGINEERING DEPARTMENT WTE 02-1W3 u DIARY OF RIGHT-OF-WAY ACTIVITIES Project: City of Kent,James& Central Ave Owner: Carlton,Thomas W. and Bene Jo Phone: Mexico 011-526-622-420134 1/31/03 Drove to Kent to look over the project and to make contact with owner. The business located at 730 N. Central,Kent, WA 98032 is TC's OFFROAD CENTER. Per Scott Murphy, the store manager, the Carlton's live in Mexico much of the year. Their number there is 011- 526.622-420134. Owner is scheduled to be back in April 2/2/03 T/c to Mexico. Tom Carlton answered the phone and seemed very angry that the City wanted to buy more property in front of his business. He said he only has two parking spots out there and this project will take away both of them He wants to know what the City plans to do about that hurting his business. He also said that the last time the City did a project out front he almost went out of business because the construction took so long He said he is not selling at all, unless the City wants to buy the whole business,then he'll sell. He did say the City can just condemn if they need too, because selling in a strip like this harms his business too much. He also seemed upset that the City didn't ask him for his input on the design and that this is the first he has heard of the project. NEED TO VERIFY THAT HE IS NOT LOSING ANY PARKING SPOTS,NEED TO PROVIDE HIM WITH AN OUTLINE AS TO HOW HIS BUSINESS WIL BE IMPACTED, IF ANY, BY THE PROJECT Told him that the project was tapering down into the existing sidewalk at that point and the impact would be minimal. After a little more discussion, he did tell me to at least send him the information,via a mail box in Arizona,PO Box 6957, Nogales,AL 85628 He said he will look it over and get back tome. He also said he has an attorney in Kent, Bob Kitto, and if he decides he is not going to sign the paperwork,be will get in touch with his attorney,however, he doesn't want us to contact his attorney until he decides what he is going to do. I will send all the paperwork, along with a cover letter and a large copy of the City's plans for this project oft to him early this week. McCaughan, Jerry From: Linda Lane [laneassoc@attbi com] Sent: Jerry 19, 2003 9 18 AM To: McCaughan Subject: Nelsons' L e,d 0 Jerry- I have located the Nelsons who own a portion of the property where the 76 station is located They are in Hawaii until mid-April. A woman named Lucy called who works for them and she asked that I send the package to her first so she can look at it, then she will send it to the Nelsons'in Hawaii. Well we finally tracked down all the owners Three of the four are out of stale I met with Mr Banks on Monday and will type up a dairy Very nice older gentleman who wants to work with us but still make sure his lease is okay and isn't in jeopardy. He requested a copy of the release of lease once the gas company signs off and I said no problem. He will be taking the package to an attorney Linda t McCaughan, Jerry From: Linda Lane [laneassoc@attbi comj Sent: Thursday, February 13,2003 9 55 AM To: Jerry McCaughan Subject: Conoco Phillips transaction Jerry- We started calling Wredes' from out of the phone book and we got ahold of their niece She said she would call her aunt and uncle and have them get ahold of us. They called me this morning and they are currently staying down in Arizona and will be back in mid-April. I told them that we needed to work on the negotiation now and not when they gel back in April They said fine, they sound like nice people, I told them I would fed ex or postal express their package to themt I asked them if they knew the Nelsons and they said no. red acall to Carlton in Mexico They have not yet recewed the package They go into town once every seven to ten and that is when they pick up the mad So we are waiting form them to go into town and get it The wife sounded sant on the phone. 1 Conoco Phillips - placed a call to Jerry Lyndes whom I sent the package to in Arizona and asked him to give me a ring back. Kent School District- I will call Fred Long today Just a brief update for you. Linda Lane 1 McCaughan, Jerry From: Linda Lane [laneassoc@attbi com] Sent: Wednesday, February 12,2003 6.24 AM To: Jerry McCaughan Subject: Conoco Phillips File Jerry- I still have not located the Wrede's or the Nelsons on this parcel I have the title company working on it There is a recent easement in the file that they signed in 2002 in which the Wredes'signature was notarized in Riverside County, California. The mail I send out to them is returned. I am going to drive out to their old address and see if any of the neighbors can tell me where they are located There was a return address for a law firm on one of the documents so I called them but they have no record of where the Wredes are located They had mad returned in 1999 and since then have lost track of them I have no idea where the Nelsons are We are going to start calling Nelsons from the phone book to see if any of them are related to our Nelsons Like I said, the title company is going to try and help me Just wanted to let you know. If you have any other ideas of how to go about locating these people please let me know Thank you. Linda 1 L' 1 /�/t I't IFS �)D C0 w, Diary of Right of Way .lctivitles / Phillips Conoco TO/6C0 MARKETING INC. (lecsee) Mr. Mike Elmer 28425 18d'Ave.So. Federal Way, WA 98003 (253)951-7I60 1/]3103 - I met with Mike Elmer out on site and he seemed very easy going and pleasant. But he is not the point of contact. Ile told me to contact Dan Baldwin,the real estate representative at 206-706-2340. 1 called Dan and he said the process is a long one. He gave me the name and number of the gentleman I am suppose to forward the paperwork to in addition to photos. His name is; Jerry Lyndes (602)728-4892 1500 No. Priest Dept.DC 56 Jerry Lyades P.O. Box 52085 Tempe, AZ 85281 Jerry will briefly look at the documentation and then funvard it to Range West in Arizona. Range West will review the documentation and give Jerry the go ahead to execute the documents I am to for%kard him photos of the site also. I also called the title company to update the title to see if a name change has taken place as of yet. Neither Dan nor Mike Wanted copies of the documents at this time. Dan Baldwin did request copies of everything once it is signed off In addition I have gotten ahold of one of the land owners John Banks(wife deceased). He has an interest in the parcel numbered 109 on the plat map attached to the title report He stated that Nelson owns the large parcel on the comer. That leads me to believe that Wrcde may own the other parcel in the corner. Jerry is helping me in regards to the title Linda 1/23/03—Wrede's paperwork came back in the mail stating that their address is incorrect. I need information from Jeprry as to past mailing addresses for these people. LL s- d �.r �y.....1 e_I cn I(,, V 4-1 r...- /1.p�:.<./ /CH`i � /.� �• .I AGO - .f/i ,i� . 1/30/03—Received file from Jeri, need to prepare package to be sent to Arizona Package should go out by Feb 4' Need to have Jerry review cover letter prior to sending. . LInda ORDINANCE NO. I AN ORDINANCE of the City of Kent,Washington, providing for the acquisition of a portion of James Street and Central Avenue associated with the James Street and Central Avenue Intersection Improvement project and/or property rights in order to construct, extend, widen, improve, alter, maintain, and reconstruct the intersection located at James Street and Central Avenue, providing for the condemnation, appropriation, taking and damaging of such surface and aerial property rights as are necessary for that purpose, providing for the payment thereof out of the James Street and Central Avenue Intersection Improvement Proj ect fund(Fund No R20059 4140 364),and directing the city attorney to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations or other agreements; all of said property located within King County, Washington I THE CITY F I F C COUNCIL O THE CITY O KENT, WASHINGTON, ORDAINS AS FOLLOWS SECTION]. After hearing the report of City staff,and after reviewing the planned improvements for the James Street and Central Avenue Intersection Improvement Project(the"Project"), the City Council finds and declares that the public convenience,use, health, safety and necessity demand that the City of Kent condemn, appropriate, take and damage portions of certain real property located in King County, Washington, in order to acquire the necessary real property and/or property rights for the construction of the Project, i I James Street and Central Avenue Intersection Improvement Condemnation Ordinance including all necessary appurtenances. The property affected by this ordinance is legally described in Exhibit A, attached and incorporated by this reference(the "Property") The I purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the constriction,extension,improvement,widening,alteration, maintenance,reconstruction and restoration of the Project,and any other municipal purpose that may be necessary from time to time on the Property SECTION2 The city authorizes the acquisition by condemnation of all or a portion of the Property for the construction,extension,improvement,widening,alteration, maintenance and reconstruction of the Project, together with all necessary appurtenances and related work to make a complete improvement according to city standards SECTION 3. The city shall condemn the Property only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law SECTION 4. The city shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the city's "James Street and Central Avenue Intersection Improvement Project" fund(Fund No R20059 4140.364)or from any of the city's general funds, if necessary, as may be provided by law SECTION 5. The city authorizes and directs the city attorney to commence those proceedings provided by law that are necessary to condemn the Property In commencing these condemnation procedures,the City Council authorizes the city attorney to enter into settlements, stipulations or agreements in order to minimize damages,which settlements, stipulations or agreements may include, but not be limited to, the amount o just compensation to be paid, the size and dimensions of the property condemned, and the acquisition of temporary construction easements and other property interests 2 James Street and Central Avenue iIntersection Improvement Condemnation Ordinance ' SECTION 6. Any acts consistent with the authority and prior to the I effective date of this ordinance are ratified and confirmed SECTION Z The provisions of this ordinance are declared to be separate !'and severable The invalidity of any clause, sentence, paragraph, subdivision, section or !portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance,or the validity of its application to other persons or circumstances. SECTION 8. This ordinance, being the exercise of a power specifically I delegated to the City legislative body,is not subject to referendum,and shall take effect and be in force five (5) days after passage, approval and publication as provided by law I I JIM WHITE, MAYOR i i ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY 3 James Street and Central Avenue Intersection Improvement Condemnation Ordinance i 'PASSED the_ day of March, 2003. I(APPROVED the day of March, 2003. I; PUBLISHED the—day of March, 2003. I hereby certify that this is a true and correct copy of Ordinance No passed by the City Council of the City of Kent,Washington,and approved by the Mayor of the City of Kent as hereon indicated BRENDA JACOBER,CITY CLERK(SEAL) ,i i i P TmhOrdma eu Condemd StCmlm[Aw dm ;I it it III it I' 4 James Street and Central Avenue Intersection Improvement Condemnation Ordinance 496118 -�)tflooL PARCEL A: Lots 1 through 20, inclusive, Block 5, ALL of Blocks 1 thru 4, inclusive, Blocks 6 and 7, McMillins Addition to Kent, according to the plat thereof recorded in Volume 7 of Plats, page 58, in King County, Washington; TOGETHER WITH vacated State Street that would attach by operation of law; TOGETHER WITH vacated alley in Block 5 that would attach by operation of law; EXCEPT that portion conveyed to the City of Kent by deeds recorded under Recording Numbers 4663582, 4804847, 6476222, 710526031 and 8406120020. PARCEL B Lots 1 through 7 and the west 10 feet of Lot 8, Block 20, Washington Central Improvement Co's 13t Addition to Kent, according to the plat thereof recorded in Volume 3 of Plats, page 97, in King County, Washington; TOGETHER WITH an unplatted strip adjacent north of said block and south of Pioneer Street; EXCEPT the east 20 feet of Lot 8; AND EXCEPT that portion of Lots 1 through 5 as conveyed to the City of Kent for alley by deed recorded under Recording Number 6423052. PARCEL C: East 20 feet of Lot 10 and all of Lot 11, Block 20, Washington Central Improvement Co. 's First Addition to Kent, according to the plat thereof recorded in Volume 3 of Plats, page 97, in King County, Washington; ALSO that portion of the northeast quarter of the northeast quarter of Section 24, Township 22 North, Range 4 East, W.M. , in King County, Washington, lying south of the south line of Pioneer Street as established in McMillin' s Addition to Kent, according to the plat thereof recorded in Volume 7 of Plats, page 58, in King County, Washington, north of the north line of said Block 20 of Washington Central Improvement Co. 's First Addition to Kent, west of the east line of said Block 20 and east of west line of the east 20 feet of . Lot 10, said Block 20, extended northerly. LEGAL DESCRIPTION, continued: EXHIBIT "A" Page 1 of 4 LEGAL DESCRIPTION, continued: 496118 PARCEL D: A tract of land in the northeast quarter of the north east quarter of Section 24, Township 22 North, Range 4 East, W.M. , in King County, Washington, being more particularly described as follows: Commencing at the northeast corner of said Section 24; Thence south 01°15'23" west, along the east line of said Section 24, a distance of 645.97 feet, to the north line of Pioneer Street as established in McMillin's Addition to Kent, according to the plat thereof recorded in volume 7 of Plats, page 58, in King County, Washington, said point being that TRUE POINT OF BEGINNING; Thence continuing south 01"15;23" west, along the east line of said Section 24, a distance of 124 .42 feet, to the intersection of the easterly extension of the south line of Lots 1 through 11, Block 20 of Washington Central Improvement Company's First Addition to Kent, according to the plat thereof recorded in Volume 3 of Plats, page 97, in King County, Washington; Thence south 89°49'47" west, along said extension of the south line of Lots 1 through 11, a distance of 33 .46 feet, to the southeast corner of Lot 11, Block 20 of said Washington Central Improvement Company' s First Addition; Thence north 00"42'00" east, along the east line of said Lot 11 and the extension thereof, 95.33 feet, to south line of Pioneer Street as established in said McMillin's Addition to Kent; Thence north B8038112" west, along said south line of Pioneer Street, 340.07 feet to the intersection of a northerly extension of the west line of Lot 1, Block 20 of said Washington Central Improvement Company's First Addition, Thence north 00047'04" east, along said extension, 30.00 feet to the north line of Pioneer Street as established in said McMillin's Addition to Kent; Thence south 88038# 12" east, along said north line of Pioneer Street, 374 .69 feet, to the TRUE POINT OF BEGINNING. EXHIBIT "A" Page 2 of 4 440259-A G G,JG a ;r L E%AL That portion of the southeast quarter of the southeast quarter of Section 13, Township 22 North, Range 4 East, W M. , in King County, Washington, described as follows: Beginning at the southwest corner of Block 4, Walmsley's Addition to the City of Kent, according to the plat thereof recorded in volume 45 of Plats, page 15, in King County, Washington; Thence south 89053*40" east along the south line of said Block 4, a distance of 178.55 feet; Thence south 0024120" west parallel with the easterly margin of Central Avenue, as shown on said plat 234.76 feet to the northerly margin of James Street as conveyed to the City of Kent by Deed recorded under Recording No. 6465984, and as condemned in King County Superior Court Cause No. 706251; Thence north 89*37140" west along said northerly margin 146.55 feet; Thence north 42*02145" west along said northerly margin 47.41 feet to the said easterly margin of Central Street; Thence north 0024 .20" east along said easterly margin of Central Street 198.92 feet to the point of beginning; EXCEPT that portion thereof conveyed to the City of Kent for street by Deed recorded under Recording No. 8605200142. EXHIBIT "A" Page 3 of 4 440258 CAI:.rcN Lots 1 through 4, inclusive, Block 4, Walmsley's Addition to the City of Kent, according to the plat thereof recorded in Volume 45 of Plats, page 15, in King County, Washington; TOGETHER WITH vacated alley adjoining; EXCEPT the following described tract: Beginning at the southwest corner of said Lot 3; Thence northerly along the west line thereof and the west line of said Lot 4, a distance of 146.00 feet to the northwest corner of said Lot 4; Thence easterly along the north line of said Lot 4, a distance of 20.00 feet to a point of cusp with a curve concave to the southeast having a radius of 26.50 feet; Thence westerly, southwesterly and southerly, a distance of 30.01 feet along said curve through a central angle of 64*53 -24•; Thence southerly parallel with said west lines, a distance of 121.50 feet to the south line of said Lot 3; Thence westerly along said south line, a distance of 4 .50 feet to the point of beginning. EXHIBIT "A" Page 4 of 4 ® Kent City Council Meeting Date March 18, 2003 Category Consent Calendar 1. SUBJECT: LODGING TAX ADVISORY BOARD MEMBER—CONFIRM 2. SUMMARY STATEMENT: Confirmation of Kent Downtown Partnership Executive Director Jacquie Alexander to the Lodging Tax Advisory Board. Ms. Alexander has been Executive Director of the Kent Downtown Partnership since March 2002. She was previously Executive Director of the Shelton Chamber of Commerce and Olympia Chamber of Commerce and worked at the Washington State Capitol for the legislature and for the Visitor's Center. 3. EXHIBITS• None 4 RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES a 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F Kent City Council Meeting Date March 18, 2003 Category Consent Calendar 1. SUBJECT: ECONOMIC DEVELOPMENT STRATEGIC PLAN CONTRACT— APPROVE 2. SUMMARY STATEMENT: As recommended by the Operations Committee, authorization for the Mayor to sign the contract with Berk& Associates to draft an Economic Development Strategic Plan for the City of Kent in the amount not to exceed $26,000. Berk & Associates is a policy and management consultant firm that will assist the City in drafting the Economic Development Strategic Plan,which will be presented to the Council this fall. The consultant's work will include development of recommendations, preparation of technical background sections, identification of roles and responsibilities of the various economic development partners, timelines for the recommendations, and establishment of benchmarks and measurable outcomes for the strategies. In addition, the consultant will develop a graphic layout and report design to enhance the Plan's effectiveness as a communication tool with the public and with future investors in the City of Kent. 3. EXHIBITS: Contract, scope of work and budget 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $25,600 SOURCE OF FUNDS: M00080.64190.1222 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Berk & Associates THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Berk & Associates organized under the laws of the State of Washington, located and doing business at Suite 200, 120 Lakeside Avenue, Seattle, WA, 98122; (206) 324-8760 (hereinafter the "Consultant") I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications- In order to develop a Kent Strategic Economic Development Plan, the consultant will complete the following scope of work. The consultant will attend monthly meetings with City of Kent, Chamber staff and the consultant selected for producing the market demand and best practices research. In addition, the consultant may be asked to present the results of the work at a maximum of three public meetings, which may include two City Council meetings and one wrap-up meeting of the Kent Economic Summit community groups. Refinement and completion of the City's draft 2003-2007 Economic Development Strategic Plan. This work will include preparation of recommendations and technical background sections, identification of roles and responsibilities of the various economic development partners, timelines for the recommendations, and establishment of benchmarks and measurable outcomes for the strategies. In addition, the City may ask the consultant to help design a summary brochure and poster to communicate the Plan's content to various audiences. The consultant will build upon the foundation of work completed to date by the City of Kent and the Kent Chamber by providing value-added analysis, strategy, insight and communication tools. The c onsultant w ill work c ollaboratively w ith C ity o f Kent a nd Kent C hamber staff to review, refine, reject and add to the proposed strategies in view of market research and best practices research (being conducted by another consultant), continued work by community teams and by the expertise and experience of the consultant. As part of this process, the consultant will: CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) ❑ The consultant principal and president (Bonnie Berk) will meet with City of Kent and Chamber staff to discuss remaining Economic Development Strategic Plan community sub- group meetings. The consultant will also attend and when appropriate participate in the sub group meetings. ❑ Define the roles and responsibilities of the City's economic partners in as much detail as possible, including designating responsibility for specific action items. The consultant will meet with the City of Kent, the Kent Chamber and the Kent Downtown Partnership as part of this task. ❑ Develop a graphic timeline for the Plan that reflects which strategies will be undertaken in each year. This timeline can be expected to be dynamic over the life of the Plan; however, it provides a starting point for clarifying and articulating the City's immediate priorities and those which are expected to take more time. ❑ Develop benchmarks and measurable outcomes or outputs (in close collaboration with the City) for the goals and s trategies. Advise t he C ity a bout t he effective u se o f b oth metrics as applied to economic development activities. ❑ Develop a graphic layout and report design to enhance the Strategic Plan's effectiveness as a communication tool for the City's elected officials, staff, stakeholders and the public. Final report due: August 1, 2003 Draft report and progress report due: June 1, 2003 Consultant further represents that the services furnished under this Agreement will be performed accordance with generally accepted professional practices in effect at the time those services are performed II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by August 1, 2003 III. COMPENSATION. A The City shall pay the Consultant, based on time and materials, an amount not to exceed $26,000 for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement The City shall provide payment within forty-five (45) days of receipt of an invoice If the City objects to all or portion of an invoice, it shall notify the Consultant and reserves the option to only payv#e portion of the invoice not in d ispute. In t hat a vent, t he p arties w ill i mmediately inake a effort to settle the disputed portion. CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and 0irect the performance and details of its work, the City being interested only in the results obtained under this greement. V. TERMINATION. Either party may termmate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates C onsultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1 2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. 0 The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages ansing out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide asonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work finder this Agreement. CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's reques The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyoi other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. E ven though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general r ight o f inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product B Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreem in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreement! or options, and the same shall be and remain in full force and effect C. Resolution of Disputes and Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorneys fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice ereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, nd shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing E Assignment Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent F Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Enure Agreement. The written provisions and terns of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail H Compliance with Laws The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance �f those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By By (signature) (signature) Print Name Print Name Jim White Its Its Mayor (Title) (Title) DATE: DATE- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Bonnie Berk Nathan Torgelson Berk &Associates City of Kent Suite 200 220 Fourth Avenue South 120 Lakeside Avenue Kent, WA 98032 Battle, WA 98122 (206) 324-8760 (telephone) (253) 856-5703 (telephone) (206) 324-8965 (facsimile) (253) 856-6700 (facsimile) CONSULTANT SERVICES AGREEMENT-5 (Over$/0,000) APPROVED AS TO FORM: Kent City Attomey [In this field,you may enter the electronic filepath when the contract has been saved] CONSULTANT SERVICES AGREEMENT-6 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement, The questions are as follows- 1 I have read the attached City of Kent administrative policy number 12 2 During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. During the time of this Agreement the prime contractor will provide a written statement to all new 16 employees and subcontractors indicating commitment as an equal opportunity employer. 4 During the time of the Agreement 1, the prime contractor, will actively consider hiring and promotion of women and minorities. 5 Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above Dated this day of 200_ By For. Title Date: EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 12 EFFECTIVE DATE. January 1, 1998 SUBJECT MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps* 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2 Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments 1 Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy 2 Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 12 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. IS Dated this day of 200 By For Title Date: • EEO COMPLIANCE DOCUMENTS-3 � I ' F ■ , k2 § 2 2 ! - - J aR / � k \ ! . - / \ 0 \ » E ! _ cc § � ILrm Cr; ! 0 ; @a ; k | \ Im G\ z � ° a0 k . ;! � oE $k # k § f §k ° ■ - ; ! ° Z0W - ® ■ f a L | \ U Bk � �/k k ° _ ! a - § k . @l , e � - / - & k] � a2 ) ! § q% !Zk) � /k \ f § -k . k� , k ! N% 016 ! 1 � E Bkv k� \ !| Lu Mmmm Kk� # \\ ` � § 2 | , e � ow z- © ` ! 0 ! ! § }! � � } \ ( � / (/ � k � ! # ! uj $) \\ £ t �� $ ; , ; : . . . . ; . l2 � , _ ujQ IL acr § § § § EXHIBIT B INSURANCE & INDEMNITY REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Indemnification /Hold Harmless The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages ansing out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance. Title 51 RCW, solely for the purposes of this indemnification This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may anse from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below. I Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits. 1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident EXHIBIT B (Continued) • C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance I The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A.VII E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall fumish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor • Kent City Council Meeting Date March 18, 2003 Category Consent Calendar 1. SUBJECT: BUSINESS SECTOR RESEARCH CONTRACT—APPROVE 2. SUMMARY STATEMENT: As recommended by the Operations Committee, authorization for the Mayor to sign the contract with the University of Washington Daniel J. Evans School of Public Policy to conduct business sector related research related to the development of the City's Economic Development Strategic Plan for the City of Kent, in the amount not to exceed $31,000. This contract and scope of work is with the University of Washington (UW) Daniel J. Evans School of Public Policy(Dr. Paul Sommers). Dr. Sommers will conduct predicted market demand and issues for key South King County market subsectors and will identify what actions the City and other Kent agencies could take to influence the rate of growth in these sectors. These actions will be considered for inclusion in the City's Economic Development Strategic Plan, which will be presented to Council this Fall. The UW contract will also examine best practices in economic development in • other regions of the United States related to the key issues identified in the sector analysis. 3. EXHIBITS: Contract, scope of work and budget 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $30.466 SOURCE OF FUNDS: M00080.64190.1222 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ® ACTION: Council Agenda Item No. 6H KENT WASHINGTON PROFESSIONAL SERVICES AGREEMENT between the Cit of Kent and :a THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and the .. °I n 11 sub ° 11 Tok � , organized under the laws of the State of Washington, located and doing business at -C, ea le A 98i0 .ems a e M I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications, as found in Exhibit A Contractor further represents that the services fumished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by May 30, 2003 and August 1, 2003 as ecified above under Description of Work III. COMPENSATION. A The City shall pay the Contractor, based on time and materials, an amount not to exceed $30,466 ($15,223 upon delivery of the Draft Progress Report on May 30, 2003 and $15,223 upon delivery of the final report by August 1, 2003) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. The Contractor agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement The Contractor's billing rates shall be as delineated in Exhibit B B. The Contractor shall submit two (see Description of Work) payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Contractor and reserves the option to only pay that portion of the invoice not in dispute In that event, the parties will immediately make every effort to settle the disputed portion IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- 1&mployer Relationship will be created by this Agreement and that the Contractor has the ability to control and erect the performance and details of its work, the City being interested only in the results obtained under this Agreement PROFESSIONAL SERVICES AGREEMENT- 1 (University of Washington) V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Contractor' possession pertaining to this project, which may be used by the City without restriction. If the City's use Contractor's records or data is not related to this project, it shall be without liability or legal exposure to the Contractor. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates C ontractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 12, and upon completion of the contract work, file the attached Compliance Statement VII. INDEMNIFICATION. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages ansing out of bodily injury to persons or damages to property caus by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employe agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Contractor for the purpose of completion of the work under this Agreement X. r PROFESSIONAL SERVICES AGREEMENT-2 (University of Washington) XI. CITY'S RIGHT OF INSPECTION. Even though Contractor is an independent contractor with We authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion XIL WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work XIII. MISCELLANEOUS PROVISIONS. A Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, the City requires its contractors to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product B. Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect C. Resolution of Disnutes and Governing Law This Agreement shall be governed by and onstrued in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. 0 PROFESSIONAL SERVICES AGREEMENT-3 (University of Washington) D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3)business days after the date of mailing by registered or certified ma and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or suc other address as may be hereafter specified in writing E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent F. Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor G Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail H. Compliance with Laws The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By By. (signature) (signature) Pant Name- Print Name: Jim White Its Its Mayor (Tide) (nde) DATE DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Nathan Torgelson City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5703 (telephone) (253) 856-6700 (facsimile) PROFESSIONAL SERVICES AGREEMENT-4 (University of Washington) APPROVED AS TO FORM: Kent City Attorney [In this field,you may enter the electronic filepath where the contract has been saved) I PROFESSIONAL SERVICES AGREEMENT- 5 (University of Washington) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows- 1. I have read the attached City of Kent administrative policy number 12 2 During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3 During the time of this Agreement the prime contractor will provide a written statement to all neb employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement 1, the prime contractor, will actively consider hiring and promotion of women and minorities 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 200_ By. For. Title Date: EEO COMPLIANCE DOCUMENTS- t CITY OF KENT ADMINISTRATIVE POLICY NUMBER 1 2 EFFECTIVE DATE: January 1, 1998 SUBJECT MINORITY AND WOMEN SUPERSEDES April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY. Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps- 1 Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2 Actively consider for promotion and advancement available minonties and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1 Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2 Monitonng to assure adherence to federal, state and local laws,policies and guidelines 0 EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 12 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement Dated this day of 200_ By: For Title: Date: EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A DESCRIPTION OF WORK Oontractor shall perform the following services for the City in accordance with the following described plans and/or specifications In order to develop a Kent Strategic Economic Development Plan, the contractor will complete the following scope of work. The contractor will attend period meetings with City of Kent and Chamber staff and the contractor selected for producing the Economic Development Strategic Plan document. In addition, the contractor may be asked to present the findings of the research at a maximum of two public meetings: one Kent City Council meeting and one Kent Economic Development Strategic Planning sub-group meeting (facilitated by the Chamber). Part One: Predicted Market Demand and Key Issues for 2003-2005 South King County Industry Subsectors Key issue: How can the City attract, grow and retain high growth businesses and industries? This research piece will build on two pieces of prior research: 1) The 2002 South County Economic Engine report, prepared by Hebert Research for the Kent Chamber of Commerce. Hebert research compiled an economic analysis/statistical profile for Kent and other South King County cities, and conducted in-depth interviews with over 200 Kent area business executives in 2002. The study highlights key issues local businesses would like the public sector to address to improve their competitiveness; and 2) The 2002 Occupational Demand and Supply by Industry Cluster and Region study, completed by the former Northwest Policy Center of the Evans School for the State Board for Community and Technical Colleges (SBCTC). This study examined workforce issues among manufacturing companies in King County and workforce needs of major industry clusters in every region of the state, including King County. Using establishment level data for 2001 from the Employment Security Department, the contractor will estimate location coefficients for each of the clusters included in the SBCTC work for the Kent area to update prior work on significant clusters in this region. Location coefficients show the relative density of firms in a study region such as Kent, compared to a larger economy, typically the United States as a whole. These indicators show the local specialization or comparative advantage of the local economy. In addition, the employment data allow examination of the size and growth of each cluster, and wage levels can be included as a criterion as well to promote family wage jobs. Based on this cluster analysis, a list of sectors or clusters will be selected for more detailed examinations. The importance of the following sectors, as identified by the City of Kent and the Kent Chamber of Commerce, will be included as part of the more detailed examination, unless otherwise discussed with the City and Chamber: ❑ Furniture ❑ Plastics (primarily selling into residential home market) ❑ Aerospace (tier one to three subs) ❑ Trucks and automobile com onents new and aftermarket com onents EEO COMPLIANCE DOCUMENTS-4 ❑ Industrial machinery, including computer equipment ❑ Metal fabrication ❑ Food processing ❑ Printing ❑ Warehousing—strengths, weaknesses and opportunities (SWOT) analysis of Seattle and Tacoma Port business for durable and non-durable goods ❑ Health care, including hospitals and small and medium sized business (SMB) practices. ❑ Construction services—residential (tie to interest rates) and commercial ❑ Engineering services, particularly start-ups The goal in the detailed industry work is to identify trends affecting each industry's future development in the area. Sources of information will include: ❑ National, state, and local employment projections ❑ Trade journals, industry-related websites, financial industry sector reports, and other published works ❑ Discussions with industry associations, local market analysts, and selected company executives A key focus of the research will be on sources of competitive advantage such as freight transportation capacity, university research that may result in improved processes or new products, workforce programs for critical occupations, and local real estate market conditions for commercial and industrial space. In addition, the contractor will identify how growth in the selected subsectors impacts City revenue. On the real estate issues, the contractor will use analysts from the new Runstad Real E state C enter i n t he S choot o f Architecture and Urban Planning. Product: (Draft progress report due May 30, 2003; Final draft report due August 1, 2003) Summary report, with an overall strategic assessment of the economic outlook and key strengths, opportunities and challenges for Kent's business sectors. The report will highlight findings of each of the sectors selected for detailed examination, and the contractor's judgements on the following key issues: ❑ Will this sector grow (or decline) more or less rapidly than it has in the past? ❑ What are the key roadblocks that are preventing faster growth in the Kent region and what are the critical issues for these sectors? ❑ What could happen in these sectors in Kent if the City does nothing? ❑ What actions could the City, Kent Chamber, and other agencies take that would influence the future growth of these sectors. These issues will then be incorporated into the formal city policy document, being prepared by another contractor. Part Two: Examination of Economic Development Best Practices in Other Regions of the Country The second component of the contract is an examination of best practice in economic development related to the key issues identified in the cluster analysis above. The contractor will specifically examine ways to: Increase start-ups in sectors as identified in the sector analysis. EEO COMPLIANCE DOCUMENTS-5 For example, with Boeing layoffs in the Puget Sound Region continuing in 2003, there may be an opportunity to organize some new engineering and aerospace component manufacturing firms. There are many economic development efforts around the nation aimed at helping startup firms. What are the best practices in this field, and likely outcomes of programs of this sort? Help develop/transition entrepreneurial small companies into professionally managed national/global corporations? Are there successful programs in o ther a reas t hat It ave s ucceeded i n w orking with t his client group? A number of manufacturing extension programs in other states have developed a focus on "gazelle" firms, those that are growing very rapidly. Examination of the characteristics and success of these programs may provide some useful guidance on this topic. Guided by the issues identified in the cluster analysis, the contractor will identify what paths and approaches have actually led to success in other regions, such as: ❑ Foreign direct investment/access to capital ❑ Technical and/or business education ❑ Proximity to research institutions—technology transfer ❑ Investment in high-functioning workforce system ❑ Redevelopment of aging industrial facilities ❑ Successful business marketing plans ❑ Examples of moving K-14 education system to high performance ❑ Attracting international tourism, business, students ❑ Improving incumbent workers productivity The contractor will look for evidence of"best practice" programs by: ❑ Reviewing the published literature ❑ Consulting experts at the National Governors Association Center for Best Practices, the U.S. Department of Commerce NISI-Manufacturing Extension Program, the Corporation for Enterprise Development, cluster development experts at Regional Technology Strategies (a private firm in the Chapel Hill, NC area with extensive experience in cluster programs in the southeast), and other sources. Product: (Draft progress report due May 30, 2003; Final draft report due August 1, 2003) Summary technical memorandum on best practices, highlighting lessons learned, factors related to business growth, and suggestions for structuring targeted initiatives to solve key problems inhibiting the growth of sectors in the Kent area. EEO COMPLIANCE DOCUMENTS-6 EXHIBIT B BUDGET EEO COMPLIANCE DOCUMENTS -7 EXHIBIT C INSURANCE & INDEMNITY REQUIREMENT_ S FOR CONSULTANT R I E AGF4,EEMENTS Indemnification /Hold Harmless The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City Should a court of competent jurisdiction determine that this Agreement is subject to RCW 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 the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor,their agents, representatives, employees or subcontractors Winimum Scope of Insurance Contractor shall obtain insurance of the types desciibed below 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage Minimum Amounts of Insurance Contractor shall maintain the following insurance limits 1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EEO COMPLIANCE DOCUMENTS- 8 EXHIBIT C (Continued) Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance• I. The Contractor's insurance coverage shall be pnmary insurance as respect the City. Any Insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A M. Best rating of not less than A VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. is EEO COMPLIANCE DOCUMENTS-9 City of Kent Economic Assessment February 1, 2003 through August 1, 2003 EXHIBIT B Total Project 1 Salaries &Wages Budget Paul Sommers, Principal Investigator $11,853 Dan Carlson, Senior Lecturer $1,646 Gwyn Hinton, Manager of Operations $890 Research Assistant $3,931 Subtotal Salaries: $18,320 2 Personal Contract Services Subtotal Personal Contract Services. $0 3 Services Phone Equipment/Long Distance $300 Copy/Duplicating $200 Postage/Freight $100 Office Rent $2,000 Subtotal Services: $2,600 4 Travel In-State Mileage $300 Subtotal Travel. $300 5 Supplies/Materials Computer Software and Supplies $421 Subtotal Supplies/Materials: $421 7 Benefits Paul Sommers, Co-Principal Investigator $2,904 Dan Carlson, Senior Lecturer $403 Gwyn Hinton, Manager of Operations $218 Research Assistant $460 Subtotal Benefits: $3,985 8 Tuition Research Assistant $2,071 Subtotal Tuition• $2,071 Total Direct Cost $27,696 Indirect Cost Rate at 10%TDC $2,770 I TOTAL BUDGET: $30,466 Kent City Council Meeting Date March 18. 2003 Category Consent Calendar 1. SUBJECT: 2002 ANNUAL COMPREHENSIVE PLAN AMENDMENTS ORDINANCES —ADOPT F 2. SUMMARY STATEMENT: Adoption of Ordinance No. 3 relating to 2002 Comprehensive Plan Amendments CPA-2002-2(A), CPA-2002-2(B), CPA-2002-2(C), CPA-2002-2(D), CPA-2002-2(E), and CPA-2002-2(F); and adoption of Ordinance No. 3V7 relating to school impact fees. These ordinances would: (1) amend the comprehensive plan's land use map designations of parcels of property more specifically identified in the ordinances; (2) amend the school impact fee schedule contained in section 12.13.160 of the Kent City Code; and(3) amend the Capital Facilities Element of the Comprehensive Plan. 3. EXHIBITS: Ordinances (2) and exhibits referenced therein 4. RECOMMENDED BY: Council (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending the city of Kent Comprehensive Plan as follows (1) to change the plan's land use map designation from Single Family, one (1) unit per acre (SF-1), to Single Family, three (3) units per acre (SF-3) for property located at South 2161h Street and 46`h Avenue South (CPA-2002-2(B)), (2) to change the plan's land u se in ap d esignation from S ingle F amily, t hree (3) units per acre(SF-3),to Single Family,six(6)units per acre (SF-6) for property located at 20129 92nd Avenue South (CPA-2002-2(D)); (3) to amend the Capital Facilities Element of the Comprehensive Plan to include the Capital Facilities Plans of the Kent and Federal Way School Districts (CPA-2002-2(E), and (4) to amend the Capital Facilities Element of the Comprehensive Plan to reflect a six-year plan for capital facilities projects(CPA-2002-2(F)) WHEREAS,the Washington State Growth Management Act("GMA") requires internal consistency among comprehensive plan elements and the plans from other jurisdictions, and WHEREAS,to assure that comprehensive plans remain relevant and up to date, the GMA requires each jurisdiction to establish procedures whereby amendments to the plan are considered by the city council(RC W 36 70A 130(2)),and limits these amendments to once each year unless an emergency exists, and WHEREAS,the city of Kent has established a procedure for amending the Comprehensive Plan in chapter 12 02 of the Kent City Code,which sets adeadline 1 2002 Comprehensive Plan Amendments of September 1 st of each year for submittal of requests for comprehensive plan • amendments; and WHEREAS,by September 2002,the city received four(4)applications I to amend the comprehensive plan's land use plan map designation, and those ` applications involve parcels located at (1)26922 132nd Avenue Southeast(CPA-2002- 2(A));(2) South 216`h Street and 46'h Avenue South(CPA-2002-2(B)),(3)9119 South 192"d Street (CPA-2002-2(C)); and (4) 20129 92"d Avenue South (CPA-2002-2(D)); and I WHEREAS, the parcel at 26922 132"d Avenue Southeast is currently designated Single Family Residential, six (6)units per acre (SF-6), and the applicants are requesting a plan designation to Commercial (C) (CPA-2002-2(A)), and WHEREAS, the parcel at South 216`h Street and 46`h Avenue South (4412 South 216`h Street) is currently designated Single Family Residential, one (1) i unit per acre (SF-1), and the applicants are requesting a plan designation of Single I Family Residential, three (3) units per acre (SF-3) (CPA-2002-2(B)), and i WHEREAS, the parcel at 9119 South 192"d Street is currently designated Single Family Residential,three(3)units per acre(SF-3),and the applicants are requesting a plan designation of Single Family Residential,eight(8)units per acre (SF-8) (CPA-2002-2(C)); and WHEREAS, the parcel at 20129 92"d Avenue South is currently designated Single Family Residential,three(3)units per acre(SF-3),and the applicants are requesting a plan designation of Single Family Residential, six (6) units per acre (SF-6) (CPA-2002-2(D)), and i 2 2002 Comprehensive plan Amendments WHEREAS,the Kent and Federal Way School Districts are requesting amendments to the text of the Capital Facilities Element of the Comprehensive Plan to I I reflect proposed changes to impact fees (CPA-2002-2(E)), and i WHEREAS, the city of Kent Finance Department has submitted proposed amendments to the Capital Facilities Element of the Comprehensive Plan to identify a six-year plan for capital facilities projects, including costs and revenue I sources (CPA-2002-2(F)), and WHEREAS,the city of Kent Land Use and Planning Board considered the requested comprehensive plan amendments,conducted a public hearing of the same on January 27,2003,and made the following recommendations (1)the denial of CPA- 2002-2(A), CPA-2002-2(B), CPA-2002-2(C), CPA-2002-2(D), CPA 2002-2(E), and CPA-2002-2(F), and WHEREAS, the proposed amendments of CPA-2002-2(B) and CPA- 2002-2(D) are consistent with the standards of review for comprehensive plan amendments outlined in section 12 02 050 of the Kent City Code; and WHEREAS, on March 4,2003,the city council for the city of Kent denied the comprehensive plan amendment CPA-2002-2(A)to amend the comprehensive plan designation for parcels of property located at 26922 132"d Avenue Southeast, and i I WHEREAS, on March 4, 2003, the city council for the city of Kent I i approved the comprehensive plan amendment CPA-2002-2(B) for the parcels of i property located at South 216`h Street and 46th Avenue based on new information provided by the applicant through testimony from Habitat Technologies that the subject site has the status of being a prior converted cropland, and I I 3 2002 Comprehensive Plan Amendments WHEREAS, on March 4, 2003, the city council for the city of Kent denied the comprehensive plan amendment CPA-2002-2(C) to amend the comprehensive plan designation of parcels of property at 9119 South 192"d Street,and WHEREAS, on March 4, 2003, the city council for the city of Kent I approved the comprehensive plan amendment CPA-2002-2(D) to amend the comprehensive plan designation of parcels of property located at 20129 92"d Avenue i South, and WHEREAS, on March 4, 2003, the city council for the city of Kent approved CPA-2002-2(E), the amendment to the Capital Facilities Element to reflect changes to the Federal Way School District and Kent School District Capital Facilities Plans; and WHEREAS, on March 4, 2003, the city council for the city of Kent i approved the Capital Facilities Element amendment CPA-2002-2(F) to reflect a six- j year plan for capital facilities projects; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS i I SECTION 1. - Amendments The city of Kent Comprehensive Plan adopted by Ordinance No 3222, as subsequently amended, is hereby amended to establish new plan designations for the following parcels- A. For the property located at South 216`h Street and 46`h Avenue South, from a plan designation of Single Family one unit per acre(SF-1)to a plan designation of Single Family three units per acre(SF-3), as depicted in the map attached as Exhibit"A" and incorporated hereby by this reference(CPA-2002-2(B)); ` B For the property located at 20129 92"d Avenue South, from a plan designation of Single Family three units per acre (SF-3) to a plan designation of Single Family six units per acre(SF-6),as depicted in the map attached as Exhibit"B" and incorporated by this reference (CPA-2002-2(D) 4 2002 Comprehensive Plan Amendments SECTION 2. -Amendment The Capital Facilities Plan element of the Kent Comprehensive Plan is hereby amended to include the Capital Facilities elements of the Kent and Federal Way School Districts, as set forth in Exhibit"C"attached and I incorporated by this reference(CPA-2002-2(E)). i SECTION 3. -Amendment The Capital Facilities Element of the City I of Kent Comprehensive Plan is hereby amended to reflect a six-year plan for capital facilities projects, as set forth in Exhibit "D" attached and incorporated by this reference (CPA-2002-2(F)) I SECTION 4. -Severabdity If anyone or more sections, sub-sections, or sentences of this ordinance are held to be unconstitutional or invalid,such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect SECTION 5. -Effective Date This ordinance shall take effect and be in force thirty(30) days from and after the date of passage as provided by law. JIM WHITE, MAYOR ATTEST BRENDA JACOBER, CITY CLERK I I APPROVED AS TO FORM I� TOM BRUBAKER, CITY ATTORNEY 5 2002 Comprehensive Plan Amendments i PASSED day of , 2003 APPROVED day of 2003. j I PUBLISHED day of 2003 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 i r c.,num �co�ei�,w�w xuuz a� i i 1 I i i i 6 2002 Comprehensive Plan Amendments 88 ^ 42 AVE pQ §m'�S OQ©O�O/kOpp ! nrnrnNx �wFx NxYF xRnNrw.F„. « x««r _ lam' � nFn "««nnn««ir _ nMYV nnMk irrrY jxf .XYN N,1 Ff+YPN XMx«y CkCXTXNM Qp-- t P,RIV- .� M1»xiF x«» »nRYNYY .:.."«bR»» Y `�nni«i rexnnt F xrYYNtl _ nYMIVY NP-V PPIn n»YY CnN (� nnC Tx nnRi«xn« N YNFk PkxVnV �v, U �« R% F YX MYff X.tl .VYXFX� � � �� �('QpQV©.�C - N rx.n«� rRYFT Yr.M1x XFT}NY "n xYYraM1 } n}nr ..YxkYrt rrM1Yxx«Nx «r««"w« xnxVxxrr. F rrY%rnr a n ) /.N11Qb A3 $ fOOv A N}hY $'�$s y a �! 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I I 1 e w p apv 33 1 A18d yym SR167-_ ---- — _ v�.-f RR2„FIINN RNNXPNh •- wxxr• %n WNVYxn IYYV_�_M_r_N_PYNnhxnYY YI xY .. ...=Taxx XV%'xTYXR hhRx • YhYM�Yx hxx hx xnYx YYxxxxx �v. .. 7-77 00 _ Oo -- 92 AVE " o — ❑ po y p - 4 -� 4 �uo;' aa v ra ,% a o (� o Cl) - q — 1 � •.� ��__ - - _❑ - o o��� � ` V _ 1, � n m 9 n -n � 3 � o a o Nam CD cn z m to K c ' � ' (D � °* h 0 0 C m n N � N � -4 y ° N f*j e o a a a CL o w t7l C o N ' z• CD EXHIBIT "B" EXHIBIT C i IIIIIAi . \� } ; �] � �\ lilt \ \\ / \ . . . .. : . \ § » s» 2 a , \\� \\ \ « \ x�\ \ � � �r\ � � � � \ % � �^� ., \ � r , \ \ \G» \ �\ �� § � \ \ \ � ��� � � ^ ^ «. . . ; z\ \ / mom � ^ � `:� . . � ®© � 4 ■ : — 2003 . # ■ \ : ■ ■ ; n SCMDOL y \ . \ y \ � / jo, ~ � . :. i � `©� j \ ^ ^� « � ,� \ � t . a■ �� �@* Enmerald Park Elerrmwy S,te Ernerald Park Elernmiary School Emmld Park EkenwtaTy Serving VnincorporatedYing County Covington, 4u6urn, BfackcDiamond, Renton, , , ! , ' , „ Kalil TOGRES&I g ® 12033 SE 256i"Street Kent, Washington 98031-6643 (253) 373-7000 SIX-YEAR CAPITAL FACILITIES PLAN 2002-2003 - 2007-2008 April 2002 BOARD of DIRECTORS Bill Boyce Sandra Collins Scott Floyd Mike Jensen Linda Petersen ADMINISTRATION Barbara Grohe, Ph D Superintendent Daniel L Moberly Assistant Superintendent-Business Services Fred H. High Executive Director of Finance Margaret A Whitney Assistant Superintendent of Human Resources & Special Services Carla Jackson K- 12 Executive Director, Kent-Meridian Gwen Dupree K - 12 Executive Director, Kentlake Merri Rieger K- 12 Executive Director, Kentridge Janis McBrayer K- 12 Executive Director, Kentwood Gary Plano Executive Director of Instructional Services Valerie Lynch, Ed.D Executive Director of Special Services Donald Hall Executive Director of Information Technology Kent School Distnct Six-Year Capital Facilities Plan April 2002 o lout school IIsvl KENT SLHOOL DIST➢I[T Six-Year Capital Facilities Plan 2002-2003 - 2007-2008 April 2002 1101 For information on the Plan, please call the Finance & Planning Department at (253) 373-7295. Capital Facilities Plan Contributing Staff Gwenn Escher-Derdowski, Forecast & Planning Administrator Cover Design by Debbi Smith Maps by Jana Tucker Joe Zimmer, Special Protects Accountant Bonnie Cation,Transportation Department Fred Long, Interim Director of Facilities &Construction Karla Wilkerson, Facilities Department Kent School District Six-Year Capital Faalities Plan April 2002 EN Kell SCING91 IMIS1110 Six`Year Capital Facilities Plan Table of Contents Section Page Number I Executive Summary 2 11 Six-Year Enrollment Projection 4 I I I Current District "Standard of Service" 8 I V Inventory and Capacity of Existing Schools 11 V Six-Year Planning and Construction Plan 14 V I Relocatable Classrooms 17 V I 1 Projected Classroom Capacity 18 V I 1 I Finance Plan, Cost Basis and Impact Fee Schedules 23 1 X Summary of Changes to Previous Plan 30 X Appendixes 31 Kent School District Six-Year Capital Facilities Plan April 2002 Page 1 I Executive Summary This Six-Year Capital Facilities Plan (the "Plan") has been prepared by the Kent School District (the "District") as the District's facilities planning document, in compliance with the requirements of Washington's Growth Management Act, King County Code K C.C. 21A 43 and Cities of Kent, Covington, Auburn and Black Diamond. This annual plan update was prepared using data available in the spring of 2002 for the 2001-2002 school year. This Plan is consistent with prior long-term capital facilities plans adopted by the Kent School District. This Plan is not intended to be the sole planning document for all of the District's needs. The District may prepare interim and periodic Long Range Capital Facilities Plans consistent with Board Policies, taking into account a longer or shorter time period, other factors and trends in the use of facilities, and other needs of the District as may be required Prior Capital Facilities Plans of the Kent School District have been adopted by Metropolitan King County Council and Cities of Kent, Covington and Auburn and included in the Capital Facilities Plan element of the Comprehensive Plans of each jurisdiction. The first ordinance implementing impact fees for the unincorporated areas was effective September 15, 1993. In order for impact fees to be collected in the unincorporated areas of Kent School District, the Metropolitan King County Council must adopt this Plan and a fee-implementing ordinance for the District. For impact fees to be collected in the incorporated portions of the District, the cities of Kent, Covington and Auburn must also adopt this Plan and their own school impact fee ordinances. This Plan has also been submitted to cities of Black Diamond, SeaTac, and Renton. A financing plan is included in Section V I I I which demonstrates the District's ability to implement this Plan. A This Capital Facilities Plan establishes the District's "standard of service" in order to ascertain the District's current and future capacity While the State Superintendent of Public Instruction establishes square footage guidelines for capacity, those guidelines do not account for the local program needs in the District. The Growth Management Act, King County and City codes and ordinances authorize the District to make adjustments to the standard of service based on specific needs of the District. This Plan includes the standard of service as established by Kent School District The District has identified schools with significant special needs programs as .'impact" schools and the standard of service targets a lower class size at those facilities. Relocatables in the capacity calculation use the same standard of service as the permanent facilities. (see section i r I for more specific mfornwtion) (continued) Kent School District Six-Year Capital Facilities Plan April 2002 Page 2 I Executive Summary (continued) The capacities of the schools in the District are calculated based on this standard of service and the existing inventory, which includes some relocatable classrooms The District's 2001-2002 program capacity of permanent facilities is 24,559 which reflects program changes and the reduction of class size to meet the requirements of Student Achievement Initiative 728 Relocatables provide additional transitional capacity until permanent facilities are completed Kent School District is the fourth largest district in the state. Enrollment is reported to the Office of the Superintendent of Public Instruction (OSPI) monthly on Form P223. Enrollment on October 1 is considered to be the enrollment for the year. P223 Headcount for October 1, 2001 was 26,377. P223 FTE (Full Time Equivalent) enrollment for October 1, 2001 was 25,332.98 (FTE reports Kindergarten at 5 and excludes Early Childhood Education [ECE] and college-only Running Start students) The actual number of individual students per the October 2001, full head count was 26,683. (All students at 10 including Kindergarten, ECE and college-only Running Start students ) The District's standard of service, enrollment history and projections, and use of transitional facilities are reviewed in detail in various sections of this Plan Our plan is to continue to satisfy concurrency requirements through the transitional use of relocatables. Pursuant to the requirements of the Growth Management Act, this Plan will be updated annually, with changes in the fee schedules adjusted accordingly. Kent School District Six-Year Capital Facilities Plan April 2002 Page 3 I I Six -Year Enrollment Projection For capital facilities planning, growth projections are based on cohort survival and student yield from documented residential construction projected over the next six years. (see Table 2) The student generation factor, as defined on the next page, is the basis for the growth projections from new developments. King County live births and the District's relational percentage average were used to determine the number of kindergartners entering the system. (see Table 1) 8 32% of 21,646 King County live births in 1997 is forecast for 1,800 students expected in Kindergarten for October 1, 2002. Together with proportional growth from new construction, 8 32% of live births is equivalent to the number of students projected to enter kindergarten in the district for the next six-year period. (See Table 2) Early Childhood Education students (sometimes identified by others as "Preschool Special Education [SE] or handicapped students") are calculated and reported separately on a .5 FTE basis. The first grade population is traditionally 7 - 8% larger than the kindergarten population due to growth and transfers to the District from private kindergartens. Near term projections assume some growth from new developments to be offset by current local economic conditions. With a few notable exceptions, the expectation is that enrollment increases will occur District-wide in the long term District projections are based on historical growth patterns combined with continuing development of projects in the pipeline dependent on market and growth conditions. The District will continue to track new development activity to determine impact to schools and monitor conditions to reflect adjustments in this assumption. The six-year enrollment projection anticipates moderate enrollment growth from new development currently in some phase of planning or construction in the district. Information on new residential developments and the completion of these proposed developments in all jurisdictions may be considered in the District's future analysis of growth projections. Within practical limits, the District has kept abreast of proposed developments. The Kent School District serves six permitting jurisdictions, unincorporated King County, the cities of Kent, Covington, and Auburn. The west Lake Sawyer area has been annexed to the City of Black Diamond and Kent Learning Center is located in the small portion of the City of SeaTac served by Kent School District. (Continued) Kent School District Six-Year Capital Facilities Plan April 2002 Page 4 11 Six -Year Enrollment Projection (Continued) STUDENT GENERATION FACTOR "Student Factor' is defined by King County code as "the number derived by a school district to describe how many students of each grade span are expected to be generated by a dwelling unit' based on district records of average actual student generated rates for developments completed within the last five years Following these guidelines, the student generation factor for Kent School District is as follows- Single Family Elementary .504 Junior High .211 Senior High 183 Total 898 Multi-Family Elementary 273 Junior High 114 Senior High 076 Total 463 The student generation factor is based on a survey of 3,352 single family dwelling units and 2,262 multi-family dwelling units with no adjustment for occupancy. Please refer to Appendix E on Page 35 for details of the Student Generation Factor survey The actual number of students in those residential developments was determined using the District's Education Logistics (EDULOG) Transportation System. In 3,352 single family dwelling units there were 1,691 elementary students, 707 junior high students, and 612 senior high students for a total of 3,010 students. In 2,262 multi-family dwelling units, there were 617 elementary students, 257 junior high students, and 173 senior high students, for a total of 1,047 students. Kent school District Six-Year Capital Facilities Plan April 2002 Page 5 N O M (0 ? (0 leUJ M M N n c m p O O �- N N O W R Lr) O> �- N p a 04 N O) N N N N N N N N N N ml N O n m c 01 0 O I o m N CO N co Cl) a0 M O N 00 N M m o] N N O M O r M N m m O (Dcq N O O O O N O N O N r o m m N N N C6 m N N N N N N N N N N N 1p C n N m Q N O a = o m N N r m N N N N OOi. 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W m m m E LL m m m m m m m m m m m m r a `c m Y KENT SCHOOL DISTRICT No 415 SIX-YEAR FTE ENROLLMENT PROJECTION � P R 0 J E C T 1 0 N 2001 2002 2003 2004 2005 2006 2007 King County Live Births 21,573 21,646 22,212 21,929 22,487 22,235 22,310 ' Increase/Decrease -155 73 566 -283 558 -252 75 Kindergarten I Birth % ' 8 41% 8 32% 8 32% 8.32% 8 32% 8 32% 8 32% 2 Early Childhood Education® 5 65 70 71 72 73 74 75 "'Kindergarten FTE @ 5 907 900 942 929 951 940 942 Grade 1 1,935 1,953 1,896 1,983 1,955 1,999 1,975 Grade 2 2,067 1,923 1,984 1,926 2,012 1,983 2,026 Grade 3 2,040 2,069 1,967 2,028 1,968 2,054 2,024 Grade 4 2,166 2,121 2,177 2,070 2,132 2,069 2,157 Grade 5 2,110 2,168 2,180 2,236 2,126 2,188 2,123 Grade 6 2,251 2,135 2,221 2,232 2,288 2,176 2,247 Grade 7 2,123 2,326 2,227 2,315 2,326 2,383 2,266 Grade 8 2,152 2,082 2,308 2,209 2,295 2,305 2,360 Grade 9 5 2,244 2,377 2,322 Grade 9 5 2,572 2,461 2,555 2,566 Grade 10 2,064 2,119 2,251 2,198 2,432 2,327 2,414 Grade 11 1,835 1,815 1,910 2,027 1,979 2,188 2,092 Grade 12 1,439 1,485 1,537 1,616 1,714 1,672 1,847 Total FTE Enrollment 25,398 25,543 25,993 26,413 26,712 26,913 27,114 W.213 Yearly Increase 95 145 450 420 299 201 201 Yearly Increase% 0 39% 0 57% 1 76% . 1 62% 1 13% 0 75% 0 75% Cumulative Increase 197 342 792 1,212 1,511 1,712 1,913 Full Time Equivalent(FTE 25,398 25,543 1 25,993 1 26,413 T 26,712 26,913 1 27,114 ' Kindergarten protection based on King County actual live birth percentage and proportional growth from new construction 2 Kindergarten FTE enrollment projection at 5 is calculated by using the District's percentage of King County live births 5 years earlier compared to actual kindergarten enrollment in the previous year (Includes ECE Q 5-Early Childhood Ed) ' Kindergarten projection is at 5 FTE although many schools have Full Day Kindergarten at 10 FTE with alternative funding 4 Oct 2001 P223 Headcount is 26,377 Full student headcount including 129 Preschool 8 365 Running Start=26,683 5 Grade level reconfiguration In 2004,9th grade moves to the senor high schools G R O W T H P R O J E C T I O N S - Adjustments for current economic factors For facilities planning purposes,this six-year enrollment projection anticipates moderate enrollment growth from new development currently in some phase of planning or construction in the district Kent School District Six-Year Capital Facilities Plan Table 2 April 2002 Page 7 II I Current Kent School District "Standard of Service" In order to determine the capacity of the District's facilities, the King County Code refers to a "standard of service" that each school district must establish in order to ascertain its overall capacity. The standard of service Identifies the program year, the class size, the number of classrooms, students and programs of special need, and other factors determined by the District which would, in the District's judgment, best serve Its student population. This Plan includes the standard of service as established by Kent School District. The District has identified schools with significant special needs programs as "impact" schools and the standard of service targets a lower class size at those facilities. Relocatables included in the capacity calculation use the same standard of service as the permanent facilities. (see appendlxa, e & C) The standard of service defined herein may continue to change in the future. Kent School District is continuing a long-term strategic planning process combined with review of changes to capacity and standard of service adjustments to meet the requirements of Student Achievement Initiative 728 This process will affect various aspects of the District's "standard of service" and future changes will be reflected in future capital facilities plans. Current Standards of Service for Elementary Students Class size for grades K - 3 should not exceed an average of 20 students. Class size for grade 4 at impact schools should not exceed an average of 20 students. Class size for grade 4 at non-Impact schools should not exceed an average of 23 students. Class size for grades 5 - 6 should not exceed an average of 29 students Program capacity for regular education classrooms Is calculated at an average of 23 students per classroom because there are five grade levels at K - 4 and fluctuations between primary and intermediate grade levels (i e. third/fourth or fourth/fifth grade split classes, etc ). Many elementary schools now provide full day kindergarten programs with the second half of the day funded by grants or tuition. Students may have scheduled time in a special computer lab. Students may also be provided music instruction and physical education in a separate classroom or facility. Special Education for students with disabilities may be provided in a self- contained classroom with a capacity of 10-15 depending on the program. (continued) Kent School District Sic-Year Capital Facilities Plan April 2002 Page 8 I I I Current Kent School District "Standard of Service" (continued) Identified students will also be provided other educational opportunities in classrooms for programs designated as follows- English Language Learners (E L L) Self-contained Special Education Programs Integrated Programs & Resource Rooms (for special remedial assistance) Education for Disadvantaged Students (Title I) Gifted Education Other Remediation Programs Learning Assisted Program (LAP) School Adjustment Programs for severely behavior-disordered students Hearing Impaired Mild, Moderate and Severe Developmental Disabilities Developmental Kindergarten Early Childhood Education (ECE) (3-4 yr. old students with disabilities) Some of the above special programs require specialized classroom space, as well as music and physical education classrooms, computer labs, etc , thus, the permanent capacity of some of the buildings housing these programs Is reduced. Some students, for example, leave their regular classroom for a short period of time to receive instruction in these special programs and space must be allocated to serve these programs. Some newer buildings have been constructed to accommodate most of these programs; some older buildings have been modified, and in some circumstances, these modifications reduce the classroom capacity of the buildings When programs change, program capacity fluctuates and is updated annually to reflect the change in program and capacity Current Standards of Service for Secondary, Students The standards of service outlined below reflect only those programs and educational opportunities provided to secondary students which directly affect the capacity of the school buildings Reductions have been made in 7th and 10th grade English classes for Initiative 728 These standards are subject to change pending annual updates based on staff and public review for changes funded by Student Achievement Initiative 728. Class size for grades 7 - 9 should not exceed an average of 29 students Class size for 7th & 101h grade English class should not exceed an average of 25 students. Class size for grades 10 - 12 should not exceed an average of 31 students. Special Education for students with disabilities may be provided in a self- contained classroom with a capacity of 10-15 depending on the program. (continued) Kent School District Six-Year Capital Facilities Plan April 2002 Page 9 III Current Kent School District "Standard of Service" (continued) Identified students will also be provided other education opportunities in classrooms for programs designated as follows: Computer Labs English Language Learners (E L L) Integrated Programs & Resource Rooms (for special remedial assistance) Preschool and Daycare Honors (Gifted) and Advanced Placement Programs Basic Skills Programs Traffic Safety Education JROTC -Junior Reserve Officers Training Corps Variety of Career and Technical Education Programs (Vocational Education) i e Home & Family Life (Cooking, Sewing, Child Development, etc) Business Education (Keyboarding, Accounting, Business Law, Sales & Marketing, etc ) Woods, Metals, Welding, Electronics, Manufacturing Technology, Auto Shop, Commercial Foods, Commercial Art, Drafting & Drawing, Electronics, Careers, etc Many of these programs and others require specialized classroom space which can reduce the permanent capacity of the school buildings. In addition, an alternative home school assistance, choice and transition program is provided for students in grades K - 12 at Kent Learning Center Space or Classroom Utilization As a result of schedulingconflicts for student programs, the need for specialized P 9 rooms for certain programs, and the need for teachers to have a work space 0 during their planning periods, it is not possible to achieve 100/o utilization of regular teaching stations. Based on the analysis of actual utilization of classrooms, the District has concluded that the standard utilization rate is 85% for secondary schools. Program capacity at elementary schools has been adjusted from 95% utilization in the past to reflect 100% utilization at the elementary level. In the future, the District will continue close analysis of actual utilization. 1101 Kent School District Six-year Capital Facilities Plan April 2002 Page 10 I V Inventory and Capacity of Existing Schools Currently, the District has permanent program capacity to house 24,559 students based on the District's Standard of Service as set forth in Section I I I Included in this Plan is an inventory of the District's schools by type, address and current Capacity. (See Table 3 on Page 12) The program capacity is periodically updated for changes in programs and the addition of new schools. It also reflects the Student Achievement Initiative 728 reduction in class size from 22 1 to 20:1 in grades K - 3 and Grade 4 reductions of 20:1 at impact schools or 23 1 for non-impact schools The class size reduction received voter approval in the Educational Programs and Operations Levy as well as through funding from 1-728. The District will conduct annual public review and update class size recommendations in accordance with the requirements of Student Achievement Initiative 728. Kent Learning Center serves grades Kindergarten through 12 with transition, choice and home school assistance programs. It is located in the former Grandview School in the western part of the District in the city of SeaTac. This school was designed and is currently configured as an elementary school. Calculation of Elementary, Junior High and Senior High School capacities are set forth in Appendices A, B and C A map of existing schools is included on Page 13. Kent School District Six-Year Capital Facilities Plan April 2002 Page 11 KENT SCHOOL DISTRICT No.415 INVENTORY and CAPACITY of EXISTING SCHOOLS 2001-2002 year SCHOOL Opened A13R ADDRESS Program Capaclt ' Carriage Crest Elementary 1990 CC 18235-140th Avenue SE, Renton 98058 470 Cedar Valley Elementary 1971 CV 26500 Timberlane Way SE, Covington 98042 401 Covington Elementary 1961 CO 17070 SE Wax Road, Covington 98042 482 Crestwood Elementary 1980 CW 25225-180th Avenue_SE,_Covington 98042 _ 437 Daniel Elementary 1992 DE 11310 SE 248th Street. Kent 98031 426 East Hill Elementary 1953 EH 9825 S 240th Street. Kent 98031 406 Emerald Park 1999 EP 11800 SE 216th Street Kent 98031 460 Faawood Elementary _ _ _ 1969_ _FW 16_600-148th Avenue SE, Renton 98058 ___431__ Glenridge Elementary 1996 GR 19405-120th Avenue SE,Renton 98058 450 Grass Lake Elementary 1971 GL 28700-191st Place SE, Kent 98042 460 Horizon Elementary 1990 HE 27641-144th Avenue SE, Kent 98042 444 Jenkins Creek Elementary— _ 1987_ _JC_ _26915-186th_Avenue SE, Covington 98042 434 Kent Elementary 1999 KE 24700-64th Avenue South, Kent 98032 426 Lake Youngs Elementary 1965 Lv 19660-142nd Avenue SE, Kent 98042 539 Martin Sortun Elementary 1987 MS 12711 SE 248th Street Kent 98031 440 Meadow Ridge-Elementary- ___ 1994_ MR 27710•108th Avenue SE,Kent 98_031 418 Meridian Elementary 1939 ME 25621-140th Avenue SE Kent 98042 539 Millennium Elementary 2000 ML 11919 SE 270th Street Kent 98031 428 Neely-O'Brien Elementary 1990 NO 6300 South 236th Street, Kent 98032 403 Panther Lake Elementary 1938 __PL_ 20_831-108th Avenue SE, Kent 98031 Park Orchard Elementary 1963 PO 11010 SE 232nd Street, Kent 98031 460 Pine Tree Elementary 1967 PT 27825-118th Avenue SE, Kent 98031 483 Ridgewood Elementary 1987 RW 18030-162nd Place SE, Renton 98058 462 Sawyer Woods Elementary 1994__S_W 31135-228th Avenue SE,Kent 98042 _ 483 Scenic Hill Elementary 1960 SH 26025 Woodland Way South, Kent 98031 4D6 Soos Creek Elementary 1971 SC 12651 SE 218Ih Place, Kent 98031 444 Spnngbrook Elementary 1969 SB 20035-100th Avenue SE, Kent 98031 416 Sunrise Elementary 1992 SR 22300.132nd Avenue SE, Kara 98042 506 Elementary TOTAL 12 528 Cedar Heights Junior High 1993 CH 19640 SE 272 Street,Covington 98042 949 Kent Junior High 1952 KJ 620 North Central Avenue, Kent 98032 816 Mattson Junior High 1981 MA 16400 SE 251st Street, Covington 98042 808 Meeker Junior High 1970 MK 12600 SE 192nd Street Renton 98058 890 Meridian Junior High 1958 MJ 23480-120th Avenue SE, Kent 98031 747 Northwood Junior High 1996 NW 17007 SE 184th Street, Renton 98058 944 Sequoia Junior High 1966 SJ 11 DDO SE 264th Street, Kent 98031 830 Junior High TOTAL 5,964 Kent-Mendian Senior High 1951 KM 10020 SE 256th Street, Kent 98031 1 417 Kenllake Senior High School 1997 KL 21401 SE 300th Street Kent 98042 1,622 Kentridge Senior High 1968 KR 12430 SE 208th Street, Kent 98031 1 301 Kentwood Senior High 1981 KW 25800-164th Avenue SE, Covington 98042 1 291 Senior High TOTAL 5,631 Kent Learning Center(Grandview)2 1965 LC 22420 Military Road, Des Movies 98198 416 DISTRICT TOTAL 24,559 ' Changes to capacity reflect program changes and continued reduction in K-3 class sae for 1-728 2 Kent Learning Center serves grades K-12 The building was formerly knovm as Grandview Elementary Kent School District Six-Year Capital Facilities Plan Table 3 April 2D02 Page 12 LO 111— z o U c o m0 EDo O > M °• to '0 „� Q to O .Y o 3 f 0 daow � Uu Y _ o •- � p 0 00 Q m a y8 im Q C m o °� �W s O •1 CI V V V �n O U 0 r o cra c U a m to U• W 0 o f vo i Ld V • N L U� yv0 pp c c Omm L • vUE � o w 0 = m y �> • c oc `ct •W _o > •y a �a $ a m c• 31 m v! 35 and Wi9l cam of c a o c Q.O cw Zi 0 6O in O,yyQ�yC �C O 5 p0 >N C0 0 E mE Dc °G aw c ' E. ' • o mC c fm •`o 3S end ul0il cm •w �E W �E m �6 mcrn N • � iW Y gC v= 35 and PuZL I N E �° m°o dP B c jO D Dr Um• Dx •c g cy ao rp •� '• o Ccm o� yE f .. o,o Cr >ov f, odd ac �w o'> E ut vl N 0 •pm Yi a°o$w •� 2992 •E0 • co W O O O L ry Urw 0, EC L •1S ?2 DE n E- � • 5 mC •aab 20 N N LJ w W YYY c E w' T.c t pl 35 end 4IROi •Q� h Qw N O_1 M C 0 o> c cGb 35 end wb0l E C 00 mm _r C0�0• N aJ L L Lc• iE �0• yL�c > E O O ro pv �w OJ C G S thw m i� m W 1 N C w V WW 00 r\ 'T W Y, N Y cD • and IM4UBJ C � S Z Aa W biN A8110A lsaM d• NO _ m8 Yc L_ Om m T NE m C V1 Zw O� osc K ^ m U •J S alolpalp� Kent School District Six-Year Capital Facilities Plan April 2002 Page 13 V Six-Year Planning and Construction Plan At the time of preparation of this Plan in spring of 2002, the following projects are completed or in the planning phase in the District • Junior High #8 was previously planned to fill future needs for grades 7 through 9 The plan did not receive voter approval and was changed to add new capacity at the senior high schools and move 91h grade students to the high schools The Board authorized purchase of a site for Junior High#8 east of 124th Avenue SE at SE 286'h Street That site was determined not to be feasible and the property is for sale. • Construction funding for additions to three high schools received voter approval These additions will add capacity for 1,923 students. Construction is expected to be complete by Fall of 2004 • The Board authorized grade level reconfiguration to move 9t' grade students to the high schools and serve 7'h and a grade students at the junior highs Reconfiguration will provide additional capacity at junior high schools Implementation is expected for 2004 • A site was purchased at 15435 SE 2561h Street in Covington, and remains a part of the site bank for future schools Other potential future sites and facilities are listed in Table 4 and shown on the site map on page 17 • Some funding is secured for purchase of additional portables and some funding may be provided by impact fees as needed The sites have not been determined. Elementary schools have a capacity planned for approximately 540 students, depending on placement of special programs Junior highs are planned for a program capacity of approximately 1,065 students and Kentlake High School (#4) has a current program capacity of 1,622. Additions at high schools will provide capacity for 1,923 students. County and city planners, decision-makers and school districts are encouraged to consider safe walking conditions for all students when reviewing applications and design plans for new roads and developments This should include sidewalks for pedestrian safety, pull-outs and turn-arounds for school buses Included in this Plan is an inventory of potential projects and sites identified by the District which are potentially acceptable site alternatives in the future, (see Table 4) The voter approved bond issue for $105 4 million in 1990 and $130 million in 1994 included funding for the purchase of eleven sites for some of these and future schools, and the sites acquired to date are included in this Plan Some funding is secured for purchase of additional sites but some may be funded with impact fees as needed Not all undeveloped properties meet current school construction requirements and some property may be traded or sold to meet future facility needs 2002 voter approval of $69 5 million bond issue for capital improvement included construction funding for additions to three high schools which are scheduled to be completed in 2004 Student Achievement Initiative 728 funds are being utilized to reduce class size and provide extended learning opportunities. Based on community input, the Board will continue annual review of standard of service and those decisions will be reflected in the each update of the Capital Facilities Plan. Kent School District Six-Year Capital Facilities Plan April 2002 Page 14 KENT SCHOOL DISTRICT No. 415 Site Acquisitions and Projects Planned to Provide Additional Capacity Projected I Projected %for SCHOOL it / SITE LOCATION e T StatusComplebon Program new Date CapaGty Growth npproorrete Approcnrete ELEMENTARY (Numbers assigned to future schools may not correlate with number of existing schools) Elementary#31 (Unfunded)' To be determined 2 New Planning TBD 2 540 75% JUNIOR HIGH Grade Level Reconfiguration will Move 9th grade to High School Program Planning 2004 provide additional capacity at Junior High schools SENIOR HIGH Classroom additions at Kent-Meridian Additions Planning 2004 26 100% , 3 high schools and move Kentndge Additions Planning 2004 1,001 100% 9th Grade to high school Kentwood Additions Planning 2004 896 100% Additional TEMPORARY FACILITIES Capacity Relocatables For placement as needed New Planning 2002+ 23-31 each 100% SUPPORT FACILITIES Bus Facility (Unfunded) To be determined 2 New Planning TBD 2 N/A x on Land Use tvtap ' OTHER SITES ACQUIRED Type Junsd�cbon 4 Covington area (Near Mattson JH) SE 251 & 164 SE, Covington 98042 Elementary City of Covington 7 Covington area (Scarsella) SE 290& 156 SE. Kent 98042 Elementary King County 5 Covington area West(Halleson) 15435 SE 256 Street, Covington 98042 TBD 2 City of Covington 3 Ham Lake area (Pollard) 16820 SE 240, Kent 98042 Elementary King County 8 SE of Lake Morton area (West) SE 332&204 SE, Kent 98042 Junior High King County 2 Shady Lake area (Sowers,etc) 17426 SE 192 Street, Renton 98058 Elementary King County 1 So King Cc Activity Center(Nike site) SE 167& 170 SE, Renton 98058 TBD 2 King County 12 Former Jr Hi#8 site(Plemmons-Yeh-Wr SE 286th Street& 124th Ave-SE,Kent Site was determined to be"unbuildable"for a junior high and property is now for sale Notes ' Unfunded facility needs will be reviewed in the future 2 TBD-To be determined-Some sites are acquired but placement, timing and/or configuration have not been determined 3 Numbers correspond to sites on Map on Page 16 Other site locations are parcels identified in Table 7 on Page 26 Kent School District Six-Year Capital Facilities Plan Table 4 April 2002 Page 15 _LO � C Z C� CM £| : � a 0_ Q D Z7, / z-tie I § # & ` E �® « \ u � `; \ - \ � ( \ . . r \ z ® ) \ E - , \ 3 � 7 % ` o / / k � E \® / � \ §) , \ a -m R 4 � ® ) g _ e , ) / \ ! � a = .\ ` : . ' > /, \. � / 6 j E _ ,\ 9 I2 / /\ ' t ) � / . } \' ` | ' % ` �/ 2 m , w, ~ . y 2 « ® o \. /_ ! //- }©` ( / \ �r !cc ~ ,` * § /{ � � ' k � \ z A�. . __, a 2 , / E \ x �2 \ � :� ^ ,840,,,Ui Kent School District Six-Year Capital FacilitiesPlan April 2002 Page 16 V I Relocatable Classrooms For the purpose of clarification, the term "portables" and the more descriptively accurate term, "relocatables" are used interchangeably in this Plan The Plan also references use of portables or relocatables as Interim or transitional capacity/facilities. Currently, the District utilizes 158 total relocatables. Of this total, 74 are utilized to house students in excess of permanent capacity, 78 are used for program purposes at school locations, and six for other purposes. (see Appendices A C D) Based on enrollment projections, program capacity and funded permanent facilities, the District anticipates the need to purchase some additional relocatables during the next six-year period. During the time period covered by this Plan, the District does not anticipate that all of the District's relocatables will be replaced by permanent facilities. During the useful life of some of the relocatables, the school-age population may decline in some communities and increase in others, and these relocatables provide the flexibility to accommodate the immediate needs of the community. . Portables, or relocatables, may be used as interim or transitional facilities: 1. To prevent overbuilding or overcrowding of permanent school facilities 2. To cover the gap between the time of demand for increased capacity and completion of permanent school facilities to meet that demand. 3. To meet unique program requirements. Portables, or relocatables, currently in use will be evaluated resulting in some being improved and some replaced Quality concerns will be among those addressed by the next Citizens' Facilities Planning Committee in review of capital facilities needs for the next bond issue. The Plan projects that the District will use relocatables to accommodate interim housing needs for the next six years and beyond. The use of relocatables, their impacts on permanent facilities, life cycle and operational costs, and the interrelationship between relocatables, emerging technologies and educational restructuring will continue to be be examined. Kent School District Six-Year Capital Facilities Plan April 2002 Page 17 V I I Projected Six-Year Classroom Capacity As stated in Section I V, the program capacity study is periodically updated for changes in special programs and reflects class size reduction in Grades K - 4. As shown in the Inventory and Capacity chart in Table 3 on Page 12, the program capacity is also reflected in the capacity and enrollment comparison charts. (See Tables 5&SA-B-Con pages 19-22) Enrollment is reported to OSPI on Form P-223 on a monthly basis and funding apportionment is based on Annual Average FTE (AAFTE). The first school day of October is set by OSPI as the enrollment count date for the year. Full Time Equivalent (FTE) student enrollment for October 1, 2001 was 25,332.98 with kindergarten students counted at .5 and excluding Early Childhood Education students (ECE - preschool special education) and College- only Running Start students (see Tables 565A-B-Conpages19-22) Kent School District continues to be the fourth largest district in the state of Washington. P223 Headcount for October 1, 2001 was 26,377 with kindergarten students counted at 1.0 and excluding ECE and college-only Running Start students. A headcount of all students enrolled on October 1, 2001 totals 26,683 which includes ECE and college-only Running Start students. Based on the enrollment forecasts, current inventory and capacity, current standard of service, relocatable capacity, and future planned classroom space, the District anticipates having sufficient capacity to house students over the next six years. (See Table 5 and Tables 5 A-B-C on Pages 19-22) This does not mean that some schools will not experience overcrowding. There may be significant need for additional portables and/or new schools to accommodate growth within the District and class size reduction mandated under Student Achievement Initiative 728 Some schools, by design, may be opened with relocatables on site. Boundary changes, limited movement of relocatables, zoning changes, market conditions, and educational restructuring will all play a major role in addressing overcrowding and underutilization of facilities in different parts of the District. Kent School District Six-Year Capital Facilities Plan April 2002 Page 18 KENT SCHOOL DISTRICT No. 41a PROJECTED ENROLLMENT and CAPACITY • SENIOR HIGH SCHOOL YEAR 2001-2002 2002-2003 1 2003-2004 1 2004-2005 1 2005-2006 2006-2007 1 2007.2008 Actual P R O J E C T E D Senior High Permanent Program Capacity 5,631 5,631 5,631 5,631 7,554 7,554 7,554 New Permanent Senior High Construction Additions at three high schools 1,923 Grade level reconfiguration-9th grade to move to high schools in 2004 Subtotal 5,631 5,631 5,631 7,554 7,554 7,554 7,554 Relocatable Capacity Required ' 0 0 93 868 1,054 1,209 1,395 TOTAL CAPACITY ' 5,631 5,631 5,724 8,422 8,608 8,763 8,949 FTE ENROLLMENT/PROJECTION s 83 5,338 5,419 5,698 8,413 8,586 8,742 8 919 SURPLUS (DEFICITI CAPACITY 293 212 26 9 22 21 30 Number of Relocatables Required 0 0 3 28 34 39 45 ' Capacity is based on standard of service for program capacity and updated periodically to reflect program changes z FTE =Approximate Full Time Equivalent Enrollment, excluding full time Running Start students Approximately 150 Junior High students are served all or part of the day at high schools 3 Grade level reconfiguration- 9th grade will move to the high schools in 2004 Kent School District Six-Year Capital Facilities Plan Table 5 C April 2002 Page 19 KENT SCHOOL DISTRICT No. 41a PROJECTED ENROLLMENT and CAPACITY JUNIOR HIGH 3 SCHOOL YEAR 1 2001-20oz 2002-2003 2003-2004 20D4-200s 2005-2006 2006-2007 2007-2008 Actual I P R O J E C T E D Junior High Permanent Program Capacity 5,984 5,984 5,984 5,984 5,984 5,984 5,984 New Capacity from Grade Reconfiguration Grade level reconfiguration - 9th grade to move to high schools in 2004 Subtotal 5,984 5,984 5,984 5,984 5,984 5,984 5,984 Relocatable Capaat Required t 551 812 899 0 0 0 0 TOTAL CAPACITY t83 6,535 6,796 6,883 5,984 5,984 5,984 5,984 FTE ENROLLMENT/PROJECTION 2 6,519 6,785 6,857 4,524 4,621 4,688 4,626 SURPLUS (DEFICIT)CAPACITY 16 11 26 1,460 1,363 1,296 1,358 Number of Relocatables Required 19 28 31 0 0 0 0 Capacity is based on standard of service for program capacity and updated periodically to reflect program changes 2 FTE =Approximate Full Time Equivalent Enrollment/ Protection Approximately 150+ 9th grade students are served at high schools. 3 Grade level reconfiguration -9th grade will move to the high schools in 2004 Kent School District Six-Year Capital Facilities Plan Table 5 B April 2002 Page 20 KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY ELEMENTARY SCHOOL YEAR 2001-2002 2002-2003 2003-2004 2004-2005 1 2005-2006 2006-2007 1 2007-2008 Actual P R O J E C T E D Elementary Permanent Program Capacity 12,528 12,944 12,944 12,944 12,944 12,944 12,944 Kent Leaming Center-Special Program' 416 New Permanent Elementary Construction Elementary#31 (Unfunded)° 540 subtotal 12,944 12,944 12,944 12,944 12,944 12,944 13,484 Relocatable CapacityRequired z 598 414 506 552 575 552 92 TOTAL CAPACITY 2 13,542 13,358 13,450 13,496 13,519 13,496 13,576 FTE ENROLLMENT/PROJECTION 3 13,541 13,339 13,438 13,476 13,505 13,483 13,569 SURPLUS (DEFICIT) CAPACITY 1 19 12 20 14 13 7 Number of Relocatables Required 26 18 22 24 25 24 4 Kent Learning Center is a special program at Grandview School serving students in Grades K- 12 The school was designed and is currently configured as an elementary school 2 Capacity is based on standard of service for program capacity and is updated periodically to reflect program changes 3 FTE =Approximate Full Time Equivalent Enrollment or Projection (ECE & Kindergarten @ 5) . ° Unfunded facility needs are pending review Kent School District Six-Year Capital Facilities Plan Table 5 A April 2002 Page 21 KENT SCHOOL DISTRICT No. 410 PROJECTED ENROLLMENT and CAPACITY TOTAL DISTRICT SCHOOL YEAR 2001-2002 2002-2003 1 2003-2004 1 2004-2005 1 2005-2006 2006-2007 1 2007-2008 Actual P R O J E C T E D Permanent Program Capacity 17 24,559 24,559 24,559 24,559 26,482 26,482 26,482 New Permanent Construction ' Grade level reconfiguration - 9th grade to move to high schools in 2004 Additions to Senior High schools 1,923 Elementary#31 (Unfunded)5 540 Permanent Program Capacity Subtotal 24,559 24,559 24,559 26,482 26,482 26,482 27,022 Interim Relocatable Ca aclt Elementary Relocatable Capaoiy Required 598 414 506 552 575 552 92 Junior High Relocatable Capacity Required 551 812 899 0 0 0 0 Senior High Relocatable Capacity Required 0 0 93 868 1,054 1,209 1,395 Total Relocatable Capacity Required" 1,149 1,226 1,498 1,420 1,629 1,761 1,487 TOTAL CAPACITY ' 25,708 25,785 26,057 27,902 28,111 28,243 28,509 2 & TOTAL FTE ENROLLMENT/PROJECTIO3 25,398 25,543 25,993 26,413 26,712 26,913 27,114 DISTRICT AVAILABLE CAPACITY 310 242 64 1,489 1,399 1,330 17395 ' Capacity is based on standard of service for program capacity and updated periodically to reflect program changes. 2 FTE = Full Time Equivalent Enrollment (ie ECE Preschool Handicapped & 112 day Kindergarten student= 5). 3 In 2004,9th grade will move to the high schools and result in increased capacity at Junior High level 2001-2002 total classroom relocatable capacity is 2,051 5 Unfunded facility needs are pending review Kent School District Six-Year Capital Facilities Plan Table 5 April 2002 Page 22 V I I I Finance Plan The finance plan shown on Table 6 demonstrates how the Kent School District plans to finance Improvements for the years 2002 - 2003 through 2007 - 2008 The financing components Include secured and unsecured funding and Impact fees. The plan is based on voter approval of future bond Issues, collection of Impact fees under the State Growth Management Act and voluntary mitigation fees paid pursuant to State Environmental Policy Act. Kent Elementary #27a, which opened In January 1999 as a replacement for the original Kent Elementary School, was the last school for which the District received state matching funds under the current state funding formula. The District anticipates receiving state matching funds for the senior high school additions. Millennium Elementary #30 which opened In the fall of 2000 was the last elementary school that has received funding approval from voters Voters approved a $69.5 million bond Issue for Capital Construction and Improvements in February 2002 This will fund building additions at three high schools which will coincide with moving 9th grade to the senior high in 2004. Some funding is secured for additional portables and some will be funded from impact fees Unfunded facility needs will be reviewed in the future. For the Six-Year Finance Plan, costs of future schools are based on estimates from Kent School District Facilities Department. Please see page 25 for a summary of the cost basis. Kent School District six-Year Capital Facilities Plan April 2002 Page 23 ; ƒ - � j \ } } } ! , . ( ! cNi \ ) } 2 H12 cli { } « ® e b � vi � z cli CD 0 � ƒ - _ � d \ toCD w � { § rCi 04 \ Ct § ! _ t / m N 0 ' - %Cl) ri # k _/ ! o \ / § E ! k 2 7 t 0 | , r ! E /} ! § I \}G m? E « j @ ' 2 ' 0 - ! 2 Y \ _ f 2 ! \ | k 5 k \ \ \ { co _ _ ■ • ~ ` V I I I Finance Plan - Cost Basis Summary For impact fee calculations, construction costs are based on cost of the last elementary school, with 5% Inflation factor, and the projected construction cost of the additions to three high schools Elementary School Cost Projected Cost Millennium Elements #30-open 2000 $12,182,768 Current cost of Elementary#31 $13,431,501 with 5% Inflation Projected cost of Elementary 431 in 2007 $17,142,378 with 5% Inflation Senior High Schools Protected Cost Total Addition to Kent-Meridian $260,000 Addition to Kentrtd a $10,400,000 Addition to Kentwood $9,600,000 Projected construction cost of $20,260,000 additions to 3 High Schools The site acquisition cost Is based on an average cost of sites purchased or built on within the last ten years. Please see Table 7 on page 26 for a list of site acquisition costs and averages. The Impact fee calculations on pages 28 and 29 include a "District Adjustment" which is equal to the amount of increase that the Impact fee formulas drive out for this year and adjusted for increase In the Consumer Price Index. The reasons for this adjustment Include: 1) the district's long-term commitment to keep impact fee increases as minimal as possible, and 2) our community's overwhelming support of Initiative 695. Kent School District Six-Year Capital Facilities Plan April 2002 Page 25 N m d y m Q y m d� w0 O w N N N Y e r W e Q N Q ti m to n m N N N W e e m m e m m O m N m m N O N O) N N n m n V m_ O Nm O m W N m N m O t0 om O R N m M O m m to N O m !D m N _ m cl m n P m N e 0M N N M N O N N tH t9 to to N� ui b9 to M — f9 to mw t9 Ni t9 t9 Q _M a N N n M r m M m M m e M a N YN a m m O m N O O M W m O r n t9 OJ i O Ih 07 i N0, W, n r � N � N . lV O) m M^ m 0 n N m O �O M O M M O M e U N to e N O N n< M m N M m m W 6O M m n t9 to IA N t!9 b9 to fA ✓3 bi t9 Vi V 69 0 FA 06 t9 to 19 M to Ni Vi V! Vf l9 N A d m 0 O O O O M O e O O to 7 Om O V n O m O M M Y m O O O m 0 N m � n O n _ co r Q M V M R M � e� N A �? m ip P p Z d V o rn m w m o 0 0 0 rn a W of o m G c Y m m m A m rn >O W a m > > m Y d N c m N7 m y N Y Y 0: c U c c Y U U K y Y Y gi N O W x N Q W W W Y y y W Y W Q O of N > > > W N r p P g ro J to N a a a Q N N N 0 N N V N W 17 N d W W O N N P W W ep W W W W W N W W O (n (q N t0 (A (O N (n fn 4n U1 N P !O N O QL _O O O N N O O W N O IO pOj N O n N M � n O tm0 U a N N h N N P m W N y � a y= y O W fA m Q N 7 o: O 7 > j m o a Y o d = w t o e s 0 v_ E @ y1 9 O M U O O! m O 0 c Y U Y r = m N. d L n 3 E y m = c cc T _ai E m m $ m m o m W W ry d d c adi U c m m Q O tit m C d E N O J w Y L = w a c m E yO v W E O W D ; ' QQ = co o t ?5Nryy� od E j � U2 r >' o i U H mEw mm6o Wm m A 22 m £ w c U N O N Y d O O (Q d d d N O Q� V1 U' Y W f fA tQ (n co fn U Z Y U1 Y w n r @ w x x � m o 41 -�i Vi 2 t O N c m Y KENT SCHOOL DISTRICT FACTORS FOR ESTIMATED IMPACT FEE CALCULATIONS . Student Generation Factors -Single Family Student Generation Factors - Multi-Family Elementary 0 504 Elementary 0 273 Junior High 0 211 Junior High 0 114 Senior High 0 183 Senior High 0 076 Total 0 898 Total 0 463 Projected Student Capacity SPI Square Footage per Student Elementary 540 Elementary 80 Junior High 1,065 Junior High 11333 Senior High 1,923 Senior High 120 Required Site Acreage per Facility Average Site Cost/Acre Elementary (required) 11 Elementary $72,017 Junior High (required) 21 Junior High $0 Senior High (required) 27 Senior High $0 New Facility Construction Cost Temporary Facility Capacity & Cost Elementary $13,431,501 Elementary @ 23 $88,525 Junior High $0 Junior High @ 29 $88,525 Senior High $20,260,000 Senior High @ 31 $88,525 See calculations on Pg 25 Temporary Facility Square Footage State Match Credit Elementary 86,956 Current State Match Percentage 54 19% Junior High 26,280 for Senior High Additions Senior High 21,736 Total 4% 134,972 Boeckh Index -Cost I Sq. Ft. Current Boeckh Index $110 32 Permanent Facility Square Footage Elementary 1,455,606 Junior High 753,079 District Average Assessed Value Senior High 800,882 Single Family Residence $205,665 Total 96% 3,009,567 Total Facilities Square Footage District Average Assessed Value Elementary 1,542,562 Multi-Family Residence $61,255 Junior High 779,359 Senior High 822,618 Total 3,144,539 Capital Levy Tax Rate/$1,000 Current /$1,000 Tax Rate $2 10 Developer Provided Sites/ Facilities . Value 0 General Obligation Bond Interest Rate Dwelling Units 0 Current Bond Interest Rate 5 19% Kent School District Six-Year Capital Facilities Plan Aril p 2002 Page 27 KENT SCHOOL DISTRICT IMPACT FEE CALCULATION for SINGLE FAMILY RESIDENCE Site Acquisition Cost per Single Family Residence . Formula ((Acres x Cost per Acre)/Facility Capacity)x Student Generation Factor Required Site Acreage I Average Site Cost/Acre I Facility Capacity I Student Factor A 1 (Elementary) 11 $72,017 540 0 504 $739 37 A 2 (Junior High) 21 $0 1,065 0 211 $0 A 3 (Senior High) 27 $0 1,923 0 163 $0 0 898 A—> $73937 Permanent Facility Construction Cost per Single Family Residence Formula* ((Facility Cost/Facility Capacity)x Student Factor)x(Permanent/Total Square Footage Ratio) Construction Cost Facility Capacity Student Factor I Footage Ratio B 1 (Elementary) $13.431.501 540 0 504 096 $12,034 62 B 2 (Junior High) $0 1,065 0 211 096 $0 B 3 (Senior High) $20,260,000 1,923 0 183 096 $1,850 90 0 898 B--> $13,885 52 Temporary Facility Cost per Single Family Residence Formula ((Facility Cost/Facility Capacity)x Student Factor)x(Temporary/Total Square Footage Ratio) Faaldy Cost Facility Capacity Student Factor I Footage Ratio C 1 (Elementary) $88,525 23 0 504 004 $77 59 C 2 (Junior High) $88,525 29 0 211 004 $25 76 C 3 (Senior High) $88,525 31 0 183 004 $20 90 0 898 C—> $124 26 State Match Credit per Single Family Residence Formula Boeckh Index x SPI Square Ft /student x District Match% x Student Factor Boeckh CosVSq Ft SPI Sq Ft /Student I District Match% Student Factor D 1 (Elementary) $110 32 80 0 0 504 $0 D 2 (Junior High) $110 32 11333 0 0 211 $0 D 3 (Senior High) $110 32 120 05419 0 183 $1,312 82 D—> $1,31282 Tax Credit per Single Family Residence Average SF Residential Assessed Value $205.665 Current Capital Levy Rate 1$1,000 $2 10 Current Bond Interest Rate 5 19% Years Amortized (10 Years) 10 TC—> $3,302 68 Developer Provided Facility Credit Facility I Site Value Dwelling Units 0 0 FC—> 0 Fee Recap A = Site Acquisition per SF Residence $739 37 B = Permanent Facility Cost per Residence $13,885 52 C = Temporary Facility Cost per Residence $124 26 Subtotal $14,749 16 D = State Match Credit per Residence $1,312 82 TC=Tax Credit per Residence $3,302 68 Subtotal - $4,615 51 Total Unfunded Need $10,133 65 Developer Fee Obligation $5,066 83 FC=Facility Credit(if applicable) 0 District Adjustment (See Page 25 for explanaton) ($919 83) Net Fee Obligation per Single Family Residence $4,147 00 Kent School District Six-Year Capital Facilities Plan April 2002 Page 28 KENT SCHOOL DISTRICT IMPACT FEE CALCULATION for MULTI-FAMILY RESIDENCE Site Acquisition Cost per Multi-Family Residence Unit Formula ((Acres x Cost per Acre)/Facility Capacity)x Student Generation Factor Required Site Acreage JAverage Site CDsVAcre I Facility Capacity I Student Fodor A t (Elementary) 11 $72.017 540 0 273 $400 49 A 2 (Junior High) 21 $0 1,065 0 114 $0 A 3 (Senior High) 27 $0 1,923 0 076 so 0 463 A—> $400 49 Permanent Facility Construction Cost per Multi-Family Residence Unit Formula ((Facility Cost/Facility Capacity)x Student Factor)x(Permanent/Total Square Footage Ratio) Construction Cost Faulity Capacity I Student Factor Footage Ratio B 1 (Elementary) $13,431,501 540 0273 096 $6,51876 B 2 (Junior High) $0 1,065 0 114 096 $0 B 3 (Senior High) $20,260,000 1,923 0 076 096 $768 68 0 463 8--> $7,287 43 Temporary Facility Cost per Multi-Family Residence Unit Formula ((Facility Cost/Facility Capacity)x Student Factor)x(Temporary/Total Square Footage Ratio) Facility Cost Facility Capacity I Student Factor I Footage Ratio C 1 (Elementary) $88,525 23 0 273 004 $42 03 C 2 (Junior High) $88,525 29 0 114 004 $13 92 C 3 (Senior High) $88,525 31 0 076 004 $8 68 0 463 C—> $64 63 State Match Credit per Multi-Family Residence Unit Formula Boeckh Index x SPI Square Ft /student x District Match% x Student Factor Boeckh CosUSq Ft SPI Sq Ft /Student District Match% Student Factor D 1 (Elementary) $110 32 80 0 0 273 $0 D 2 (Junior High) $110 32 11333 0 0 114 $0 D 3 (Senior High) $110 32 120 05419 0 076 $545 22 D--> $545 22 Tax Credit per Multi-Family Residence Unit Average MF Residential Assessed Value $66,868 Current Capital Levy Rate/$1,000 $2 10 Current Bond Interest Rate 5 19% Years Amortized (10 Years) 10 TC--> $1,073 80 Developer Provided Facility Credit Facility/Site Value Dwelling Units 0 0 FC—> 0 Fee Recap A = Site Acquisition per Multi-Family Unit $400 49 B = Permanent Facility Cost per MF Unit $7,287 43 C = Temporary Facility Cost per MF Unit $64 63 Subtotal $7,752 56 D = State Match Credit per MF Unit $545 22 TC=Tax Credit per MF Unit $1,073 60 Subtotal - $1,61902 Total Unfunded Need $6,133 54 Developer Fee Obligation $3,066 77 FC=Facility Credit(it applicable) 0 District Adjustment (See Page 25 for explanation) ($512 77) Net Fee Obligation per Multi-Family Residence Unit $2,554 00 Kent School District Six-Year Capital Facilities Plan April 2002 Page 29 IX Summary of Changes to April 2001 Capital Facilities Plan The Capital Facilities Plan (the "Plan") is updated annually based on previous Plans in effect since 1993. The primary changes from the April 2001 Plan are summarized here Millennium Elementary #30 opened in August, 2000. Property for Junior High #8 was determined not feasible and is still for sale. An additional site (Halleson) was purchased in the city of Covington and is included in this Plan. Voters approved funding for additions at three high schools to accommodate new growth, moving 9th grade to senior highs, which will provide additional capacity for grade 7-8 at junior high schools in 2004 Changes to capacity continue to reflect reduction in class size for grades K - 4 as well as program changes Further reduction in class size for Student Achievement Initiative 728 is reflected in this update Changes in portables or transitional capacity reflect purchase, sale, surplus and/or movement of portables between facilities Student enrollment forecast is updated annually Permanent facility costs are based on schools built most recently with adjustment for 5% inflation rate. The district expects to receive state matching funds for projects in this Plan and tax credit factors are updated annually. Unfunded facility needs will be reviewed in the future. Impact fee calculations include a 'District Adjustment" which is equal to the amount of increase from impact fee formulas and adjusted for increase in the Consumer Price Index See page 25 for further explanation. The biennial student generation factor survey was updated last year to reflect changes Changes reflected no adjustment for occupancy Survey data is included as Appendix E. Changes to Impact Fee Calculation Factors include ITEM Grade/Type FROM TO Comments Student Generation Factor Elem 0 504 0 504 No change Single Family (SF) Jr 0211 0211 Updated in 2001 Plan Sr 0183 0183 Total 0 898 0 898 Student Generation Factor Elem 0273 0273 No change Multi-Family(MF) Jr 0114 0 114 Updated in 2001 Plan Sr 0 076 0 076 Total 0 463 0 463 State Match Credit 0% 54 19% 1"change since 1999 Plan Boeckh Index (Cost per square foot) $103 34 $110 32 Per SPI Average Assessed Valuation (AV) SF $192,198 $205,665 Per Puget sound ESD AV -Average of Condominiums &Apts MF $61,255 $66,868 Per Puget Sound ESD Debt Service Capital Levy Rate/ $1000 $2 32 $2 10 Per King County Assessor General Obligation Bond Interest Rate 507% 519% Market Rate Impact Fee-Single Family SF $3,782 $4,147 Change to fee Impact Fee-Multi-Family MF $2,329 $2,554 Change to fee Kent School District Six-Year Capital Facilities Plan April 2002 Page 30 x Appendixes Appendix A: Calculations of Capacities for Elementary Schools Appendix B: Calculations of Capacities for Junior High Schools Appendix C: Calculations of Capacities for Senior High Schools Appendix D: Use of Relocatables Appendix E: Student Generation Factor Survey • Kent School District Six-Year Capital Facilities Plan Apnl 2002 Page 31 0 F E $o ui 0 p J N x EL y < O N N NNp ip < h O N N Q J o _ W w E d O z m a Z LL W Z N a w W�Z ROry aLLW aQ+ Y orp rOAA oNMN mOA o E OdOt 0rd 0NA 0Ad 0W Oe o1r0 ONN oNr m oaNt 0mO 01O'1 mNl DN�p y 0 r dN o0 Cts m C O W e N e d t'1 d N d N d d d d N d d 10 d N d N 10 O O O O d N �'j O C m pU o c Q a A rn LD u m q q m t0 ry Q✓ (C m) m m d N N V N N 9 a 6 N O o O d O O N O e O o e d O O O N N N V O O N N O N N N Y m m a a 1~i g a a J c S d b q O O O N O e N O N O O N N O O O N N E ppO O WU rc V m J m o a E is N 3 m LL N N N L� J Y4 fD C m N Z O rc $ N @J F W n m N Q K w S q ts pp oo ��pp d S m OI (gyp O m N O N N b p d N N < m^ O N d d N O m N e e a d ME- 0 ¢ m v O p O m p m m N (- C d O a N a (y R � O w 5 EE _ p QeLl o Q IUq ? 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F, g o u u OW U tt K U w mG as _ R m d m U p m O y e rt m u `m ; w ' dw" E E N m m p 0 m E m o o G0' m o m p� O1 U V W W LL LL LL S S W # W m m m m .M- ry o m ^ m m �2 �2 m O `O6 U N C m Y Federal Way School District No. 210 2002/03 Capital Facilities Plan ® R ECEI VED Building for the 21 " Century FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN BOARD OF EDUCATION Ed Barney Charles Hoff Bob Millen Don Putman Earl VanDonen SUPERINTENDENT Thomas R Murphy FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN TABLE OF CONTENTS TABLE OF CONTENTS it INTRODUCTION iii-v SECTION I THE CAPITAL FACILITIES PLAN Introduction 1 Inventory of Educational Facilities 2 Inventory of Non-Instructional Facilities 3 Needs Forecast-Existing Facilities 4 Needs Forecast-New Facilities 5 Six Year Finance Plan 6 SECTION 2 MAPS OF DISTRICT BOUNDARIES Introduction 7 Map -Elementary Boundanes 8 Map -Junior High Boundaries 9 Map- Senior high Boundaries 10 SECTION 3 SUPPORT DOCUMENTATION Introduction I Building Capacities 12-13 Portable Locations 14-15 Student Forecast 16-18 Capacity Summaries 19-23 King County Impact Fee Calculations 24-26 SECTION 4 SUMMARY OF CHANGES FROM THE 2001/02 PLAN 27-29 ii FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN INTRODUCTION In response to the requirements of the State of Washington Growth Management Act (SHB 2929 (1990) and FSHB 1025 (1991)), and under the School Impact Fee Ordinances of King County Code 21A, City of Federal Way Ordinance No. 95-249 effective December 21, 1995 as amended, and the City of Kent Ordinance No 3260 effective March 1996, Federal Way Public Schools has updated its 2001/02 Capital Facilities Plan as of June 2002 This Plan has been adopted by King County, the City of Kent and the City of Federal Way and is incorporated in the Comprehensive Plans of each jurisdiction by reference This plan is also included in the Facilities Plan element of the Comprehensive Plans of each jurisdiction To date, the City of Des Moines has not adopted a school impact fee ordinance. The Growth Management Act requires the County to designate Urban Growth areas within which urban growth can be encouraged. The Growth Management Planning Council adopted and recommended to the King County Council four Urban Growth Area Line Maps with designations for urban centers. A designation was made within the Federal Way planning area, which encompasses Federal Way Public Schools boundaries King County will encourage and actively support the development of Urban Centers to meet the region's need for housing, jobs, services, culture and recreation This Plan's estimated population growth is prepared with this underlying assumption This Capital Facilities Plan will be used as documentation for any jurisdiction, which requires its use to meet the needs of the Growth Management Act. This plan is not intended to be the sole planning tool for all of the District needs. The District may prepare interim plans consistent with Board policies Additional plans will be consistent with the six year Capital Facilities Plan. iii � FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN INTRODUCTION (continued) On October 12, 1998 the Federal Way School District Board of Education approved a recommendation to move to a Pre K-5 elementary, 6-8 middle school, and 9-12 high school grade configuration beginning in the fall of 2003 or as additional high school space allows. This grade configuration is believed to be more responsive to student needs. It will allow for smaller elementary enrollments with room for lower primary class sizes. The middle school will provide more developmentally appropriate instruction and a better academic transition between elementary school and high school. Middle schools will also allow two-year preparation for the WA State 7`h grade test, and matches most western Washington Districts.With State and District standards becoming even tougher, 9ih grade students need to be brought into the high school environment and given access to high school subject specialist. The four-year high school plan combines the 9-12 graduation credit system, allows two-year preparation for the WA State 101h grade test, and physically places the high school students together. Federal Way Public Schools must meet the needs of a growing student and community population. The District must be flexible with building, programs and staffing to meet the needs of the 2151 Century, while being financially responsible and sensitive to the current tax rates. A flexible, cost effective and educationally beneficial approach that integrates academics and high tech/high skill preparation is needed. By extending the existing debt and creatively using new and existing facilities,the District can meet these complex needs with no increase, on average, in local tax rates Federal Way citizens approved a bond proposal of$83 million in September 1999. This bond will provide for a comprehensive high school ($44 million); a middle school ($17 million); expansion and improvement of existing schools ($9 million); replacement of Truman High School ($6 million) and other general improvements ($7 million). Additional planned improvements included in the bond proposal are- parking and pedestrian safety,playgrounds and sports fields,new classroom start-up and music equipment, information systems and networks and emergency communications. Planned opening for the new high school is September 2003. No Board decision has been made on the opening configuration of the new high school. There is currently a recommendation before the Board to open the new high school with grades 9 and 10 mandatory and grades 11 and 12 opt in. This recommendation would allow I I'h and 12ih grade students in 2003 to finish high school in their current building. This recommendation has substantial capacity impacts on the three existing high schools for two years. There is a study in progress to determine the feasibility of this recommendation.Truman lbgh School will open in February of 2003. A Middle School Transition Team began meeting in May 2001 to develop recommendations for the middle school programs. These recommendations were adopted by the Board of Education on March 25, 2002. It is anticipated that the adopted programs will have facility impacts. In the coming months, middle school principals will present school models to implement these changes A similar process is underway with the high schools. Facility needs will be evaluated over the next few months and any changes to • the capacity will be noted in the District's 2003/04 Capital Facilities Plan. iv FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN Federal Way Public Schools opened the Internet Academy in the 1996/97 school year. This program currently serves approximately 617 students, 114 are students also served in other Federal Way School District buildings. Internet Academy has grown from about 60 students to the current 617 in six years. The forecast for this school is based on current average annual enrollment. Ilistoncal growth has not been a reliable tool to forecast this enrollment. Internet Academy is currently operating out of leased space consisting of administrative areas and a computer lab area. This capacity is not included in the analysis of instructional spaces The facility needs are unique to a program of"distance learners". Federal Way Public Academy opened in the 1999/00 school year in six portables on the Dlahee Junior fbgb site Two additional portables were added for opening the 2000/01 school year to expand the program to include ninth grade students. The school served 180 seventh, eight and ninth grade students this year and will serve 180—210 students in grades seven, eight and nine in the 2002/03 school year The District is currently negotiating the purchase of a building for the Federal Way Public Academy. The anticipated move to this building is in February 2003. i M V FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN SECTION 1 - THE CAPITAL FACILITIES PLAN The State Growth Management Act requires that several pieces of information be gathered to determine the facilities available and needed to meet the needs of a growing community This section provides information about current facilities, existing facility needs, and expected future facility requirements for Federal Way Public Schools. This is followed by a Financial Plan which shows expected funding for any new construction, portables and modernization listed. 1 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN INVENTORY OF EDUCATIONAL FACILITIES ELEMENTARY SCHOOLS Adelaide 1635 SW 304th Street Federal Way 98023 Brigadoon 3601 SW 336th Street Federal Way 98023 Camelot 4041 S 298th Street Auburn 98001 Enterprise 35101 5th Avenue SW Federal Way 98023 Green Gables 32607 47th Avenue SW Federal Way 98023 Lake Dolloff 4200 S 308th Street Auburn 98001 Lake Grove 303 SW 308th Street Federal Way 98023 Lakeland 35675 32nd Avenue S Auburn 98001 Mark Twain 2450 S Star Lake Road Federal Way 98003 Meredith Hill 5830 S 300th Street Auburn 98001 Mirror Lake 625 S 314th Street Federal Way 98003 Nautilus 1000 S 289th Street Federal Way 98003 Olympic View 2626 SW 327th Street Federal Way 98023 Panther Lake 34424 1st Avenue S Federal Way 98003 Rainier View 3015 S 368th Street Federal Way 98003 Sherwood Forest 34600 12th Avenue SW Federal Way 98023 Silver Lake 1310 SW 325th Place Federal Way 98023 Star Lake 4014 S 270th Street Kent 98032 Sunnycrest 24629 42nd Avenue S Kent 98032 Twin Lakes 4400 SW 320th Street Federal Way 98023 Valhalla 27847 42nd Avenue S Auburn 98001 Wildwood 2405 S 300th Street Federal Way 98003 Woodmont 26454 16th Avenue S. Des Moines 98198 JUNIOR HIGH SCHOOLS Federal Way Public Academy 36001 151 Ave S Federal Way 98003 Illahee 36001 1st Avenue S Federal Way 98003 Kilo 4400 S 308th Street Auburn 98001 Lakota 1415 SW 314th Street Federal Way 98023 Sacalawea 1101 S Dash Point Road Federal Way 98003 Saghalie 33914 19th Avenue SW Federal Way 98023 Totem 26630 40th Avenue S Kent 98032 SENIOR HIGH SCHOOLS Decatur 2800 SW 320th Street Federal Way 98023 Federal Way 30611 16th Avenue S Federal Way 98003 Thomas Jefferson 4248 S 288th Street Auburn 98001 ALTERNATIVE SCHOOLS Merit School 31455 28th Ave S Federal Way 98003 Harry S Truman High School 31455 28th Ave S Federal Way 98003 LEASED SPACE Internet Academy 32020 1s` Ave S Federal Way 98003 2 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN CURRENT INVENTORY NON-INSTRUCTIONAL FACILITIES Developed Property Administrative Building 31405 18th Avenue S Federal Way 98003 MOT Site 1066 S 320th Street Federal Way 98003 Central Kitchen 1344 S 308th Street Federal Way 98003 Federal Way Memorial Field 1300 S 308th Street Federal Way 98003 Leased Space Community Resource Center 1928 S Sea Tac Mall Federal Way 98003 ECEAP Offices 30819 14`h Ave S Federal Way 98003 Undeveloped Property Site# Location 23 SW 360th Street & 3rd Avenue SW 35 S 351 st Street & 52nd Avenue S 40 E of loth Avenue SW Between SW 334th & SW 335th Streets 63 E of 47th Avenue SW & SW 314th Place 71 S 344th Street & 46th Avenue S 72 36600 block of Pacific Mghway S 82 Is`Way S and S 342nd St 84 3737 S 360`h St 85 16`h Ave S and S 364`h Way 96 S 308`h St and 14`h Ave S Notes: Not all undeveloped properties are large enough to meet school construction requirements. Properties may be traded or sold depending on what locations are needed to house students to the District. 3 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN NEEDS FORECAST-EXISTING FACILITIES EXISTING FACILITY FUTURE NEEDS ANTICIPATED SOURCE OF FUNDS Truman High School Replacement with expansion. Anticipated source of funds is currently authorized bond issues Purchase and Relocate Interim Capacity Anticipated source of funds is Portables Impact Fees. Decatur High School,Federal Expansion Anticipated source of funds is Way High School and currently authorized bond Thomas Jefferson High issues. School Various School Sites Parking Safety; Network Anticipated source of funds is Upgrades; Automated future bond issues. Libraries; Elementary Playgrounds, High School Sports Fields, Emergency Communications. 4 FEDERAL WAY PUBLIC SCHOOLS 2002103 CAPITAL FACILITIES PLAN NEEDS FORECAST - NEW FACILITIES NEW FACILITY LOCATION ANTICIPATED SOURCE OF FUNDS New High School Site 85 Anticipated source of funds is currently authorized bound issues and state matching funds. Federal Way Public Academy 34620 9th Ave S, Anticipated source of Federal Way,WA funds is state matching funds, Impact Fees, future bond issues and/or non- voted debt issues. Additional Secondary Capacity Unknown Anticipated source of funds is state matching funds, Impact Fees, future bond issues and/or non- voted debt issues. 5 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN Six Year Finance Plan Secured Funding Sources 2002 2003 2004 2005 2006 2007 Total Revenue Impact Fees(1) $175,000 $175,000 $175,000 $175,000 $175,000 $190,831 $1,065,831 Land Sale Funds(2) S844,026 $844,026 Bond Funds(3) $l6 281,692 $16,281,692 TOTAL $16,456,692 $175,000 $175,000 $1,019,026 $175,000 $190,831 $18,191,549 Unsecured Finishing Sourms State Match Funds(5) $15,200.000 Bond or Levy Funds(3) $50,585,000 Land Fund Sales(6) Impact Fees(4) $1,500,000 TOTAL $67 85,000 NEW SCHOOLS 2002 2003 2004 2005 2006 2007 Total Cost New Secondary Capacity(9) $26,250 $233,046 $2,0W,000 $3,000,000 $9,140,000 $1,004704 $15,400,000 New Senior Hi ph School(12) $21,610,000 $19,017,263 $39,627,263 New Senior Hi ph School Site(10) S New Secondary Capacity Site(11) $1,600,000 $1,600,000 Federal Way Public Academy S3,000,000 $1,000,000 $4,000,000 MODERNIZATION AND EXPANSION Truman Senior High(Alternative) $3,820,000 $2,134,718 $5,954,718 Expansion Three High Schools $6,029,269 $6,029,269 Expansion Elementary Schools $200,000 $1,500,000 $300,000 $2,000,000 TEMPORARY FACILITIES Portables(7) $79,000 $237,000 $316,WC OTHER School Improvements(8) $267,919 $726,000 $4,852 $998,771 Facilities Department $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $1,500, TOTAL $35,282,438 $25,461,027 $2,554,852 $3,250,000 $9,390,000 $1,487,704 $77,426,011 NOTES 1 These fees are currently being held to a King County,City of Federal Way and City of Kent impact fee account,and will be available for use by the District for system improvements 2 These funds come from various sales of land and are set aside for estimated expenditures 3 These funds will be used for future projects 4 These are projected fees based upon known residential developments in the District ova the next six years 5 These funds are projected state matching funds 6 These funds are projected land sale income Timing of the sale of surplus property is not known at this time 7 These fees represent the cost of moving and siting existing ponables and purchasing new portables The District may choose to purchase new portables in the years shown Thus estimate may also include the cost of purchasing these portables 8 These projects have been approved by the Board of Directors and cover most schools Time projects do not increase capacity These projects include school networks,information and library systems,new classroom start up,elementary playgrounds and tugh school sports fields music equipment,emergency communication 9 New secondary capacity is the middle school componear of the bond This is shown as middle school in the impact fee calculation The District us researching small school solutions that will&=mass capacity for students in the secondary grades 10 Site purchase for the lugh school of$3 2 M was complete in the 20M calendar year I I Sim pruchase for the muddle school/new secondary capacity, site or sttes to be determined 12 Total esperidn ams mmagh the 1WI12001 forme Semor Wgh School rs$ 8.072,737 6 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN SECTION 2 -MAPS OF DISTRICT BOUNDARIES . Federal Way Public Schools (the District) has twenty-three elementary schools (grades K-6), seven Junior high schools (grades 7-9), three senior high schools (grades I0-12) and two alternative schools (grades 7-12) for the 2001/02 school year. The Internet Academy serves grades K-12 On April 20, 1996, the Federal Way Public Schools Board of Education adopted the boundaries for these schools In May 1999, minor adjustments to elementary boundaries were adopted. The following maps show the service area boundaries for each school for each grade level (Harry S. Truman High School, Merit School, Internet Academy and Federal Way Public Academy serve students from throughout the District). The identified boundaries are reviewed annually. Any change in grade configuration or adoption of programs which affect school populations may necessitate a change in school service areas. A Boundary Committee has been meeting since January 2002 to develop recommended Senior High and Middle School boundaries for 2003. A Board decision on this recommendation is anticipated at the June 25"i, 2002 Board meeting. Elementary Boundaries will be studied in the 2002/03 school year. The Growth Management Act requires that a jurisdiction evaluate if the public facility infrastructure is in place to handle new housing developments. In the case of most public facilities, new development has its major impact on the facilities immediately adjacent to that development School Districts are different. If the District does not have permanent facilities available, interim measures must be taken until new facilities can be built or until boundaries can be adjusted to match the population changes to the surrounding facilities. Adjusting boundaries requires careful consideration by the District and is not taken lightly. It is recognized that there is a potential impact on students who are required to change schools. Boundary adjustments impact the whole district, not just one school. It is important to realize that a single housing development does not require the construction of a complete school facility. School districts are required to project growth throughout the district and build or adjust boundaries based on growth throughout the district, not just around a single development. 7 FEDERAL WAY PUBLIC SCHOOLS 2002103 CAPTIAL FACILI I IES FLAN ELEMENTARY SCHOOL BOUNDARIES E gee wwu Fw .—•..•G N . .- DERAL WAY SCHOOL DISTRICT No. 210 - u ELEMENTARY SCHOOLS JUNIOR HIGH SCHOOLS - Code•- ' Code• n 10 Adelaide C9 64 IlHhee E-9 16 Brigadoen 89 66 kilo GA 1 28 Camelot G-5 62 Lakots Dd T 22 Enterprise D9 61 Ssca).we, E-S '1 14 Green Gables A-7 70 Saghalm 0-800 Lake DoOOR G9 65 Totem G-7it Lake Grow 09 5 Mark F-6 _ 32 Lakeland F-9 2 Mark TwaM Fa 29 Meredith Hill H-5 SENIOR HIGH SCHOOLS 3 -; / i 3 e Mirror Lake E-6 •, ` 5 Nautllw E-5 Cyp-- •• -• t 15 Olympic View C-7 _ 21 panther Lake E9 80 Decatur C-6 57 Rainier View F-10 81 Federal Way E-S At Sherwood Forest 09 83 Thomas Jefferson GA '"" • t Ia Si"?Lake D-7 8 Harry S Tmman FE ,,. 26 Star Lake GJ 8 Merit F-6 25 Sunnycrasl 0-2 i 12 Txin Lek" B-6 i 27 Valhalla G-4 Future School Site,— fj - 7 WOdwood F9 Surplus Bites — 1 i• "� 4 1 Waodmont F-3 t 100 Educational Service CenW F4 99 Future Support Services E9 _ Cab-- . 5 , t • rl r ,y "'°,`." 1 97 Maintenance-0pan8one-Tran,porlabon E-6 s,r Y• ,T� parks_ +• D jO•• ,fi �. 1 ; s FEDERAL WAY WASHINGTON and VIC/NIT A 71 N a B ;- s a 1'•"r•, r`'w a YO ow•.. •.i_ F`r•'�° , '• { 1 8 it W* .,rele e"P"„..w'.•'. 1 a j. I.asi,.T �• •sl £$ •r,l •a"Si ,<•r •�,. wa '•e 1 9 I FEDERA' L I�•. .:'.'" „ W rlw,waa rwww (253) 945-2000 'L " It ,c.., sw.. t•.wN 9I.-r mY ` ii u• Il1W r n ���` ,-Ong P~in yy E F G N I 8 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPTIAL FACILITIES PLAN Junior High School Boundaries E a.19o,.n F "..x` .y...•G H FEDERAL WAY SCHOOL DISTRICT No. 210 Y• / ELEMENTARY SCHOOLS JUNIOR HIGH SCHOOLS 1YYe.I.: •� t Coda— Code-- ;.. "n - 3 10 Adelaide C46 64 Illahee E4 ` 16 Brlpadoon 84 66 Koo G4 2 ` f a •,,.% 1 28 Camelot G-0 62 Lakota lM Ja �^ 22 Enterprise D-9 61 Sscalawea E-0 14 Green Gobi" A-7 70 Saghaila C-0 50 Lake DoiloR G-6 65 Totem G-0 11 Lake Grow DE 8 Merit F-692 L"Wand F-9 _ s. 2 Mark Twain FA _ ^" 3' •/ E� 29 Meredith HIM H-5 SENIOR HIGH SCHOOLS J + 7 ;1� j 3 6 Mimor Lake E-0 S Nautllue E-5 code-^ -� 15 Olympic Vim C-7 21 Panther Lake E-0 8o Decatur C•6 07 Rainier View F-10 8/ Federal Way E-5 .I 41 Sherwood Forest DA 85 Thomas Jefferson GA •-• , 31 24 SNrer Lake 0.7 8 Harry S Truman F-6 26 Star Lake G-0 8 kledt F4 " 25 Sunrryereal G-2 'L , .�`:••`1'^- 13 Twin Lakes 8.6 27 Valhalla 64 Future School Sites— 4 i 7 Wildwood F-5 Surplus Sites — ..E i ' 4 1 Woodmont F-3 +:,d• 100 Educational 59"1"Cemer F-6 ' 99 Future Support SoMe" E4 _ Cade--. �, �e 1• �_el •14O ,T 97 MNntenance-Operations-Transportation E4 _ 1 D J FEOEAAL WAY. WASN/NC70N Land V/CIN/ I I - a+ 3` UF r ISOy^a '•Marl , i s .,3 lt, r 3^- fir,,�1:,;•� •�'•• •I W.• � •! if lip � -��l f \� seei 6 l/ h3 .i Ty/`.iry 6 rowi �•"+' •t'•'��x 11 as on �� W E + IS t 3 3 r M1 tt t ld 5• l' ,f •a f ! axai�,d9walw •a i a , ...,.r. a. � f. n �i pp •, f 9 1 9 nw.+kw rr „• .us + :�,, aft+. C� a� •y - I r` , \ �9 D�9 •� f i .a•` iii FEDERAL)WAY . _ mw3•aaFahk, (253) 945-2000 a.ec We iw.wii4::� 11 E" rF o G .M WH 9 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPTIAL FACILI I In FLAN Senior High School Boundaries E H EDERAL WAY SCHOOL DISTRICT No. 210 �} I ELEMENTARY SCHOOLS JUNIOR HIGH SCHOOLS COG. Code• 10 Adelaide Cb 64 Illahea 16 Sripadoon S-8 66 Kilo Gb 2 28 Camelot Gb 62 Lakob D-S 22 Enterprise 0-9 61 Sacajawea E-5 14 Green Gables A-7 70 Saphalle Cb i 30 Lake Dolloff GA 65 Totem G-3 iw^•e, , t 11 Lake Grow, Ob 8 Medt FA 33 Lakeland F-9 2 Mark Twain F-4 •� U 29 M.mcith Hill Hb SENIOR HIGH SCHOOLS J 3 6 Mbror Lake Eb 5 Nautilus E-5 Code-. . 9 15 Olympic View C-7 21 Panther Lake Eb 80 Decatur C-6 — 37 Rainier View FAO 81 Federal Way E-5 .I .- 41 Sherwood Femst D-8 83 Thomas Jefferson GA 24 Sdwr Lake D-7 8 Harry 5 Truman Fb 26 5tar Lake G-3 8 Merit F-6 i• • 25 SunnycMt G-2 `E 13 Twin Lakea B Gb ro 4 ... 27 Valhalla I Futu School Sites— " - 7 Wild ood F-5 Surplus S,tee — „-: • 4 , 1 Woodmont F4 '�• too EducaUunal Sam"Center F-6 ne .oc 99 Support etioes Eb _ Code--MainW -0 ■ .�e 97 Malnbnaneepentlone-TranapomUon Eb n• ;�,o,^ ^ : , '�� Parks— O ••e• ': 3 3 FEDERAL WAY WASN/NGTON end V/C/N/7 I All 44 A ay •ai,•;a ^S � F'- `•;. _ _.. -� m 1 '' �� `S w ® E 8 w .�i C s:q e��•e• ♦ tWj W'<�✓ •f 8 � S•�� ^ ' • '``:•S r3^S• 3 i •ne a4♦�•, �P a.- •ar •3 �I I,T•a,Ye�iM • �(� 0�`• ••i FEDERAL a.^ WAY to e� _ • rw�msa F.Y+nn (253)945-2000 - '?; ..w, a„,C F G H 10 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN SECTION 3 • SUPPORT DOCUMENTATION Building Capacities -The Education Program Portable Locations Student Forecast- 2002 through 2007 Capacity Summaries King County Impact Fees - Single and Multi Family Units 11 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN Building Capacities This Capital Facilities Plan establishes the District's "standard of service" in order to ascertain the Distnct's current and future capacity. The Superintendent of Public Instruction establishes square footage guidelines for capacity, but these guidelines do not take into consideration the education program needs. The District has identified a Building Program Capacity for each of the schools in the District This Full Time Equivalent (FIE) capacity is based on• • The number of classrooms available in each school • Any special requirements at each school • The contracted class load by grade level In general, the District's current standard provides that the average class size for a standard classroom for grade K through grade 2 is 20 students , for grades 3-6 is 25 students and grades 7-12 is 25 students. Gate (Gifted and Talented Education) classrooms are 25 students, and special education classrooms are 12 students This size is determined based upon current ratios and trends as well as the physical size of the classroom. Educational Program Capacities change every year. This analysis is for the 2001102 school year The capacity of an individual school could and does change at any time depending on program changes which may require additional space 12 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN BUILDING PROGRAM CAPACITIES ELEMENTARY BUILDING JUNIOR HIGH BUILDING PROGRAM CAPACITY PROGRAM CAPACITY Adelaide 441 Illahee 821 Bn adoon 487 Kilo 854 Camelot 357 Lakota 741 Enterprise 405 Saca awea 828 Green Gables 432 Sa hahe 768 Lake Dolloff 475 Totem 709 Lake Grove 430 Lakeland 447 12001 TOTAL 4,721 Mark Twain 500 Meredith Hill 417 1junior High Average 787 Mirror Lake 372 Nautilus 485 SENIOR HIGH BUILDING Olympic View 409 PROGRAM CAPACITY Panther Lake 409 Rainier View 417 Decatur 1,276 Sherwood Forest 487 Federal Way 1,532 Silver Lake 487 Thomas Jefferson 1,462 Star Lake 450 Sunnycrest 409 2001 TOTAL 4,270 Twin Lakes 447 Valhalla 462 ISenior High Average 1,423 Wildwood 442 Woodmont 360 ALTERNATIVE SCHOOL BUILDING PROGRAM CAPACITY 2001 TOTAL 10,027 Merit School 16 Elementary Average 436 7 Truman High School 194 2001 TOTAL 210 Notes Elementary program capacities are based on the number of teaching stations in the building,contracted class size,and special use classrooms in place during the 01/02 school year All available instructional space is calculated Secondary program capacities are based on peak loading The calculation is based on 25 students per available teaching stations 13 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN Portable Locations The Washington State Constitution requires the State to provide each student a basic education. It is not efficient use of District resources to build a school with a capacity for 500 students due to lack of space for 25 students when enrollment fluctuates throughout the year and from year to year. Portables are used as temporary facilities or interim measures to house students until permanent facilities can be built or boundary adjustments can be made. When permanent facilities become available, the portable(s) is either used for other purposes such as storage or child care programs, or moved to another school for an interim classroom. Some portables may not be fit to move due to age or physical condition. In these cases, the District may choose to buy new portables and surplus these unfit portables It is the practice and philosophy of Federal Way Public Schools that portables are not acceptable as permanent facilities. The following page provides a list of the location of the portable facilities, used for temporary educational facilities by Federal Way Public Schools 14 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN PORTABLE LOCATIONS PORTABLESLOCATED PORTABLES LOCATED AT ELEMENTARY SCHOOLS AT SENIOR HIGHS NON NON IMMUMONAL INS RUMONAL TNMVC IONAL NSTKVC ONAL Adelaide 3 Decatur 4 Bri adoon I Federal Way1 Camelot I Thomas Jefferson Enterprise 3 Truman 4 1 Green Gables 1 Merit 4 LakeDolloff I TOTAL 13 ] Lake Grove 2 Lakeland 2 Mark Twain 3 Meredith Hill 3 PORTABLES LOCATED Mirror Lake 4 AT SUPPORT FACILITIES Nautilus 1 Olympic View 2 MOT I Panther Lake 3 Clothing Bank I Rainier View 3 Sherwood Forest 4 TOTAL 2 Silver Lake 4 Star Lake 4 Sunn crest 1 1 HEAD START PORTABLES AT DISTRICT SITES Twin Lakes 2 1 Valhalla 2 Wddwood 4 Mirror Lake 1 Woodmont 3 Sherwood Forest 1 TOTAL 58 2 Total 2 PORTABLES LOCATED AT JUNIOR HIGHS NON M6RUMONAL WnRUCTIONAL Federal Way Public Academy 8 1 Illahee 3 Kilo 3 1 Lakota 3 Saca awes 3 Sa halve 4 Totem 5 TOTAL 29 2 15 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN . Student Forecast Student enrollment projections are a basic component of budget development. Enrollment projections influence many of the financial estimates that go into budget preparation The majority of staffing requirements are derived directly from the forecasted number of students. Allocations for instructional supplies and materials are also made on the basis of projected enrollment. Other expenditures and certain revenue projections are directly related to enrollment projections. Enrollment projections are completed annually in the Business Services Department. Projections must be detailed at various levels, district total, school-building totals, grade level and program level to include vocational and special education students. The basis of projections has been cohort survival analysts Cohort survival is the analysts of a group that has a common statistical value (grade level) as it progresses through time. In a stable population the cohort would be 100 for all grades. This analysts uses historical information to develop averages and project the averages forward. This method does not trace individual students; it is concerned with aggregate numbers in each grade level. The district has used this method with varying years of history and weighted factors to study several projections. Because transfers in and out of the school system are common, student migration is factored into the analysis as it increases or decreases survival rates. Entry grades (kindergarten) are a unique problem in cohort analysis. The district collects information on birth rates within the district's census tracts, and treats these statistics as a cohort for kindergarten enrollment in the appropriate years The Federal Way School District is using various statistical methods for projecting student enrollments. The resultant forecasted enrollments are evaluated below. The first method is a statistical cohort analysis that produces ten distinct forecasts These are forecast of enrollment for one year The projections vary depending on the number of years of historicai information and how they are weighted A second method is a projection using an enrollment projection software package that allows the user to project independently at school or grade level and to aggregate these projections for the district level. The Enrollment MasterTm software provides statistical methods including trend line, standard grade progression (cohort) and combinations of these methods This software produces a five-year projection of school enrollment In November of 2001,the District contracted a demographer to develop projections for the Federal Way School District The report was complete in January 2002 The model used to forecast next year's enrollment uses cohort survival rates to measure grade to grade growth,assumes market share losses to private schools (consistent with county-wide average),assumes growth from new housing or losses due to net losses from migration. This forecast was provided as a range of three projections The report substantiated that for next year,Federal Way expects little or no growth 16 FEDERAL WAY PUBLIC SCHOOLS 2002103 CAPITAL FACILITIES PLAN The long-range forecast provided with this report used a model with cohort survival rates and growth rates based on projected changes in the 5-19 age group for King County. Most of the methods used for long range enrollment reporting assume that enrollment is a constant percent of something else (e g.population) or that enrollment will mirror some projected trend for the school-age population over time. The report included 5 different calculations to provide a range of possible projections for the District to the year 2015. This model produces a projection that is between 24,000 and 26,000 when applied to the low,medium and high range modes. This provides a reasonable range for long- range planning and is consistent with estimates from various models Short-term budget projections may be more conservative than the standard grade progression model. For the 2002/03 school year, the district chose the Enrollment MasterTm projection using standard grade progression model complemented by the work from the contracted report. Standard grade progression is a reasonably accurate method for the near term future when the near future looks much like the near past. Long range projections that establish the need for facilities are a modification of the cohort survival method. The cohort method of analysis becomes less reliable the farther out the projections are made. The Federal Way School District long-range projections are studied annually. The study includes information from the jurisdictional demographers as they project future housing and population in the region. The long-range projections used by Federal Way Public Schools reflect a similar age trend in student populations as the projections published by the Office of Financial Management for the State of Washington. Growth Management requires junsdictions to plan for a minimum of twenty years. The Federal Way School District is a partner in this planning with the various jurisdictions compnsing the school district geography. These projections create a vision of the school district in the future. 17 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN Full Time Equivalent Enrollment History and Projections Simplified FTE(K Headcount= 5 FTE,Junior High FTE=989 Headcount,Senior High FTE= 933Headcount) Total K-12 Percent School Year Elementary Junior High Senior High FTE Change 1995-96 10,689 4,838 3,796 19,323 1996-97 10,863 4,930 3,913 19,706 19% 1997-98 11,123 5,073 4,082 20,278 28% 1998-99 11,480 5,080 4,120 20,680 19% 1999-00 11,622 5,110 4,348 21,079 19% 2000-01 11,640 5,300 4,390 21,330 12% 2001-02 11,498 5,331 4,415 21,244 -04% P2002.03 11,134 5,419 4,588 21,241 &0% * P2003-04 9,333 5,501 6,420 21,254 01% P2004-05 9,297 5,561 6,462 21,321 03% P2005.06 9,307 5,506 6,534 21,347 0.1% P2006-07 9,390 5,374 6,642 21,406 03% P2007-08 9,637 5,300 6,748 21,685 13% *New Con,figuration Elementary X-5 Muldle School6-8 Nigh School9-12 Enrollment History and Six Year Forecast 23,000 3 0% 22,000 2 5% 21,000 2 0% c 0 20,000 1 5 9 � = 19,000 10% u `w c a o u 18,000 0 5% O 17,000 0 0% 16,000 -0 5% 15,000 -1 0% �Q° '°° o o rn w s to, . a $s °- 4n School Year �FTE ---6-Percent of Change • 18 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN Capacity Summaries All Grades,Elementary, Junior fligh/Middle School, and Senior agh Schools The Capacity Summaries combine Building Capacity information and the Student Forecast information. The result demonstrates the requirements for new or remodeled facilities and why there is a need for the District to use temporary facilities or interim measures. The information is organized in spreadsheet format, with a page summarizing the entire District, and then evaluating capacity vs number of students at elementary,Junior high, and senior high levels individually. The notes at the bottom of each spreadsheet provide information about what facilities are in place each year 19 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN CAPACITY SUMMARY-ALL GRADES Actual Projected-- CAPACITY 2001 2002 2003 2004 2005 2006 2007 BUILDING PROGRAM CAPACITY 19,228 19,228 20,017 19,991 21,381 21,355 21,845 Add or subtract changes to capacity m a Special Education Changes (26) n (26) (26) (26) Truman High modernization and expansion 98 b Increase Capacity at Three High Schools 372 12 Adduonal Secondary Capacity 490 Federal Way Public Academy 345 New High School p 1,416 Adjusted Program Capacity 19,228 20,017 19,991 21,381 121,355 i 21,845 21, 445 ENROLLMENT Basic FTE Enrollment 21,244 121,241 1 21,254 1 21,321 1 21,347 21,406 21,685 Internet Academy Enrollment 311 311 31 1 311 311 311 311 Basic FTE Enrollment without Internet Academy 20,933 20,930 120,943 21,010 21,036 21,095 21,374 rSURPLUS OR(UNHOUSED) PROGRAM CAPACITY (1,705) (913) (952) 371 319 750 471 RELOCATABLE CAPACITY Current Portable Capacity 2,462 2,462 2,325]- 2,325 2,325 2,325 2,325 Add/Subtract Portable Capacity Add New Portable Capacity 49 70 Deduct Portable Capacity (IS6) Adjusted Portable Capacity 2,462 2,325 2,32521325 2,325 2,325 , 1395 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 757 1,412 1,373 2,696 2,644 1 3,075 2,866 20 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN CAPACITY SUMMARY-ELEMENTARY SCHOOLS Actual 2 Projected-- CAPACITY 2001 2002 2003 2004 2005 M0 BUILDING PROGRAM n CAPACITY 10,027 10,027 a 10,001 9,975 9,949 9,923 9,923 m o I 1 Special Education Changes (26) (26) (26) (26) m Adjusted Program Capacity 10,027 llopol ° 9,975 9,949 9,923 9,923 9,923 ENROLLMENT Basic FrE Enrollment 11,498 11,234 9,333 1 9,297 9,307 9,390 9,637 2 Internet Academy 58 58 58 58 58 58 58 Basic FTE Enrollment without Internet Academy 11,440 1 11,176 9,275 9,239 9,249 9,332 9,579 SURPLUS OR(UNHOUSED) PROGRAM CAPACITY (1,413) 1 (1,175) 1 700 1 710 1 674 1 591 1 344 1 RELOCATABLE CAPACITY 3 Current Portable Capacity 1,450 1,450 1,450 1,450 1,450 1,450 1,450 Add/Subtract portable capacity Adjusted Portable Capacity 1,450 1,450 1,450 1,450 1,450 1,450 1,45tT SURPLUS OR(IINHOUSED) PROGRAM AND RELOCATABLE CAPACITY 37 275 2,150 2,160 2,124 2,041 1,79 v NOTES: I Add Programs 2 ECEAP, I SBD (Severely Behavioral Disordered) and 1 Pre-School Program This reduces Basic Education capacity in the school years indicated 2 Internet Academy students are included in projections but do not require full time use of school facilities 3 Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available This is a calculated number only The actual number of portables that will be used will be based upon actual population needs 21 FEDERAL WAY PUBLIC SCHOOLS 2002103 CAPITAL FACILITIES PLAN CAPACITY SUMMARY-MIDDLE SCHOOLS Actual Projected-- CAPACITY 2001 2002 7 2003 2004 2005 2006 2007 BUILDING PROGRAM CAPACITY 4,721 4,721 m 4,933 4,933 4,933 4,933 5,423 a 0 1 Federal Way Public Academy 212 2 Addtional Secondary Capacity a 490 m 0 O Adjusted Program Capacity 4,721 4,933 4,933 4,933 4,933 5,423 5,423 ENROLLMENT Basic FTE Enrollment 5,331 5,419 51501 5,562 5,506 5,374 5,300 3 Internet Academy 140 140 140 140 140 140 140 Banc FTE Enrollment without Intemet Academy 5,191 5,279 5,361 5,422 5,366 5,234 5,160 SURPLUS OR(UNHOUSED) PROGRAM CAPACITY (470) (346) (428) (489) (433) 189 263 RELOCATABLE CAPACITY 4 Current Portable Capacity 710 710 759 759 759 759 759 Add/Subtract portable capacity S Add new portable capacity 49 Adjusted Portable Capacity 710 759 759 759 759 759 759 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 240 413 331 270 326 948 1,022 NOTES: I Federal Way Public Academy Grades 6,7 and 8 2 Add additional secondary capacity 3 Internet Academy students are included in projections but do not require full time use of school facilities 4 Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available This is a calculated number only The actual number of portables that will be used will be based upon actual population needs 5 Add portable capacity to Sacajawea Junior High 22 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN CAPACITY SUMMARY-SENIOR HIGH SCHOOLS Actual -- Projected-- CAPACITY 2001 2002 z 2003 2004 2005 2006 XW BUILDING PROGRAM CAPACITY 4,453 4,453 0 5,056 6,472 6,472 6,472 6,472 m M. Add or subtract changes in capacity A 1 Truman Remodel 98 0 2 Add Capacity to Three High Schools 372 ae 3 Federal Way Public Academy 133 m 4 Add New High School 'o 1,416 0 Adjusted Program Capacity 1 4,453 5,056 1 6,472 1 6,472 6,472 6,472 1 6,472 ENROLLMENT Basic FTE Enrollment 4,415 4,588 6,420 6,462 6,534 6,642 6,748 5 Internet Academy 113 113 113 113 113 113 113 Basic Ed without Internet Academy 4,302 4,475 6,307 6,349 6,421 6,529 6,635 SURPLUS OR(UNHOUSED) PROGRAM CAPACITY 151 681 165 123 51 (57) (163) RELOCATABLE CAPACITY 6 Current Portable Capacity 302 302 116 116 116 116 Add\Subtract portable capacity 7 Add new portable capacity 70 8 Deduct Portable Capacity (fS6) Adjusted Portable Capacity 302 116 116 116 116 116 186 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 453 697 281 239 167 59 23 NOTES: I Truman High School modernization and expansion 2 Add capacity to three existing high schools 3 Federal Way Public Academy-Grades 9 and 10 4 Add new high school 5 Internet Academy students are included in projections but do not require full nine use of school facilities 6 Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available, This is a calculated number only The actual number of portables that will be used will be based upon actual population needs 7 Add portable capacity to high school 8 Portables at Truman and Ment will be demolished 23 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN King County, the City of Federal Way, and the City of Kent Impact Fee Calculations Single and Multi-Family Residences Each jurisdiction that imposes school impact fees requires that developers pay these fees to help cover a share of the impact of new housing developments on school facilities To determine an equitable fee throughout unincorporated King County, a formula was established. This formula can be found in King County Code 21A and was substantially adopted by the City of Federal Way and Kent The formula requires the District to establish a "Student Generation Factor" which estimates how many students will be added to a school district by each new single or multi-family unit and to gather some standard construction costs, which are unique to that district - STUDENT GENERATION FACTOR ANALYSIS Federal Way Public Schools student generation factor was deterrmned separately for single family units and multi-family units. The factors used in the 2002/03 Capital Facilities Plan were derived using actual generation factors from single family units and multi-family units, which were constructed in the last five(5) years - IMPACT FEE CALCULATION Following the calculations for the student generation factor is a copy of the Impact Fee Calculation for single family and multi-family units based on King County Code 21A and the Growth Management Act ➢ Temporary Facility Cost is the average cost of a portable purchased within the last 12 months ➢ Site Acquisition Costs is the per acre cost of the last school site purchased (site 85); this is a negotiated purchase price. Plan Year 2002/03 Plan Year2001102 Collection Year 2002/03 Collection Year 2001102 Single Family Units $3,894. $2,616, Multi-Family Units $1,094. $ 896 24 ƒ \ � k / wNmto 0 ! - ea ƒ _ 000 a ! ! \ \im : « ) § ® � ! & # $ 2 - i7u. 2 : § 3 § ; ; , of §111 ) 7U- 77q k \ \ ) ) ( ( } 000000 \ \ ) } \ \ ) ( , S ! A ! 000 °� & § 0 -0 0w \ 00 \ \ , � _ ® ! J) - \ � \ \ ■ ) � } � \ { A ) \ l ; i , = ) l ! § } $ z ; ! ) m \ _ � 2z f | ! 22 \ ! § k � � ` ® 2 2 \ ! � ■ _ wr 73 k { = 7E MLLv - § a E � 2 E „ z r ! \ | 00 ! \ � k ! % 2 ■ s & ; . ® . � 0 ! ! % zs > \C3 co § ; 2 | \ 2k \ # 2 & ! k \ \ > 7 % § � � § ! ) E » ! « ° � ) ) ! ! ' § ; f \ ! # / 3 ; & aBC,0w m � } ) FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN IMPACT FEE School Site Acquisition Cost: Student Student Facility Cost/ Facility Factor Factor Cost/ Cost/ Acreage Acre Capacity SFR MFR SFR MFR Elementary •---•-__• 000 _ _ •.. $0. -••-._•_-_436 .•---•• 02644 __•---•-00738 $0 $0 i Middle School 21 80 $87,747 706 01889 00512 $512 $139 I Sr 1H gh 41 20 $82,733 1,558 02111 00594 $462 $130 1 Middle School Federal Way Public Acacdemy- 6 of 3 acre parcel TOTAL $974 $269 2 Sr High Federal Way Public Acacdemy- 4 of 3 acre parcel School Construction Cost: Student Student %Perm FacJ Facility Facility Factor Factor Costl Cost/ Total Sq Ft Cost Capacity SFR MFR SFR MFR Elementary 9b 12% $0 436 02644 _ 00738 $0 $0 iMiddleSchool 9612% $I7,687,100 706 01889 00512 $4,549 $1,233 ............... .............. .............. .............. ............... 2 Sr High 96 12% $44,991,400 1,558 0 2111 00594 $5,860 $1,649 1 Middle School Additional Secondary Capacity-$15,400,000-Capacity 490 TOTAL $10,408 $2,882 Federal Way Public Academy.$2,4001 $2,287,100 2 Sr High New Senior High-$43,800,000-Capacity 1414 Federal Way Public Academy-$1,600t $1,191.400 Temporary Facility Cost: Student Student %Temp Fac Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Size SFR. MFR. SFR MFR Elementary 3 88% $0 25 0 2644 0 0738 $0 $0 --------------- --'-----...... ._....._...._. ..........._ .._....__..____ Middle School 3 88% $79,695 49 0 1889 0 0512 $12 $3 ............... .............. .............. .............. ............... Sr High 3 88% $0 23 0 2111 0 0594 $0 $0 TOTAL rL $12 $3 Slate Matching Credit Calculation- Student Student Boeck Cost/ Sq Ft State Factor Factor Cost/ Cost/ Sq Ft Student Match SFR MFR SFR MFR Elementary $110 32 f 80 0 00% . 0 2644 _ _ 0 0738 $0 $0 Middle School $110 32 110 0 00% 0 1889 o 0512 $0 $0 New Sr High $110 32 120 GO 91% 0 2111 0 0594 $1,702 $479 Total $1,702 $479 Tax Payment Credit Calculation SFR MFR Average Assessed Value (April 2002) $188,430 $48,281 .............. .............. Capital Bond Interest Rate(May 2002) 5 39% 5 19% , Net Present Value of Average Dwelling $1,441,674 $369,39 7 .............. .............. Years Amortized 10 10 ___ _ __ _-_ _- . __ __ Property Tax Lev Rate $132 $132 Present Value of Revenue Stream $1,903 $488 Single Family Multi-Family Residences Residences Mitigation Fee Summary Site Acquisition Cost $ 974 $ 269 Permanent Facility Cost $ 10,408 $ 2,882 Temporary Facility Cost $ 12 $ 3 State Match Credit $ (1,702) $ (479) Tax Payment Credit $ (1,903) $ (488) Sub-Total $ 7,789 $ 2,187 50%Local Share $ 3,994 $ 1,094 Im act Fee $ 3,894 $ 1,094 26 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN SECTION 4 SUMMARY OF CHANGES FROM THE 2001/02 CAPITAL FACILITIES PLAN The 2002/03 Capital Facilities Plan is an updated document, based on the 2001/02 Capital Facilities Plan. The changes between the 2001/02 Plan and the 2002/03 Plan are listed below. SECTION I-THE CAPITAL FACILITIES PLAN CURRENT INVENTORY—UNDEVELOPED PROPERTY Site 82 is added. This is a small piece of property not sold when the rest of the site was sold This site was not shown in previous Capital Facility Plans NEEDS FORECAST—NEW FACILITIES Permanent capacity for Federal Way Public Academy is added. SIX YEAR FINANCE PLAN The Six Year Finance Plan has been rolled forward to reflect 2002/2007 27 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN SECTION III - SUPPORT DOCUMENTATION CAPACITY Elementary school capacity reflects the change in average class size, K through 2Id grade at 20 and 3 through 61" grade at 25 The average capacity of senior high schools is increased from 1372 to 1414. This change is a result of analysis of current building use and programs in place for the 2001/02 school year. Building Program Capacities are found on page 13. PORTABLES The list of portables reflects the movement of portables between facilities or new portables purchased. Portable Locations can be found on page 15. STUDENT FORECAST The Student Forecast now covers 2002 through 2007. The new forecast reflects a decreased rate of growth Enrollment Ilistory and Projections are found on page 18. CAPACITY SUMMARY The changes in the Capacity Summary are a reflection of the changes in the capacities and student forecast. New schools and increased capacity at current buildings are shown as increases to capacity. Capacity Summaries are found on pages 20-23. IMPACT FEE CALCULATION- KING COUNTY CODE 21A The Impact Fee Calculations have changed due to changes in several factors The adjustment made in the Impact Fee Calculation, causing a change in the Impact Fee between the 2001/02 Capital Facilities Plan and the 2002/03 Capital Facilities Plan can be found on page 29. 28 FEDERAL WAY PUBLIC SCHOOLS 2002/03 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION CHANGES FROM 2001/02 TO 2002/03 STUDENT GENERATION FACTORS Student Generation factors are based on rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation. The changes in student Generation factors between the 2001/02 Capital Facilities Plan and the 2002/03 Capital Facilities Plan are due to developments that were deleted or added based upon the age of the developments. Student allocation is also changed to reflect the middle school configuration.The Student General worksheet is found on page 25. IMPACT FEE Item From/To Comment Percent of Permanent Facilities 96 56 to Report#3 OSPI 96.12% Percent Temporary Facilities 3.44% to 3.88% Updated portable inventory Temporary Facility Cost $68,005. to Updated cost of most recently $79,695. purchased portables Boeck Cost/Sq. Ft $103.55 to Change per OSPI $110.32 State Match 61 74% to Change per OSPI 60.91% Average Assessed Value SFR- Per Puget Sound Educational Service $176,267 to District (ESD 121) $188,430 MFR— $49,627 to $48,281 Capital Bond Interest Rate 5.25% to Market Rate 5.19% Property Tax Levy Rate $1.46 to Icing County Treasury Division $1.32 29 EXHIBIT D 2003 - 2008 Capital Improvement Program Sources of Funds Amounts in 000's Street Fund Councdmanic Bond 12% Proceeds 3% Utility Funds 30% Voted Public Safety Bonds 32% Capital Improvement Other Funding Fund Sources Grants 13% 3% 7% 2003 2004 20D5 2006 2007 2003 Total Sources of Funds Capital Improvement Fund 2,130 2,691 2,629 2,76D 2,818 2,878 15,90E Grants 1,599 1,444 809 1,649 1,564 1,059 8,124 Other Funding Sources 1,185 692 734 90 241 342 3,284 Voted Public Safety Bonds 40,000 40,00C Counulmamc Bond Proceeds 4,000 4,00( Street Fund 1,945 2,775 2,679 2,171 2,224 2,468 14,26: Utility Funds 5,214 10,454 8,004 4,005 5,063 3,764 36,50' Total Sources of Funds 12,073 22,056 54,855 10,675 11,910 10,511 122,07! 9 Proposed 2004 Bond Proceeds of$11,200,000 for Facilities,Parks and Street projects are not included in this plan Proposed 2006 Bond Proceeds of$38,025,000 for Public Works Maintenance Facility,Street and Utility projects are rid included in this plan Page 1 of 6 AA 2003 - 2008 Capital Improvement Program Projects Forecast Amounts in 000's Public Safety 34% Transportation 11% Parks, Recreation &Community Development 18% Utility Fund Projects 28% General Government 9% 2003 2004 2005 2006 2007 2008 Total Projects Transportation 1,845 2,675 2,579 2,071 2,124 2,368 13,662 Public Safety 200 150 40,150 150 150 150 40,950 Parks, Recreation 4,384 3,982 3,302 3,554 3,678 3,334 22,234 &Community Services _ General Government 730 5,095 1,120 1,195 1,195 1,195 10,530 Utility Fund Projects 4,914 10,154 7,704 3,705 4,763 3,464 34,703 Total Projects 12,073 22,056 54,855 10,675 11,910 10,511 122,079 Proposed 2004 Bond Proceeds of$11,200,000 for Facilities, Parks and Street projects are not included in this plan Proposed 2006 Bond Proceeds of$38,025,000 for Public Works Maintenance Facility,Street and Utility projects are not included in this plan Page 2 of 6 49; TRANSPORTATION 2003-2008 CAPITAL IMPROVEMENT PROGRAM AMOUNTS IN 000's Total 2003 2004 2005 2006 2007 2008 Sources of Funds Street Fund 13,662 1,845 2,675 2,579 2,071 2,124 2,368 Total Sources of Funds 13,662 1,845 2,676 2,579 2,071 2,124 2,368 Proiects Funded Corridors 228th Corridor- West Corridor 750 400 350 Arterials 2121h Street Rehab 223 223 84th Avenue Pavement Rehabilitation 300 300 116th Ave Imp(256th-KK(SR516)) 1,000 500 500 Central Avenue Pavement Rehabilitation 375 375 Intersection& Road Improvements 72nd Avenue(196th-200th) 500 500 248th Street Improvements 400 400 1-5 & 277th Intersection Improvement 1,500 500 1,000 Military Rd&260th Intersection Improve 900 200 700 116th&248th Signal 250 250 124th&248th Signal 250 250 Other Improvements Miscellaneous Asphalt Overlays 3,431 517 538 560 582 606 629 Slurry Seal Program 425 75 75 75 75 50 75 Sidewalk Rehabilitation and Installation 1,800 300 300 300 300 300 Neighborhood Traffic Control 225 75 75 City Wide Guardrail&Safety Improvement 180 30 30 30 30 30 Street Striping Program 493 50 87 89 89 89 89 Signal Battery Backup 360 120 120 120 Bike Paths 300 50 50 50 50 50 50 Total Projects Funded 13,662 1,845 2,675 2,579 2,071 2,124 2,368 Page 3 of 6 46 OTHER GOVERNMENT PROJECTS 2003-2008 DEPARTMENT REQUESTS AMOUNTS IN 000's Total 2003 2004 2005 2006 2007 2009 Proposed Revenue Capital Improvement Fund 5,080 530 645 870 945 945 945 From Utility&Street Funds 2,400 400 400 400 400 400 400 Voted Public Safety Bons 40 000 40,OOD Total Proposed Revenue . 47,480 930 1,245 41,270 1,345 1,345 1,345 Projects Funded Public Safety Police 375 75 75 75 75 75 Fire 575 200 75 75 75 75 75 Other Public Safety Projects 40,000 40,000 Subtotal Public Safety 40,950 200 150 40,150 150 150 150 Facilities 1,500 100 250 250 300 300 300 Golf Renovations 270 45 45 45 45 45 45 Miscellaneous Projects 510 85 50 75 100 100 100 Various Department Equipment 250 50 50 50 50 50 Automation Protects 8,000 500 4,700 700 700 700 700 Subtotal General Government 10,530 730 5,095 1,120 1,195 1,195 1'195 Total Projects Funded 51,480 930 5,245 41,270 1,345 1,345 1,345 li Page 4 of 6 47 PARKS,RECREATION AND COMMUNITY SERVICES 2D03-2008 CAPITAL IMPROVEMENT PROGRAM AMOUNTS IN 000's TOTAL 2003 2004 20D5 2DD6 2007 20DB Sources of Funds REET 2nd Ott 10,451 1,600 1,771 1,684 1,740 1,798 1,058 CIP Gran)Matching 375 75 75 75 75 75 Fee44eu 200 150 - 50 YONNfeen 270 130 85 55 - Dorelors/Cordnbnxns 410 155 135 5 5 105 5 Slate Grand 10 10 - - - YonhSporislOrgCouayGiant 450 50 3W 50 - 50 IAC Graces 4,845 915 455 450 11975 900 1,050 Caaty,Grants 1,590 550 40 - 50D 50D Back Grant 375 65 140 - 65 105 Offxx Grants 854 9 509 3D9 9 9 9 Akemaltve Funding 1,3D0 750 200 350 - Other Funding Sources 1,I04 272 324 85 56 337 Total Sources o1 Funds 2 3 ,36 3,982 3,302 , Prolects Sports Fields Soccer Field Renovation 700 700 Sorer Field Development Soo Soo Sam"Club Balalelds 2,315 900 1,415 Service Club Park Acquisition 1,000 1,000 East Hs Youth Sports Complex 1,206 151 151 451 151 151 151 Commons Playlleld Renovations 1,190 too 1,090 Park Development Lard Acquisition 375 75 75 75 75 75 Uplands Mayfield Improvements 40 40 228M Corridor Park/fralthead(Russ 50 50 Skate Park Development 640 630 10 International Parks Acguis1lnNDeve 40 40 Torn Square Park 1,050 50 1,000 Riverwalk/Riverview Park Develop) 595 45 550 Clark Lake Development 2,450 400 750 1,300 Clark Lake Land Acquisition 1,000 1,000 Clark Lake Management Plan 100 50 50 West H81 Amphitheater 80 10 70 Green River Corridor Acquisition 500 500 East HIII Park Land Acquisition 500 Soo Neighborhood Perks Development Camerbury Park Development 15 15 West Hill Park Development (Searb 777 77 700 132M Street Park Development 834 84 750 S 272nd SL Neighborhood Park De' 670 84 586 Turnkey Park Acquisition 8 Parking 1 250 175 7S Panther Lake Neighborhood Park At 310 310 Morrdl Meadows Park Acquisition 300 240 60 Glenn Nelson Improvements/Urban 260 260 Maim Capital a Lifecycle Renovations Downtown Sidewalk ReplacemenUG 180 90 90 Sprmgwood Park Improvements 65 65 Seven Oaks Park Improvements 65 65 West Fenwick Renovations 352 35 17 300 Klwams Tot Lot 41 Improvements 65 65 Kiwams Tot Lot d4 Play Equipment 65 65 Tudor Square Renovations 55 55 Prue Tree Park Improvements 618 18 600 Life Cycle 1,500 250 250 250 250 250 250 Demolition of Rental Houses 75 50 25 Van Doren's Park Improvements 75 75 Botanical Garden 10 10 Big Blue Mobile Computer Lab 85 85 Off-Leash Park 24 9 15 Tra9 Improvements 54 9 9 9 9 9 9 Kent Commons 600 600 Kent Memorial Park Renovations 74 74 Plamiing-Architecture d Engineering Archilect/Engineering 145 20 25 25 25 25 25 Master Plarus 60 10 10 10 10 10 10 Swlmnung Pod Feasibility Study 25 25 East HI0 Crew Mant Bldg 10 10 Vandalism Preventam Program 6 6 Van Doren's Park River Access 20 20 Adopt-a-Park 240 40 40 40 40 40 40 Planned Grwng Program 19 19 Total Projects 22,234 4,384 3,982 3,302 3,551 3,6)8 3,334 Page 5 of 6 48 WATER,SEWER AND STORMWATER DRAINAGE 2003•2008 CAPITAL IMPROVEMENT PROGRAM AMOUNTS IN 000's Total 2003 2004 2005 2006 2007 2008 Sources of Funds Water Fund 15,459 1,734 6,281 4,091 700 1,904 749 Drainage Utility Fund 15,298 2,413 3,082 3,050 2,420 2,251 2,083 Sewer Utility Fund 3,946 767 791 562 585 608 633 Total Sources of Funds 34,703 4,914 10,154 7,704 3,705 4,763 3,464 Projects Funded Sanitary Sewer Remote Telemetry Upgrades-Phase II& III 47 47 - - - - Miscellaneous Sewer Replacements 3,449 520 541 562 585 608 633 248th Street Sewer Extension 200 200 - - - - - Sewer Extension for Easlhdl Shop 250 - 250 Total Sanitary Sewer 3,946 767 791 562 585 608 633 Stormwater Drainage Management Remote Telemetry Upgrades- Phase 11 & III 47 47 Garrison Creek 144 144 NPDES Permit 100 50 50 Outfall Treatment Facilities 876 876 Horseshoe Acres Pump Station 30 10 10 10 Spnngbrook Creek 150 150 Miscellaneous Drainage 4,522 667 712 740 770 801 833 Soos Creek Basin Improvements 5,679 419 1,460 1,000 900 950 950 Easthdl Shop 100 100 72nd Avenue (196th-2001h) 500 500 Military&260th Intersection Improvement 100 100 1-5& 2771h Intersection Improvement 300 300 124th Ave &248th Street Improvement 250 250 228th Corridor 1,500 750 750 116th Ave Improvements(256th to Kent Kangle) 1,000 500 500 Total Stormwater Drainage 15,298 2,413 3,082 3,050 2,420 2,251 2,083 li Water Projects East Hill Reservoir 2,850 500 1,050 1,300 Tacoma Interhe 7,935 4,624 2,159 43 1,070 39 Miscellaneous Water Improvements 3,317 500 520 541 563 585 608 Remote Telemetry Upgrades-Phase 1 140 140 3-Year Lrg Mtr& Vault Replacement Program 225 34 35 37 38 40 41 Update Kent's Water Comprehensive Plan 150 150 Hydrant Replacement Program 332 50 52 54 56 59 61 Clark Springs HCP 300 300 Clark Springs Fencing 60 60 Pump Station#5 Generation 75 75 Portable Generator 75 75 Total Water 15,459 1,734 6,281 4,091 700 1,904 749 Total Projects Funded 34,703 4,914 10,154 7,704 3,705 4,763 3,464 Page 6 of 6 49 jl ORDINANCE NO. I AN ORDINANCE of the city council of the city of Kent,Washington,amending Section 12.13.160 of the Kent City Code to amend the school impact fee schedule. �I WHEREAS, the city of Kent adopted a school impact fee program as authorized by Growth Management ement Act and RCW 82 02 050• and g WHEREAS, chapter 12 13 070 of the Kent City Code requires that the Capital Facilities Plans of the school districts be submitted to the city of Kent on an . annual basis for city council review,and that such review shall occur in conjunction with any update of the Capital Facilities Plan element of the City's Comprehensive Plan; and WHEREAS, the Kent and Federal Way School Districts have requested amendments to the text of the Comprehensive Plan to reflect proposed changes to impact fees, and WHEREAS, after a public hearing on January 27, 2003, before the Land j Use and Planning Board, the city council on March 4, 2003, approved Comprehensive Plan Amendment CPA-2002-2(E)to include the Capital Facilities Plans of the Kent and Federal Way School Districts, which include a change in proposed impact fees in the Federal Way School District to$3,865 00 for single-family and$1,086 00 for multifamily units,and which includes a change in proposed impact fees in the Kent School District to $4,147.00 for single-family and $2,554 00 for multifamily, and it ,, 1 School Impact Fee- 2002 WHEREAS, it is necessary to amend section 12.13.160 of the Kent City Code to reflect the Comprehensive Plan amendment that established a new base fee schedule for the Federal Way School District of $3,865 00 for single-family and j $1,086 00 for multifamily units, and for the Kent School District $4,147 00 for single- family and $2,554 00 for multifamily, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. -Amendment Section 12.13 160 of the Kent City Code is hereby amended as follows Sec. 12.13.160. Base fee schedule. The following fee shall be assessed for the indicated types of development: I School District Single Family Multi-family Multi-family studio I Kent,No. 415 S382w $2,'� $ 0.001 $4,147.00 $2,554.00 . Federal Way, No. 210 $2,616 00 S 89600 $ 0001 $3,865 00 $1,086 00 SECTION 2. - Severabih If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. I i SECTION 3. -f ective Date This ordinance shall take effect and be in force thirty(30) days from and after its passage,approval and publication as provided by law. JIM WHITE, MAYOR 2 School Impact Fee-2002 ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY PASSED day of 2003 APPROVED day of 2003. PUBLISHED day of 2003 I hereby certify that this is a true copy of Ordinance No passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated (SEAL) BRENDA JACOBER, CITY CLERK i P\Od\Ordnaxe\Schoollmpxt-300]dx i 3 School Impact Fee-2002 Kent City Council Meeting Date March 18, 2003 Category Consent Calendar 1. SUBJECT: COBLENTZ REZONE ORDINANCE—ADOPT 0 2. SUMMARY STATEMENT: Adoption of Ordinance No. relating to land use and zoning, rezoning property comprised of approximately 12.58 acres of property located at 22320 880'Avenue South, from Single Family Residential, eight(8) units per acre (SR-8), to Multifamily Residential Townhouse (MR-T16), (Coblentz Rezone, # RZ-2002-4) 3. EXHIBITS: Ordinance • 4. RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION. Council Agenda Item No. 6J 1 ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, relating to Land Use and Zoning, specifically the rezoning of approximately 12 58 acres of property located at 22320 88`h Avenue South from Single Family Residential, eight (8) units per acre (SR-8), to Multifamily Residential Townhouse(MR-T16) (Coblentz Rezone, #RZ-2002-4) WHEREAS, an application to rezone approximately 12 58 acres from the current zoning of Single Family Residential eight(8) units per acre(SR-8)to Multifamily Residential Townhouse(MR-T16)was filed on October 14,2002(Coblentz Rezone,#RZ- 2002-4); and WHEREAS,the city's SEPA responsible official issued a Determination of Nonsignificance(DNS) for the proposed rezone on December 5, 2000, and WHEREAS, a public hearing on the Coblentz Rezone was held before the hearing examiner on January 23, 2003; and WHEREAS,on February 5,2003,the hearing examiner issued findings that the Coblentz Rezone is consistent with the City Comprehensive Plan, that the proposed rezone and subsequent development activity would be compatible with the development in the vicinity, that the proposed rezone will not unduly burden the transportation system in 1 Coblentz Rezone the vicinity of the property with significant adverse impacts which cannot be mitigated,that circumstances have changed since the establishment of the current zoning district to warrant the proposed rezone, and that the proposed rezone will not adversely affect the, health, safety, and general welfare of the citizens of the city of Kent; and WHEREAS, the findings are consistent with the standards for rezone set forth in sections 15 09 050(A)(3) and 15 09 050(C) of the Kent City Code, and WHEREAS, the Kent Hearing Examiner recommended approval of the Coblentz Rezone on February 5, 2003, subject to the following condition being incorporated into the rezone ordinance and subsequently being tracked by the city's property information system ("KNA") Concurrent with the submittal of any site-specific application for development permit, the owner/developer shall provide a concurrency analysis to determine required public improvements needed to mitigate the I impacts of development This concurrency analysis must be conducted and completed in conformance with applicable City code in effect at the time the permit vests. Furthermore, prior to receiving a final inspection and/or Certificate of Occupancy for the development envisioned under the permit, the owner or developer shall fully construct the improvements identified and required by the concurrency analysis or make payments in lieu of construction as deemed appropriate by the city or Kent Public Works Director WHEREAS, on March 4, 2003, the city council moved to accept the; findings of the hearing examiner and the hearing examiner's recommendation for approval of the conditioned Coblentz Rezone from Single Family Residential, eight units per acre (SR-8)to Multifamily Residential Townhouse (MR-T16), NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS. 2 Coblentz Rezone SECTION I. -Rezone. The property located at 22320 88"'Avenue South, Kent,Washington consisting of approximately 12.58 acres depicted in Exhibit"A"attached and incorporated by this reference, and legally described in Exhibit "B" attached and incorporated by this reference, is rezoned as follows: King County tax parcel numbers 7757800155, 7757800220, 7757800221, and 7757800223 located in Kent, Washington, shall be rezoned from Single Family Residential, eight units per acre (SR-8) to Multifamily Residential Townhouse (MR-T16) The rezone is subject to the following condition- Concurrent with the submittal of any site-specific application for development permit, the owner/developer shall provide a concurrency analysis to determine required public improvements needed to mitigate the impacts of development This concurrency analysis must be conducted and completed in conformance with applicable City code in effect at the time the permit vests. Furthermore, prior to receiving a final inspection and/or Certificate of Occupancy for the development envisioned under the permit, . the owner or developer shall fully construct the improvements identified and required by the concurrency analysis or make payments in lieu of construction as deemed appropriate by the city or Kent Public Works Director. The city of Kent zoning map shall be amended to reflect the rezone granted above. SECTION 2. - Severability If any one or more sections, sub-sections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - Uecttve Date This ordinance shall take effect and be in force five(5)days from and after its passage,approval and publication as provided by law JIM WHITE, MAYOR 3 Cohlentz Rezone ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM. TOM BRUBAKER, CITY ATTORNEY i PASSED day of 2003. APPROVED day of 2003 PUBLISHED day of 2003 I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of' Kent as hereon indicated (SEAL) BRENDA JACOBER, CITY CLERK P\CnJWrAnm¢e\RezaKLabkmz doc 4 Coblentz Rezone 0 � o � � YI IJ ❑ �❑ q o mod=l G� o ❑ga q'�o p o _ ❑ PPo sY�'�s � ��❑ °011 eo �`=e3 O ❑ d� �o IBO� IWO a'G$a� �0 ❑ Q lop 13 1. 3 IL.J o ., CD a :.W a 0 c�a p ❑ � 4 a 13 Q � a ❑ ❑ T A a i v rtn N 3 6 3 m °, o rn Z o , C M °0 ,o c n d Q ray. T 1„ 0 c c� c c m » m NA fV 1�1� Mo w m y IA L4 d m o a Z• c -I m c " EXHIBIT "A" • LEGAL DESCRIPTION: PARCEL A: THAT PORTION OF TRACT 15 OF SHINNS CLOVERDALE ADDITION TO KENT, AS PER PLAT RECORDED IN VOLUME 6 OF PLATS, PAGE 52, RECORDS OF KING COUNTY, LYING SOUTHEASTERLY OF PRIMARY STATE HIGHWAY AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO. 5262487; SITUATE IN THE CITY OF KEINT, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B : LOTS 1 AND 2 OF SHORT PLAT NO. SPC-82-11, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 8303170675; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: TRACTS 28 AND 29 OF SHINNS CLOVERDALE ADDITION TO KENT, AS PER PLAT RECORDED IN VOLUME 6 OF PLATS, PAGE 52 , RECORDS OF KING COUNTY; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. EXHIBIT "B" Kent City Council Meeting Date March 18, 2003 Category Consent Calendar 1. SUBJECT: EXTENSION OF OCCUPATIONAL HEALTH SERVICES CONTRACT FOR MEDICAL SERVICES —APPROVE 2. SUMMARY STATEMENT: Approval of"Addendum One and Extension to Contract for Services"with Occupational Health Services (OHS) for an additional four months beginning 04/01/03 and ending 07/31/03. OHS provides certain required medical services to the mmates of CKCF. 3. EXHIBITS: Copy of OHS addendum and extension 4. RECOMMENDED BY: Public Safety Committee (3/11/03) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K ADDENDUM THREE AND EXTENSION TO CONTRACT FOR SERVICES THIS ADDENDUM THREE AND EXTENSION TO CONTRACT FOR SERVICES, entered into as of this day of , 2003, by the city of Kent, a Washington municipal corporation (hereinafter "city"), and the Public Hospital District No 1 of King County, a Washington municipal corporation d/b/a Valley Medical Center Occupational Health Services, (hereinafter"Contractor") WITNESSETH WHEREAS, the city is required to provide certain medical services to the inmates of the Kent Correctional Facility; and WHEREAS, the city desires to engage the Contractor to render said medical services to the inmates of the Kent Correctional Facility for an additional period, NOW THEREFORE, the parties do mutually agree as follows I The Contract for Services, entered into between the parties on or about December 13, 1999, which was extended by previous addendums until March 31, 2003, shall be extended for an additional four-month term, commencing April 1,2003, and ending July 31, 2003. 2 Contractor shall not increase the fee schedule for the period of this extension, and if the services of Contractor are requested for additional quarters of the year 2003,no increases in the fee schedule shall occur 3. The remainder of the original Contract for Services and the subsequent Addendums One and Two shall remain in full force and effect, except to the extent that the terms of said Contract for Services conflicts with this Addendum Three and Extension IN WITNESS WHEREOF, the parties hereto have caused this Addendum Three and Extension to be executed the day and year first above written CITY CONTRACTOR- City of Kent Public Hospital District No. 1 of King County d/b/a Valley Medical Center Occupational Health Services By By Print Name. Jim White Print Name Its Mayor Its: ADDENDUM TWO AND EXTENSION TO CONTRACT FOR SERVICES- I of 2 City of Kent/VMC-OHS-3/12/03 C\DDCUME-I WSio mlLOCALS-I\Temp cuptmHwlshSvcs-AM umThrc doe By: . Pnnt Name: Ed Crawford Its: Chief of Police ATTEST: ATTEST- By- By- Brenda Jacober, City Clerk Print Name and Title: APPROVED AS TO FORM: By. Arthur"Pat'Fitzpatnck Deputy City Attorney for the City of Kent P\ i%il\FILESO nFiks 6W cupatwnHealt Sv AddendumTMee doc ADDENDUM TWO AND EXTENSION TO CONTRACT FOR SERVICES-2 of 2 City of KenWMC-OHS-3/12/03 C\ WUME-I\MSmvroiu\LOCALS-I\Ta W\ =pmionHo Bh -AddendumTh doc Kent City Council Meeting Date March 18, 2003 Category Consent Calendar 1. SUBJECT: PUGET SOUND ENERGY CONSTRUCTION AGREEMENT FOR 1 ST AVE. N. & 4TH AVE. N. UNDERGROUND CONVERSION— AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign an Agreement with Puget Sound Energy to convert the overhead utilities within the I"Avenue N /e Avenue N project to underground subject to the Public Works Director's and the City Attorney's concurrence of the language therein. 3. EXHIBITS: Public Works Director memorandum and agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6L PUBLIC NVORKS DEPARTMENT Don E. Wickstrom, P.E Public Works Director 40..00�. 01*2 KENT Phone 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 3, 2003 To: Public Works Committee From: Don Wickstrom, RE Public Works Director RE- Puget Sound Energy Construction Agreement for h'Avenue N. and 0 Ax enue N. Underground Power Com ersion As part of the Kent Station project, the City is widening I" Ave N and 4'h Aie. N. beh%een lames St. and Temperance St. Along both streets overhead utilities need to be convened to underground in accordance with City ordinance. The attached agreement with Puget Sound Energy establishes a scope of work,schedule, and costs for PSE's work.. The Public Works Director recommends approval of the agreement and that the Mayor be authorized to sign same. Motion: Recommend authorizing the Mayor to sign the Puget Sound Energy Construction Agreement upon concurrence of the language therein by the City Attorney and the Public Works Director. SCHEDULE 74 UNDERGROUND CONVERSION Project Construction Agreement Project Name 151/41'Avenue Conversion Project Number: 101011034 THIS Agreement,dated as of this_day of , 200_, is made by and between the CITY OF KENT, a Municipal Corporation (the"Government Entity"), and PUGET SOUND ENERGY, Inc,a Washington Corporation (the"Company"). RECITALS A. The Company is a public service company engaged in the sale and distribution of electric energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its electric distribution facilities within the jurisdictional boundaries of the Government Entity B. The Government Entity has determined that it is necessary to replace the existing overhead electric distribution system within the area specified in the Project Plan (as defined below) (the "Conversion Area") with a comparable underground electric distribution system, all as more specifically described in the Project Plan (the "Conversion Project"). C. The Government Entity and the Company have previously entered into a Project Design Agreement dated as of September 12, 2002 (the"Design Agreement"),pursuant to which the parties completed certain engineering design,cost assessment, operating rights planning and other preliminary work relating to the Conversion Project and, in connection with that effort, developed the Project Plan. D. The Government Entity and the Company wish to execute this written contract in accordance with Schedule 74 of the Company's Electric Tariff G ("Schedule 74")to govern the completion of the Conversion Project, which both parties intend shall qualify as an underground conversion under the terms of Schedule 74 AGREEMENT The Government Entity and the Company therefore agree as follows: 1. Definitions. (a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same meanings when used in this Agreement, including,without limitation, the following i) Cost of Conversion; u) Public Thoroughfare; iii) Temporary Service; IV) Trenching and Restoration; v) Underground Distribution System;and vQ Underground Service Lines. (b) "Company-Initiated Upgrade"shall mean any feature of the Underground Distribution System which is required by the Company and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, a'comparable'system shall include,unless the Parties otherwise agree,the number of empty ducts (not to exceed two(2), typically having a diameter of 6'or less) Construction Agreement: Schedule 74 , City of Kent: IN"Avenue Conversion PSE#101011034 of such diameter and number as may be specified and agreed upon in the Project Plan necessary to replicate the load-carrying capacity(system amperage class)of the overhead system being replaced. (c) "Estimated Reimbursable Private Conversion Costs" shall mean the Company's good faith estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6,below. (d) "Estimated Reimbursable Temporary Service Costs" shall mean the Company's good faith estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below (e) "Estimated Reimbursable Upgrade Costs"shall mean the Company's good faith estimate of the Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (f) "Estimated Shared Company Costs"shall mean the Company's good faith estimate of the Shared Company Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below (g) "Estimated Shared Government Costs"shall mean the Government Entity's good faith estimate of the Shared Government Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6,below (h) "Government-Requested Upgrade"shall mean any feature of the Underground Distribution System which is requested by the Government Entity and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, any empty ducts installed at the request of the Government Entity shall be a Government-Requested Upgrade. 40 (i) "Par y'shall mean either the Company,the Government Entity,or both. 0) "Private Property Conversion"shall mean that portion, if any, of the Conversion Project for which the existing overhead electric distribution system is located, as of the date determined in accordance with Schedule 74, (1) outside of the Public Thoroughfare,or(n) pursuant to rights not derived from a franchise previously granted by the Government Entity or pursuant to rights not otherwise previously granted by the Government Entity. (k) "Project Plan"shall mean the project plan developed by the Parties under the Design Agreement and attached hereto as Exhibit A, as the same may be changed and amended from time to time in accordance with Section 6, below. The Project Plan includes, among other things,()a detailed description of the Work that is required to be performed by each Party and any thud party, (u)the applicable requirements and specifications for the Work, (n) a description of the Operating Rights that are required to be obtained by each Party for the Conversion Project (and the requirements and specifications with respect thereto), (1v) an itemization and summary of the Estimated Shared Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any)and Estimated Reimbursable Upgrade Costs (if any), and(v)the Work Schedule. (1) "Operating Rights"shall mean sufficient space and legal rights for the construction,operation, repair,and maintenance of the Underground Distribution System. (m) "Reimbursable Private Conversion Costs"shall mean(i)all Costs of Conversion,it any,incurred by the Company which are attributable to a Private Property Conversion, less (u)the distribution pole replacement costs (d any) that would be avoided by the Company on account of such Private Property Conversion,as determined consistent with the applicable Company distribution facilities Construction Agreement: Schedule 74 x City of Kent: 1"14"Avenue Conversion PSE 4101011034 replacement program,plus(m)just compensation as provided by law for the Company's interests in real property on which such existing overhead distribution system was located prior to conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to the Costs of Conversion under subparagraph (i)of this paragraph shall not exceed the Estimated Reimbursable Private Conversion Costs without the prior written authorization of the Government Entity. (n) "Reimbursable Temporary Service Costs"shall mean all costs incurred by the Company which are attributable to (i)any facilities installed as part of the Conversion Project to provide Temporary Service,as provided for in Schedule 74,and (u)the removal of any facilities installed to provide Temporary Service (less salvage value of removed equipment); provided that the Reimbursable Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs without the prior written authorization of the Government Entity. (o) "Reimbursable Upgrade Costs"shall mean all Costs of Conversion incurred by the Company which are attributable to any Government-Requested Upgrade; provided that the Reimbursable Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior written authorization of the Government Entity. (p) "Shared Company Costs" shall mean all Costs of Conversion (other than Reimbursable Upgrade Costs,Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs) incurred by the Company in connection with the Conversion Project,provided,however,that the Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior written authorization of the Government Entity. For the avoidance of doubt, the "Shared Company Costs'shall, as and to the extent specified in the Design Agreement, include the actual, reasonable costs to the Company for the "Design Work"performed by the Company under the Design Agreement. (q) "Shared Government Costs" shall mean all Costs of Conversion incurred by the Government Entity in connection with (i) any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity as part of the Government Work, and(u)the acquisition of any Operating Rights which the Parties have, by mutual agreement, specified in the Project Plan are to be obtained by the Government Entity for the Conversion Project, but only to the extent attributable to that portion of such Operating Rights which is necessary to accommodate the facilities of the Company;provided,however,that the Shared Government Costs shall not exceed the Estimated Shared Government Costs without the prior written authorization of the Company. (r) "Total Shared Costs"shall mean the sum of the Shared Company Costs and the Shared Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include,without limitation, (i) costs to the Government Entity for Trenching and Restoration, or(u)costs associated with any joint use of trenches by other utilities as permitted under Section 3(b). (s) "Work"shall mean all work to be performed in connection with the Conversion Project,as more specifically described in the Project Plan, including,without limitation,the Company Work(as defined in Section 2(a), below) and the Government Work(as defined in Section 3(a),below). (t) "Work Schedule"shall mean the schedule specified in the Project Plan which sets forth the milestones for completing the Work, as the same may be changed and amended from time to time in accordance with Section 6, below. 2. Obligations of the Company. Construction Agreement:Schedule 74 3 City of Kent 10/0 Avenue Conversion PSE#101011034 (a) Subject to the terms and conditions of this Agreement,the Company shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in,the Project Plan(the"Company Work"): i) furnish and install an Underground Distribution System within the Conversion Area (excluding any duct and vault installation or other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity); ii) provide a Company inspector on-site at the times specified in the Work Schedule to inspect the performance of any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity,and iii) upon connection of those persons or entities to be served by the Underground Distribution System and removal of facilities of any other utilities that are connected to the poles of the overhead system, remove the existing overhead system (including associated wires and Company-owned poles) of 15,000 volts or less within the Conversion Area except for Temporary Services. (b) Upon request of the Government Entity,the Company shall provide periodic reports of the progress of the Company Work identifying(i)the Company Work completed to date,(n)the Company Work yet to be completed,and (w)an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Company Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs(if any),the Estimated Reimbursable Upgrade Costs (d any) and the Work Schedule. (c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own,operate and maintain all electrical facilities installed pursuant to this Agreement including,but not limited to, the Underground Distribution System and Underground Service Lines. (d) Subject to the terms and conditions of this Agreement,the Company shall perform all Company Work in accordance with the Project Plan,the Work Schedule and this Agreement. 3. Obligations of the Government Entitv. (a) Subject to the terms and conditions of this Agreement,the Government Entity shall do the following as specified in,and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Government Work"): i) provide the Trenching and Restoration; u) perform the surveying for alignment and grades for ducts and vaults;and hi) perform any duct and vault installation and other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity. (b) Other utilities may be permitted by the Government Entity to use the trenches provided by the Government Entity for the installation of their facilities so long as such facilities or the installation thereof do not interfere (as determined pursuant to the Company's electrical standards) with the Underground Distribution System or the installation or maintenance thereof. Any such use of the trenches by other utilities shall be done subject to and in accordance with the joint trench design specifications and installation drawings set forth or otherwise identified in the Project Plan,and the Government Entity shall be responsible for the coordination of the design and installation of the facilities of the other utilities to ensure compliance with such specifications and drawings. (c) Upon request of the Company,the Government Entity shall provide periodic reports of the progress of the Government Work identifying (i)the Government Work completed to date,(n) the Government Work yet to be completed, and (m)an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Government Costs and the Work Schedule. Construction Agreement.Schedule 74 + City o1 Kent: 10/4"Avenue Conversion PSE #101011034 (d) The Government Entity shall be responsible for coordinating all work to be performed in connection with the street improvement program within the Conversion Area. (e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all Government Work in accordance with the Project Plan,the Work Schedule and this Agreement. 4. Work Schedule. (a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in the Project Plan. Changes to the Work Schedule shall be made only in accordance with Section 6, below. (b) Promptly following the execution of this Agreement, and upon completion by the Government Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction meeting involving all participants in the Conversion Project to review project design, coordination requirements, work sequencing and related pre-mobilization requirements. Following the pre- construction meeting, the Government Entity shall give the Company written notice to proceed with the Work at least ten (10) business days prior to the commencement date specified in the Work Schedule. (c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work assigned to it under this Agreement in accordance with the Work Schedule. So long as the Company performs the Company Work in accordance with the Work Schedule, the Company shall not be liable to the Government Entity (or its agents, servants, employees, contractors, subcontractors, or representatives) for any claims, actions, damages, or liability asserted or arising out of delays in the Work Schedule. 5. Location of Facilities. • All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable provisions of Schedule 74, as specified by the Parties in the Project Plan. 6. Changes. (a) Either Party may,at any time, by written notice thereof to the other Party, request changes in the Work within the general scope of this Agreement (a 'Request for Change'), including,but not limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (n) changes in the specifications,drawings and other requirements in the Project Plan, (m)changes in the Work Schedule, and (iv)changes in the location, alignment,dimensions or design of items included in the Work. No Request for Change shall be effective and binding upon the Parties unless signed by an authorized representative of each Party (b) If any change included in an approved Request for Change would cause a change in the cost of, or the time required for,the performance of any part of the Work, an equitable adjustment shall be made in the Estimated Shared Company Costs, the Estimated Shared Government Costs,the Estimated Reimbursable Private Conversion Costs (if any),the Estimated Reimbursable Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any)and/or the Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment If the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10,below. (c) The Work Schedule,the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs,the Estimated Reimbursable Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further Construction Agreement Schedule 74 s City of Kent: 1 NO Avenue Conversion PSE#101011034 equitably adjusted from time to time to reflect any change in the costs or time required to perform the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11, below, (n)the discovery of any condition within the Conversion Area which affects the scope,cost, schedule or other aspect of the Work and was not known by or disclosed to the affected Party prior to the date of this Agreement, or(iii) any change or inaccuracy in any assumptions regarding the scope,cost,schedule or other aspect of the Work which are expressly identified by the Parties in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time thereafter,the Parties are unable to agree upon the terms of the equitable adjustment,either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. (d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in accordance with any approved Request for Change. Any request to proceed hereunder must be accompanied by a written statement setting forth the requesting Party's reasons for rejecting the proposed equitable adjustment of the other Party. 7. Compensation and Payment (a) Subject to and in accordance with the terms and conditions of this Agreement (including, without limitation,the payment procedures set forth in this Section 7),payment in connection with the Conversion Project and this Agreement shall be as follows- I) The Total Shared Costs shall be allocated to the Parties in the following percentages: (A)sixty percent(60%)to the Company, and(B)forty percent(40%)to the Government Entity. ii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Private Conversion Costs, if any. iii) The Government Entity shall pay one hundred percent(100%)of all Reimbursable Upgrade Costs, it any. iv) The Government Entity shall pay one hundred percent(100%)of all Reimbursable Temporary Service Costs, if any. v) The Government Entity shall pay one hundred percent (100%)of the costs it incurs to perform that portion of the Government Work specified in Section 3(a)(1)and(u) (1 e., Trenching and Restoration and surveying). vi) The Company shall pay one hundred percent(100016) of the costs it incurs to design, provide and construct any Company-initiated Upgrade. vn) The Company shall pay one hundred percent(100%) of the costs it incurs to obtain Operating Rights outside the Public Thoroughfare. (b) Based on the allocation of responsibilities set forth in Section 7(a), above,the Parties shall determine the net amount payable by the Government Entity or the Company,as applicable,to the other Party under this Agreement (the "Net Amount'). The Net Amount shall be determined by using the amount of the Total Shared Costs allocated to the Government Entity under Section 7(a)(i), and adjusting such amount as follows: t) Subtracting (as a credit to the Government Entity)the amount of the Shared Government Costs. n) Adding (as a credit to the Company)the amount of all Reimbursable Private Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary Service Costs. iii) Subtracting (as a credit to the Government Entity)any payments previously made to the Company by the Government Entity under the Design Agreement which,under the terms of the Design Agreement,are to be credited to the Government Entity under this Agreement. Construction Agreement:Schedule 74 B City of Kent: 10/40 Avenue Conversion PSE#101011034 The Net Amount, as so calculated, (A)will be an amount payable to the Company if it is a positive number, and (8) shall be an amount payable to the Government Entity if it is a negative number. . (c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity shall provide the Company with an itemization of the Shared Government Costs (the"Government Itemization"),together with such documentation and information as the Company may reasonably request to verify the Government Itemization. The Government Itemization shall, at a minimum, break down the Shared Government Costs by the following categories, as applicable. O properly and related costs incurred and/or paid by the Government Entity,including any costs of obtaining Operating Rights, and (u) construction costs incurred and/or paid by the Government Entity, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent,contractor or subcontractor of the Government Entity. (d) Within thirty(30) business days after the Company's receipt of the Government Itemization and requested documentation and information,the Company shall provide the Government Entity a written statement (the "Company Statement") showing (i)an itemization of the Shared Company Costs, (n)the Parties'relative share of the Total Shared Costs based on the Company's itemization of the Shared Company Costs and the Government Entity's itemization of the Shared Government Costs set forth in the Government Itemization, (m) any Reimbursable Private Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v)any Reimbursable Temporary Service Costs, (vi)any credits to the Government Entity for payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement,and (vii) the Net Amount,as determined in accordance with Section 7(b),above,together with such documentation and information as the Government Entity may reasonably request to verify the Company Statement. The itemization of the Shared Company Costs included in the Company Statement shall,at a minimum, break down the Shared Company Costs by the following categories, as applicable: (i) design and engineering costs, and (u) construction costs,including and listing separately inspection,labor, materials and equipment, overhead and all costs charged by any agent,contractor or subcontractor of the Company. (e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement and requested documentation and information, the Net Amount shall be paid by the owing Party to the other Party, as specified in the Company Statement. S. Indemnification. (a) The Government Entity releases and shall defend,indemnity and hold the Company harmless from all claims, losses, harm, liabilities, damages, costs and expenses(including, but not limited to, reasonable attorneys'tees) caused by or arising out of any negligent act or omission or willful misconduct of the Government Entity in its performance under this Agreement. During the performance of such activities the Government Entity's employees or contractors shall at all times remain employees or contractors, respectively, of the Government Entity. (b) The Company releases and shall defend, indemnify and hold the Government Entity harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys'tees) caused by or arising out of any negligent act or omission or willful misconduct of the Company in its performance under this Agreement. During the performance of such activities the Company's employees or contractors shall at all times remain employees or contractors,respectively, of the Company. (c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8, each Party expressly waives its immunity under Title 51 of the Revised Code of Washington,the Industrial Insurance Act, and agrees that the obligation to indemnify,defend and hold harmless provided for in this Section 8 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way Construction Agreement Schedule 74 City of Kent: 1"/4°Avenue Conversion PSE#101011034 preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. . 9. Conversion of Service to Customers within Conversion Area (a) Upon commencement of the Work, the Government Entity shall notify all persons and entities within the Conversion Area that service Imes to such customers must be converted from overhead to underground service within the applicable statutory period following written notice from the Government Entity that service from underground facilities are available in accordance with RCW 35 96 050. Upon the request of any customer, other than a single family residential customer, within the Conversion Area, the Company shall remove the overhead system and connect such persons'and entities' Underground Service Lines to the Underground Distribution System. (b) The Parties acknowledge that single family residences within the Conversion Area must(1) provide a service trench and conduit, in accordance with the Company's specifications,from the underground meter base to the point of service provided during the conversion,and(it)pay for the secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The Government Entity shall exercise its authority to order disconnection and removal of overhead facilities with respect to owners fading to convert service Imes from overhead to underground within the timelines provided in RCW 35.96 050. 10. Dispute Resolution. (a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the other Party in writing as to the nature of the dispute. Each Party shall appoint a representative who shall be responsible for representing the Party's interests. The representatives shall exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10)business . days of the date the disagreement was first raised by written notice shall be referred by the Parties' representatives in writing to the senior management of the Parties for resolution. In the event the senior management are unable to resolve the dispute within twenty (20)business days (or such other period as the Parties may agree upon),each Party may pursue resolution of the dispute through other legal means consistent with the terms of this Agreement. All negotiations pursuant to these procedures for the resolution of disputes shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the slate and federal rules of evidence. (b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable adjustment under Section 6,above,or the compensation payable by or to either Party under Section 7,above, and which is not resolved by senior management within the time permitted under Section 10(a), above, shall be resolved by arbitration in Seattle,Washington,under the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The decision(s)of the arbitrators) shall be final,conclusive and binding upon the Parties. All other disputes shall be resolved by litigation in any court or governmental agency, as applicable,having jurisdiction over the Parties and the dispute. (c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms and other common costs shall be divided equally among the Parties. Each Party shall bear the cost and expense of preparing and presenting its own case (including, but not limited to, its own attorneys'fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses (including,but not limited to, reasonable attorneys'fees) by the other Party. (d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their respective obligations under this Agreement during the pendency of any dispute. Construction Agreement:Schedule 74 e City of Kent: 10/0 Avenue Conversion PSE#101011034 11. Uncontrollable Forces In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control(a"Force Majeure Event"),then that Party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers, laws,regulations, rules or orders of any governmental agency; sabotage;strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee,agent or contractor of the Party claiming a Force Majeure Event,in connection with the Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event. 12. Insurance (a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the duration of the Conversion Project (or, if sooner, until termination of this Agreement) comprehensive general liability insurance,with a minimum coverage of$2,000.000 per occurrence and $2.000.000 aggregate for personal injury;and $2 000.000 per occurrence/ aggregate for property damages, and professional liability insurance in the amount of$2,000.000. (b) The Government Entity shall ensure that each of its contractors performing any Government Work secures and maintains in force throughout the duration of the Conversion Project (or, it sooner, until termination of this Agreement) insurance policies having the same coverage, amounts and limits as specified Section 12(a), above. (c) In lieu of the insurance requirements set forth in Section 12(a),above, the Company may self- insure against such risks in such amounts as are consistent with good utility practice. Upon the Government Entity's request,the Company shall provide the Government Entity with reasonable written evidence that the Company is maintaining such self-insurance. 13. Other. (a) Agreement Subiect To Tariff This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff as approved by the Washington Utilities and Transportation Commission and in effect as of the date of this Agreement. (b) Termination- The Government Entity reserves the right to terminate the Conversion Project and this Agreement upon written notice to the Company. In the event that the Government Entity terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the Company for all costs reasonably incurred by the Company in connection with the Work performed prior to the effective date of termination. In such event,the costs reimbursable to the Company(i) shall not be reduced by any Shared Government Costs or other costs incurred by the Government Entity, and (u) shall be paid within thirty(30)days after the receipt of the Company's invoice therefor. Sections 1, 5,7, 8,9, 10, 11 and 13 shall survive any termination of the Conversion Project and/or this Agreement. (c) Facilities Greater Than 15.000 Volts. Nothing in this Agreement shall in any way affect the rights or obligations of the Company under any previous agreements pertaining to the existing or future facilities of greater than 15,000 Volts within the Conversion Area. Construction Agreement:Schedule 74 9 City of Kent: 1"14'"Avenue Conversion PSE #101011034 (d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply with all applicable federal,state, and local laws,ordinances,and regulations. (e) No Discrimination. The Company,with regard to the Work performed by the Company under this Agreement,shall comply with all applicable laws relating to discrimination on the basis race, color, national origin, religion, creed, age,sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. (f) Independent Contractor. The Company and the Government Entity agree that the Company is an independent contractor with respect to the Work and this Agreement. The Company is acting to preserve and protect its facilities and is not acting for the Government Entity in performing the Work. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties. Neither the Company nor any employee of the Company shall be entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this Agreement. The Government Entity shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Company, or any employee of the Company. (g) Nonwaiver of Rights or Remedies. No failure or delay of either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any other right under this Agreement, and no course of dealing or performance with respect thereto,shall, except to the extent provided in this Agreement, be construed as a waiver or,or choice of,or relinquishment of any right under any provision of this Agreement or any right at law or equity not otherwise provided for herein. The express waiver by either Party of any right or remedy under this Agreement or at law or equity in a particular instance or circumstance shall not constitute a waiver thereof in any other instance or circumstance. (h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement. Nothing contained in this Agreement is intended to confer any right or interest on anyone other than the Parties,their respective successors,assigns and legal representatives. (i) Governmental Authontv. This Agreement is subject to the rules, regulations,orders and other requirements, now or hereafter in effect, of all governmental regulatory authorities and courts having jurisdiction over this Agreement,the Parties or either of them. All laws, ordinances, rules, regulations,orders and other requirements,now or hereafter in effect, of governmental regulatory authorities and courts that are required to be incorporated into agreements of this character are by this reference incorporated in this Agreement. ()) No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the Parties or to impose any partnership obligations or liability upon either Party. Further, neither Party shall have any right, power or authority to enter mto any agreement or undertaking for or on behalf of, to act as or be an agent or representative of,or to otherwise bind the other Party. (k) Severability. In the event that any provision of this Agreement or the application of any such provision shall be held invalid as to either Party or any circumstance by any court having jurisdiction,such provision shall remain in force and effect to the maximum extent provided by law, and all other provisions of this Agreement and their application shall not be affected thereby but shall remain in force and effect unless a court or arbitrator holds they are not severable from the invalid provisions. Construction Agreement: Schedule 74 +o City of Kent:15'10 Avenue Conversion PSE#101011034 (I) Notice. Any notice under this Agreement shall be in writing and shall be faxed(with a copy followed by mad or hand delivery),delivered in person,or mailed, properly addressed and stamped with the required postage,to the intended recipient as follows' It to the Government Entity. City of Kent Attn: Fax: If to the Company: Puget Sound Energy, Inc. 6905 South 2281b Street,SKC-SVC Kent,WA 98032 Attn:Mary Ausburn,AICP Fax- (253) 395-6835 Any Party may change its address specified in this Section 13(I)by giving the other Party notice of such change in accordance with this Section 13(I). (m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the laws of the State of Washington (without reference to rules governing conflict of laws),except to the extent such laws may be preempted by the laws of the United States of America. (n) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and all other agreements and understandings of the Parties,whether written or oral,with respect to the subject matter of this Agreement are hereby superseded in their entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein is intended to or shall alter, amend or supersede the Design Agreement and the same shall remain in full force and effect in accordance with its terms. (o) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns, purchasers,and transferees of the Parties, including but not limited to,any entity to which the rights or obligations of a Party are assigned,delegated,or transferred in any corporate reorganization, change of organization,or purchase or transfer of assets by or to another corporation,partnership,association,or other business organization or division thereof. Government Entity: Company: CITY OF KENT PUGET SOUND ENERGY, INC BY BY ITS ITS Date Signed Date Signed Approved as to form: AWVk- I lm � LLB Construction Agreement:Schedule 74 „ City of Kent. 1'14"Avenue Conversion PSE #101011034 PUGETSOUNDENERGY Schedule 74 Construction Agreement Exhibit A "Project Plan" Citv of Kent: lst Avenue North and 4'h Avenue North Conversion This Project Plan describes work to be performed by Puget Sound Energy(PSE)and the City of Kent (the City)for the conversion of certain PSE electrical distribution system facilities as described herein (the Conversion Project) In addition to this document, the Project Plan includes and consists of: All relevant drawings and specifications for the Conversion Project work All relevant PSE Standards for installation of PSE facilities • The Project Cost Estimate document(s) Revisions to this Project Plan must be mutually apVroved by the City and PSE Scope of Mork The project includes conversion of the existing overhead electrical distribution facilities ()5 kV or less) to underground facilities within the City public thoroughfare along portions of Mo separate roadways, 1" Avenue North and 4'h Avenue North. The project limits along both roadways are from the north side of West James Street to approximately Nest Temperance Street. The portion of the project along I" Avenue North extends a distance of approximately 1,010 feet and the portion of the project along 4'h Avenue North extends a distance of approximately 1,120 feet. A new connection point for every customer within the conversion area will be provided by the new underground system Responsibilities of Parties City a) The City will provide all surveying for equipment placement locations and establish all grade elevations for new PSE underground distribution facilities within the conversion area b) The City, or its contractor, will provide all necessary excavation, bedding, backfrll, off-site disposal, and site restoration for the conversion project, along with the coordination of other utilities participating in the conversion project c) The City, or its contractor, will install all ducts and vaults for the new PSE distribution facilities in accordance with PSE Standards using materials provided by PSE City of Kent 1 1"/4"Avenue North Underground Conversion #101011034 2/27/03 d) The City, or its contractor,will provide PSE, or its contractor, ten (10) working days notice of anticipated conduit and vault installation to allow for delivery of PSE's materials and scheduling of the on-site inspector. A working day is defined as Monday through Friday between the hours of 7.00 AM and 6 00 PNI, excluding holidays e) The City, orris contractor, shall provide a secure staging area for materials storage A schedule for vault deliveries must also be provided to coincide with the contractor's schedule f) The City will facilitate the conversion of the existing overhead sern ice to underground within the conversion area g) The City, orris contractor, is responsible for coordinating and scheduling removal of other utility attachments on PSE poles h) The City will provide ten (10) working days notice to schedule mobilization and tveck-out of PSE conductors, devices, equipment and poles. i) The City, or its contractor, is responsible for all flagging and traffic control, including Uniformed Officers when required, for the duct and vault installation phase of this project. j) The City, or its contractor, will provide scheduled excavation within two (2) working days notice at two (2) locations on 0 Avenue,w here PSE or its contractor's line crews will intercept energized facilities. In addition, the City or its contractor will be required to provide excavation for cut-over and transfer operations working directly%%A PSE or its contractor's line crews PSE a) PSE, or its contractor, will provide all of the duct and vault materials necessary for the electrical supporting structure, along with inspection services needed for overseeing the proper installation of such. Materials will be delivered within the ten (10) working day notice provided by the City. b) PSE will accept delivery of the completed duct and vault system once the new system has been "proofed" by the City,or its contractor. "Proofing" is defined as: free and clear of debris and damage, installed to the proper grade and location and containing a pulling line. c) Once vault and conduit installation is completed by the City and accepted by PSE,PSE or its contractor will complete and energize the new underground distribution within thirty(30) working days. d) PSE, or its contractor, will notify the City in writing when the new underground system is energized e) PSE or its contractor will perform cut-over and transfer of existing customers and facilities to the new underground system, where applicable City of Kent 2 i"/4*Avenue North Underground Conversion #101011034 2/27/03 f) PSE will remove the existing overhead system and poles within twenty(20) working days upon notice prodded by the City that all other utilities and services will be removed off of the poles. g) PSE, or its contractor, is responsible for all flagging and traffic control during the installation of wire and removal of the existing overhead system for this project h) PSE, or its contractor, will tamp fill holes left from pole removal with crushed rock i) The City has elected to install the conduit and vaults for this conversion project On-site inspection services are required for PSE facilities that are installed by the City, or their contractor. PSE will arrange for the inspection services. Operating Rights The existing overhead distribution facilities w ithm the Conversion Area are located within Public Thoroughfare. The Underground Distribution System will be located within Public Thoroughfare,or other equivalent rights (title to which shall be in the City's name) pursuant to Schedule 74 Section 3. Cost Allocation Cost allocation for this project will be governed by PSE's Rate Schedule 74. Please refer to the Compensation and Payment section of the Construction Agreement for additional information Cost Assumptions The project design, construction plans and cost estimates are based on the following assumptions. Construction conditions that are not consistent with these assumptions may result in a request for change or an equitable adjustment to project compensation under Section 6 of the Construction Agreement. 1. After substantial completion of the utility trenching work, PSE, or its contractor,will be provided continuous access to the construction site and associated electrical work during the core work day hours from 7.00AM to 6 00 PM Monday through Friday. 2. Should lane closures become necessary, PSE or its contractor will be limited to working between the hours of 8 00 AM and 5 00 PM or as specified by the City's traffic department. 3. Work -Ai ill be required on two (2) weekend days to cross James Street. Overtime premium pay will be required for those Potelco employees that work weekends. Inspection services and overtime premium pay for the two (2) weekend days that will be scheduled is included in the cost estimate. 4. The normal construction crew work schedule consists of five (5) eight-hour workdays per Week, within the core hours referenced in item 1. . City of Kent 3 1"/4 h Avenue North Underground Com ersion #101011034 2/27/03 5. inspection costs are based on the assumption that eighty-eiglmt (88) hours of inspection time will be necessary 6. Cutover and transfers of existing customers will be performed during the working period referenced in assumption 1. Overtime charges will apply for work performed outside of the working period referenced in assumption 1. 7. The cost estimate, prepared on approximately December 18, 2002, is based on a specific scope of work to be performed by PSE and/or their contractor with the assumption that PSE crews will have continuous productive work to install facilities in the conduits and energize the system, starling (approximately) in May, 2003. 8 The City provided hard copy preliminary plans for street improvements specifically for this conversion project dated August 9, 2002. These plans were utilized to develop the initial design plans for the conversion effort. Conduits and vaults shall be installed in accordance with PSE's Final Design Drawings delivered to the City on December 20, 2002. 9. City right-of-way use pemvts are the only permits necessary for PSE to install facilities in the conduits,energize the system and remove the existing overhead system and poles and will be issued within two (2)weeks of submitting a complete permit application (including any supporting documentation reasonably required by the City). The cost estimate assumes there will be no charge for the permit(s) 10. Uniformed Police officers are not included for traffic control that may be necessary dunng the wire-pulling and wreck-out stages of this project. 11. Conduits and vaults installed by the City for use by PSE are accessible and are installed to PSE standards suitable for pulling power conductors and installation of power equipment 12. Locations for new facilities as shown on the plans are available for use 13. Work requinng a scheduled disruption of electric sen ice to non-residential customers it ill be done during work hours specified in assumption 1. Outages shall be scheduled with a minimum of two (2)business days notice, more if possible. PSE or its contractor N%ill notify customers of pending outages 14. Work does not include installation and/or remora al of"temporary" facilities at the request of others during construction. 15. The current cost estimate is based on the installation of facilities at locations shown on the plans. 16. If the City requests multiple mobilizations for wreck out of electrical facilities, PSE will seek additional compensation. City of Kent 4 • 1°/40'Avenue North Underground Conversion #101011034 2/27/03 Additional Considerations Overhead Serrice Conversions There is one (1)overhead commercial service that will require conversion to underground within this conversion area. This service is to City owned street lighting along I"AN enue North,Just south of West James Street PSE rate schedule 85 will apply to this installation. Transfers and cut-overs Nvill be accomplished based on the completed applications recened for service conversions placed by the customers within the conversion area. Once all customers and the remaining utilities have transferred off the existing overhead system, PSE can begun removal of the overhead system. A'eiv Service Connection of new or increased load for City facilities(such as new traffic signals) under terms of PSE rate schedule 85 will be addressed on a separate work order and work sketch. Additional costs may apply and will be quoted separately. Service Disrnption Some PSE customers within the conversion area will expenence disruption of electric service as a result of this conversion. The following is a list of PSE customers within the com ersion area • and what PSE has determined to be the effect on these customers. 1 Bank of America/US Bank—No disruption of electric service anticipated. 2 King County Regional Justice Center— Service disruption of approximately eight (8) hours required for the transfer of existing PSE underground feeder conductors off of pole RO1 over to switch SWOT. 3 Kent Commons Community Center—Service disruption of approximately six (6) hours required to splice out existing underground primary conductors to new J-Box J02. 4 Sound Transit Station/Parking Facility-No disruption of electric service anticipated PSE Facility Design Standards The following PSE Design Standards are included in this Project Plan and may be applicable to this Conversion Project: 6325.3200 Underground Services 6775.0035 Vault, Handhole and Padmounted Equipment Location 6775.0040 Vault and Handhole Installation 6790.0110 Customer Supplied Trench for Commerci at/Multi family Developments 6800.4050 Depth of Burial Requirements for Underground Cable City of Kent 5 i"/40'Avenue North Underground Conversion /l101011034 2/27/03 6800.6000 PVC Conduit Installation 6825.6505 Installation of Electronic Markers Acceptance of Project Plan The City and PSE mutually agree to and accept this Project Plan as of the date indicated below: For the City: For PSE: By: By: Date: Date: i City of Kent 6 V9 41h Avenue Nonh Underground Conversion #101011034 2127/03 a a n zN nb d a Mw«MM N �•«MN«• M« «S «( « « W } �Ty [ i� !�I`.LfCU•�f,� w p .a�i�r-rtpti�• pwG «NMNM M .�«'•!N'f bit Nt LO 1y O Wou o > ♦ y }� 5.•.Y� c, KIt;_€a _ 4 c W J i• ir E r , 2, M . i0 P MY N .j�,M ryY M N M N f N 'a° z 4F e r^ a Aso as -�00-0. Ott 2 o [• . Q ry E yEn ui tom ; A J1 S IRt A » § i sT • € Elit i '� •� o f O .7 a F �i �� a� t E V D Kent City Council Meeting Date March 18, 2003 Category Consent Calendar 1. SUBJECT: 2ND AVENUE EXTENSION, W. TEMPERANCE ST. TO 4TH AVENUE—ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the 2"a Ave Ext. —W Temperance St to 4`s Ave project as complete and release the retainage to R.W. Scott Construction upon standard releases from the state and release of any liens. The original contract amount was $751,123.75. The final contract amount was $515,342.03. 3. EXHIBITS: Map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6M 3 S S S 208T a x r ro S 218TH T d z tojv)a_ m S 222ND ST Ln a x S 228T En Ln N VAK a m CID S 234TH T F ODD -1 sr OJECT LO z r a 2 N K W Ln SMITHa T ¢ N a MEEK R S qN a a o °' o O z_ x N 3 S 2N ST E x � WAL T S x a w / s 2 9TH ST �p a / O 3 > 2ND AVE EXTENSION 0 Kent City Council Meeting Date March 18, 2003 Category Consent Calendar 1. SUBJECT: WESTERN STATES ARTS FEDERATION TOURWEST GRANT— ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the Western States Arts Federation (WESTAFF) TourWest Grant and amend the Arts Commission budget for $2,250.00. Funds were used for the Linda Tillery and the Cultural Heritage Choir performance in February 2003. 3. EXHIBITS: Copy of contract 4. RECOMMENDED BY: Staff and Parks Committee (3/10/03) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: Revenue of$2.250.00 SOURCE OF FUNDS: Western States Arts Federation Grant 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6N May 31, 2002 TourWest IDff 129 2002-2003 TourWest Contract Presenter: City of Kent Arts Commission ArtisUCompany. Linda Tillery and the Cultural Heritage Choir Engagement Dates: 2/7/03 - 2l7103 Number of Outreach Activities: 1 Number of Public Performances: 1 TourWest Award Amount $2,250.00 Artistic Fees: $4,500 00 The Western States Arts Federation (WESTAF) shall assign the grant award amount for the presenter listed above following the return of a signed copy of this contract within 30 days of the date on the attached cover letter. Failure to return a signed copy of this contract in accordance with the schedule shall result in the forfeiture of the grant award. WESTAF shall pay the presenter 100%of the award amount listed above following the timely return of a completed 2002-2003 TourWest Final Report within 60 days following the engagement and these items: a copy of the performance program, a current season brochure, published press releases, feature stories, and/or reviews. If any dates, fees, and/or activities change at any time from those listed above, the presenter must notify WESTAF within 30 days of the change. NOTE Changes in plans may affect award amounts and must meet the goals and review criteria of the TourWest program. The above artistic fees shall be paid directly to the artist/company (or designated representative) by the presenter as per the artist-presenter contract. All TourWest supported engagements must include at least (1) public performance. A public performance is defined as a full-length performance for which promotion and marketing to the general public have been provided and the audience for which is a cross-section of the community (e.g. not primarily school-aged children during regular school hours ) All information and conditions contained in the 2002-2003 TourWest guidelines are incorporated herein. By signing this contract, the presenter agrees to comply with Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq ); Section 504 of the Rehabilitation Act of 1973 (29 U S.0 794) and the Americans with Disabilities Act of 1990 ("ADA") (42 U S C 12101- 12213), the Age Discrimination Act of 1975 (42 U S C 6101 et seq.); Title IX of the Education Amendments of 1972 (20 U S C. 1681 at seq.), and The Drug-Free Workplace Act of 1988 (41 U S C. 701 et seq. And 45 C.F R. pt 1154); as well as all regulations of the National Endowment for the Arts issued pursuant to these statutes, and the applicant thereby gives assurance to immediately take any measures necessary to comply Grantees must clearly acknowledge support from the National Endowment for the Arts and WESTAF in their programs and related promotional materials. Acknowledgement should be given in text and graphically by using the NEA and WESTAF logos Copies of both the WESTAF and NEA logos may be found on the WESTAF website Please point your browser to http//www westaf org. Alternately, you may request copies of these logos via regular or electronic mail by calling 303-629-1166. Acknowledgement of the Endowment and WESTAF's support can be phrased in a variety of ways—for example: Funding for the Commission and its programs is provided by the Western States Arts Federation and the National Endowment for the Arts. This project received support from the Washington State Arts Commission; WESTAF, the Western States Arts Federation, and the National Endowment for the Arts. I Compliance is mandatory with all requirements, paperwork, and related timelines as described herein, failure Ito do so may ieoaardiie current and/or future funding from W ESTAF. TourWest is made possible through support from the National Endowment for the Arts, the Western States Arts Federation (WESTAF), and its participating state arts agencies. Support through TourWest is contingent on available funds. We the undersigned understand and will comply with the terms of this contract. May 31, 2002 for WESTAF Date for Presenter Date Ronda Billerbeck, Cultural Programs Manager Name and title (typed) 220 4th At(enue South Address Kent, VA 98032-5895 City, State Zip 253-856-5050 Fax: 253-856-6050 Phone/Fax/E-mail Please return both pages to: W ESTAF 1543 Champa St, Suite 220 Denver, CO 80202 Phone: 3013/629-1166 Fax: 303/029-9717 E-mail ryonblum@westaf.org Kent City Council Meeting Date March 18, 2003 Category Consent Calendar 1. SUBJECT: VIOLENCE AGAINST WOMEN ASSOCIATION GRANT— ACCEPT AND ESTABLISH A BUDGET 2. SUMMARY STATEMENT: Accept the Safe Havens Supervised and Safe Exchange Grant from the Department of Justice, authorize the Mayor to execute appropriate contracts and establish a budget for $500,000.00. The City of Kent is one of four governmental entities nation wide to receive a Safe Havens demonstration initiative grant from the Department of Justice. Funds are provided through the Violence Against Women's Act 2000 (VAWA) to implement the opening of a center for supervised visitation and safe exchange of children, by and between parents, in situations involving domestic violence, child abuse, sexual assault, or stalking. 3. EXHIBITS: Overview of grant and copy of cooperative agreement 4. RECOMMENDED BY: Staff and Parks Committee (3/10/03) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: Revenue of$500,000.00 SOURCE OF FUNDS: Safe Havens: Supervised Visitation & Safe Exchange Grant 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 60 Parks, Recreation and Community Services 400� John Hodgson, Director� Phone 253-856-6-5110 \ 110 v KE T Fax 253-856-6050 Address. 220 Fourth Avenue S Kent,WA 98032-5895 Memorandum DATE: January 14, 2003 TO: Kent City Council - Parks Committee FROM: Katherin Johnson, Housing and Human Services Manager THROUGH: John Hodgson, Director Parks, Recreation & Community Services RE: SHB 2060 - Background/Introductory Information INTRODUCTION Substitute House Bill 2060 (SHB 2060), which was passed by the 2002 Washington State Legislature, levies a surcharge on document recordings. Funds generated from the recording fee will be used to fund low-income housing projects that are affordable to households with incomes at or below 50% of area median income (AMI). The portion of the funds that are retained by the county must be allocated in accordance with an interlocal agreement between the county and the cities. The Interlocal will soon be presented to the King County Council for adoption and will be presented to the Kent City Council for consideration shortly thereafter. PLANNING PROCESS BETWEEN COUNTY AND CITIES King County Executive, Ron Sims, invited City representatives and community stakeholders to participate in the planning process to develop guidelines for the allocation of 2060 funds.' County staff convened three meetings to produce the guidelines; Kent Housing and Human Services staff participated in all three . ' City representatives included Burien,Tukwila, Kent, Federal Way, Bellevue, Redmond, Kirkland, Issaquah, Shoreline, Covington, Seatac, Auburn, Seattle, and Bellevue In addition, a host of housing organizations participated in the planning process z Michigan, and Santa Clara County, California. The grant is administered by the Office onlViolence Against Women (OVW). Local agencies will partner with the City to fulfill its vision of opening a supervised visitation land exchange center. Partnering agencies include King County Superior iCourt; Washington State Coalition Against Domestic Violence; King Count Coalition Against Domestic Violence; Chaya; YWCA of Seattle; King County, Snohomish County, South King County Branch; and Communities Against (tape and Abuse (CARA) The Cooperative Agreement that the City must sign with the Department of Justice to accept the grant award will be presented to the Kent City Council to authorize the Mayor's signature. OVERVIEW OF SAFE HAVENS GRANT Grant Objectives The grant will respond to the needs of South King County residents through accomplishment of the following objectives- • Increase access to supervised visitation and exchange services for low and moderate-income family violence victims. • Identify and implement promising practices for supervised visitation and exchange services that are responsive to the needs of women and children victims of family violence. • Increase access to culturally sensitive visitation and exchange services for ethnic/racial minorities. • Identify and implement security procedures to create a state of the art visitation and exchange center that is safe for family violence victims • Increase communication between the court and the supervised visitation and exchange program to ensure court compliance and victim safety. • Increase referral to agencies that provide essential social services Safe Havens Will Fund the Following Initiatives: • Hire project staff, including a Planning Coordinator/Project Director • Convene an Advisory Board to plan for the opening of a supervised visitation and exchange center. • Train Advisory Board/collaborative • Develop written materials for the project • Translate program documents. • Provide interpreters to non-English/limited English proficient clients • Ensure that services are culturally sensitive and accessible to the region's multicultural community. • fray for program operating costs. 3 • Purchase building security devices. • Consult with other demonstration project staff and national family violence experts. Cost to the City • Human Services Staff Time, Approximately 25% of human services staff time will be devoted to project oversight, project-related travel, and other appropriate duties. (This projection is an average over the long-term, however, the percentage may exceed 25% at startup and prior to the hiring of project staff.) Human services staff time may be billed to the Safe Havens grant. • In-Kind Support: The City will seek in-kind support or foundation grants to secure additional security devices, hire interpreters, purchase computers and office supplies, furnish the center, etc • Project Site: Human Services staff will explore the possibility of housing the supervised visitation and exchange center in an existing publicly- owned facility that will be provided rent-free during the first two years of operation. The goal is for the center to become self-sufficient after the second year of operation. Exhibit: Cooperative Agreement • Recommended Motion: 1. Accept the Safe Havens $500,000 grant award from the Department of Justice, authorize the Mayor to execute appropriate contracts and establish a budget. srrtor U.S.DEPARTMENT OF JUSTICE 4 OFFICE OF JUSTICE PROGRAMS PAGE 1 OF 3 Office on Violence Cooperative Agreement Against Women 1 RECIPIENT NAME AND ADDRESS(Including Zip Code) 1 AWARDNUMBER, 2W3-CW-BX-K001 CHY of Kew 220 be.Auewu South 3 PROJECT PERIOD FROM O1101=03 TO 12131/20DS Kepi.WA 98032-5895 BUDGET PERIOD FROM OI00112003 TO 12J30005 6 AWARDDATE 02/2112003 7 ACTION IA GRANTEE 1RSIVENDOR NO S SUPPLEMENT NUMBER Imial 916001265 9 PREVIOUS AWARD AMOUNT s0 3 PROJECTTITLE IO AMOUNT OF THIS AWARD 3500,000 Safe Haven, Supemtsed VURatm and Safe Exchange Grant Pmgram 11 TOTAL AWARD 55DO ODD 12 SPECIAL CONDITIONS THE ABOVE GRANT PROJECT 15 APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED 3 PAGE(SI. 13 STATUTORY AUTHORITY FOR GRANT Thu pmlea u supported under 42 USC 10020 IS METHOD OF PAYMENT PAPRS AGENCYAPPROVAL GKANTEEACCEPTANCE 16 TYPED NAME AND TITLE OF APPROVING OJP OFFICIAL IS TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Deborah 1 Daoads lrm M hue Anuunt Atmmry General May. 17 SIGNATURE OF APPROVINg OJP OFFICIAL 19 SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A DATE AGENCY USE ONLY 20 ACCOUNTING CLASSIFICATION CODES 21 CW03DOD002 FISCAL FUND BUD DIV YEAR CODE ACT OFC REG SUB POMS AMOUNT X B CW 29 00 00 500000 OJP FORM 4000/2(REV 5-87)PREVIOUS EDITIONS ARE OBSOLETE OJP FORM 400012(REV 488) US DEPARTMENT Of JUSTICE AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS SHEET PAGE 2 OF 5 Office on Violence Cooperative Agreement n Against Women PROJECT NUMBER 2003-CW DX KO01 AWARD DATE 02RI12003 SPECIAL CONDITIONS 1 The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Jhutia Progners(01P)Financial Guide 2 The recipient acknowledges that failure to Submit an acceptable Equal Employment Opportunity Plan(tf reciphem as required to submit one pursuant to 28 C F R.Section 42 302),that is approved by the Once for Civil Rights,IS a violation of its Cemfied Assurances and may result in suspension or termination of funding,until such it=as the recipient a in complance 3 The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States, Local Governments,and Non-Profit Organizations,as further described in the current edition of the OJP Financial Guide,Chapter 19 4 The grantee agrees to comply with all relevant statutory and regulatory requirements including,but not limited to,the Violence Against Women Act of 1994,P L 103-322,the Violence Against Women Act of 2000,P L 106-386,the Safe Streets Act,42 U S C 3711 et seq,and STOP Violence Against Women Formula and Discretionary Grants Program Final Rule,28 CFR Part 90 5 Supervised Visitation Grant Program grantees are required to develop formal affiliations with organizations that will be able to provide services and consultation to the programs in their work with children and parents Accordingly, grantees must establish an advisory board which includes experts in the following fields child abuse and neglect, mental health,substance abuse counseling,batterers'intervention,law enforcement,child protection services,and advocacy for victim of domestic violence and sexual assault 6- The grantee agrees to submit for OV W review and approval any anticipated addition of,removal of,or change in collaborating partner agencies or individuals who are signatories of the Memorandum of Understanding 7 The grantee agrees to submit one copy of all reports and proposed publications resulting from this agreement twenty (20)days prior to public release for O V W review and approval Any publications(written,visual,or sound),whether published at the grantee's or govemment's expense,shall contain the following statements "This project was supported by Grant No awarded by the Violence Against Women Ogee, Office of Jutice Programs,US Department of Justice Points of view in this document arc those of the author and do not necessarily represent the official position or policies of the US Department of Justice"(NOTE This excludes press releases,newsletters,and issue analyses) 8 The recipient agrees io submt quarterly financial reports on Standard Form SF 269A, These reports will be submitted within 45 days a8er the end of the calendar quarter,and a final report is due 120 days following the end of the award period The reports shall be submitted to the Office of Justice Programs,Office of the Comptroller,Ann Control Desk,Room 5303,810 7th Street,N W„Washington,D C 2053 L O1P FORM 400M(REV 4-89) US DEPARTMENT OF JUSTICE AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS ? SHEET PAGE 3 OF J f F Office on Violence Cooperative Agreement won Against Women PROJECT NUMBER 2003-CW Bx K001 AWARD DATE 02212003 SPECIAL COND?IONS 9. (a)The grantee agrees to submit semiannual progress reports that describe project activities during the reporting period Progress reports must be submitted within 30 days after the end of the reporting periods,which are January IJune 30 and Julyl-J&ccmber 31 for the life of the award Future awards and fund drawdowns will be withheld if the progress reports arc delinquent. The report should be submitted to the Once of Justice Programs Office of the Comptroller, Am Control Desk,Room 5303,810 7th Street,NW,Washington,DC 20531. (b)A final report which prow des a summary of progress toward achieving the goals and objectives of the award, signifscam results,and any products developed under the award,is due 120 days after the end ofthe award Future awards and fund dnwdowns may be withheld if the final report is dclmquML The report should be submitted to the Office of Justice Programs Ogee of the Comptroller,Ann Control Dealt,Room 5303,810 7th Street NW, Washington,DC 20531. (c)The grantee shall include in each progress report that it submits to the Office on Violence Against Women the cumulative number ofpersons that have M"rved services through the project detailing the nature of victimization (domestic violence,sexual assault,and/or stalking),for what kind of cm the person received services,as well as the number of those persons that received services during each respective reporting period,the number of persons who were refused Sernees and the reason for the refusal of services Additionally,w here applicable,the granite shall dctal project attornty s and/or advocate's caseload 10. The grantee agrees to provide OV W with the following,additional data in each progress report. VAWO a statutorily required to collect data on the number of child abuse Victims served or denied services and the reason for mfusal of services Additionally,the grantee shall provide information on security or safety problems concerning persons served by the program which occurred during the reporting period and the number of cases referred by civil,criminal,and/or family courts. 11. In accordance with the Government Performance and Results Act(GPRA),Public Law I03-62,which addresses the collection andreponmg of performance measurement data,and the program effectiveness initiatives of VAWO,the grantee agrees to report to VAWO,in its progress reports,information pertaining to the outcomes or benefits of gent funded activities,including increased skills,new knowledge,and changed attitudes or values The information must be valid and suditable The grantee also agrees to cooperate with OV W and the National Institute of Justice on officially- Sponsored Initiatives to measure the effectiveness of their programs 12. The grantee agrees to allocate S20,000 of project funds to obtain technical assistance as directed by the Vrolence Against Women Office Technical assistance includes,but is not limited to,pect-to-peer consultations,focus groups, mentonng site visas,conference and workshops conducted by OJP-designated contractors and on-site consultation with CIR-designated contractors The grantee,after obtaining approval,shall use allocated technical assistance funds to send project staff to at least four OJP/OV W sponsored conferences per year 13. Approval of this award does not indicate approval of any consultant rate in excess of S450 per day A detailed jusafication must be Submitted to and approved by the Once of Justice Programs(OJP)program once poor to obligation or ekpenditure of such funds 14. The grantee agrees to submit to O V W for review and approval,wntten policies and procedures for case selection and termination; standards by which supervised visitation and/or safe exchanges will occur,security measures,and fees charged to individuals for use of program services. 15 The grantee agrees that grant fonds will be used to support services fm supervised visitation and safe viaiation exchange of cMldmn by and between custodial and noncustodial parents The grant«agrees that funds will not be used to supporl visitation or exchange of chddmn in foster cam,kinship care,or protective custody of courts or social semi"agencies OJP FORM 40DO2(REV 4-99) U S DEPARTMENT OF JUSTICE AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS a SHEET PAGE 4 OF 3 ! Office on Violence Cooperative Agreement F � "•�,,.. Against Women PROJECT NUMBER 2ou3Cw-Bx-X00) AWARDDATE 027I0003 SPECIAL CONDITIONS 16 The grantee agrees that funds will not be used to provide offsiie or overnight visitation services ORsue visitation includes,but is not limited to,any visa or exchange between a child and a non-custodial parent that occurs outside the premises of the visitation center. Overnight visitation includes,but is not limited to any visit or exchange between a child and a non-cunodial parent that occurs after or between the normal operating hours of the visitation center 17. The grantee agrees to develop adequate secunty measures,including but not limited to,adequate facilities,procedures, and personnel capable of pmvmnng violence,for the operation of supervised visitation programs or safe visitation exchange 18 The grantee agrees that if fees arc charged for use of programs or services,any fees charged must be based on the Income of the indmduals using the programs or services,unless otherwise provided by court order 19 TERMS OF COOPERATIVE AGREEMENT The Office on Violence Against Women(the Once)has elected to enter into a Cooperative Agreement with the City of Kent and its project partners to increase available supervised visitation and safe exchange services for victims of domestic violence,child abuse,sexual assault and stalking This decision reflects a strong mutual interest to increasing the safety and well-being of victims and their children during visitations and exchanges This project anticipates a significant level of Fedeal involvement in the implementation of the proposed activities 20. STATEMENT OF FEDERAL INVOLVEMENT The Office on Violence Against Women will I Provide the services of a Federal Program Manager as a single point of contact for administration of this cooperative agreement. 2 Participate in project-related planning meetings and advisory groups meetings. 3 Review and approve agendas and minutes related to local meetings regarding the demonstration project 4 Review and approve the selection of key project staff,including the project director and local research partners 5 Review and approve content and format ofmatenals produced in conjunction with this project. 6 Provide comprehensive technical assistance to enhance victim safety and perpetrator accountability 7 Recommend impmved protocols or best practices related to enhancing and expanding supervised visitation and safe exchange services,victim safety,and perpetrator accountability 8 Approve sties and dates for all project related events 9 Sponsor consulaacm with the designated evaluation coordinator 10 Monitor program development and implementation,and fulfill and oversight and evaluative function regarding the program- OJP FORM 400012(REV /-88) US DEPAKTMENTOFIUSTICE AWARD CONTINUATION (OFFICE OF JUSTICE PROGRAMS SHEET PAGE S Of 1 s Office on Violence Cooperative Agreement Against Women PROJECT NUMBER 20D3CW-BX Knot AWARD DATE 02121/2003 SPECIAL CONDMONS 21 TERMS OF COOPERATIVE AGREEMENT-STATEMENT OF RECIPIENT RESPONSIBILITIES The City of Kent will 1. Work closely with the Federal Management Team in the development and Implementation of this imtiativt, including providing a meaningful Opportunity for the Office staff to. a. Review and approve the content and format of materials produced in conjunction w ith this project b Recommend technical assistance to enhance victim safety and offends accounubihty c Participate in project related planning meetings and advisory group meeting it Recommend Improved protocols or best practices related to enhancing supervised visitation and exchange services, victims safety,and offender accountability in the City of Kent. e Approve Otto and data for all pmject-related events If Monnor programdcvclopment and Implementation,and fulfill and oversight and evaluation function regarding the program. 2 Work cooperatively with the technical assistance provider designated by the Office for the Safe Havens Demonstration Project This may include,for example sending a multi disciplinary team of specific team members from Kent ad attend seven it technical assistance meetings per year,Including evaluation coordination meetings, hosting on site technical assistance providers Or other grantees,and shanng materials and protocols developed by the local advisory committee and project partners 3. Work cooperatively with the designated evaluation cuordia(m 4. Provide the Federal Program Manna with an opportunity to review and approve the selection of key personnel, including the project director and the local rcseareh partner 5 Send project staff to meetings and institutes as designated by the Once 6 Send the local research partner to meetings as designated by the cva)uatron coordinator and the Office 7 Work collaborauvcly and cooperatively among the primary partner agencies 8 Agree to provide Written products(cumcula,manuals,model policies,or promising practices)in forrneu that can be laded onto the Violence Again Women Resources site on the Internet at http//www ojp/usdoj gov/vawo 9 Agree to participate in any faculty or educational workshops sponsored by the Office's designated contractors 10.Agree to follow demonstration related protocols developed by the Office The City of(Cent and project partners will also I Create a safe multi-cultural supervised visitation and exchange program for low and moderate-income victims of domestic violence,child abuse,sexual assault and Stalking who reside in the Kent/South King County region 2 Recruit and hire project director and bilingual staff 3 Develop model standards of practice for supervised visitation and exchange that are responsive to the needs of women and Children victims of family violence. 4 Identify security procedures to create a safe visitation and exchange center 5 Increase communication between the court and the supervised visitation and exchange program to ensure victim safety 6 Increase referrals to appropriate ancillary semces. 7.Provide specralized mentalism sessions for immigrantJnfugees victims of family violence OJP FORM 4000/2(REV 4-98) US DEPARTMENT OFIUSTICE GRANT MANAGER'S MEMORANDUM,PT.1: OFDCEOf JUSTICE PROGRAMS PROJECT SUMMARY �s ORce on Violence Cooperative Agreement ,ter Against Women PROJECT NUMBER PAGE 1 OF 1 2003CW-BK-K00I Thu proyea n mppmud and.62 USC IN20 1 STAFF CONTACT(Name ddrts,&Mephow,number) 2 PROJECT DIRECTOR(hamc,addms,&telephone mambo) Kns.S Blakney-Mitchell Drub R Wdama (202)305-2651 Hwsmt AM Hum.Servtces Pkonm 220 Mit Avenue S.1h Kato WA 98032-5893 (253)85 5076 3s.TITLE OF THE PROGRAM 36 POMS CODE ISEEINSTRUCTIONS Safe Havem Superv,sed Vmnat,w and Sak Exchang Grant Prog,an ON REVERSE) 6 TITLE OF PROJECT NAME&ADDRESS OF GRANTEE 6 NAME&ADRESS OF SUBGRANTEE C„y of Kem 220 4h Avenue South Ken,W A 98032-5895 7 PROGRAM PERIOD 8 BUDGET PERIOD FROM 01/01/2003 TO 12/31/2005 FROM 01101f1003 TO M112005 9 AMOUNT OF AWARD 10 DATE OF AWARD S 500.000 02/21/2003 li I 1 SECOND YEARS BUDGET J2 SECOND YEARS BUDGET AMOUNT 13 THIRD YEARS BUDGET PERIOD 16 THIRD 3 EARS BUDGET AMOUNT 15 SUMMARY DESCRIPTION OF PROJECT(Ste tnomawn on mvese) Thc Safc Havens Supem,ed Vtsnatm and Safe Exchante Gmnt Progran(Supwutd Vnnsura Program)wm surbnzed as a pdm program,aW.Ne Vrofemt Agarrat women apof",lmmortarmporvued nusasron and exchangeirwawfor fd I,withahmory ofmmByvwlanxx,chtk abuse tadorassaulta su"ni Ehgrbk applaams rn Ure da anus rmdude mms,lndran m oarbal ga Bandy role x, umn of kcd rg In uak By surme t.onstr furled ualt s sM Supervssed al prVisitation ,orals man dano ol, expenrse to theuad of family vwknu provide a sbdmg fee soak for chen0.demonntae atkgmm atunty measures am1 pmscrtbt aandards and pmtotols 8y which supervised vumoro m,ah acbaogm will ocem 1P FORM<000/2(REV 6-88) The Sak Navem De.iwismauoa lonsome is a dxoe-year prodem w wpove the dchvmy or supervised vssnatwo aisd hale exchange aervom kr rooms ofdomesuc violence child atone,uxoal sommih,and cWkm6 Tht Viol eaae Agi mm Women Olfics hot selected four suits to sdenofy and smpkment pommng pmsmcss, develop naoanal Nnr chde wiho gm ai ragnedM pi btcemobm.nnm Each oofo bthen csemdn s will m amrvec mnehsm ced Wh mcal msy pncam oanmdhi ppcm,cmoWd cwr emm et s peevc lnode o des gao dfo ror v m scu mWs o dk effewvtoeu or do local dmoeahatson Pndma As a denronasntmo sir.tlo Crty of Ken wdl vu hmdssig hom tlo FV TOOT Sah Navero Supenved V cihild abtsu Sumailausemc 11 and stalk ngg h mosw sun tln K=VS Lg a uq CoulmN so. GO ed vmtatmn aiW of thenP pmgrm for jw-,of dameno vroknrs, Kh"jumch Kmg Cmmry also. OWIs and ssaw-mic ss of do c s.2) It pryen wri tuhek I)surtamu6 acmes to supemud vmtaiwn aid--change mmd fm vismahrtcml cmdang her low stud skean-siw w dornna,T)of aid hmngo virus o maR 3)idemdymg model ranched of p ploce u fspemmd s&rC oon and a oil engc ul c,ma dim)micaooave w due needs of women and um and vouim of isedrom violists,a t)id ussup jg security pimum"i u create e aak nnutwe and eachatige unkr,3)mcrtamng cammunoahan hnween do men and the suprvned mNuan and ex<M1ange pmgrm w esurt vnsim ufery,6) fsortos[ng rtfenals W appiolom"A ancdbty umce,and 7)pmvsdmw ape<Wsud onemmmn uuiom fm smm smsovrtfugtes vwtoms or homily rwlenu CMNCF Kent City Council Meeting Date March 18, 2003 Category Consent Calendar 1. SUBJECT: KENT POOL BUDGET—ESTABLISH 2. SUMMARY STATEMENT: Authorize the transfer of$75,000.00 from the Youth/Teen Utility Tax Capital Fund and $20,000.00 from the Contingency Fund and establish a budget for the Kent Meridian Pool. The City of Kent accepted the transfer of the Kent Meridian Pool from King County. The city is subleasing the pool to Aquatic Management Group, Inc. (AMG). Aquatic Management Group will provide a variety of adult and youth swim programs including lessons, water exercise, public swims, special events and swim team activities. The city will provide an initial $70,000.00 to AMG for start up costs. The city will receive free use of the pool for special recreation and youth programs for these funds. In addition, the city will provide up to $20,000.00 annually in subsidy funding. 3. EXHIBITS• None 4. RECOMMENDED BY: Staff and Parks Committee (3/10/03) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6P Kent City Council Meeting Date March 18, 2003 Category Consent Calendar 1. SUBJECT: MASTER PLAN DEVELOPMENT PUD MODIFICATION ORDINANCE—MOTION 2. SUMMARY STATEMENT: As approved by the Planning Committee on March 18, 2003, direct staff to provide appropriate public notice for a public hearing on April 1, 2003 regarding master planned developments. The City Council previously adopted this ordinance,but subsequently repealed it because required notice had not been provided to the State of Washington. Notice to the state has now been given. This motion requires staff to post appropriate notice for a public hearing on this matter on April 1, 2003. Council will allow interested persons who wish to appear and speak at the hearing up to three (3) minutes to address the council. Anyone who wishes to submit written materials may do so up to the close of the hearing. After the hearing, council will be able to enact the ordinance. 3. EXHIBITS: Proposed ordinance 4. RECOMMENDED BY: Staff& Planning Committee (3/18/03) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6Q • ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending section 15 08 400(I) of the Kent City Code, regarding planned unit developments, to provide a process for the modification of master plans located in commercial, office, and manufacturing zones consistent with planned action ordinances and development agreements • WHEREAS, the city council desires to amend section 15 08 400(I) of the Kent City Code to allow the planning manager to decide minor and major modifications of master plans located in commercial, office, or manufacturing zones consistent with a planned action ordinance and development agreement, and WHEREAS, the city previously adopted Ordinance No 3624 relating to Planned Unit Developments ("PUD") on October 15, 2002, however, the city, by Ordinance No. 3633, repealed Ordinance No 3624 as the city had inadvertently failed to provide sixty (60) days notice to the State of Washington of its intent to modify the Master Plan PUD, and WHEREAS, on January 8, 2003, the city provided notification of the city's Master Plan PUD Modification to the State of Washington, and 1 Planned Unit Development-PUD Section 15.08.400(1) WHEREAS, the sixty(60) day notice period has elapsed; and WHEREAS, after providing appropriate public notice, the city held a public hearing on this modification proposal at the regular city council meeting held on April 1, 2003, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. — Amendment Section 15 08 400(I) of the Kent City Code entitled, "Modifications of plan," is amended as follows Sec. 15.08.400. Planned unit developments, PUD I. Modifications of plan Requests for modifications of final approved plans shall be made in writing and shall be submitted to the planning ser\ices offieedeht in the,manner and form prescribed by the planning manager In commeicial, office, and . mapufacturina Tones. determinalmn of minor and masor modifications in master plans cui sistznt %tiith .Manned action ordinance and development a, eement shall be made at the sole discretion of the planning manager Criteria f0 i deteimming minor and ma4or modifications in all other cases shall be as stated in subsection I(1) and 1(2). belo,,N The criteria for approval of a request for a major modification shall be those criteria covering original approval of the permit which is the subject of the proposed modification. 1. Minor modifications Modifications are deemed minor if all the following criteria are satisfied a. No new land use is proposed, b No increase in density, number of dwelling units or lots is proposed; 2 Planned Unit Development-PUD . Section 15.08.400(I) • proposed, C. No change in the general location or number of access points is d No reduction in the amount of open space is proposed, e No reduction in the amount of parking is proposed, f No increase in the total square footage of structures to be developed is proposed, and g. No increase in general height of structures is proposed Examples of minor modifications include but are not limited to lot line adjustments, minor relocations of buildings or landscaped areas, minor changes in phasing and timing, and minor changes in elevations of buildings 2 Major modifications. Major adjustments are those which, as determined by the planning manager, substantially change the basic design, density, open space or other similar requirements or provisions Major adjustments to the development plans shall be reviewed by the hearing examiner The hearing examiner may review such adjustments at a regular public hearing. If a public hearing is held, the process outlined in subsection (F) of this section shall apply The hearing examiner shall issue a written decision to approve, deny or modify the request Such a decision shall be final Any appeals of this decision shall be in accordance with KCC 12 01 040 SECTION 2. — Application This ordinance may be applied to all Master Plan applications, including applications currently in process upon the effective date of this ordinance. SECTION 3. — Savinjzs The existing section 15 08 400(I) of the Kent City Code, which is amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance SECTION 4. - Ratification Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. 3 Planned Unit Development-PUD Section 15.08.400(I) SECTIONS. —.Severability If anyone or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shah not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect SECTION 6. — Effective Date This ordinance shall take effect and be in force thirty (30) days from and after passage as provided by law JIM WHITE, MAYOR ATTEST. BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY PASSED day of 2003. APPROVED day of 12003 PUBLISHED day of 12003 I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated (SEAL) BRENDA JACOBER, CITY CLERK P\QNiI\Drdnunce\IS OB 4001 PUD-031007 doc 4 Planned Unit Development-PUD Section 15.08.400(I) Kent City Council Meeting Date March 18, 2003 Category Other Business 1. SUBJECT: 2002 ANNUAL ZONING PLAN AMENDMENTS ORDINANCE— ADOPT 2. SUMMARY STATEMENT: This Ordinance relates to zoning map changes CPZ-2002-2, CPZ-2002-3, and CPZ-2002-4, and would amend the zoning map designations of parcels of property more specifically identified in the ordinance. This matter was placed on Other Business in order to clarify the parcels of property affected by the condition imposed on the Ruth amendment(CPZ-2002-2). 3. EXHIBITS: Ordinance and exhibits referenced therein • 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember _moves, Councilmember I seconds to adopt Ordinance No. M 0 relating to zoning map designations of parcels of property as described in the ordinance. DISCUSSION: ACTION: V G Council Agenda Item No. 7A ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending the Kent Zoning Map to change the zoning designations as follows:(1)from Single- Family, 1 unit per acre(SR-1),to Single-Family, 3.63 units per acre (SR-3) for property located at 4412 South 216'h Street(CPZ-2002-2),(2) from Single Family,2.18 units per acre(SR-2)to Single-Family,3 63 units per acre(SR-3)for property located at 9119 South 19213d Street(CPZ-2002-3), and (3) from Single-Family, 3 63 units per acre (SR-3) to Single-Family, 4.53 units per acre (SR-4) for property located at 20129 92"d Avenue South (CPZ-2002-4) WHEREAS, pursuant to the Washington Growth Management Act ("GMA"),the city of Kent accepts applications for comprehensive plan amendments once each year; and WHEREAS, the city of Kent received applications to amend the Comprehensive Plan's land use plan map designations,and four(4)of those applications involve properties requesting corresponding amendments to the zoning map designation of the following parcels: (1) 26922 132"d Avenue South(CPZ-2002-1); (2)4412 South 216'h Street(CPZ-2002-2);(3)9119 South 192"d Street(CPZ-2002-3),and(4)20129 92"d Avenue South(CPZ-2002-4),which applications were received in Kent,Washington,by the September 2002 deadline, and WHEREAS, the Kent Land Use&Planning Board held a public hearing on the proposed comprehensive plan and zoning map amendments on January 27, 2003, and made the following recommendations the denial ofCPZ-2002-1, CPZ-2002-2,and 1 2002 Zoning Amendments it CPZ-2002-4,and the one of CPZ-2002-3 to Single-Family,three(3)units per acre;and WHE AS, on March 4, 2003,the Kent City Council passed the zoning amendments as follo s: I A. For property aocated at 4412 South 2161h Street (CPZ-2002-2), zoning map amendment in Single-Family, 1 unit per acre (SR-1), to Single-Family, 3 63 units per acr (SR-3) with the following conditions: (i) that the owner must provide the y with documentation from governing agencies confirming prior converted cr land status; (n) Frager Road must have been closed by the city to through tra , and (iii) the owner must provide a water drainage and storm drainage con of plan that does not increase the amount of water flow from the subject prop rty onto King County tax parcels 1022049198, 1022049199, 1022049015 7533000020, 7533000010, 7533010010, and 7533010020, the owners must onstruct the system in accordance with the approved plan,and the owner must rovide, at the public works director's discretion, either a written guarantee to a owners of the tax parcels referenced above that water flow will not be mcre d onto the tax parcels from development of the subject site,or the owner must st a bond benefiting the tax parcels referenced above to be used to alleviate pro lems or damage caused by the water drainage and storm drainage i systems as c structed B For p rope l ocated a t 9119 S outh 192nd Street (CPZ-2002-3), zoning map amendment om Single Family,2 18 units per acre(SR-2)to Single-Family,3.63 units per acr (SR-3); and C. For propert located at 20129 92nd Avenue South (CPZ-2002-4), zoning map amendment om Single-Family,3.63 units per acre(SR-3)to Single-Family,4 53 units per ac (SR-4) on the condition that, prior to development to SR 4.5, the i owner provi a safety improvements to the NE comer of the subject site as well as other traffic itigation measures the city determines to be necessary in order to accommod the additional density TH CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY AIN AS FOLLOWS- SE ION 1. —Amendment The city of Kent zoning map is amended to establish a new zo ing map designation for the property located at 4412 South 216`h Street, Kent, Was ngton, and legally described on the attached Exhibit "A," from a zoning designation f Single Family, 1 unit per acre(SR-1),to Single-Family, 3.63 units 2 2002 Zoning Amendments per acre (SR-3) and as depicted in the attached Exhibit "A-1," incorporated by this reference, (CPZ-2002-2) subject to the following conditions: (1) that the owner must provide the city with documentation from governing agencies confirming prior converted cropland status,(n)Frager Road must have been closed by the city to through traffic; and (iii) the owner must provide a water drainage and storm drainage control plan that does not increase the amount of water flow from the subject property onto King County tax parcels1022049198, 1022049199, 1022049015,7533000020,7533000010,7533010010, and 7533010020,the owners must construct the system in accordance with the approved plan, and the owner must provide, at the public works director's discretion, either a written guarantee to the owners of the tax parcels referenced above that water flow will not be increased onto the tax parcels from development of the subject site, or the owner must post a bond benefiting the tax parcels referenced above to be used to alleviate problems or damage caused by the water drainage and storm drainage systems as constructed. SECTION2. —Amendment. The city of Kent zoning map is amended to establish a new zoning map designation for the property located at 9119 South 192"d Street,Kent,Washington,from a zoning designation of Single-Family(SR-2),2 18 units per acre to Single-Family(SR-3), 3.63 units per acre, as depicted in the attached Exhibit "B"and incorporated by this reference (CPZ-2002-3) SECTION 3. —Amendment. The city of Kent zoning map is amended to establish a new zoning map designation for the property located at 20129 92"d Avenue South, Kent, Washington, and legally described on the attached Exhibit "C" from a zoning designation of Single-Family(SR-3), 3 63 units per acre to Single-Family(SR- 4 5), 4 53 units per acre, as depicted in the attached Exhibit "C-1" incorporated by this reference(CPZ-2002-4),on the condition that prior to development to SR 4 5,the owner provide safety improvements to the northeast comer of the subject site as well as other traffic mitigation measures the city determines to be necessary in order to accommodate the additional density. 3 2002 Zoning Amendments SEC ION 4. - Severab:lity If anyone or more sections,subsections,or sentences of this Or nance are held to be unconstitutional or invalid,such decision shall not affect the validV of the remaining portion of this Ordinance and the same shall remain in full force d effect. � SEC ION 5. - Uecnne Date This ordinance shall take effect and be in force thirty(30) day from and after the date of passage and publication as provided by law. JIM WHITE,MAYOR ATTEST: BRENDA JACOBE CITY CLERK APPROVED AST( FORM I TOM BRUBAKER ITY ATTORNEY PASSED da of 2003. APPROVED day of 2003. PULISHED day of 2003 I here y certify that this is a true copy of Ordinance No passed by(he city council o the city of Kent,Washington,and approved by the mayor of the city of tent as hereon ir icated. (SEAL) BRENDA JACOBER, CITY CLERK P�0'�OrdamccVs MapAn=W- _'doc 4 2001 Zoning Amendments I LEGAL DESCRIPTION East 646 feet of South half of Southwest quarter of Northeast quarter in Section 1, Township 22 North, Range 4 East W M., less County road Exhibit "A" 6 yR�Eaa33 O 42 AVE S - c g � 00©��Oc>OO OO pOQ OO . �OdOJOC9 O :� Op�4C3N ...... Y 3 Cl 110 o, i: ' Go xxx... . x o t:o r 0 I .�ttns, " W:Y MAXYY n+xx w � � ,n,..;rY+x.nnYXY.xnrxXx.. o .::::: X»Xx W ............... ":Co u ..........`Ii'':xnxxn:xnY:YY�i:Xw ::Y" Y M 4(P/ �X+++ :Nxxxxn Xxn XYn YY rYxxxx o ........ n OD2 r to In ? 3 �o �+�' o9r c IV a CP � o to s o c IIS o 3. � N C Nd Nd O in3. N N N p <� m c E W ' W I EXHIBIT "A-1" G \� ® o |}||! 0 � !/» . ~\\ ; / - _ - 2� @ ,� � cob .. $ _ _ 2 -n # ' k w w a : \ƒ\$(�/A o a ■ e § } \ mm .■m�mm CO (VVduua) pPIUw-- \ M � Rc :mmmm:�$q/§ ............::�..;.::::::::::;; o \ \\\\\\ \\\\.\. \ pf %mOE2E E \ EERm;m 9�\ \\\ \\ � ^(D � .. .. .:;.:. .... ., 4 2 ■ ,: : _ 0 m E > �\ \\\� ^ 91) G � CL \\ � 2 Q o § m 2 � 0 � � � � ; N E \« ( lu , - m « ■ E � % / 2 m ® k c � �\ 0 m k ( � � � ( - � � IM 9 � ( 0 2 ` �- ; • ' : � EXHIBIT ?- MAPLE VISTA AMENDMENT #ENV-2002-40(DyKiva 4202274 #CPA-2002-2(DYCPZ-2002-4 Kiva #2022742 (William Osborne, Planner LEGAL E3ESCF1IPTION THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 22 NORTH, RANGE 5 EAST W.M., LYING EAST OF THE EAST RIGHT-00-WAY LINE OF PRIMARY STATE HIGHWAY NO. 5; EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR 92"o AVE. S. BY DEED RECORDED UNDER RECORDING NO. 665910; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. I I I ' I i �I EXHIBIT "C" a �S- pp a g9 � w ❑ s� m o�� 3�Fe� w lmP SL ANd s Q� SR167 07, Cn - 71 C44- a) -n O 13 O O CL l� v 92 AVE l o ❑ Cr� o p 4 0 4ouo1 all o ' ❑ C=1 � L U) o q 4 ° p d Q o � Nq� qoq 0 p 0 0 Q❑� � C] O ❑ a � ❑ Fc p q0 Q ❑ q a a -n yK "T P. No we 'c v � da a NNfD m o v z m � 'c m f0 » ; oCD no CL O O IM Za w v EXHIBIT "C-1" Kent City Council Meeting Date March 18, 2003 Category Bids 1. SUBJECT: 1ST AVENUE NORTHATH AVENUE NORTH WIDENING AND UTILITY TRENCHING 2. SUMMARY STATEMENT: The bid opening for this project was held on February 2 1"with eight bids received. The low bid was submitted by Pivetta Brothers Construction, Inc in the amount of$82Y;645-39+ The Engineer's estimate was $913,986.00. The Public Works Director recommends awarding this contract to Pivetta Brothers Construction, Inc. Sc(`c.lb 1 Ra 3. EXHIBITS• Memo 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $821.645.50 SOURCE OF FUNDS: R09950 7. CITY COUNCIL ACTION: Councilmember V " moves, Councilmember 1x-)0'P seconds DISCUSSION: ACTION: Ut, U Council Agenda Item No. 8A Under BIDS please note the following revised motion for Item 8 A Motion: That the lst Ave N/4th Ave N Widening and Utility Trenching Project Schedules I, II, IV, V and VII contract be awarded to Pivetta Brothers Construction, Inc for the low bid amount of $754,461.90. PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E. Public Works Director Phone 253-856-5500 K E N T Fax 253-856-6500 WFSHINGTOM Address 220 Fourth Avenue S Kent,WA 98032-5895 Date March 18, 2003 To: Mayor Ci y Council From. Don Strom, Public Works Director Regarding 1st Avenue North/0i Avenue North Widening and Utility Trenching Project Bid opening for this project was held on February 21st with eight bids received. The low bid was submitted by Pivetta Brothers Construction, Inc in the amount of $821,645 50 The Engineer's estimate was $913,986 00 The Public Works Director recommends awarding of this contract to Pivetta Brothers Construction, Inc. Bid Summary Pivetta Brothers Construction, Inc $ 821,645.50 Gary Merlino Construction Co , Inc. $ 847,742.20 DPK, Inc. $ 945,435.60 Fury Construction Co $ 992,465.88 RW Scott $ 999,521.50 SCI Infrasturcture, LLC $1,048,926.40 Westwater Construction Co. $1,138,816.40 Tri-State Construction, Inc $1,152,133.90 Engineer's Estimate $ 913,986 00 MOTION: Councilmember moves, Councilmember seconds that the 1st Avenue North/4tt Avenue North Widening and Utility Trenching Project contract be awarded to Pivetta Brothers Construction, Inc for the low bid amount of$821,645 50 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS E. PLANNING COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS REPORTS FROM SPECIAL COMMITTEES ® CONTINUED COMMUNICATIONS A. i EXECUTIVE SESSION A) Property Negotiations B) Pending Litigation 0 ACTION AFTER EXECUTIVE SESSION A)