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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/02/2003 -7m � i :IILID � , City of Kent City Council Meeting Agenda September 2, 2002 Mayor Jim White Councilmembers Judy Woods, Council President Tim Clark Julie Peterson Connie Epperly Bruce White Leona Orr Rico Yingling \""47 KENT WASHING?ON City Clerk's Office SUMMARY AGENDA KENT CITY COUNCIL MEETING KENT September 2, 2003 W A S H I N G T O N Council Chambers 7:00 p.m. MAYOR: Jim White COUNCILMEMBERS: Judy Woods, President Tim Clark Connie Epperly Leona Orr Julie Peterson Bruce White Rico Yingling 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4. PUBLIC COMMUNICATIONS A. Employee of the Month 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills—Approve C. LID 356, 111th Avenue SE Sanitary Sewers Ordinance—Adopt D. Rodenhauser Latecomer Agreement—Authorize E. Sensitive Area Quitclaim Deed from the Boeing Company—Authorize F. State Grant for Commute Trip Reduction Program—Authorize G. Six-Year Transportation Improvement Plan—Set Hearing Date H. South 277th Street Improvement Project—Accept as Complete I. 2003 Asphalt Overlays Project—Accept as Complete J. 2004 Budget, Capital Facilities Plan Amendment, and School District Capital Facilities Plan Updates—Set Hearing Date K. Excused Absence for Councilmember Peterson—Approve L. Amendment to Delinquent Accounts Ordinance—Adopt M. City Credit Card Use Clarification Resolution—Adopt N. First Half 2003 Budget Amendment Ordinance—Adopt 7. OTHER BUSINESS A. Qwest Conditional Use Appeal—Closed Record Hearing(#CE-2001-3) 8. BIDS A. Pacific Highway South HOV Lanes—South Phase—S. 272nd Street to S. 252nd Street—Joint Utility Trench B. Water Treatment Chemical Supply for 2003-2004— Sodium Fluoride (continued next page) SUMMARY AGENDA CONTINUED i9. REPORTS FROM STANDING COMMITTEES AND STAFF 10. REPORTS FROM SPECIAL COMMITTEES 11. CONTINUED COMMUNICATIONS A 12. EXECUTIVE SESSION A. Pending Litigation B. Land Acquisition 13. ACTION AFTER EXECUTIVE SESSION 14. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page is on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC • PUBLIC COMMUNICATIONS A) EMPLOYEE OF THE MONTH • CONSENT CALENDAR 6. City Council Action: Councilmember �J moves, Councilmember ( vLJ seconds to approve Consent Calendar Items A through N. Discussion Action C 6A. Auuroval of Minutes. Approval of the minutes of the regular Council meeting of August 19, 2003. 6B. Approval of Bills. Approval of payment of the bills received through August 15 and paid on August 15 after auditing by the Operations Committee on August 19, 2003. Approval of checks issued for vouchers: Date Check Numbers Amount 8/15/03 Wire Transfers 1480-1491 $10,1329988.73 8/15/03 Prepays & 551891 1,8899797.23 8/15/03 Regular 552550 1,148,498.47 $131171,284.43 Approval of interim checks: Date Check Numbers Amount 8/8/03 Interim Checks 272059 $ 58.64 8/12/03 Interim Checks 272060-272062 128.50 8/13/03 Interim Checks 272063-272067 1,027.65 $1,214.79 Council Agenda Item No. 6 A-B • • 40* KENT Kent City Council Meeting W A S N I N O T O N August 19, 2003 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Councilmembers present: Clark, Epperly, Orr, White, Woods and Yingling. Councilmember Peterson was excused from the meeting. Approximately 50 people were in attendance. (CFN-198) CHANGES TO AGENDA A. From Council, Administration or Staff. (CFN-198) CAO Martin noted that there will be only one item to discuss under Executive Session. PUBLIC COMMUNICATIONS A. Performing Arts Center Scholarship Awards. (CFN-155) Linda Peterson and Diana Albertson presented scholarships totaling $7,000 to the winners of the Performing Arts Center Scholarship Awards. B. Economic Update. (CFN-198) Nathan Torgelson reported that the Economic Development Strategic Plan is available to the public, and gave a overview of the plan. PUBLIC HEARING A. LID 356, 111" Avenue SE Sanitary Sewers. (CFN-1280) Public Works Director Wickstrom explained the project and costs. Mayor White opened the public hearing. Britt Widmer, 1933 SE 19ei Court, owner of Lot No. 3, objected to the LID since they have only a garage on their lot and questioned the method of assessment. Jack Paris, owner of Lots 5, 6 and 7, stated that he has been having sewer problems for many years. There were no further comments and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. CLARK MOVED to approve the formation of LID 356 for the construction of I I I1h Avenue Sanitary Sewers project, including related improvements, and to direct the City Attorney to draft the necessary ordinance for the September 2" City Council meeting. Woods seconded and the motion carried. CONSENT CALENDAR WOODS MOVED to approve Consent Calendar Items A though O. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular meeting of August 5, 2003, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through July 31 and paid on July 31 after auditing by the Operations Committee on August 5, 2003. Approval of checks issued for vouchers: Date Check Numbers Amount 7/31/03 Wire Transfers 1472-1479 $1,031,279.15 7/31/03 Prepays & 551152 818,394.73 7/31/03 Regular 551890 2,698,254.85 $4,547,928.73 1 Kent City Council Minutes August 19,2003 Approval of checks issued for payroll for July 1 through July 15 and paid on July 18,2003: Date Check Numbers Amount 7/18/03 Checks 271439-271751 $ 268,334.75 7/18/03 Advices 150710-151370 1,184,038.44 $1,452,373.19 AAnvroval of checks issued for payroll for July 16 through July 31 and paid on August 5, 2003: Date Check Numbers Amount 7/21/03 Interim Checks 271752 339.08 8/5/03 Checks 271753-272058 $ 293,860.81 8/5/03 Advices 151371-152027 1,172,112.95 $1,465,973.76 C. Proiect Construction Agreement with Puget Sound Enerev, Pacific Highway S. HOV Lanes Proiect. (CFN-1038) As recommended by the Public Works Committee, the Mayor was authorized to sign the Project Construction Agreement with Puget Sound Energy for conversion of the overhead power to underground for the South Phase of Pacific Highway South HOV Lane Project, subject to the City Attorney's and the Public Works Director's concurrence of the language therein. i D. Joint Utility Trench Agreement with Comcast, Pacific Highway S. HOV Lanes Proiect. (CFN-1038) As recommended by the Public Works Committee, the Mayor was authorized to sign a Joint Utility Trench Agreement with Comcast as part of the South Phase of Pacific Highway South HOV Lane Project, subject to the City Attorney's and the Public Works Director's concurrence of the language therein. E. Bret Gagliardi Sewer Latecomers Agreement. (CFN-485) The Public Works Director was authorized to execute a sewer latecomer agreement with Bret Gagliardi. F. Disposal of Surplus Vehicles and Equipment. (CFN-239) As recommended by the Public Works Committee, vehicles and equipment no longer needed by the City were declared as surplus, and their sale at the next public auction was authorized. G. Public Works Trust Fund Pre-Construction Loan, (CFN-171) As recommended by the Public Works Committee, the Mayor was authorized to sign Public Works Trust Fund Loan Agreement,Number PW-03-691-PRE-108, in the amount of$1,000,000 for the 228`h Street Extension, subject to the City Attorney's and the Public Works Director's concurrence of the language therein. H. Rainwater Harvesting System Ordinance. (CFN-565) Ordinance No. 3656 amending the Kent City Code to include a 10%discount on storm and surface water utility charges for commercial properties utilizing a rainwater harvesting system, was adopted. 2 Kent City Council Minutes August 19, 2003 I. LID 357, 120th Place SE Sanitary Sewers. (CFN-1284) Resolution No. 1651 setting September 16, 2003, as the hearing date on proposed Local Improvement District 357("LID") for the public to comment on or object to the LID before the city council, was adopted. J. Agreement Regarding Development And Operation of Grandview Park Off-Leash Area. (CFN-118) As recommended by the Operations Committee, the Mayor was authorized to sign the joint agreement to develop Grandview Off Leash Dog Park and amend the Off Leash Park Budget. K. Agreement for Public Defense Services. (CFN-234) The Mayor was authorized to execute a new Agreement with Stewart Beall &MacNichols for public defense services in the amount of $234,000.00 per year, effective September 1, 2003. L. Valley Medical Center Occupational Health Service Addendum and Extension to Contract for Services. (CFN-122sf) As recommended by the Public Safety Committee, the Mayor was authorized to sign the Addendum Four and Extension to Contract for Services with Valley Medical Center Occupational Health Services (OHS). M. Application for Local Law Enforcement Block Grant Program for 2003. (CFN-122sf) As recommended by the Public Safety Committee, the Kent Police Department was authorized to apply for the FY 2003 Local Law Enforcement Block Grant (LLEBG). N. Kent Station Preliminary Plat Appeal Findings and Conclusions Resolution. (CFN-1277) Resolution No. 1652, approving the Findings of Fact and Conclusions of the Kent City Council, sitting as a quasi-judicial body,which sustained the Hearing Examiner's Findings, Conclusions and Decision issued on January 30, 2003, regarding the Kent Station Preliminary Plat Appeal brought by Don Shaffer in his individual capacity, Don Shaffer as a representative of Kent C.A.R.E.S., and Don Shaffer as president of Northwest Alliance, Inc.,was adopted. 0. Excused Absence. (CFN-198) A request for excused absences from the August 19, 2003 and September 2,2003 City Council meetings for Councilmember Peterson, was approved. BIDS A. 3rd Avenue South and Washington Avenue Pump Stations. (CFN-1038) The bid opening was held on August 4, 2003,with one bid received,which was submitted by Archer Construction, Inc. in the amount of$348,896.00. The Engineer's estimate was $315,740.00. The Public Works Director recommends awarding this contract to Archer Construction, Inc. CLARK SO MOVED. Yingling seconded and the motion carved. REPORTS D. Public Works. (CFN-198) Clark noted that because of the holiday on Labor Day, the committee will not meet until the third Monday in September. F. Parks Committee. (CFN-198) Woods noted that the next meeting will be at 4:00 p.m. on September 9 . G. Administrative Reports. (CFN-198) Martin reminded Council members of an Executive Session of approximately ten minutes to discuss one item, with action anticipated afterward. 3 Kent City Council Minutes August 19, 2003 EXECUTIVE SESSION (CFN-198) The meeting recessed to Executive Session at 7:36 p.m. and reconvened at 7:57 p.m. ACTION AFTER EXECUTIVE SESSION A. Property Acquisition. (CFN-239) CLARK MOVED to authorize the purchase of a portion of the Rosso Nursery property subject to the terms and conditions of the Public Works Department's "Contingent Offer to Purchase"letter, as submitted to the RRR Enterpnses bankruptcy debtor's attorney on August 1, 2003. Woods seconded and the motion carried. ADJOURNMENT (CFN-198) At 7.57 p.m., WOODS MOVED to adjourn. Orr seconded and the motion carried. `6000 s Brenda Jacober, CMC City Clerk 4 Kent City Council Meeting Date September 2. 2003 Category Consent Calendar 1. SUBJECT: LID 3569 111TH AVENUE SE SANITARY SEWERS ORDINANCE—ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. , that orders the construction of the sanitary sewer system in the vicinity of 1111'Avenue SE in accordance with Resolution No. 1649, establishes Local Improvement District ("LID' 356 and orders the carrying out of the proposed improvement,provides for payment of the improvement in part by special assessment, and provides for the issuance and sale of LID warrants. Resolution No. 1649, adopted on July 15, 2003, declared the City Council's intention to order the installation of sanitary sewers in the vicinity of 11 Ith Avenue SE. At its August 19, 2003, meeting, Council held a public hearing regarding the proposed improvement. At the conclusion of the hearing, Council determined the improvements are in the best interests of the City and requested that the City Attorney prepare an ordinance establishing the necessary LID. This ordinance forms LID 356 in order to carry out the improvements of the project. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Council (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. 6C ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington,ordering the construction of an 8"sanitary sewer system with 6" side sewer stubs to the right-of-way line, all in accordance with Resolution No. 1649 of the City Council; establishing Local Improvement District No. 356 and ordering the carrying out of the proposed improvement; providing that payment for the improvement be made in part by special assessments upon the property in the District, payable by the mode of"payment by bonds"; and providing for the issuance and sale of local improvement district warrants redeemable in cash or other short-term financing and local improvement district bonds. �I WHEREAS, by Resolution No. 1649 adopted July 15, 2003, the City Council declared its intention to order the construction of an 8" sanitary sewer system �I with 6" side sewer stubs to the right-of-way line, and fixed August 19, 2003, at 7.00 p.m., local time, in the council chambers of City Hall as the time and place for hearing all matters relating to the proposed improvement and all comments thereon and objections thereto and for determining the method of payment for the improvement, and WHEREAS, the City's Public Works Director caused an estimate to be made of the cost and expense of the proposed improvement and certified that estimate to the City Council, together with all papers and information in his possession touching the proposed improvement, a description of the boundaries of the proposed local improvement district and a statement of what portion of the cost and expense of the improvement should be bome by the property within the proposed district; and LID 356 Formation Ordinance WHEREAS, that estimate is accompanied by a diagram of the proposed improvement showing thereon the lots,tracts, parcels of land, and other property which will be specially benefited by the proposed improvement and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property; and WHEREAS, due notice of the above hearing was given in the manner provided by law, the hearing was held by the City Council on the date and at the time above mentioned, all objections to the proposed improvement were duly considered and overruled, and all persons appearing at such hearing and wishing to be heard were heard; and WHEREAS, the City Council has determined it to be in the best interests of the City that the improvement as hereinafter described be carried out and that a local improvement district be created in connection therewith; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Kent, Washington, orders the improvement of the properties within the area described in Exhibit "A," attached hereto and by this reference made a part hereof, by the construction of an 8" sanitary sewer system with 6" side sewer stubs to the right-of-way line. All of the foregoing shall be in accordance with the plans and specifications therefor prepared by the City's Public Works Director, and may be modified by the City Council as long as such modification does not affect the purpose of the improvement. SECTION 2. There is created and established a local improvement district to be called Local Improvement District No. 356 of the City of Kent, Washington (the "District"), the boundaries or territorial extent of the District being more particularly described in Exhibit "B," attached hereto and by this reference incorporated herein. -2- LID 356 Formation Ordinance 50396206 01 SECTION 3. The total estimated cost and expense of the improvement is declared to be $256,500. Approximately $165,000 of the cost and expense shall be borne by and assessed against the property specially benefited by such improvement included in the District, which embraces as nearly as practicable all property specially benefited by such improvement and the balance of such cost and expense shall be paid by the City. SECTION 4. In accordance with the provisions of RCW 35.44.047, the City may use any method or combination of methods to compute assessments that may be deemed to more fairly reflect the special benefits to the properties being assessed than the statutory method of assessing the properties. SECTION 5. No property, any portion of which is outside the District, may connect to those improvements constructed or made a part of such District unless either that property shall have been subject to the special assessments on the assessment roll for that District or the owners of that property shall have paid prior to such connection a charge in lieu of assessment, which shall be at least the equivalent of those assessments that would have been applied to that property had it been included within that District SECTION 6. Local improvement district warrants may be issued in payment of the cost and expense of the improvement herein ordered to be assessed, such warrants to be paid out of the Local Improvement Fund, District No 356, hereinafter created and referred to as the Local Improvement Fund, and, until the bonds referred to in this section are issued and delivered to the purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter by the City's Finance Department Director, as issuing officer, and to be redeemed in cash and/or by local improvement district bonds herein authorized to be issued, such interest-bearing warrants to be hereafter referred to as "revenue warrants." In the alternative, the City hereafter may provide by ordinance for the issuance of other short-tern obligations pursuant to chapter 39.50 RCW. If the City shall authorize expenditures to be made for such improvement (other than for any cost or expense expected to be borne by the City) -3- LID 356 Formation Ordinance 50396206 01 prior to the date that any short-term obligations or local improvement district bonds are issued to finance the improvement, from proceeds of interfund loans or other funds that are not, and are not reasonably expected to be, reserved, allocated on a long-term basis or otherwise set aside to pay the cost of the improvement herein ordered to be assessed against the property specially benefited thereby, the City declares its official intent that those expenditures, to the extent not reimbursed with prepaid special benefit assessments, are to be reimbursed from proceeds of short-term obligations or local improvement district bonds that are expected to be issued for the improvement in a principal amount not exceeding$165,000. The City is authorized to issue local improvement district bonds for the District that shall bear interest at a rate and be payable on or before a date to be hereafter fixed by ordinance. The bonds shall be issued in exchange for and/or in redemption of any and all revenue warrants issued hereunder or other short-term obligations hereafter authorized and not redeemed in cash within twenty(20) days after the expiration of the thirty-day penod for the cash payment without interest of assessments on the assessment roll for the District. The bonds shall be paid and redeemed by the collection of special assessments to be levied and assessed against the property within the District, payable in annual installments, with interest at a rate to be hereafter fixed by ordinance under the mode of"payment by bonds," as defined by law and the ordinances of the City. The exact form, amount, date, interest rate, and denominations of such bonds hereafter shall be fixed by ordinance of the City Council. Such bonds shall be sold in such manner as the City Council hereafter shall determine. SECTION 7. For the purpose of paying all or a part of the costs of carrying out the improvements within the District pending the receipt of the proceeds of the issuance and sale of the bonds or short-term obligations referred to in Section 5, interfund loans from the General Fund and/or Street Fund to the Local Improvement Fund in the maximum aggregate amount of $165,000 are authonzed and approved, those loans to be repaid on or before the issuance of such bonds or obligations from the proceeds thereof. Each of the interfund loans shall bear interest at a variable rate, adjusted the 15`h and last day of each month, equal to the interest rate of the State of Washington Local Govemment Investment Pool on the 15`h and last day of each -4- LID 356 Formation Ordinance 50396206 01 month. The initial interest rate on the date of each interfund loan shall be determined as of the last preceding interest payment adjustment date. SECTION 8. In all cases where the work necessary to be done in connection with the making of such improvement is carved out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids), the call for bids shall include a statement that payment for such work will be made in cash warrants drawn upon the Local Improvement Fund. SECTION 9. The Local Improvement Fund for the District is created and established in the office of the Finance Department Director of the City. The proceeds from the sale of revenue warrants or other short-term obligations drawn against the fund which may be issued and sold by the City and the collections of special assessments, interest and penalties thereon shall be deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the improvement and cash warrants in . payment for all other items of expense in connection with the improvement shall be issued against the Local Improvement Fund SECTION 10. Within fifteen (15) days of the passage of this ordinance there shall be filed with the Finance Department Director of the City the title of the improvement and District number, a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots, tracts and parcels of land that will be specially benefited thereby and the estimated cost and expense of such improvement to be borne by each lot, tract or parcel of land. The Finance Department Director of the City immediately shall post the proposed assessment roll upon her index of local improvement assessments against the properties affected by the local improvement. • -5- LID 356 Formation Ordinance 50396206 01 SECTION]]. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication as required by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK I APPROVED AS TO FORM: FOSTER PEPPER& SHEFELMAN PLLC Special Counsel and Bond Counsel Passed the day of September, 2003. Approved the day of September, 2003. 1 Published the day of September, 2003. 5039620601 -6- LID 356 Formation Ordinance 50396206 01 CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington, hereby certify as follows: 1. The attached copy of Ordinance No. is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on September 2, 2003, as that ordinance appears on the minute book of the City; and the ordinance will be in full force and effect five (5) days after the publication of its summary in the City's official newspaper; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this day of September, 2003. CITY OF KENT, WASHINGTON BRENDA JACOBER, City Clerk I 50396206 01 EXHIBIT "A" LID 356 I l llh AVENUE S E. SANITARTY SEWERS (S.E. 256T11 STREET TO 850 FEET NORTH) BOUNDARY LEGAL DESCRIPTION LOTS 8, 9, 10, 11, 12, 13, 1.3, 15, 16, 17 AND 20, COATES ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 78 OF PLATS, PAGE 76, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT ANY PORTIONS OF THE PROPERTY DESCRIBED HEREIN LYING WITHIN PUBLIC RIGHT OF WAY. S PCDS Carol LID 336 OouwLry Levi f JnAn A 4uJ 0 Jae EXHIBIT "B" LID 356 SANITARY SEVER IMPROVEMENTS The proposed project is the construction of an S" sanitary sexN er system with 6" side seiner stubs to the right of%vay line for each of the I 1 properties included in the L.I.D. boundary. The construction will include S" sewer at the folloning locations: ON FROM TO I I Vh Avenue S E. S.E. 2561h Street Approximately 850 Feet North S PCDS Carol LID 336 Dowulaq Legal Gluhm 1 and n Jm Kent City Council Meeting Date September 2, 2003 Category Consent Calendar 1. SUBJECT: RODENHAUSER LATECOMER AGREEMENT—AUTHORIZE 2. SUMMARY STATEMENT: Darrell Rodenhauser has extended the sanitary sewer main to serve his property along SE 274"' Street including three additional lots. Two owners have negotiated directly with Mr. Rodenhauser to pay their proportion of the cost. The Public Works Committee has recommended authorizing the Public Works Director to execute a sewer latecomer agreement with Darrell Rodenhauser for the remaining lot. 3. EXHIBITS: Public Works Director's memo 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: $ 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 Fax: 253-856-6500 KENT W A S N I M G T O N Address. 220 Fourth Avenue S. Kent,WA 98032-5895 DATE: 8/ 03 TO: M r hite and Kent City Council FROM: ickstrom, Public Works Director THROUGH: SUBJECT: Rodenhauser Latecomer Agreement MOTION: Recommend Council authorization for the Public Works Director to execute a Sewer Latecomer Agreement with Darrell Rodenhauser for the Rodenhauser Sewer Extension SUMMARY: Homeowner, Darrell Rodenhauser, has requested a sewer latecomer agreement for his extension of the city's sanitary sewer main. Four lots benefit from the extension, including Mr. Rodenhauser's home. Two neighbors have negotiated directly with Mr. Rodenhauser to pay their proportion of the cost, and he would like to record a latecomer agreement against the remaining parcel. The total project cost is $37,430, and the cost per lot is calculated at$9,357.50. The Public Works Director requests authorization to enter into a latecomer agreement with this developer. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND: Mayor White and Kent City Council Rodenhauser Sewer Latecomer Agreement-Authorize August 4, 2003 1 r Y ux w21G,1o. .- Tl,D R PAOi'�A'lY'A�iD 18 NOT GDAR"TE-p J2�'��t1Yk'-�1�T8•. '"O,dIiU�ACGZ7�'fE JR.�ai T9 !'� r _ _ 2'5 L A DJ. 7E, 33o.as n�.ee-1+9 z1• W. ago- 13 1.42 c n 3 o fA _ ID . 3 13� Oo 30 30 1 3 00 135.'�5 30 90 ,0 0 r 16 0170 m 01�o Colo r r 1•b S.73 ' 135 33 ! 15 alto 2 15 2 0310 01so 00'10 135.31 w is S•31 ti ' 14 3 a °, 14 3 3 ' o = , o�p0 a 0190 o11O a dC3° h d i 13 ' e'i90 " Dzao 4 13 o In 4 cn R J 01,1 00'�0 135z7 - pOlj - t3sZ7 J J also 02.10 O I t0 0060 h 13S ZS " O •' 135 Z5 N I I 01#70 6 - " I I 6 N 0110 01/0 COO g 1352 •• 0 ! •• t-35 Z•3 ° 1 D 0 ui ° 0 In 0 r 1 Oto 7 r N 10 pj80 00T0 7 r rj ozso r u N as, 49 zI" N 8 49• 1- W. 0 135.2! •• t3S.21 •, V 9 0>5o y oty° 8 ',S' 0090 C0#0' 8. rt r u ills. 19 135 00 �a So 135 00 13 !� So jG 330 19 r.=. ee' so• S5- 1tr -3 0. 1 t^�� S.E. 274TH ST. s'z _1 N N HJ.1s 90 v° 10 t t33.]2 �O q 11�0 T O 19 L-..O 21�a 0. 22'` O2r Ir n at. 190 q o I 0110 �+ n 00l0 1or.r 0 d9o0 yp�p210 I 1.a.s n n 1os.7t 90 =, 0 IW 1'7 n I a �,. h'. j0 2.3 M w P n q 01^0 '9 051D °p 9PPe5/� ( �, p730 W d020It ; 0 03 C �1 �e w 1 > 103 o Q c 29 r1 Kent City Council Meeting Date September 2, 2003 Category Consent Calendar 1. SUBJECT: SENSITIVE AREA QUITCLAIM DEED FROM THE BOEING COMPANY- AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, accept from the Boeing Company by sensitive area quitclaim deed approximately 10.98 acres of real property located at the Northeast intersection of S. 196 h Street and 72°d Ave. S subject to the City Attorney's and the Public Works Director's concurrence of the language therein. 3. EXHIBITS: Public Works Director memorandum and sensitive area quitclaim deed 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. 6E PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P E Public Works Director Phone:253-856-5500 Fax 253-856-6500 K E N T W A S N I N O T O N Address 220 Fourth Avenue S. Kent,WA 98032-5895 DATE: Aug t 9, 2003 TO: M rte and Kent City Council FROM: Don tckstrom, Public Works Director THROUGH- SUBJECT: Acceptance of a Sensitive Area Quitclaim Deed for approximately 10.98 acres of a wetland mitigation site from the Boeing Company located at S. 196th Street and 72"d Ave. S. MOTION: Recommend accepting from the Boeing Company by sensitive area quitclaim deed approximately 10.98 acres of real property located at the Northeast intersection of S. 196th Street and 72nd Ave. S. SUMMARY: Accept from The Boeing Company Sensitive Area Quitclaim Deed totaling approximately 10.98 acres of wetlands adjacent to Mill Creek, a salmonid bearing stream. Parcels ID Nos. 331060- 0100-05; 331060-0375-03, 331060-0385-01 BUDGETIMPACT: None. The Boeing Company is responsible for maintenance and monitoring of the site for a ten- year period. After that period, the site will remain in its natural condition and little if any fiscal impacts will result from the property. The site has been heavily planted with trees and shrubs and will be a forested wetland at the end of the ten-year monitoring period. BACKGROUND: As a part of the SEPA conditions of Pacific Gateway, The Boeing Company was required to dedicate in a separate tract or record a Sensitive Area Easement. The site is the location of the wetland mitigation from wetland impacts on the Pacific Gateway site located at the northwest intersection of S. 212'h Street and West Valley Highway. The site contains healthy forested wetlands adjacent to Mill Creek and 3.49 acres of created wetland adjacent to Mill Creek, a salmonid bearing stream. The mitigation plan was approved by the Unites States Army Corps of Engineers, the Department of Ecology and the City of Kent. The Boeing Company is responsible for maintenance and monitoring of the site for a 10-year period. This property is an excellent acquisition for the City of Kent due to the quality of the wetlands and habitat potential for salmontds, amphibians and other terrestrial and aquatic species in the Mill Creek watershed. Mayor White and Kent City Council The Boeing Company Wetland Mitigation Property August 4,2003 1 WHEN RECORDED RETURN TO: Property A1anagement City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor: The Boeing Company Grantee: City of Kent Abbreiiated Legal Description: Portions of the North '/2 of the NW Y. of Section 1, T22N, R4E,W N1. Additional Legal Description on page 5 and 6 of Document. Assessor's Tax Parcel I Nos. 331060-0100-05. 331060-0375-03; and 331060-0355-01 Project Nance: Boeing Pacific Gateway Parcel -t Wetland Mitigation Site Document Date: July 22, 2003 SENSITIVE AREA QUITCLAIM DEED (Corporate) THE BOEING COMPANY ("Grantor"), a Delaware corporation,for and in consideration of mutual benefits derived and/or other valuable consideration receipt of ++hich is hereby acknowledged by Grantor,conveys and quit claims to CITY OF KENT, a Washington municipal corporation, ("Grantee") for municipal purposes relating to sensitive areas preservation and maintenance, the following described real property situated in King County, State of Washington,including any after acquired title ([be "Property"): SEE EXHIBIT "A" ATTACHED SENSITIVE AREA QUITCLAIM DEED-Pege 1 of 6 (Gen,•ecn The Bocing Company and Gay of Kew) This deed does not relieve the Grantors' successors, heirs and assiens from any pic%ious obligations within the described sensitive area,including, vothout limitation the follo\Nina: Ll Grantor shall post a maintenance bond for the Nt etland on the Property for ten (O )ears after recording of this deed, and said bond shall be in accord with Exhibit "B" attached and incorporated by this reference. 1.2 Grantor shall maintain the Property in accordance pith the requirements of the State of Washington, Department of Ecology attached as Exhibit "C" and incorporated by this reference and Grantor shall ha\e, and heiehy reserves to itself, the right to enter the Property from time to time to inspect the Property, to ensute that it complies with said requirements, and to perform such maintenance, repairs, replacements, restorations, renewals, and other work as may be necessary in connection with such requirements. Without limiting the generality of the foregoing, the Grantor hereby indicates, pursuant to the requirement in Exhibit "C" titled "Deed Restriction" that the wetland mitigation areas of the Property are "waters of the state." 1.3 Grantor shall maintain the Property in accord Wtth the requirements of the Army Corp of Engineers, attached as Exhibit "D" and incorporated by this reference and Grantor shall have,and hereby reserves to itself, the right to enter the Property from time to time to inspect the Property, to ensure that it complies with said requirements, and to perform such maintenance, repairs, replacements, iene»-als, and other work as may be necessary in connection with such requirements. The conxcyance and quitclaim hereunder is further subject io the follo%%ing I 2.1 The Grantor hereby reserves to itself in its capacity as Corporate Trustee for the Western Processing Trust Fund 11 the right to enter the Property from time to time as necessary to comply with the requirements of the Consent Decree in Cause No. C83-252A4 dated April 10, 1987, and without limiting the generality of the foregoing to inspect, maintain, repair, replace, restore, renew, and, as necessary decommission the extraction wells, monitoring wells, and piezometers referred to in Exhibit "E' and to obtain readings and/or samples from such extraction wells, monitoring wells, and piezometers. Grantor agrees that in exercising any of the rights it reserved under this Quit Claim Deed should Grantor determine that it is necessary to decommission any extraction wells, monitoring wells, and piezometers, Grantor shall obtain prior written approval for such work from all applicable agencies, and Grantor shall repair any property damage caused by Grantor during the course of said work to the satisfaction of Grantee. 2.2 The Grantor hereby reserves to itself in its capacity as Corporate Trustee for the Western Processing Trust Fund 11 the right to enter the Properly from time to time to inspect, maintain, repair, replace, restore, renew, and othemise perform work SENSITIVE AREA QUITCLAIM DEED-Pac-e 2 of G (beriveen The Boeing Company and City of Ken ) on the folIowing features dcscnbed in Exhibit "U: Detention Basin,Slurry WalI, Site Cap Storm Drain System; Access Roadways; Mill Cieek Culrcil and Slope Protection; Area 1X Cover; and Fence. 2.3 The Grantee,for itself and its successors and assigns, agrees for the benefit of The Boeing Company in its capacity as Corporate Trustee for the Western Processin, Trust Fund II that the Grantee will not tale any action that a ould disturb,damage, or alter the Extraction Wells, Monitoring Wells, Piezometers, Detention Basin, Slurry Wail,Site Cap Storm Drain System, Access Roadways, Mill Geed Cuh en and Slope Protection, Area IX Cover, and Fence described in E,.h:bit "E". The Grantee's acceptance of and agreement to the foregoing shall be evidenced by the recording of this Quitclaim Deed in the records of King County, Washington. Such agreements shall be cotenants that tun with the land and shall bind the successors in title of the Grantee. 2.4 Pursuant to the requirements of XI1.C.3 of the Consent Decree in Cause No. C83- 2521\1 dated April 10, 1987, The Boeing Company, a Delauvaie corporation, hereby notifies the Grantee and any potential purchaser of the real properly described in this Quitclaim Deed that the use of groundwater beneath the Property may be restricted and anyone seeking to use such groundwater must comply with the present and future restrictions placed on the use of groundwater by the City of Kent, the State of Washington Department of Ecology, and their successors. 5 Grantor agrees that in exercising any of the rights it reserved under this Quit Claim Deed should Grantor's acuity cause loss of or damage to .iny property, Grantor shall repair any such loss or damage to the satisfaction of the Grantee. GRANTOR: THE n -,EING COT\TANY b X lg Y its A orized Signatory DATE: 710 7 03 (Norar).Public Acknur+lcdgcrncerAppenrs on Neal Page) SENSITIVE AREA QUITCLAIM DEED-Page 3 of G (ben,ccn The Boeing Cnmpany arid Cray of Kcnr) STATE OF WAS HINGTON ) ss. COUNTY OF KING ) On this day of - ,—�i _—, 2003, before me a Notary Public in and for the State ofWashington, personallyapheared to me knok\n to be the Authorized Signatory of THE BOEING COl\IPANY, a Delaware corporation, that executed the forewino instrument, and acknowledocd it to be the flee and Voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated Chit they \\ere authorized to execute said instrument. -VoJan•(af dfan Appa or n•uJnn flat Rt,r- W WITNESS WHEREOF, I have hereunto set my hand and official sea] the day and year first abo\e\\ritten. \ntni ifr11� O\\�Ep E C• ejeiei IOMP rr�i�� ` 1 NOTARY PUBLIC, in and for the State of Wash gton residing at 1'Gi'1 I t1 My appointment expnes ( � ti I f APPROVED AS TO FORM. Kent City Attorney P Scn.... �rc.F7wwCl�unDcc�l1 Jw. SENSITIVE AREA QUITCLAIM DEED-Page a of 6 (bcrlrecn 77Je Bocing Companp and Glp tJKew) EximnIT A EXHIBIT"A" LEGAL DESCRIPTIO14: PARCELA: THAT PORTION OF THE NORTH 112 OF THE NORTHWEST 1/4 OF SECTION 1,TOWNSHIP 22 NORTH, RANGE 4 EAST W.M , DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 1, BEING THE INTERSECTION OF THE NORTH LINE OF SAID SECTION AND THE EAST MARGIN OF A 60 FOOT STRIP OF LAND CONVEYED TO THE CITY OF KENT FOR 72"D AVENUE SOUTH BY DOCUMENT RECORDED UNDER KING COUNTY RECORDING NO. 8709180746, THENCE SOUTH ALONG SAID EAST MARGIN 678 FEET; THENCE NORTH 89022'00" EAST TO THE WEST MARGIN OF THE PUGET SOUND ELECTRIC RAILROAD RIGHT-OF-WAY; THENCE NORTH 00047'00"WEST ALONG SAID WEST MARGIN. 678 FEET TO THE NORTH LINE OF SAID SECTION 1; THENCE SOUTH 89022'00"WEST ALONG SAID NORTH LINE TO POINT OF BEGINNING, EXCEPT THAT PORTION THEREOF CONDEMNED FOR DRAINAGE DITCH NO. 1 UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 32912, (ALSO KNOWN AS LOTS 3, 4 AND A PORTION OF 5 TOGETHER WITH A 30 FOOT STRIP ADJACENT ON� THE NORTH, LYING BETWEEN THE PUGET SOUND ELECTRIC RAILROAD 91GHT-CF-'.%';'Y;.IID A 60 FOOT STRIP OF LAND CONVEYED TO THE CITY OF KENT FOR 72I'D AVENUE SOUTH UNDER KING COUNTY RECORDING NO 8709180746 OF HIGHWAY HOME GARDEN TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B- THE WEST 160 FEET OF THE FOLLOWING DESCRIBED TRACT: THAT PART OF THE NORTH 1/2 OF THE NORTHWEST 114 OF SECTION 1,TOWNSHIP 22 NORTH, RANGE 4 EAST W-M., DESCRIBED AS FOLLOWS. BEGINNING AT A POINT WHICH IS NORTH 89022'00" EAST 1,365 FEET AND SOUTH 678 FEET FROM NORTHWEST CORNER OF SAID SUBDIVISION, THENCE SOUTH 655 28 FEET TO THE NORTH LINE OF DWYER COCHRANE COUNTY ROAD NO. 1124 (SOUTH 196T" STREET); THENCE ALONG SAID ROAD LINE NORTH 89032'00" EAST 363 10 FEET TO WESTERLY LIIJE OF SEATTLE-TACOMA INTERURBAN RAILWAY RIGHT-OF-WAY,NOW PUGET SOUND ELECTRIC RAILROAD RIGHT-OF-WAY; SENSITIVE AREA QUITCLAIM DEED-Page 5 of 6 (Gent ecn 7lic!loving Company and City of Kent) THENCE ALONG SAID RIGHT-OF-WAY LINE 14ORTH 00047'00"WEST 656 31 FEET, THENCE SOUTH 89022*00"WEST 354.12 FEET TO BEGINNING, (BEING TRACT 23 OF UNRECORDED PLAT OF HIGHWAY HOIv',E GARDEN TRACTS), SITUATE IN THE CITY OF KENT,COUNTY OF KING, STATE OF WASHINGTON. PARCEL C' THAT PORTION OF THE NORTH 112 OF THE NORTHWEST 114 OF SECTION 1,TOWNSHIP 22 NORTH, RANGE 4 EAST W M , DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS NORTH 89`22'00" EAST 1,365 FEET AND SOUTH 678 FEET FROM THE NORTHWEST CORNER OF SAID SUBDIVISION-DIVISION, THENCE SOUTH 655.28 FEET TO THE NORTH LINE OF DWYER COCHRANE COUNTY ROAD NO 1124 (SOUTH 196T"STREET); THENCE ALONG SAID ROAD LINE NORTH 89"32'00" EAST 363 10 FEET TO THE WESTERLY LINE OF SEATTLE-TACOMA INTERURBAN RAILWAY RIGHT-OF-WAY(NOW PUGET SOUND ELECTRIC RAILROAD PIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00047'00"WEST 656 31 FEET; THENCE SOUTH 89022'00"WEST 354.12 FEET TO POINT OF BEGINNING; EXCEPT THE WEST 160 FEET THEREOF AS CONVEYED TO THE AUSTIN PARTNERSHIP,A WASHINGTON LIMITED PARTNERSHIP, BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 8201150028; (BEING TRACT 240E UNRECORDED PLAT OF HIGHWAY HOME GARDEN TRACTS, AND VACATED STREET ON THE EAST); SITUATE IN THE CITY OF KENT,COUNTY OF KING, STATE OF WASHINGTON SENSI FIVE AREA QUITCLAITA DEED - Page 6 of 6 (Gcfirccn The Bocung Comq)any and City of Kcnt) E\::IBIT B OCJ PO PL-RFOR.-NIANICE BOND Luna Nc). 10-lil;?,r;ti KNi A\' :\Li, Ii TIIFSi: that ,\e. 'I he il,,ll. and TravcICI.i Crltiu;lIIV olld Surd) Coll Ipally ol•;l III elica. .i1 Surcty. .IIC held spud ]it III]v bound unto ('in' in ilsu tmm of 1•ifo. lour Thcxrz.t d Unc HLIOLIIcd 1~•r•ll; 1•c,uransl (_l(1.1i1O 1)�?lla::ti 1`:i-1.1�-1.001, i�r�r Isayiu�•ist ��hcrrol�yai�l 1':incih.11 anal Surety hind Ihcntuly��, their hehs. c�.rcuttttti, adminiar.vi>ls, succcs�uts :u:d :►�ai,�ns, tClimIV and se"erally, filmy by thrsu prebcllls. \\,'IIhIZE-ALS, the above-bound I'tincipal has uur►plctrd the plant in;tailatiOn outimcd in the City of Kent appto\cd \\'clland hliti!Ualillll flan thevised) P.1C111C CtalcN,l\' Dusinzo, Pal k prepared by Chad armour. T.I.0 dated AuvwA. 'tln? (\\ ellat;d 11iti�atic,ll I'{,su); �'. herons. as :t condition of the approved Weiland Mitigation Phil. 1'tmcip;il Ims a�(greed to post a bond or other ,urety in the 1111 111111 of I-- perccnt of the 01'the r\prctcLl colt to icplace the installed plants should they fail 10 51111—iVc and the t;ot1t to mcmitnr and maintain the remstrtu•tion area dulirl�� tile 10-vcar tnntjiiol inu pel Iod Nc )W. T111:1:1 FORT-. TI ll: C t NDI I It tN I I1L .\tits\T t!ril iG\ I MN Iti st'C11. th;►t if the ahu\c-natllCLI PrillCip,d, its suCCCSS ►r, docs ;md shall \+dl and troy petfunn, fulfill and peep its i,hlipausms .►s' sct li)rth in (lie allove-mcnt:on,d :111.)1ovc•d We Altti alion 1'lalI. IOT ',�III ch :1 h011(I IIUFI hr 1)4)strd, 11hm thr .lhn\e obligation shall be temmiated: ntherm"C the obligation sh.tll remain in tull JOICr,:rld ell�c•t. 'I'l IIS BOND \%ill tun for a three t 3t-ec,ir Icim cltec•tive March 6. 300; -1-1 HS BONr) 15 til.'iui: : l', hss«c�cr. to the lullo�+iu� condition';: FIRST: That in the c\eni s,l'a dcl•;udt oa the pall uJ the Princip'll. its or as-Si-'ns, a Written statement ofsuch default v ith full dclatls ttxrcofsh.,ll the okunio t. Surety promptly. :utut in :uly crcut, \\ilhin six (6) months alter illu Obhucc shall learn (it titich del:ltilt. Such notice tti be ►Icli"cict{ of by registered mall In Cube\ at -11 �lulnrul Bl\'d.. Naperville. 11. 60563-845S. SI:C'UND: That no Claill), Suit or action tuldcl IhiS burnt by reamm of ally a:ch s►d:rlllt Shall he hrollbhl .le"Aillst Surct}• tltlll�.,s asseaed ur commencrJ Millirl lV,ncc (1_') mon'111,v after the effective date of any tetmination or c.m.cellatton of thi-, hand. 0 l f Hh1 ): 111;It ill �'l�Icr I,o -,;: isfv the 10-Nc,ir bond lllg ICCILlil-Ci11L]It-i iil Ill C ;11'hl'it1ed WeLIand MiIintion Plan thi, bond may he atitc III aticaIIy Icncv,•Cf-I liar IN',o (2 ) add II;ol Ili rce (;)- -car grins .uld ells ( I ) add Itirnal I-year term, ullIess or c,ulr,lt.:� Sill-Cty by tililty (30) days' hlicrr notice ill miting lrom Surety to P►limpal and Oblige, such iiolice to be iv;:n by certified mail and acknowledUed by said Obli"cc. Skid) termination or cancellation shall not affect amv liability incurred or aCLILied under this bend prior to the effective daue ul'such termination or carlccllallon. Ilic liability of tl, Surety shall be limited to the annuult �cl furth ;illd is not cumulali\ e. Such tcinmimil, ;hall, not affect PI111CIr;l1's obligation to ti-Itisly the IU-war bolldlJl`trC�JllllelllZm. F(_)l.RTH: That no riolit ufaction S11,111 accrue under this bond to of for the tiw uf.ui lI.crs<1n other than the t-)hli`TM. I N. WITNI-SS I HER}-OF. the abOVC-lll1lind Nrinclixil and Sulcty h vcheret:ndc.1. -,:t 111� it liands Lind seals on the 26day ol'March. 2003. The Boeing Coil zany Avi "A . I-►�cll e lL ksis�oal'+ Tre ksurer- Travcll is C'astialty and Surety Company of Amcerica i 13� . C.R. I lernandez, Altoona-ill-1 ,ict T I I(tN El FRS(A%UAL I Y AN)SI,Rk I Y C0%IFAJ4Y OF ANI).RICA I DLAVELERS CASUALTY AND SURE I Y (W1114tiY FkRMI'sG I ON CA%1141.TY CONPA4NY Hartford,Conaccntcut 061S3-9I62 VONVEI(OF.V'1 f01LNEY ANit CERI IP!C.VIE OF AUTHORITY OF ATTORN :1'(S►-IN f1C1 KNOW ALL PERSONS UY 'f11ESE YRESEN7S, IILVI' IFUiVELERS CASUALTY Vil) SURE11 CONIPINY OF ANIERICA, TRAVELFRS CASUALTY AND SURETY CONIPANY and FAPNi NG1ON CVSUaITY CONIPAti1', corporations duly urganacd under the lasts of the State of Connecticut, and having their principal offices in Ute City of ii-utfuld, County of Hanford, State of Conneclieut, (hereinafter the "Companies") Rath made, constituted and appointed, dnd do by Ihe(r prescnts make, constitute and appoint Tbcodore C.Sevier,Jr.,C. R. Ifernandev, Ralph E. Nosal, Kalhtnnt J. Forril, Dchn It. Kecbler,Sandra Notakon ski,Joseph R. Poplan'ski,Shelly K Szymczak,of Chicago. Illinois, their Iruc and laniful Aliernc)(+ in-Fact, with full power and authonly hereby conferred to sign,excatle and acV..no%v1cJge, at any place %anion the Un.ttd St iics,the folloaung utstrunienl(s) by his/her sole signature and act, any and all bonds, recogninniccs, coniraUs of mdeinruty, and who vvntings obligatory in the nature of a bond,recognizance, or conditional undcnal.ing and any and all cerstss u,ndet.l Ihenclu And 10 bind the Companies, thereby as fully and to tic same extent as if the same were signed by the duly audiorind ufficcrs of the Companies, and all the acts of-aid Ationtcy(s)-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed This appointment is made under and by authority of the follosung Standing Resolutions of said ConlpaulCs, '60101 Itc•-,oluUons art now in full force and efrect- VOT ID. Thal the Cluimnaq the President,any Vice Cl"wa.-L,aq Executive Vice Nc%idrnt,any Scoot Vrce Presiki t,wy Nnct President.rp.v Second Vice Ncsidenl, the 1.casuter,say Assistant Traxaucr, the Corlrrete Sccictu) or any AssiA lud Secretary may apuunt Attourcys-tin.Foct and Agents to act for and on hAalf of Lhe company and may Roe %uch appointee arch au honly as his or her cer ufrcute of autbrnty may prcagce to sign with the Cornii'my's name and seal with Lic Compa•r)'s seal tx,nds,tecopu.•-.racs,co:,(:a_t% of rude-nn•I),:,n,t-_'ha :a,w vs%mi,iiaiu•e.n the itatwe of a Loud, rceuycil rue, or cundlional wJertal rig, and wn of said otLccis or the hoard of Duecluis at ui% tune in rcmc%c any sxh appointee and re%oke the poucr given hen or her VOTED That Ure Chsuuian,the Picsidmt,Luny Vice Chairman, art) Exctuuve Vice President, an) tientor Vice President ul wry VrtC 111es3Jcrt rray delegate all or any part of the foregoing authonly to one or more Writers or employees of Uus cony'Cly,ptusrdcd chat cash uIA delegation is in venting and a copy thereof is filed to the office of Ute Seciela y VO FEL) That any bond, secogsnanee, contract of indemnity, or varung obligatory ut die natuic of a bund, iccognuanct, or cnndoinnsl undertaking shall be valid and binding upon the Comtan) %khtn(a)signed by the Prendent,any Vice(Amman,any Execuuie Vice PicsiJud,a;n Senior Vice larexndenl or any Vice)hesident, any Second Vice lYandent,the Treoswer, wiy Asstuuud Trcanucr, the Corpa-ale Cecremry or mry Assistnrit Secretary and duly nucsted and sealed wilh the Cumpany's%cal by a Secretary or A%sr.lant Secretary,or (b)duly exetuttd(w1dcY seal,if required)by one or more Auoine)s-m-Fact aid Agents lxusuaut to the power picscnbt:d un his or her 1.011fntdle or that cenihcaics of authotd)a by one or nioic Compwiy ufficns pur%uunl to a %%ripen delegation of mudronly This Pom er of Attorney mad Certificate of Authority is signed and sealed by facsimile (mechanical or printed)t ndcr and by authority of the following Standing Resolulioo soled by The Boards of Directors of TRAVELERS CASUAL'I Y AND SURVI Y COMPANY OF A11fERICA, TRAVELERS CASUALTY AND SURETY COWANY and FARAIINGION CASUALTY COMPANY,nhich Re%olulioa is now in full force and effect: a VOTF1) lh3t the signature of each of the folloxwg cfTvcrs Vic%idcnl, any C-xecutue Vite President, any Sentor Vice President, any Viet President, arty AssisLvd Vice Prt%idant, an) Secretary,may Ac%istanl Scoctary, and the %UI of the Company rimy k afrowd b)fdtsmnde to eu) power of attorney or to airy certificate relating Uncicto appointing Resident Vrtc Picsidods, Rt%idtnt A%snlant Sccreta,res or 4tio•11c)s-1J1-F0(t fen purposes only of eaccuung and attesting bonds and undertakings and other vntings obligatory in the natwe theicuf,aid any such poacr of allomcv or certificate bearing such focsunile signature or facsimile seal slidll tic valid and binding upon the Company and any such pouter so exeeuied wd testified by such Facsimile signature and Facsimile sot shill he valid and binding upon lie Compan) in die fulwC%11h MPctt In any bond ar under*�kirg to%%hitch it is auachcd. STATE OF 1LLINOIS COMN i'Y OF COOK 1. Tr-+ :Ej R. 'r'aA-,lr-r _ r a Notary Public in -and for said County, do hcreby certify that C.R. fiarnir1-L Attorney-in-tact, of the: Travelers Casualty and Surety Company A Connecticut Corporation Of A=trka Travelers Casuatty and Surety Company A Connecticut Corporation Farmtatton Caraalty Company A Connecticut Corporation who is penona.11y known to me to be the same. person whose name is subscribed to the forego instrument, appeared before me this day in person, and acknowledged that they signed, sell and delivered said instnunent for and on behalf of: T rs:rekrs Casualty and Surety Company A Connecticut Corporation Travelers Casualty and Surety Company A Conaccticat if�orporatlon Farmington Cmuslty Company A Connecticut Corporation for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Chlcaeo in said County, 2G day of r•tisd, AD -,-W3 Notary Public "OFFICIAL SEAL" DEBRA R. 1:EEELLR i Notery Public. Stale of ri nois My Comrni.slon &prtes 130,103 ; Exinni r C .lal! 111 1\AL111:�1.IfrN \IIrr;111Ll 14"PL':I11 O lilie 11,101111011t.. .11' �l Iil'::11. 1'. 111.1.11"rl'•; '• i{I'1-:j�_ 1_.'!:h -�1.:•I A w;II,I I'>. .(!tl_ REGIS l•L'RED NIA I I. RR, 359 S92 80; 1 :C %ir Phil Qd,t l P,ocine heallili-Coll-tor:tien I'U liitx 3 UI, 't1C :R-79 Seattle, \'rA 9SI24-2207 De.lr Mr. C thu11- RF. Urdern02SEANR-4579 ll S Army Cvrp� s + :�-00.4.1`ll1.9 - \ .ALI Q;Mlil ( 01111CIIIIA-11 o I,IJI /041C Con;i,lrnt v Di.lei mitution litr ufip),151u '_ 31 ALIL>ul'ttLIhildS ti11 CC'nUlIIC1It)] ul I'.ILlllc C;e;ctt:� fluLinLS, I'.uh, I:cnt. Wa=hln_'tun" I-Ile Ierluc.t lOr ccIitric,tton for plrpL+sed .t.r1 Ill ttctl:nds adjaccnl Iu hull C,-CLl,11.1S '.vcn r L u tt J. C-11 h�11,11f t11 tllc Sta:e of\1',Ishlltcton, tte Lcrlily dim the prupo�t:d t+ttrl..•»Lon, 11i1'ned hr the u'Llo.L,I (hdt.r, a 111 comply tL Ith applicAtle I,rov itiLu',ttl tic(tltm, ;DI. .n'_, MI. '06.1uJ 30' Ill 11L ("IL.w \\.dcl ALI. aS .U)ILIlded. )fill t4111.1 .11,1111•Itrl Ilc ILt1nnL'nLnl; 1 I "1:!IC I:•,t. 111' !Ltter nho :LI\t 1 ,: dlL ',1 do rcNpows c 111 Ihr l m p% ol'l n_•InCL.I . 0 I'utul:nit its i6 0 S C. 1 1:6 el sell (SeLtt,llt 4-tcN.)/tf the Cr),1.+1 /une M.a I),,cm Ltd '\LI of 19'3 a, .1111L:nded). 1-c(Joey concurs tt ilh Ilse aIll111eenl'e dclermin)IlL n 111.11 Illk tttn1, a Ill he (0:IskILIII a 01 the ahprot ed Wa;Itln!_lon St)tc C mIslal Zone hl)n:l,enlrnt I'tuLl:mt- IIIIS u)lie Ill Lncc I, b 1.LII IIP,M the applicant's compli:ntLc tt ith fill .Ipplic)hIC u11VILL.011c puliLlcs 1 111C C 11.1-1121 /unc MAIM-2,uu,nt Iht�•_1aM. includin,_SecuLm 401 or Ilse I'cJLral Walcl Pttilutt(In Conucl Act. This rcltlliwttnn IC suhjecl to the condutons contanted In the etlLlllsed Clldrr If\ou het(')nyq:lc,tirm. please contact.Alice Kelly ;it (•125) fi 19-71.1 i W1111cn LOMBILI 1.CAll he,urt tit hu )1 the Ihlt.nunenl ill L,Lolouv, 31110— 1601" Ave SF. RLIIL;uc, WA 9%0OA'. 1 he LtILIu.Ld OI.ILI nl,l) lie q'I'valud by follov. the prtKL(lulc, Llc.0 IbLd In the(h,icl. tiincr,rl_y. ,1 I L'.tllllll' III I111IrIhaL$ Sh,/rclands,:nd 1-mironnlull.d A-,st,I,ncc hoemilt IS A 11 ! Itclil�.utc (c ILn1.uh.In Sn1iIll,('utp. ul l ncnlLrl , .n1� Fi,hu, \\'I)I W • 1'tt•unc I Iht•a. l_Lulr�i C hrts .%u,Ilit. Ill oic, I I)n ICI sit'II, 1111. I Lan Roth .L I)E11ARTMFNT OF ECOL06 NORti I"]iW 1ST REGION,\, OFFICE IN THE MATTER Or r.RANTitiV A ) O1LUUP, it 02)SEAINU-4579 WATEIt ()i- A LIT V } Corps Reference 4' 2)(100-4-011279 CERTIFICATION TO ) Place-ment of hIi In 2.19 -.,cm of,\ctlan(i; tid tLc IloeiIir Neatly Curporation 1 colistillction ill' Il,k'11ic tJ;U,C:\\,1\ Busmcbs I'-1, in ill occoldance \\ith 33 U.S.C. I "11 ) i:ent, Iocatcd in S,_�ctlons _2 and 11, T . „ N., R. 1:`A1PCA $ 401, RC\4' ()0.4S 260 ;lmd ► 4 E.. King Comity, \V islull,_,tal Chapter 1 13-201 A WAC ) TO: Mr. Phil cybu1t 130cinS Fealty Coil oration PO Buv 3707, MC Seattle, \VA 9.9121-2207 On May 6. 2002, a puhlic notice fora proposed ovatei quality ceilificalinn fi nnl the St;ltc of Washington \\'l15 distiibuted for the abu\e-rderencA pr(�JC(A ptlrsuml. to the prmhiuns of 33 I:.S C. 1341 (P\'dPCA §401). I he propclscd pluiccl clllail, placcnicnl oflill Ini ctlm"tluctiund"i busln:ss p;1lk. LStimaled \\•eiland fill for lead ciossing \\ould he 0.49 acle. hullJinW_Z, lnt- an, landscapI \\ill l 11 1 7 acie. .md 0.12 .Ilrc \\ill be inlp,locd by a 3-.Icic avrin,\ .tcr Jelclnil:i rt�, d. lior a total \\cthild 1111;lAt ;11 .1 id ) ; I JC10, The nff-site mitiuLition prupusal includes cicatilln of3.48 at res of P.11ustlirl:: Cnllr cnt. sclub- shrub, and l )restcd \\•01,111d on an 1 1-acre llaiccl lucalcd adjacent to Mill C're k abollt 1 .00U 1,%1 nuithc;ist of the proposed development. An additional 0.91 acres of e\istin; lo\\•quality ellielvell and scrub-shrub wetlands \\ill be cidianccd to a forested floodpl;li 1 \\ct1, AUTHORITIES: In exercising mithoiity under 33 U.S.C. 134 I , 16 U.S.C. 1456, and RCNV 90.481-60• Fcolog.;hay investigated this application pursuant to the fullu\\ing: I . C'"onfiormance \\ilh applicable \\,itcr clu,llity-ba.SCd, tC'LI1J1C)I0'1\'-Lc vd, ,md toxic ur prctrcatiucnt cllluent limilations a: hiuvidcd under 33 1 S ('. Sectlrwn 1311. 1312. 1+13. 1 316, and 1317 flVPCA Sections 101 . CI?. 106 and 307), '• Conlurinance \\ith Ilic stale \\alel quality ';landalclS as pIMided for inChallier 173-201A \VAC: atithoi iced by 33' U.S.C. 131 3 and by Chaptcr WAS P\CW. aild mth other (ipprupriatc iccluirements uI slalc 1;Iw: and fCoi11t1I"I11t1IICt \11111 lhi hlU\'I11011 111 tl,lllri ;111 I,J10V:11, ;i1;111.1111' and [l'd iilldblC 11l'(hhC1J to prevcn1 and cowiol pollutioll of stile \\'ateis as ic(luiied by RC'1\' 91) 4;; 111{1 Pa e ' cj( CONDITIONS Or ORDER 4 02SEANR-4379 AND XV.NI•L•'lt QU_\LI1•Y CLIAt'I'IF'WATION: 0 111 N ic,i' of 111e Intl in ecoldance %%ilh 33 U.ti.C. 13,41 , 90.48.200 ItC\V .Intl Ch:II trl 173-201 % `%V \(', ualer quality certilic:Itirll iq `;Ial;t2d l0 11oCin_ I'Cdltr (`0:ror211n)l sul ied 11-1 ill f of hnii,Illu colld!tionh: A. No Impairment of NV—utcr Quatity: AL. Certification of thiq proposal does not a III10rite Boning Realty Cutper.aion to exceei applicable state \\atcr quality standards (Ch:lptcr 17 3-201 A WAC') or sedinlcut quality standards (Chapter 17 3-_'04 WW). Water quality cl iteria contained in WAC 173-201 A- 030(1) and WAC 173-201 A-040 sliall apply to this proicct, tlnlcss utbt:lll lse :luIIl0T;7ed b•; Fcolopy. •I his larder does not autholi7e temporaty exceedances of.\ater quality :,tandart's bcyond the limits establishcd ill %VAC 173-20I P.- 110(3). Iltrthctl;lolc, �;clllin� ill this ccllilicatioll shall nb:zolve Boeing Realty ('orporation fionl liability for cimtantin;llirnard -im subsequent cleanup of`urf ice graters or sediments nculrring its a reqult of project construction or operatiuns. Mill (_'leek hciq been identified oil the 1998 303(d) I1S1 as c\cceditlL, st.lte :il,aterquallty ,tandar1 lur dIS'Alh•rd \Y"ell, lta,.11 COI futln, and tC111I)1,11 Ili e. I hiS 1l1iyu1'ed pl0iclt •,hull n� t rc:nit in funhzr e�c:ctlanccq t�ftLL•;z :.t:nit'.:a,l .. Project 11itifw:llion: ill . Impactq to aquatic resources shall be mitieatcd tluough measures described in the 1*611ul\ine ductiments, except its modified by this Oldcr. • Wclland N41tigation Plan (Revised) ?ricitic Gatcway liuginecs Pnrk. prepared by Chad Annour, dated August 2002. • Respome letter from Chad :armour, dated August 15, 2002. • lh'cllAod Mitigation Planting plan, Sheetti W1.2 and W1.3, prep--red by fl:ughau,en, dated rciii:�iuns July 22. 2002. • Final (Marina For \ etland Plitioatiun. Sheet 1, prep;red by Bar�eduuxn. dated rC\•tS1UtIS JIIIy 23, 2002. B2, "AS-13u111" Pa:port: ,fin "as-built'' rcpullducurllcnlin- tllc rural dcaiuurf 111e luili`_:itikill project area shall be ptepmed «hen site C011MrllC6011 and plantine is complUcd. fhe Ic'1-111;1 shall inchtdethe fctllult,ine: • Vicinity 111,111 showill" •.Ite access; • Final rite tilplptaplll . • Dr wing that :;h<ill cic,1lly idcntil•y the boundatres ul the nutlo,dlon ,nc* • The installed Plantlnu scheme sllotltitlo qualltitics, .1cilsitics, -nd 41,I'Ict\Inl.11e loc.,1110l; of plant-, as xl'cll as phil sty', run xui ,11C tillw of ruse 3 of1) • III o-u-graphs of the aien tal.cn from licnnancm reference point': • Luc.11ions of photc`pointc, sampling end Illonitoling Sites. • An on,dy'sis of.my tI m,_�is tv the mtligation pl a that occurred dot in-, construction. A copy oftbc "as-built" iepmI cil III he nCtlt In DCparuuCnt (If LCCIIiIL)'. I:CJuel Yurll.t Coridinnior.i 191 164'tt.\tcn:ic SF. IhIIct uC. �:V*A, ;n 60 da\,;of comp Icling construction and initial planting. mid in no t.lse Imci dun Duct mbcr 3 1,_V(U. Deed Restritlion: Permanent protet Lion of tht: ;ref!.nd nii-.wition :md lvc%r\alion.l!: ;. as deicntied In Welland \1m-,niinn I'lan ll:ctit�cdl Nufic Gatc;•.» Ousm is I'.:rl.. prepared by Chad Armour. dated Aueu't 2002. chill be Iecoided on the nppropi I,ac proptrty dyed. I IIC deed _h,lI 'kitIN, indictdC that the ,ud.ind miIipatiun .areas ate 'u iris Of the state." Documentatioa that this requirement has been fulfilled. includIn-, coplc<<d permanent restrictitc casements, shall be prut Wed to L'coloe)'s 1'cdcrel Permit Cootdinatur at the same time as the "as-hudt 1 report Field super.ision• t he \tcIIaod miIi;,ativit fit,:thus tui\it) and pli ml ia_.t.illaIioitskill h tit-Id-supen iced and in'pCtted b,. (hid Armour. I i C nr other qualified tonsultnnt(t)in ensure prupu clev.itions .IrC.Ichlcted anJ proper plaurnmi.of plants Monnorins • Monitorinc OiAl be conJutlCLI as idcl;t!fiCd in WCII.nd Milicatil`n 11:1 WC;I'M I'.Icitic Ciatclt'av liucinccq Palk. pitpmcd by ( had atmour. Jalyd '1u_usl'ntn Copies of all monitoring report% •.hell be cuhmitted to Pcnlne) al 1190 — 1 OP, A"enu,:SL. I Icllet•ue, WA `4 008-5453. es well .Is lit the Li S. .lnay Corps of L.n, iIICU%. I I IhC rt`IIIR ul the mumlorin, Indic.ue that comill^_;ntt• MC.ISUIts.Ill•n;CdCd. Ills Ill-1-1111`I slmll include adetaileddeccription of'atuonc Liken to iecufydeficienciec If Ole resahsof the innnitorine at Year 10 shwa that the mitigation area does not ,atisfy the perfemiance standards scl fcath nt the mitigation plan,.id( iliunal munourin-, and miti,,,dion way be icgimcd (e g, replanting,still amendment', cclCttion of allcmatitC 'peck', rc-0.11U.lnnn uhthc f`Crftln1I.111t,C S1JIId.uds. sic 1 .any additional namltonng or luititauen measures arc tiuhittl to rctlels and app:otal of the r)epartment of pcolo:!y. I.II IIICI I.1 FICC. hhe applicant Is iccponcihlc for maiuicimmu of the t.ct!enJ mitt;,.ltit-n !IL, arch that the required perfcnmance standaide ate nlcl. Accc�,s. Boeing Really C'cnpoimion'hall pro.idc access to the Imli;_alien slit upun tollikM by I=cology peI'onnel for site inspetllon`,, monitoling.and nCce•.cart (1113 cullcciinll to eustirc thot the wetland miUl alai is nnhlemrntrd ,ls appll,l cd 13i`undnry Ki-Ilkine' I"Ic Itount!ary of talc w.11mid noliplion Elie ,hall be p:nn ni i:ih m:nl.cd ,tnh MACS cpaud .lpprusim.itrh' 100I'CLI np.ul Hie maikinp chill mcliid, IWOC 111,11 tk:arly ulcht.11cs I11,11 cic.rlin;; w-c6nion mid 1'Crtlliitilpestiude .Ihphc.nu'm nie pinhlhiled v.IIhIn the nitligntical area anJ th.tt no matcn,ll nxludrtl;,I'M!c .nhl l tctl IUIrt. 'hall he Jumped `Aithin dtc WtdaIId nuti,,alion area. 11;g1W 19, '002 PU,{ e ) of t ( '. Comtruction: t:l _ Cumttuction St imwatet and rro',ion Control: 'I. �l'c�1k in or near \raters of the crate hall he done son- td mininliie t'uhidlly, erosion, and other watcr quality impacts. ConStrUCtiorl !Aor111\ Acr, �.cJllllullt ,•Ihi crCl_.ilril c1:I iol best M111aLCillent Practices suitable To 1)rC\'Gilt i`:CicJ.1111'CJ ul �Idl.' \\titer quality siandards (L!, , ha%. bales, dctcntitm areas, filter 101LO, Ctc.), 5!1:1!1 1-•- ilt place 11e1brc 5tilttin>; LIcarinr, lilhni, and gradim-, \\u1l at the 1211),10 ,ilea. a'nl shall also comply \\ith all requirements of the NMES Permits. b. Ptior to cle-minQ and Grading in wetlands. the adjacent \yctlandu \lt,tll t,e I•tutcacd fioni construction impacts. Construction fencing or flagging (using I`liehlly culored tale at no ICCS thin menty-li\c idol (25') iulci vats) of lh r\i�lin., •.:etlands and stream channels to be protected shall he completed prior to cleanr,-1. All project staffshall be trained to recognize COnStrMliorl Icncilr"Ior llaiging Ill,tt idcntifies \retland boundaries. Hquil`ment shall not he moved imo of operated in \\etlands or stream channels that :ire 1101. authrriced to be tilled (_'2. 1)m ing c1Caiing, and Filling 2 0,.e prtllcct iltC�, the appl!=am 1i ill !aki ;!) IlleaCures to I1111 imiZC the :111C1,1!IUtl Or di�_AiuhanCC dnd 1'111.11i1 C All construL11011. (lobe is shall he properly di-_poised of on land -o that it cannel cnicr ,1 �+❑lerwiv or cause water quality degradation to ante \.atere. C4_ Wash \\alcr cont,iiuing oils, >aenw. or idiot hai_.lrduus 111.11ci ials rccultin; iicin \r,wh (form ofequipnient or \yoiking areas shall he contained for proper disposal. and shill not he discharged into state waters ur sWrlll drains. 13ocina Really Curporation shall pro\ide notice to Lculo­%'s Alice KLII)• at bast 3 d,1)s prior to the ~tart of placing till in wetlands or oilier \yate►s of the sine Noll icadon 1,111 take place by e-mail to \y,l }y \'! , t_l_hLan' !u ( I__) G 19-71 1;. i,1•% to (425) ray 098. or in \\!ding. ( •li. Clean Fill Ciiteria: nocing Realty Corporation shall ensure that fill Iflar_cd lilr the hrOI)o!.eJ project does nut Contain share malcrials in luxic .1mounts. U. }'mcr�cnc�•:Cnntin;;crcy �It.•a�t:res: In the event Boeing Really Corporation Is unable to comply \•ith any of the pclnlll 1� .tnd curdilions due Call'e, th. :t1`plic u1l �n:1 I • 1111:nclll.ltl'ly lake actilln IO ~top. cont0111. :i1lJ Clcall up un^:ithori761 �1i,�h.ul:rs ul other\\\ise stole the violation and currCLt the pluhlcnl. hte,P�t 19. ?OW • notilj E-cokwv Of the CaItitle toct%n,ply. ti III lt c\Cnte �h.tll be IepoItcdItIIIIlcdl,tlel\ to Ecolny's 2a-1lour Spill P.cspcme 1 eaill :t (125) 649-7000, and \\ithin24 Lours to Fculurv's Alice Kelly at (425) 649-7145. `;uhai!ta detailed written report to I coloLy \\ithin five days that de!.cnl-eatL•e ramie r•f the \iolation, culrcctil•e ,lction t.ikrn .tlld:r 1 planned. %icps to he taken t l l,Ie\cnt a recurrence. Iesults of any samples to k-cil, and any other Item rent infili milliln Compliance with this Colidltill;l ci,ic% nut lelic\e the nl,phcant horn re-,ponsibihiv to nhiintain continuous Collipli:lice a ith [lie terms and conditions of this Order or the resulting liability limn failure• to comply. I)2. fuel hoses, oil drunis, oil or fuel Iransfcr \•,:I\es and fittings, ctc , shall be checked regularly for drips or leaks, and shall he nlaintaincd and ;toted propel ly to hre\cnt �pllls into "fate\,atcls. No refueling of equipment shall occur o\er, or I.\ithin 50 feet of creek. or \wetlands. I:. Of erPermits and Appi-mals: • SEPA DeterI11ination oC];urrsitinilicimi: issu,d by the City A Kc•ra. `cptcnibcr 21. 191;0. I lvdra.11ic Ploiccl Al,pl„v.d 01112\1 I J,,_ ho Ili►-)1'%`!-U_' I miLd (IIIM i! )7. 'ht}2 • 1�f DES Gcncril Pcimtts `: S03-003W2.% .Ind S03-00442.t. F. general CnnditiI)n,;: VI . For putposcs of this Older, the term ` Al plicant• shall mean Boeing Realty Cnipoi ration and its agents, assigns. and. contractors. F2. I'his certification does not exempt and is provisional upon compliance \\ilh other statutes and codes administered by federal, slate. and local iiwicics. 1: "I-Ile applicant \wtil be out (Ife(.1nluliance \\lip Ibis c•e•tt11K-1ilc 1 If t!le I'lv;;Ll ;s Lua_•t;;;sled alid.'or oper,itcd in a manner not consistent \\•iIh the lit oleet deticI Ipiinn eoill,uned IIi tile 1)Ll1)]ic Not Ice for certification, or as othei`.ice appio\•ed h} ecology. ,1dd1nonaI Ill itieation measures may be rctluired through Olhcr 10e•I1. staIC. Or Icdcralnqu;rcr III:llIS. 1:4. '1 he allplieam xill he out of compliance \with this codification and must real,hly \\ilh an updated application if live \ears e'hllri: het\\CC11 IIIC dil!C ell !hc I`.`.ILliIeC UI t!li., cclrtil ication and the heeinning of cnntilruction and2or disch;11`2e for \\hich the fedeial license or permit is bcin" sou"ht. 1-=. Tile applicant will be Out of Wrllpli;mcC \\•i[h this ccin icLition and must te.11,ph• \:it!t an updated Ipplicati0J1 il'thc infoimahnn contained in the Public Notice is rnulrll Ii� suhseduent submi it. lti to the I'edetal All' futwc action A thi; piolccl location, I o, enl:rgency or otl:cl•.:isr, that is not dd-Mcd in the Public notice. orhas not been : ;t by Ecology, is not autho►ized by Ihia Order. All future actions sliall be contditl, toil► ('cology for approval pi iur to implementation of Such a Ltion. 1:6. Copies of this Order _hall be }.cl,t ut► the jub silo and re;dily aL•ailable 1Vr rclrIellce h) Ecology per-;n nel, the constructirm superintendent. cons,rilctikill nlnnaeeic and ft,tcmcn, and state and local government inspectors. To avoid yiolauens or nun-compliance with this OrJcr, the trpplicant shall cwme that project manaq.,crs, comtruclion►iiPelinlcndtuts and other responsible parties have read and understand reletiant aspects of this (Wer,the NPDES permits,and any subsequent revision or Ecology-approved plane 1.7. '1 he applicant shall provide access to the project site and all mitiaalinn cites upon leyuc.t by Ecology personnel for site inspections, monituring, necessary data collection, ter to ensure that conditions of this Or&r are heinrz met. FS. Nothing in this Ordermyaiyes Ecology's anthonty to issue riMitloll.^.l oidcis if Fcology determines further actions are necessary to implement the \Niter quality ldi%s of the state. Further. Ecology retains continuing jurisdiction to make lnodific:,tnah hereto through supplenlcntat order, if additional impacts due In project construction or ol)em ion are identified (e.g., violations of %cater quality st_ndards, dmv.m.tream croNio;l, etc.), of if Aditiunal cunditions arc ncccssaly to limper protect the public intcrc,,t. F9. Liability: Any person Vyho fails to comply with any pnoN ision of this(trJrr ,hall he liabl fora penalty uf•up lu Icn lhnus,u'd d011111-s ($1 U,000) her N.iol.turm fM exii day of continuing noncompliance. ,Appeal 1'rocess: Any persun ag4,rie\ed by this Order may obinin review t lie rcef by 1p pea 1, wiI Ill I1 thirty (J0) day of receipt of this Order, to the Washington Pollution Control ifearine5 Board. P.O. Box 4090+. Olympia, WA 98504-0903. Concurrently, a copy of the appeal must be sent to the Departulua Ecolmy, Shcrelands and Em ironmental Assimance I'int;rarn, P 0. Boy 4,600. Olympia. 'N A 99504-7600. These p►occdures are wnsismit %\itlit he piuvisiuns ul t•hoptcr d', 2113 RC%V,md the rules and regulations adopted thereunder. Dated �� �`> fC i_ at Belle%ue. Wa�hnlgioll. Jeannie Sununelhays. Scctlun 1`lauagcr Sho:elands mid i-mutmn, mal ,'lswtance Department of Ecology Statc rf Wa.;hin1.tun :-:I;fSITj} 0 ' ss sY- 1 MIS -Zj 1 1 LLJ 1 1 1 . 1 ! r United States Army Corps of Engineers AXj L 3 KIP A permit to FILL_'.19 ACRES OF',\*ETLANDS ON A 240-ACRE SITE FOR THE CO\STRLCTIO\OF.\ BUSINESS PARK cm DEVELOP AND ENSURE AN FCnNn\1ICAL1•Y 1'1 ARI E Ri]C NKS PARK THAT MEE 19 TI IE EXISTING MARKET DENW\1D) IN WETLANDS ADIWENT TO THE GREEN RIVER O114'll1L BOEING SPICE CF.\ FER PROPFRlY has been issued to MENGRUL1t' CORPORATION on Address of P e r m i tt e a POST OFFICE BO\ SE M LE,WASHINGTO` 9M 24-"_'k1; Permit Number 20004-01279 I \LPH Il. GRA\'PY COLONEL,CORPS 01: E\GI\EERS t)IS-[RIC r COMMANDER EI.v FCr.1.1-03 �, �,d dt 1ER 11.i•2 3^3) EDIT�V CF J L �'.irY:c L'£ED c�' L NEN-CW I DEPARTMENT OF THE ARMY PERMIT Permittee Boeing Redly Corporation Boeing Reilly Corporation Post Office Box 3107. 6iC 212.79 Permit No' 2000-4-01279 Seattle, Washineton 93124-2207 Issuing Office: Sealt!e Dislnct NOTE: The term "you"and its derivatives, as used in :firs permA. means the perm,llce or any future iransfcrr e The ten n'lh:s off ire" refers to the- apple;r.a!e cr dr.ision office cf the US :nuy Corps of Engineers(Corp having jurisdiction over the permuted activity or the 2pprepna!e otfiaal of that office act,ro under the authority of II commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: Place fill in 2.19 acres of Wetlands on a 240-ocre site for the construction of a business par (Pacific Gateway Business Park) in accordance with the plans and dra•,:rays attached herelo which are incorperal in and made a part of this permit (to develop and ensure an ecorcmrcal!y v.able business park that meets the exrs:rng market demand for large distribution warehouses, data center, and mrnufacturing fau,rbes COrl' ale the adjacent Space Center facilities). The amount of vretlands to be filled for road cromrrs is 0 49 of an acre Buildings and parking lots will cover 1 7 acres of wetlands. Aug additional 0 12 of an acre of wetlands would be incorporated into a 3-acre stormwaler detention pond. Total wetland impact area is 2 31 acres Boeing Realty Corporation will also create another 15-2cre detention facility in uplands on the protect site. Project Location: In r,etlands adjacent to Ilre Green Rv.er u-%the Boeing Space Center pi(iptoy at Kent, Washrng!on. Permit Conditions. Generaf Conditions 2035 1. The time limit for completing the work authorized ends on 11JG 3 If you find that you rn more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least 1 month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in accordance m h the terms and concrtrons of this permit. You are not relieved of this requirement if you abandon the permitted acUvrty although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Shot you wish to cease to maintain the authorized activity or should you desue to abandon hvilhout a good fa:th trans' you must obtain a modification to this permit from this office, which may require resforalion of the area 3. If you discover any previously unknown hrslonc or archeological remains vehde accornptisl ping the actr% authorized by this permit, you must immediately notify this office of vvhal you have round V,'e voil initiate the fed and State coordination required to determine if'the remains warrant a recovery effort or,f the site is eligible for;is in the National Register of Historic Places d. If you sell the property associdled Willi this permit,you must obtain the suoneture of the near o::ner u)t space provided and fonaard a copy of the permit to Ihrs office to validate the transfer of this authrinzehon. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions speofred in the certification as special conditions to this permit For your convenience,a copy of the certification is a!tached it ;t contains such conditions. BOEING REALTY CORPORATION 2000-4-0127 u. You must c!:c v rcprescntztivcs from this office to Irspect the oull-0rrzed aG,:v:tyzI vy t,in.e die,i necessary to ensure that it ,s being or has been accomplished in a ccor dance vv th the 1er nrs end cendrtror, ur Perrti,t. After a detailed and rare' review of SI the concit•ens contained n this permit.the permtttce sick nov,lerl(- Ih il, a!though said cordrtions �.vere required by the Corps, nonetheless the poinitee agreed to ti-c, conditions voluntarily to facilitate issuance of the permit; the permltlee will comply fully•. dhallthe terms 0f III the permit conditions. SI)ecia/ Conddrons: a. The Welland Mitigation Plan (Revised)Pacific Ga.e.vay Business Park, Kent, ll'ashington datedFugur 2002 must be implemented. Mitigation monitoring reports %%ill be due in years 1, 2, 3, 5, 7,and 10 atler the Corps' written acceptance of the as-built drawings All t eports must be submitted to U S Army Corps of Engineers, Seattle District, Regulatory Branch and must prominently display the reference number 2000-4.01279. b. A status report on the mitigation construction, including as-built drawings, must be subnmlted to the U Army Corps of Engineers, Seattle District, Regulatory Branch. 13 months from the dale of permit Issuance. Alms, status reports on mitigation construction are required unt.l m licatron construction is complete C. The wetland area created, restored and cnhr need Zs mitigation for work ou:howcd by this perm.t, she not Ce made the subject of a future individual or general Department of the Army permil app hcalion for fill or o:IFer de-velcpmer'it, except for the purposes of enharcing or restoring the mitigation associated wd) this p,olecl. In addition, a description of the mitigation area Identified in the final n-rtr5ation plan os 2pp10•.ed,and any suh cc, herrrld mitigation area revisions, will be recorded wth the Reg-slrar of Deeds or other 2ppropriale official d with the responsibility for maintaining records to or interest in real property. Proof of tilts ducurrentation rnus be provided to the Corps of Engineers, Seattle District within 60 days cf the issuance of this permit d You must implement the ESA requirements and/or agreements set forh in the Biological Evaluation Pocdic Gateway Business Park. Kent, Washington.dated August 2000, and the addendum dated August 2001.to their entirety. The US. Fish and Wildlife Service (USFWS) concurred with a finding of "(nay diect, not likely to adversely affect" based on this document on June 4, 2001 (USFWS Reference Number 1-3-02-I-0780) The National Marine Fisheries Service(Nh1FS) concurred with a finding of "may affecd, not likely to adversely affect" based on this document on April 15. 2002 (NIAFS Reference Number VVH13-02-055). Both acenctes will be informed of this permit issuance and will enforce any known violations of the commitments made in this docurnen pursuant to the ESA. C. You mus, pro-.ide a copy of the permit trcnsmittoi letter, the permit form, and dravrngs to all contractor performing any of the authorized work. Further Information' 1 . Congressional Authorities. You have been authorized to undertake the activity GesakeJ above pursuant ( ) Section 10 of the Rivers and Harbor Act of 1 UU9 (33 U S.C. 403). (X) Section 404 of the C!ean kAlater Act (33 U S C. 1344). O Section 103 of the IManne Protection, Research and Sanctuaries Act of 1972 (33 U S C 1413). 120EING PEA LTYCORPORATIOW 20034 012i Limits cf this au?hori=ion T1-os I;eni;G does rwl u!nidle ll•e nejd to obtn-n orhr-r Federal, State, or local aumonza'.1ull lVqu1;td by ia.v b This peimd does not grant any prop city lights or exclusive privileges. c This permit does rot author.,---- 2r; ,njUry to the property or rights of othurs. d. This pemit does not authonce interference wth any oxisting or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government(ices not assume any h2bility for I� fol!ov.ing. a Damaces to the permitted project or uses thereof as a result of other permitted Sclyd.ies or from n,lur, caUscs. b Dania(jes to the permitted project or uses thereof as a result of current or fuluie Wivilles underlat en t or on behalf of the United States in the public interest. c Damages to persons, propel Ice. or 'o ether permitted or unpermrted nctiv-hes or s!ructurc; caused by zeulhurr-ed by this perwil. c DeSrgn cr co'Istr-Jct,cn dcf-c;rnc cs o_ecc,.tcd ;rth the per—ttcj 10 e Damage claims associated v.nh zny future modification, suspension, or revocalion of Lus permit 3. Reliance on Applicant's Data The determination of this office that issuance of this permit is net contrcry to public interest was made in rcknce on the information you provided. S. Reev.-luation of Permit Decision. This office may reevaluate its decision on this permit at cry time the circumstances warrant Circumstances that could require include, but ore net limited lo,lhe follov,ing. a. You fad to comply;•,•ith the terms and conditions of the permit b. The information provided by you in support of your.-pplication pro-.es to hovel:ecn false, incompicle rr2ccurate (See 4 above). C. Significant new information surfaces v.hich this office did not consider n reaching the orgiral public :rtr_•rest occasion Such a reevaluation may result in a determination that it is Zppropnate to use the suspension, modification,end revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those conloined in 33 CF 326.4 and 326 5 The referenced enforcement procedures provide for the issuance of an administrative order i ecjuiring you to comply with the terms and conditions of your peimit end fur the nul-allonuf It--gdl aL111011 Whp-le appropriate. You call be required to pay for any correLtive measures orcered by this olfice, and if you fail to corn •.vith such directive, this office may in certain situations (such as those specified in 33 CFR 209 170)accomplish COI r CCtive mCaSures by contract or otherwise and bill you for the cost N C O U L r In L I_ > 1 CD J 0 O a _> ; O a) r_{ I ^ U C y Ll O o • O N ~ {- Q C CJ Q UZ3 to = 0 U O 41 O w r 0 O _ .. c 3 0 0 � E j • `� � y ` U r i O L 0 0 > \ �I [ CL O .j O 3 C E a� cv o .�•` y 0 ra U E > O O y 0 C t L7 C O U U � L L ra @ r 3 C 0 E 74 r — C o y n [ U `J = U 7 D - n E U CZ C_ U 16 O C) ° L Q) 0 y _ ' c� = _0 L C j N C CJ V �, [ U En •O U_ r 0 � r 'U to _0 -0 U C) o *Z3 Z C N 3 u 0 0 -0 N -- U O 1— ` E 0 c � alai F- 3 ` moo a L C N CD .v E cn ( n = � M U U` L C►. E 30 �� y `J C7 o �' ra y w w v C C Q o o c� 1 U dy o u ay LL N ti \� � v O C 0 ,0 C r o \\ J 9 . C �. O L �U U jj �tDU to L E n0CZ L -a C - / , Z y ) O Op a y c ? H [r 05 � = i i I U 1 I I S i'QM SL NOT 10 SCALE / T I S 190:h Si 1 O � I O}i I LOT(MITIGATION S 1S41h cT i r/S I I . / -- S_-61h—S?------ I I 1 J I 1 V. r ----- 1, PACIFIC �} ! 1------: GATEWAY I BUSINESS I S 2^2-d ST PARK I I I I c 1 J 1 � S tkdi;h ST 1 I � � I I x 1 y < N 1 I 1 v C < ----- S 212th S\I FIGURE 1:VICINITY MAP Aeferture: :OOO-0-1i,19 Purpose: Optunvs Bocuy{Feahucs Appllcndoo by: Do nl;Ral•y Cc-,o'eton and Y.educe Surplu Nccr. M111 Crest ie: Cry of I;em RaJ Estate D.luiu: NGVD:929• Couut): King State: A'A I Proposod: Business Pain: Adjs"ut Property Owncn et: S a=t..es: `bye.: 1 or? Bale'JI Aud 2(!j DATE: 12/ro/Do 11 1•0+, Dr waw(- Q\i.epcl\Clwa\e�+,a•`+r�.V\eeyw:,e.y 0 t �_ >o _ i"SIS-ZIZ'lJ.DS Sm cc 3. l J • r _ _ h Z' II. J 1IfIIIIt I i s i vv 0.r '14 loo------�j 1 e W � i t j-4 P.r j � • .O; till; n•a cr -" -' J t-�aF�!Q •� -tip a �^ gj,a C_. l t a •e e� I• � Ic V • S v �l e �• t o U W! w ; • t = i i -� •F W H JIJ N W \v1 AND ff Se-a in Feel I I .% YIETLAND fl I F4��\'� j WETLAND ST f' �Ap 1 — to remora WETLAND F i patd fill y-•I - BOEING � SPACE CENTER (ezi3ting inj63triul dcvcbpnnt) 4 i PAC!F!C GAI AY BUSHNESS PAnK ` J _ e ti WETLAND M WETLAND SSG 1 to be fillee to be caccwSed — i `•' � � ! WETLAND i I �—' \ x 1 I to be filled WETLAND J I WETLAND 9 2* to be fi, to I:e Itcaruted ETLAND SW - - •-- I to be filled t o rcmctn . i 7t71a /S T11[Lf /•( DPANAM DI'N t w'ert�a SS C 2- rr•f rtCal�ct-�' F, fo •r Sk'AN.'C FIGURE 3: JURISDICTIONAL WETLANDS Referroce: 20CA-0-1:19 Purpose: Ophtnim Boeing Facilities AppUutloe by: Boeing ReehyCerr ion a-A Reduce&nplu ,,ear: Mill Crick la: City of K" Real Geste Datum: NGVD 19,29 County: YWt 9111e:Wt. Propvsed: Btum0s Prk Adjacent Proptrty 0%nen: See aCachmmt Sheet: ^yof8 Dmit.31 Ault=000 / I'<r..d:1:! L DMG AAA.G G\�rilect\�.w:e\o+nv.s\poel�i\taJaaD7dq ' 1 I - c _� Urn, ' gd 9 ILI Ilk. IS a = 7T}.yg.77yy .�.�jj �gi vyyy yy)) ro r a p IL vy 0 LD X L , Wfliff ¢, UJ .�., Q S a • y YaAKill i 7• `e�ij yBEi • P aaaA . .�. 9a >� �44 3 � Q u =� to p d < Z Z ,?r v Gis+OO10 r, �E p • W ' i J / e E s 3 1r• - ' c 6o as = 32 V z °f 61 s I V J N W G l� �F.� • Q s - --- - • c a = i s a �3 133b1S ONZ6L 'S 0 �o ` IL � .Y o• _ i i x w U J _J 22 FT 22 FT 11 FT 13 5 FT 13 FT 414.4 1 L , EAST WEST A A' 0 60 120 Approximate Scale In Feet c+ r 0 n C c c u a w FIGURE 5: CONCEPTUAL MITIGATION kikrcncc: 00.0-I:ill CROSS SECTION - LOT 4 Application b): Y,ung It.,ln l umnon Purpo.c: OPtimirc 110cmg I3u Ill tcs aid Rcdu-e SLrPlu; Nc.tr: Mill(rc:A In: Cnl rf F:rrt Collin": kill; tr. '.l1 kc31 E5:ate Ihtum: NGVD 1029 I'r,+,rKe,p IS', ^clv 1'---L Adiaccnt 1'm;tirtr U%rcn: l- `— Mhcct: i ------------ L 7 Cq Li CO =tin 10l G3SC--- ` U� z t z = - "c,- J 'I QW CV W '� W LU LL 0� Q >C 0 3 z 3 3 N •'1 •ram � ^. �,% < �' 0 CV W t7 x to r4 • i �O � !' .i N N N � ••\ .' r J •\ W S hL r 4 CID* Vni _J7- a «t7 t Con a Ll 17 p r a I ttETLtvp Y I^ DE Aa • I s I" I� t I1 ! G o CEt%TEkLP:E CF POtt i I 4. I I i (�1 CEh7ERL1!:E OF Kk) i I I t z C �S_ `t/1• C 3 N Nrn N ' U CAS I ram^ vvn U LA i N N C m as c� rn v. c, c+ a G V rJ Co O ^I ^ U n N N U I =T z SOUTH19')`h place SECTION 'A' ^ —- " SCF^� ^^l,-l�' 1'c S �'_' P7 �VI Co o t CD m fSFF,1T-� F IasLi n Z FA1EuE!.T CPq^; ^ 25 I - " 25 0 m Z SIOE S!0?E 0 I z � - 1 D Z n 2 I20 Co p D Co o. m ---- ------�— _ 0 — {IST4i �E D N oI SECTION 'a' o 0 0 15 m Z I Z A 3 SOUTH 199`It Place SECTION 'B' Table I - N%ctland arras on the Pjanc Ga,cMat nuanass Park„tc R•etland Acres Classirication Function ,I'ositiun _ -- k3 Palustnne ttncrrcnt I rA ,o t.1c:Dt.rt IDra'na.e d,!L) 060 lHui,rineererren; Lo-a 1Shel:uw t!eFres_n•n •Palusr,,neerr.er:n: Loa Me 024 Palus-;re emergent _ Low jsµalc �I 0?3 I'alusrtrecmersent Lew c_!,a;,ew•d:prs:en t 0 01 t'alus me emergent Low h,nsualc EM 0.'1 JPalusmne cmcr_c.., Lcu- �hzlloa drpresc,nn SSCt 0 t? Pa'ustr,ne c-xrc:nt Lcu 6xsNa'e SSC24 104 ?alustrtne a:,:rgctn and Lo% to MeJ-wn (Dcmnc.,;ar scrubaF.:b ST Oil I'alusaine emergent Low cha11ow &Ftession S\� 019 Palastrre tire.gcnt Low sh,l,sy.dcprrs,cn Subtotal 6 t 1, 1f!,:rj SK Z rs:r rtIal:Or.1 E� (crp5 Cc.' S.J.:KCC I aIt l r%d v — t.•phm,:a mce,ng NAME Bce ng Recl:y Cora I PRO=OSED 3ts nt:ss Pa,k Fa:,'ities 2000-4.01273 IN :^,'etl�,nds re:u'.f,ll Gt•ek DAILIM NGVD !92J AT Kcn• COUNTY <,na STATE WA SHEET 6 OF 8 7 REVISE% 10 Ark dLt Kent City Council Meeting Date September 2. 2003 Category Consent Calendar 1. SUBJECT: STATE GRANT FOR COMMUTE TRIP REDUCTION PROGRAM—AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign the Commute Trip Reduction Implementation Grant Agreement,upon concurrence of the language therein by the City Attorney. 3. EXHIBITS: Public Works Director memorandum and CTR Implementation 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. 6F PUBLIC WORKS DEPARTMENT Don E. Wlckstrom, P E Public Works Director • Phone 253-856-5500 KEN T Fax 253-856-6500 W A S H I N G T O N Address, 220 Fourth Avenue S Kent,WA.98032-5895 DATE: Au 1so t 18,2003 TO: D4, hite and Kent City Council FROM: Donkstrom, Public Works Director SUBJECT: State Grant for Commute Trip Reduction Program MOTION: Recommend authorizing the Mayor to sign the Commute Trip Reduction Implementation Grant Agreement,WSDOT Agreement#GCA3655, upon concurrence of the language therein by the City Attorney and the Public Works Director. SUMMARY: Commute Trip Reduction Implementation Agreement between the City of Kent and the Washington State Department of Transportation for the implementation of RCW 70.94.521, the Commute Trip Reduction Law. The Agreement consists of terms and conditions for reimbursement from the State for costs incurred by the City for implementing the requirements of the State law BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND: The City is required by state law to enforce the regulations specified in RCW 70.94.521. The City is then reimbursed by the State for costs incurred based on a formula devised by the State Dept of Transportation, Rail and Public Transit Section. Although this is a two-year agreement, the amount of the reimbursement is determined on an annual basis. The current year(July 2003- June 2004) funding for the City of Kent is identified as $54,647. This is a reduction of $16,816.17 from last year's state allocation. The reason for the reduction is that the State DOT changed the formula they use to distribute the funds as allocated by the State Legislature. Although they received the exact same amount of funding from the Legislature, they have divided that pie among a much larger pool of participants They have added a new county, Benton County, which will receive the Minimum County Allocation of$80,000 right off the top. Plus, within King County the share of the pie is divided into smaller pieces because of the addition of the cities of Snoqualmie and North Bend. Plus, the State will no longer fund services devoted to "Voluntary" worksites which reduced the City of Kent's per-worksite funding by 6 employers. Mayor White and kent City Council Commute Trip Reduction Implementation Agreement-Authorize August 18,2003 1 Washington State City of Kent Department of Transportation 220 Fourth Ave South 310 Maple Park Avenue Kent,WA 98032-5895 PO Box 47387 Olympia,WA 98504-7387 Key Contact Person: Cathy Mooney Key Contact Person: T.J.Johnson Employer Federal 1D #: 91-6001254 Agreement Start Date Completion Project Amount Project Title Number Date Commute Trip Reduction CCA3655 Jul 1, 2003 June 30,)005 $54,647 lImplementation This Agreement is made and entered into this Ist day of July, 2003, between the Washington State Department of Transportation, acting by and through its Secretary of Transportation, (hereinafter called "WSDOT") and C ity o f Kent(hereinafter referred to as"Contractor") and said parties WITNESS THAT: WHEREAS, RCW 70.94.521 through 70.94.551 requires cities, counties and to%�ns containing "major employers," in counties %%ith populations over 150,000, to develop ordinances,plans and programs to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips, and thereby reduce vehicle-related air pollution, traffic congestion and energy use; WHEREAS, RCW 70.94.541 (2) provides for technical assistance to counties, cities, and towns in developing and implementing Commute Trip Reduction (CTR)plans and programs; WHEREAS, RCW 70.94.544 provides for distribution of funds for local CTR implementation efforts; WHEREAS, WSDOT desires to achieve trip reduction in order to improve the efficiency of the state transportation system and the quality of life for citizens of the State of Washington; WHEREAS, the Washington State Legislature's delay in approving continued funding for the CTR program requires this contract to be effecti%e retroactive to July 1, 2003 to preserve continuity of program funding. NOW, THEREFORE, in consideration of covenants, conditions, performances and promises herein contained, the parties agree to the following terms and conditions: Section 1 Purpose of Agreement Tire purpose of this Agreement is for WSDOT to provide funding to the Contractor to be used solely for activities undertaken to fulfill the requirements of RCW 70 94.521, et. seq,and to implement tasks as described in Exhibit 11, Scope of Work. This Agreement consists of lire terms and conditions, and Exhibits 1, 11 and 111, N%hich by this reference are incorporated herein. i Section 2 Scope of\Fork The C ontractor a rid W SDOT w ill p erfomi all t heir d esignated t asks u rider t his A greenment a s� described in Exhibit 11, Scope of\fork. Section 3 Time for Beginning and Completion The work to be performed under this Agreement shall commence July 1, 2003, and terminate on June 30,2005, unless terminated sooner as provided herein. Section 4 Reimbursement and Payment WSDOT shall reimburse the Contractor for eligible expenditures not to exceed 554,647 during the first fiscal year of the contract period. The maximum amount of funding for the Contractor was deter lined using the methodology contained in Exhibit I, Funding .allocation Methodology. WSDOT will reimburse the Contractor only for actual and eligible direct project costs. Payment will be made on a reimbursable basis. Payment is subject to the submission to and approval by WSDOT of properly prepared invoices accompanied by progress reports and financial summaries. The Contractor shall submit an invoice (state form A-19) or WSDOT approved invoice format to WSDOT in order to receive reimbursement. The Contractor shall submit invoices up to 4 times per fiscal year, or up to eight times during the course of this contract. The Contractor shall submit a final invoice to WSDOT no later than July 15, 2005. Any payment request received after July 15, 2005 or fifteen (15) days of the termination date, v.hichever is applicable, -,Hill not be eligible for reimbursement. N'dithin thirty (30) days after receiving the invoice and upon approval, WSDOT shall remit to the Contractor a %Narrant f payment. All invoices and warrants shall be based on and paid on actual vkork performed a actual costs incurred up to the maximum amount identified in this Agreement. Section 5 Project Records The Contractor agrees to establish and maintain for the project either a separate set of accounts or accounts within the framework of an established accounting system, in order to sufficiently and properly reflect all eligible direct and indirect project costs claimed to have been incurred in the performance of this Agreement. Such accounts are referred to herein collectimely as the "Project Account". All costs claimed against the Project Account must be supported by properly executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in proper detail the nature and propriety of the charges. Section 6 Progress Reports The Contractor shall submit to WSDOT progress reports as described in Exhibit 11, Scope of Work, so that WSDOT may adequately and accurately assess the progress nmade by the Contractor and third parties to this Agreement in implementing RCW 70.94.521 et. seq. These reports shall be submitted to WSDOT along with any request for reimbursement submitted pursuant to Section 4, Reimbursement and Payment. 0 Page 2 CCA3655 Section 7 Audits, Inspections, and Records Retention WSDOT, the State Auditor, and any of their representatives shall ha%e full access to and the right to examine, during normal business hours and as often as they deem necessary, all of the Contractor's records with respect to all matters covered by this Agreement. Such representatives shall be pennitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and other matters covered by this Agreement. In order to facilitate any audits and inspections, the Contractor shall retain all documents, papers, accounting records, and other materials pertaining to this Agreement for six years from the date of completion of the project or the project final payment date. Hou ever, in case of audit or litigation extending past that six years period, then the Contractor must retain all records until the audit or litigation is completed. The Contractor shall he responsible to assure that it, WSDOT, the State Auditor, and any of their representatives, retain comparable audit ri ghts with respect to subcontractors to the Contractor within the scope of this Agreement. Section 8 Agreement Modifications I. Either party may request changes to this Agreement, including changes in the Scope of Work. Such changes that are mutually agreed upon shall be incorporated as written amendments to the Agreement. No variation or alteration of the terms of this Agreement shall be valid unless made in writing and signed by authorized representatives of the parties hereto. 2. Any additional funding secured by WSDOT beyond the amount identified in Section 4, Reimbursement and Payment N\111 be allocated to the Contractor for the period July 1, 2004 to June 30, 2005 in accordance with the methodology described in Sections I and 2 of Exhibit 1, Funding Allocation Methodology. If an increase in funding by the funding source augments the Contractor's allocation of funding under this Agreement, the Contractor and WSDOT agree to enter into an amendment to this Agreement providing for an appropriate change in the Scope of Work and/or the project amount in order to reflect any such increase in funding. 3. If a reduction of funding by the funding source reduces the Contractor's allocation of funding under this Agreement, the Contractor and WSDOT agree to enter into an amendment to this Agreement providing for an appropriate change in the Scope of Work andlor the project amount in order to reflect any such reduction of funding. Section 9 Recapture Pro%ision In the event that the Contractor fails to expend state funds in accordance with state law and/or the provisions of this Agreement, WSDOT reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to exceed three (3) years folloN%ing termination of the Agreement. Repa)Tnent by the Contractor of state funds under this recapture provision shall occur within thirty (30) days of demand. Page 3 CCA3655 Section 10 Disputes Any disputes bet«een WSDOT and the Contractor %%ith regard to this Agreement that are not disposed of by the project administrators assigned to supervise this Agreement shall be referred for determination to the Secretary of WSDOT, or his/her designee, as a condition precedent to the commencement of any legal action, accept as necessary to avoid the preclusive effects of any applicable contractual deadlines or statutes of limitation. Section 11 Termination WSDOT,at its sole discretion, may suspend or terminate this Agreement in whole,or in part, for the foI)owing reasons: 1. The Contractor materially breaches, or fails to perfomi any of the requirements of,this Agreement, and after fourteen (14) days,�%ritten notice,has failed to cure the conditions) causing that breach;The Contractor materially breaches and, fails to remedy after fourteen(14) days-written notice. Conditions of breach may include,but not be limited to: • Any action of the Contractor,which under the procedures of this Agreement would have required the approval of WSDOT, taken%%ithout such WSDOT approval; • Failure to perform in the manner called for in this Agreement; and • Failure to comply with any provision of this Agreement. 2. The Contractor is prevented from proceeding wish the Project by reason of a temporary preliminary, special,or pemtanent restraining order or injunction of a court of competent jurisdiction ,%here the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the Contractor; 3. The requisite state funding is reduced or becomes unavailable through failure of appropriation or otherwise; 4. WSDOT determines that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds; 5. WSDOT, at its sole discretion, determines to accept a request made in canting by the Contractor to terminate the Agreement in whole or in part; or 6. WSDOT determines that suspension or termination is in the best interests of the state. If this Agreement is terminated under subsections 2, 3, 4, 5, and/or 6 of this Section, then the Contractor may be reimbursed only for actual and eligible direct expenses under this Agreement incurred prior to the date of termination, and then only to the extent of appropriated funds. if this Agreement is terminated under subsection i of this Section, then WSDOT shall not be obligated to provide any additional reimbursement past the effective date of that termination and WSDOT shall also retain all rights to seek recapture or damages from the Contractor. If an appropriate judicial authority determines that the Agreement was improperly terminated under subsection I of this Section, then the termination shall be deemed a tennination under subsection 6 of this Section with all attendant rights and limitations. Page 4 GCA3655 Section 12 Forbearance by NN'SDOT Not a Wai%er Any forbearance by WSDOT in exercising any right or remedy hereunder, or othenvise afforded by applicable law, shall not be a \%ai\er of or preclude the exercise of any such right or remedy. Section 13 Waiver In no event shall any WSDOT payrnent of grant funds to the Contractor constitute or be construed as a waiver by WSDOT of any Contractor breach,or default \\hicli and shall in no\+ay impair or prejudice any right or remedy available to WSDOT with respect to any breach or default. Section 14 Independent Contractor The Contractor shall be deemed an independent Contractor for all purposes, and the employees of the Contractor or any of its subcontractors and the employees thereof, shall not in any manner be deemed to be employees of WSDOT. Section 15 WSDOT Advice The Contractor bears complete responsibility for the administration and success of the Project as it is defined by this Agreement and any amendments thereto. Although the Contractor is allowed to seek the advice of WSDOT on problems that may arise, the offering of WSDOT ad%ice shall not shift the responsibility of tine Contractor for tine correct administration and success of the Project, and IVSDOT shall not be held liable for offering advice to the Contractor Section 16 Limitation of Liability and Indemnification No liability shall be attached to WSDOT or the Contractor by reason of entering into this Agreement except as expressly provided herein. This Agreement is not intended to benefit any third party. The Contractor shall indemnify and hold WSDOT, its agents, employees, and/or officers harmless from, and shall process and defend at its own expense, any and all claims, demands, suits, penalties, losses, damages, or costs of whatsoever kind or nature (hereafter "claims) brought against WSDOT arising out of or incident to the execution, performance or failure to perforni ofor under this Agreement; provided, ho\\ever, that if such claims are caused by or result from the concurrent negligence of(a) tine Contractor, its agents, employees, and/or officers and (b) WSDOT, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Contractor, its agents, employees, and/or officers; and provided further that nothing herein shall require the Contractor to hold harmless or defend WSDOT, its agents, employees, and/or officers from any claims arising from the sole negligence of WSD0T, its agents, employees, and/or officers. Page 5 GCA3655 Section 17 Hold Harmless It is understood and agreed that this Agreement is solely for the benefit of the panics hereto and gives no right to any other party. No joint venture or partnership is fonned as a result of tills Agreement. Each party hereto agrees to be responsible and assumes liability for its wall negligent acts or omissions, or those of its officers, agents or employees, and sees to salve, indemnify, defend, and hold harmless the other party from such liability. Each contract for service or activities utilizing funds provided in ►hole or part by this Agreement shall include a provision that WSDOT and the State of Washington are not liable for damage or claims for damages arising from any city, town,designee or subcontractors performance or acts ities under the terms of those contracts. Section 18 Governing Law,Venue, and Process This Agreement shall be construed and enforced in accordance with, and the ►alidity and performance thereof shall be governed by the la►vs of time State of Washington. In the event that either party deers it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the parties hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. The Contractor hereby accepts service of process by registered mail consistent ►►ith RCW 4.28.OSO(1). Each party shall bear its own legal costs and expenses, including attorney fees, in any such litigation. Tile parties may bilaterally elect to submit their dispute to mediation or arbitration on such terms as are agreed upon by the parties. Section 19 Compliance »ith Lamis and Regulations The Contractor agrees to abide by all applicable state and federal lams and regulations, including, but not limited to, those concerning employment, equal opportunity emplo)mment, nondiscrimination assurances, project record keeping necessary to evidence agreement compliance, and retention of all such records. The Contractor will adhere to all of time nondiscrimination provisions in Chapter 49.60 RCW. The Contractor will also comply with the Americans with Disabilities Act (ADA), Public Law 101-336, »hick provides comprehensive civil rights protection to individuals with disabilities in the areas of employMment public accommodations, state and local government services and telecommunication. Section 20 Section Headings All section headings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. Section 21 Severability If any covenant or provision of this Agreement shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or pro%ision, or part thereof, that in itself is valid if such remainder conforms to the terms and requirements of applicable 1 aw and the i ntent o f this A greement. N o controversy concerning any covenant or provision shall delay time performance of any other covenant or pro-vision except as Inver allowed. Page 6 GCA3655 Section 22 Execution and Acceptance This Agreement may be simultaneously executed in several counterparts, each ofnhich shall be deemed to be an original having identical legal effect. The Contractor does hereby ratify and adopt all statements, representations, warraniies, covenants, and agreements and their supporting materials contained and/or mentioned herein, and does hereby accept State funds and agrees to all of the terms and conditions thereof. Section 23 Execution This Agreement is executed by the Director of the Public Transportation and Rail Di\ision, State of W ashington, D epartment o f Transportation or the D irector's d esignee. not as an i ndividual incurring personal obligation and liability, but solely by, for, and on behalf of the State of Washington, Department of Transportation, in his/her capacity as Director of tite Public Transportation and Rail Division. fN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. STATE OF WASHiNGTON CONTRACTOR DEPARTMENT OF TRANSPORTATION By: By: Judith Grniger, Director Print Name: Public Transportation and Rail Di\ision Title: Who certifies proper authority to execute this agreement on behalf of the Contractor Date: Date: Approved as to form by: Jeanne A. Cushman Assistant Attorney General Counsel to WSDOT Date: July 30, 2003 Page 7 CCA3655 E\hibit I Funding allocation methodology Funding allocated by WSDOT for local implementation of CTR activities is based on the following formula: 1. Each county is provided $1,200 per affected x\orksite as a base allocation to ensure sufficient funding to meet jurisdiction obligations pursuant to RCW.70.94.521-551. The number of affected \worksites in each county shall be based on information contained in WSDOT database as of May 1 of each year. 2. The remaining funding will be allocated based on the number of commute trips reduced per day in each county between each worksite's base year survey and its most recent survey,provided that every county receives at least 580,000 per year. For the period July 1,2003 through June 30, 2004, the most recent survey period wwill be 2001. For the period July 1, 2004 through June 30, 2005, the most recent survey period will be 2003. July 1, 2003—June 30, 2004 Allocation Additional Trips Worksite to Achieve Number Reduced/ Base Performance 580,00 Total County or Sites Dav Allocation Allocation Floor Allocation Benton 550,00 Clark 47 654 S56,401 520.26 53,33 S80,00 King 552 11,575 S662,40C 520.27 5942,67 Kitsap 32 0 S38,401C $ 541.60 580,000 0 Pierce 83 4.278 599,60 S103,5851 1 5203,185 Snohomish 84 1,050 $100,80 $25,424 5126.22 Spokane 99 2.255 5118,80 554,601 5173,401 Thurston 65 579 $78,001 $14,02 592,02 Whatcom 23 329 527,60 510,195 542,205 580,00 Yakima 20 304 524.00 $9,42 546,58 580,00 TOTAL 1,005 21,024 $1,206,00 5517,781 $133,711 51,907,500.0 Any distribution of funds to jurisdictions within a county shall be done on time basis of the number of affected Nvorksites in each jurisdiction. For example, if there are t%%o jurisdictions in a county, each \N ith fifty percent of time total number of affected worksites in the county,any division of funds within the county should provide each of the two jurisdictions with fitly percent of the total county funding allocation. 10 Page 8 CCA3655 EXHIBIT 11 SCOPE OF NVORK Implementation of Commute Trip Reduction (CTR) Plans and Program CONTRACTOR TASKS 1. General administration The Contractor will administer a Commute Trip Reduction (CTR) ordinance and implement a CTR program for major employers as required by RCW 70.94.521 et. seq. 2. Funding Distribution and Reporting The Contractor may distribute funds to affected jurisdictions, or their designees, within the county implementing CTR plans and ordinances as required by RCW 70 94.544 by entering into agreement as appropriate with other jurisdictions, local transit agencies, regional transportation planning organizations, or other organizations. The Contractor shall submit to WSDOT a list of dollar amounts to be disbursed by the Contractor to local jurisdiction(s) local transit agencies, regional transportation planning organizations, or independent contractors, or a fund dispersion methodology within thirty (30) days of approval of any agreements bet%N een the Contractor and other parties. 3. Implementation Plans The Contractor, the affected jurisdictions, or its designee, shall implement all of the provisions I isted b elow. T he C contractor s hall i nclude a 11 o f t hese p rovisions i n i nterlocal agreements with other jurisdictions, local transit agencies, regional transportation planning organizations, or other organizations, as necessary, to coordinate tine development, implementation, and administration of CTR plans and ordinances. 3.1 Appeals, Exemptions, and Modifications Maintain an appeals process. This process must be consistent with RCW 70.94.534(6) and procedures contained in the Commute Trip Reduction Task Force Guidelines. The Contractor, or their designees,will submit requests for exemptions or modifications, including requests for goal modifications,to WSDOT for review and comment within five(5)days of receiving such requests, and shall allow WSDOT five(5)%xorking days to provide comments prior to approving or denying the request. 3.2 Survey Processing Notify WSDOT prior to sending any surveys to the University of Washington, Office of Educational Assessment for processing. The notification must include the name of the worksite, employer identification code, and type of survey for each survey being submitted for processing. The notification shall be submitted as an electronic spreadsheet via electronic mail. The Contractor agrees to wait for confirmation from WSDOT prior to sending or delivering tine sur\eys for processing. Page 9 GCA3655 3.3 Database Updates Provide WSDOT with updated lists of affected «orksites and jurisdiction contacts on a quarterly basis. These updates N%ill be submitted electronically in a format specified by WSDOT. 3.4 Emplo%er Annual Reports Within 30 days from the date of approval, submit to WSDOT one electronic orhard copy of any approved employer annual reports. 3.5 Employer Exemptions and Coal Alodifications Within 30 days from the date of approval, submit to WSDOT the name and employer identification code for any work-site that has been granted an exemption or goal modification. Include information about the duration of all exemptions and information on the type of goal modification granted. 3.6 Progress Report and Invoice Submit to WSDOT periodic progress reports, as detailed in Exhibit 111, along i+ith any invoice or request for reimbursement. \N'SDOT TASKS 1. General Technical Assistance WSDOT will provide support to the Contractor, or their designees, in developing and implementing CTR plans and programs, including providing training, informational materials, and assistance in CTR evaluation. WSDOT will also assist m1h oicrall CTI� marketing and promotion on a statewide basis. 2. Exemptions and Alodifrcalions WSDOT will review and comment on employer requests for .waivers and modifications, including requests for goal modifications, within five (5) working days. Failure to review and comment on such requests within five (5) working days shall be considered a forfeiture of the right to comment on the request. 3. Database Management WSDOT will maintain a current database of all affected %\orksites in Washington State. WSDOT will input new and/or updated worksite information ,\ithin fifteen (15) working days of receipt from local jurisdictions. WSDOT will employ an internal verification process to ensure all new and/or updated information is input in a timely and accurate manner. Information from the WSDOT database will be used to determine funding allocation consistent .with the methodology contained in Exhibit 1, Funding Allocation methodology. 4. Training WSDOT will develop and maintain employer and jurisdictions training materials to support local implementation of the CTR program. Page 10 GCA3655 5. Public Ammareness WSDOT will develop and implement statewide public awareness and recognition programs to support local implementation of the CTR program in affected jurisdictions. 6. Annual Reporting Assistance WSDOT will distribute in sufficient quantities the State"Program Description& Employer Annual Report" fort to time Contractor, affected jurisdiction, or its designee, as requested. WSDOT will also maintain an intemet-based annual report system, and will provide information and ongoing technical assistance to employers and jurisdictions using the system. 7. Survey Assistance WSDOT a ill: 7.1 Provide the Contractor,or their designees, with summary survey information as requested. 7.2 Distribute the Employee Questionnaires in sufficient numbers to the Contractor,or its designees, as requested. 7.3 Maintain an intemet-based survey tool, and provide information and ongoing technical assistance to employers and jurisdictions using the system. 7.4 Provide survey processing at no cost to time Contractor, or their designees, and affected employers, during the base year and all subsequent sun eys required by tlme Contractor. 7.5 Provide technical assistance to the Contractor, or their designees, and employers,on surve)ing, as requested. 7.6 Work with the Contractor, or their designees, to calculate goal measurement infomlation and track measurement survey history for all CTR affected %%orksites. 7.7 Return the processed Employee Questionnaires and survey reports to the Contractor, or their designees, within thirty (30)days of time date time forms are delivered for processing. 7.8 Maintain and periodically update the "CTR Guide for Employer Surveys."WSDOT will review survey guide/instructional materials developed by the Contractor or its designees for consistency with the state-deN eloped "CTR Guide for Employer Surveys." 7.9 Review all electronically submitted survey notifications and respond to time Contractor within five (5) working days. Page 11 CCA3655 Exhibit 111 Progress Report Format • Name of the Organization Submitting Report: • Submitted on behalf of following Jurisdiction(s): • Contact Name: • Contact Phone and Fax Number: • Contact E-mail: 1. CTR Activities A brief summary of activities undertaken during the period for which reimbursement is requested. 2. State CTR Funds Disbursed Disbursed Total Disbursed Jurisdiction Since Last Report Fiscal Year to Date Jurisdiction A $ $ Jurisdiction B S $ (etc) Total Disbursement $ S Page 12 CCA3655 3. Expenditures This Period List actual total expenditures on the last line of the following table. Estimate expenditures by category as indicated. Local Fisc'it Year Other Fiscal Year Funds to Date Funds to Date State CTR Fiscal Year Spent on Local Spent on Other Funds To Date CTR Funds CTR Funds Spent State CTR Acti%ities Spent on Acti%itics Spent on Since Last Funds Since Last CTR Since Last CTR Cateo,ories Report Sent Report Acti%ities Report Actilitics Required Activities, S $ S $ $ S including; 1. Notification of New Worksites 2. Administering CTR Surveys 3. Employer Annual Report Review 4. Exemptions and Modifications 5. Record Maintenance 6 Enforcement Emplo3 er Ser,,ice Actis ities Emp)oyer Training S $ Is is Is S Incentives $ $ $ Is is $ Promotion and $ S S $ $ S Marketing Guaranteed Ride S S S $ $ S Home Other(Specify) is Is s S S $ Totals Is Is is $ is Is 4. Jurisdiction(s) Contact Names,Address, and Phone numbers Jurisdiction A John Who City of X PO Box 1234 X, WA 95000 Phone(206)999-9999 5. List of contact information for affected tsorlsites in the Jurisdiction. The information will be submitted in the electronic format approved by WSDOT. 6. Emplo3er Annual Reports Appro%cd During This Period Provide the name and worksite identification number for all employer annual reports approved during this period. Attach a hard copy or electronic (disc) copy of any employer annual reports approved by the jurisdiction during the quarter. If the jurisdiction approved employer annual reports submitted via WSDOT's web-based reporting system, indicate the name and worksite identification number for each Nvorksite report approved. Page 13 CCA3655 7, EmploN er Exemptions and Coal dlodifications Cranled During.This Period Pro%ide the name and%vorksite identification number for any worksite that bas been granted an exemption or goal modification during this period. Include infonnation about the duration of all exemptions and infomiation on the tlpe of goal modification granted. Page 14 CCA3655 Kent City Council Meeting Date September 2, 2003 Category Consent Calendar 1. SUBJECT: SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN— SET HEARING DATE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization to set September 16, 2003 as the Public Hearing date on the adoption of the Six-Year Transportation Improvement Program(2004—2009). 3. EXHIBITS: Public Works Director's memorandum and Six-Year Transportation Improvement Plan (TIP) 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. 6G PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone.253-856-5500 Fax- 253-856-6500 K E N T WASHINGTON Address: 220 Fourth Avenue S. Kent,WA 98032-5895 DATE: Au ust 18, 2003 TO: M&hite and Kent City Council FROM: D ickstrom, Public Works Director SUBJECT: Six-Year Transportation Improvement Plan, 2004-2009 MOTION: Recommend adoption of the Six-Year Transportation Improvement Plan for the period 2004-2009. SUMMARY: The 2004-2009 Six Year TIP includes 29 projects, with estimated project costs totaling $175,646,000. BUDGET IMPACT: As itemized in attached Project Descriptions No Unbudgeted Fiscal/Personnel Impact BACKGROUND: Deleted from the 2003-2008 TIP COMPLETED OR IN-PROGRESS 132nd Ave SE Widening 2481h Street Improvements James Street at Central Intersection Improvement 132nd Ave SE at Kent Kangley Road Intersection Improvement South 277ih Street Corridor, Phase 2 DELAYED FOR FUTURE FUNDING South 212ih Street Railroad Grade Separation Added to 2004-2009 TIP Second Ave North and West Smith Street Intersection Improvement Central Avenue North and Pioneer Street Intersection Improvement Central Avenue and Burlington Northern Railroad Crossings Intertie(5 intersections) Changed S 2281h Railroad Grade Separation split into two distinct projects. One for each RR. Willis Street Railroad Grade Separation split into two distinct projects. One for each RR. S 277ih Street Corridor Extension was previously called the 1161h Ave SE Street Widening Project. 0 Mayor White and Kent City Council 8/13/2003 1 • CITY OF KENT, WASHINGTON SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2004 - 2009 • • KEN T WASH I N G T O N Mayor Jim White Don E. Wickstrom, P.E. Director of Public Works • CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Project Name Number Project Location and Extent Page 1. Pacific Highway South (SR 99) HOV Lanes —North Phase I South 252 `i Street to Kent-Des Moines Road(SR 516) 2. Pacific Highway South (SR 99) HOV Lanes—South Phase 2 South 272nd Street to South 252"`i Street 3. Kent Station Infrastructure Improvements 3 Vicinity of 41h Avenue North and Ramsay bVgy 4. 41h Avenue North and West Smith Street 4 Intersection Improvement 5. Second Avenue North and West Smith Street 5 Intersection improvements 6. Central Avenue North and Pioneer Street 6 . Intersection improvements and widening of Pioneer Street 7. Military Road South at Reith Road 7 Intersection Improvement 8. South 2281h Street Corridor Project-Phase I 8 Military Road South to 54`h Avenue South 9. Central Avenue/Burlington Northern Santa Fe Railroad 9 Grade Crossings Signals Intertie Interconnection of intersection traffic signals along Central Avenue Mth BNSFRR grade-crossing signals 10. South 228'h Street Extension/Burlington Northern Santa Fe 10 Railroad Grade Separation Project Grade separation crossing at Burlington Northern Santa Fe RR 11. South 228'h Street Extension/Union Pacific Railroad Grade 11 Separation Project Grade Separation Crossings at Union Pacific Railroad i M CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Project Name Number Project Location and Extent Pape 12. Interurban Trail Crossings Signal Interconnect with West Meeker 12 Street and West Smith Street Signal Systems 13. South 2121h Street Pavement Rehabilitation Project 13 Green River Bridge to West Valley Highway (SR 181) 14. 84`h Avenue South Pavement Rehabilitation Project 14 SR 167 to South 212`i' Street 15 72"d Avenue South Extension 15 South 100`i' Street to South 196`h Street 16. South 2771h Street Corridor Extension 16 1161h Ave Southeast Widening Kent-Kangley Road(SR 516) to Southeast 2Mh Street 17. Central Avenue South Pavement Rehabilitation 17 Green River Badge to East Willis Street (SR 516) 18. Military Road South Widening- Phase 1 18 Reith Road to Kent-Des Moines Road(SR 516) 19. Willis Street (SR516)/Union Pacific Railroad Grade Separation 19 Project Grade Separation Crossing at Union Pacific Railroad 20. Willis Street(SR 516)/Burlington Northern Santa Fe 20 Railroad Grade Separation Project Grade Separation Crossing at Burlington Northern/Santa Fe Railroad 21. 80th Avenue South Widening 21 South 196th Street to South 188th Street 22. South 272"d Street Widening- Phase 1 22 26`h Avenue South to Military Road South 23. South 272"d Street Widening- Phase 11 23 Pacific Highway South (SR 99) to 26'h Avenue South it CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Project Name Number Project Location and Extent Page 24. South 272"d Street Widening- Phase III 24 Pacific Highwav South to Military Road South and 1-5 HOV Loop-Ramp 25 South 228`h Street Corridor Project- Phase III 25 84"'Avenue South to 10 h Avenue Southeast (Benson Road) (SR 515) 26. Bicycle and Pedestrian Improvements 26 Ongoing Citywide Program 27. Guardrail and Safety Improvements 27 Ongoing Citywide Program 28. Americans with Disabilities Act Compliance Sidewalk 28 Repair and Rehabilitation Ongoing Crtvivnde Program 29. Commuter/Shopper Shuttle Bus Project 29 Ongoing Citywide Prograin 30 MAP OF THE PROJECTS 30 iii CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: Pacific Highway South (SR 99) HOV Lanes—North Phase South 252nd Street to Kent-Des Moines Road (SR 516) DESCRIPTION: Widen Pacific Highway South to provide a pair of HOV (High Occupancy Vehicle) lanes from South 252nd Street to the Kent-Des Moines Road(SR 516). The project will also provide a seven foot wide concrete sidewalk and modify existing traffic signal systems at South 2401" Street, and at South 252rid Street. The project will include construction of full width paving; concrete curbs and gutters; landscaping; storm drainage; utilities; and appurtenances. PROJECT COST: Preliminary Engineering... ..........$1,200,000 Right of Way Acquisition...............$530,000 Construction ................................$6,720,000 TOTAL........................................$894509000 FUNDING SOURCE (S): STP, TB, TIA, City of Kent, WSDOT Funded PROJECT JUSTIFICATION: This project will reduce peak hour single-occupant vehicle trips by encouraging high occupancy vehicle usage. Pacific Highway South (SR 99) is a regionally significant north-south arterial heavily used by commuters for access from South King County to the employment centers in South Seattle, and provides alternative access to 1-5 and Sea- Tac airport. AIP-Arterial Improvement Program[State],CA.lQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FhLSIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal],IICS-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PWTF-Public works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], T1.A-Transportation Improvement Account,TIB-Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] 1 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: Pacific Highway South (SR 99) HOV Lanes—South Phase South 272"d Street to South 252"d Street DESCRIPTION: Widen Pacific Highway South to provide a pair of HOV (High Occupancy Vehicle) lanes from South 272"d Street to South 252"d Street. The project will also provide a seven foot wide concrete sidewalk, and modify existing traffic signals at the Fred Meyer Shopping Center, South 2601h Street, and South 272"d Street. The project will include construction of full width paving; concrete curbs and gutters; landscaping; storm drainage; utilities; and appurtenances. PROJECT COST: Preliminary Engineering.................$900,000 Right of Way Acquisition............$1,600,000 Construction ............. ..................$6,100,000 TOTAL........................................S8,600,000 FUNDING SOURCE (S): STP,TIB, AIP, TPP, City of Kent, WSDOT Funds Funded PROJECT JUSTIFICATION: The project will reduce peak hour single-occupant vehicle trips by encouraging high occupancy vehicle usage. Pacific Highway South (SR 99) is a regionally significant north-south arterial heavily used by commuters for access from South King County to the employment centers in South Seattle, and provides additional access to I-5 and Sea- Tac Airport. AIP-Arterial Improvement Program[State];CXIAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FbLS18-Freight Mobility Strategic Imestment Board[State],FTA-Federal Transit Administration[Federal],RES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District;PIVTF-Public Works Trust Fund Loan[State];STP-Surface Transportation Program[Federal], TIA-Transportation Improvement Account,TIB-Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 2 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: Kent Station Infrastructure Improvements Vicinity of 41h Avenue North and Ramsay Way DESCRIPTION: Widen 2nd Avenue North to provide two travel lanes with left turn pockets at intersections, and on-street parking between West Smith Street and West Temperance Street. Construct the north half of West Temperance Street between 2"d Avenue North and 1st Avenue North. Construct Ramsay Way from West Temperance Street to 4th Avenue North and install a traffic signal at 4th Avenue North and Ramsay Way. Widen 1st Avenue North to three lanes from West Temperance Street to West James Street. The project will include full width paving; concrete curbs, gutters, and sidewalks; landscaping; storm drainage; utilities; and appurtenances. PROJECT COST: Preliminary Engineering.................$390,000 Right of Way Acquisition............................0 Construction ................................$1,930,000 TOTAL........................................$29320,000 FUNDING SOURCE (S): CMAQ, City of Kent Funded PROJECT JUSTIFICATION: This project provides the necessary transportation infrastructure for development of Kent Station and adjacent properties. The project is coordinated with transit and commuter rail improvements in and around the vicinity of Kent Station and the Kent Transit Center sites. The project includes street improvements required for the development of the site, as well as mitigation measures (traffic signal) to accommodate access to the City arterial street system. AIP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal],RES-Hazard Elimination[Federal],ITS-intelligent Transportation Systems[Federal],LID- Local Improvement District,P66TF-Public Works Trust Fund Loan[State],.STP-Surface Transportation Program[Federal], TIA-Transportation Improvement Account, T18-Transportation Improvement Board[State],TPP—Transportation Partnership Piogram[State] 3 CITY OF KENT 40 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: 4`h Avenue North and West Smith Street Intersection Improvements Intersection Improvement DESCRIPTION: Reconstruct the 4th Avenue North and West Smith Street intersection by widening each approach to add a left turn pocket with appropriate left turn storage and upgrade the traffic signal. This project will include construction of full width paving; concrete curbs, gutters, and sidewalks; landscaping; storm drainage; utilities, and appurtenances. PROJECT COST: Preliminary Engineering.................$185,000 Right of Way Acquisition...............$140,000 Construction ...................................$635,000 TOTAL...........................................$960,000 FUNDING SOURCE(S): FTA, City of Kent, ITS Funded PROJECT JUSTIFICATION: The intersection currently has four lanes on each approach. Volumes are such that it is necessary to operate the signal to serve only one approach at a time. This project widens each approach to provide for a separate left turn pocket with appropriate storage. This allows a much more efficient operation of the signal at this intersection, and significantly enhances the traffic signal progression along both of these heavily traveled arterial corridors. This project also improves traffic operations and provides arterial capacity for urban revitalization and serves as a key transit corridor. AIP-Arterial Improvement Program[State], CMAQ—Congestion Mitigation and Air Quality[Fcdcrul],FAST—Frctght Action Strategy for Everett-Seattle-Tacoma Corridor,FM.SIB—Freight Mobility Strategic Investment Board[State],FTA—Federal 10 Transit Administration[Federal],LIES—Hazard Elimination [Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improiement District,PIITF—Public works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TI4—Transportation Improvement Account, TIB—Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 4 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: Second Avenue North and West Smith Street DESCRIPTION: Minor widening on West Smith Street to provide separate left turn lanes, traffic signalization, traffic signal interconnect, and an intertie to the Burlington Northern/Santa Fe Railroad grade crossing signal PROJECT COST: Preliminary Engineering.................$200,000 Right of Way Acquisition..........................$0 Construction ............................. .....$800,000 TOTAL........................................$1,0009000 FUNDING SOURCE (S): City of Kent, ITS PROJECT JUSTIFICATION: The signal provides access to/from the Kent Transit Station which includes the bus center plus connections to each of the commuter rail platforms and the downtown Park & Ride parking structure. This intersection also provides the principal pedestrian connection between the historic downtown area, the Kent Transit Station, and the planned Transit Oriented Development (TOD) referred to as Kent Station. A1P-Arterial Improvement Program[State],C RAQ—Congestion Mitigation and Air Quality[Federal],FiIST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FA/.51B—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federdl],IICS—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PIVTF—Public works Trust Fund Loan[State],.STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 5 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: Central Avenue North/Pioneer Street Intersection improvement and widening of Pioneer Street DESCRIPTION: Widening of Central Avenue North and Pioneer Street intersection, widening of Pioneer Street, and traffic signal improvements PROJECT COST: Preliminary Engineering.................$100,000 Right of Way Acquisition..........................$0 Construction ...................................$336,000 TOTAL...........................................$4369000 FUNDING SOURCE (S): City of Kent, ITS PROJECT JUSTIFICATION: Improvements to the corner radii and widening of Pioneer Street will enhance t ransit access t o t he K ent T ransit C enter. The s ignal u pgrade includes traffic signal interconnect to the traffic signal system. This project is crucial to providing adequate access for the regional transit services to maneuver their buses into the Kent Transit Center and circulate through the Transit Center with minimal conflict from pedestrian or vehicle traffic. AIP-Arterial Impro),cment Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FM.SIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intel Iigent Transportation Systems[Federal],LID— Local Improvement District,POTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal]; TLd—Transportation Improvement Account, TIQ—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] 6 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: Military Road South at Reith Road Intersection Improvement DESCRIPTION: Widen all approaches of Military Road South at Reith Road intersection to provide exclusive left turn lanes for each approach, and exclusive right turn lanes for northbound and southbound traffic on Military Road South and westbound traffic on Reith Road. Modify the existing traffic signal. The project will include the construction of full width paving, paved shoulders, street lighting, storm drainage, utilities and appurtenances. PROJECT COST: Preliminary Engineering.............. ..$100,000 Right of Way Acquisition.................$50,000 Construction ................ ..................$900,000 TOTAL........................................$I,050,000 FUNDING SOURCE (S): AIP, City of Kent, STP Partially Funded PROJECT JUSTIFICATION: The level of development on the Kent West Hill, coupled with the growth in the Puget Sound area and the regularly occurring congestion along both Pacific Highway South and Interstate 5 results in significant congestion at this intersection in the morning and evening peak hours. AIP-Arterial Improvement Program[State],('tiIAQ—Congestion Mitigation and Air Quality[Federal],rAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PPVTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: South 228th Street Corridor- Phase I Military Road South to 541h Avenue South DESCRIPTION: Preliminary engineering and construction of a new five-lane roadway from SR-516 along Military Road South to approximately Bolger Road, then from Military Road South to 54th Avenue South, including a new bridge over the Green River. The project will include the construction of full- width paving; a bridge; concrete curbs, gutters, sidewalks and/or paved shoulders; street lighting; storm drainage; landscaping; utilities and appurtenances. The project may include the installation of traffic signals at the Corridor's intersections with Military Road South and Lakeside Boulevard. PROJECT COST: Preliminary Engineering..... . ......$4,800,000 Right of Way Acquisition........... $1,800,000 Construction ..............................$20,400,000 TOTAL......................................$2790009000 FUNDING SOURCE (S): TPP, City of Kent, LID,TIB, FMSIB, PWTF PROJECT JUSTIFICATION: James Street and Meeker Street `corridors' are not feasible to widen sufficiently to accommodate forecast traffic volumes and future development. West Meeker Street currently represents the only east-west arterial that crosses the Green River between SR 516 and South 212th Street. This project will provide required east-west capacity. ALP-Arterial Improvement Program[State],meiQ—Congestion Mitigation and Air Quality[Federal].FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],11CS—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal];LID— Local Improvement District,PR'TF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] 8 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: Central Avenue and Burlington Northern Santa Fe Railroad Grade Crossings Signals Intertie DESCRIPTION: Improvements to the Burlington Northern Santa Fe Railroad grade crossing signals. Includes installation of detector loops near the grade crossing and the intertie cable in underground conduit between the railroad grade signal and the corresponding traffic signal on Central Avenue at five arterials (East James Street, East Smith Street, East Meeker Street, East Gowe Street, and East Willis Street). PROJECT COST: Preliminary Engineering...................S20,000 Right of Way Acquisition..........................So Construction ............................... ...$120,000 TOTAL...........................................$140,000 FUNDING SOURCE (S): City of Kent, ITS PROJECT JUSTIFICATION: These i mprovements t o t he r ailroad grade c rossing s ignals a nhance t he safety of the arterial street crossings of the Burlington Northem/Santa Fe Railroad, a requirement of the Washington Utilities and Trade Commission (WUTC) to allow increased tram operating speeds for passenger and freight rail. The increase in operating speed (with appropriate safety upgrades) is essential to increasing the number of trains through the region, improving mobility and capacity for freight rail and passenger rail. Central Avenue is a Principal Arterial street, roughly parallel to the BNSFRR and approximately 480 feet easterly of the centerline of the BNSFRR tracks. AIP-Arterial Improvcment Program[State],CAIAQ-Congestion Mitigation and Air Quality[Federal],FAST-Frcight Action Strategy for Everett-Seattle-Tacoma Corridor,FM.SIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal],JIGS-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,POTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal]; TIA-Transportation Improvement Account, TIB-Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] 9 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: South 228th Street/Burlington Northern Santa Fe Railroad Grade Separation Project Grade Separation crossing at Burlington Northem/Santa Fe Railroad DESCRIPTION: Construct grade separation of the Burlington Northern Santa Fe Railroad mainline tracks at South 228°i Street. The project will include the construction of a railroad bridge, road underpass; full-width paving; concrete curbs, gutters, and sidewalks; street lighting, utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$2,250,000 Right of Way Acquisition............$1,000,000 Construction ..............................$13,750,000 TOTAL......................................$17,000,000 FUNDING SOURCE (S): City of Kent, TIB,PWTF loan, FAST, FMSIB, Burlington Northem/Santa Fe Railroad PROJECT JUSTIFICATION: The project will lead to a seamless connection between major freight handlers and their primary destinations. This project will support freight moving through Kent to the Ports of Seattle and Tacoma, Sea-Tac Airport and the freeway system. Grade separating the arterial will increase both rail and roadway capacity, decrease congestion, enhance safety, and improve freight mobility in this corridor and throughout the region. This project will provide regional connections between thousands of businesses, employers, and 40 million square feet of warehouse/industrial space. The level of freight and passenger rail traffic on the BNSF Railroad mainline is rising as a consequence of increased traffic in the Puget Sound area, and new Sound Transit and Amtrak service. AIP-Arterial Improvement Program[State],CAUQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMS1B—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],TIES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public works Trust Fund Loan[Stale],.STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 10 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: South 228`' Street/Union Pacific Railroad Grade Separation Project Grade Separation crossing at Union Pacific Railroad DESCRIPTION: Construct grade separation of the Union Pacific Railroad mainline tracks at South 2281h Street. The project will include the construction of a railroad bridge structure, a bicycle and pedestrian bridge, and a road underpass; full-width paving; concrete curbs, gutters and sidewalks; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$3,000,000 Right of Way Acquisition............$1,000,000 Construction ..............................$17,000,000 TOTAL......................................$21,000,000 FUNDING SOURCE (S): City of Kent, TIB, PWTF loan, FAST, FMSIB, Union Pacific Railroad PROJECT JUSTIFICATION: The project will lead to a seamless connection between major freight handlers and their primary destinations. This project will support freight moving through Kent to the Ports of Seattle and Tacoma, Sea-Tac Airport and the freeway system. Grade separating this arterial will increase both rail and roadway capacity, decrease congestion, enhance safety, improve freight mobility in this corridor and throughout the region. This project will provide regional connections for thousands of businesses, employers, and the 40 million square feet of warehouse/industrial space in the valley. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],RES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,P16TF—Public works Trust Fund Loan[State],STP—Surface Transportation Program(Federal], TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 11 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: Interurban Trail Crossings Signal Interconnect West Meeker Street and West Smith Street DESCRIPTION: Interconnect the existing traffic signals at the Interurban Trail crossings at West Meeker Street and West Smith Street to the Union Pacific crossing signals at said streets. PROJECT COST: Preliminary Engineering...................$30,000 Construction....................................$240,000 Right of Way Acquisition..................$-0- TOTAL...........................................$2709000 FUNDING SOURCE (S): STP, City of Kent PROJECT JUSTIFICATION: This project is required in order to interconnect the existing street signals with the railroad crossing signals. It will eliminate potential conflict where traffic could backup across the railroad tracks. A1P-Arterial Improvement Program[State], CAIAQ-Congestion Mitigation and Air Quality[Federal].FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FM.SIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal],LIES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PWTF-Public Works Trust Fund Loan[State],.STP-Surface Transportation Program[Federal], TIA-Transportation Improvement Account, T16-Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 12 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: South 212`11 Street Pavement Rehabilitation Green River Bridge to West Valley Highway(SR 181) DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add additional service l i fe t o t he a sphalt r oadway b etween t he G reen R iver bridge a nd West Valley Highway (SR 181). This project will include the removal and replacement of the upper two inches of the existing asphalt pavement in the curb lanes in both directions; and a full-width asphalt pavement overlay of the entire roadway. This project will also include the selective replacement of catch basin inlets and driveway approach aprons, and sections of concrete curbs and gutters. PROJECT COST: Preliminary Engineering...................$45,000 Right of Way Acquisition.......................$-0- Construction ...................................$635,000 TOTAL...........................................$680,000 FUNDING SOURCE (S): STP, City of Kent Funded PROJECT JUSTIFICATION: The existing asphalt pavement along this section of South 212`h Street is exhibiting signs of distress, as demonstrated by "alligatoring", longitudinal cracking, and cracking of the concrete curbs and gutters. The end of the service life of this roadway has been reached. Reconstruction of the pavement to extend the service life of the roadway and prevent further degradation is required. AIP-Artcnal Improvement Program[Stale], Cb1.IQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal],IICS-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,P41TF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], T111-Transportation improvement Account, TIB-Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 13 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: 841h Avenue South Pavement Rehabilitation SR 167 to South 212th Street DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add additional service life to the roadway between SR 167 and South 212`h Street. This project will include the removal and replacement of the existing pavement in the curb lanes in both directions, and a full-width asphalt concrete overlay of the entire roadway, and will also include the selective replacement of catch basin inlets and driveway approach aprons, curbs and gutters. PROJECT COST: Preliminary Engineering.................$145,000 Right of Way Acquisition.......................S-0- Construction .. ................................$585,000 TOTAL...........................................$730,000 FUNDING SOURCE (S): STP, City of Kent PROJECT JUSTIFICATION: The existing pavement along this section of 841h Avenue South is showing signs of structural distress as demonstrated by "alligatoring", longitudinal cracking, and cracking of the curbs and gutters. An inverted crown section also occurs at the former curb line along many of the sections of this street. This inverted crown section results in the ponding of stormwater in the street along the seam line, which increases the failure rate of the roadway pavement. AIP-Arterial Improvement Program[State], CNIAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FAISIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal];LIES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal];LID- Local Improvement District;PfiTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal]; TM-Transportation Improvement Account, TIB-Transportation Improvement Board[State].TPP—Transportation Partnership Program[State] 14 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT: 72"d Avenue South Extension South 200`h Street to South 196`h Street DESCRIPTION: Construct a new four-lane roadway from South 200`h Street to South 1961h Street. The project will include the crossing of Mill Creek and construction of full-width paving; concrete curbs, gutters, and sidewalks; street lighting; storm drainage; landscaping; utilities and appurtenances. PROJECT COST: Preliminary Engineering.... ............$160,000 Right of Way Acquisition...............$680,000 Construction ...................................$580,000 TOTAL........................................$1,4209000 FUNDING SOURCE (S): City of Kent PROJECT JUSTIFICATION: Continued development in the northern Kent industrial area, and high levels of congestion along West Valley Highway between the South 1801h Street and South 1961h Street corridors, mandate additional north-south arterial capacity. This project provides some relief for South 180`h Street, South 1961h Street, and South 2121h Street intersections along West Valley Highway. It also provides improved access to the South 196th Street corridor from industrial development along 72nd Avenue South. AIP-Arterial Improvement Program[State],CbGIQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FRUB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],IIES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PIVTF—Public Works Trust Fund Loan[State],.STP—Surface Transportation Program[Federal], TIA—Transportation improvement Account,TIB—Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 15 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT: South 277ih Street Corridor Extension Widen 1161h Avenue Southeast from Kent-Kangley Road (SR 516) to Southeast 2561h Street DESCRIPTION: Widen 1161h Avenue Southeast to provide a five-lane roadway, including four general-purpose travel lanes, a two-way left turn lane and a bicycle facility. Also included in this project will be the widening of the intersection of Kent-Kangley Road and 1161h Avenue Southeast to add an additional left turn lane to provide dual left turn lanes westbound on Kent- Kangley Road to southbound 1161h Avenue Southeast. The project will include the construction of paving; concrete curbs, gutters, sidewalks; bicycle lanes; paved shoulders; street lighting; storm drainage; utilities and appurtenances. PROJECT COST: Preliminary Engineering.................$300,000 Right of Way Acquisition............. .$210,000 Construction ................................$1,450,000 TOTAL........................................$19960,000 FUNDING SOURCE (S): TIB, City of Kent, LID PROJECT JUSTIFICATION: This project extends the South 277th Street Corridor northward to Southeast 2561h Street. Traffic studies have indicated that traffic demand will continue to increase on this section of 116ih Avenue. This roadway facilitates traffic from Southeast 256'h Street to the 272nd/277th Street Corridor. AIP-Arterial Improvement Program[State], CAIAQ-Congestion Mitigation and Air Quality[Federal],PAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FM.SIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal],I/ES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PIITF-Public Works Trust Fund Loan[State],STY-Surface Transportation Program[Federal], TIA -Transportation Improvement Account, TIB-Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 16 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT: Central Avenue South Pavement Rehabilitation Green River Bridge to East Willis Street (SR 516) DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add additional service life to the roadway, between the Green River Bridge and East Willis Street (SR 516. This project will include the removal and replacement of the upper two inches of the existing pavement in the curb lanes in both directions, and a full-width asphalt concrete overlay of the entire roadway, and will also include the selective replacement of c atch basin inlets, and driveway approach aprons, as well as curbs and gutters. PROJECT COST: Preliminary Engineering ..$50,000 Right of Way Acquisition..........................$0 Construction ...................................$550,000 TOTAL...........................................$6009000 FUNDING SOURCE (S): STP, City of Kent PROJECT JUSTIFICATION: The existing paving along this section of Central Avenue South is exhibiting signs of distress, as demonstrated by "alligatoring", longitudinal cracking, and cracking of the c urbs and gutters. T he s ervice 1 ife o f t his roadway has been reached, necessitating reconstruction of the pavement to extend the service life of the roadway, and prevent further pavement degradation. AIP-Arterial Improvement Program[State],CAIAQ—Congestion Mitigation and Air Quality[Federal],rAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FM.518—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal]:LIES—Hazard Elimination[Federal],1TS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PRTF—Public works Trust Fund Loan[State],STP—Surface Transportation Program[Federal]; TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State], TPP—Transportation Partnership Program[Stale] 17 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 PROJECT: Military Road South Widening-Phase I 381h Avenue South to South 248t Street DESCRIPTION: Widen and re-channelize Military Road South to provide an interim three- lane roadway, including two general-purpose travel lanes, and a two-way left turn lane. The project will include the construction of full width paving, street channelization, street lighting, utilities and appurtenances. PROJECT COST: Preliminary Engineering...................$55,000 Right of Way Acquisition.......................S-0- Construction ...................................$135,000 TOTAL...........................................$1909000 FUNDING SOURCE (S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of Military Road South has reached the point where a three-lane roadway section is required to accommodate through traffic and provide safe left turn access into the commercial center southwest of the National Guard facility. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State),FTA—Federal Transit Administration[Federal],IILS—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal),LID— Local Improvement District,PGVTF—Public Works Trust Fund Loan[State),STP—Surface Transportation Program[Federal]; TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] 1g CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 PROJECT: Willis Street (SR 516)/Union Pacific Railroad Grade Separation Project Grade Separation Crossing at Union Pacific Railroad (UPRR) DESCRIPTION: Construct grade separation of the Union Pacific Railroad's mainline tracks at Willis Street (SR 516). The project will provide more efficient movement of goods and services and will relieve congestion due to train traffic on the UPRR of approximately 20 trains per day. This results to an accumulated delay of more than 32 minutes per day at this intersection alone. The project will include the construction of a railroad bridge; a roadway under crossing; full-width paving; concrete curbs, gutters, and sidewalks; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$4,000,000 Right of Way Acquisition..........................$0 Construction ..............................$16,000,000 TOTAL......................................$20,000,000 FUNDING SOURCE (S): City of Kent,FAST, FMSIB,Union Pacific Railroad PROJECT JUSTIFICATION: This project supports east-west freight and commuter mobility in the Green River Valley. More than 27,000 vehicles per day travel on Willis Street, including over 800 freight-bearing trucks. The level of freight traffic on the UP Railroad mainline is also increasing as a consequence of economic conditions in the Puget Sound area. Grade separations provide the solution to the costly problem of congestion. The RR crossing will no longer impede freight and other traffic flow. Reductions in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion is also expected. This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and commuters. AIP-Arterial Improvement Program[State],CAIAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FM.SIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],IIES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improtement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation improvement Account,TIB—Transportation Improvement Board[State]. TPP—Transportation Partnership Program[State] 19 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 PROJECT: Willis Street (SR 516)/Burlington Northern Santa Fe Railroad Grade Separation Project Grade Separation Crossings at Burlington Northern/Santa Fe Railroad (BNSFRR) DESCRIPTION: Construct grade separation at the Burlington Northern Santa Fe Railroad mainline tracks at Willis Street (SR 516). The project will provide more efficient movement of goods and services and will relieve congestion due to train traffic on the BNSFRR of approximately 40 trains per day. This results in an accumulated delay of an hour each day at this intersection alone. The project will include the construction of a railroad bndge; vehicle under crossing; full-width paving; concrete curbs, gutters, and sidewalks; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$3,000,000 Right of Way Acquisition............$3,000,000 Construction ..............................$11,000,000 TOTAL........................................17,000,000 FUNDING SOURCE (S): City of Kent, FAST, FMSIB, Burlington Northern/Santa Fe Railroad PROJECT JUSTIFICATION: This project supports east-west freight and commuter mobility in the Green River Valley. More than 27,000 vehicles per day travel on Willis Street, including over 800 freight-bearing trucks. The level of freight and passenger rail traffic on the BNSF Railroad mainline is also increasing as a consequence of economic conditions in the Puget Sound area. Grade separation provides the solution to the costly problem of congestion. The railroad crossing will no longer impede freight and other traffic flow. Reductions in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion is also expected. This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and commuters. AIP-Arterial Improvement Program[State], CUAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FUSIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal],NES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID— Local Improvement District,PV"F-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], Tl l-Transportation Improvement Account, TIB-Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] 20 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 PROJECT: 80'h Avenue South Widening South 196th Street to South 188th Street DESCRIPTION: Widen 80°i Avenue South from South 196th Street to South 188th Street to five lanes. This will include four general-purpose lanes and a two-way left turn lane. The project will also include the construction of full-width paving; concrete curbs, gutters, and sidewalks; street lighting; storm drainage; utilities and appurtenances. PROJECT COST: Preliminary Engineering.................$130,000 Right of Way Acquisition...............$285,000 Construction ...................................$515,000 TOTAL...........................................$9305000 FUNDING SOURCE (S): City of Kent, LID PROJECT JUSTIFICATION: The opening of the 196`h Street Condor on the south end of the project and Renton's completion of Oaksdale Avenue South will result in 801h Avenue South being a significant north/south corridor serving the industrial area. As a result, the increased traffic volumes along this section of 80`h Avenue South could reach the point where a consistent five-lane roadway section is required to provide safe left turn access into the adjoining properties. Further, concrete curbs and gutters are required to provide control of r oadway d rainage and to prevent impacts to adjacent property owners. Sidewalks and street lighting are to provide safe access for pedestrians. All'-Arterial Improvement Program[State],C1*11IQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FM.SIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],IIES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,P6VTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal]; TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State]; TPP—Transportation Partnership Program[State] 21 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: EAR: 2007 PROJECT: South 272"d Street Widening - Phase 1 261h Avenue South to Military Road South DESCRIPTION: Widen the intersection of South 272"d Street and Military Road South to extend the existing left turn pockets on the west and north approaches and also add an 1100 foot right turn lane on the north approach. The South 272nd Street I-5 undercrossing will be excavated and the existing four lanes under the bridge widened to seven lanes. These lanes will include four general-purpose lanes, a two-way left turn lane, and two lanes held in reserve for Phase III of this project. This project will also include the construction of full width paving (including shoulders), drainage, utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$1,100,000 Right of Way Acquisition...............$900,000 Construction ................................$5,700,000 TOTAL........................................$797009000 FUNDING SOURCE (S): STP, City of Kent, City of Federal Way, King County, Sound Transit,TPP PROJECT JUSTIFICATION: The traffic volumes along this section of South 272"d Street have reached the point where additional lanes are required to reduce congestion. Additional lanes are also required under 1-5 to reduce congestion. The additional length of the right turn lane from Military Road South will help prevent extensive backups in the southbound lane. The project will also relieve congestion near the northside Park and Ride lot. AIP-Arterial Improvement Program[State],CA14Q—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor;FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],IIES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,P;VTF—Public Works Trust Fund Loan[State];STP—Surface Transportation Program[Federal], Till—Transportation Improvement Account, TIB—Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] 22 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 PROJECT: South 272nd Street Widening- Phase I[ Pacific Highway South (SR 99) to 261h Avenue South DESCRIPTION: Widen South 272nd Street to add one westbound left turn lane at the intersection of South 272nd Street and Pacific Highway South and left turn lanes at the South Star Lake Road intersection. If feasible, construction of curb, gutter, and sidewalks, street lighting, storm drainage facilities, utilities and appurtenances w ill b e d eferred u ntil P base III of t he S outh 272nd Street Widening Project. PROJECT COST: Preliminary Engineering.................$100,000 Right of Way Acquisition............ ....$50,000 Construction ...................................$650,000 TOTAL...........................................$800,000 FUNDING SOURCE (S): STP, City of Kent,TIB PROJECT JUSTIFICATION: Traffic volumes along this section of South 272nd Street have reached the point where widening and additional turn lanes are required to reduce congestion at the intersections and prevent backups between Pacific Highway South and I-5. This project will coordinate with access to the site of a proposed southside Park and Ride lot and with City of Federal Way improvements west of Pacific Highway South. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],F/IST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FM.SIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District;PIVTF—Public Works Trust Fund Loan [State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] 23 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 PROJECT: South 272nd Street Widening-Phase III Pacific Highway South to Military Road South and I-5 HOV Loop Ramp DESCRIPTION: Add two HOV Lanes from Pacific Highway South (SR 99) to Military Road South. An HOV loop-ramp from eastbound South 272nd Street to northbound 1-5 will also be constructed. Construction will include frill width paving; concrete curb, gutter, and sidewalks; street lighting; storm drainage; utilities; and appurtenances. PROJECT COST: Preliminary Engineering.................$800,000 Right of Way Acquisition...............$500,000 Construction ................................$6,200,000 TOTAL........................................$7,500,000 FUNDING SOURCE (S): STP,City of Kent,TIB PROJECT JUSTIFICATION: Traffic volumes between Pacific Highway South and Military Road South have reached the point where improvements supporting HOV- added capacity are required to reduce congestion at the intersections and reduce backups approaching I-5. The HOV lanes will provide access to the northside Park and Ride lot and the site of a proposed southside Park and Ride lot. Adding HOV lanes and HOV access to I-5 supports various County and City of Federal Way transportation and transit improvement projects. AIP-Artendl Improvement Program[State], CAd.4Q—Congestion Mitigation and Air Qudhty[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FM.SIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],IIES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,P;YTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal), TIA—Transportation Improvement Account, TIB—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] 24 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 PROJECT: South 228th Street Corridor- Phase III 84th Avenue South to 104th Avenue Southeast (Benson Road) (SR 515) DESCRIPTION: Construct a new three to five-lane roadway from 841h Avenue South to 104th Avenue Southeast (Benson Highway) (SR 515), including a new bridge over SR 167, and modify the traffic signals at the intersection of South 224`h Street and 84th Avenue South. The project will include the construction of full-width paving; concrete curbs, gutters, and sidewalks; street lighting; stonn drainage; bicycle lanes; landscaping; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$1,500,000 Right of Way Acquisition............$4,800,000 Construction ......................... ....$18,700,000 TOTAL......................................$25,0009000 FUNDING SOURCE (S): TPP, King County, City of Kent, LID PROJECT JUSTIFICATION: Additional capacity is required to accommodate existing development in the East Hill area of the City. The James Street and South 2081h/212th Street `corridors' are infeasible to widen to accommodate forecast traffic volumes without additional east-west capacity, based upon existing development and topographic constraints. AIP-Arteridl Improvement Program[State],Ch14Q-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FAHLSIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal];TIES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PWTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal]; TIA -Transportation Improvement Account, TIB-Transportation Improvement Board[Stale], TPP—Transportation Partnership Program[State] 25 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004- 2009 PROJECT: Bicycle and Pedestrian Improvements Ongoing Citywide Program DESCRIPTION: Make miscellaneous improvements to the City's Bicycle Route and Pedestrian system. Potential projects include improvements to 100th Avenue Southeast north of South 240th Street; Southeast 248th Street east of 90 Avenue South; and 152"d Way Southeast north of Southeast 272nd Street. PROJECT COST: Preliminary Engineering...................$60,000 Right of Way Acquisition.......................S-0- Construction ...................................$562,000 TOTAL...........................................$625,000 FUNDING SOURCE (S): STP,City of Kent PROJECT JUSTIFICATION: This p roject c omplies with t he C Ity's C TR (Commute T rip Reduction) Ordinance and the City Comprehensive Plan. This project helps to reduce peak hour single-occupant vehicle trips, encourage the use of non- motorized transportation modes, and provide safe routes for school-age pedestrians and cyclists. AIP-Arterial Improvement Program[State],CAIAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,F/II.SIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],IIES—Hazard Elimination[Federal),ITS—Intelligent Transportation Systems[Federal);LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State),.STP—Surface Transportation Program[Federal]; TIA—Transportation improvement Account, TIB—Transportation improvement Board[State], TPP—Transportation Partnership Program[State] 26 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 - 2009 PROJECT: Guardrail and Safety Improvements Ongoing Citywide Program DESCRIPTION: Make miscellaneous guardrail improvements each year to enhance motorist safety. Candidate projects include Frager Road and 100th Avenue Southeast (near the 22600 block). Upgrade existing guardrail end- treatments as mandated by State and Federal regulations. PROJECT COST: Preliminary Engineering...................$20,000 Right of Way Acquisition.......................$-0- Construction ...................................$175,000 TOTAL...........................................$1 95,000 FUNDING SOURCE (S): STP, HES, City of Kent PROJECT JUSTIFICATION: This project is mandated by compliance with Federal and State regulations, and the requirement to eliminate potentially hazardous roadway conditions. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Condor,FMSIB—Freight Mobility Strategic investment Board[State],FTA—Federal Transit Administration[Federal],RES—Hazard Elimination[Federal],1TS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PPfTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account;TIB—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] 27 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 - 2009 PROJECT: Americans with Disabilities Act Compliance Sidewalk Repair and Rehabilitation Ongoing Citywide Program DESCRIPTION: Reconstruct and repair existing sidewalks and pedestrian ramps, and install new hard-surfaced sidewalks to implement the requirements of the Federal Government's Americans with Disabilities Act (ADA). This project will include an inventory of the City's sidewalk/walkway facilities, and identification and correction of existing deficiencies. This project will also include the construction of concrete curbs, gutters and sidewalks; minor storm drainage; and appurtenances. PROJECT COST: Preliminary Engineering.................$200,000 Right of Way Acquisition.......................S-0- Construction .......... .....................$1,750,000 TOTAL........................................$1,950,000 FUNDING SOURCE (S): City of Kent PROJECT JUSTIFICATION: This project is mandated by the Americans with Disabilities Act (ADA). It repairs existing sidewalks, replaces deficient/substandard and/or missing wheelchair/pedestrian ramps, and brings same into compliance with the adopted Federal standards. AIP-Arterial Improvement Program[State];CAIAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FAISIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HGS—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal]; TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] 28 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 -2009 PROJECT: Commuter/Shopper Shuttle Bus Ongoing Citywide Program DESCRIPTION: Continue to provide enhanced transit service in the Downtown Kent business area through the use of a fixed-route shuttle service, with demand-responsive routing capabilities. Service route points will include King County Metro Park and Ride, South King County Regional Justice Center, and Kent City Hall, as well as local shopping and medical facilities. PROJECT COST: Preliminary Engineering.........................$-0- Right of Way Acquisition.......................$-0- Operations ......................................$140,000 TOTAL...........................................$140,000 *City share, which is equivalent to the lost fare box revenue that the county could have collected were not the city wanting a free service, (based on 6 years operating cost with 3%inflation). FUNDING SOURCE (S): King County, City of Kent PROJECT JUSTIFICATION: The Shopper Shuttle provides mobility and independence to many of the city's seniors as well as school children and other citizens with limited mobility options. The service addresses a significant transit market that may not be able to use the county's more traditional routes, and helps the city meet its road safety and transportation demand management goals. All'-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,F1618-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal],IICS-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Impro%enient District;PVITF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TIA-Transportation Improvement Account,TIB-Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] 29 Kent City Council Meeting Date September 2, 2003 Category Consent Calendar 1. SUBJECT: SOUTH 277TH STREET IMPROVEMENT PROJECT—ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, accept the South 277s' Street Improvement project as complete and release the retainage to Mid Mountain Contractors, Inc. upon standard releases from the State and release of any liens. The original contract amount was $24,801,423.12. The final contract amount was $25,702,591.05. 3. EXHIBITS: None 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. 6H Kent City Council Meeting Date September 2. 2003 Category Consent Calendar 1. SUBJECT: 2003 ASPHALT OVERLAYS PROJECT—ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, accept the 2003 Asphalt Overlays project as complete and release the retainage to Western Asphalt upon standard releases from the State and release of any liens. The original contract amount was $195,249.45. The final contract amount was $1689775.21. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I Kent City Council Meeting Date September 2, 2003 Category Consent Calendar 1, SUBJECT: 2004 BUDGET, CAPITAL FACILITIES PLAN AMENDMENT AND SCHOOL DISTRICT CAPITAL FACILITIES PLAN UPDATES— SET HEARING DATE 2. SUMMARY STATEMENT: Set September 16, 2003 as the date for a public hearing to consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan and amendment of Chapter 12.13 Kent City Code to incorporate updated Capital Facilities Plans of the Kent and Federal Way School Districts, addition of the Capital Facilities Plan of the Auburn School District, and changes to adopted school impact fees. 3. EXHIBITS: Staff memo from Charlene Anderson dated 8/26/03 4. RECOMMENDED BY: Planning Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6J COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES KEN T Charlene Anderson,AICP, Manager WASHINGTON Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE. AUGUST 26, 2003 TO- MAYOR JIM WHITE, COUNCIL PRESIDENT JUDY WOODS AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER THROUGH: MAYOR JIM WHITE SUBJECT: COMPREHENSIVE PLAN/CAPITAL FACILITIES ELEMENT AMENDMENT AND UPDATE TO CHAPTER 12.13 KENT CITY CODE #CPA-2003-3 MOTION: Set September 16, 2003 as the date for a public hearing to consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan and amendment of Chapter 12.13 Kent City Code to incorporate updated Capital Facilities Plans of the Kent and Federal Way School Districts, addition of the Capital Facilities Plan of the Auburn School District, and changes to adopted school impact fees. SUMMARY: Kent City Code provides for imposition of school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan The school districts are required to submit for annual Council review their updated capital facilities plans. Based on the recently adopted Ordinance No 3650, the City Council holds the public hearing on the school district plans at the same time as the public hearing for the budget, i.e., September 16, 2003. The Auburn, Kent and Federal Way School Districts have submitted updated Capital Facilities Plans for Council review and consideration The City of Kent 6-year Capital Improvement Program also will update the Capital Facilities Element of the Comprehensive Plan but will be considered in a later public hearing on the draft budget document BUDGET IMPACT: None BACKGROUND: One of the planning goals under the Growth Management Act (RCW 36.70A 020) is to ensure that those public facilities and services necessary to support development are adequate and timely to serve the development without decreasing current service levels below minimum standards. The Act (RCW 36 70A.070) also requires the Capital Facilities Element of the Kent Comprehensive Plan to inventory existing capital facilities, forecast future needs and provide for financing of those facilities. RCW 82.02.050 authorizes cities planning under the Growth Management Act to impose impact fees on development activity as part of the financing for public facilities needed to serve new growth and development. As a result, KCC 12.13.080 provides for imposition of school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facilities plans (KCC 12.13.060 & 070). The Auburn, Kent and Federal Way School Districts propose amendment of the Kent Comprehensive Plan and Kent City Code Chapter 12 13 to reflect changes to impact fees resulting from new student population generated by new single family and multifamily residential development. The updated plans include an inventory of existing facilities, existing facility needs, expected future facility requirements, and expected funding. The Kent School District proposes increasing their existing school impact fees for single family units from $4,147 to $4,292 (an increase of S145 or 3.5%) and for multifamily units from $2,554 to $2,643 (an increase of$89 or 3.5%). The Federal Way School District proposes decreasing their existing school impact fees for single family units from $3,865 to $3,269 (a decrease of$596 or 15.4%) and for multifamily units from $1,086 to $940 (a decrease of$146 or 13.4%). The Auburn School District proposes school impact fees for single family units of$4,528 and for multifamily units of $1,212. These impact fees are requested for the impoundment reservoir property only. CA\pm S\Permit\Plan\CompPlanAmdments12003\capfacihties2003update doc cc Fred N Satterstrom,AICP,CD Director Charlene Anderson,AICP,Planning Manager Project File#CPA-2003-2/KIVA#2032425 Parties of Record CPA-2003-3 Comprehensive Plan/Capital Facilities Element Amendment 9/2/03 City Council Meeting Page 2 of 2 Kent City Council Meeting Date September 2. 2003 Category Consent Calendar 1. SUBJECT: EXCUSED ABSENCE FOR COUNCILMEMBER PETERSON— APPROVE 2. SUMMARY STATEMENT: Approval of an excused absence from the September 2, 2003 City Council meeting for Councilmember Peterson. 3. EXHIBITS: None 4. RECOMMENDED BY: • (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. 6K Kent City Council Meeting Date September 2. 2003 Category Consent Calendar 1. SUBJECT: AMENDMENT TO DELINQUENT ACCOUNTS ORDINANCE— ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. amending Ch. 3.10 of the Kent City Code regarding delinquent accounts and the assessment of penalties and interest. Chapter 3.10 of the Kent City Code establishes interest charges for certain types of delinquent accounts. The proposed ordinance is primarily a housekeeping amendment that amends Ch. 3.10 in order to clarify penalties and interest charges assessed for invoices billed for services or for other amounts due to the city not otherwise established in the Kent City Code. In addition, this amendment aligns other related sections regarding collection and unpaid charges for consistency, exempts donors or grantor agencies from delinquency charges, establishes a minimum interest charge of $2.00, and authorizes use of a collection agency. • 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Operations 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. 6L ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 3.10 of the Kent City Code relating to delinquent accounts, clarifying assessment and collection of penalties and interest, and aligning other related sections regarding collection of unpaid charges for consistency. WHEREAS, Ch. 3.10 of the Kent City Code ("KCC") establishes interest charges for certain types of delinquent accounts; and WHEREAS, Ch. 3.10 KCC does not accurately reflect delinquent i account policies established elsewhere in the code; and WHEREAS, this ordinance amends Ch. 3.10 KCC in order to clarify the amount of interest or service charges assessed for invoices billed for services or other amounts due to the City that are not otherwise established elsewhere in the code; and WHEREAS, this ordinance also makes other housekeeping amendments to related sections in the code regarding collection of unpaid charges in order to make those revised sections consistent with the other code collection provisions; NOW THEREFORE, 1 Kent City Code Ch. 3.10— Delinquent Accounts THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. - Amendment. Chapter 3.10 of the Kent City Code is amended as follows: CHAPTER 3.10 DELINQUENT ACCOUNTS Sec. 3.10.010. Definitions . The following words, terms, and phrases, when used in this chapter, shall have meanings ascribed to them in this section, except where the context clearly indicates a different meaning Dehnquent shall mean any Afi-account shall be aeefaed to be delinquenI if not paid within thirty (30) days from of-the date shown on the invoice as the "invoice date "efty: Donor shall mean any person, firm, corporation, agency or state or local government unit that promises or pledges to contribute or that donates money or other assets to the City without expectation of repayment by the City through monies, products, or services from the City. Grantor Agencies shall mean any local government, state agency, or firm that provides federal, state, or county financial assistance in the form of grants or other entitlements. Sec. 3.10.020 Service charge on delinquent accounts. There is her-eb y i'mpesed upon-all delinquent-aeeeuf.csFeeeiyable, ^^, ethem,ise exempt un der .,,..ms of this ehapter-,If any person, firm, or corporation fails or neglects to pay any City invoice within thirty(30) days from the date shown on the invoice as the"invoice date," a rxeethl-y-service charge of one (1) percent of the amount of the unpaid balance on the outstanding account or two dollars fifty eents (S 000450), whichever is the greater-ar»eppt,- will be imposed one month from the date payment was due, and at the end of each succeeding monthly period, until all past due amounts are paid in full. 2 Kent City Code Ch. 3.10- Delinquent Accounts Any invoice or service charge due under this chapter and unpaid shall constitute a debt to the City. The City may, pursuant to Ch. 19:16 RCW, use a collection agency to collect outstanding debts, or it may seek collection by court proceedings, which remedies shall be in addition to all other remedies See. 3.10.030 Exemption. Bills r F the fu shi f,.t,l,t, sen,iees shall b eelleetea p nt to KC-C Title 7 Utilities. A. Donors and jZrantor agencies. Donors or grantor agencies shall be exempt from the delinquency and collection provisions of this chapter. B. Code enforcement Code enforcement fines and penalties that have been assessed in accordance with Ch. 1.04 KCC shall be exempt from the delinquency and collection provisions of this chapter and shall be subject to the delinquency and collection provisions of Ch. 104 KCC. C. Public records Duplication fees owed for public records produced in accordance with Ch. 105 KCC shall be exempt from the delinquency and collection provisions of this chapter and shall be subject to the delinquency and collection provisions of Ch. 105 KCC. D. Utility taxes. Utility taxes imposed by the City upon all persons engaged in certain utility business activities defined in Ch. 3.18 KCC shall be exempt from the delinquency and collection provisions of this chapter and shall be subject to the delinquency and collection provisions of Ch. 3 18 KCC. E. Gambling taxes Gambling taxes shall be exempt from the delinquency and collection provisions of this chapter and shall be subject to the delinquency and collection provisions of Ch. 3 21 KCC. 3 Kent City Code Ch, 3.10— Delinquent Accounts F. Local improvement districts. Bills for local improvement districts (LIDs) shall be exempt from the delinquency and collection provisions of this chapter and shall be subject to the delinquency and collection provisions of Ch. 3.22 KCC and Ch. 6.04 KCC. G. Business licenses and regulations. Business license and other license penalties assessed in accordance with Title 5 KCC shall be exempt from the delinquency and collection provisions of this chapter and shall be subject to the delinquency and collection provisions of Title 5 KCC. H. City utility services. Invoices for the furnishingof City utility services shall be exempt from the delinquency and collection provisions of this chapter and shall be subject to the delinquency and collection provisions of Ch. 7.01 KCC. I. Maintenance of landscapinz Invoices for maintenance of landscaping required by Ch. 15 07 KCC shall be exempt from the delinquency and collection provisions of this chapter and shall be subject to the delinquency and collection provisions of Ch. 15.07 KCC, J. Contracts. If a written contract states different payment terms, the delinquency and collection provisions of the contract shall apply. SECTION 3. — Amendment. Section 5.01.180 of the Kent City Code, entitled "Monetary Penalties," as they pertain to business licenses is amended as follows: See. 5.01.180. Penalties. A. Monetary penalties 1. Penalty for operation of a business enterprise without a license shall be assessed by the director in an amount not to exceed five hundred dollars ($500). This 0 4 Kent City Code Ch. 3.10— Delinquent Accounts penalty shall not apply to business enterprises failing to pay the license renewal fee as set forth in subsection (A)(2)below. 2. Failure to pay the license fee within ninety (90) days after the date of expiration, pursuant to KCC 5.01.110, shall subject the licensee to a monetary penalty in the amount of fifty dollars ($50) to reinstate the license, in addition to the required license fee. B. Collection. Any license fee or tax due and unpaid and delinquent under this chapter, shall constitute a debt of the City. The City may, pursuant to Ch. 19.16 RCW, use a collection agency to collect unpaid fees or taxes owed or assessed, or it may seek and all penalties •here^^ may "^ ^ollectioned by court proceedingsew+-aeta;z, which remedies shall be in addition to m all other existing remedies and penalties. C. Criminal penalties. Any business licensee who violates or fails to comply with any of the provisions of this chapter or other lawful rule or ordinance adopted by the City pursuant thereto, shall upon conviction be punished as described in the general criminal penalty provisions of KCC 1.01.140. SECTION 4. - Amendment. Section 15.07.070 of the Kent City Code, entitled"Maintenance of landscaping," as it pertains to zoning is amended as follows: Sec. 15.07.070. Maintenance of landscaping. A. Required. Whenever landscaping is or has been required in accordance with the provisions of this title or any addition or amendments to this title, or in accordance with the provisions of any previous code or ordinance of the City, the landscaping shall be permanently maintained in such a manner as to accomplish the purpose for which it was initially required. B. Notice of violation. The planning managerdirestee or his or her designee designated Eep-esentative is hereby authorized and empowered to notify the owner of any property required to be landscaped, or the agent, tenant, lessee, or assignee of any 5 Kent City Code Ch. 3.10- Delinquent Accounts such owner, that the landscaping is not being adequately maintained and the specific nature of such failure to maintain. The notice shall specify the date by which the maintenance must be accomplished, and shall be sent by certified mail, addressed to the owner at his last known address. C. Action upon noncompliance. 1. Upon the failure, neglect, or refusal of any owner or agent so notified to perform the required maintenance within the time specified in the written notice, or within fifteen (15) days after the date of such notice if the notice is returned to the City by the post office department because of inability to make delivery thereof, provided the notice was properly addressed to the last known address of the owner or agent, the planning manager direeieror his or her desi r�ee is hereby authorized and empowered to cause the required maintenance to be done and provide for payment of the cost thereof, with the cost to be collected or taxed against the property affected as provided in this section. 2. Nothing in this section shall prevent the planning manager teeter-or his or her designee from taking action as provided in KCC 15 09.090. D. Charge for maintenance by City to be included in tax bill. When the City has performed landscape maintenance or has paid for such maintenance, the actual cost thereof,plus accrued interest at the rate of eight (8)percent per annum from the date of the completion of work, if not paid by such owner prior thereto, may be charged to the owner of such property on the next regular tax bill forwarded to such owner by the City, and if so charged shall be due and payable by the owner at the time of payment of such bill. E. Lien for payment of charges. If the full amount due the City is not paid by such owner within thirty (30) days after performance of the maintenance as provided for in 6 Kent City Code Ch. 3.10— Delinquent Accounts subsection (C)of this section, then, in that case, the planning mana erdfreetef or his or her designee may cause to be recorded in the office of the supervisor of treasury accounting a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the legal description of the property on which the work was done. The recording of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus court costs if any, until final payment has been made. The costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further shall be subject to a delinquent penalty of eight (8) percent per annum if the costs and expenses are not paid in full on or before the date the tax bill upon which the charge appears become delinquent. Sworn statements recorded in accordance with the provisions of this subsection shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement plus interest constitutes a charge against the property designated or described in the statement and that the charge is due and collectible as provided by law. F. Alternative methods of collection of charges. In addition to or in lieu of the provisions of subsections (D) and (E) of this section, the City may, at its option and pursuant to Ch. 19.16 RCW, use a collection agency to collect unpaid charges, interest, and penalties owed or assessed pursuant to this chapter, or the City may seek collection 'b y . a e ,•' aetien in ^ourt proceedings, which remedies shall be in addition to all other remedies. of eampeient �sdietten te ee"ee' of any ehafges fed by the eity r -f o f nten.nee , idea : ..seed.., (G) e I.V Mll Y4 V� U1V Y14� 1 this seetio. SECTION S. — Severabiltty. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision 7 Keys City Code Ch. 3.10— Delinquent Accounts shall 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 its passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of September, 2003. APPROVED: day of September, 2003. PUBLISHED: day of September, 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 1Cw31\0rdinencclDehnquentAcmmu-Ch3 10 dm 8 Kent City Code Cit. 3.10— Delinquent Accounts Kent City Council Meeting Date September 2. 2003 Category Consent Calendar 1. SUBJECT: CITY CREDIT CARD USE CLARIFICATION RESOLUTION— ADOPT 2. SUMMARY STATEMENT: Adoption of Resolution No. clarifying City credit card use for authorized non-travel related purchases. The proposed amendment is primarily a housekeeping amendment that clarifies an employee's ability to use credit cards for authorized non-travel purposes, such as certain Parks Department recreation programs. City employees will be able to make small travel and non-travel related purchases simply and easily when appropriate and authorized by either a top-level manager or department director. Credit cards reduce costs associated with processing requisitions,purchase orders, and accounts payable, while creating good business relations with suppliers by speeding up payments. 3. EXHIBITS: Resolution, Finance Director memorandum & copy of Resolution 1200 . 4. RECOMMENDED BY: Operations Committee (3-0) (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 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, amending Resolution No. 1200 to clarify use of City credit cards to include authorized non- travel related purchases. WHEREAS, on April 18, 1989, the City Council adopted Resolution No. 1200, which allowed for employee use of City credit cards; and WHEREAS, it is appropriate to amend Resolution No. 1200 to bring it into conformity with existing City practice by clarifying employee City credit card use for other non-travel purchases in order to reduce costs associated with processing requisitions,purchase orders, and accounts payable; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. — Amendment. Section 5 of Resolution No. 1200 is hereby amended as follows: Section 5. As authorized by City department directors, or their designees, City of Kent employees are authorized to mouse City credit of the—cardsptfffivant to this in accordance with the terms of(Resolution No. 1200, and any amendment made thereafter;; the credit card agreement between the City and the bank issuing, the credit card;; the City's policy manual: and any other policy established by the City or the employee's department director. City credit cards may be used for travel and non- travel related purchases, at the discretion of the department director, or his 1 City Credit Cards—Authorized Uses Amending Resolution No. 1200 or her designee—and a ,,,.,f&vea 4... r,e... orient T,:_ .,...... City employment shall be verified by display of City identification. SECTION 2. - Severabthty. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. - Ratification Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of September,2003. CONCURRED in by the Mayor of the City of Kent this day of September, 2003. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 2 City Credit Cards—Authorized Uses Amending Resolution No. 1200 I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of September,2003. BRENDA JACOBER,CITY CLERK P fil R.tlwIMCVYwsN.d�o.1:IW do 3 City Credit Cards—Authorized Uses Amending Resolution No. 1200 FINANCE DEPARTMENT d�a may N"iller, Finance Department Phone:253-856-5260 Fax 253-856-6255 ��E N T55 Address. 220 Fourth Avenue S. W A S H I N G T O H Kent,WA 98032-5895 DATE: August 19, 2003 FROM: May Miller, Finance Director THROUGH: Mike Martin, Chief Administrative Officer SUBJECT: Amending Resolution No. 1200 to Allow City Credit Cards to be Used for Non- Travel Related Purchases. MOTION: Move to recommend council adoption of the proposed resolution clarifying City credit card use for authorized non-travel related purchases. SUMMARY: Resolution No. 1200 currently authorizes employee use of City credit cards for travel purposes. The proposed amendment is primarily a housekeeping amendment that clarifies employee use of credit cards for authorized non-travel purposes, such as certain Parks Department recreation programs. When efficient, City employees will be able to make small travel and non-travel related purchases simply and easily when appropriate and authorized by either a top-level manager or department director. Credit cards reduce costs associated with processing requisitions, purchase orders, and accounts payable, while creating good business relations with suppliers by speeding up payments. Finance is currently exploring usage of "procurement cards," which would involve an amendment to the City's employee policy manual. Procurement cards may ultimately replace City credit cards, which would involve a subsequent request of Council to amend or replace this resolution. BUDGET IMPACT: None. 1 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, amending Resolution No. 1200 to clarify use of City credit cards to include authorized non- travel related purchases. WHEREAS, on April 18, 1989, the City Council adopted Resolution No. 1200, which allowed for employee use of City credit cards; and WHEREAS, it is appropriate to amend Resolution No. 1200 to bring it into conformity with existing City practice by clarifying employee City credit card use for other non-travel purchases in order to reduce costs associated with processing requisitions,purchase orders, and accounts payable; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. —Amendment. Section 5 of Resolution No. 1200 is hereby amended as follows: Section 5. As authorized by City department directors, or their designees, City of Kent employees are authorized to €er-use City credit e€ the-cards in accordance with the terns of rResolution No. 1200, and any amendment made thereafter;; the credit card agreement between the City and the bank issuing the credit card;; the City's policy manual; and any other policy established by the City or the employee's department director. City credit cards maybe used for travel and non- travel related purchases, at the discretion of the department director, or his t City Credit Cards—Authorized Uses Amending Resolution A'o.1200 or her desienee. - - City employment shall be verified by display of City identification. SECTION 2 - Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this r esolutloll. SECTION 3. - Rati tcation. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washing on, this day of August, 2003. CONCURRED in by the Mayor of the City of Kent this day of August, 2003. RM WHITE,MAYOR ATTEST: BRENDA JACOBER,CITY CLERK APPROVED AS TO FORM: TOM BR UBAKER, CITY ATTORNEY 2 City Credit Cards—Authorized Uses Amending Resolution No.1200 T hereby certify chat rhos is a tnx and correct copy of Resolution b?o. passed by the City Council of the City of Kent, Washington, the day of August, 2003. DVT W)e rernuFu rpry rr Fuu is�✓a��.vara...a�, v i 3 City Credit Cards—Authorized Uses An:ending Resolution No.1100 I� I iRESOLUTION NO. O d A RESOLUTION of the City Council of the City of Kent, Washington, authorizing City employee use of Visa/MasterCard credit cards for travel purposes. WHEREAS, the City of Kent desires to obtain and use Visa and MasterCard credit cards ("cards") issued to this corporation by U.S. Bank of Washington, National Association ("Bank") for use by officers and employees designated by this corporation. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Mayor of the City of Kent and his successors in office be directed and empowered in the name of the corporation to sign Bank's Company Visa/MasterCard Credit Card Agreement and to apply for the issuance of such number of cards as, in the judgment of the officer or officers authorized, this corporation may require, to sign such other application forms and agreements as Bank may require, and designate persons who may use a card. Section 2. The City shall be responsible for and shall pay Bank for all indebtedness incurred by use of Company cards by persons designed by this corporation according to such use agreed to between this corporation and Bank. Section 3. The duties and responsibilities of this corporation and Bank with respect to the Company card shall be governed by Bank's Company Visa/MasterCard Credit Card Agreement, as amended from time to time, and shall not be affected by the terms of the card billing statement, cardholder agreement, or advertising, all of which relate to cards issued to consumers rather than to corporations. Section 4. The Bank is authorized to act upon this resolution until written notice of its revocation is delivered to Bank. i, Section 5. City of Kent employees are authorized for use of the cards pursuant to this resolution, credit card agreement, nand as approved by Department Directors. City employment shall be .) verified by display of City identification. II i 'j Passed at a regular meqt Jng of the Cit Council of the I� City of Kent, Washington this day of 1989. Concurred in by the Mayor of the City of Kent, this day of , 1989. DAN KELLEHER, MAYOR ATTEST: MARIE JENSE , CITY CLERK APPROVED 7 T-O-CORM: DRISCC ftRNEY I hereby certify that this is a true and correct copy of Resolution No. /aOa_, passed by the City Council of the City of Kent, Washington, the __�_ day of , 1989. —�- � =f=== (SEAL) MARIE JBUSEN, CITY CLERK 7160-250 2 • Kent City Council Meeting Date September 2, 2003 Category Consent Calendar 1. SUBJECT: FIRST HALF 2003 BUDGET AMENDMENT ORDINANCE— ADOPT 2. SUMMARY STATEMENT: As recommended by the Operations Committee at their August 19, 2003 meeting, authorization to approve the gross consolidating budget adjustment ordinance totaling $15,851,033 for budget adjustments made between January 1, 2003 and June 20, 2003. This ordinance is primarily a housekeeping adjustment, consolidating individual budget items into one adjusting ordinance. 3. EXHIBITS: Ordinance and Finance Director memorandum 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X $15,851,033 total budget impact, of this amount $14,119,778 has been previously approved by Council 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6N I I i ORDINANCE NO. ,I AN ORDINANCE of the City Council of the City of Kent,Washington,amending the 2003 budget for adjustments made from January I, 2003, to June 30, 2003. THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. - Budget Adjustment. The 2003 City budget is amended to include budget fund adjustments as summarized and set forth in Exhibit "A," which is attached and incorporated by this reference. Authorized positions are reduced by 33 13 full-time equivalents, and the internal fund loan or investment rate is standardized at the Washington state pool rate. SECTION2. -Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 3. - Severabilitti. If any section, sentence, clause or phrase of ,this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. 1 2003 First Half Budget Adjustment SECTION 4. -Effective 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. I I I JIM WHITE, MAYOR I i ATTEST: �I BRENDA JACOBER CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of September, 2003. APPROVED: day of September, 2003. PUBLISHED: day of September, 2003. II 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 10410rdo ar c BudgnAdjustm l 2003-1 st dm 2 2003 First Half Budget Adjustment City of Kent Budget Adjustment Ordinance Adjustments January 1, 2003 to June 30, 2003 Exhibit A Adjustment Fund Title Ordinance 001 General Fund (12,883) 110 Street Fund 176,441 130 Lodging Tax Fund 0 140 Youth/Teen Fund 0 150 Capital Improvement Fund (447,123) 160 Criminal Justice Fund 83,857 170 Environmental Fund 128,633 180 Housing & Comm Dev Fund 810,000 190 Other Operating Projects Fund 5,388 210 Voted Debt Service Fund 0 220 Non-Voted Debt Service Fund 0 250 Spec Assess Debt Service Fund (45,612) 310 Street Capital Projects Fund 8,391,369 320 Parks Capital Projects Fund (10,293) 330 Other Capital Projects Fund (78,746) 340 Technology Capital Projects 4,082,770 350 Facilities Capital Projects 128,759 410 Water Operating Fund 681,345 440 Sewerage Operating 420,934 480 Golf Operating 47,598 510 Fleet Services Fund 17,957 520 Central Services Fund 124,914 530 Fire Equipment Fund 15,644 540 Facilities Management Fund 187,484 560 Insurance Fund 1,142,597 620 Firefighters Pension Fund 0 680 Agency and Clearing Fund 0 701 Kent Economic Dev Corp 0 Total Gross Budget Change 15,851,033 Less: Internal Service Funds (1,167,968) Other Transfers 1,209,078 Internal Transfers (274,645) Subtotal (233,535) Total Net Budget Change 15,617,498 - FINANCE ` May Miller, Director Pharr.253-856-52E0 Fax 253-856-E255 KEN T W A S H I N G T O N Address: 220 Fourth Avenue S. Kent,WA 98032-5895 DATE: August 11, 2003 TO: Kent City Council Operations Committee FROM: Mayene Miller, Finance Division Director SUBJECT: Consolidating Budget Adjustment ordinance for Adjustments between January 1, 2003 and June 30, 2003 MOTION: Recommend Council approve the consolidating budget adjustment ordinance for adjustments made between January 1, 2003 and June 30, 2003 totaling $15,8519033. SUMMARY: Authorization is requested to approve the gross consolidating budget adjustment ordinance totaling $15,851,033 for budget adjustments made betvdeen January 1, 2003 and June 30, 2003. This ordinance is primarily a housekeeping adjustment, consolidating individual budget items into one adjusting ordinance. BUDGET IMPACT: $15,851,033 total budget impact. Of this amount, $14,119,778 has been previously approved by Council. V ISudget Changes%2003 SCE oticn Sheet June 2003 doc ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent,Washington,amending the 2003 budget foradjustments made from January 1, 2003,to June 30, 2003. THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. -Budget Adjustment. The 2003 City budget is amended to include budget fund adjustments as summarized and set forth in Exhibit "A,"which is attached and incorporated by this reference. Authorized positions are reduced by 33.13 full-time equivalents, and the internal fund loan or investment rate is standardized at the Washington state pool rate. SECTION 2. -Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION3. - Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. 1 2003 First KaTBudget Adjustment 07CTJ0A'4. -Effective Date. This ordinance shail take eff�nt and be ini force five(5)days from and after its passage,approval and publication as provided bylaw. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO rORM: i I 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 P\C,"InOrdm=t8uaaaAajustm t-2003-In ax 2 2003 First Half Budget Adjustruerr City of Kent Budget Adjustment Ordinance Adjustments January 1, 2003 to June 30, 2003 Exhibit A Adjustment Fund Title Ordinance 001 General Fund (12,883) 110 Street Fund 176,441 130 Lodging Tax Fund 0 140 Youthlreen Fund 0 150 Capital Improvement Fund (447,123) 160 Criminal Justice Fund 83,857 170 Environmental Fund 128,633 180 Housing & Comm Dev Fund 810,000 190 Other Operating Projects Fund 5,388 210 Voted Debt Service Fund 0 220 Non-Voted Debt Service Fund 0 250 Spec Assess Debt Service Fund (45,612) 310 Street Capital Projects Fund 8,391,369 320 Parks Capital Projects Fund (10,293) 330 Other Capital Projects Fund (78,746) 340 Technology Capital Projects 4,082,770 350 Facilities Capital Projects 128,759 410 Water Operating Fund 681,345 440 Sewerage Operating 420,934 480 Golf Operating 47,598 510 Fleet Services Fund 17,957 520 Central Services Fund 124,914 530 Fire Equipment Fund 15,644 540 Facilities Management Fund 187,484 560 Insurance Fund 1,142,597 620 Firefighters Pension Fund 0 680 Agency and Clearing Fund 0 701 Kent Economic Dev Corp 0 Total Gross Budget Change 15,851,033 Less: Internal Service Funds (1,167,968) Other Transfers 1,209,078 Internal Transfers (274,645) Subtotal (233,535) Total Net Budget Change 15,617,498 o 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 eama ° La m Lp O O O O O 0 0 0 O r C7 O O N M r N O O n 5 M O O O m 01 r O v v O t- m O V IT (h O `7 Nt M 0 r V 0) O N to V O r O r (p tz N IZ N (0 CO N O Ld lZ N t0 0) r N �N.. 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N N N � a 0 v 0 E E � c V o c I o c °� c o c m 0 0 o c E m n m O. m O. c O. lC0 0 aM in (n � in 2 c w D � co cn � C � � Cl) co = � � 2 2 2 0 o M o 0 0 0 M 0 M o M 0 0 o a) 0 Cl) 0 0 m mo m m m ms mo mo m m m - mo m m T -1 N J J J -i N J N J N J J -1 O -1 N J J fA 0 O m a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �f+pl Z W) o to Lo W) b is N 10 N iD 1n 10 0 0 0 0 10 0 N D W C N y LL � +.1 d c hto A G. C O co Li 10 Date: August 11, 2003 To: Operations Committee From: Mayene Miller, Finance Division Director Subject: Consolidating Budget Adjustment Ordinance for Adjustments between January 1, 2003 and June 30, 2003 Authorization is requested to approve the gross consolidating budget adjustment ordinance totaling $15,851,033 for budget adjustments made between January 1, 2003 and June 30, 2003. This ordinance is primarily a housekeeping adjustment, consolidating individual budget items into one adjusting ordinance. Please note that $14,119,778 has been previously approved by Council in current or prior years, as reflected in Council minutes. $8,391,369 of this amount is for Street Capital projects, including a $5,003,250 TIB grant for the 220-228th Corridor and $1,551 ,270 in SEPA mitigation budgets. Also included is the budget for the Police Technology project as approved in Tech Plan 11. The balance of$1,731,255 that was not previously approved by Council needs to be approved to be in compliance with the State Auditor's requirements. Of this amount, $1,407,511 is for operations and $323,744 for capital projects as explained below Operating Adjustments - $1,407,511 • $691,407 citywide net reduction as a result of layoffs. Layoff salary reductions of $1,183,377 are partially offset by increases of$320,358 for related unemployment costs and $171,612 for severance packages. 33.98 FTE's were deleted. • $85,051 decrease, primarily due to several departmental one-time only reductions. • Health Insurance Fund increase of$1,001,808, as well as the insurance allocations from department budgets of$757,435 in the General Fund and $242,218 in other funds. The insurance fund portion and the department portion equal a $2,001,461 total increase. C $180,000 correcting transfer from the Central Services Fund to the Capital Improvement Fund. • $2,508 voluntary reallocation of councilmember salaries to Drinking Driver Task Force ($1,623) and Fire Defibrillator Unit ($885). No additional expenditures are involved; these are transfers to the respective programs. Capital Project Adjustments - $323,744 • $600,000 reduction to eliminate capital project budgets that were carried over in error. • Authorize the spending of additional project revenues received totaling $923,744: • 99,277 in Street Capital projects, including $94,076 of allocated interest and $5,201 for the sale of plans and maps. Primary projects include RTA Access Improvements, Kent Station, 196 h Corridor and 228'" Corridor. • $1,349 interest allocated to East Hill Park Expansion project. $15,644 interest allocated to Fire Apparatus Replacement project. • $82,770 allocated to Tech Plan I including 1,05 b3!pv-.r= trnsfrr_r!W ? .-- a _ from closed technology projects, $23,503 from the sale of outdated equipment and $8,231 in data processing services o $5,716 in Facilities projects, including $5,202 interest allocated to East Hill Facility Land project and $514 from the sale of plans and maps to City Hall Seismic Improvements. • $566,338 in Water projects, including $564,850 interest allocated to Tacoma Intertie and $1,488 from the sale of plans and maps to Corrosion Control and Well Head Protection. • $2,650 in Sewerage projects from the sale of maps and plans. • $150,000 in bond allocation for renovation projects. Also included is the recognition of.75 FTE Project Director one-year grant position previously approved in March as part of the Safe Havens grant and the increase of a Human Resource Manager from 90% to 100%, or a .10 FTE increase. The HR position does not require a monetary budget change as the cost is covered in other unexpended budget lines. Exhibit A shows the total adjustments by fund through June 30, 2003. Also attached is a detailed listing of these adjustments by fund, with Council authorization dates for the amounts previously approved. Council Action: Approve the consolidating budget adjustment ordinance for adjustments made between January 1, 2003 and June 30, 2003 totaling $15,851,033. Kent City Council Meeting Date September 2. 2003 Category Other Business 1. SUBJECT: QWEST CONDITIONAL USE APPEAL-CLOSED RECORD HEARING (#CE-2001-3) 2. SUMMARY STATEMENT: This is a closed record appeal hearing of the decision on remand of the hearing examiner approving a conditional use permit for Qwest. The Hearing Examiner's Decision on Remand was issued on May 10, 2002. 3. EXHIBITS: A complete copy of the Hearing Examiner's record, Appellants' request for appeal, and briefs received August 18, 2003, were provided to • Councilmembers 4. RECOMMENDED BY: Hearing Examiner (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 0.�.-a-..�,w� d e t�o r on I u •1 InQ to the Hearing Examiner'spay 10, 2002, . DISCUSSION: ACTION: Council Agenda Item No. 7A AAA- n-6 Kent City Council Meeting Date September 2, 2003 Category Bids 1. SUBJECT: PACIFIC HIGHWAY SOUTH HOV LANES— SOUTH PHASE— S. 272ND STREET TO S. 252ND STREET—JOINT UTILITY TRENCH 2. SUMMARY STATEMENT: The bid opening for this project was held on August 19, 2003 with three bids received. The low bid was submitted by Pilchuck Diversified Services in the amount of$1,136,744.30. The Engineer's estimate was $1,196,128.38. The Public Works Director recommends awarding this contract to Pilchuck Diversified Services. 3. EXHIBITS: Public Works Director's memorandum 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $1,136,744.30 SOURCE OF FUNDS: R90614 7. CITY COUNCIL ACTION: ,,pp �� Councilmember l�altA moves, Councilmember seconds that Pacific Highway South HOV Lanes— South Phase— S. 272nd St. to S. 252nd St. Joint Utility Trench contract be awarded to Pilchuck Diversified Services for the low bid amount of$1,136,744.30. DISCUSSION: _ ACTION: MC Council Agenda Item No. 8A PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director .40 Phone 253-856-5500 K E N T Fax 253-856-6500 11147 WASMINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: September 2, 2003 TO: Mayor White and Kent City Council FROM: Don Wickstrom, Public Works Director.d SUBJECT: Pacific Highway S HOV Lanes S 272nd — S 252 d Joint Utility Trench SUMMARY: Bid opening for this project was held on August 19 with three bids received. The lowest bid was submitted by Pilchuck Diversified Services in the amount of S1,136,744.30. The Engineer's estimate was $1,196,128.38. The Public Works Director recommends awarding this contract to Pilchuck Diversified Services. Bid Summary Pilchuck Diversified Services $1,136,744.30 Pivetta Brothers Construction, Inc $1,183,918.00 Frank Coluccio Consturction Co. $1,372,471 50 Engineer's Estimate $1,196,128.38 BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact MOTION: Councilmember moves, Councilmember seconds that the Pacific Highway S HOV Lanes S 272"d — S 252"d Joint Utility Trench contract be awarded to Pilchuck Diversified Services for the low bid amount of$1,136,744.30. Mayor White and Kent City Council Poe Hwy S HOV Lanes S 272nd—S 252n°Joint Utility Trench-Award Bid September 2,2003 1 Kent City Council Meeting Date September 2, 2003 Category Bids 1. SUBJECT: WATER TREATMENT CHEMICAL SUPPLY FOR 2003-2004- SODIUM FLUORIDE 2. SUMMARY STATEMENT: The bid opening for this project was held on August 18, 2003 with four bids received. The low bid was submitted by Cascade Columbia Distribution Company in the amount of$29,180.16. The Engineer's estimate was $30,000.00. The Public Works Director recommends awarding this contract to Cascade Columbia Distribution Company. 3. EXHIBITS: Public Works Director's memorandum 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $29,180.16 SOURCE OF FUNDS: Water Operating Funds 7. CITY COUNCIL ACTION: Councilmember t�,A4� moves, Councilmember seconds that the Water Treatment Chemical Supply for 2003-2004 Sodium Fluoride contract be awarded to Cascade Columbia Distribution Company for the low bid amount of $2%180.16. DISCUSSION: ACTION: ry� - Council Agenda Item No. 8B PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone 253-856-5500 Fax 253-856-6500 K E N T W A S H I N G T O N Address. 220 Fourth Avenue S. Kent,WA 98032-5895 DATE: September 2, 2003 TO: Mayor White and Kent City Council FROM: Don Wickstrom, Public Works Director CMV SUBJECT: Water Treatment Chemical Supply for 2003-2004 Sodium Fluoride, Bid Item#6 SUMMARY: Bid opening for this project was held on August 18, 2003 with four bids received. The lowest bid was submitted by Cascade Columbia Distribution Company in the amount of $29,180.16. The Engineer's estimate was $30,000.00. The Public Works Director recommends awarding this contract to Cascade Columbia Distribution Company. Bid Summary Cascade Columbia Distribution Company $29,180.16 Solvay Fluorides $29,212.80 Univar $31,987 20 JLM Industries, Inc. $39,168.00 Engineer's Estimate $30,000.00 BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact MOTION: Councilmember moves, Councilmember seconds that the Water Treatment Chemical Supply for 2003-2004 - Sodium Fluoride, Bid Item #6 contract be awarded to Cascade Columbia Distribution Company for the low bid amount of$29,180 16 Mayor White and Kent City Council Water Treatment Chemical Supply-Award Bid September 2,2003 1 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE l 4/ D. PUBLIC WORKS • E. PLANNING COMMITTEE LQJ Ut. �"��� C�n 3 F. PARKS COMMITTEE 4 G. ADMINISTRATIVE REPORTS ow afx REPORTS FROM SPECIAL COMMITTEES • CONTINUED COMMUNICATIONS A. EXECUTIVE SESSION A) Pending Litigation B) Land Acquisition • ACTION AFTER EXECUTIVE SESSION A)