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Home My WebLink AboutCity Council Meeting - Council - Agenda - 06/01/2004 i i AGENDA t City of Kent CityCouncil Meeting Agenda T June 1 , 2004 Mayor Jim White Julie Peterson, Council President Councilmem,bers r Tim Clark Debbie Raplee Ron Harmon Les Thomas i Bruce White Deborah Ranniger KENT WASHINGTON City Clerk's Office 0#^ SUMMARY AGENDA KENT CITY COUNCIL MEETING • KENT June 1, 2004 W A S H I N O T O N Council Chambers 7:00 p.m. MAYOR: Jim White COUNCILMEMBERS: Julie Peterson,President Tim Clark Ron Harmon Deborah Ranniger Debbie Raplee Les Thomas Bruce White ********************************************************************************* 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. King County Library Presentation B. Public Works Washington Quality Award C. Fire Department Accreditation Recommendation D. Employee of the Month Presentation 0 . Pe ttci (," 'cSL 5. PUBLIC HEARINGS U None 6. CONSENT CALENDAR A. Minutes of Previous Meeting —Approve B. Pa ent of Bills—Approve C. es ution in Support of 105 Building Long Term Lease with Burlington Northern Railroad—Adopt 40 71 D. Ordi ance U i ng Criminal Codes—Adopt E. mergenc Ord' ance Regarding Recreational Vessel Regulations RCW ,41nendments—Adopt F. Res lution Regarding Fireworks—Adopt I (01 p � S. 228`h Street Extension—Freight Mobility Strategic Investment Board Grant— d� Authorize and Amend Budget H. S. 228`h Street Extension—Public Works Trust Fund Loan— Authorize I. Soos Creek Water and Sewer Interlocal Agreement Regarding Meridian Valley Creek Realignment—Authorize J. Millennium Elementary School Latecomers Agreement—Authorize K. Cable Television Conduits, Street Crossing and Mainline Distribution Conduits Or ance—Adopt 2004 Comprehensive Plan Update—Adopt Burrows Replat—Approve N. Washington State Department of Natural Resources Grant for Glenn Nelson Park Forest Plan Planting—Accept and Amend Budget O. Interagency Committee for Outdoor Recreation Grant for Kent Memorial Park— Accept and Amend Budget (continued next page) SUMMARY AGENDA CONTINUED P. Interagency Committee for Outdoor Recreation Grant for Glenn Nelson Improvements—Accept and Amend Budget Q. Interagency Committee for Outdoor Recreation Grant for Uplands Playfield Maintenance—Accept and Amend Budget R. Re lution for Grant Application to the Interagency Committee for Outdoor Recreation for East Hill Skate Park Development—Adopt 1679 7. OTHER BUSINESS None 8 a✓ BIDS Kent Golf Par 3 Clubhouse Roof—Award ( B. Pacific Highway South Storm Drainage Improvements, South 268`h Street to South v 252°a Street—Award C Pump Station 5 Generator Upgrade—Award D. Upper Meridian Valley Creek Improvements—Award 9. REPORTS FROM STANDING COMMITTEES AND STAFF 10. REPORTS FROM SPECIAL COMMITTEES JJ � _"// c�,� 11. CONTINUED COMMUNICATIONS �• I'�v�(r !+'1 12. EXECUTIVE SESSION 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) KING COUNTY LIBRARY PRESENTATION B) PUBLIC WORKS WASHINGTON QUALITY AWARD C) FIRE DEPARTMENT ACCREDITATION RECOMMENDATION D) EMPLOYEE OF THE MONTH PRESENTATION f CONSENT CALENDAR 6. City Council Action: Councilmember Pxttmm moves, Councilmember seconds to approve Consent Calendar Items A through R. Discussion Action - 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of May 18, 2004. 6B. Approval of Bills. Approval of payment of the bills received through May 14 and paid on May 14 after auditing by the Operations Committee on May 18, 2004. Approval of checks issued for vouchers: Date Check Numbers Amount 5/14/04 Wire Transfers 1699-1714 $11306,191.45 5/14/04 Prepays & 562762 819,818.44 5/14/04 Regular 563307 832,127.25 $22958,137.14 Council Agenda Item No. 6 A-B KENT Kent City Council Meeting WASHINGTON May 18, 2004 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Pro Tem Peterson. Councilmembers present: Clark, Harmon, Ranniger,Raplee, Thomas and White. (CFN-198) CHANGES TO AGENDA B. From Council,Administration, or Staff. (CFN-198) CAO Martin noted the addition of Executive Session Item A. PUBLIC COMMUNICATIONS A. Economic Update. (CFN-198) Torgelson gave a brief update regarding ground breaking for Kent Station and for the bridge over the Green River at 228th St. CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through B. White seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of May 4, 2004 were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through April 30 and paid on April 30 after auditing by the Operations Committee on May 5, 2004 was approved. Approval of c u pp becks issued for vouchers: Date Check Numbers Amount 4/30/04 Wire Transfers 1685-1698 $1,135,236.27 4/30/04 Prepays & 562257 780,759.47 4/30/04 Regular 562761 2,354,547.33 $4,270,543.07 Approval of checks issued for payroll for April 16 through April 30 and paid on May 5, 2004: Date Check Numbers Amount 5/5/04 Advices 163345-164002 $1,166,832.74 5/5/04 Interim Checks 276749 5/5/04 Checks 277071 228,033.80 $1,394,866.54 BIDS A. Historical Museum Re-roof. (CFN-120) The bid opening was held on May 7, 2004 with five bids received. The apparent low bid was submitted by Diamaco in the amount of$42,253.57, including Washington State Sales Tax(WSST). CLARK MOVED that the Mayor be authorized to enter into an agreement with Diamaco in the amount of$42,253.57 to complete the roof and chimney repairs on the Kent Historical Museum. White seconded and the motion carried. 1 Kent City Council Meeting Date June 1, 2004 Category Consent Calendar 1. SUBJECT: RESOLUTION IN SUPPORT OF 105 BUILDING LONG TERM LEASE WITH BURLINGTON NORTHERN RAILROAD—ADOPT 2. SUMMARY STATEMENT: Adoption of Resolution No. which requests the support and cooperation of the Burlington Northern Santa Fe Railway Company in extending a long-term lease for the 105 Building. Don Shaffer is considering donating the 105 Building to the Kent Parks Foundation. However, while Mr. Shaffer owns the building, he does not own the property upon which the building rests. The real property is leased by Mr. Shaffer from the Burlington Northern Santa Fe Railway Company on a month-to-month basis. In the event the 105 building is donated to the Kent Parks Foundation, it is the City's request that the railway extend the current short-term lease to a long-term lease. 3. EXHIBITS: Resolution and Mike Martin's Memorandum to the Operations Committee 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount$ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C 15 OFFICE OF THE MAYOR j„ Jim White, Mayor Phone.253-656-5700 Fax: 253-856-6700 K E N T Address. 220 Fourth Avenue S. WASNINOTON Kent,WA.96032-5895 May 18,2004 To: Operations Committee From: Mike Martin, CAO Regarding: Resolution in Support of the Donation of the 105 Building to the Kent Parks Foundation MOTION: I move to recommend the City Council adopt the proposed resolution requesting the Burlington Northern and Santa Fe Railway Company extend its month-to-month ground lease to a long- term ground lease for the 105 Building in the event the building owner donates the building to the Kent Parks Foundation. SUMMARY: The Kent Parks Foundation is currently in discussions with Don Shaffer, the owner of the building commonly known as the 105 Building, which is located at the corner of Smith and I" Avenue in downtown Kent. Mr. Shaffer is considering donating this building to the Kent Parks Foundation. If the property is donated, the Kent Parks Foundation would hope to revitalize the 1 property for the benefit of our downtown parks and historic area. While the building owner owns the building, he does not own the property on which the building rests. The land is owned by the Burlington Northern and Santa Fe Railway Company and is leased to the building owner based upon a month-to-month lease. Donation of the building, however, only becomes a good idea for the Kent Parks Foundation if a long term ground lease can be obtained from the Burlington Northern and Santa Fe Railway Company. The building owner and the Kent Parks Foundation are pursuing this discussion with Burlington Northern and Santa Fe Railway Company and are requesting the City Council's assistance in the form of a resolution. We have drafted the attached resolution on this topic for your consideration. BUDGET IMPACT: None. r r r r RESOLUTION NO. r A RESOLUTION of the City Council of the City of Kent, Washington, requesting the support and cooperation of the Burlington Northern and Santa Fe Railway Company in extending a long-term lease for real property located in downtown Kent currently under consideration for donation to the City. 1 RECITALS A. For more than 100 years, downtown Kent has been home to the property commonly referred to as the "105 Building," which is located at the northeast corner of lst Avenue North and West Smith St. 1 B. The 105 Building is privately owned by Don Shaffer. However, the building was constructed on land owned by the Burlington Northern and Santa Fe Railway Company by Mr. Shaffer's Great-Grandfather in approximately 1895, and may be the oldest standing structure in Kent. C. Mr. Shaffer is considering donating the 105 Building to the Kent Parks Foundation, which would represent a significant gift to the foundation valued at approximately $500,000. 1 1 Shaffer 105 Building-Request Burlington Northern Lease Extension r D. It is the City's hope that the 105 Building could, upon donation, be revitalized, thus improving this location near our downtown parks and historic area. The revitalization of this space would benefit the Kent community. E. The Kent City Council supports Mr. Shaffer's donation of the 105 Building to the Kent Parks Foundation. F. One hindrance with this donation and the City's future vision is that Mr. Shaffer has a month-to-month ground lease with the Burlington Northern and Santa Fe Railway Company. If this lease is not extended to a longer term, this transaction would likely become infeasible. The City understands that the railway company has a policy of requiring such short term leases in these situations. However, the City j Council, through this resolution, requests that the Burlington Northern and Santa Fe Railway Company consider extending to the City a long-term land lease so that in may continue with the anticipated donation. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Lease Extension.. The City Council of the City of Kent respectfully requests, on behalf of our community, that the Burlington Northern and Santa Fe Railway Company extend its month-to-month ground lease to a long-term ground lease for the 105 Building property in the event the building is donated to the Kent Parks Foundation for the benefit of the Kent community. SECTION Z - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any 2 Shaffer 105 Building-Request Burlington Northern Lease Extension 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 June, 2004. f CONCURRED in by the Mayor of the City of Kent this day of June, 2004. JIM WHITE,MAYOR ATTEST: BRENDA JACOBER,CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER,CITY ATTORNEY 3 Shaffer 105 Building-Request Burlington Northern Lease Extension I hereby certify that this is a true and correct copy of Resolution No. r passed by the City Council of the City of Kent, Washington,the day of June,2004. r BRENDA JACOBER, CITY CLERK rrnrwesownaussn.rte a.ngw.rvnn.n.E.m.mw� r r r r r r r r r r r 4 Shaffer 105 Building-Request Burlington Northern Lease Extension Kent City Council Meeting Date June 1, 2004 Category Consent Calendar 1. SUBJECT: ORDINANCE UPDATING CRIMINAL CODES —ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. amending Ch. 9.02 of the Kent City Code to update the reference to various criminal state laws in the Revised Code of Washington and to adopt three additional laws by reference relating to sex offender registration, the duties of trustees in lawsuits, and cyberstalking. In October 2002, the City Council enacted Ordinance No. 3621 which adopted by reference a number of state laws regarding criminal activity which are set forth in the Revised Code of Washington ("RCW'). The state Legislature recently amended the RCWs in order to renumber some of the provisions and to combine some penalty provisions with the code provisions to which those penalties relate. In addition to those housekeeping amendments, the state Legislature also adopted three additional misdemeanor provisions that require the City's adoption. These provisions relate to violations of the requirement of sex offenders to register their addresses when the underlying sex offense was a misdemeanor, violations relating to the duties of trustees in lawsuits, and violations relating to cyberstalking. t3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D 1 r r ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.02 of the Kent City Code, entitled "Criminal Code," in order to update the reference to state statutes the City has adopted by reference from the Revised Code of Washington into the Kent City Code due to recent legislative amendments that take effect July 1, 2004, and adopting two additional state laws by reference relating to registration requirements of sex offenders and the duties of trustees. r RECITALS A. The City's criminal code, as set forth in Chapter 9.02 of the Kent City Code, adopts by reference various criminal provisions of the Revised Code of Washington ("RCW"). B. Generally, when the state amends sections of the RCW that Kent has adopted by reference, the City must amend its criminal code so that it is consistent with the RCW. C. During the 2004 legislative session, numerous criminal provisions were amended by changing the code numbers of the provisions or by combining penalty sections with the code provisions to which the penalty relates. These amendments take effect July 1, 2004. 1 Criminal Code-2004 Amendment D. In addition to the general housekeeping amendments, the City Council has determined that it would serve the public health, safety, and welfare to adopt RCW 9A.44.130 relating to violations of the requirement of sex offenders to register their addresses with the county sheriff if the underlying sex offense was a misdemeanor and to adopt RCW 9A.82.160 relating to the duties of trustees in lawsuits. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION L — Amendment. The following new section 9.02.025, entitled "Session laws not yet codified," is added to the Kent City Code: Sec. 9.02.025. Session laws not yet codified. As the Washington State Legislature adopts new laws, those new laws occasionally become effective before the state's Office of the Code Reviser is able to codify those new laws into the RCW. Accordingly, the following session laws, as currently enacted or as later amended or codified, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. Laws of 2004, Ch. 94 § 1 Cyberstalking. SECTION 2. — Amendment. Section 9.02.060 of the Kent City Code, entitled "Title 9 RCW, entitled `Crimes and Punishments' — Adoption by reference," is amended as follows: Sec. 9.02.060. Title 9 RCW, entitled "Crimes and Punishments" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. 2 Criminal Code-2004 Amendment 1 r RCW 9.01.055 Citizen immunity if aiding officer, scope -When. RCW 9.01.110 Omission,when not punishable. r RCW 9.01.130 Sending letter, when complete. RCW 9.02.050 Concealing birth. RCW 9.03.010 Abandoning, discarding refrigeration equipment. RCW 9.03.020 Permitting unused equipment to remain on premises. RCW 9.03.040 Keeping or storing equipment for sale. RCW 9.04.010 False advertising. RCW 9.04.090 Advertising fuel prices by service stations. RCW 9.08.030 False certificate of registration of animals — False representation as to breed. RCW 9.08.065 Definitions. RCW 9.08.070 Pet animals — Taking, concealing, injuring, killing, etc. — Penalty. RCW 9 08 072 Transferringst olen pet animal to a research institution—Penalty. RCW 9 08 078 Illegal sale receipt or transfer of pet animals - Separate offenses. RCW 9.12.010 Barratry. RCW 9.12.020 Buying, demanding, or promising reward by district judge or deputy. 1 RCW 9.16.005 Definitions. RCW 9.16.010 Removing lawful brands. RCW 9.16.020 Imitating lawful brand. RCW 9.16.030 Counterfeit mark—Intellectual property. RCW 9.16.035 Counterfeiting-Penalties. RCW 9.16.041 Counterfeit items - Seizure and forfeiture. RCW 9.16.050 When deemed affixed. RCW 9.16.060 Fraudulent registration of trademark. RCW 9.16.070 Form and similitude defined. RCW 9.16.080 Petroleum products improperly labeled or graded. RCW 9.16.100 Use of the words "sterling silver," etc. ' RCW 9.16.110 Use of words "coin silver," etc. RCW 9.16.120 Use of the word "sterling" on mounting. RCW 9,16.130 Use of the words "coin silver" on mounting. RCW 9.16.140 Unlawfully marking article made of gold. RCW 9.16.150 "Marked, stamped or branded"defined. r3 Criminal Code-2004 Amendment r r r RCW 9.18.080 Offender a competent witness. RCW 9.18.120 Suppression of competitive bidding. RCW 9.18.130 Collusion to prevent competitive bidding. nC—W 9.1° inn Po*ak RCW 9.18.150 Agreements outside state. RCW 9.24.010 Fraud in stock subscription. RCW 9.24.040 Corporation doing business without license. RCW 9.26A.090 Telephone company credit cards—Prohibited acts. RCW 9.26A.100 Definitions. RCW 9.26A.110 Fraud in obtaining telecommunications service—Penalty. RCW 9.26A.120 Fraud in operating coin-box telephone or other receptacle. RCW 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin. RCW 9.27.015 Interference, obstruction of any court,building,or residence— , Violations. RCW 9.35.030 Soliciting undesired mail. RCW 9.38.010 False representation concerning credit. RCW 9.39.015 False statement by deposit account applicant. RCW 9.38.020 False representation concerning title. RCW 9.40.040 Operating engine or boiler without spark arrester. r RCW 9.40.100 Tampering with fire alarm or fire fighting equipment — False alarm—Penalties. RCW 9.41.010 Terms defined. RCW 9.41.040 Unlawful possession of firearms - Ownership, possession by certain persons -Penal RCW 9.41.050 Carrying firearms. RCW 9.41.060 Exceptions to restrictions on carrying firearms. RCW 9.41.090 Dealer deliveries regulated—Hold on delivery. RCW 9.41.100 Dealer licensing and registration required. RCW 9.41.110 Dealer's licenses, by whom granted, conditions, fees - Employees, fingerprinting and background checks - Wholesale sales excepted—Permits prohibited. RCW 9.41.140 Alteration of identifying marks—Exceptions. RCW 9.41.220 Unlawful firearms and parts contraband. RCW 9.41.230 Aiming or discharging firearms, dangerous weapons. RCW 9.41.240 Possession of pistol by person from eighteen to twenty-one. RCW 9.41.250 Dangerous weapons—Penalty. RCW 9.41.260 Dangerous exhibitions. 4 Criminal Code-2004 Amendment r r RCW 9.41.270 Weapons apparently capable of producing bodily harm — Unlawful carrying or handling—Penalty—Exceptions. RCW 9.41.280 Possessing dangerous weapons on school facilities — Penalty — Exceptions. RCW 9.41.300 Weapons prohibited in certain places — Local laws and ordinances—Exceptions—Penalty. RCW 9.41.800 Surrender of weapons or licenses - Prohibition on future possession or licensing. RCW 9.41.810 Penalty. rRCW 9.44.080 Misconduct in signing a petition. RCW 9.45.060 Encumbered, leased, or rented personal property—Construction. RCW 9.45.070 Mock auctions. RCW 9.45.080 Fraudulent removal of property. r RCW 9.45.090 Knowingly receiving fraudulent conveyance. RCW 9.45.100 Fraud in assignment for benefit of creditors. RCW 9.46.196 Cheating. RCW 9.47A.010 Definition. r RCW 9.47A.020 Unlawful inhalation—Exception. RCW 9.47A.030 Possession of certain substances prohibited, when. RCW 9.47A.040 Sale of certain substances prohibited, when. rRCW 9.47A.050 Penalty. RCW 9.51.010 Misconduct of officer drawing jury. 1 RCW 9.51.020 Soliciting jury duty. RCW 9.51.030 Misconduct of officer in charge of jury. RCW 9.61.230 Telephone harassment. RCW 9.61.240 Telephone harassment—Permitting telephone to be used. RCW 9.61.250 Telephone harassment—Offense, where deemed committed. RCW 9.62.010 Malicious prosecution. RCW 9.62.020 Instituting suit in name of another. RCW 9.66.010 Public nuisance. RCW 9.66.020 Unequal damage. RCW 9.66.030 Maintaining or permitting nuisance. RCW 9.66.040 Abatement of nuisance. rRCW 9.66.050 Deposit of unwholesome substance. RCW 9.68.015 Obscene literature, shows, etc. - Exemptions. r RCW 9.68.030 Indecent articles, etc. 5 Criminal Code-2004 Amendment RCW 9.68.050 "Erotic material' - Definitions. RCW 9.68.060 "Erotic material' — Determination by court — Labeling - Penalties. RCW 9.68.070 Prosecution for violation of RCW 9.68.060 - Defense. RCW 9.68.080 Unlawful acts. RCW 9.68.100 Exceptions to RCW 9.68.050 through 9.68.120. RCW 9.68.010 Motion picture operator or projectionist exempt, when. RCW 9.68.130 "Sexually explicit material'-Defined—Unlawful display. L RCW 9.68A.01 I Definitions. RCW 9.68A.080 Processors of depictions of minor engaged in sexually explicit conduct—Report required. RCW 9.68A.090 Communication with minor for immoral purposes. RCW 9.68A.I 10 Certain defenses barred,permitted. RCW 9.68A.120 Seizure and forfeiture of property. 1RGW 9.68A.140 De€init-iens. RCW 9.68A.150 Allowing minor on premises of live erotic performance— Definitions—Penal RGW 9.68A.160 Penaltr RCW 9.69.100 Duty of witness of offense against child or any violent offense- Penalty. RCW 9.72.090 Committal of witness - Detention of documents. RCW 9.73.010 Divulging telegram. RCW 9.73.020 Opening sealed letter. RCW 9.73.030 Intercepting, recording or divulging private communication — Consent required—Exceptions. RCW 9.73.050 Admissibility of intercepted communication in evidence. RCW 9,73.070 Persons and activities excepted from chapter. RCW 9.73.080 Penalties. RCW 9.73.090 Certain emergency response personnel exempted from RCW 9.73.030 through RCW 9.73.080 — Standards — Court authorizations -Admissibility. RCW 9.73.100 Recordings available to defense counsel. RCW 9.73.110 Intercepting, recording, or disclosing private communications - Not unlawful for building owner—Conditions RCW 9.91.010 Denial of civil rights - Terms defined. j RCW 9.91.020 Operating railroad, steamboat,vehicle, etc., while intoxicated. RCW 9.91.025 Unlawful bus conduct. RCW 9.91.060 Leaving children unattended in a parked automobile. RCW 9.91.140 Food stamps. RCW 9.91.142 Food stamps—Trafficking_ 6 Criminal Code-2004 Amendment RCW 9.91.160 Personal protection spray devices. RCW 9.91.170 Interfering with dog guide or service animal. SECTION 3. — Amendment. Section 9.02.070 of the Kent City Code, entitled "Title 9A RCW, entitled `Washington Criminal Code' — Adoption by reference," is ' amended as follows: Sec. 9.02.070. Title 9A RCW, entitled `Washington Criminal Code" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 9A.04.020 Purposes - Principles of construction. RCW 9A.04.030 State criminal jurisdiction. RCW 9A.04.050 People capable of committing crimes - Capability of children. RCW 9A.04.060 Common law to supplement statute. RCW 9A.04.070 Who amenable to criminal statutes. RCW 9A.04.080 Limitation of actions. RCW 9A.04.090 Application of general provisions of the code. RCW 9A.04.100 Proof beyond a reasonable doubt. RCW 9A.04.110 Definitions. RCW 9A.08.010 General requirements of culpability. RCW 9A.08.020 Liability for conduct of another- Complicity. RCW 9A.08.030 Corporate and personal liability. RCW 9A.12.010 Insanity. RCW 9A.16.010 Definitions. RCW 9A.16.020 Use of force - When lawful. RCW 9A.16.060 Duress. RCW 9A.16.070 Entrapment. RCW 9A.16.080 Action for being detained on mercantile establishment premises for investigation - "Reasonable grounds" as defense. RCW 9A.16.090 Intoxication RCW 9A.16.100 Use of force on children—Policy-Actions presumed unreasonable. r 1 7 Criminal Code-2004 Amendment RCW 9A.28.020 Criminal attempt. RCW 9A.28.030 Criminal solicitation. RCW 9A.28.040 Criminal conspiracy. RCW 9A.36.041 Assault in the fourth degree. RCW 9A.36.050 Reckless endangerment. RCW 9A.36.070 Coercion. RCW 9A.36.150 Interfering with the reporting of domestic violence. RCW 9A.40.010 Definitions. RCW 9A.40.070 Custodial interference in the second degree. RCW 9A.40.080 Custodial interference — Assessment of costs — Defense — Consent defense, restricted. RCW 9A.42.010 Definitions. RCW 9A.42.035 Criminal mistreatment in the third degree. RCW 9A.42.040 Withdrawal of life support systems. RCW 9A.42.045 Palliative care. RCW 9A.42.050 Defense of financial inability. RCW 9A.42.080 Abandonment of a dependent person in the third degree. , RCW 9A.42.090 Abandonment of a dependent person—Defense. RCW 9A.44.010 Definitions. RCW 9A.44.096 Sexual misconduct with a minor in the second degree. RCW 9A 44 130 Registration of sex offenders and kidnapping offenders — Procedures—Definition—Penalties. RCW 9A.46.010 Legislative finding. RCW 9A.46.020 Definition—Penalties. RCW 9A.46.030 Place where committed. RCW 9A.46.040 Court-ordered requirements upon person charged with crime— Violation. RCW 9A.46.050 Arraignment—No contact order. RCW 9A.46.060 Crimes included in harassment. RCW 9A.46.070 Enforcement of orders restricting contact. RCW 9A.46.080 Order restricting contact—Violation. RCW 9A.46.090 Nonliability of peace officer. RCW 9A.46.100 "Convicted," time when. RCW 9A.46.110 Stalking. RCW 9A.48.010 Definitions. RCW 9A.48.050 Reckless burning in the second degree. RCW 9A.48.060 Reckless burning—Defense. ' 9 Criminal Code-2004 Amendment RCW 9A.48.090 Malicious mischief in the third degree. RCW 9A.48.100 Malicious mischief—"Physical damage" defined. RCW 9A.48.110 Defacing a state monument. ' RCW 9A.49.001 Findings. RCW 9A.49.010 Definitions. RCW 9A.49.030 Unlawful discharge of a laser in the second degree. RCW 9A.49.040 Civil infraction, when. RCW 9A.49.050 Exclusions. ' RCW 9A.50.010 Definitions. RCW 9A.50.020 Interference with health care facility. 1 RCW 9A.50.030 Penalty. RCW 9A.52.010 Definitions. RCW 9A.52.050 Other crime in committing burglary punishable. RCW 9A.52.060 Making or having burglar tools. RCW 9A.52.070 Criminal trespass in the first degree. RCW 9A.52.080 Criminal trespass in the second degree. RCW 9A.52.090 Criminal trespass—Defenses. RCW 9A.52.100 Vehicle prowling in the second degree. RCW 9A.52.120 Computer trespass in the second degree. RCW 9A.52.130 Computer trespass—Commission of other crime. RCW 9A.56.010 Definitions. RCW 9A.56.020 Theft—Definition, defense. RCW 9A.56.050 Theft in the third degree. 1 RCW 9A.56.060 Unlawful issuance of checks or drafts. RCW 9A.56.096 Theft of rental, leased, or lease-purchased property. RCW 9A.56.140 Possessing stolen property—Definition—Presumption. RCW 9A.56.170 Possessing property in the third degree. RCW 9A.56.180 Obscuring the identity of a machine. RCW 9A.56.220 Theft of subscription television services. RCW 9A.56.240 Forfeiture and disposal of device used to commit violation. RCW 9A.56.260 Connection of channel converter. RCW 9A.56.270 Shopping cart theft. RCW 9A.60.010 Definitions. RGW 9A.60.040 Criminal imper-senativir. RCW 9A.60.045 Criminal impersonation in the second degree. RCW 9A.60.050 False certification. RCW 9A.61.010 Definitions. RCW 9A.61.020 Defrauding a public utility. 9 Criminal Code-2004 Amendment RCW 9A.61.050 Defrauding a public utility in the third degree. RCW 9A.61.060 Restitution and costs. RCW 9A.72.010 Definitions. RCW 9A.72.040 False swearing. RCW 9A.72.050 Perjury and false swearing—Inconsistent statements—Degree of crime. RCW 9A.72.060 Perjury and false swearing—Retraction. RCW 9A.72.070 Perjury and false swearing—Irregularities no defense. RCW 9A.72.080 Statement of what one does not know to be true. RCW 9A.72.085 Unworn statements, certification. RCW 9A.72.140 Jury tampering. RCW 9A.72.150 Tampering with physical evidence. RCW 9A.76.010 Definitions. RCW 9A.76.030 Refusing to summon aid for a peace officer. RCW 9A.76.040 Resisting arrest. RCW 9A.76.050 Rendering criminal assistance—Definition of term. RCW 9A.76.060 Relative defined. RCW 9A.76.070 Rendering criminal assistance in the first degree. RCW 9A.76.080 Rendering criminal assistance in the second degree. RCW 9A.76.090 Rendering criminal assistance in the third degree. RCW 9A.76.100 Compounding. RCW 9A.76.160 Introducing contraband in the third degree. RCW 9A.76.170 Bail jumping. RCW 9A.76.175 Making a false or misleading statement to a public servant. RCW 9A.80.010 Official misconduct. r RCW 9A 82 160 Criminal profiteering lien - Trustee's failure to comply, evasion , of procedures or lien. RCW 9A.84.010 Riot. RCW 9A.84.020 Failure to disperse. RCW 9A.84.040 False reporting. RCW 9A.88.010 Indecent exposure. , RCW 9A.88.030 Prostitution. RCW 9A.88.050 Prostitution—Sex of parties immaterial—No defense. , RCW 9A.88.090 Permitting prostitution. RCW 9A.88.110 Patronizing a prostitute. RCW 9A.88.120 Additional fee assessments. RCW 9A.88.130 Additional requirements. RCW 9A.88.140 Vehicle impoundment. ' 10 Criminal Code-2004 Amendment 1 SECTION 4. —Amendment. Section 9.02.100 of the Kent City Code, entitled "Ch. 16.52 RCW, entitled `Prevention of Cruelty to Animals' — Adoption by ' reference,"is amended as follows: ' Sec. 9.02.100. Ch. 16.52 RCW, entitled "Prevention of Cruelty to Animals" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by 1 reference and shall be given the same force and effect as if set forth herein in full. RCW 16.52.011 Definitions—Principles of liability. RCW 16.52.015 Enforcement—Law enforcement agencies and animal care and control agencies. RCW 16.52.080 Transporting or confining in unsafe manner—Penalty. RCW 16.52.085 Removal of animals for feeding—Examination—Notice— Euthanasia. RCW 16.52.090 Docking horses—Misdemeanor. RCW 16.52.095 Cutting ears—Misdemeanor. RCW 16.52.100 Confinement without food and water—Intervention by others. ' RCW 16.52.117 Animal fighting—Owners, trainers, spectators—Exceptions. RCW 16.52.165 Punishment- Conviction of misdemeanor. RCW 16.52.190 Poisoning animals -Penal . 1 RGW 16,52.195 Poisoning animals Penah�-. RCW 16.52.200 Sentences—Forfeiture of animals—Liability for costs- Civil penalty—Education, counseling. RCW 16.52.207 Animal cruelty in the second degree. RCW 16.52.210 Destruction of animal by law enforcement officer — Immunity from liability. RCW 16.52.300 Dogs or cats used as bait—Seizure—Limitation. SECTION S. —Amendment. Section 9.02.130 of the Kent City Code, entitled "Ch. 28A.635 RCW, entitled `Offenses Relating to School Property and Personnel' — Adoption by reference," is amended as follows: ' Sec. 9.02.130. Ch. 28A.635 RCW, entitled "Offenses Relating to School Property and Personnel" -Adoption by reference. The following RCW sections, as ' currently enacted or as hereafter amended or recodified from time to time, are hereby 11 Criminal Code-2004 Amendment adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 28A.635.020 Willfully disobeying school administrative personnel or refusing to leave public property, violations, when—Penalty. RCW 28A.635.040 Examination questions—Disclosing—Penalty. RCW 28A.635.050 Certain corrupt practices of school officials - Penalty. 1 RCW 28A.635.090 Interference by force or violence—Penalty. RCW 28A.635.100 Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawful - Penalty. RCW 28A.635.110 Violations under RCW 28A.635.090 and RCW 28A.635.100 — Disciplinary authority exception. ntx128A.633.120 Viel-atiens under PICA' 28A.633:99��EA' 28�35.100 1Tr�t• Penalty. SECTION 6. —Amendment. Section 9.02.140 of the Kent City Code, entitled "Title 66 RCW, entitled `Alcoholic Beverage Control' — Adoption by reference," is , amended as follows: Sec. 9.02.140. Title 66 RCW, entitled "Alcoholic Beverage Control"- Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. , RCW 66.04.010 Definitions. RCW 66.12.010 Wine or beer manufactured for home use. RCW 66.28.200 Keg registration - Special endorsement for grocery store licensee - Requirements of seller. RCW 66.28.210 Keg registration -Requirements of purchaser. RCW 66.28.220 Keg registration - Identification of containers - Rules - Fees - Sale in violation of rules unlawful. RCW 66.28.230 Keg registration—Furnishing to minors -Penalties. RCW 66.28.250 Keg registration—Violation constitutes gross misdemeanor. RCW 66.44.010 Local officers to enforce law - Authority of board - Liquor ' enforcement officers. 12 Criminal Code-2004 Amendment RCW 66.44.040 Sufficiency of description of offenses in complaints, informations,process, etc. RCW 66.44.060 Proof of unlawful sale establishes prima facie intent. RCW 66.44.070 Certified analysis is prima facie evidence of alcoholic content. RCW 66.44.080 Service of process on corporation. RCW 66.44.090 Acting without license. RCW 66.44.100 Opening or consuming liquor in a public place—Penalty. RCW 66.44.120 Unlawful use of seal. RCW 66.44.130 Sales of liquor by drink or bottle. 1 RCW 66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal - Unlawful operation,possession of still or mash. RCW 66.44.150 Buying liquor illegally. RCW 66.44.160 Illegal possession, transportation of alcoholic beverages. RCW 66.44.170 Illegal possession of liquor with intent to sell - Prima facie evidence, what is. ' RCW 66.44.175 Violations of law. RCW 66.44.180 General penalties—Jurisdiction for violations. RCW 66.44.200 Sales to persons apparently under the influence of liquor- ' Purchases or consumption by persons apparently under the influence of liquor on licensed premises -Penalty -Notice - Separation of actions. RCW 66.44.210 Obtaining liquor for ineligible person. RCW 66.44.240 Drinking in public conveyance—Penalty against carrier— Exception. i RCW 66.44.250 Drinking in public conveyance — Penalty against individual — Restricted application. RCW 66.44.270 Furnishing liquor to minors — Possession, use — Exhibition of effects—Exceptions. RCW 66.44.280 Minor applying for permit. RCW 66.44.290 Minor purchasing or attempting to purchase liquor—Penalty. RCW 66.44.291 Minor purchasing or attempting to purchase liquor — Penalty against persons between ages of eighteen and twenty, inclusive. RCW 66.44.300 Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least twenty-one, in public place where liquor sold. RCW 66.44.310 Minors frequenting off-limits area — Misrepresentation of age — Penalty—Classification of licensees. RCW 66.44.316 Certain persons eighteen years and over permitted to enter and remain upon licensed premises during employment. RCW 66.44.318 Employees aged eighteen to twenty-one stocking, ' merchandising, and handling beer and wine. RCW 66.44.325 Unlawful transfer to a minor of an identification of age. ' 13 Criminal Code-2004 Amendment RCW 66.44.328 Preparation or acquisition and supply to persons under age twenty-one of facsimile of official identification card—Penalty. RCW 66.44.340 Employees eighteen years and over allowed to sell and handle beer and wine for certain licensed employers. RCW 66.44.350 Employees eighteen years and over allowed to serve and carry liquor, clean up, etc., for certain licensed employers. RCW 66.44.370 Resisting or opposing officers in enforcement of title. SECTION 7. —Amendment. Section 9.02.150 of the Kent City Code, entitled "Title 69 RCW, entitled `Food, Drugs, Cosmetics, and Poisons' — Adoption by reference,"is amended as follows: Sec. 9.02.150. Title 69 RCW, entitled "Food, Drugs, Cosmetics, and Poisons" - Adoption by reference. The following RCW sections, as currently , enacted or as hereafter amended or recodified from time to time, are hereby adopted by ' reference and shall be given the same force and effect as if set forth herein in full. RCW 69.41.010 Definitions. RCW 69.41.030 Sale, delivery, or possession of legend drug without prescription or order prohibited—Exceptions - Penal , RCW 69.41.050 Labeling requirements. nRCW 6 n79.41.060 Search and seizure. 2cGW 9.41.-v70 Penalties, RCW 69.41.072 Violations of chapter 69.50 RCW not to be charged under chapter 69.41 RCW—Exception. RCW 69.41.320 Practitioners—Restricted use—Medical records. RCW 69.41.350 Penalties. RCW 69.43.010 Report to state board of pharmacy-List of substances- ' Modification of list-Identification of purchasers-Report of transactions-Penalties. RCW 69.43.020 Receipt of substance from source outside state-Report-Penalty. , RCW 69.43.030 Exemptions. RCW 69.43.035 Suspicious transactions-Report-Penalty. RCW 69.43.040 Reporting form. RCW 69.43.043 Recordkeeping requirements-Penalty. RCW 69.43.048 Reporting and recordkeeping requirements-Submission of computer readable data, copies of federal reports. , RCW 69.43.090 Permit to sell, transfer, furnish, or receive substance- Exemptions-Application for permit-Fee-Renewal-Penalty. 14 Criminal Code-2004 Amendment ' RCW 69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine-Sales restrictions-Penalty. RCW 69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine-Possession of more than fifteen grams-Penalty-Exceptions. RCW 69.43.130 Exemptions-Pediatric products-Products exempted by the state board of pharmacy. ' RCW 69.50.101 Definitions. RCW 69.50.102 Drug paraphernalia—Definitions. ' RCW 69.50.202 Nomenclature. RCW 69.50.204 Schedule I. RCW 69.50.206 Schedule II. RCW 69.50.208 Schedule III. RCW 69.50.210 Schedule IV. RCW 69.50.212 Schedule V. 1 r"`6T50.401 Prohibited aets; A Penalties. RCW 69.50.4014 Possession of forty grams or less of marihuana—Penalty. RCW 69.50.404 Penalties under other laws. RCW 69.50.407 Conspiracy. RCW 69.50.408 Second or subsequent offenses. RCW 69.50.412 Prohibited acts: E—Penalties. 1 RCW 69.50.4121 Drug paraphernalia— Selling or giving—Penalty. RCW 69.50.425 Misdemeanor violations—Minimum imprisonment. SECTION 8. —Savings. The existing sections of the Kent City Code, which are repealed, replaced, and/or amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 9. — Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. ' SECTION 10. —Effective Date This ordinance shall take effect and be in force on July 1, 2004. JIM WHITE, MAYOR 15 Criminal Code-2004 Amendment ATTEST: ' BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY , PASSED: day of June, 2004. APPROVED: day of June, 2004. PUBLISHED: day of June, 2004. 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 i Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK rri.,roioiruwcec .n.raummo-xurm. 16 Criminal Code-2004 Amendment rKent City Council Meeting Date June 1. 2004 Category Consent Calendar 1. SUBJECT: ORDINANCE REGARDING RECREATIONAL VESSEL REGULATIONS RCW AMENDMENTS —ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. declaring an emergency and revising Chapter 4.06 of the Kent City Code relating to recreational vessel regulations. The City of Kent currently adopts by reference a number of provisions of the Revised Code of Washington ("RCW") relating to the operation of boats and other water-going vessels. Many of the section numbers of the RCWs that are adopted have been changed. Therefore, it is necessary to update the City codes that reference the RCW sections so that the City codes remain enforceable and consistent with the RCWs. The changes to the RCWs have already been made. Therefore, an emergency exists which requires that this ordinance be effective and enforceable immediately upon passage by the City Council. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E ORDINANCE NO. AN ORDINANCE of the CityCouncil of the City Y ' of Kent, Washington, declaring an emergency to revise chapter 4.06 of the Kent City Code relating to recreational vessel regulations to ensure consistency with chapters 88.02 and 79A.60 RCW. RECITALS A. The City of Kent currently adopts by reference a number of provisions of the Revised Code of Washington ("RCW") relating to the operation of boats and other water-going vessels. B. Many of the section numbers of the RCWs that are adopted have been changed. Therefore, it is necessary to update the City codes that reference the RCW ' I sections so that the City codes remain enforceable and consistent with the RCWs. C. The changes to the RCWs have already been made. Therefore, an emergency exists which regwres that this ordinance be effective and enforceable ' I immediately upon passage by the City Council. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ' 1 Recreational Vessel Regulations RCW Amendments ORDINANCE SECTION I. — Amendment. Chapter 4.06 of the Kent City Code, entitled , Recreational Vessel Regulations is amended to read as follows: , Sec. 4.06.020. Revised Code of Washington provisions adopted by reference. , A. The following provisions of Chapter 88.02 RCW entitled "Vessel Registration" as currently enacted and as ,.efeinaRe,. or later amended, are hereby ' adopted by reference and incorporated herein: RCW 88.02.020 Registration and display of registration number and decal prerequisite to ownership or operation of vessel—Exemptions. RCW 88.02.025 Registration of vessels numbered under the Federal Boat Safety Act. RCW 88.02.030 Exceptions from vessel registration — Use of excess document ' identification fee for boating_safety_programs -Rules. RCW 88.02.090 Inspection of registration—Violation of chapter. RCW 88.02.110 Penalties — Disposition of moneys collected — Enforcement authority. B. The following provisions of Chapter 88.12 79A.60 RCW entitled "Regulation of Recreational Vessels" as currently enacted and as liefeinaft r later amended, are hereby adopted by reference and incorporated herein: RCW °O� 4W79A.60.010 Definitions. , RCW 9844.4,-579A 60.020 Violations of chapter punishable as misdemeanor ' —Circumstances—Violations designated as civil infractions. RCW-8844,02079A.60.030 Operation of vessel in a negligent manner — ' Penalty. RCW °Qn?579A.60.040 Operation of vessel in a reckless manner — , Operation of a vessel under the influence of intoxicating liquor— Penalty. RCW 9Q�—r?-.93479A.60.090 Failure to stop for law enforcement officer. a 2 Recreational Vessel Regulations , RCW Amendments 04 RCW- '�-579A.60.100 Enforcement - Chapter to supplement federal ' law. RCW-S$-12-.06-579A.60.110 Equipment standards-Rules-Penalty. RCW °Q�?.07-579A.60.120 Tampering with vessel lights or signals - Exhibiting false lights or signals-Penalty. RCW 44�12-.09579A.60.130 Muffler or underwater exhaust system required - Exemptions-Enforcement-Penalty. RCW 88.12.09579A.60.140 Personal flotation devices - Inspection and approval-Rules. RCW °Q� '0579A.60.150 Failure of vessel to contain required equipment - Liability of operator or owner-Penalty. RCW °Q4T579A.60 160 Personal flotation devices required-Penalty. RCW 4 24-2-579A.60.170 Water skiing safety-Requirements. RCW °Q�-579A.60.180 Loading or powering vessel beyond safe operating ability-Penalties. RCW 4&424 -579A.60.190 Operation of personal watercraft - Prohibited activities-Penalties. ' SECTION Z - Amendment. Section 4.06.030 of the Kent City Code is amended to read as follows: ' Sec. 4.06.030. Washington Administrative Code provisions adopted by reference. The provisions of Chapter 352-60 WAC, as currently enacted and as nor later amended, are hereby adopted by reference and incorporated herein. ISECTION 3. - Amendment. Section 4.06.040 of the Kent City Code is amended to read as follows: ' Sec. 4.06.040. Definitions. For the purpose of this chapter, in addition to the definitions set forth in RCW 4Q,'�z''�o79A.60.010 adopted above, the following terms shall have the meaning ascribed in this section: ' 3 Recreational Vessel Regulations RCWAmendments Authorized emergency vessel means any authorized vessel of the city's police or fire ' departments, the United States government, and state of Washington authorized ' patrol boats or vessels. City means the city of Kent. , Obstruction means any matter which may in any way blockade, interfere with or ' endanger any vessel or impede navigation including but not limited to rafts, log booms, trees, lumber, and other similar material or objects. ' Oil means any oil or liquid, whether of animal, vegetable or mineral origin, or a mixture, compound or distillation thereof. ' Person, when necessary, means and includes natural persons, associations, copartnerships and corporations, whether acting by themselves or by a servant, agent or employee, the singular number, when necessary, means the plural, and the masculine pronoun includes the feminine. Pier means any pier, wharf, dock, float, gridiron or other structure to promote the convenient loading or unloading or other discharge of vessel, or the moorage of vessel. Police or police department means the police department of the city of Kent. ' Restricted area means an area that has been marked in accordance with and as ' authorized b y t he 1 aw o r regulations o f the city, t o b e u sed f or certain designated purposes such as swimming and aquatic events or otherwise closed to use by vessels, ' the method of marking and designation of which shall have been made by the city in accordance with the provisions of this chapter. Skin diving means any free swimming person and/or any person who uses an artificial or mechanical means to replace his or her air, including self-contained ' underwater breathing apparatus (SCUBA diving), snorkel tube equipment and free diving gear. , 4 Recreational Vessel Regulations ' RCW Amendments Vessel includes, but is not limited to, rowboat, sailboat, sailboard, canoe, kayak, powerboat, ski boat,personal watercraft and other similar watercraft. SECTION 4. - Amendment. Section 4.06.200 of the Kent City Code is amended to read as follows: Sec. 4.06.200 Lake Meridian — Motor-powered vessel restrictions — Water skiing and personal watercraft operation. ' A. Generally. T he following rules and r egulations are adopted for the u se o f motor-powered vessels on Lake Meridian: ' 1. It is unlawful to use or operate any vessel powered by motor power on Lake Meridian, except that vessels with the following engines will be permitted: a. Water-cooled outboard engines of stock manufacture or stock ' manufactured inboard engines with outboard drive units (inboard/outboards) which vent all exhaust gases through the ' lower drive unit in conjunction with cooling water and/or vent at a point on the drive unit which is under water at all times; or water- cooled direct drive inboard engines equipped with a muffler or silencer of sufficient size and capacity, to effectively muffle and reduce n oise s imilar t o t hat o f o utboards and i nboard/outboards. This includes both propeller and jet propulsion watercraft. b. Air-cooled outboard or inboard engines of stock manufacture rated by the manufacturer at ten(10)horsepower or less. c. Electric fishing trolling motors. 2. No vessel shall operate in excess of eight (8) miles per hour after 6:00 ' p.m. until the hour of 9:00 a.m. and not in excess of thirty-five (35) miles per hour from 9:00 a.m. to 6:00 p.m. ' 5 Recreational Vessel Regulations RCWAmendments 3. Vessels exceeding speeds of eight (8) miles per hour shall remain at ' least two hundred (200) feet from the shoreline and one hundred (100) feet from ' other vessels and swimmers and shall proceed around the lake in a counterclockwise direction. 4. All vessels operating on Lake Meridian shall carry United States Coast Guard approved personal flotation devices in good condition for each person in , the vessel. 5. Motor-powered vessels operating after sundown shall be equipped with and have lit proper running lights. ' 6. The anchorage or moorage of unoccupied vessels is prohibited except when tied to a pier or dock with the permission of the owner of the pier or dock. , 7. No remote controlled vessels powered by internal combustion engines , shall operate before 9:00 a.m. or after 6:00 p.m. 8. Skin diving is prohibited except as necessary for public employees , and their agents or other authorized personnel to perform their duties or in the case of ' an emergency. B. Water skiing. The following regulations apply to all water skiing activities as , defined in RCW Q8 12.0142-'. )79A 60.010 including, but not limited to, being towed behind a vessel on skis, an aquaplane,kneeboard, tube or similar device: ' 1. Water skiing on the lake at speeds up to and including eight (8) miles ' per hour is permitted any time between dawn and dusk. 2. Water skiing on the lake at speeds over eight (8) miles per hour shall be limited to the hours of 9:00 a.m. to 6:00 p.m. 3. It i s u nlawf it t o w ater sk i w ithm t hree h undred (300) f eet o f s hore ' except as follows: ' 6 Recreational Vessel Regulations RCWAmendments ' a. From privately owned shoreline, water skiers may start at and return to shore by means of the most expeditious route; b. From city owned shoreline, water skiers may start or return (deep water start) from a distance of two hundred (200) feet or greater from shore but are prohibited from starting or stopping within two ' hundred (200) feet of shore. For purposes of this provision, city ' owned shoreline includes the swimming beach and boat launching areas of the park. For purposes of starting at and returning to shore as authorized herein, water skiers may temporary exceed the speed limit to eight(8)miles per hour. ' 4. All persons in vessels towing persons on water skis, tubes, surfboards, or similar contrivance shall remain seated at all times. 5. All operators of vessels having in tow or otherwise assisting a person on water skis, tubes, surfboards or similar contrivance shall comply with KCC 4.06.060. ' 6. Regulations stated in this subsection shall not apply to vessels used in water ski tournaments, competitions, expositions, or trials therefore, which have been ' duly authorized by the city. tI C. Personal watercraft. In addition to RCW Q8.'��4579A.60.190 adopted in KCC 4.06.020, the following regulations shall apply to personal watercraft. ' 1. Personal watercraft may be operated on the lake at speeds up to and including eight(8) miles per hour any day except during hours of darkness. 2. Personal watercraft may be operated on the lake at speeds in excess of ' eight(8)miles per hour only as follows: a. Between the hours of 12:00 noon and 6:00 p.m.; ' 7 Recreational Vessel Regulations RMAmendments b. On even-numbered days of the calendar; and , c. From and including May 16 through and including September 15 ' of any year. SECTION S. - Amendment. Section 4.06.280 of the Kent City Code is amended to read as follows: , Sec. 4.06.280 Penalties. The following penalties shall apply for violations of this chapter: , A. Infraction. Except as provided in subsections (B) and (C) below, a violation ' of any of the provisions of this chapter shall constitute an infraction for which a monetary penalty may be assessed in the amount of one hundred dollars ($100). ' Pursuant to Chapter 7.84 RCW, any violation of the provisions of Chapter 88.1279A.60 RCW adopted herein which constitutes an infraction shall be assessed a ' monetary penalty as established in the penalty schedule currently set forth and as hereinafter amended in Court Rule lRLJ 6.2 adopted herein by reference. Each separate day, or portion thereof, during which any violation occurs shall constitute a separate violation. , B. Misdemeanor. Any violation of any provision established in this chapter which constitutes a misdemeanor shall be punishable by a fine not to exceed one ' thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days, or by ' both such fine and imprisonment. Each separate day or portion thereof during which such violation occurs shall constitute a separate violation. ' C. Gross misdemeanor. Any violation of any provision established in this chapter which constitutes a gross misdemeanor shall be punishable by a fine not to exceed five thousand dollars ($5,000) or by imprisonment not to exceed one(1) year, or by both such fine and imprisonment. Each separate day or portion thereof during ' which 8 Recreational Vessel Regulations RCWAmendments ' i SECTION 6. — Savin s. The existing chapter 4.06 of the Kent City Code, which is amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 7. — Severabilzty. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 8. — Emer�encv. The City Council, declares that an emergency exists and, i n o rder t o p reserve p ublic h ealth, s afety, and w elfare,t he c hanges s et forth in this ordinance shall take effect immediately upon passage. SECTION 9. —E ective Date. This ordinance shall take effect immediately upon its passage. RM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 9 Recreational Vessel Regulations RCW Amendments PASSED: day of ,2004. APPROVED: day of , 2004. PUBLISHED: day of , 2004 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 1Crvil1ORDINANCE\Re=uima]VmclRegsAm (id« I 10 Recreational Vessel Regulations RCWAmendments Kent City Council Meeting Date June 1, 2004 �r Category Consent Calendar I. SUBJECT: RESOLUTION REGARDING FIREWORKS —ADOPT 2. SUMMARY STATEMENT: Adoption of Resolution No./09'which resolves to educate the public regarding the dangers of fireworks, to direct the police to aggressively enforce the City's fireworks ordinance, to encourage the public's responsible use of fireworks, and to establish an amnesty program for the public to turn in illegal fireworks. .� 3. EXHIBITS: Resolution and Arthur "Pat"Fitzpatrick's memorandum to the Public Safety Committee 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F LAW DEPARTMENT Tom Brubaker, City Attorney 4400 Phone:Fax 253-856-6770 K E N T Address 220 Fourth Avenue S W A S H I N G T O N Kent,V'!A 98032-5895 DATE: April 8, 2004 TO: Public Safety Committee FROM: Arthur"Pat" Fitzpatrick, Deputy City Attorney SUBJECT: Ordinance Prohibiting Fireworks in the City of Kent MOTION: I move to recommend that the City Council adopt the proposed ordinance that prohibits the use and retail sale or purchase of fireworks and requires a permit to store, manufacture, import,transport, and sell at wholesale any fireworks, subject to final review and amendment by the City Attorney. SUMMARY: State law allows the use of certain fireworks at limited times; however, the law also allows cities to prohibit the use and sale of fireworks within their boundaries. Currently, the Kent City Code allows the sale or purchase of fireworks each year between June 281h and July 4`h from noon until 11:00 p.m. Fireworks may only be discharged within the City between the hours of 9-00 a.m. and 11:00 p.m. on July 4`h. It is not legal to use, sell, or purchase fireworks within the City on any other date or at any other time. Each year, the City receives a number of complaints regarding the discharge of both authorized and illegal fireworks. The discharge of fireworks causes litter and annoyance to many within our community. In addition, fireworks are the source of property damage and personal injuries. Prohibiting the retail purchase, retail sale, and use or discharge of fireworks within the City will protect the peace and tranquility of our community and will benefit the health, safety, and welfare of the public. While the proposed ordinance prohibits the retail sale, retail purchase, and discharge of fireworks within the City, it does permit the public display of fireworks and the storing, manufacturing, transporting, importing, and wholesale selling of fireworks, and provides a permitting process for these actions. State law provides that an ordinance prohibiting the sale, purchase, and discharge of fireworks may not become effective until one (1) year after the date the ordinance is passed. Accordingly, if the City Council passes the proposed ordinance at one of its May council meetings, the fireworks prohibition will not become effective until May 2005. Therefore, fireworks may still be sold, purchased, or discharged within the City during the 2004 Fourth of July holiday. However, this activity would not be permitted after that holiday. BUDGET IMPACT. None. V1LIMbDTg169LVE SNEcraFlr..m.nea9m+vns"racwn ex i i i i RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to fireworks safety, education, and enforcement. RECITALS A. The illegal use of fireworks puts a strain on the resources of the City's police and fire departments. For example, statistics show that while the illegal use of fireworks constitutes a negligible percentage of calls to the police for most of the year, calls regarding fireworks constitutes sixteen percent (16%) of police calls the nine (9) days preceding July 0 and thirty-four percent (34%) of police calls on July 4`h I B. Each year, there are numerous instances of airborne fireworks being launched at homes, vehicles, and people. Moreover, the unsafe use of fireworks imperils people and property; for example, forty-two (42) Kent citizens were displaced from their apartments in 2003 due to the reckless use of fireworks. C. In August 2003, the City commissioned a study which found that forty- three percent (43%) of those surveyed were strongly in favor of a fireworks ban, and ithirteen percent (13%) were somewhat in favor of a ban. The study also found that fourteen percent (14%) of those surveyed were somewhat against a ban, while iseventeen percent(17%)were strongly against a ban. I Fireworks—Educate, Enforce, and Encourage Responsibility i NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. —Education. The City Council resolves to educate Kent citizens regarding the danger of fireworks. The City will take steps to educate Kent citizens to help them better identify the difference between legal and illegal fireworks and the time in which the use of legal fireworks is permitted. SECTION 2. —Enforcement. The City Council hereby requests that the Mayor direct the police department to aggressively enforce the laws that prohibit the use of illegal fireworks and the use of fireworks at inappropriate times. SECTION 3. —Encoura e� ment. The City Council encourages the public to use fireworks in a legal, safe, and responsible manner. SECTION 4. — Amnes . The City Council hereby requests that the Mayor direct the police and fire departments to develop an amnesty program that will allow citizens to turn in illegal fireworks to City fire stations without penalty. SECTION 5. — Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington,this day of June,2004. CONCURRED in by the Mayor of the City of Kent this day of June, 2004. JIM WHITE,MAYOR 2 Fireworks—Educate, Enforce, and Encourage Responsibility ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington,the day of June, 2004. BRENDA JACOBER,CITY CLERK P'(SxMC'ALIRIOMFe�vliFAasGf eGau�Oa i 4 3 Fireworks—Educate,Enforce, and Encourage Responsibility Kent City Council Meeting Date June 1, 2004 Category Consent Calendar 1. SUBJECT: S. 228m STREET EXTENSION—FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD GRANT—AUTHORIZE AND AMEND BUDGET 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with the Washington State Department of Transportation Highways and Local Programs office to accept $2,000,000 from the Freight Mobility Strategic Investment Board(FMSIB), to establish a budget for these monies within the South 228"' Street project fund and to authorize spending accordingly. 3. EXHIBITS: Public Works Director's memorandum and FMSIB Funding Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff,Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. 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 253656-5500 Fax 253-656-6500 K E N T Address 220 Fourth Avenue S WASH NOT ON Kent,WA 98032-5895 DATE: May 11,2004 TO: Pub]Wks Committee FROM: Don from,Public Works Director SUBJECT: S. 228th Street Extension—FMSIB Grant ' MOTION Recommend that the Council authorize the Mayor to execute an agreement with the Washington State Department of Transportation Highways and Local Programs office to accept $2,000,000 from the Freight Mobility Strate�c Investment Board (FMSIB), to establish a budget for these monies within the S. 228 St project fund and to authorize spending it accordingly. SUMMARY: The City of Kent has been awarded a$2-million grant for construction of the S 228th Street Extension This money was included in the State Legislature's supplemental budget and has been awarded through FMSIB The S 228th Street Extension and Grade Separation project has been on the FMSIB list of projects since 20W The agreement would provide$2-million towards completion of the S 228th Street Extension Combining this money with an existing Transportation Improvement Board (TIB)grant,a Public Works Trust Fund loan, and LID 353 monies, the S 228th Street Extension would be fully funded Construction of the first phases of the project began m March 2004 Construction will continue through December 2006 BUDGET IMPACT Accepting this grant would offset$2,000,000 in city money needed to finance this project ' BACKGROUND: The Public Works Department submitted an application for funding with FMSIB in 2000 The S 228th Street Extension and Grade Separation packet scored 2nd highest in Washington, however, due to budget cutbacks FMSIB has had virtually no money to dispense During the last three years,the Public Works Department,Mayor's Office, and the City's lobbyist have been working with our state legislative delegates to secure funding for this project At the end of the last legislative session,this$2-million grant was included in the supplemental transportation budget and is now available to Kent The money will be administered by the Washington State Department of Transportation's Highways and Local Programs section. Mayor White and Kent City Council I i �� Washington State WI/ Depairtirtent of 7Yansportation Organization and Address Highways and Local Programs City of Kent-Public Works FMSIB Funding Agreement 220 4th Avenue S Work by Public and Pnvate Non-Profit Kent, WA 48006 Agencies-Actual Cost Agreement Number Maximum Amount Authonzed Location and Description of Work(See also Exh)bd'A") $2,000,000 00 S 228th Street Extension and Grade Separation Phase I -2004 Grade and Fill Project Participating Percentage Project Number Remaming Phase I projects and Phase II projects to 12% (Max) 35 be completed at later date This AGREEMENT,made and entered into this day of between the STATE OF WASHINGTON, Department of Transportation,acting by and through the Secretary of Transportation, hereinafter called the'STATE,'and the above named organization, hereinafter called the'AGENCY' WHEREAS, the AGENCY is planning the work shown above,and in connection therewith,the AGENCY has requested financial assistance from the Freight Mobility Strategic Investment Board(FMSIB)for the project or program,and WHEREAS,the AGENCY has requested funds for the above shown project or program,and WHEREAS,the FMSIB has determined that the AGENCY's project or program is eligible for assistance if and when funds become available,and WHEREAS,the parties desire to set forth the terms that will govern the distnbution and use of funds if and when the AGENCY's project or program is selected for funding NOW THEREFORE,in consideration of the terns,conditions,covenants,and performances contained herein,or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS _ Estimate of Funding Type Of Work Total Project Funds Agency Funds FMS18 Funds PE a Agency Work 4,685,000 00 1 4,685,000 001 0 00 b Other 2,500,000 001 2,500,000 00 000 c State Services 0.00 000 000 d Total PE Coat Estimate(a+b+c) 7,185,000.00 7,185,000.00 0.00 Right of Way a Agency Work 2,650,000 00 2,162,000 00 488,000 00 f Other Appratsors,Attorneys,etc 100,000 00 88,000 00 12,000 00 g State Services 000 000 000 h Total RJW Cost Estimate(e+f+g) 2,750,000.00 2,250,000.00 576,000.00 Construction i Contract 53,865,000 00 46,785,000 00 7,080,000 00 I Other Utility Relocation 1,000,000 00 880,000.00 120,000 00 k Other 0001 0.00 000 I Other 10 001 0.00 000 m Total Contract Costs(i+l+k+I) 54,865,000.00 47,665,000.00 7,200,000.00 Consbvcbon Engineenng n Agency Work 4,700,00' 00 4,200,000 00 500,000 00 c Other Contracted Inspection 2,500,000 001 2,200,000 00 300,000 00 p State Forces 000 000, 000 q Total Construction Engineenng(n+o+p) 7,200,000.00 6,400,000.00 8009000.00 r Total Construction Cost Estimate(m+q) 62 065 000.00 54 065 000.00 8,000,000.00 s.Total Project Cost Estimate(d+h+r) 72900%000.00 63,5009000.00 8,576,000.01 DOT Form ta0-089 EF 412000 IV General Legal Relations The AGENCY, agrees to perform the above Described Woric, in No liability shall attach to the AGENCY or the STATE by reason of accordance with the Project Prospectus attached hereto as 'Exhlbd A' entering into this AGREEMENT except as expressly provided herein and made a part ofthis AGREEMENT Plans, specifications, and cost estimates shall be prepared by the V AGENCY in accordance with the current State of Washington Standard Nondiscrimination Speafications for Road, Bridge, and Municipal Construction and adopted design standards, unless otherwise noted The AGENCY will incorporate The AGENCY agrees to comply with all STATE and Federal laws, rules, the plans and specifications into the AGENCY's project and thereafter and regulations pertaining to nondiscrimination and agrees to require the advertise the resulting project for bid and,assuming bids are received and same of all subcontractors providing services or performing any work a contract is awarded,administer the contract,or it the project is of a size using funds provided under this AGREEMENT which the AGENCY is authorized to perform with its own forces under the laws of the State of Washington the AGENCY may proceed with its own VI forces Venue All work performed under this AGREEMENT shall comply with the applicable provisions of Stale and Federal Law For the convenience of the parties to this AGREEMENT,it is agreed thal any claims andior causes of action which the AGENCY has against the STATE, growing out of this AGREEMENT or the project or program with Payment which it is concerned, shall be brought only in the Superior Court for The STATE, in consideration of the faithful performance of the work to be Thurston County performed by the AGENCY, agrees to reimburse the AGENCY for the VII percentage of the actual direct and related indirect cost of the work shown above,up to the'MAXIMUM AMOUNT AUTNGRIZED' Term(nadon Partial payments shall be made by the STATE, upon request of the The Secretary of the Department of Transportation may terminate this AGENCY,to cover costs incurred These payments are not to be more AGREEMENT if the furring becomes unavailable or it the Secretary frequent than one (1) per month It is agreed that any such partial determine that it is in the best interest of the STATE payment will not constitute agreement as to the appropriateness of any rtem and that,at the time of the final audit,all required adjustments will be Vill made and reflected in final payment Final Report and Final Inspection The AGENCY agrees to submit a final bill to the STATE within forty-five k (45)days after the AGENCY has completed work Within ninety (90) days following the completion of the protect and submission of the final bilbng for the project, a final report andlor final { The AGENCY agrees that all costs in excess of the amount authorized inspection shot be submitted 10 the Assistant Secretary for TransAid and the AGENCY s matching funds shall be the responsibility of the containing the following information AGENCY 111 Non-wottal Protects Audit The AGENCY agrees that an audit may be conducted by the STATE 1 A description of the project or program During the progress of the worlr and for a period not jasa than rives(3) 2 A summary of actual costs of the prolecl or program years from the date of final payment to the AGENCY, the records and program This should address p 3 An evaluation of the project or p accounts pertaining to the work and accounting thereof are to be kept aspects such as transportationorand/or other benefits to the public avadable for inspection and audit by the STATE and copies of an records, accounts, documents, or other data pertaining to the project will be Canal Prorects furnished upon request If any litigation,claim,or audit is commenced,the records and accounts along with supporting documentation shall be 1 A final inspection is required retained until all litigation, clam, or audit finding has been resolved even though such litigation, claim, or audit continues past the throe-year retention period The execution of this Agreement is not a commitment of funding by the FMSIB This agreement will become operative only at such brine that(1)the FMSIB determines,m its sole discretion,that adequate funds are available and not regttlred for other projects or Programs to provide the assistance requested by the AGENCY in Connection with this Agreement,and(2)nottfies the AGENCY in writing that funding is available to make the agreement operative IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT on the day and year last written below AGENCY STATE BY By. Assistant Secretary for Highways and Local Programs Tide Mayor,City of Kent Date Date DOT Form 1404W EF 2R000 Kent City Council Meeting Date June 1, 2004 Category Consent Calendar 1. SUBJECT: S. 228m STREET EXTENSION—PUBLIC WORKS TRUST FUND LOAN—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Public Works Trust Fund Loan Agreement for the construction of the South 228t' Street Extension, in the amount of$10,000,000, authorize staff to accept the money and establish a budget for the same and set the 20-year repayment schedule beginning July 1, 2005. 3. EXHIBITS: Public Works Director's memorandum and Public Works Trust Fund Loan Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 Fax 253-856-6500 KEN T Address 220 Fourth Avenue S WASHINGTON Kent,WA 98032-5895 DATE: May 11 2004 TO: orks Committee FROM: Do ' i Strom,Public Works Director SUBJECT: S.228th Street Extension—Public Works Trust Fund Loan MOTION Recommend that the Council authorize the Mayor to execute the Pubic Works Trust Fund Loan Agreement accepting $10,000,000 for construction of the S. 228th Street L Extension, and direct the Public Works Department to establish a budget for the loan monies, spend the money accordingly and set the 20-year repayment schedule beginning July 1,2005. SUMMARY: The City of Kent has been awarded a$10-million loan for construction of the S 228th Street Extension The apphcation for this loan was submitted in May 2003 and the project was selected from among a statewide list of competitors in August 2003 Loan monies became available after the Washington State Legislature and Governor Locke accepted the list of project in March The contract is ready for Mayor White's signature The loan would provide$10-nulhon towards completion of the S 228th Street Extension Combining this money with Transportation Improvement Board(TIB),Freight Mobility Strategic Investment Board (FMSIB), and LID 353 monies,the S 228th Street Extension would be fully funded The loan has a 20-year term and the interest rate is set at 0 5%per year The first loan payment would be due July 1,2005 BUDGET IMPACT Accepting this loan would offset councilmatic bond money originally anticipated to be needed for this project Repayment of the loan would be budgeted over the Inext 20 years BACKGROUND: Originally,it was anticipated that funding of the City's share of this project would be via a$5 8-million councilmatic bond,issued in 2005 The annual debt service for the bonds would be approximately$520,000 for 20 years When coupled with our$1,000,000 Public Works Trust Fund Pre-Construchon Loan(previously accepted by the Council in August 2003),the project would have$11,000,000 available with an annual debt service of about $580,000 for 20 years Monies for the debt have been earmarked respectively within both the Street Capital Improvement fund(approximately$500,000) and the Drainage Capital Improvement fund(approximately$80,000) Accepting this loan would provide adequate funds for the S 228th Street Extension along with the possibility of redirecting some city monies jMayor White and Kent City Council j within the project fund to other projects,such as the S 228th Street BNSF Grade Separation project,or the S 272nd Street Extension(116th Ave S/256th Street to Kent-Kangley Road) protect. i Mayor whits and Kent City Council 2 i . PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT NUMBER PW-0"91-036 CITY OF KENT PART I: ENTIRE AGREEMENT 1 This agreement, and incorporated attachments, contains all terms and conditions agreed to by the PUBLIC WORKS BOARD and the LOCAL GOVERNMENT and no other statements or representations written or oral,shall be deemed a part thereof This contract consists of ten pages and two attachments An attachment to this agreement, ATTACHMENT I SCOPE OF WORK, consists of a description of local project activities, certification of the projects useful life, and identification of estimated project costs and fund sources and is, by this reference, incorporated into this agreement as though set forth fully herein In addition, ATTACHMENT II ATTORNEY'S CERTIFICATION, is by this reference incorporated into this agreement The PUBLIC WORKS BOARD and the LOCAL GOVERNMENT have executed this agreement as of the date and year last wntten below PUBLIC WORKS BOARD LOCAL GOVERNMENT John LaRocque,Executive Director Signature Public Works Board Print Name Date Title APPROVED AS TO FORM ONLY Date This 171"Day of March,2003 Christine O Gregoire �I — tioDD 12ry Attorney General Federal Taxpayer Identification Number _By Signature on File Jeanne A Cushman Assistant Attorney General Page 1 2004 P WTF Consuvotan Loan Agreement t i PART II: INTRODUCTION This loan agreement is made and entered into by and between the PUBLIC WORKS BOARD, or its successor, (referred to as the `BOARD'"), a department of the state of Washington, and CITY OF KENT (referred to as the"LOCAL GOVERNMENT") Acting under the authority of Chapter 43155 RCW, the BOARD has selected the LOCAL GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project PART III: PURPOSE The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public works project that furthers the goals and objectives of the Washington State Public Works Trust Fund Program The project will be undertaken by the LOCAL GOVERNMENT and will include the activities described in ATTACHMENT I SCOPE OF WORK The project must be undertaken in accordance with PART IV TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by this reference are incorporated into this agreement as though set forth fully herein PART IV: TERMS AND CONDITIONS The parties to this agreement agree as follows 4 01 Rate and Term of Loan The BOARD,using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL GOVERNMENT a sum not to exceed $10,000,000 00 The interest rate shall be one-half percent (1/2%) per annurn on the outstanding principal balance The term of the loan shall not exceed 20 years, with the final payment due July I,2024 4 02 Local Proiect Share The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than fifteen percent (15%) of the total eligible portion of the project cost not funded by federal or state grants as identified in ATTACHMENT I SCOPE OF WORK, to be verified at the time of project close-out Any change in the percentage of locally-generated funds may require an adjustment in the loan amount or interest rate charged, or both In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement adjusting the loan amount or interest rate,as appropriate Local project share must consist of expenditures ehgtble under WAC 399-30-030(3)and be related only to project activities described in ATTACHMENT I SCOPE OF WORK These expenditures may be made up to twelve (12) months prior to the execution of the loan agreement and verified at the time of project close-out PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE THE LOCAL GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF TIES LOAN AGREEMENT Page 2 2004 P W l F Construction loan Agreement 4 03 Disbursement of Loan Proceeds The availability of funds in the Public Works Assistance Account is a function of tax collection and loan repayment If funds are not available at the time the invoice is submitted, or when the agreement is executed, the issuance of warrants will be delayed Therefore,subject to the availability of funds,warrants shall be issued to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL GOVERNMENT while undertaking and administering approved project activities in accordance with ATTACHMENT I SCOPE OF WORK In no event shall the total Public Works Trust Fund loan exceed eighty five percent (85%) of the eligible actual project costs The disbursement of loan proceeds shall be initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form The loan funds will be disbursed to the LOCAL GOVERNMENT as follows Within thirty(30)days of the formal execution of this agreement,a sum not to exceed twenty percent(20%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT Within thirty (30) days of the execution of a Notice to Proceed, which follows the formal award of a construction contract,or contract for engineering services,a sum not to exceed twenty five percent(25%)of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT When the LOCAL GOVERNMENT certifies that 35% of the Public Works Trust Fund loan amount has been spent, a sum not to exceed twenty five percent(25%)of the approved Public Works Trust Find loan shall be disbursed to the LOCAL GOVERNMENT When the LOCAL GOVERNMENT certifies that 601/o of the Public Works Trust Fund loan amount has been spent, a sum not to exceed twenty five percent(25%)of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT At the time of project completion, a Close-out Report,(refer to Section 4 19 for Close-out Report),shall be submitted to the BOARD by the LOCAL GOVERNMENT certifying total actual project costs The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of eighty five percent (85%) of the eligible project costs or the total of$10,00o,000 00 whichever is less The Close-out Report shall serve as a contract AMENDMENT for determining the final loan amount, interest rate, and local share In the event that the final costs identified in the Close-out Report indicate that the LOCAL GOVERNMENT has received Public Works Trust Fund monies in excess of eighty five percent (85%) of eligible costs, all funds in excess of eighty five percent (95%) shall be repaid to the Public Works Assistance Account by payment to the Department of Community, Trade and Economic Development, or its successor, within thirty(30)days of submission of the Close-out Report i Page 3 2004 PWTF Construction Loan Agreement 4 04 Interest Earned on Public Works Trust Fund Momes All interest earned on Public Works Trust Fund Monies held by the LOCAL GOVERNMENT shall accrue to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project Benefits shall accrue in one of two ways 1 Reduce the amount of the Public Works Trust Fund loan 2 Pay any part of eligible project costs that are in excess of ATTACHMENT I SCOPE OF WORK estimates,if there is an overrun of project costs The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Public Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan agreement Such procedures shall consist of the establishment of a separate fund, account, sub-account or any other method meeting generally accepted accounting principles 4 05 Time of Performance The LOCAL GOVERNMENT shall begm the activities identified within ATTACHMENT I SCOPE OF WORK no later than three months after loan agreement execution, and reach project completion no later than forty-eight(48)months after the date of agreement execution Failure to perform within the time frame described in the preceding paragraph may constitute default of this agreement In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in writing, that the BOARD extend the deadline for project completion The BOARD may, by a two-thirds vote,extend the deadline The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion, unless terminated sooner as provided herein 4 06 Repayment The first loan repayment under this agreement is due July 1, 2005, and subsequent installments are due on July 1 of each year during the term of the loan The first repayment under this agreement shall consist of interest only at the rate of one-half percent (1/2%) per annum, calculated on a 360-day year of twelve 30-day months,applied to funds received Interest will begin to accrue from the date each warrant is issued to the LOCAL GOVERNMENT Subsequent repayments shall consist of the principal balance due divided by the loan term remaining plus mterest on the unpaid balance of the loan The final payment shall be an amount sufficient to bring the loan balance to zero The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time,and the right to repay at a faster rate than is provided in this agreement,provided that any such payment must equal or exceed the principal amount normally due on an annual basis Page 4 2004 PW77 Cons"cnon Loan Agreement The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Department of Commurnty, Trade and Economic Development,or its successor,and sent to Department of Community,Trade and Economic Development Administrative Services Division/Fiscal Unit 906 Columbia Street S W P O Box 48300 Olympia,Washington 98504-8300 4 07 Repayment Account The LOCAL GOVERNMENT shall repay the loan according to the option designated in Section 4 09 Loan Security The name of the fund,account,or sub-account shall be 1110:E1 DO — SrftEEr FuNn 4 08 Default in Repayment Loan repayments shall be made on the loan in accordance with Section 4 06 of this agreement A payment not received within thirty(30) days of the due date shall be declared delinquent Delinquent payments shall be assessed a daily penalty beginning on the thirty-first (31) day past the due date The penalty will be assessed on the entire payment amount The penalty will be twelve percent(12%)per annum calculated on a 360-day year for the delinquent amount The same penalty terms shall apply to delinquent repayment of funds paid in excess of eligible costs as provided for in Section 4 03 The LOCAL GOVERNMENT acknowledges and agrees to the BOARD'S right, upon delinquency in the payment of any annual installment,to notify any other entity, creditors, or potential creditors of the LOCAL GOVERNMENT of such delinquency including, without limitation, the state government and the United States of America or its agencies,credit rating agencies, and the municipal finance market The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the BOARD in any action undertaken to enforce its rights under tlus section Page 5 2UQ4 PWTF Construction Loan Agreement i j - r 4 09 Loan Secunty The LO AL GOVERNMENT must select one of the following options for securing repayment of the loan Ple a initial the appropriate option 1. General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT OR 2. Revenue Obligation: This option may be used only if the entire project is a domestic r water, sanitary sewer, storm sewer or solid waste utility project LOCAL GOVERNMENTS performing a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm sewer utility may not use this option Projects providing for a mixture of bridge, road, domestic water, sanitary sewer,and storm sewer activities may not use this option This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of the utility system indicated below Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue As used here, "net revenue" means gross revenue minus expenses of maintenance and operations The BOARD grants the LOCAL GOVERNMENT the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement Please choose and initial one of the following utility systems Water Sanitary Sewer(Wastewater) Stormwater Water/Sanitary Sewer I Stormwater/Sanitary Sewer Solid Waste OR i 3. Local Improvement District: Pursuant to RCW 35 51050, the LOCAL ■ GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement District, Local Utility District or other similar special assessment district in which the improvements financed by this loan are located The name of the special assessment district is Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this agreement f Page 6 2004 P VTF Construction Loan Agreement 4 10 Recordkeepine and Access to Records The BOARD,the BOARD's agents,and duly authorized officials of the State shall have full access and the right to examine, copy, excerpt, or transcribe any pertinent documents,papers, records, and books of the LOCAL GOVERNMENT and of persons,firms,or organizations with which the LOCAL GOVERNMENT may contract,involving transactions related to tlns project and this agreement The LOCAL GOVERNMENT agrees to retain all records pertaining to tins project and this agreement for a period of six years from the date of project close-out If any litigation, claim or audit is started before the expiration of the six year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved 411 Reports ' The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may require, shall furnish the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to tlus agreement including,but not bmited to,quarterly progress reports,the Close-Out Report,and any other matters covered by this agreement Failure to file periodic reports as requested may result in termination of tlus agreement as per Section 414 4 12 Indemnification The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the BOARD, and the state of Washington from and against any and all claims,costs,damages,expenses,or liability for any or all injuries to persons or tangible property, ansing from the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or subcontractors,or any employees or agents in the performance of this agreement, however caused In the case of negligence of both the BOARD and the LOCAL GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party 4 13 Amendments,Modifications,and Waivers Except for an increase in the amount of the loan governed by this agreement,the LOCAL GOVERNMENT may request an amendment to this agreement for the purpose of modifying the SCOPE OF WORK or for extending the time of performance as provided form Section 4 05 No modification or amendment resulting in an extension of time shall take effect until a request in writing has been received and approved by the BOARD in accordance with Section 4 05 No amendment or modification shall take effect until approved in writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto No conditions or provisions of this agreement may be waived unless approved by the BOARD in writing 4 14 Termination for Cause If the LOCAL GOVERNMENT fails to comply with the teams of this agreement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT I SCOPE OF WORK, the BOARD may terminate the agreement in whole or in part at any time The BOARD shall promptly notify the LOCAL GOVERNMENT in writing of its determination to terminate, the reason for such termination, and the effective date of the termination Nothing in this section shall affect LOCAL GOVERNMENT obligations to repay the unpaid balance of the loan Page 7 2004 P%r r Construction Loan Agreement i . i 4 15 Termination For Convenience The BOARD may terminate this agreement in the event that federal or state funds are no longer available to the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this agreement Termination will be effective when the BOARD sends written notice of termination to the LOCAL GOVERNMENT Nothing in this section shall affect LOCAL GOVERNMENT obligations to repay the unpaid balance of the loan 4 16 Governing Law and Venue This agreement shall be construed and enforced in accordance with,and the validity and performance hereof shall be governed by,the laws of the state of Washington Venue of any suit between the parties ansing out of this agreement shall be the Superior Court of Thurston County, Washington The prevailing party is Ientitled to recover costs in accordance with Washington State Law(Chapter 4 84 RCW) 417 Severabiliiy If any provision under this agreement or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be given effect without the invalid provision 4 18 Proiect Completion The BOARD will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the activities identified in ATTACHMENT I SCOPE OF WORK are completed In the report, the LOCAL GOVERNMENT will provide the following information to the BOARD 1 A certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described 2 A certified statement that the project, as described in the Loan Agreement's Scope of Work,is complete and has been designed/constructed to required standards 3 Certification that all costs associated with the project have been incurred Costs are incurred when goods and services are received and/or contract work is performed 4 Provide a date for reporting LOCAL GOVERNMENT conformance with the performance measures identified in ATTACHMENT I SCOPE OF WORK I Page 8 2004 PWTF Construction U"Agreement ■ 4 19 Protect Close-Out In accordance with Section 4 03 of this agreement,the LOCAL GOVERNMENT will submit,together with the Close-out Report,a request for a sum not to exceed the final five percent(5%)of the loan amount This disbursement shall not occur prior to the completion of all project activities The LOCAL GOVERNMENT shall be responsible to ensure that their contractor(s)are in compliance with the Department of Revenue and the Department of Labor&Industries requirements 4 20 Audit Audits of the LOCAL GOVERNMENTS project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with state law and any guidelines the Department of Commumty, Trade and Economic Development,or its successor,may prescribe Payment for the audit shall be made by the LOCAL GOVERNMENT 4 21 Proiect Signs If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers identifying those agencies participating financially m the approved project,the sign or marker must identify the Washington State Public Works Trust Fund as a participant in the protect 422 Nondiscrimination Provision During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and state nondiscrimination laws, including,but not limited to Chapter 49 60 RCW,Washington's Law Against Discrimination,and 42 U S C 12101 et seq,the Americans with Disabilities Act(ADA) In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, tins contract may be rescinded, canceled, or terminated in whole or in part,and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the BOARD The LOCAL GOVERNMENT shall,however,be given a reasonable time in which to cure this noncompliance 4 23 Historical and Cultural Artifacts The LOCAL GOVERNMENT agrees that if historical or cultural artifacts are discovered during construction, the LOCAL GOVERNMENT shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at the Washington State Office of Archeology and Historic Preservation The LOCAL GOVERNMENT shall require this provision to be contained in all contracts for work or services related to ATTACHMENT ONE. SCOPE OF WORK Page 9 2004 PWTF Constiuctnon Loan Agreement 4 19 Protect Close-Out In accordance with Section 4 03 of this agreement,the LOCAL GOVERNMENT will submit,together with the Close-out Report,a request for a sum not to exceed the final five percent(S%)of the loan amount This disbursement shall not occur prior to the completion of all project activities The LOCAL GOVERNMENT shall be responsible to ensure that their conmictor(s)are in compliance with the Department of Revenue and the Department of Labor&Industries requirements 4 20 Audit Audits of the LOCAL GOVERNMENTS project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with state law and any guidelines the Department of Community, Trade and Economic Development,or its successor,may prescribe Payment for the audit shall be made by the LOCAL GOVERNMENT 421 Protect Sim If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers identifying those agencies participating financially in the approved project,the sign or marker must identify the Washington State Public Works Trust Fund as a participant m 1he project 4 22 Nondiscrimination Provision During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and state nondiscrimination laws, including,but not limited to Chapter 49 60 RCW,Washington's Law Against Discrirrunation,and 42 U S C 12101 et seq,the Americans with Disabilities Act(ADA) In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the BOARD The LOCAL GOVERNMENT shall,however,be given a reasonable time in which to cure this noncompliance 4 23 Historical and Cultural Artifacts The LOCAL GOVERNMENT agrees that if historical or cultural artifacts are discovered during construction, the LOCAL GOVERNMENT shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at the Washington State Office of Archeology and Historic Preservation The LOCAL GOVERNMENT shall require this provision to be contained in all contracts for work or services related to ATTACHMENT ONE. SCOPE OF WORK Page 9 20D4 PWTF Consh uction Loin Agreement I PART V; SPECIAL ASSURANCES The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project Of particular importance are the following 5 01 RCW 43 155 060 The LOCAL GOVERNMENT shall comply with the provisions of RCW 43 155 060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Trust Fund program 5 02 WAC 399-30-030(3) The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3)which identifies eligible costs ' for projects assisted with Public Works Trust Fund loans 5 03 Assignment Neither this agreement nor any claims arising under this agreement,shall be transferred or assigned by the i LOCAL GOVERNMENT without prior wntten consent of the BOARD i i i 1 i 1 Page 10 2004 PWTF Construction Loan Agreement OVIA PUBLIC WORKS TRUST FUND ATTACHMENT 1; SCOPE OF WORK PW-04-691-036 KENT SOUTH 220'STREET EXTENSION L I Provide a clear description of the project to be financed in part by a Public Works Trust Fund loan (Attach additional sheets if necessary) i ■ Construct approximately 5,300 feet of new,5-lane minor arterial street between 54th Avenue S and Military Road, including a new bridge over the Green River ■ Improve Military Road to 5-lanes from the new intersection with S 228th Street to SR-516 Installation of a noise wall along The Lakes residential area(near 54th Avenue S) ■ New traffic signal at Military Road/SR 516 • New traffic signal at S 228th Street/54th Avenue S New traffic signal at S 228th Street/Mddary Road ■ Creation/restoration of 4 65 acres,enhancement of 9 35 acres, and upland/buffer restoration of 3 0 acres of wetland area to offset 1 94 acres of wetland fill ■ New stormwater detention/treatment facilities 2 Identify the project's performance measures (Attach additional sheets if necessary) As a result of this project,the levels of service(LOS)at key intersections near the S 228th Street Extension will improve when the S 228th Street Extension is opened in 2006 For example,the Meeker Street/Kent-Des Moines(SR-516)intersection will improve from LOS F to LOS E Similarly,the LOS at S 212th Street/West Valley Highway will improve from LOS F to LOS E with the new roadway in place Levels of Service(LOS)are used to describe traffic operations For the S 228"Street Extension, LOS were used as one of the primary performance measures to assess the benefits of the project The following table describes the typical operating characteristics of each LOS Level of Service Criteria for Signalized Intersections Control Delay Level of Per Vehicle General Description Service (Seconds) (Signalized Intersections) A _<10 Free Flow 1 B >10-20 Stable Flow(stight delays) C >20—35 Stable Flow(acceptable delays) D >35—55 Approaching unstable flow(tolerable delay, occasionally wart I through more than one signal cycle before proceeding) E >55—80 Unstable flow(intolerable delay) F >80 Forced flow&ammed) S%DesignlChadlS 22dh StreeffundmgWYYTF_01-28-04 doc I i Scope of Work Page 2 PW-04-691-036 3 The term of this loan will be based on an engineer's certification of the expected useful life of the improvements, as stated below,or 20 years,whichever is less If the local government prefers the term of its loan to be less than either 20 years or the useful life of the improvements,the preferred loan term should be indicated years r 4 I, Chad Bieren ,licensed engineer,certify that the average expected useful life for the improvements described above is 50 years Signed ty�l Date Telephone _ 253-856-5534 I S OemplChadtS 2280'StreetiFundhng%PWTF_01-28-04 doe Scope of Work Page 3 PW-04-691-036 Estimated Protect Costs Total Costs Engmeermg $ 2,525,000 Environmental Review $ 460,000 Land/R-O-W Acquisition $ 1,800,000 Public Involvement/Information $ 25,000 Other Fees $ 3,025,000 Construction $ 17,440,000 Construction Inspection $ 2,000,000 Contingency 10 %) $ 2,725,000 1 Other(Specify) $ 2 Other(Specify) $ TOTAL ESTIMATED COSTS $ 30,000,000 Anticipated Fund Sources A Federal Grants $ -0• State Grants $ 5,003,250 B Locally Generated Revenue General Funds $ 296,750 Capital Reserves $ -0- j Other Fund $ -0- Rates $ -0- Assessments $ 13,700,000 (LID,RID,ULID) Special Levies $ -0- Federal Loan(s)from (identify all) State Loan(s)from (identify all) PWTF Pre-Construction Loan $ 1,000,000 I $Other (identify sources) $ TOTAL LOCAL REVENUE $ 20,000,000 C PUBLIC WORKS TRUST FUND LOAN $ 10,00Q000 6 Oesign\ChaM 228"'StreeffundmgUyWrF 01-28-04 doc i . 1 Scope of Work Page 3 Loan Number PW-04-691-036 Calculating Local Percentage Notes: 1 Grant funds cannot be counted as local match Calculate as follows Total Local Revenue PWTF Loan+Total Local Revenue = Local Percentage 6(o c7o $20,000,000 $10,000,000+20,000,000=66% The local contribution must be at least Five percent(59/6) for a loan interest rate of 2% Ten percent(10%) for a loan interest rate of 1% Fifteen percent(15%) for a loan interest rate of 0 5% T 1Contrachng%ConstruchonlConsl ScopeWwordonl DOT PUBLIC WORKS TRUST FUND ATTACHMENT II: ATTORNEY'S CERTIFICATION 1, -rcAk f42k)a -t-lJZ. J hereby certify t am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the �=tT Oe le-zt4T (the LOCAL GOVERNMENT), and I have also examined any and all documents and record which are pertinent to the loan agreement, including the application requesting this financial assistance Based on the foregoing, it is my opinion that 1 The LOCAL GOVERNMENT is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds,to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application 2 The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement 3 There is currently no litigation in existence seeking to enfoin the commencement or completion of the above-described public facilities protect or to enjoin the LOCAL GOVERNMENT from repaying the Public Works Trust Fund loan extended by the DEPARTMENT with respect to such project The LOCAL GOVERNMENT is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the loan agreement 4 Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the LOCAL GOVERNMENT (eLtt,,- 5 O4- Signature of Attorney Date 13 Name 12il1�W'�,lZ U TY ' rrazm .`/ wS�a. 4 Name = 4em AVE. 5 . ter. wA R87 3Z Address T\Contracb*CONTRACMAttcert doc I j Kent CityCouncil Meeting g Date June 1, 2004 Category Consent Calendar 1. SUBJECT: SOOS CREEK WATER AND SEWER INTERLOCAL AGREEMENT REGARDING MERIDIAN VALLEY CREEK REALIGNMENT—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Interlocal Agreement with Soos Creek Water & Sewer District regarding the Meridian Valley Creek Realignment Project upon concurrence of the language therein by the City Attorney and the Public Works Director. 3. EXHIBITS: Public Works Director's memorandum and Soos Creek Water& Sewer District 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director • Phone 253-856-5500 KEN T Fax 253-856-6500 WASH N o T o N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: Ma 1 ,2004 TO: orks Committee FROM: ckstrom,Public Works Director THROUGH- SUBJECT: Soos Creek Water and Sewer Interlocal Agreement Regarding the Meridian Valley Creek Realignment Project MOTION. Recommend authorizing the Mayor to sign the Interlocal Agreement with Soos Creek Water & Sewer District upon concurrence of the language therein by the City Attorney and the Public Works Director. SUMMARY: An Interlocal Agreement between the City of Kent and Soos Creek Water and Sewer District that will authorize the City of Kent to obtain property from Soos Creek Water and Sewer District in the form of a Quit Claim Deed The property the City will be obtaining will be used to realign and restore Meridian Valley Creek The agreement also states responsibilities regarding the relocation of the driveway to the Soos Creek Water and Sewer District property,restoration responsibilities,reinforcement of a slope, scheduling, and abandonment of pipe and utilities for the portion of the property that the City of Kent will be obtaining for the stream restoration project BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact BACKGROUND The Meridian Valley Creek Realignment Project is located south of SE 256t`Street between 144ei Ave SE and 148"Ave SE in Kent The project will decommission the existing concrete flume on the south side of SE 256th Street and realign Meridian Valley Creek into a natural stream channel south-southeast of the flume and SE 256d' Street. The Agreement allows the City to take ownership of a portion of the Soos Creek Water and Sewer District property to relocate Meridian Valley Creek onto that property. The new stream channel will continue onto a parcel owned by the City of Kent and then to a parcel owned by King County before entering Big Soos Creek. The total realigned stream will be 1150 feet in length Mayor White and Kent City Council ] i INTERLOCAL AGREEMENT REGARDING SOOS CREEK WATER& SEWER DISTRICT LIFT STATION 10B AND CITY OF KENT'S MERIDIAN VALLEY CREEK RESTORATION THIS AGREEMENT is entered into this_day of 20042 by and between the CITY OF KENT, a Washington municipal corporation (hereinafter "City"),and SODS CREEK WATER AND SEWER DISTRICT, a Washington municipal 1 corporation(hereinafter"Soos Creek'),regarding construction of Soos Creek's lift station 1 OB and the City's relocation of Mendran Valley Creek south of SE 256" Street I. RECITALS iWHEREAS, Soos Creek owns real property with King County tax parcel number2722059178(the Property)located in the city of Kent,and Soos Creek has submitted application to the City for construction of a sanitary sewer lift station on the Property,and 1 WHEREAS, adjacent to the Property, housed in a concrete flume, is a portion of i Meridian Valley Creek,and the City is in the process of relocating Meridian Valley Creek to a more natural path,wluch would include relocation onto the Property,and WHEREAS, conflicts have arisen between the relocation of the Meridian Valley Creek and the location of the lift station and its necessary appurtenances, 1 NOW THEREFORE, in consideration of the mutual promises set forth herein,it is agreed by and between the parties as follows INTERLOCAL AGREEMENT LIFT STATION 1011—Page 1 (between City of Kent and Soos Creek Water&Sewer District) (May 7,2004) i i II. AGREEMENT I Relocation of dnveway. Soos Creek will relocate the driveway access for the lift station west of the upstream end ofthe flume so that it will not cross the path of Mendian Valley Creek when it is relocated by the City onto the Property The City shall be responsible for removing the existing access driveway east of Wetland 3 (approximately across from 146a'Avenue SE) when it relocates the stream The City shall also restore any areas disturbed by the removal of the access ' 2. Reinforce and Restore slope The City will extend and realign the outlet of the culvert under SE 256"' Street and orient the uppermost portion of the new Menchan Valley Creek reach so as to minimize the forces that creek flows will exert on the steep slope located adjacent to and north of the proposed lift station driveway on the Property The City will also pay for the cost of and complete the work necessary as a result of the stream restoration project to reinforce the toe of the steep slope and restore the steep slope and the surrounding area as shown in Exhibit A. The City agrees to maintain the slope and repair any future damage to the slope caused by the relocated stream so that the District's lift station is not impacted by erosion of the slope by the stream. 3. Abandonment of Pipe and Utilities Soos Creek will be constructing approximately one hundred and thirty eight(138)lmear feet of thirty(30)inch PVC pipe,as shown in Exhibit A, that will cross the path of the proposed relocated Mendian Valley Creek Soos Creek and the City will coordinate for abandonment of any other Soos Creek pipes or utilities that cross the path of the relocated Mendian Valley Creek The City will be responsible for abandoning said pipes or utibbes to District standards or shall reimburse Soos Creek for any costs incurred by the District in abandoning said pipes or utilities. The City will coordinate directly with all other utilities for the abandonment of any other facilities that maybe impacted by the relocation of Mendian Valley Creek Soos Creek will provide the City with copies of the construction record drawings for any District pipes or utilities that cross the path of the relocated Meridian Valley Creek, including any pipes or utilities that have been abandoned by the District. This abandonment agreement excludes the existing twenty-four(24)inch concrete sanitary sewer that traverses the slope north of the proposed new driveway Soos Creek agrees to execute and have recorded,ifnecessary,documentation of said abandonment. 4 Property transfer For mutual benefits derived, Soos Creek has agreed to convey by Quit Claim deed(the"Deed")to the City for two pieces ofreal property The first is a strip of land five(5)feet wide on the south side of the existing SE 256 h Street Right of Way to be used by the City for future SE 2561h Street road widening The location of this property is shown on Exhibit B as Area 1 The second is an area north and east of the proposed driveway and lift station to be used by the City for establishment of a riparian corridor for the proposed relocated Mendian Valley Creek The location of this property is shown on Exhibit B as Area 2 The Iegal descriptions for both Area 1 and Area 2 are INTERLOCAL AGREEMENT LIFT STATION IOB—Page 2 (between Cory of Kent and Soos Creek Water&Sewer District) (May 7, 2004) r attached to Exhibit B as Attachment 1 and 2. Soos Creek agrees to deliver the Deed within rfourteen(14)days of this Agreement being executed 1 5. Restoration responsibilities. The City is planning to complete extensive plantings adjacent to the proposed new creek The area where these plantings are planned is contained within areas that have been identified as"Restoration Area A,""Restoration Area B,"and"Restoration Area C"in the Associated Earth Sciences Report dated March 21,2003 titled "Wetland and Stream Buffer Impact Assessment, Restoration, and Monitoring Plan"(the"Restoration Report") These areas are shown on the attached Exhibit C As the City is planning plantings as part of the stream restoration project, Soos Creek will not be responsible for completing the plantings in Restoration Areas A, B, and C Soos Creek agrees to stabilize the disturbed soils in Restoration Areas A,B,and C with an appropriate grass seed mix approved by the City following construction of the lift station. The City shall be responsible for monitoring plant growth and replacing any plants as necessary in the restoration areas in order to maintain the established vegetation 6 Governing Law If any dispute arises between the City and Soos Creek under any of the provisions of this Agreement,jurisdiction of any resulting litigation shall be filed in King County Superior Court,King County,Washington This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any claim or lawsuit for damages ansing from the parties'performance ofthis Agreement,the prevailing party shall be entitled to compensation for all legal costs and attomey's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law 7 Modification. No waiver,alteration,or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Soos Creek 8 Severabilgy. If any part,paragraph,section or provision of this agreement is adjudged to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section,part or provision of this agreement 9 Notice All notices,requests,demands,or other communications provided for in this Agreement shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, address as the case may be , to the addresses listed below for each party,or to such other person or address as either party shall designate to the other from time to tune in writing forwarded in like manner. CITY OF KENT SOOS CREEK Attu Public Works Director Attn District Manager 220 Fourth Avenue South 14616 S E 192id Street INTERLOCAL AGREEMENT LIFT STATION I OB—Page 3 (between CUy of Kent andSoos Creek Water&Sewer District) (May 7,2004) r i Kent,WA 98403 Renton, WA 98058-1039 ' 10 Entire Agreement The written provisions and terms of this Agreement, together with any Exhibits attached hereto,shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement The entire agreement between the parties with respect to the subl ect matter hereunder is contained in tins Agreement and any Exhibits attached hereto. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement,the terms of this Agreement shall prevail 11. Schedule The City shall not perform any work related to construction of the stream relocation project in Area 1 as shown in Exhibit D unless the City provides 48-hours written notification to Soos Creek Water and Sewer District.The City shall reimburse Soos Creek for all costs incurred by Soos Creek and/or its contractor as a result of the City authorizing work in Area 1 12 Hold Harmless. City agrees to protect all Soos Creek facilities from damage during the construction of its stream restoration project The City shall be solely responsible and shall hold harmless the District for any damage to Soos Creek facilities that result from the actions of the City's contractors, employees,and agents in performance of their duties related to the stream relocation project. IN WITNESS WHEREOF,the undersigned hereby affix their hands and seals CITY OF KENT SODS CREEK WATER AND SEWER DISTRICT By By Print Name Jim White Print Name Ron Speer Its Mayor Its• District Manager Date Date. 1NTERLOCAL AGREEMENT LIFT STATION 1 OB—Page 4 (benveen City of Kent and Soos Creek Water&Sewer District) (May 7, 2004) r APPROVED AS TO FORM APPROVED AS TO FORM By By' Tom Brubaker Michael M Hams 1 Kent City Attomey Distnct Legal Counsel ri 1CmRFLLFS50pmFilob6tNnerbnLLdlSmml.7snYasund050/dm I I I I INTERLOCAL AGREEMENT LIFT STATION I OB—Page 5 (between City of Kent and Soar Creek Water&Sewer District) (May 7, 2004) r EXISTING CULVERT PROPOSED 30" PVC PIPE ' PROPOSED 36" DUCTILE IRON PIPE !. EXISTING 24" CONCRETE PIPE SE 256 STREET CURRENT CREEK ALIGNMENT (FLUME) ------------ - EXTEND CULVERT, 1 REINFORCE AND RESTORE SLOPE AS NECESSARY i p CITY OF :FOR STREAM —J \� KENT PROJECT I 176 PROPOSED SODS CREEK LIFT STATION 10B SOOS CREEK WATER ' AND SEWER DISTRICT SWANSON 186 I - I _ 1 -- 1 LEGEND PROPOSED NEW RIPARIAN CORRIDOR WETLAND —••— PROPOSED NEW CREEK ALIGNMENT € PROPERTY LINE w Y RIGHT—OF—WAY LINE DATE CITY OF KENT b 07 04 1"HEERINO DCPARTMENT s SME EXHIBIT A: LIFT STATION ICE g KENT i`—iza INTERLOCAL AGREEMENT �g 9 1 i - ! - • AREA 1 ` SE 256 STREET - - - - -- - -- - - -- 7r% ' 1 • L_LJI I r--1 I _ - i 7i i `' � ''•\ CITY KT PROPOSED SODS CREEK J// LIFT STATION IOB AREA 2 SODS CREEK WATER \� AND SEWER DISTRICT 178 ' I SWANSON 186 - I I . I LEGEND CC�� AREA 1 C _—] AREA 2 rit WETLAND ' —••—•.•— PROPOSED NEW CREEK ALIGNMENT T --- PROPERTY LINE N RIGHT-OF-WAY LINE p� DATE HEXHIBIT TY OF KENT aNEERINO DEPARTMENT ' stuF B: LIFT STATION 10B KENTERLOCAL AGREEMENT R��FIN S iV 1 ATTACHMENT AREA 1 STORM DRAIN EASEMENT THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 22 NORTH, RANGE 5 EAST, W M IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS ' BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 45 00 FEET OF SAID SUBDIVISION WITH THE WEST LINE OF THE EAST 330.00 FEET OF SAID SUBDIVISION,THENCE N88048'06°W, ALONG SAID SOUTH LINE TO THE EAST LINE OF THE PLAT OF EASTWIND AS RECORDED 1N VOLUME 139 OF PLATS, PAGES 63 TO 65, RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTHERLY, ALONG SAID EAST LINE AND ITS NORTHERLY PROLONGATION 5 00 FEET TO THE SOUTH LINE OF THE NORTH 40 00 FEET OF SAID SUBDIVISION; THENCE EASTERLY, ALONG SAID SOUTH LINE, TO THE AFORESAID WEST LINE OF THE EAST 330 00 FEET, THENCE SOUTHERLY, ALONG SAID WEST LINE 5 00 FEET TO THE POINT OF BEGINNING KN •, 78 t� L LAK9 t7fP1RF8At � �8 Z00 Y 1 1 1 ATTACHMENT 2 AREA 2 ' SE 256T" FLUME INTERLOCAL AGREEMENT ' THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 22 NORTH, RANGE 5 EAST,W M IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS ' COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION, THENCE ALONG THE NORTH LINE OF SAID SECTION N88048'06"W 330 00 FEET TO THE WEST LINE OF THE EAST 330.00 FEET OF SAID SUBDIVISION, THENCE S00057'10"W, ALONG SAID WEST LINE, 45 00 FEET TO THE SOUTH LINE OF THE NORTH 45 00 FEET OF SAID SUBDIVISION AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND, THENCE CONTINUING ALONG SAID WEST LINE S00057'10"W 387 79 FEET, THENCE N74054'09"W 72 28 FEET, THENCE N44043'56"W 63 53 FEET, THENCE N49051'37"W 38.96 FEET, THENCE N26042'57"W 49 15 FEET, THENCE N62001'43"W 77 73 FEET,THENCE N35024'03"W 78 64 FEET, THENCE N60014'06"W 13 71 FEET, THENCE N46022'37"E 13 85 FEET, THENCE N37055'05"E 22 92 FEET, THENCE N52004'11"W 92 98 FEET, THENCE N89059'56"W 169 11 FEET, THENCE 800045'10"W 2 50 FEET TO A POINT OF CURVATURE AND THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 99 00 FEET, THE CENTER OF WHICH BEARS N00045'06"E, THENCE NORTHWESTERLY ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 43042'11", AN ARC DISTANCE OF 75 51 FEET, THENCE N4503243"W 39 07 FEET TO A POINT OF CURVATURE AND THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 29 00 FEET, THE CENTER OF WHICH BEARS N44027'17"E THENCE NORTHWESTERLY ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 46044'45",AN ARC DISTANCE OF 23.66 FEET, THENCE N01011'56"E 1 10 FEET TO THE SOUTH LINE OF THE NORTH 45 00 FEET OF SAID SUBDIVISION; THENCE 888048'06"E, ALONG SAID SOUTH LINE, 622 03 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 107,599 SQ. FT. OR 2 47 ACRES KNOW 3W ��.4 CISiE4f�. ' �L LAN9 EXPMD/�10V. IS Z44 A Plzl1, T� Zoo�f 1 SE 256TH STREET 22e NB8'48'06'W 983.76 N88'48'O6'N 22 23 5 00 27 655 33 AREA 1- 5.00 FT. STDRW EASEMENT d� 330.D0 2726 33 37 C2 L15 L16 f TPOB L14 AREA DESCRIBED LINE ARC CHORD BEARING RADIUS DELTA :'� C1 AREA 2 s L1 387 79ft S00'57'f0'M L2 72 28ft N74-54 09"W Lf3 L12 Lit AREA - 107,599 SD. FEET ^ L3 63 53ft N44'43'56'W 2 47 ACRES L4 38 96ft N49'S 1'37'W SODS CREEK WATER L10 o L5 49 15ft N26'42'57'W i L9 N N L6 77 73ft N62'01'43'W AND SEVER DISTRICT L8 L7 78 64ft N35'24'03'W 178 L7 w E LS 13.71ft N60'14 06'W ' LA. L9 13 85ft N46'22'37"E L10 22 92ft N37'55'05'E SCALE 1 -100 L6 s Lit 92 98ft N52'04'11"W L12 159 Sift NB9'59'56"W L5 L13 2 50ft S00'45'10'N I fB6 0 100 200 C1 75 51ft N67'23'49"W 99 00ft 43'42 IS' L4 L14 39 07ft N45'32'43'W L3 C2 23 66ft N22'10'20'W 29 00ft 46'44'45' L15 1 10ft NO1'11'56'E L2 L16 522 03ft SSS-48.06-E ' f76 RESTORATION -_- 4— AREA A SE 256 STREET ----- - -�� -- —_ ••� —•"-�,.RESTORATION f y t ' t AREAS I-Tlt .1•�,+� ` , -\ •J III tit .r^, 1 ^ CITY OF KENT PROPOSED SODS CREEK ; RESTORATION LIFT STATION 108 AREA C CD SODS CREEK WATER AND SEWER DISTRICT \� f SWANSON i 186 1 I I LEGEND C---� PROPOSED NEW RIPARIAN CORRIDOR —_] RESTORATION AREA WETLAND —• •—-- PROPOSED NEW CREEK ALIGNMENT — PROPERTY LINE RIGHT-OF-WAY LINE d DATE CITY OF KENT 8 01 2004 ENGINEERING DEPARTMENT ��• SCALE EXHIBIT C. LIFT STATION t OB �r ICI�NT 1--\20_ INTERLOCAL AGREEMENT s EXISTING CULVERT PROPOSED 30" PVC PIPE ' PROPOSED 36" DUCTILE IRON PIPE EXISTING 24" CONCRETE PIPE SE 256 STREET CURRENT CREEK _ - ALIGNMENT (FLUME) BASEMENT -- 1 0' SETBACK It ` ARFA i FROM WETLAND � f'�'� BOUNDARY ' \91\ ---------------- EXTEND ' CULVERT, REINFORCE AND RESTORE SLOPE 'Z 7 >`' N% \ AS NECESSARY i i \ CITY OF FOR STREAM � KENT ASEMENT PROJECT 10' SETBACK\ AREA 2 176 PROPOSED SOOS CREEK FROM WETLAND--,, �• ! O LIFT STATION 106 BOUNDARY ' SOOS CREEK WATER \\ AND SEWER DISTRICT \� J ' SWANSON 186 1 LEGEND - - - - - --I PROPOSED EASEMENT AREAS WETLAND •— — PROPOSED NEW CREEK ALIGNMENT PROPERTY LINE RIGHT-OF-WAY LINE a DATE CITY OF KENT 01 2004 ENDINEERINO DEPARTMENT SCALE EXHIBIT D: LIFT STATION tOB KENT 1'=120 INTERIOCAL AGREEMENT r r Kent City Council Meeting Date June 1, 2004 Category Consent Calendar 1. SUBJECT: MILLENNIUM ELEMENTARY SCHOOL LATECOMERS ' AGREEMENT—AUTHORIZE r 2. SUMMARY STATEMENT: Authorize the Public Works Director to execute a Sanitary Sewer Latecomer Agreement with the Kent School District for the Millennium Elementary School Sewer Extension. r r 3. EXHIBITS: Public Works Director's memorandum and Sewer Latecomer rAgreement 4. RECOMMENDED BY: Public Works Director r (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT ' Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No r If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds rDISCUSSION: IACTION: Council Agenda Item No. 6J ' PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 Fax 253-858-8500 K E N T Address 220 Fourth Avenue S W A S N I N O T O N Kent,WA 98032-5895 ' DATE: 3!3 4 TO: M to and Kent City Council FROM: Do rckstrom,Pubhc Works Director ' THROUGH: SUBJECT: Millenium Elementary School Latecomer Agreement k, ' MOTION:Recommend Council authorization for the Public Works Director to execute a Sewer Latecomer Agreement with the Kent School District for the Millenium Elementary School Sewer Extension SUMMARY:The developer,Kent School Distnct,has requested a sewer latecomer agreement for the extension of the city's sarutary sewer mam Seven properties originally were determined ' to benefit from the extension,including the elementary school Two of those properties have since been deemed ineligible for inclusion m the latecomers contract because they were developed and connected to sewer Imes before the agreement was prepared Those two properties are now know as the Cottonwood development Another parcel paid an estimated latecomers assessment to the city,with an agreement to pay further latecomers fees or to be reimbursed for any overpayment when the final assessment amounts were calculated The Public Works Director requests authorization to enter into a latecomer agreement with this ' developer for the remauung three properties BUDGET IMPACT-No Unbudgeted Fiscal/Personnel Impact BACKGROUND: See above Mayor White and Kent City Council Miltemum Elementary School Sewer Latecomer Agreement-Authonze March 30,2004 1 ' AFTER RECORDING RETURN DOCUMENT TO: 7 City of Kent 220 4th Avenue South ' Kent, Washington 98032 Attn: Property Management Reference Number of Related Document: ' Grantoe(s) : KENT PUBLIC SCHOOL DISTRICT #415 Grantee(s) : CITY OF YAM Abbreviated Legal Description: SIR 282205 TAXLOT 185, 187, & 201 Additional Legal Description is on Page(s) 2 of Document ' Assessor Tax Parcel No. : 282205 9185, 282205 9187, 282205 9201 PROJECT NAME: ELEMENTARY SCHOOL #30 SEWER EXTENSION SEWER LATECOMER AGREEMENT This Agreement made this day of 20 , ' between the City of Kent, a Municipal Corporation, hereafter called the "City", and KENT PUBLIC SCHOOL DISTRICT #415 hereafter called the "Owner". ' WHEREAS Owner has constructed at its expense a SANITARY SEWER line, hereafter called "improvements", and, WHEREAS the parties desire to provide that any party ' thereafter tapping, connecting, or benefiting from said improvements will pay a pro-rata cost of said line in accordance with Chapter 35.91 of the revised Code of Washington and the terms thereof. This notice DOES NOT constitute a lien on the ' properties described herein and is collectable only when an application is made to connect or tap into the line herein described. ' NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. The Owner has constructed 1250 L.P. OP ea SEWER MAIN WITH APPURTENANCES for a total cost of $93,298. 2. The Owner does grant and convey the above described improvements to the City free of any liens or encumbrances and the City hereby approves and accepts said improvements which approval and acceptance was authorized by motion duly seconded and passed at a regular City Council meeting on the ISTH day of MAY 2004. Page 1 of 3 described in Paragraph 3 above desire to tap into the ' improvements, the City will require that payment on behalf of the owner be made in accordance with Section 5 above, prior to any such tap being made. I � 9. Authorization for this Agreement approved by City Council on the 16TH day of MAY 2004. IN WITNESS WHEREOF the parties have caused this Agreement to ' be executed on the day and year first above written. ' ➢FITNESS OWNER(S) DATE DATE � MAKE CHECK PAYABLE TO:RENT PUBLIC SCHOOL DISTRICT #415 MAIL CHECK TO: 12033 S.E. 256T8 ST., BUILDING B K=, WA 98031-6643 I WITNESS CITY OF RENT ' BY: BY: GERALD B. mcCAUGHM DON WICKSTROM, P.E. PROPERTY MANAGER DIRECTOR OF PUBLIC WORKS Page 3 of 3 P PH ' v LL!Iijj tlN O° :r D e e t2a tag e� co g W-4 e e e E- ,-� -' r I 1 _I 1 ! " hill -- '�-� �i�I • INTmill 4r •I I I i f CD Via cn _j I*AI slim 1 '04-1i •1 I Il � / �I T UM I 30 CO CD lop migo 46, '=j1'rl�Ijrl� '�I�^I .� 1 - I � I ) 1 �- -----�t�r `, ;■ • ��\ I � ■ � 1 �Ate;�i ,i' �--- -� �� A& Kent City Council Meeting Date June 1, 2004 Category Consent Calendar 1. SUBJECT: CABLE TELEVISON CONDUITS, STREET CROSSING AND MAINLINE DISTRIBUTION CONDUITS ORDINANCE—ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. which amends section 7.10.040 of the Kent City Code regarding the installation of cable television conduits for street crossings and mainline distribution. 3. EXHIBITS: Ordinance and Tom Brubaker's memorandum to the Public Works Committee 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K LAW DEPARTMENT Tom Brubaker, City Attorney Phone 253-856-5770 K E N T Fax 253-856 6770 WAS HINOTON Address- 220 Fourth Avenue S. Kent, WA. 98032-5895 May 5, 2004 jTo Public Works Committee From Tom Brubaker, City Attorney Regarding- Cable Television Conduits— Street Crossing & Mainline Distribution Conduits - Ordinance MOTION: I move to recommend that the City Council adopt the proposed ordinance which amends Section 7.10.040 of the Kent City Code regarding the installation of cable television conduits for street crossings and mainline distribution. SUMMARY: On November 15, 1982, the City Council enacted Ordinance No. 2376 which added a new section to the Kent City Code("KCC')regarding the installation of underground cable television conduits This ordinance is now codified as KCC 7.10 040. The intent of the ordinance was to encourage the provision and extension of cable television service, which was a new technology at that time. The ordinance required that developers and/or landowners install and pay for street crossing conduits and mainline distribution conduits at the same time they installed sewer or water utilities This requirement precluded the necessity for disturbing streets, sidewalks, and alleyways when cable television service connections were extended to serve any residential development or building site However, now that the technology is established and because the existing franchise requires the cable operator to provide nearly all City residents with cable availability, it is inconsistent with the franchise and no longer necessary to impose this requirement on landowners and developers. BUDGETIMPACT None r¢+.ra.m M,VcrC+rmewr Nusv.ns. i t ORDINANCE NO. i AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 7.10.040 of the Kent City Code in order to clarify the intent of the original ordinance with respect to the installation of cable television street crossing conduits and mainline distribution conduits. RECITALS A. On November 15, 1982, the City Council enacted Ordinance No. 2376 which added a new section to the Kent City Code ("KCC") regarding the installation of underground cable television conduits. This ordinance is now codified as KCC 7.10.040. B. The intent of the ordinance was to encourage the provision of cable television service, which was a new technology at that time, to City residents. The ordinance required that developers and/or landowners install street crossing conduits and mainline distribution conduits at the same time they installed sewer or water utilities. This requirement precluded the necessity for disturbing streets, sidewalks, and alleyways when cable television service connections are extended to serve any residential development or building site. j 1 Cable Television Conduits—Street Crossing&Mainline Distrib. Conduits i i C. Now that technology is established and because the existing franchise requires the cable operator to provide nearly all City residents with cable availability, it is inconsistent with the franchise and no longer necessary to impose this requirement on landowners and developers. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Section 7.10.040 of the Kent City Code is amended as follows: Sec. 7.10.040. Cable television conduit. A. When a developer and/or landowner extends sewer or water utility mains to serve a residential development or building site, cable television conduits shall be laid underground at the same time as those other utilities. This will include only the conduits that are to be installed between the curb lines within any City street. -fists will inelude enly the eendiiits needed for- street Fessings and for- mainline distFibutien E)f eable teleiision thmughetit the development. All eanduit ends shall be brought te eaeb individualprepei4y t: elbowed to the final gr-eund elevation_and n_2uped. 13. The developer- and/or- landewneF ..hall ..L...orb the Best required to install sue ..lute televisioneenduit to e ..1.. individual e.-ty line ..i ieh eludes .,"it tre...hin.. and easements. BE. This section will preclude the necessity for disturbing streets, sidewalks, and alleyways when cable television service connections are extended to serve any residential development or building site. 2 Cable Television Conduits—Street Crossing&Mainline Distrib.Conduits I CD. All conduits shall be installed according to cable television specifications and with the approval of the director of public works or his designee. SECTION 2. — Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. I� SECTION 3. —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: i BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: f� k TOM BRUBAKER, CITY ATTORNEY 3 Cable Television Conduits—Street Crossing&Mainline Distrib. Conduits i PASSED: day of June, 2004. APPROVED: day of June, 2004. PUBLISHED: day of June, 2004. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. I (SEAL) BRENDA JACOBER, CITY CLERK P'CinFON�IN0.N(1`GbkTVCmtlu0.Mt I + I 1 I j li II � t 4 Cable Television Conduits—Street Crossing&Mainline Distrib.Conduits Kent City Council Meeting Date June 1, 2004 Category Consent Calendar 1. SUBJECT: 2004 COMPREHENSIVE PLAN UPDATE—ADOPT 2. SUMMARY STATEMENT: Approve Kent's 2004 Comprehensive Plan Update as recommended by the City Council Planning & Economic Development Committee, and direct the City Attorney to prepare the necessary ordinance. The Washington State Growth Management Act (RCW 36.70A.130(4)) requires the City of Kent to review and revise their comprehensive plan and development regulations for compliance with the Act by December 1, 2004. 3. EXHIBITS: 5/21/04 staff memo; Minutes from 3/8/04 and 5/17/04 LU&PB and Planning & Economic Development Committee meetings respectively 4. RECOMMENDED BY: Planninsz & Economic Development Committee (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6L COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES KENT Charlene Anderson,AICP, Manager W A S ENT N O T O N Phone,253-856-5454 Fax: 253-856-6454 Address. 220 Fourth Avenue S. Kent,WA 99032-5895 MAY 21, 2004 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JULIE PETERSON AND CITY COUNCIL MEMBERS FROM: GLORIA GOULD-WESSEN,AICP, GIS COORDINATOR/PLANNER THROUGH: MAYOR JIM WHITE RE: 2004 COMPREHENSIVE PLAN UPDATE (#CPA-2002-1) MOTION: Approve Kent's 2004 Comprehensive Plan Update as recommended by the Planning& Economic Development C ommittee, and direct the City Attorney to prepare the necessary ordinance. SUMMARY: The City of Kent is updating its Comprehensive Plan in an effort to comply with the State Growth Management Act (GMA) pursuant to RCW 36.70A.130(4). Overall, the proposed update does not substantially change the direction, theme, goals, or policies of the Plan adopted in 1995. As such, the Environmental Impact Statement (#ENV-93-51) associated with the 1995 Plan is still appropriate and required simply an addendum which was completed March 1, 2004. The Planning & Economic Development Committee recommended approval of the Plan as forwarded by the Land Use&Planning Board with amendments to Policies TR-5.6 and LU-9.1. BUDGET IMPACT: None BACKGROUND: The 2004 Comprehensive Plan Update addresses the following issues: • GMA compliance; • Demographic adjustments based on the City's new boundaries and 2000 Census data; • Household and employment allocations per the Buildable Lands and Targets subcommittee using forecasts developed by Puget Sound Regional Council (PSRC) and the State Office of Finance and Management (OFM); • Refinements based on a variety of new and updated regional planning documents, such as King County Countywide Planning Policies (2003), and PSRC's VISION 2020 (1993) and Destination 2030 (2001); 1 • New language to reflect planning documents the City has adopted, such as the 2003-2007 Consolidated Plan for Housing & Commumty Development (2002), Interim 2000 Comprehensive Park, Recreation and Community Services Plan (2000), Kent Economic Development Strategic Plan (2003), and the Downtown Strategic Action Plan (1998); 0 Results from the"Innovative Housing Workshop" (2002); • Performance measures based on Kent Performance Measurement Report (2001), Kent Fire & Life Safety Strategic Plan (2001), and City of Kent Police Strategic Plan —Draft (2003) for the purpose of evaluating levels-of-service; • Appendices including goals and policies from the 1999 City of Kent Shoreline Master Program; and • Six-year C apital Improvement P rogram funding sources f or 2 004-2009 f or t he C apital Facilities Project and Transportation Capital Improvements Program. After 20 workshops and 14 public hearings, on March 8, 2004 the LU&PB voted to forward to City Council Kent's Comprehensive Plan update with a recommendation of approval along with the following concerns expressed by Board member David Malik: • Change zoning on 272nd between Military Road and I-5—behind Circle K; • Change zoning on Pacific Highway to allow for the development of car lot sales and a casino to generate a source of revenue for the City of Kent; • Review zoning on Mobile Home Parks; (� • If storm water regulations are amended, the City should incorporate those changes with 1] new regulations to notify developers, real estate agents and property owners; and • Concerning storm water regulations, staff needs to provide public notification to citizens, developers, real estate companies, owners or agents and brokers prior to implementing any proposed changes. The concerns generally do not relate to the update of the Comprehensive Plan, but rather to implementing regulations. There was no action taken at this time by the Planning & Economic Development Committee on these concerns. At their May 17t4 meeting, the Planning &Economic Development Committee recommended the following amendments to the Plan as recommended by the Board: (see highlighted text): ❖ Policy TR- .6—L jj� the development of new cul-de-sac streets except where there are geographic or environmental constraints that make connections to other streets infeasible. te s4aatiens "ere eentinuation ef the read at some time ill the futum is Unlikely. ❖ Policy LU-9.1 — '� tie increasing residential densities ,t,..,.,,..t,,., the Petei:Aial A i..exatie Are., shetild be at least of to four fA)units per net acre, as defined through decisions by Central Puget Sound Growth Management Heanngs Board(the Board), in order to adequately support urban services. Council was previously provided a copy of the Plan as approved by the Land Use&Planning r Board. GGMpm 51Permit\Plan\CompPlanAmdmentslmffreports\CPA-2002-iCouncilMemo_060104bdoc Enc Minutes of March 8, 2004 LU&P13 Meeting, Minutes of May 17, 2004 Planning & Economic Development Committee, RCW 36 70A 130(4) Kent City Council June 1,2004 #CPA-2002-1 -2004 Comprehensive Plan Update COMMUNITY DEVELOPMENT Fred N Satterstrom, C. D Director PLANNING SERVICES • Charlene Anderson,AICP, Manager KEN T Phone-253-856-5454 WASHINGYON Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent,WA 98032-5895 LAND USE & PLANNING BOARD MINUTES PUBLIC HEARING MARCH 8, 2004 The meeting of the Kent Land Use and Planning Board was called to order by Chair Jon Johnson at 7:00 p.m. on Monday, March 8, 2004 in Chambers West of Kent City Hall. LUPB MEMBERS PRESENT: STAFF MEMBERS PRESENT: Jon Johnson, Chair Charlene Anderson, AICP, Planning Manager Greg Worthing, Vice Chair William Osborne, Planner Steve Dowell Kim Marousek, Principal Planner Theresa Ferguson Pat Fitzpatrick, Deputy City Attorney David Malik Bill Wolinski, Environmental Engineer Mgr, Public Works Elizabeth Watson Gary Gill, City Engineer, Public Works LUPB MEMBERS ABSENT: Nicole Fetcher, Unexcused APPROVAL OF MINUTES None ADDED ITEMS None COMMUNICATIONS Chair Johnson welcomed the newest Board member Theresa Ferguson. NOTICE OF UPCOMING MEETINGS None #CPA-2002-1 2002/2004 KENT COMPREHENSIVE PLAN UPDATE Long Range Planner Gloria Gould-Wessen acknowledged the involvement of the various departments over the course of the last year and a half in bringing the Comprehensive Plan together. Ms. Gould-Wessen entered the following Exhibits concerning the entire Comprehensive Plan for the Record: — Exhibit#1 from Don Shaffer dated February 9, 2004 — Exhibit#2 from W.S.C.T.E.D. dated February 23, 2004, — Exhibit #3 from the Urban Policy Advocates with the 1000 Friends of Washington dated February 27, 2004. — Three Exhibits concerning the Land Use Element: o Communication from David Hoffman dated January 17, 2003 o Communication from Melvin Roberts with K.B.A B. dated February 10, 2003. o Communication from David Hoffman dated February 11, 2003. One Exhibit concerning the Housing Element. o Exhibit#5 Communication from Tim Attebery dated June 14, 2003. One Exhibit concerning the Capital Facilities Element. o Exhibit #6 Communication indicating corrections to the school map from Gwenn Escher-Derdowski with the school district dated August 8/21/03. One Exhibit concerning feedback on the Comprehensive Plan o Exhibit #10 Communication from Rocky Pero with Puget Sound Regional Council dated 12/17/03. Ms. Gould-Wessen asked the Board to acknowledge as well all Exhibits submitted for the record at Comprehensive Plan Update public hearings held over the past 1 '% years. Steve Dowell MOVED and Greg Worthing SECONDED to accept these exhibits Into the record. Motion CARRIED. Ms. Gould-Wessen explained that the State Growth Management Act mandates that the Comprehensive Plan be updated every seven years. Ms. Gould-Wessen described the process involved in the development of the original Comprehensive Plan. She described how the existing comprehensive plan is reflected in today's Kent, what the updated version of the Comprehensive Plan is comprised of and the relationship between the old and the new Comprehensive Plan. Ms. Gould-Wessen described the Comprehensive Plan as a legal document that guides the city in terms of the adoption and application of regulations. She stated that the Comprehensive Plan establishes the services that our City provides today and into the future, legitimizes various city operating plans, as well as establishes funding mechanisms by which the City will provide those services. Ms.Gould-Wessen explained that the Comprehensive Plan consists of twelve chapters, of which eight are elements, with the Human Services and Community Design Elements considered optional. Ms. Gould-Wessen stated some of the themes in the GMA as well as in the City's Framework Policies. Kent supports Urban Density to minimize sprawl; encourages Mixed-Use Development to accommodate the 20-year growth projections, and designates areas for multifamily housing; the City is dedicated to developing neighborhood plans; has designated the Urban Center and Industrial/Manufacturing Centers and has conserved and enhanced our agricultural lands; the City is committed to developing multimodal transportation and to extending our public facilities first to urban areas; the City encourages housing for all income levels and is developing an urban design strategy; the City supports the provision of Human Services, is committed to preserving the natural environment, maintaining the City's active and passive recreation and designating open space corridors; preserves and enhancing its historic buildings; and the City is committed to protecting property rights, maintaining fair and timely permit processes, promotes public participation and awareness; and coordinating our efforts regionally. Ms. Gould-Wessen explained how Kent reflects the Comprehensive Plan and how Kent has succeeded in many of these framework policies. She stated that Kent has built the Kent Train Station for the Sounder Commuter Rail Service. Kent has designated its Urban Center and from that designation created a Downtown Strategic Action Plan and codified the Downtown Design Guidelines to ensure a beautiful, livable and vibrant center; and through that process is moving forward on the Kent Station development project. Ms. Gould-Wessen stated that Kent has already created housing opportunities through a Cluster Housing Ordinance and the implementation of more flexibility in the C ity's Planned U nit Development regulations. S he stated that land use policies have changed slightly to incorporate urban separators as well as to affirm the City's support for agricultural land uses. She also stated that the Parks and Recreation Department has developed the East Hill Youth Sports Complex, Skate Parks, Claris Lake a nd the K ent V alley I ce C enter. S he s tated t hat K ent h as a Iso b een d eveloping t he City's road system to manage the heavy traffic in Kent. Kent has completed the 2771h Street Corridor, 212th Street and the 1960' Street Bypass. Land Use and Planning Board Minutes March B,2004 Page 2 of 4 1 Ms. Gould-Wessen stated that the basic principles in the Comprehensive Plan are still valid today. She stated that some changes have occurred in the Comprehensive Plan. They are new demographics, Inventories, and grammar and punctuation changes; incorporation of local and regional policies, and updates based on the GMA. Ms. Gould-Wessen described the changes in the Framework Element as minor. Changes include: maintaining agricultural lands and urban center, preserving regional ecosystems and designated ecological corridors; enhancing the natural environment, and including language on Best Available Science as mandated by the GMA. Ms. Gould-Wessen gave an overview of changes to each Element of the Comprehensive Plan (also known as Chapter's 1 through 12). Ms. Gould-Wessen described when asked by Steve Dowell what the newest changes brought to the Board included: a new Table 4.1 in the Land Use Element that accounts for the acreage within each land use designation and what kind of zoning would be allowed in each land use; revisions to land use policies (i.e. LU-9.1 & 9.2) based on comments by the State Department of Community Trade & Economic Development (CTED) and 1,000 Friends of Washington concerning 4-dwelling units per net acre and establishment of flexible regulations to support urban density; Map changes of Figures 8.3 & 8.4 to include Tukwila sewer and water districts and Figures 9.1 & 9.3 to Illustrate all of Kent classified roads and give full recognition that Kent Bicycle Advisory board conducted the Bicycle Facilities inventory; the inclusion per GMA of the Kent Shoreline Master Program's goals & policies, and expansion of the Supporting Documents appendices. Ms. Gould-Wessen addressed questions from David Malik concerning the 2001 Storm Water Manual. Chair Johnson declared the Public Hearing open. Mr. Novak, 29226 11ath Avenue SE, Auburn, WA opined that the 2002-2004 Comprehensive Plan needs to include a revised Critical Areas Ordinance reflected in the Land Use Policies and all areas of the Comprehensive Plan affected by a revision to the Critical Areas Ordinance. Mr. Novak spoke about his concerns concerning the Endangered Species Act and the development of environmental regulations that would prevent further diminishment of the wild salmon in our region, stating the Comprehensive Plan should encompass that issue. In response to Mr. Novak, Ms. Gould-Wessen stated that the Critical Areas Ordinance would be a subject coming before the Board within the next couple of months. Ms. Gould-Wessen also described several policies which addressed Mr. Novak's concerns (namely LU-22.2, LU- 22.3, LU-26.9, and LU-26.10). Chair Johnson expressed the Board's desire to include Mr. Novak's input when the Critical Areas Ordinance is brought before the Board for consideration. Ms. Gould-Wessen clarified that the Critical Areas Ordinance will be regulatory in nature and support what has been written in Kent's Comprehensive Plan. Seeing no further speakers, Steve Dowell MOVED and David Malik SECONDED to close the public hearing. Motion CARRIED. Ms. Gould-Wessen stated that staff anticipates a Council study workshop on March 30th where the Comprehensive Plan will be presented in its entirety and discussed by Council; staff anticipates direction from Council at that point. Land Use and Planning Board Minutes March 8,2004 Page 3 of 4 After deliberating, the Board members voiced their support to send the Updated Comprehensive Plan to City Council along with conditions as stated by David Malik. Steve Dowell MOVED and Elizabeth Watson SECONDED to forward CPA-2002-1 Kent's Comprehensive Plan Update to City Council with a recommendation of approval along with the following concerns expressed by David Malik: • Change zoning on 272"d between Military Road and 1-5 — behind Circle K and • Change zoning on Pacific Highway to allow for the development of car lot sales and a casino to generate a source of revenue for the City of Kent. • Review zoning on Mobile Home Parks • If Storm Water Regulations are amended, the City should incorporate those changes with new regulations to notify developers, real estate agents and property owners. • Concerning Storm water Regulations, staff needs to provide public notification to citizens, developers, real estate companies, owners or agents and brokers prior to implementing any proposed changes. Motion CARRIED 5 to 0 with Board Member Ferguson abstaining. REVISION OF LAND USE & PLANNING BOARD BY-LAWS Planning Manager Charlene Anderson stated that there was no provision in the By-Laws for notification of absences and felt it appropriate to include proposed language which states "a Board Member shall notify the Planning Manager or Board Chair whenever the member will be absent from a workshop, regular or special meeting, providing a reason for the absence. Failure to do so will result in an unexcused absence." She stated that this provision provides a method of better documenting absences. Ms. Anderson stated that the other proposed amendment deals with the need for four affirmative votes on comprehensive plan amendments and on election of officers. She stated that just recently there were many three to two votes on an issue before the Board based typically on the fact that a full contingent of Board members was not present. The proposal in the amended By-Laws is to take that requirement for four affirmative votes out and leave let the quorum majority decide an issue. Ms. Anderson stated that the third proposed change talks about recording of minutes. She stated that the Board has inquired as to why we need to record retreats, workshops etc. The Law Department found no legal requirement to record workshops or retreats. The proposed amendment would require recording of a meeting only when a public hearing is held at the meeting. After deliberating, the Board decided that they would discuss this at the next Board workshop. ADJOURNMENT Steve Dowell MOVED and David Malik SECONDED to adjourn the meeting. Motion CARRIED. The meeting adjourned at 8:20 pm. Respectfully Submitted, Charlene Anderson, AICP, Planning Manager t Secretary, Land Use and Planning Board S.IPermitTlan1LUPB120041Minutes1030804mm doc Land Use and Planning Board Minutes March 8,2004 Page 4 of 4 PLANNING&ECONOMIC DEVELOPMENT COMMITTEE MINUTES May 17,2004 COMMITTEE MEMBERS: Chair Tim Clark,Ron Harmon,Bruce White The meeting was called to order by Chair Clark at 4:00 P.M. Approval of Minutes of April 19,2004 Committee Member White moved and Committee Member Harmon seconded a motion to approve the minutes of the April 19, 2004 meeting. The Motion carried 3-0. 2004 Comprehensive Plan Update(#CPA-2002-1) Planner Gloria Gould-Wessen explained the process by which Kent's Comprehensive Plan (the Plan) had been updated. She summarized the update and focused on concerns identified in Council Study Sessions. Ms Gould-Wessen and Community Development Director Fred Satterstrom addressed the Committee's concerns with the proposed language in Policy TR-6.6 for cul-de-sac streets and the history on connectivity After discussion,the Committee agreed to return the original word "Limit"and remove the word"Prohibit". Ms. Gould-Wessen explained the need for the Policy LU-9.1 on urban density and responded to the Committee's c oncerns. A fter d iscussion, t he C ommittee a greed t o k eep t he w ord "Encourage"from a n earlier edited version of the policy and remove the word "Consider", so as to read `Encourage Increasing residential densities to four(4) units per net acre,..." Council President Julie Peterson expressed concerns with either wording for Policy LU-9.L Assistant City Attorney Kim Adams Pratt responded to the Committee's questions concerning changing the language further without holding a public hearing, and reaffirmed the aforementioned changes could be made with no additional public hearings. Ms. Gould-Wessen identified three (3) options for moving forward on Policy LU-9.1 The Committee unanimously favored adding to Planning Services' 2004 Work Program the item to analyze all SF-1 and SF-3 land use designations based on case law from the Growth Management Hearings Board on urban density. This matter would be brought forward in the following "Supporting Regulations (#CPA-2004-1)" Ron Harmon moved and Bruce White seconded a motion to recommend approval of#CPA-2002-1 2004 Comprehensive Plan Update as recommended by the Land Use and Planning Board and forward to the full City Council for adoption with amendments. Motion Carried 3-0. 2004 Comprehensive Plan Update-Supporting Regulations(#CPZ-2004-1) Ms. Gould-Wessen outlined completed regulatory actions that support the 2004 Comprehensive Plan Update (the Plan)and State GMA legislation, as well as regulatory actions presently in progress. Ms. Gould-Wessen identified existing and future strategic or operating plans that support the Plan. She announced that Public Works is generating a Comprehensive Transportation Plan and that Planning Services is in the process of updating the Downtown Strategic Action Plan. Ms. Gould-Wessen explained that Titles 11, 12 and 15 of the City Code will be reviewed to assess compliance with updates in the Plan and GMA legislation. She described how staff proposes to take a strategic approach in the development of regulations, using tools provided by state and regional agencies involved in GMA. 1 Chair Clark voiced his concerns over County land use actions in Kent's PAA that conflict with the City's land use policy on casinos and wanted to know how to protect the City's interests within the PAA. Planning Manager Charlene Anderson addressed Chair Clark's issues, stating that the GMA directs the City to coordinate efforts with adjacent cities as well as the County Bruce White moved and Ron Harmon seconded a motion to recommend approval of the process for review of implementing regulations for the 2004 Comprehensive Plan Update via a resolution to be considered by the City Council on June 15, 2004. Motion Carried 3-0. Chair Clark adjourned the meeting at 5:10 p.m Pamela Mottram, Admen Secretary,Planning Services S IPermulPlanlPlanningComrnnteel2004Winutes1051704pc-min2.doc Page 1 of 3 RCW 36.70A.130 Comprehensive plans -- Review -- Amendments. (1)(a) Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them. A county or city shall take legislative action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure the plan and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section. A county or city not planning under RCW 36.70A.040 shall take action to review and, if needed, revise its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to ensure these policies and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section. Legislative action means the adoption of a resolution or ordinance following notice and a public hearing indicating at a minimum, a finding that a review and evaluation has occurred and identifying the revisions made, or that a revision was not needed and the reasons therefore. The review and evaluation required by this subsection may be combined with the review required by subsection (3) of this section. The review and evaluation required by this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW 36.70A.040, an analysis of the population allocated to a city or county from the most recent ten-year population forecast by the office of financial management. (b) Any amendment of or revision to a comprehensive land use plan shall conform to this chapter. Any amendment of or revision to development regulations shall be consistent with and implement the comprehensive plan. (2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program consistent with RCW 36.70A.035 and 36.70A.140 that identifies procedures and schedules whereby updates, proposed amendments, or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year. "Updates" means to review and revise, if needed, according to subsection (1) of this section, and the time periods specified in subsection (4) of this section. Amendments may be considered more frequently than once per year under the following circumstances: (i) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea; (H) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW; and (iii) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city http://www.leg.wa.gov/RCW/index.cfm?fuseaction=Section&Section=36.70A.130&print... 5/20/2004 Page 2 of 3 i budget. (b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court. (3) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas. The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period. The review required by this subsection may be combined with the review and evaluation required by RCW 36.70A.215. (4) The department shall establish a schedule for counties and cities to take action to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter. The schedule established by the department shall provide for the reviews and evaluations to be completed as follows: (a) On or before December 1, 2004, and every seven years thereafter, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties; (b) On or before December 1, 2005, and every seven years thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those counties; (c) On or before December 1, 2006, and every seven years thereafter, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and (d) On or before December 1, 2007, and every seven years thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman http://www.leg.wa.gov/RCW/index.cfm?fuseaction=Section&Section=36.70A.130&print... 5/20/2004 r Page 3of3 counties and the cities within those counties. (5)(a) Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the time limits established in subsection (4) of this section. Counties and cities may begin this process early and may be eligible for grants from the department, subject to available funding, if they elect to do so. (b) State agencies are encouraged to provide technical assistance to the counties and cities in the review of critical area ordinances, comprehensive plans, and development regulations. (6) A county or city subject to the time periods in subsection (4)(a) of this section that, pursuant to an ordinance adopted by the county or city establishing a schedule for periodic review of its comprehensive plan and development regulations, has conducted a review and evaluation of its comprehensive plan and development regulations and, on or after January 1, 2001, has taken action in response to that review and evaluation shall be deemed to have conducted the first review required by subsection (4)(a) of this section. Subsequent review and evaluation by the county or city of its comprehensive plan and development regulations shall be conducted in accordance with the time periods established under subsection (4)(a) of this section. (7) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under the terms of RCW 36.70A.040 (1). Only those counties and cities in compliance with the schedules in this section shall have the requisite authority to receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030. Only those counties and cities in compliance with the schedules in this section shall receive preference for grants or loans subject to the provisions of RCW 43.17.250. [2002 c 320 § 1; 1997 c 429 § 10; 1995 c 347 § 106; 1990 1st ex.s. c 17§ 13.] NOTES: Prospective application -- 1997 c 429 §§ 1-21: See note following RCW 36.70A.3201. Severability -- 1997 c 429: See note following RCW 36.70A.3201. Finding -- Severability -- Part headings and table of contents not law -- 1995 c 347: See notes following RCW 36.70A.470. RCW 36.70A.130(2) does not apply to master planned locations in industrial land , banks: RCW 36.70A.367(4). http://www.leg.wa.gov/RCW/index.cfm?fuseaction=Section&Section=36.70A.130&print... 5/20/2004 ` T - 1 Kent City Council Meeting Date June 1, 2004 Category Consent Calendar 1. SUBJECT: BURROWS REPLAT - APPROVE 2. SUMMARY STATEMENT: Approve the Final Plat Mylar for the Burrows Re-plat and authorize the Mayor to sign the mylar. W. E. Ruth proposes to subdivide approximately .37 acres into 2 single-family residential lots. The property is located at 26258 124`h Avenue SE. 3. EXHIBITS: Memo with conditions and map 4. RECOMMENDED BY: Community Development & Public Works Dept. Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6M COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director PLANNING SERVICES KEN l Charlene Anderson,AICP, Manager WASHINGTON Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: May 24, 2004 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JULIE PETERSON AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER THROUGH: MAYOR JIM WHITE SUBJECT: BURROWS RE-PLAT (#FSU-2003-6/KIVA#2041191) MOTION: Approve the final plat mylar for the Burrows Re-plat and authorize the Mayor to sign the mylar. SUMMARY: W. E. Ruth proposes to subdivide approximately .37 acres into 2 single- family residential lots. The property is located at 26258 124`}' Avenue SE. BUDGET IMPACT: None BACKGROUND: On November 5, 2003, the Hearing Examiner issued Findings, Conclusions and a Decision granting preliminary approval of a 2-lot subdivision, with 6 conditions. The applicant has complied with the conditions required prior to recording. S•\Pemut\Plan\shortplats\2003\2041191-FSU-2003-6ce.DOC Enclosure Conditions of approval—Hearing Examiner f 1 i 1 OFFICE OF THE LAND USE HEARING EXAMINER Theodore P. Hunter t Hearing Examiner FINDINGS, CONCLUSIONS AND DECISION FILE NO: BURROWS RE-PLAT #SU-2003-6 KIVA#RPP3-2032133 APPLICANT: W. E. Ruth W. E. Ruth Real Estate, Inc. 19222 108th Avenue SE Remond, WA 98055 REQUEST: A request to subdivide approximately .37 acres into two (2) single-family residential uses. LOCATION: 26258 124th Avenue SE APPLICATION FILED: July 21, 2003 DETERMINATION OF NONSIGNIFICANCE ISSUED- October 6, 2003 MEETING DATE: October 22, 2003 DECISION ISSUED: November 5, 2003 DECISION: APPROVED with conditions STAFF REPRESENTATIVE: Chris Hankins, Planning Services Gary Gill, Public Works PUBLIC TESTIMONY: Ivana Halvorsen, representing applicant EXHIBITS: 1. Staff File dated October 22, 2003 with the following attachments: Attachment A: Staff Report Attachment B: Application, including the following: • application form • wetland status form • certificate of water availability Hearing Examiners Findings and Decision Burrows Re-Plat #SU-2003-6 KIVA #rpp#-2032133 Page 1 of 10 • preliminary plat map and preliminary grading and drainage plan • neighborhood connectivity map Attachment C: Correspondence, including the following: • Letter to Chris Hankins from Ivana Halvorsen dated July 18, 2003 • Letter to Chris Hankins from Ivana Halvorsen dated August 15, 2003, with attached Letter of Complete Application dated August 8, 2003 and four photos depicting posting of property Attachment D: Request for Comments Routing Slip Attachment E: Public Notice, including the following: • Affidavit of Notice • Vicinity Map • Email correspondence with King County Journal • Notice issued October 10, 2003 • Affidavit of Mailing of Notice, with mailing list Attachment F: Notice of Application/Notice of Completeness Attachment G: SEPA Mitigated Determination of Nonsignificance and Environmental Checklist. FINDINGS 1. The Applicant requests preliminary plat approval to subdivide Lot 9 of the Burrows Short Plat into two single-family residential lots. The preliminary plat application was complete on August 8, 2003. The subject property is located at 26258 124th A venue SE i n K ent, Washington a nd i s i dentified as K ing C ounty Tax Parcel No. 282205-9352. Exhibit 1, Attachment A, page 1; Exhibit 1, Attachments B & F. 2. The Burrows Short Plat is a nine-lot short subdivision that was recorded and constructed i n 2 002 (King C ounty Recording N o. 2 0020815900001). Exhibit 1, Attachment A, pages 1-2. Pursuant to Section 12.04.220 of the Kent City Code (KCC), "any land subdivided under the requirements for a short subdivision shall not be further divided for a period of five (5) years without following the procedures for subdivisions ..." KCC 12.04.220. The procedures for subdivisions include an open record hearing before the Hearing Examiner. KCC 12.04.680. Hearing Examiners Findings and Decision Burrows Re-Plat #SU-2003-6 KIVA #rpp#-2032133 Page 2 of 10 3. The subject property is zoned Single-Family Residential (SR-6), which is consistent with the City of Kent Comprehensive Plan designation of the site. The SR-6 zone allows a maximum density of 6.05 dwelling units per acre and requires a minimum lot size of 5,700 square feet and a minimum lot width of 50 feet. KCC 15.04.170. With the proposed subdivision of Lot 9, the overall density of the development would be 5.4 dwelling units per acre. Lot 9A would have an area of 9,319 square feet and a width of 68 feet. Lot 9B would have an area of 6,858 square feet and a width of 50 feet. Exhibit 1, Attachment A, pages 2 & 11; Exhibit 1, Attachment B. 4. The proposed development supports several Goals and Policies of the Land Use element of the City of Kent Comprehensive Plan, including Goals LU-1 and LU-8 and Policies LU 1.1 and LU 8.1. Goals LU-1 and LU-8 and Policies LU 1.1 and LU 8.1 relate to accommodating growth and providing a variety of single-family lot sizes. The proposed development would limit further urban sprawl on the edges of the planning area by developing close-in undeveloped property. The proposed development would provide an opportunity to accommodate projected population growth without converting single-family lands to multi-family residential, Exhibit 1, Attachment A, page 5. i5. There are no environmentally sensitive areas on site. Exhibit 1, Attachment A, page 3. 6. The Burrows Short Plat is bordered by SE 264th Street to the south and 1240 Avenue SE to the west. Access to the lots within Burrows Short Plat is from SE 264th Street, and the new lot created by the proposed subdivision would take access from SE 264th Street. The City of Kent Master Plan of Roadways classifies SE 264th Street as a Residential Collector Street. The north side of SE 264th Street was improved to City standards as part of the short plat approval, including adequate right-of-way and pavement width, curbs, gutters, sidewalks, street lighting and public stormwater conveyance. The completed improvements promote neighborhood connectivity. No additional improvements are requested by the City. Exhibit 1, Attachment A, pages 3, 8 & 9. 7. Pedestrian improvements to SE 264th Street and 124th Avenue SE were constructed as part of the short plat approval. There is a five-foot wide sidewalk on the north side of SE 264th Street, a 6.5-foot wide sidewalk on the east side of 124th Avenue SE along the property frontage, and a six-foot wide asphalt shoulder on the east s ide of 124 Avenue S E extending south f rom S E 2 64th Street to Kent Kangley Road. The City required the paved shoulder to accommodate additional pedestrian traffic to and from the subdivision and bus access points on Kent Kangley Road. No additional pedestrian facilities are requested by the City. Exhibit 1, Attachment A, page 8. I Hearing Examiners Findings and Decision Burrows Re-Plat #SU-2003-6 KIVA #rpp#-2032133 Page 3 of 10 t 8. The King County Department of Metropolitan Services (METRO) currently serves the subject property through bus routes on 1241h Avenue SE. In addition, a park and ride facility is located at the intersection of 124th Avenue SE and SE 256th Street, north of the site. METRO was notified of the proposed development and did not comment on additional transit improvements. Exhibit 1, Attachment A, page 9. 9. The lots within the Burrows Short Plat are served by a public stormwater facility located north of Lot 9. Stormwater runoff from proposed Lot 96 would not discharge into this facility but into the SE 264th Street drainage system. This is permissible under City standards because the impervious surface coverage of the lot would be less than 5,000 square feet. Exhibit 1, Attachment B (Preliminary Grading and Drainage Plan); Testimony of Ms. Halvorsen. 10, King County Water District No. 111 (Water District) water service was extended to the site as part of the Burrows Short Plat. The Water District issued a Certificate of Water Availability on July 10, 2003 indicating that water is available to serve the additional lot, including fire flow of 1000 gpm for two hours or more from a hydrant located approximately 200 feet from the site. Exhibit 1, Attachment A, page 9;Exhibit 1, Attachment B, Certificate of Water Availability. 11. City of Kent sanitary sewer service was extended to the site as part of the Burrows Short Plat. All lots, including Lot 9B, would be connected to this system. Exhibit 1, Attachment A, page 9. 12. Pursuant to KCC 12.04.780, developers are required to mitigate adverse effects of a development upon park and recreation service I evels by either dedicating land o r p aying o f ee i n I ieu o f s uch d edication. T he d eveloper o f t he B urrows Short Plat paid a fee in lieu of dedication based on 5% of the gross land area. Because the gross land area of the subdivision has not changed, park impacts were fully mitigated by payment of the fee. Exhibit 1, Attachment A, page 7. 13. Kent School District No. 415 would serve the students generated by the development. Pursuant to KCC 12.13.160, each lot would be assessed an impact fee at the time of construction permit issuance to mitigate the impact of additional students on the school district facilities.' Exhibit 1, Attachment A, page 8. 14. Pursuant to the State Environmental Policy Act (SEPA), the City of Kent acted as lead agency for review of environmental impacts caused by the proposal. The City issued a Mitigated Determination of Nonsignificance (MDNS) on October 6, The school impact fee is updated regularly.The current fee is $4,147 per lot. Exhibit 1, Attachment A, page 7. Hearing Examiners Findings and Decision Burrows Re-Plat #SU-2003-6 KIVA #rpp#-2032133 Page 4 of 10 2003. The MDNS contains one condition addressing traffic mitigation. No appeals were filed. Exhibit 1, Attachment A, page 3; Exhibit 1, Attachment G. 15. Notice of the open record hearing was posted on the property, published in the local newspaper and mailed to property owners within 300 feet of the site at least ten days prior to the hearing. Exhibit 1, Attachment E. 16. At the hearing, the City recommended approval of the subdivision subject to conditions. The Applicant agreed with staffs recommendation except for condition no. 3(c)(1). The Applicant requested that the Hearings Examiner amend the condition to allow stormwater from Lot 913 to discharge into SE 264ti" Street (see Finding of Fact No. 9). There was no public comment on the proposal. Exhibit 1, Attachment A; Testimony of Mr. Hankins; Testimony of Ms. Halvorsen. CONCLUSIONS Jurisdiction j The Hearings Examiner has jurisdiction to hold a hearing on this application; to consider all evidence presented at the hearing; and, based on that evidence, to approve, disapprove or approve with conditions the preliminary plat application. KCC 12.04, KCC 2.32; RCW 58.17. Criteria for Review The decision of the Hearings Examiner must be supported by the evidence presented and must be consistent with the standards and criteria for review specified in state li statutes and city ordinances. The standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the Kent City Code (KCC) and Chapter 58.17 of the Revised Code of Washington (RCW). These review criteria include the following: A. Under KCC 12.04.635, no subdivision shall be approved unless the proposed subdivision: 1. Creates legal building sites, which comply with all provisions of KCC Title 15, Zoning, and health regulations; 2. Establishes access to a public road for each segregated parcel; 3. Has suitable physical characteristics (i.e. a proposed plat may be denied because of flood, inundation or wetland conditions; slope, soil stability and/or capabilities; or the construction of protective improvements may be required as a condition of approval); I Hearing Examiners Findings and Decision Burrows Re-Plat #SU-2003-6 K1VA #rpp#-2032133 Page 5 of 10 4. If adjacent to another municipality or King County, takes into consideration the subdivision standards of that jurisdiction as well as the requirements of this chapter; 5. Makes adequate provision for stormwater detention, drainage ways, water supplies, sanitary wastes, and other public utilities and services, as deemed necessary; and 6. Makes adequate provision for the connectivity of streets, alleys, pedestrian accessways and other public ways. B. Under KCC 12.04.685(A), a proposed subdivision and dedication shall not be approved unless the City finds that: 1. Appropriate provisions have been made for: a. The public health, safety and general welfare of the community; b. Protection of environmentally sensitive lands and habitat; C. Open spaces; d. Community parks and recreation; e. Neighborhood tot lots and play areas; f. Schools and school grounds; g. Drainage ways; h. Stormwater detention; i. Connectivity of sidewalks, pedestrian pathways, traffic calming features and devices, and other planning features that assure safe walking conditions within and between subdivisions and neighborhoods for residents and students who walk to and from schools, parks, transit stops and other neighborhood services; j. Connectivity of streets or roads, alleys, pedestrian accessways, and other public ways within and between subdivisions and neighborhoods; k. Transit stops; I. Potable water supplies; M. Sanitary wastes; n. Other public utilities and services, as deemed necessary; and 2. The City has considered all other relevant facts; and 3. The public use and interest will be served by the platting of such subdivision and dedication; and 4. The City has considered the physical characteristics of a proposed subdivision site. These criteria as set forth in the Kent City Code are essentially identical to those in the Revised Code of Washington. These criteria must also be met by the application before a recommendation of approval can be made. RCW 58.17.110 requires that: Hearing Examiners Findings and Decision Burrows Re-Plat #SU-2003-6 KIVA #rpp#-2032133 Page 6 of 10 1 Appropriate provisions must be made for the public health, safety and general welfare, for open spaces, d rainage ways, streets or roads, a Heys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and the public interest must be served by the subdivision. Conclusions Based on Findings: 1 With conditions, the proposed development is consistent with the provisions of KCC 12.04 and RCW 58.17.110. A. The subdivision would create legal building sites, each with access to a public road. The subject property has suitable physical characteristics for the development of single-family residences. There are no environmentally sensitive areas on the site. There would be adequate provision of utilities and drainage ways, even with the discharge of runoff into SE 264th Street as requested by the Applicant. There would be adequate provision for the connectivity of streets and pedestrian accessways. The pedestrian improvements constructed as part of the Burrows Short Plat connect the subject property with pedestrian and transit facilities on Kent Kangley Road. Findings of Fact Nos. 3, 5, 6, 7, 9, 10, 11 & 16. B. Appropriate provisions have been made for the public health, safety and general welfare of the community. Impacts to community parks and recreation were mitigated as part of the original short plat approval. School impacts would be mitigated through payment of a school impact fee at the time of building permit issuance for each lot. With the exception of Lot 9B, stormwater runoff from the lots would be detained within a public stormwater facility. The road and pedestrian improvements constructed as part of the original short plat approval provide for neighborhood connectivity and ensure safe walking conditions for residents a nd students who walk to a nd f rom t ransit stops. There a re existing METRO transit stops on 124`h Avenue SE. Traffic mitigation would be paid pursuant to the MDNS issued for the proposal. Water and sanitary sewer service would be extended to each of the lots. The physical characteristics of the site have been adequately considered. The public use and interest would be served by the subdivision. Findings of Fact Nos. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15& 16. C. Based on the above conclusions, the requirements of RCW 58.17.110 have been satisfied. Heanng Examiners Findings and Decision Burrows Re-Plat #SU-2003-6 KIVA #rpp#-2032133 Page 7 of 10 t DECISION The request for approval of a preliminary plat to subdivide Lot 9 of the Burrows Short Plat into two single-family residential lots is GRANTED, subject to the following conditions: A. GENERAL CONDITIONS OF APPROVAL 1. The owner/subdivider shall implement all mitigation measures required by the Mitigated Determination of Nonsignificance (MDNS) for the proposed Burrows Preliminary Plat, file #ENV-2003-25. B. PRIOR TO RECORDING THIS SUBDIVISION 1. The Owner / Subdivider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or prior to recording this plat, whichever comes first. 2. The Owner/Subdivider shall provide Public Works with a digital plat map prepared with a CAD program. The digital information can be formatted in either ".DWG (AutoCad) or *.DXF (Drawing Exchange File), but must be based upon State Plane coordinates. An assumed coordinate system is not permitted. The State Plane Coordinates shall be on the NAD 83/91 datum and relate to at least two City of Kent reference points within one half mile of the subdivision. In addition, the project shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional permanent benchmarks shall be established within the project. The elevation of these benchmarks will be reported at the time as-built drawings are submitted along with field notes sufficient to verify their accuracy. 3. The Owner/Subdivider shall submit and receive City approval of engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. The septic system serving the existing home(s) within the proposed plat - if any - shall be abandoned in accordance with King County Health Department Regulations. b. A water system meeting domestic and fire flow requirements for all lots. Hearing Examiners Findings and Decision Burrows Re-Plat #SU-2003-6 KIVA #rpp#-2032133 Page 8 of 10 This development will be served by Water District #111 and will be constructed to the standards of that water purveyor. Existing wells — if any - shall be abandoned in accordance with the requirements of the Department of Ecology. C. A s tormwater s ystem. E ngineering P lans s howing t he s tormwater system must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design as described above. Additional guidance for the 1 Engineering Plans is given below: (1) As development occurs within this subdivision, roof downspouts for each roofed structure (house, garage, carport, etc.) shall be directed to Roof Downspout Controls per Chapter 5.1 of the 1998 King County Surface Water I Design Manual. The overflow from any roof runoff downspouts shall be routed to the public detention pond to the north that was expanded for the Burrows Subdivision EXCEPT that the roof runoff from Lot 9B may be routed to the stormwater facilities in SE 264th Street. (2) The Owner/Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works. See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant, to the 2002 City of Kent Surface Water D esign M anual f or i nformation o n w hat i s c ontained within this document. d. A Temporary Erosion / Sedimentation Control Plan for the entire subdivision meeting the requirements of the City of Kent Construction Standards, and the King County Surface Water Design Manual. These plans must reflect the Detailed Grading Plan discussed above, and the Planning Department approved Detailed Tree Plan. 4. The Owner/Subdivider shall incorporate this subdivision into the existing Burrows Plat Homeowner's Association to ensure that the property owners within this subdivision are advised of their requirement to pay for the provided street lighting system. Those sections of the required document written to govern that association as they relate to any IntoLight Division of Puget Sound Energy street lighting systems, shall be reviewed and Hearing Examiners Findings and Decision Burrows Re-Plat #SU-2003-6 KlVA #rpp#-2032133 Page 9 of 10 1 approved by the Department of Public Works, prior to the recording these documents. 5. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-1, As-Build Drawings, for: Streets; Street Lighting System; Water; Sewer; Stormwater Drainage Facilities; and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works. Dated this 5th day of November, 2003. i i THEODORE PAUL HUNTER Hearing Examiner S Term it\Planllongplats\2003\2032133-2003-6FINDINGS DOC Hearng Examiners Findings and Decision Burrows Re-Plat #SU-2003-6 KIVA #rpp#-2032133 Page 10 of 10 t r.w ram'' I' � � '�>:T� i. 'I � `"�i��; �• '�' !IF.4 L. i � 1 ' APPLICATION NAME: BURROWS 1 REQUEST: #SU-2003-6(KIVA#RPP3-2032133) SITE MAP Kent City Council Meeting Date June 1, 2004 Category Consent Calendar 1. SUBJECT: WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES GRANT FOR GLENN NELSON PARK FOREST PLAN PLANTING—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: The Parks and Human Services Committee recommends Council accept the $3,530.00 grant, authorize the Mayor to enter into an agreement with Washington State Department of Natural Resources (DNR), and approve the expenditure of funds for the Glenn Nelson Park Forest Planting Project. The DNR Urban and Community Forestry Program grant will provide a one-year planting project designed to educate and involve a broad range of people while managing our community's natural resources. 3. EXHIBITS: Award letter and agreement No. FY04-202/K244-04 from DNR 4. RECOMMENDED BY: Parks & Human Services Committee and the Parks Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund P20043 Amount $35,000.00 Unbudgeted Revenue: Fund P20043.53405 Amount $35,000.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6N L WASHINGTON STATE DEPARTMENTOF DOUGSUTHERLAND Natural Resources Commissioner of Public Lands v r April 16,2004 Dave Everett Kent Parks Recreation And Community Services 220 4th Avenue S Kent WA 98032 Dear Dave: Congratulations! The Department of Natural Resources is pleased to award your community forestry proposal. We were impressed with your intent to educate and involve a broad range of people while managing your community's natural resources. Your accepted project, Glenn Nelson Forest Planting, is a"one-year special project." The amount of the grant will be$3,530. It must be completed by May 31, 2005. The mission of the Urban and Community Forestry Program is to provide leadership to create self-sustaining urban and community forestry programs that preserve,plant, and manage forests and trees for public benefits and quality of life. Your project is helping to carry forward that mission. Within a month,Department staff will draw up a contract, and they may be calling you with questions. Please do not start your project until you have a signed,written agreement with us. If you need additional information from us, feel free to call Sarah Griffith at(360) 902-1704. We want to be involved in your project and assist with whatever expertise we can. My staff and I look forward to working with you in what we know will be a success. Sincerely, g S erland Commissioner of Public Lands 1111 WASHINGTON ST SE 1 PO BOX 47001 1 OLYMPIA,WA 98504-7001 TEL (360)902-1004 1 FAX (360)902-7775 1 TTY (360)902-1125 " ""^ Equal Opportunity/Affirmative Action Employer RECYCLED PAPER C�1 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands KENT PARKS RECREATION AND COMMUNITY SERVICES Agreement No FY04-202/K244-04 CFDA Number 10.664 USDA Forest Service This agreement is made and entered into by and between Washington State Department of Natural Resources, P.O. Box 47037, Olympia, Washington 98504-7037, hereinafter referred to as the DNR, and Kent Parks Recreation And Community Services, 220 4th Avenue S, Kent WA 98032, hereinafter referred to as the Grantee, for the express purposes set forth in the following provisions. In consideration of the terms, conditions and covenants contained herein, or attached and incorporated and made a part hereof, the parties mutually agree as follows: SECTION 1 SCOPE OF ACTIVITY UNDER GRANT AGREEMENT 1.01 The Grantee will perform the work outlined in the attached original application (unless modifications are noted). It contains the scope of activity, objectives and tasks, deliverables, original budget and application. 1.02 The Grantee shall produce a mid-report, and a final report summarizing work performed and evaluating the performance and results of this agreement. All deliverables required under this agreement must be delivered to the grant manager. All oral reports required under this agreement must be presented at the location requested by j the DNR. 1.03 The Grantee shall complete all specified activities including submission of reports,and/or other required documentation within the time periods set forth in the agreement. Failure by the Grantee to make satisfactory progress toward completion of the activities or project within the time lines specified in this agreement shall be considered a material breach and shall be grounds for immediate termination of this agreement by the DNR. The DNR has sole discretion to determine whether the Grantee is making satisfactory progress on the activities or project. Page t of 9 Agreement No FY04-202/K244-04 SECTION 2 CONDUCT OF WORK The Grantee shall furnish all necessary qualified personnel, material, and equipment, and manage and direct the same to timely complete the work described in this agreement. SECTION 3 PERIOD OF PERFORMANCE 3.01 Commencement Date: Subject to its other provisions, the period of performance under this agreement shall commence upon final execution by both parties. 3.02 Completion Date: This agreement shall terminate on May 31, 2005, or when all of its terms and conditions have been satisfied, whichever is earlier, unless sooner terminated as provided herein. SECTION 4 RIGHTS AND OBLIGATIONS Attachment A contains the General Terms and Conditions governing the activities to be 1 performed under this agreement, the nature of the working relationship between the DNR and the Grantee, and specific obligations of both parties. All rights and obligations of the parties to this agreement shall also be subject to and governed by: the application form, deliverables, and original budget worksbeet, each incorporated by reference herein. SECTION 5 GRANT DISBURSEMENT AND PAYMENT 5.01 Amount of Grant. The total grant shall not exceed $3,530, and will be disbursed upon satisfactory completion of timely deliverables as described on the deliverable page and in compliance with all agreement terms. Grant disbursement shall be on a cost reimbursement basis for costs incurred in the performance of this agreement. 5.02 Time of Disbursement. Disbursement shall be considered timely if made by the DNR within 30 days after receipt of properly completed invoice vouchers. Disbursement shall be sent to the address designated by the Grantee. The DNR may, in its sole discretion, terminate the agreement or withhold disbursements claimed by the Grantee if the Grantee fails to satisfactorily comply with any term or condition of this agreement or if USDA Forest Service federal funding which the DNR receives is no longer available. 5.03 Method of Disbursement. Requests for disbursement under this agreement shall be submitted by the Grantee on invoice vouchers prepared in the manner prescribed by the DNR. These vouchers shall include such information as is necessary for the DNR to determine the exact nature of all expenditures Each voucher will clearly indicate that it is for activities under this agreement. Requests for disbursement shall be submitted to the DNR grant manager Page 2 of 9 Agreement No FY04-202/K244-04 5.04 Expenses. No additional requests for costs or expenses are allowable All costs and expenses associated with the Grantee fulfilling the terms and the agreement's conditions are included in the grant's amount stated in section 5 01 and no additional disbursements shall be made under this agreement. 5.05 Recapture Provision. In the event the Grantee fails to expend funds in accordance with any federal or state law or regulation or the provisions of this agreement, the DNR reserves the right to recapture funds in the amount equivalent to the amount of noncompliance. Repayment by the Grantee of funds under this section shall occur within 30 days of demand. SECTION 6 FEDERAL SUBCONTRACT When the DNR is passing federal funds to the Grantee,the Grantee will be considered a"sub recipient." Sub recipient shall: 6.01 Adhere to the federal Office of Management & Budget guidelines and to other applicable ' federal and state regulations. 6.02 Have audits made in accordance with Office of Management and Budget (OMB) Circular A-133 revised April 1996 and effective July 1, 1996 if the sub recipient receives federal assistance,in total from all sources, of$300,000 or more. The sub recipient must: 1. Forward a copy of the Data Collection Form as required in OMB circular A-133 within 30 days after completion of the Federal Single Audit to the DNR. 2. If the audit reveals findings and questioned costs relating to Federal awards passed through from DNR, forward a copy of the State Auditor's audit, along with the sub recipient response and the final corrective action plan as approved by the State Auditor's Office to the DNR within nine months after the end of the audit period. 6.03 Provide access to grant/financial records for inspection by the DNR or by any duly authorized audit representative of the state of Washington for a period of at least three years after the final grant payment or any dispute resolution. SECTION 7 ACCEPTANCE Disbursement shall be payable to the Grantee only upon completion of agreement by the Grantee, and acceptance by the DNR If a deliverable is not acceptable to the DNR, the DNR shall within ten(10) working days from receipt, notify the Grantee in writing of the nature of the defects in the deliverable and any proposed remedy The Grantee shall respond to this notice in writing within ten (10) working days specifying action to be taken so as to permit acceptance by the DNR. Page 3 of 9 Agreement No FY04-202/K244-04 t SECTION 8 PERFORMANCE REPORTING The Grantee shall submit amid progress report to the DNR by December 31, 2003 This report shall address any adverse conditions that have affected the project objectives and/or time schedules, and include action taken to resolve the matter. The Grantee shall also immediately contact the DNR grant manager in person or by fax or by telephone should any adverse conditions arise. The final report is due to the DNR upon completion date as specified in Section 3.02. SECTION 9 GRANT MANAGER The grant manager for the Grantee is: The grant manager for the DNR is: Dave Everett Sarah Griffith, Program Coordinator Kent Parks Recreation And Community Services Urban & Community Forestry 220 4th Avenue S Washington Department of Natural Resources Kent WA 98032 P O. Box 47037 253-856-5113 Olympia,WA 98504-7037 (360) 902-1704 1 SECTION 10 SIGNATURES Dated ,20 KENT PARKS RECREATION AND COMMUNITY SERVICES By: Title: STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated , 20_ By: 1 Mark Kahley Title: Division Manager Approved As To Form By Maryanne McGovern The Assistant Attorney General State of Washington Page 4 of 9 Agreement No FY04-202/K244-04 Z 1 Kent City Council Meeting I Date June 1, 2004 Category Consent Calendar 1. SUBJECT: INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION GRANT FOR KENT MEMORIAL PARK—ACCEPT AND AMEND BUDGET 1 2. SUMMARY STATEMENT: The Parks and Human Services Committee recommends Council accept the $25,000.00 grant, authorize the Mayor to enter into an agreement with the Interagency Committee for Outdoor Recreation, and approve expenditure of funds for improvements to Field No. 1 at Kent Memorial Park. The IAC Youth Athletic Facility Program grant will provide improvements including replacing existing perimeter fencing, worn out backstops and old bases, and the a addition of a soil amendment to reduce standing water during heavy rains. 3. EXHIBITS: Award letter and Agreement No. 03-1263D from IAC 4. RECOMMENDED BY: Parks & Human Services Committee and Parks Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund P20094 Amount $25,000.00 Unbudgeted Revenue: Fund P20094 53405 Amount $25,000.00 ' 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 60 12 360/902-3000 = 360/902-2636 360/902-3026 (fax) U 360/902-3026 (fax) email info@iac wa gov hay a email salmon@iac wa gov STATE OF WASHINGTON OFFICE OF THE INTERAGENCY COMMITTEE 1111 Washington Street SE PO Box 40917 Olympia, WA 98504-0917 April 6, 2004 Shane Gilbertson Kent Parks, Rec&Comm Sery 220 4th Ave S Kent, WA 98032-5895 RE: Kent Memorial Park Field Maintenance 2, IAC #03-1263D Dear Mr. Gilbertson: Congratulations on your successful application for grant funds for the Kent Memorial Park Field Maintenance 2 project. Your project is administered by the Interagency Committee for Outdoor Recreation (IAC). Enclosed are two original sets of project agreement materials. Each set contains the Project Agreement, Milestone Report, Eligible Reimbursement Activities Report, and an Invoice Voucher. Also enclosed are policy manuals for reference as you implement your project and seek reimbursement. After reviewing your Project Agreement materials, please have the appropriate person sign each Project Agreement and return one signed original. Once the Project Agreement is signed and returned, the Kent Memorial Park Field Maintenance 2 project can commence. Prompt implementation and completion of your project is extremely important and will ensure the continuing success and credibility of the Youth Athletic Facility Program by demonstrating effective results to citizens and policy makers. iWe encourage you to offer appropriate media opportunities to help build public awareness of the project's purposes and benefits. As a way of assisting you in that effort, enclosed is a suggested news release for your use. Acknowledging the assistance provided by this grant program helps increase the public's understanding of the value the funding provides to communities Please notify your IAC project manager of any event celebrating your project's beginning or completion. As always, staff is available to answer questions that may arise during project implementation. If you need assistance, please contact Darrell Jennings at(360)902-3020 or darrellj@iac.wa gov. Thank you again for helping make this valuable investment in Washington State's recreation, conservation, and natural resources. Sincerely, Laura Eckert Johnson Director Enclosures AGRECVR RPT YAF Project Agreement Youth Athletic Facility Grant Account ' Project Sponsor: Kent Parks, Rec&Comm Sery Project Number: 03-1263D Project Title: Kent Memorial Park Field Maintenance 2 Approval Date: 4/2/2004 A. PARTIES OF THE AGREEMENT This Protect Grant Agreement(Agreement)is entered into between the Interagency Committee for Outdoor Recreation (IAC), P.O.Box 40917,Olympia,Washington 98504-0917 and Kent Parks, Rec&Comm Serv,220 4th Ave S, Kent, WA 98032-5895(Sponsor)and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Youth Athletic Facility Grant Account of the State of Washington's General Fund The grant is administered by the IAC to the Sponsor for the ' project named above. C. DESCRIPTION OF PROJECT The subject Project is described on the attached Project Summary. D. TERM OF AGREEMENT The Project Sponsor must insure that the facility developed,improved,and/or maintained through the Youth Athletic Facilities Account funding identified in the Project Agreement is made available for public youth and/or community athletics for a minimum of twenty(20)years from the date of project completion. E. PERIOD OF PERFORMANCE The Project reimbursement period shall begin on April 16,2004 and end on March 30,2005. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement. F. PROJECT FUNDING The total grant award provided by the IAC for this project shall not exceed$25,000 00. The IAC shall not pay any amount beyond that approved for funding of the project The Sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as indicated below: Percentage Dollar Amount IAC -YAF-Maintaining 50.00% $25,000 00 Project Sponsor 50.00% $25,000.00 Total Project Cost 100.00% $50,000 00 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments,including the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the General Provisions,all of which are attached hereto and incorporated herein. Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such alterations,except those concerning the period of performance,must be signed by both parties. Period of performance extensions need only be signed by IAC's Director. The Sponsor has read,fully understands and agrees to be bound by all terms and conditions as set forth in these documents. ' YAF Proiect Agreement Youth Athletic Facility Grant Account Chapter 79A 25 RCW, Chapter 286 WAC Page 1 of 2 PROJAGRI RPT I his Agreement is governed by, and the Sponsor shall comply with,all applicable state and tederal laws and regulations,including Chapter 79A 25 RCW, Chapter 286 WAC and published agency policies,which are Incorporated herein by this reference as if fully set forth. I. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS (none) J. FEDERAL FUND INFORMATION (none) K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: Project Contact IAC Name: Shane Gilbertson Interagency Committee for Outdoor Recreation Title: Project Manager Natural Resources Building Address: 220 4th Ave S PO Box 40917 Kent,WA 98032-5895 Olympia,Washington 98504-0917 www.iac.wagov/iac/ These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIRE AGREEMENT This agreement,along with all attachments,constitutes the entire agreement of the parties. No other understandings,oral or otherwise, regarding this Agreement shall ewst or bind any of the parties. M. EFFECTIVE DATE This agreement,for project#03-1263D, shall be effective upon signing by all parties. STATE OF WASHINGTON INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION lqx.4� BY: �• � DATE: :�12'10 T Laura Eckert Johnson, Director ' PROJECT SPONSOR BY: DATE: TITLE: Pre-approved as to form: BY: /St Assistant Attorney General YAF Project Acreement Youth Athletic Facility Grant Account Chapter 79A 25 RCW,Chapter 286 WAC Pace 2 of 2 PROJAGR2 RPT Comm,�e o, Youtn Atn)euc racinues 1 A CHEBTIDN Maintaininq Cateqory ' Post-Evaluation Project Summary TITLE: Kent Memorial Park Field Maintenance 2 NUMBER: 03-1263D (Development) ' STATUS: Board Funded SPONSOR: Kent Parks, Rec& Comm Sery EVALUATION SCORE: 44.2500 BOARD RANKING: 8 of 33 COSTS: SPONSOR MATCH: YAF- Mamtaininq $25,000 50% Appropriation 1 Cash ' Local $25,000 50% Total $50.000 100% ' DESCRIPTION: This project in Kent in King County will rehabilitate the city's Kent Memorial Park. The park currently has three youth baseball/softball fields. Grant funds will be used to replace existing perimeter fencing, replace old wom out backstops, and add soil amendment(Turface)to reduce the amount of standing water during heavy rain. The existing bases will be replaced on all three fields. LOCATION INFORMATION: 1 North of the downtown area in Kent. YAF GROUP: Statewide ICOUNTY: Kmq SCOPE (ELEMENTS): Athletic Fields Fencinq &Gates FISCAL YEAR: 2004 DATE PRINTED: April 6,2004 i 1 1 z 1 f i 1 1PAPSUM2.RPT Kent Memorial Park Field Maintenance 2 Cumminrr fur OUTDOOR Eligible Reimbursement Activities Report L�L BEEREBTION Project Sponsor: Kent Parks, Rec & Comm Sery Project Number: 03-1263 D Project Title: Kent Memorial Park Field Maintenance 2 IAC Approval: 4/2/2004 Development Items: Items Elements Unit Quantity Description Athletic Fields Backstops Each 300 30'high,includes wing fences at 8"high Athletic Fields Baseball infield Each 100 Tuiface Infield amendment, for 90'.65'. 60'and 55'bases Athletic Fields Bases Lump sum 1200 replacement bases for all three fields 1 Fencing&Gates Fencing-chain link Linear Ft 1,500.00 Penmiter fence,9 guage, 8'high 1 t 1 1 1 1 1 1 1 1 1 ELIGREIM RPT April 6,2004 Page. 1 A! UUIUUUll Milestone Heport Uy Project ' flECRERTIOH Project Number: 03-1263 D Project Name: Kent Memorial Park Field Maintenance 2 Sponsor: Kent Parks, Rec& Comm Sery ' IAC Project Manager: Darrell Jennings OTUR I[ �- �- Project Start 04/16/2004 t Construction Started 09101I2004 ! Project Complete 03/30/2005 Final Docs & Billing to IAC 06/30/2005 X=Milestone Complete Critical Milestone -, I It I ESTO-RPT April 06,2004 Page: 1 1 1 Kent City Council Meeting Date June 1, 2004 Category Consent Calendar 1. SUBJECT: INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION GRANT FOR GLENN NELSON IMPROVEMENTS —ACCEPT ' AND AMEND BUDGET 2. SUMMARY STATEMENT: The Parks and Human Services Committee recommends Council accept the $56,624.00 grant, authorize the Mayor to enter into an agreement with the Interagency Committee for Outdoor Recreation, and approve expenditure of funds for improvements to Glenn Nelson Park. ' The IAC Youth Athletic Facility Program grant will provide improvements including ADA field access, irrigation, replacement of Cmtrex soccer field surfacing and new perimeter fencing. 3. EXHIBITS: Award letter and Agreement No. 03-1264D from IAC 4. RECOMMENDED BY: Parks & Human Services Committee and Parks Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X I If no: Unbudgeted Expense: Fund P20033 Amount S56,624.00 Unbudgeted Revenue: Fund 20033.53405 Amount S56,624.00 i 6. CITY COUNCIL ACTION: ICouncilmember moves, Councilmember seconds DISCUSSION: ACTION- Council Agenda Item No. 6P Interagency Committee for Outdoor Recreation nnnl�, Salmon Recovery Funcino Boaid 360,/902-3000 %i ��' 360/902-2636 360/902-3026 (fax) 360/902-3026 (fax) email info@iac wa gov ° email salmon@iac wa gov STATE OF WASHINGTON ' OFFICE OF THE INTERAGENCY COMMITTEE 1111 Washington Street SE PO Box 40917 Olympia, WA 98504-0917 April 25, 2004 Shane Gilbertson Kent Parks, Rec&Comm Sery 220 4th Ave S Kent, WA 98032-5895 RE: Glenn Nelson Park Improvements, IAC #03-1264D Dear Mr. Gilbertson: ' Congratulations on your successful application for grant funds for the Glenn Nelson Park Improvements project. Your project is administered by the Interagency Committee for Outdoor Recreation (IAC). Enclosed are two original sets of project agreement materials. Each set contains the Project Agreement, Milestone Report, Eligible Reimbursement Activities Report, and an Invoice Voucher. Also enclosed are policy manuals for reference as you Implement your project and seek reimbursement. After reviewing your Project Agreement materials, please have the appropriate person sign each Project Agreement and return one signed original. Once the Project Agreement is signed and returned, the Glenn Nelson Park Improvements project can commence Prompt implementation and completion of your project is extremely Important and will ensure the continuing success and credibility of the Youth Athletic Facility Program by demonstrating effective results to citizens and policy makers. We encourage you to offer appropriate media opportunities to help build public awareness of the project's ' purposes and benefits. As a way of assisting you in that effort, enclosed Is a suggested news release for your use. Acknowledging the assistance provided by this grant program helps increase the public's understanding of the value the funding provides to communities. Please notify your IAC project manager of ' any event celebrating your project's beginning or completion. As always, staff is available to answer questions that may arise during project implementation. If you need assistance, please contact Darrell Jennings at(360)902-3020 or darrellj@Iac.wa.gov. Thank you again for helping make this valuable Investment In Washington State's recreation, conservation, and natural resources. ' Sincerely, A-,� yr Ge� Laura Eckert Johnson Director Enclosures es AGRECVR RPT IL** YAF Project Agreement Youth Athletic Facility Grant Account Project Sponsor: Kent Parks, Rec& Comm Sery Project Number: 03-1264D Project Title: Glenn Nelson Park Improvements Approval Date: 4/2/2004 A. PARTIES OF THE AGREEMENT This Project Grant Agreement(Agreement)is entered into between the Interagency Committee for Outdoor Recreation (IAC), P.O. Box 40917,Olympia,Washington 98504-0917 and Kent Parks,Rec&Comm Serv,220 4th Ave S,Kent, WA 98032-5895(Sponsor)and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OFAGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Youth Athletic Facility Grant Account of the State of Washington's General Fund. The grant is administered by the IAC to the Sponsor for the project named above. , C. DESCRIPTION OF PROJECT The subject Project is described on the attached Project Summary. ' D. TERM OF AGREEMENT The Project Sponsor must insure that the facility developed, improved,and/or maintained through the Youth Athletic Facilities Account funding identified in the Project Agreement is made available for public youth and/or community athletics for a minimum of twenty(20)years from the date of project completion. E. PERIOD OF PERFORMANCE The Project reimbursement period shall begin on April 2,2004 and end on March 31, 2005 No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement. F. PROJECT FUNDING The total grant award provided by the IAC for this project shall not exceed$56,624.00. The IAC shall not pay any amount beyond that approved for funding of the project. The Sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as indicated below. Percentage Dollar Amount IAC -YAF Improving 20.47% $56,624 00 Project Sponsor 79.53% $220,000.00 Total Project Cost 100.00% $276,624.00 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report,Project Milestones, and the General Provisions,all of which are attached hereto and incorporated herein. Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such alterations, except those concerning the period of performance, must be signed by both parties. Period of performance extensions need only be signed by IAC's Director. ' The Sponsor has read,fully understands and agrees to be bound by all terms and conditions as set forth in these documents. YAF Project Aqreement Youth Athletic Facility Grant Account Chapter 79A.25 RCW, Chapter 286 WAG Page 1 of PROJAGRI.RPT H. COMPLIANCE WITH APPLICABLE STATUTES. RULES.AND!AC POLICIES , This Agreement is governed by,and the Sponsor shall comply with,all applicable state and federal laws and regulations, including Chapter 79A 25 RCW,Chapter 286 WAC and published agency policies,which are incorporated herein by this reference as if fully set forth. 1. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS ' The Project Sponsor must ensure that the facility acquired,developed, improved, and/or maintained through the Youth Athletic Facilities Account funding identified in this Project Agreement is made available for public , youth and/or community athletics for a minimum of twenty(20)years from the date of project completion. Project Completion begins at IACs issuance of final reimbursement. Should the facility become unavailable for public youth and/or community athletic use during this 20 year period, except as provided for in Section 25 (b), IAC requires the project sponsor to replace all entirely or partially funded project elements within this agreement. J. FEDERAL FUND INFORMATION (none) K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: Project Contact IAC Name: Shane Gilbertson Interagency Committee for Outdoor Recreation ' Title: Project Manager Natural Resources Building Address: 220 4th Ave S PO Box 40917 Kent,WA 98032-5895 Olympia,Washington 98504-0917 , www.iac.wa.gov/iac/ These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIRE AGREEMENT This agreement,along with all attachments,constitutes the entire agreement of the parties. No other understandings,oral or otherwise, regarding this Agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This agreement, for project 403-1264D, shall be effective upon signing by all parties. STATE OF WASHINGTON INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION k BY: ,, 'f' DATE: & �0 Laura Eckert Johnson, Director PROJECT SPONSOR a BY: DATE: TITLE: t Pre-approved as to form: BY: /S1 Assistant Attorney General YAF Project Agreement Youth Athletic Facility Grant Account Chapter 79A.25 RCW, Chapter 286 WAC Paoe 2 of 2 PROJAGR2 RPT ICommr2 or t Youth Athletic Facilities HECRDUR EHTION Improvinq Cateqory Post-Evaluation Project Summary TITLE: Glenn Nelson Park Improvements NUMBER: 03-1264D (Development) STATUS: Board Funded SPONSOR: Kent Parks, Rec& Comm Sery EVALUATION SCORE: 420000 BOARD RANKING: 10 of 24 ' COSTS: SPONSOR MATCH: YAP Improvinq $56,624 20% Appropriation \Cash Local $220,000 80% Total $276,624 100% DESCRIPTION: This project in Kent in King County redevelops a soccer field and improves a baseball field. New drainage and an ' automatic irrigation system will be installed and the cintrex material on the soccer field will be replaced with natural grass. The south end of the field is adjacent to S. 268th Street, so plans include replacing a section of the old outdated perimeter fencing with new 10'tall chain-link fence,with 20' of netting on top. This will go behind the south ' soccer goal to contain errant shots on goal. Presently there is not an accessible route from the parking lot to the soccer field, baseball field, or restroom. Grant funds will be used to pave an ADA access from the parking lot to the fields and eligible support facilities. LOCATION INFORMATION: West side of Kent about a 1/2 mile southwest of Lake Fenwick. YAF GROUP: Statewide COUNTY: King SCOPE (ELEMENTS): Architectural & Engineering Park Furniture Trails Athletic Fields Permits Utilities Fencmq & Gates Sales Tax Landscaping Site Preparation FISCAL YEAR: 2004 DATE PRINTED: April 25, 2004 a r 1PAPSUM2.RPT Glenn Nelson Park Improvements mg Imrm,B Ca r ' mmuur for OOIDOOR Eligible Reimbursement Activities Report 119HICHERTION ' Project Sponsor: Kent Parks, Rec& Comm Sery Project Number: 03-1264 D Project Title: Glenn Nelson Park Improvements IAC Approval: 4/2/2004 Development Items: , Items Elements Unit Quantity Description Architectural&Engineering A&E development Lump Sum 100 Athletic Fields Baseball infield Each 100 65'and 60' Athletic Fields Irrigation-automatic for turf/playfield Acres 300 Main line,laterals,and heads Athletic Fields Safety netting Sci Ft 4,00000 Safety netting 20'high for soccer and baseball Athletic Fields Soccer field-natural turf Each 100 300'X 165' Athletic Fields Soccer goals Parr 100 permanent soccer goals Fencing&Gates Fencing-chain link Linear Ft 77000 10'high,9 gauge Landscaping Drainage system Lump sum 100 corrugated,perforated pipe sub drainage Landscaping Grass-hydro seed Acres 300 Park Furniture Drinking fountain Each 100 Frost Free,ADA compliant Park Furniture Picnic pads-concrete Each 400 14X16' Park Furniture Tables Each 400 4'X B'Aluminum ADA accessible Park Furniture Trash receptacles Each 400 Metal Self closing Permits Permits Lump sum 100 Sales Tax Sales Tax Lump Sum 100 Site Preparation Grading Acres 300 Trails Paths-access routes Linear Ft 1,00000 6'side,concrete Utilities Catch basins Each 400 ELIGREIM.RPT April 25, 2004 Page: 1 pe. {ntcra8f°7' Comm:ner for OUTODOR Milestone Report By Project 2 RECRERTION ' Project Number: 03-1264 D Project Name: Glenn Nelson Park Improvements 'Sponsor: Kent Parks, Rec& Comm Sery IAC Project Manager: Darren Jennings millp Project Start 04/02/2004 I A&E Complete/Permits Submitted 04/30/2004 Plans & Specs Reviewed by IAC 05/14/2004 Bid Awarded 05/31/2004 t Construction Started 06/01/2004 Annual Project Billing 06/30/2004 t Project Complete 03/31/2005 A[Final Docs & Billing to IAC 0 6/3 012 00 5 'C= Milestone Complete t =Critical Milestone USTORPT April 25,2004 Page 1 Kent City Council Meeting Date June 1, 2004 Category Consent Calendar 1. SUBJECT: INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION GRANT FOR UPLANDS PLAYFIELD MAINTENANCE — ACCEPT LAND AMEND BUDGET ' 2. SUMMARY STATEMENT: The Parks and Human Services Committee recommends Council accept the $25,000.00 grant, authorize the Mayor to enter into an agreement with the Interagency Committee for Outdoor Recreation, and approve the ' expenditure of funds for improvements to Uplands Playfield. ' The IAC Youth Athletic Facility Program Grant will provide improvements including ADA field access, irrigation, and new perimeter fencing. 3. EXHIBITS: Award letter and Agreement No. 03-1262D from IAC 4. RECOMMENDED BY: Parks & Human Services Committee and Parks Director ' (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT ' Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund P20046 Amount $25,000.00 Unbudgeted Revenue: Fund P20046.53405 Amount $25,000.00 ' 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: Council Agenda Item No. 6Q ' Interagency Committee for Outdoor Recreation „t�,nvjj Salmon Recovery Funding Board 360/902-3000 x 360/902-2636 t 360/902-3026 (fax) J 360/902-3026 (tax) email info@iac wa gov email saimon@Iac wa gov STATE OF WASHINGTON OFFICE OF THE INTERAGENCY COMMITTEE 1111 Washington Street SE PO Box 40917 April 25, 2004 Olympia,WA 98504-0917 Shane Gilbertson Kent Parks, Rec&Comm Sery 220 4th Ave S Kent,WA 98032-5895 RE: Uplands Playrield Maintenance, IAC#03-1262D Dear Mr Gilbertson: Congratulations on your successful application for grant funds for the Uplands Playrield Maintenance project. Your protect Is administered by the Interagency Committee for Outdoor Recreation (IAC) Enclosed are two original sets of project agreement materials. Each set contains the Project Agreement, Milestone Report, Eligible Reimbursement Activities Report, and an Invoice Voucher. Also enclosed are policy manuals for reference as you Implement your project and seek reimbursement. After reviewing your ' Project Agreement materials, please have the appropriate person sign each Project Agreement and return one signed original. Once the Project Agreement Is signed and returned, the Uplands Playrield Maintenance project can commence. Prompt implementation and completion of your project Is extremely important and will ensure the continuing success and credibility of the Youth Athletic Facility Program by demonstrating effective results to citizens and policy makers We encourage you to offer appropriate media opportunities to help build public awareness of the project's purposes and benefits. As a way of assisting you In that effort, enclosed Is a suggested news release for your use. Acknowledging the assistance provided by this grant program helps Increase the public's ' understanding of the value the funding provides to communities Please notify your IAC project manager of any event celebrating your project's beginning or completion. As always, staff Is available to answer questions that may arise during project implementation. If you need assistance, please contact Darrell Jennings at(360)902-3020 or darrellj@iac.wa.gov. Thank you again for helping make this valuable investment in Washington State's recreation, conservation, ' and natural resources. Sincerely, ' Laura Eckert Johnson Director Enclosures AGRECVR RPT rci�' YAF Project Agreement ' Youth Athletic Facility Grant Account ' Project Sponsor: Kent Parks, Rec&Comm Sery Project Number: 03-1262D Project Title: Uplands Playfield Maintenance Approval Date: 4l212004 ' A. PARTIES OF THE AGREEMENT This Project Grant Agreement(Agreement)is entered into between the Interagency Committee for Outdoor Recreation ' (IAC), P.O. Box 40917, Olympia,Washington 98504-0917 and Kent Parks,Rec&Comm Serv,220 4th Ave S, Kent, WA 98032-5895 (Sponsor)and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT ' This Agreement sets out the terms and conditions by which a grant is made from the Youth Athletic Facility Grant Account of the State of Washington's General Fund. The grant is administered by the JAC to the Sponsor for the project named above. C. DESCRIP77ON OF PROJECT The subject Project is described on the attached Project Summary. ' D. TERM OF AGREEMENT The Project Sponsor must insure that the facility developed,improved,and/or maintained through the Youth Athletic Facilities Account funding identified in the Project Agreement is made available for public youth and/or community athletics for a minimum of twenty(20)years from the date of project completion. E. PERIOD OF PERFORMANCE The Project reimbursement period shall begin on April 16,2004 and end on March 31,2005. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this ' Agreement F. PROJECT FUNDING The total grant award provided by the IAC for this project shall not exceed$25,000 00. The IAC shall not pay any amount beyond that approved for funding of the project. The Sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as indicated below: Percentage Dollar Amount IAC -YAF - Maintaining 27.03% $25,000.00 ' Project Sponsor 72.97% $67,491.00 Total Project Cost 100.00% $92,491.00 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments,including the Sponsor's Application,Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the General Provisions,all of which are attached hereto and incorporated herein. Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such alterations,except those concerning the period of performance, must be signed by both ' parties. Period of performance extensions need only be signed by IAC's Director. The Sponsor has read,fully understands and agrees to be bound by all terms and conditions as set forth in these documents. YAF Project Agreement Youth Athletic Facility Grant Accol- Chapter 79A.25 RCW, Chapter286 WAC Page PROJAGR 1.RPT H. COMPLIANCE WITH APPLICABLE STATUTES,RULES, AND IAC POLICIES This Agreement is governed by,and the Sponsor shall comply with, all applicable state and federal laws and ' regulations, including Chapter 79A.25 RCW, Chapter 286 WAC and published agency policies,which are incorporated herein by this reference as if fully set forth 1. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS ' The Project Sponsor must ensure that the facility acquired,developed, improved, and/or maintained through the Youth Athletic Facilities Account funding identified in this Project Agreement is made available for public youth andfor community athletics for a minimum of twenty(20)years from the date of project completion. ' Project Completion begins at IACs issuance of final reimbursement Should the facility become unavailable for public youth and/or community athletic use during this 20 year period, except as provided for in Section 25 (b), IAC requires the project sponsor to replace all entirely or ' partially funded project elements within this agreement. J. FEDERAL FUND INFORMATION ' (none) K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: ' Project Contact IAC Name: Shane Gilbertson Interagency Committee for Outdoor Recreation Title: Project Manager Natural Resources Building , Address: 220 4th Ave S PO Box 40917 Kent,WA 98032-5895 Olympia,Washington 98504-0917 www.iac.wa.gov/iact , These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIRE AGREEMENT This agreement,along with all attachments,constitutes the entire agreement of the parties. No other understandings,oral or otherwise, regarding this Agreement shall exist or bind any of the parties. , M. EFFECTIVE DATE This agreement,for project#03-1262D, shall be effective upon signing by all parties. STATE OF WASHINGTON r INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION /t4 BY: �.cZ.. �. �7 D r1 +� A (1ti� DATE: Laura Eckert Johnson, Director PROJECT SPONSOR ' 8Y: DATE: TITLE: ' Pre-approved as to form: BY: /S/ ' Assistant Attorney General YAF Project Agreement Youth Athletic Facility Grant Accoun Chapter 79A.25 RCW, Chapter 286 WAC Paae 2 of 7 PROJAGR2RPT I K /nt�ragmry f Youth Athletic Facilities Cammrnct as �--� N UTOOM CHERTION Malntaininq Cateqory Post-Evaluation Project Summary TITLE: Uplands Playfield Maintenance NUMBER: 03-1262D (Development) STATUS: Board Funded SPONSOR: Kent Parks, Rec & Comm Sery EVALUATION SCORE: 44 6250 BOARD RANKING: 6 of 33 COSTS: SPONSOR MATCH: YAF- Maintaining $25,000 27% Appropriation 1 Cash Local $67,491 73% Donated Labor Grant-Other Total $92,491 100% DESCRIPTION: Uplands Playfleld in Kent in King County is a 2.3-acre park with two youth baseball/softball fields used for organized league play and casual neighborhood pickup games Currently, the maintenance staff has to drag hoses and water the fields by hand because an automatic irrigation system does not exist. This task is labor-intensive and prevents staff from completing other park duties. After a typical season with prolonged use and heavy exposure to the sun, the turf is so stressed it is prone to disease and sometimes dies and needs to be re-seeded. With an automatic irrigation system installed, it will allow the city to implement a turf management program where the fields would be fertilized and watered on a regular basis. Grant funds would also be used to replace perimeter fencing that is close to 30 years old and is in poor condition. In several spots fencing is non-existent and in others it is rusted and bowed out causing a safety hazard. The existing garbage cans, player benches, base line fencing,and backstops are not as old as the perimeter fencing; however, due to heavy use they are also in desperate need of replacing We will install a concrete mow strip under the new fence that will eliminate the need for weed eating or spraying herbicide. Finally, Uplands Playfield is only ADA accessible from the parking lot to the Interurban Trail. There is no accessible route from the trail to the spectator bleachers and player benches. Grant funds would be used to create a concrete accessible route. LOCATION INFORMATION: Immediately north of the downtown area in Kent. YAF GROUP: Statewide COUNTY: King SCOPE(ELEMENTS): Architectural & Engineerinq Landscapinq Trails Athletic Fields Park Furniture Fencing & Gates Sales Tax FISCAL YEAR: 2004 DATE PRINTED: April 25, 2004 +MAnei uAo OOT Uplands Plavfield Maintenance Inrnngrnry I [KRICHERTION Commmrr for Offoom Eligible Reimbursement Activities Report Project Sponsor: Kent Parks, Rec& Comm Sery Project Number: 03-1262 D Project Title: Uplands Playfield Maintenance IAC Approval: 4/212004 Development Items: Items Elements Unit Quantity Description _ Architectural&Engineering A&E development Lump Sum 100 Athletic Fields Backstops Each 200 30'high Athletic Fields Irrigation-automatic for turf/playfield Acres 230 Fencing&Gates Concrete barrier Linear Ft 30000 18'wide mow strip under ' fencing Fencing&Gates Fencing-chain link Linear Ft 55000 8'high 9 gauge Landscaping Grass-sod Acres 230 Park Furniture Benches Each 400 player benches in doug owls Park Furniture Trash receptacles Each 4.00 Self dosing,metal Sales Tax Sales Tax Lump Sum 100 Trails Paths-access routes Linear Ft 19500 5 mde,concrete i f i i ELIGREIM.RPT April25, 2004 Page. 1 IntrragrMy Comm:t#r for OUTDOOR Milestone Report By Project ' RECRERTIDN Project Number: 03-1262 D Project Name: Uplands Playfield Maintenance Sponsor: Kent Parks, Rec & Comm Sery IAC Project Manager: Darrell Jennings x I Milestone Target ►.te Commenti i• , Project Start 04/16/2004 t Construction Started 07/01/2004 I Project Complete 0 313 1/20 0 5 Final Docs & Billing to IAC 06/30/2005 =Milestone Complete Critical Milestone i April 25,2004 Page: t Kent City Council Meeting Date June 1, 2004 Category Consent Calendar 1. SUBJECT: RESOLUTION FOR GRANT APPLICATION TO THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION FOR EAST HILL SKATE PARK DEVELOPMENT—ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. authorizing application to the Interagency Committee for Outdoor Recreation (IAC) in pursuit of funding additional development at East Hill Skate Park, as recommended by the Parks & Human Services Committee. Financial assistance is being pursued to supply additional park amenities generated by the partnership with Arbor Village. Development includes a rock-type playground area, Bocce ball, croquet and volleyball. Originally the plan for the 1.9 acre site located at SE 240th and I I6th Ave. SE incorporated a BMX bike track, a skatepark, climbing rocks, shelter, and a parking lot. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Parks & Human Services Committee and Parks Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund Amount S 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6R 1 i RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, authorizing application to the Interagency Committee for Outdoor Recreation (IAC) for state funding assistance for a Washington Wildlife and Recreation Program("WWRP"), as provided in Ch. 79A.15 RCW. RECITALS A. The City of Kent has approved a comprehensive plan that includes the East Hill Skate Park development project. B. Under the provisions of the WWRP, state funding assistance has been requested to aid in financing the development cost of the East Hill Skate Park. C. The City of Kent considers it in the best public interest to complete the development project described in the application in order to develop the East Hill Skate Park area. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 IAC Resolution— East Hill Skate Park Development RESOLUTION SECTION I. — Application. The City's director of Parks, Recreation, and Community Services is authorized to make formal application to IAC for funding assistance. SECTION 2. — Use o Funds. Any funding assistance received will be used for the implementation of the project referenced above, which is the development of the East Hill Skate Park area. SECTION 3. — City's Share of Fundi The City of Kent certifies that its share of project funding is committed and will be derived from land donation and real s estate excise tax revenues. i SECTION 4. —Non-cash Commitments. The City of Kent acknowledges that it is responsible for supporting all non-cash commitments to the sponsor share should they not materialize. SECTION S. — Use Retained in Perpetuate. The City of Kent acknowledges that any property acquired or facility developed with IAC financial aid must be placed in use as an outdoor recreation facility and be retained in such use in perpetuity unless otherwise provided and agreed to by the City of Kent and IAC. SECTION 6. —Resolution —Part of Application. This resolution may become part of a formal application to IAC. SECTION 7. — Public Comment. The City of Kent provided opportunity for public comment on this application at a Parks Committee public meeting on February 19, 2004. 2 IAC Resolution — East Hill Skate Park Development i SECTION 8. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 9. — Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 10. — 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 May, 2004. CONCURRED in by the Mayor of the City of Kent this day of May, 2004. JIM WHITE,MAYOR ATTEST: BRENDA JACOBER,CITY CLERK APPROVED AS TO FORM. TOM BRUBAKER, CITY ATTORNEY 3 IAC Resolution— East Hill Skate Park Development 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 May, 2004. BRENDA JACOBER, CITY CLERK r e MWM)I�AC ae i�ieeanc.eri 4 IA Resolution— East Hill Skate Park Development Kent City Council Meeting Date June 1, 2004 Category Bids 1. SUBJECT: KENT GOLF PAR 3 CLUBHOUSE ROOF— AWARD 2. SUMMARY STATEMENT: The bid opening was held on May 19, 2004 with five (5) bids received. The apparent low bid was submitted by Wayne's Roofing in the amount of$28,480.00, including Washington State Sales Tax (WSST). The Engineer's estimate was $26,000.00, excluding WSST. The Parks Director recommends Council authorize the Mayor to enter into an agreement with Wayne's Roofing in the amount of$28,480.00 to complete the roofing project at the Par 3 Clubhouse at the Riverbend Golf Complex. 3. EXHIBITS: Bid tab 4. RECOMMENDED BY: Parks Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember PXAM r7kv moves, Councilmember 964,4,k seconds to authorize the Mayor to enter into an agreement with Wayne's Roofing in the amount of$28,480.00 (including WSST) to complete the roof project on the Par 3 Clubhouse at Riverbend Golf Complex. DISCUSSION: ACTION: �� C Council Agenda Item No. 8A CITY OF KENT PARKS FACILITIES BID TAB May 19, 2004 PROJECT: Kent Par 3 Clubhouse Re-roofing BIDDER Wayne's Roofing $28,480.00, including WSST Lloyd Lynch $30,964.00, including WSST Scholten Roofing $32,690.00, including WSST Rainbow Federal $40,999.00, including WSST Snyder Roofing $43,000.00, including WSST Engineer's Estimate: $26,000.00, excluding WST i 1 1 Kent City Council Meeting Date June 1. 2004 Category Bids 1. SUBJECT: PACIFIC HIGHWAY SOUTH STORM DRAINAGE IMPROVEMENTS, SOUTH 268TH STREET TO SOUTH 252No STREET— AWARD 2. SUMMARY STATEMENT: The bid opening for this project was held on May 20, 2004, with nine bids received. The low bid was submitted by Pivetta Brothers Construction, Inc. in the amount of$539,700.50. The Engineer's estimate was $599,131.00. 3. EXHIBITS: Public Works Director's memorandum 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? _ Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to authorize the Mayor to enter into a contract to award the Pacific Highway South HOV Lanes — 2004 Storm Drainage contract to Pivetta Brothers Construction, Inc. in the amount of$539,700.50. DISCUSSION: ACTION: 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 1 WASHINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 May 21, 2004 TO: Mayor White and Kent City Council FROM: Don Wickstrom, Public Works Director SUBJECT: Pacific Highway South HOV Lanes—2004 Storm Drainage Bid opening for this project was held on May 20, 2004 with nine bids received. The lowest bid was submitted by Prvetta Brothers Construction, Inc in the amount of$539,700 50 The Engineer's estimate was $599,131 00 The Public Works Director recommends awarding this contract to Prvetta Brothers Construction, Inc Bid Summary Prvetta Brothers Construction, Inc. $539,700 50 R W Scott $560,256 14 Archer Construction, Inc. $565,888 00 Laser Underground $586,312.00 SCI Infrastructure, LLC $624,228 00 Rodarte Construction, Inc. $665,711.00 Dennis R Craig Construction, Inc $681,007 65 Westwater Construction Co. $719,199 00 D D.J Construction Co., Inc. $755,314 00 Engineer's Estimate $599,131.00 Mayor White and Kent City Council Pacific Highway HOV Lanes—2004 Storm Drainage-Award Bid 1 IKent City Council Meeting Date Ju ne 1 2004 Category Bids 1. SUBJECT: PUMP STATION 5 GENERATOR UPGRADE—AWARD 2. SUMMARY STATEMENT: The bid opening for this project was held on May 24, 2004, with one bid received. The bid was submitted by RTB Contracting, Inc. in the amount of$8034.35. The Engineer's estimate was $67,456.00. 3. EXHIBITS: Public Works Director's memorandum 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? _ Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to authorize the Mayor to enter into a contract to award the Pump Station 5 Generator Upgrade contract to RTB Contracting, Inc. in the amount of$80,034.35, DISCUSSION: ACTION: Council Agenda Item No. 8C PUBLIC WORKS DEPARTMENT Don E Wickstrom, P.E Public Works Director Phone 253-856-5500 K E N T Fax 253-856-6500 WASHINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 May 26, 2004 TO: Mayor White and Kent City Council FROM: Don Wickstrom, Public Works Director SUBJECT: Pump Station 5 Generator Upgrade Bid opening for this project was held on May 25, 2004 with one bid received. The bid was submitted by RTB Contracting, Inc. in the amount of$80,034.35. The Engineer's estimate was $67,456.00. The Public Works Director recommends awarding this contract to RTB Contracting, Inc. Bid Summary RTB Contracting, Inc $80,034.35 Engineer's Estimate $67,456 00 Mayor White and Kent City Council Pump Station 5 Generator upgrade-Award Bid 1 Kent City Council Meeting Date June 1, 2004 Category Bids 1. SUBJECT: UPPER MERIDIAN VALLEY CREEK IMPROVEMENTS — AWARD 2. SUMMARY STATEMENT: Public Works is requesting the motion to authorize the Mayor to sign the construction contract for the Upper Meridian Valley Creek Improvement project to the lowest responsive bidder which is estimated to be below $5871000.00. 3. EXHIBITS: Public Works Director's memorandum 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember W moves, Councilmember seconds to authorize the Mayor to enter into a contract to award the Upper Meridian Valley Creek Improvements to the selected lowest responsive and responsible bidder at the bid re-opening on June 4, 2004, provided the response bid is less than $587,000.00. jDISCUSSION: ACTION: �� Council Agenda Item No. 8D PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P E Public Works Director Phone 253-856-5500• KEN T Fax 253-856-6500 WASHINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: May 25,2004 TO: Mayor White and Kent City Council FROM: Don Wickstrom, Public Works Director SUBJECT: Upper Meridian Valley Creek Improvements Project MOTION: Councilmember moves, Councilmember seconds, to authorize the Mayor to enter into a contract to award the Upper Meridian Valley Creek Improvements to the lowest responsive bidder at the bid re-opening on June 4, 2004, provided the responsive bid is less then $587,000.00. SUMMARY: This contract previously went to advertised bids on May 24, 2004 with eight bids received. Due to errors and potential bid protests bids for this project were rejected. In order to meet construction deadlines, staff immediately re-advertised the project, setting a new bid opening date of Friday June 4 Public Works is requesting the motion to authorize Mayor White to sign the construction contract for the Upper Meridian Valley Creek project to the low responsive bidder which we estimate to be below$587,000.00 ($534,624.70 plus 10%). If the matter were to wait for the 6/14/04 Council meeting important construction time would be lost. Because this project involves working in a fish bearing stream all work must be completed within the fish window making everyday critical to getting the project implemented. May 24 h Bid Summary R.W. Scott $513,033.35 Wagoner Development $540,526.02 Americon, Inc. $639,028.70 Pivetta Brothers Construction $640,952.77 Westwater Construction $662,118.72 SCI Infrastructure $666,922.25 Road Construction NW $671,350.40 Frank Coluccio Construction Company $760,768.77 Engineer's Estimate $534,624.70 BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact Mayor White and Kent City Council 1 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT PI"M B. OPERATIONS COMMITTEE � Z i �YVLu wi Q,cn/un d I O ctx,q C. PUBLIC SAFETY COMMITTEE PTA- Sf l 1 �6 t-kt CtF� 47AJOd D. PUBLIC WORKS �i1f 0 Y1 E. PLANNING COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS REPORTS FROM SPECIAL COMMITTEES Operations Committee Minutes May 4,2004 Committee Members Present: Chair Tim Clark, Julie Peterson and Bruce White The meeting was called to order by Tun Clark, Chair at 4.02 p.m. There was an added item regarding the Kent Bike Festival. KENT BIKE FESTIVAL Economics Development Manager Nathan Torgelson and Recreation and Cultural Services Superintendent Lori Hogan presented the added item regarding the upcoming Kent Bike Festival. Mr. Torgelson advised that Councilmember Tim Clark asked that the community be advised of this upcoming event, which is supported by Kent Kuwanis Mr. Torgelson introduced Aaron Renner who is the organizer of the Kent Bike Festival that is an event that is scheduled in downtown Kent on Sunday, May 30, 2004. Mr Torgelson advised that from an economic development perspective this event will attract up to 700-100 people into downtown Kent on a Sunday for a series of bike races. Some participants will be from out of town and utilizing local hotels and restaurants. Streets will be closed for the race and some of the local restaurants have agreed to be open on Sunday during the race. Lori Hogan advised that the City was approached by Aaron Renner to hold the City's first bike 1 race. She was impressed by his enthusiasm and his professional approach. The Kent Bike Festival is an important regional event. This event is part of USA Cycling's Lance Armstrong Junior Olympic Race Series (LAJORS), and is expected to draw in excess of 250 cyclists from throughout the Pacific 1 Northwest. The festival is designed to promote and develop youth cycling in the Greater Seattle Area. Top junior (U-18) cyclists from Washington, Oregon, and British Columbia are expected to attend as well as regional senior and masters level cycling teams. In addition to competitive cyclists from throughout the region, students from local elementary schools are also strongly encouraged to attend the Kent Bike Festival. This event will include free helmet fittings, a bike rodeo, and a Redline BMX demonstration: all designed to teach youth about bicycle safety. The Kent Bike Festival has a cnterium-style race course through the heart of downtown Kent In addition to the racing action,this event will also occupy the municipal lot between Smith and Harrison Streets. This lot will be used for the youth bike rodeo, helmet fittings, a BMX demo by the Redline Racing Team, and to provide exposure for local businesses. This lot will be the heart of the Kent Bike Festival. Mr. Clark inquired of which streets will be affected Aaron Renner advised that Harrison Street, 2nd Avenue, Meeker Street, Gowe Street, 1'Avenue, and 4th Avenue. This event will not reach up to the Kent Commons. The sidewalks will all be open for the spectators and local businesses in the area have been encouraged to remain open during the event Meeker Street Deli and Mom's County Kitchen have committed to setting up barbeque style menus. Local businesses have been notified of the event, appropriate signage for the traffic plan per the public works and engineering department will be set. Great day for families. Lori Hogan commended Aaron Renner for a job well done and reminded everyone that Kent is Sportstown USA. Aaron stated that to make it a even more family friendly event there will be free kids races at 2:40 p.m., from tricycles to 10 years old. 1 Operations Committee, 5/4/2004 APPROVAL OF MINUTES DATED APRIL 20, 2004 Julie Peterson moved to approve the minutes of the April 20, 2004, Operation Committee meeting. The motion was seconded by Bruce White and passed 3-0. APPROVAL OF VOUCHERS DATED APRIL 30, 2004 Finance Director Bob Nachlinger presented the vouchers for April 30, 2004, for approval. Julie Peterson moved to approve the vouchers dated April 30, 2004. Bruce White seconded the motion, which passed 3-0. 2004 Is'QUARTER FINANCIAL REPORT Finance Director Bob Nachlinger advised the Committee that the 2004 1' Quarter Financial Report was provided for informational purposes at the April 20, 2004, Operations Committee meeting. Mr Nachlinger wanted to provide the Committee the opportunity to discuss any items on the Report. Tim Clark askedif r there is anything that would run a red flag with department heads. Mike Martin advised that virtually every department has some concern they would advise him was a red flag. He advised the Law Department is down two attorneys which they consider to be critical. Mr. Martin advised that in the 2003 budget positions were deleted that were non-public safety. The public safety positions were frozen He advised that the reason the community sees a predominance of public safety is because they others have been stripped. Mr. Martin advised that there is no department that is not missing critical positions at this time. Mr. Clark stated he was fully aware that the City had cut into the bone during the last round of lay offs and that unfortunately the City is handicapped even though the City's service levels have not dropped. The demand for service is there and the number of support services that are so critical just for compiling data you can put it on hold but you can't do it without a cost. It slows down the operation. Mike Martin advised administration will wait until the end of the next quarter to see how sales tax revenue is doing before considering filling vacant positions. Mr. Clark advised at some point there will need to be the discussion of prioritization and re-establishment as the City stabilizes. Julie Peterson did have minor questions, however, she stated she would arrange to schedule a time with Mr. Nachlinger to discuss her questions or concerns. No action was taken as this item was placed on the agenda for discussion purposes only. BIENNIAL BUDGET ADOPTION ORDINANCE Finance Director Bob Nachlinger presented the Biennial Budget Adoption Ordinance which was previously brought before the City Council at the study session held on April 13,2004, to establish a biennial budget process for the City of Kent as opposed to the annual process. Mr. Nachlinger advised that the biennial budget process allows administration to focus more of its time on achieving 2 t Operations Committee, 5/4/2004 the goals as established by the City Council and less time in working with an annual budgeting process. We anticipate that this change in the way we budget will free a significant amount of time in the various departments of the City in each of the off budget years. It would provide the Finance 1 Department to spend more time doing analytical work and budget planning for the next biennium. Mr. Nachlinger advised that the biennial budget process is currently being utilized in Federal Way, Renton, and Tacoma. He stated that these cities have advised him that the biennial budget process 1 performs a great benefit and service for their cities and that MRSC has numerous articles regarding the biennial budget process on its website. Tim Clark inquired that while a biennial budget process does bring stability to budget planning in the long range picture, how does a growing city like Kent cope with unusual conditions which suddenly come into play that can dramatically impact a particular section of the budget? Mr. Nachlinger advised that certain projects would be anticipated into the budget planning process and if any unforeseen event occurs which was not included in the budget the same process to amend the budget would be available as it is with an annual budget. Mr Clark again inquired regarding political decisions which would have an effect on the City in terms of expectations from Homeland Security or even King County as its budget process implodes and it continues to unload its duties on cities. Mr. Clark stated his concern that a simple piece of legislation could suddenly open the door to allow King County to unload and then its in the City's lap. Mr Clark stated that is a real nightmare for him. He stated putting the City in a two year budget is not an overwhelming problem, but collectively the force could be frightening to this impact. Mr.Nachlinger reiterated that that scenario could happen during an annual budget process as well in which case the City would seek to amend the budget or adamantly be opposed to any legislation that King County may try to hand off. Chief Administrative Officer Mike Martin stated he spoke with some of the cities who use the biennial budget process. He stated ironically it is the lack of discipline by the city that uses the process that causes the problems. He stated that the most successful cities are the cities that tinker with the budget during the off year, go back and check their revenues and make sure they are relatively on target. In an off year he anticipates the City would focus on performance measures and tying those more closely to the budget. The more successful cities are those which are able to say this is not the year to do the budget, they leave it alone except for the necessary adjustments and focus on the areas which are more strategic. Assistant Finance Director Cliff Craig stated that it appears the Committee is concerned with losing some of the stability of the annual budget process by adopting a biennial process. He stated that when the City amends the biennial budget it can amend both years, He stated that if it is something that happens in the first year of the biennial budget the City can also amend the second year. Tim Clark stated his problem with a biennial budget process is the current climate that the City is operating in. The City was previously secure with a 10% reserve that basically helped the City get through some of the difficult times. He has a question of whether we are extremely vulnerable if the City were to go forward with adopting a biennial budget process under the City's current economic conditions. Mr. Clark advised the process would be logical during a stable environment and with a beginning point in the budget that is also stable. He stated that unfortunately the City is not at that stage. That is what makes him nervous. He believes the template that the ordinance offers is absolutely correct in a stable environment. Craig Cliff stated that the converse to that is that when you look at the trends that are unexpectedly going adversely is that by virtue of looking at a two year packet sometimes that affords a greater amount of discipline to look at. 3 Operations Committee, 5/4/2004 Julie Peterson stated she had a number of concerns with the ordinance itself. She stated she is not necessarily opposed to a biennial budget but would like more analysis in terms of how it is working with cities of similar size, what are the downsides to it, both economically and politically. She wanted to clarify job titles contained in the ordinance, the compensation regarding the hearing examiner, authority to transfer funds. She would like to know what the Council's choices are. She would like clarification of the ordinance as she felt it was vague. Bob Nachlinger stated that a ' portion of the ordinance which adopts a biennial budget is section 1, the other sections merely make the amendments in the current code to conform and strike the annual budget and amend it to biennial. Mike Martin stated that the ordinance will be clarified. Mr. Martin stated that the law requires that when you adopt a biennial budget the statute requires that it can only be done at a certain time in the year and this is the time of the year. The City has no say over the cycle. The State legislature audits it. That is why it is being brought to the Committee and City Council now instead of next year. Julie Peterson inquired that it would be necessary to adopt a biennial budget process by July I". Bob Nachlinger advised that was correct. Julie Peterson advised she was not comfortable with the proposed ordinance. She understands its purpose of changing from annual to biennial but she would prefer that her concerns regarding the duties and responsibilities of the planning manager, the arts commission, the $2.00 per capita of the arts budget, and other concerns be addressed and that a biennial budget adoption ordinance be passed which is consistent. Mike Martin and Bob Nachlinger advised they would go through the ordinance and make the proper revisions and that they would make available to her direct verbiage and quotes from cities which have adopted a biennial budget ordinance. Tim Clark asked Bob Nachlinger to focus on cities comparable to Kent which are growing communities for increasing urbanization. Bruce White stated he did not have a problem with the ordinance. He understands that all the ordinance does is modify the sections which reference an annual budget and amends it to say it's a biennial budget. He stated he felt that the areas contained in the proposed ordinance which Julie Peterson addressed are not in this ordinance that those revisions be made. Bruce White advised that in his view those amendments should be made during the budget process. Julie Peterson did not disagree with Bruce White, however, she felt for efficiency she would rather it be as detailed and thorough rather than having to come back with numerous revisions. Tim Clark stated that he still has questions and inquired whether the matter should be brought back to Operations Committee in two weeks or a month. Mike Martin stated that if the information can be gathered and provided in a timely fashion he would prefer to have the matter back before the Operations Committee in two weeks. He stated the City is at the beginning of the budget process and this proposed ordinance is the first step. Julie Peterson moved to bring the Biennial Budget Ordinance back to the next meeting on May 18, 2004. Bruce White seconded the motion,which passed 3-0. The meeting was adjourned at 4:42 p.m. Renee Cameron Operations Committee Secretary 4 Parks and Human Services Committee Minutes April 15, 2004 1 Committee Members Present: Chair Julie Peterson, Debbie Raplee, Deborah Ranniger Chair Julie Peterson called the meeting to order at 4:05 p.m. 1 1. Approval of Minutes of March 18, 2004 Councilmember Raplee moved to approve the minutes of March 18, 2003. Councilmember Ranniger seconded and the motion passed. 2. Western States Arts Federation Grant-Accept The City of Kent Arts Committee was awarded a Community Participation Pilot Project grant from Western States Arts Federation (WESTAF). The Kent Arts Committee is one of only three organizations throughout the Western United States that was selected to participate. The project is intended to help performing arts organizations in the West to develop effective on-going programs that will result in greater audience participation by members of underserved populations, particularly ethnic minorities. A project will be developed with assistance from the staff of "Grand Performances,"an organization that WESTAF has engaged as a partner in the Pilot Project. "Grand Performances" is a performing arts organization based in downtown Los Angeles that has a long history of cultivating diverse audiences. Councilmember Ranniger recommended accepting the $10,000.00 grant from Western States Arts Federation (WESTAF) and authorizing expenditure of funds to support the Community Participation Pilot Project. Councilmember Raplee seconded and the motion passed. 3. National Softball Association (NSA) Award Superintendent of Recreation Lori Hogan announced that Russell Road Park received the National Softball Association 2003 "Outstanding Park Award." The National Softball Association annually awards one "Outstanding Park" in each state. The award is based on a variety of criteria including field conditions, level of maintenance, player and team comments, park amenities, flexibility of scheduling and customer service. Russell Road Park was a recipient of this award in 1999, 2000 and 2001, as well. 4. King Conservation District (KCD) Grant for Canterbury Park This King Conservation District Special Assessment grant is for reimbursement of native trees and shrubs planted around the storm water retention pond at Canterbury Neighborhood Park. The goal of the project is to provide a maintenance-efficient and aesthetically pleasing natural storm water retention pond that provides wildlife habitat lost on adjacent developments. Councilmember Raplee recommended accepting the King Conservation District No 9 Grant for$7,901 19 and authorizing expenditure of funds to support the Canterbury Park Neighborhood Park Project Councilmember Ranniger seconded and the motion passed. i 5. First Quarter Fee-in-Lieu-of Funds From January through March 2004, the City of Kent received a total of$6,375 00 from developer Scott Otey, who voluntarily paid a fee in lieu of dedicating park land to mitigate the development of single-family homes at Christopher Ridge Subdivision. City Ordinance 2975 requires developers to construct a park or leave open space in proximity to new construction sites or qualify to pay"fee-in-lieu"funds. The obligation fee-in-lieu is based on lot and land size, and is concluded during the plan review process. The city has five years from the date of deposit to spend these funds for park acquisition, development, or open space. Fee-in-lieu-of funds are used for protects at an existing park closest to the development. Councilmember Ranniger recommended accepting the feel-in-lieu funds from the Christopher Ridge Subdivision for $6,375.00 and authorizing expenditure of funds to support the Canterbury Neighborhood Park Project. Councilmember Raplee seconded and the motion passed. 6. East Hill X-Park Master Plan Process Superintendent of Park Planning and Development, Lori Flemm reviewed the proposed master plan amenities. Originally, the plan included a BMX bike track, a skate park, a climbing wall, picnic shelter, and a parking lot. With the donation of 1 acre of land from Arbor Village, additional amenities include children's climbing boulders, a grassy area for Bocce ball, croquet or volleyball, raised garden beds, shuffleboard and a small pond. Lori stated that the Master Plan would go to the full Council as a workshop on May 4. A Public Meeting is scheduled for May 19, where nominations for naming the park will be accepted and the conditional use permit will be submitted. Simultaneously, staff will apply for grant funding through the Interagency Committee for Outdoor Recreation (IAC). The final master plan will be completed by September 2004 and then to Council for approval. Construction will start in March of 2005. 7. 2004 Interlocal Agreement for Waterfowl Management Director John Hodgson conveyed the goal of the Waterfowl Management Program and subsequent agreement is to reduce and/or alleviate property damage and human health and safety concerns from waterfowl, including contamination of potable water and recreation areas within King County. Each year the Interlocal Agreement must be renewed and authorized by each city involved in the agreement with the Wildlife Services Program of the U.S. Department of Agriculture. John reported a tremendous decline in the waterfowl problem observed by staff. Councilmember Raplee recommended authorizing the Mayor to sign the 2004 Interlocal Agreement for Waterfowl Management. Councilmember Ranrnger seconded and the motion passed. 8 Resolutions Authorizing Application to the Interagency Committee for Outdoor Recreation for Park Development and Land Acquisition Superintendent of Park Planning and Development explained that all of the grants are listed in the City's Comp Plan. The six grant applications intended for submittal to the Interagency Committee for Outdoor Recreation (IAC) are intended to fund the development of West Hill Park, and Eagle Creek Property through the Wildlife and Recreation Program (WWRP), Riverview Park through the Aquatic Lands Management Account (ALEA), Lake Meridian Boat Launch through the Boating Facilities Program (BFP), and Canterbury Neighborhood Park, and Clark Lake Property Acquisition through the Land and Water Conservation Fund (LWCF). Lori added that applications are due each spring, with results in the fall, and grant awards the following year. Counciimember Ranniger recommended approval of resolutions authorizing application to the Interagency Committee for Outdoor Recreation to fund the development of West Hill Park, Eagle Creek, Riverview Park, Lake Meridian Park Boat Launch, Canterbury Neighborhood Pak and Clark Lake Acquisition. Counciimember Raplee seconded and the motion passed. The meeting adjourned at 4:30 p.m. ! PLANNING& ECONOMIC DEVELOPMENT COMMITTEE MINUTES April 19,2004 COMMITTEE MEMBERS: Chair Tim Clark,Ron Hannon, Bruce White The meeting was called to order by Chair Clark at 4 10 P M ' Approval of Minutes of March 15,2004 Committee Member Harmon moved and Chair Clark seconded a motion to approve the minutes of the March ! 15, 2004 meeting The Motion carried 2-0 with Chair Clark noting Member White's concurrence International Building Codes Updates Ordinance and Resolution Building Official, Bob Hutchinson stated that the 2003 additions to the Building, Mechanical, Residential and Fire Codes, and the Uniform Plumbing Code along with the State Amendments becomes affective July 1,2004. Mr Hutchinson described the proposed draft Ordinance adopting the Building, Mechanical, Residential and Plumbing Codes along with the State Amendments noting that a majority of the local amendments retain existing administrative provisions applicable to the Uniform Building, Mechanical and Plumbing Code which are being replaced by the International Codes Mr Hutchinson cited examples of those provisions, stating that the remainder of this ordinance deals primarily with housekeeping changes. Mr Hutchinson stated that changes reflected in the Fees Resolution account for inflation, establishes permit fees,plan review fees, and fees related to the International and Uniform Codes Mr. Hutchinson stated that the building permit fee schedule for the Intemational Building and Residential Codes are unchanged, that those fees are determined administratively and based on the value of work being done He explained the changes made to the International Fire Code fees Mr Hutchinson answered questions from Members Clark and Harmon related to fee rates and free standing out building exemptions Fire Marshall Ken Weathenll spoke about the draft ordinance which amends and adopts the Fire Code as part of the International Code. He stated that this ordinance clarifies areas of the Fire Code not historically adopted by the State dealing with fire vehicular access, fire lines and fire apparatus. Mr Weatherill responded to questions by Member Harmon and Chair Clark concerning fire suppression requirements and model code language Member Harmon moved and Chair Clark seconded a motion recommending that City Council enact Ordinances adopting the Intemational Building, Residential, Mechanical and Fire Codes and the Uniform Plumbing Code together with the City's local amendments to those codes and that the City Council adopt the proposed fees resolution to those codes subject to final review and amendment by the City Attorney Motion Carried 3-0 with Bruce White's concurrence Countywide Planning Policies-Auburn as an Urban Center Planning Manager Charlene Anderson stated that once the GMPC, Growth Management Planning Council and King County have approved an amendment to the Countywide Planning Policies, that amendment goes to the Cities and County for ratification with approval of 30 percent of the Cities and Counties representing 70 percent of the population in order to pass She stated that Countywide Planning Policies provide a framework for Comprehensive Plan Amendments for all jurisdictions in the County Ms Anderson defined Urban Centers, stating that Auburn has requested to become an Urban Center. She stated that staff supports ratification of this amendment. Chair Clark expounded on Urban Centers. Member Harmon moved to recommend ratification of the amendment to the Countywide Planning Policies designating Downtown Auburn as an Urban Center as approved under the GMPC Motion 403-2 and to forward this to the Full City Council for final action Chair Clark Seconded the Motion Motion Carried 3-0 with Bruce White's concurrence Chair Clark adjourned the meeting at 4 35 p.m Pamela Mottram, ! Admin Secretary,Planning Services S TermaWlanTlannmg Commettee120041Mmutes1041904pc-men doc PUBLIC SAFETY COMMITTEE MEETING MINUTES April 15, 2004 COMMITTEE MEMBERS: Debbie Raplee,Les Thomas,Deborah Ranniger, Chair The meeting was called to order by Chair Deborah Ranniger at 5.00PM Chair Ranniger called for revisions to the agenda. Added: Item 3.(a.) Request authority for redistribution of 1996-2001 Working Together Federal Drug Elimmation grant funds from N000201 protect Removed Item 6 Homeland Security FY'03 Supplemental Grant/Hire Term Limit Temp Multi-discipline Planning and Exercise Coordinator per grant 1. Approval of Minutes of March 18,2004 Committee Member Raplee moved to approve the minutes of the March 18,2004 meeting. The motion was seconded and passed 3-0. 2. Reduce Underage Drinking Grant Amendment—Approve Funds will be used to conduct a statewide survey of community readiness in underage driving prevention activities. Committee Member Les Thomas moved to recommend authorizing the Kent Police Department to accept the increase of$10,000 for the Reduce Underage Drinking grant from OJJDP and to adjust the budget,and to place this on the Consent Calendar for the May 4,2004 Council Meeting. The motion was seconded and passed 3-0. 3. Washington Traffic Safety Commission Grant—Authorize Recently,the Legislature indicated a desire for a more broad traffic safety campaign. The focus of the enforcement will be on four critical traffic safety issues:speed, DUI, aggressive driving and seat belt use. Committee Member Debbie Raplee moved to recommend authorizing the Kent Police Department to apply for the Washington Traffic Safety Commission grant in the amount of$5,000.00 and placing this on the Consent Calendar for the May 4, 2004 Council Meeting. The motion was seconded and passed 3-0. 3 (a)(ADDED): Request Authority for redistribution of 1996-2001 Working Together Federal Drug Elimination Grant Funds from N000201 Proiect—Authorize Grant funds were originally setup with projected costs for the Spnngwood Project (N000201),but are no longer necessary These remaining funds will provide replacement vests for all the police officers Committee Member Les Thomas moved to recommend authorizing the redistribution of grant funds in the amount of$54,738.00 from the N00201 project to the General Fund and the Criminal Justice Fund and to place this on the Consent Calendar of the May 4,2004 Council Meeting. 1 1 The motion was seconded and passed 3-0. 4. Update on Police Strategic Plan—Information Only Debra LeRoy,Research and Development Analyst,Kent Police Department updated the members on the Police Strategic Planning Committee's plan to form community focus groups in the near future The format of the focus groups will be on common public safety issues in their area and what resources the Police could partner with to help the citizens and business owners resolve public safety issues. The focus groups will , represent a cross section of the community from West Hill, the Valley and East Hill 5. Community Emergency Response Team `03 Reimbursable Grant/Hiring of Program Development Contractor—Accept Emergency Management Division received a reimbursable grant from the King County Office of Emergency Management not to exceed $23,933.00,as part of the Washington's Homeland Security Region 6 grant for cities providing CERT training. Committee Member Debbie Raplee moved to recommend accepting the grant from King County Office of Emergency Management and also recommend the Council authorize the Kent Fire Department to hire a Program Development Contractor as outlined in the grant application estimates and placing this item on the consent Calendar of the May 4,2004 Council Meeting,and to establish budget documents as required. The motion was seconded and passed 3-0. 6. (REMOVED): Homeland Security FY'03 Supplemental Grant-Accept Hire a Term Limit Temp Multi-discipline Planning& Exercise Coordinator per grant- Authorize 7. Ordinance Prohibiting Fireworks in the Citv of Kent—Adopt , Chair Deborah Ranniger announced that the newspaper inaccurately advertised this committee meeting as a public meeting She clarified that no public comments will be accepted or recorded. Chief Crawford stated that the Police responded to over 300 fireworks related calls during the 4"'of July holiday The City conducted a survey and the results were: 56% strongly and somewhat in favor of banning,31%strongly and somewhat opposed. Chief Crawford became very concerned with the fireworks incidents recorded in 2003. The proposed ordinance would ban all fireworks with the exception of permitted fireworks displays. Fire and Police plan to work together to compile a business plan and present it to Council in May or June A public education campaign would be established to educate the community on the dangers of fireworks. Police and Fire would handle fireworks incidents together,enforcing the law at the scene. The RCW definition of Consumer Fireworks was distributed(attached). Chief Schneider shared an incentive program that is working in other cities. The program allows citizens to turn in illegal fireworks and the city in turn provides them with gift cards. Chief Schneider felt this program could be used successfully as part of the public education campaign Assistant City Attorney Brett Vinson explained RCW codes require that all public displays of fireworks have a license,permit and one million of insurance. He added that state regulations can require pyrotech experience,as wel I. Public Safety Committee Minutes 2 ' Norember 17,2003 Lobbyist Jerry Farley,representing the Non-Indian Fireworks Association conveyed there is an RCW code for fireworks,effective 1984 that allows provision for"consumer fireworks". He said it has a different classification for consumers and the only requirement is a city permit at not cost. He added that all fines under code go to a trust fund for public education and enforcement Mr.Farley wants to work collaboratively with the Fire and Police chiefs on this issue rAssistant City Attorney Vinson concluded that the proposed ordinance provides an option to change civil code of the enforcement provision The charge could be a misdemeanor with a penalty of ticket and fine,or it could be charged as a criminal offense with jail time and a higher fine The Committee Members want to look at more options before making a decision They suggested coming back to the next meeting with legal issues,data on incidents, booth owners and clarification on the administrative code. Committee Member moved to table this item until the next meeting. The motion was seconded and passed 3-0 The meeting adiourned at 6:10 PM. Teri Petrole i 1 1 1 1 1 1 i ' Public Safety Committee Minutes 3 November 17,2003 ' PUBLIC WORKS COMMITTEE MINUTES April 19, 2004 COMMITTEE MEMBERS PRESENT Chair Bruce White,Ron Harmon,Debbie Raplee The meeting was called to order by Committee Chair Bruce White at 5 03 P M ' Approval of Minutes of April 5.2004 Committee Member Ron Harmon moved to approve the minutes of April 5, 2004 The ' motion was seconded by Committee member Debbie Raplee and passed 3-0 Street Vacation—145'h Place SE—Set Hearing Date Don Wickstrom said a valid petition to vacate a portion of 145th Place SE was received In accordance with state law, apubhc hearing must be held. Debbie Raplee moved to recommend Council adopt a resolution setting a public hearing date of June 15,2004 for the Street Vacation located along a portion of 145t° Place SE. The motion was seconded by Ron Harmon and passed 3-0. 228`"Street Property Acquisition-Approve Don Wickstrom said to complete the S 228 Street Extension Kent requires property located north of the Kent-Highlands Landfill The property is owned by the City of Seattle Public Works is asking the Council to approve the purchase, quit Clain City of Kent property to City of Seattle and amend the 1977 Transport of Leachate Agreement Tun LaPorte,Design Engineering Manager explained the agreement showing a map of the area Ron Harmon moved to recommend the Council approve purchase of the City of Seattle Property,Quit Claim City of Kent property located within the Kent- Highlands Landfill to the City of Seattle and amend 1977 Transport of Leachate Agreement. Authorize Mayor White to complete the property transaction. The motion was seconded by Debbie Raplee and passed 3-0. 272id Corridor Interceptor Sewer—Charge in Lieu of Assessment-Authorize Don Wickstrom explained the history of the 272d Corridor Interceptor The City spent $131,977 associated with Metro's 272°a Corridor interceptor sewer enablmg it to be used to service surrounding area It can now be used to service approximately 284 acres The Public Works Department is requesting a charge of lieu of assessment of$572 87 per acre be established and the previous charge in lieu of assessment be relinquished Debbie Raplee moved to recommend to council that the charge in lieu of assessment reflected in Attachment"A"be repealed and that the charge in lieu of assessment reflected in Attachment°B" be authorized. The motion was seconded by Ron Harmon and passed 3-0. z i Autumn Glen Sanitary Sewer Latecomer Reimbursement Agrreement Public Works Director Don Wickstrom said the latecomers agreement for the extension of the City's sanitary sewer main in the vicinity of SE 272nd Street between 104`h Avenue SE and 108th Avenue SE will be only for the cost associated with the extra depth of the sanitary sewer extension Ron Harmon moved to recommend Council authorize the Public Works Director to execute a Sanitary Sewer Latecomer Agreement with the Bennett Sherman,LLC for the Autumn Glen Sanitary Sewer Extension. The motion was seconded by Debbie Raplee and passed 3-0. The meeting adjourned at 5 25 P.M Janet Perschek Administrative Assistant 1 i f r CONTINUED COMMUNICATIONS A. 8d 0, t4 ct-o ,.Pfv� ta� c4.a-4d - cm cu-� &/-L i:� ,i s r r r r , Z� r � r � r r ! ! EXECUTIVE SESSION ! ! ! ! 1 ! ! i i 1 1 ' ACTION AFTER EXECUTIVE SESSION