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City Council Meeting - Council - Agenda - 04/05/2005
City of Kent City Council Meeting Agenda April 5, 2005 Mayor Jim White Julie Peterson, Council President Councilmembers Tim Clark Debbie Raplee Ron Harmon Les Thomas Deborah Ranniger Bruce White KENT WASHINGTON ' City Clerk's Office 1 KENT CITY COUNCIL AGENDAS KEN T April 5, 2005 WASH 1 N G T O N Council Chambers MAYOR- Jim White COUNCILMEMBERS: Julie Peterson, President Tim Clark Ron Harmon Deborah Ranniger Debbie Raplee Les Thomas Bruce White ********************************************************************************* COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Annual Permit Report Community Development 20 min 2. Health Savings Account Employee Services 20 min 3. Legislative Update Administration 15 min ********************************************************************************* COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE—Girl Scout Troop F-35 t 2. ROLL CALL 3. CHANGES TO AGENDA A FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC —Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Employee of the Month B. Kent Sister City Association/Sister Cities International 2005 Youth Art Competition Presentation 5 PUBLIC HEARINGS A. McMillin Street Vacation—Approve 6. CONSENT CALENDAR A. Minutes of Previous Meeting —Approve B. Payment of Bills—None C. Kiel Mortgage Office Building Infrastructure Improvements Bill of Sale—Accept (Continued on Back) i COUNCIL MEETING AGENDA CONTINUED D. Service Club Park Donation—Accept and Amend Budget E. King County Water District No. 111 Easement and Bill of Sale—Authorize F. Interagency Committee for Outdoor Recreation Boating Facilities Project Grant— Accept and Amend Budget G. Fire Stopper Program Memorandum of Understanding—Authorize H. Probation Violations and Deferred Prosecution Amendment Ordinance—Adopt W I Washington Traffic Safety Commission Grant Application—Authorize J. Washington Association of Sheriffs and Police Chiefs Grant—Accept K. Stay Out of Areas of Racing (SOAR)—Amending Ordinance—Adopt t - F KCa Sed Absence fsr All" 7. OTHER BUSINESS None 8. BIDS A. W. Smith Street Improvements—Award 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS �' S' " Z2� � LL 7-1 1.J� EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION� 12. 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 and complete packet are 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. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF ! J d.,o-d L B) FROM THE PUBLIC 1 PUBLIC COMMUNICATIONS A) EMPLOYEE OF THE MONTH i B) KENT SISTER CITY ASSOCIATION/SISTER CITIES INTERNATIONAL 2005 YOUTH ART COMPETITION PRESENTATION i i i i I i t i i i Kent City Council Meeting Date Apnl 5, 2005 Category Public Heann s 1. SUBJECT: MCMILLIN STREET VACATION—APPROVE 2. SUMMARY STATEMENT: Resolution No. 1696 established April 5, 2005 as the public hearing date for the petition by Kent School District#415 to vacate a portion of McMillin Street between State and Kennebeck Avenues, and the alley directly north. A 1 staff report recommending approval with conditions is included in the Council's packet. 3. EXHIBITS: Staff report. Resolution No. 1696, and map 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? Yes Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund School pedestrian Amount Approx $150,000 walkway fund (R20036) 6. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. ' B. Councilmember Wh`f moves, Councilmember seconds to approve/d staff s recommendation of approval with conditions of 1 the application to vacate a portion of McMillin Street between State and Kennebeck Avenues, and the alley directly north, as referenced in Resolution No. 1696, and to 1 direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval. DISCUSSION: ACTION: m C', Council Agenda Item No. 5A t COMMUNITY DEVELOPMENT ' Fred N. Satterstrom,AICP, Director PLANNING SERVICES KE N T Charlene Anderson,AICP,Manager t WASHINGTON Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 March 29, 2005 To: Mayor Jim White, Council President Julie Peterson and City Council Members From: Charlene Anderson, AICP, Planning Manager Through: Mayor Jim White ' Subject: Report and Recommendation on an Application to Vacate a Portion of McMillin Street between State and Kennebeck Avenues, and the Alley directly North 4STV-2005-1 (KIVA #2050407) t MOTION: To approve/disapprove/modify staff s recommendation of approval with conditions of the petition to vacate a portion of McMillin Street between State and Kennebeck Avenues, and the alley directly north, as referenced in Resolution No. 1696, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval. tSUMMARY: Kent School District 4415, 12033 SE 256`i' Street, Bldg. B., Kent, WA 98030 requests vacation of a portion of McMillin Street between State and Kennebeck Avenues, and the alley directly north, in order to facilitate development of the site. Staff recommends approval of the street vacation with conditions outlined below BUDGET IMPACT: As a condition of approval, staff proposes the City is compensated in U.S. ' currency equal to the full appraised value of the rights of way being vacated. BACKGROUND: Both McMillin Street and the alley north are opened but not fully improved rights of way. The rights of way currently facilitate pedestrian access from the Temperance Street pedestrian bridge west to Central Avenue, without necessitating use of the heavily-traveled Smith Street. This proposed street vacation has been revised slightly from a similar application the City Council approved on November 2, 2004. There are utilities located within the rights of way proposed to be vacated. STAFF RECOMMENDATION: t Staff notified the following departments and agencies of this proposed street vacation. ■ Public Works Department ■ Police ■ Parks, Recreation and Community Services • Fire and Life Safety • ComCast Cable Communications Inc. ' • Puget Sound Energy ■ Qwest ■ Department of Transportation • METRO Transit Division After a review of the comments received, the Planning Services Office recommends that the request to vacate a portion of McMillin Street between State and Kennebeck Avenues, and the t . alley directly north, as described in Resolution#1696 and as shown on the accompanying map be , APPROVED with the following conditions: 1) The City shall be compensated in US currency for the full appraised value of the ' rights of way proposed to be vacated less crediting toward the Kent School District's share of said compensation the value of the property along Central Avenue that the Kent School District recently deeded to the City for street right of way. In no case shall the credit received by the District exceed the District's share of compensational value of the right of way being vacated. 2) All monies received for compensation shall be deposited in the school pedestrian walkway fund (R20036) and used for said fund's purpose. 3) For any private or quasi-private utility such as power, gas, telephone or cable TV which has existing facilities within (under, upon and/or over) the right of way petitioned to be vacated, the City shall retain the rights to grant to said utility , operators an easement for the operation and maintenance of same. 4) The applicant shall grant to the City a 12-foot-wide public access easement for bicycles and pedestrians. Said easement shall connect Kennebeck Ave to State , Ave along an alignment that is mutually approved by the Kent School District, the Public Works Department and Planning Services Division. The legal description for said easement shall be subject to review and approval by the Public Works Department and Planning Services Division. 5) The City shall retain a 40-foot-wide easement for utility purposes over, under and upon that portion of McMillin Street right of way included in this vacation. Said ' easement shall be centered on the existing water main that lies within said right of way. With regard to the existing sanitary sewer that lies within the alley petitioned herein to be vacated, the Applicant shall cap off said sewer line in a manner approved by the Public Works Department at the respective manhole within Kennebeck Avenue designated by the Public Works Department. 6) In conjunction with redevelopment of the vacated McMillin Street right of way the Applicant(s) shall construct a 12-foot-wide asphalt pathway along the alignment of the City's public access easement for bicycles and pedestrians. Said improvement shall comply with the City's Construction Standards and the Applicant shall submit detailed engineering plans thereof to the City for review and approval prior to constructing same. The pathway shall be located totally within the easement or as otherwise approved by the Public Works Department and Planning Services Division, and shall extend from Kennebeck Avenue to State Avenue. Furthermore, the Applicant shall reconstruct State Avenue through the vacated McMillin Street intersection and the vacated alley with curb& gutter, cement concrete sidewalk, street pavement, appropriate drainage and other appurtenances associated with good road construction. All plans thereof shall be , in accordance with City construction standards and subject to the review and approval of the Public Works Department. CA\pm:S:\Pernut\Plan\vacations\2005\2050407-2005-1CC040505 DOC Enclosure—Map,Resolution No 1696 cc Larry Price,Director Facilities&Construction,Kent School District#415,12033 SE 2560'Street#B,Kent,WA 98030 #STV-2005-1 (KIVA#2050407) Staff Report-City Council 04/05/05 Page 2 of 2 HKO Inc,4842 E Mercer Way,Mercer Island,WA 98040 Jerry McCaughan,Property Manager 1 t i 1 1 i t I 1 1 1 1 t 1 i #STV-2005-1 (KIVA#2050407) Staff Report-City Council 04/05/05 Page 3 of 2 f RESOLUTION NO. /6 96 i A RESOLUTION of the City Council of the City of Kent, Washington,regarding the vacation of the portion of the alley lying within Block 20, Washington Central Improvement Company's First Addition, and McMillin Street lying between Block I9 and Block 20 in the City of Kent; and setting the public hearing on the proposed street vacation for April 5,2005. RECITALS A. A petition, attached as Exhibit A, has been filed by the Kent School District to vacate the portion of the alley lying within Block 20, Washington Central Improvement Company's First Addition,and McMillin Street lying between Block 19 and Block 20,located in the City of Kent,Washington. 1 B. The petitiort is signed by the owners of at least two-thirds of the real property abutting that portion of the alley lying within Block 20, Washington Central , Improvement Company's First Addition,and McMillin Street lying between Block 19 and Block 20 to be vacated. C. The petition is in all respects proper. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KW, WASHINGTON,DOES HEREBY RESOLVE AS FOLLOWS: 1 McMillin Street and Alley Vacation- , i' r rRESOLUTION SECTION 1.—Public Nearing. A public hearing on the street vacation petition requesting the vacation of a portion of the alley lying within Block 20, Washington rCentral Improvement Company's First Addition, and McMillin Street lying between Block 19 and Block 20 shall be held at a regular meeting of the Kent City Council at r 7:00 p.m.,Tuesday,April 5,2005, in the Council Chambers of City Hall located at 220 4th Avenue South,Kent,Washington,98032. SECTION Z. —Nonce. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law,Chapter 35.79 RCW. 1 SECTION 3. — I rmation. The Planning Manager shall obtain any other necessary information from appropriate departments and shall transmit the information to the Council so that the Council may consider the matter at its regularly scheduled rmeeting on April 5,2005. SECTION — S6wrabilitu 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 S. —Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 1 SECTION —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 )*.GA� ,2005. ' 2 McMlliin Street and Alley Vacation- s CONCURRED in by the Mayor of the City of Kent this _(_ day of ' . 2005. , "t J54,ARK MAYOR ATTEST: , BRENDA JACOBER,gry CLERK - 4 Y APPROVED AS TO FORM: c l -- TOM BRUBAKER,CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No,&Qf6passed ' by the City Council of the City of Kent,Washington,the—e day of , OU5. BRENDAJACOBER,CftY CLERK , Pw.n.nowrnrervec > ' 3 McMillin Strew and Alley Vacatlo►a. , ' KENT KIVA w.wwu H�� Mayor Jim White ' APPLICANT: MAIL.TO: NAME.Kent Sehool DgtMNgIS CITY OF KENT ADDRESS. 12033 SE 250 ST 13=B Property Managerned 220 S 0 Avenue Kent,Ws 98030 Kemt,WA 98032 l , AM Jerry McCaugtrw PHONE:;553-373-7277 1 STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council ' W 4 the undersigned abutting property owner,hereby respectfully request that certain A Alley AStreet hereby be vacated described as follows(include square fed) The Alley lying willun Bock 20,Washington Central Improvement Company's Feist Addition to ' the Town of Kent and also McMillin Street lying between Block 19 aria Block 20 in said plat, EXCEPT the South 33 33 feet of the West 133 00 feet of said McMillin Street BRIEF STATEMENT WHY VACATION IS BEING SOUGHT A 'CLM$2T" ownership and encumbrance report must be obtained from a Title Campany and submitted with this application that covers all the abutting proptatia conhgaous to alley m street sough 10 be vacated When Corporations,pattaasbips,etc are being signed for,and tben proof of individual's authority to sign for fame shall also be submitted Attach a color-coded map of a scale of not less than 1"=200'of the area sought for vacation (NOTE) Map must correspond with legal description AUBU177NG PROPERTY OWNERS TAX LOT# SIGNATURES AND ADDRESSES LOT,BLOCK&PLAT/SEC.TOWN R.G KENT SCHOOL DISTRICT OWNS 917960-2110, 917960.1945 AU ALMUITNO a MON 917960.2120, 917960-1965 917960.2095 917 &1955_ > �'"' 917%0.2090. 917960-2130, 56560.0005 t. errY�at16 Cei trueb" S150 00 Fee Paid Treasurers Receipt No Appraisal Fee Paid Treasurers Receipt No Land Value Paid Treasurer's Receipt No Deed Accepted Date Trade Aceepted Data EXHIBIT "A" Page 1 of 2 w,Nvrr.M�.s to $ 2 r t i� IMg 17 Y pp D 17 ' 4 D to b Y AU6 9 2'W4 �. 16 e 'g S 14 utiClEAlt , :1 7 _ . W is • R ' u • 4 .R p t E-s5 UTI!„f�':f�i tp�,4aT_ttO_i- n wG af0 7oN R , —n 17 f9� 10 aq„ io to ff 000 ' ! it 14 ad�P 21 R f R lot"t" _A j ti �3 1� am 24 22 s. rs 11?, jell e • •�� t sa ,axas • 1Qees f 27 �00 Y w tAli TM 4as s e • • n a 3��o see a '.b 1 sae , "a R v` �p a°.334ves� tu�w. +II s is s Luto r 1 as - f oa a 12I 21 10 is to 14 76 i,4 to n Iofoo .� p. >a a ae A a G aeu •ioao ' b67' osWooto•u-af ao �D6�1°e-in 6 Ibis 90I1!1L MITH ••i ' �`�ssesno7M f A! frL I >a j j� `�'4 �pK1 .� ti i i 2 i b 6 7 i • 't its,.+ N 20 IC31 ( 9 fsae � Due 7m0 li f 1b EXHIBIT "Au Page 2 of 2 CONSENT CALENDAR 6. Citv Council Action. ,, _ Councilmember U,&V�{� moves, Council ember A/k Itt seconds to approve Consent Calendar Items A through Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of March 15, 2005. 6B. Approval of Bills. Numbers were not available for approval. Council Agenda Item No. 6 A-B KEN• T Kent City Council Meeting WASHtNOTON March 15, 2005 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Councilmembers present: Clark, Harmon, Ranniger, Raplee, Thomas and White. Council President Peterson was excused from the meeting. (CFN-198) CHANGES TO AGENDA A From Council, Administration, or Staff. (CFN-198) Martin added one additional item of property disposition to the Executive Session. The Mayor added the Council President's excused absence as Consent Calendar Item M. B From the Public. (CFN-198) Continued Communications Item A was added at the request of Bob O'Brien. PUBLIC COMMUNICATIONS A Yangzhou Sister City Representative. (CFN-155) Madam Deng Qing of China spoke about the exchange program she is participating in. B. Economic Development Update. (CFN-198) Economic Development Manager Torgelson outlined new businesses in Kent. C. Proclamation. (CFN-155) Mayor White declared March 17, 2005 Absolutely Incredible Kid Day and presented the proclamation to a Camp Fire USA Group. D. Award. (CFN-198) Mayor White presented a plaque for 30 years of service to City Clerk Brenda Jacober. CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through M White seconded and the motion carried A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of March 1, 2005 were approved. B. Approval of Bills (CFN-104) Payment of the bills received through February 15 and paid on February 15 after auditing by the Operations Committee on March 1, 2005 were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 2/15/05 Wire Transfers 1960-1971 $1,216,294.02 2/15/05 PrePays & 573828 384,924.12 2/15/05 Regular 574504 1,221,834.03 2,823,052.17 Payment of the bills received through February 28 and paid on February 28 after auditing by the Operations Committee on March 1, 2005 were approved. 1 Kent City Council Minutes March 15, 2005 Approval-of checks issued for vouchers: Date Check Numbers Amount 2/28/05 Wire Transfers 1972-1984 $1,270,478.37 2/28/05 PrePays & 574505 470,178.18 2/28/05 Regular 575069 2,197,346.39 3,938,002.94 Approval of checks issued for payroll for January 16 through January 31 and paid on February 4, 2005: Date Check Numbers Amount 2/4/05 Checks 281727-281996 $ 219,748.79 2/4/05 Advices 175284-175951 1,190,800.79 $1,410,549.58 Approval of checks issued for payroll for February 1 through February 15 and paid on February 18, 2005: Date Check Numbers Amount 2/18/05 Checks 281997-282269 $ 204,666.00 2/18/05 Advices 175952-176619 1,219,400.64 2/22/05 Interim Check 282270 111.23 2/18/05 Void Check 281907 (111.23) $1,424,066.64 C. Cancer Treatment Centers of America Resolution of Support. (CFN-198) Resolution No. 1697 supporting Cancer Treatment Centers of America's certificate of need application before the Washington State Department of Health to locate a hospital in the City of Kent was adopted. D. Washington State Department of Transportation (WSDOT) Participation Agreement for Pacific Highway South, South Phase. (CFN-1038) The Mayor was authorized to sign a Participation Agreement with Washington State Department of Transportation for an estimated amount of$786,129 to overlay the South Phase of the Pacific Highway South project, upon concurrence by the Public Works Director and the City Attorney, and to establish a budget for the same. E. Washington State Department of Transportation (WSDOT) Participation Agreement for Pacific Highway South,North Phase. (CFN-1038) The Mayor was authorized to sign a Participation Agreement with Washington State Department of Transportation for an estimated amount of$708,871 to overlay the North Phase of the Pacific Highway South project,upon concurrence by the Public Works Director and the City Attorney, and to establish a budget for the same. F. Fish & Wildlife Habitat Surveys of Selected Kent Streams Contract. (CFN-1038) The Mayor was authorized to sign the contract with R2 Resource Consultants, Inc. for$79,745.00 to conduct fish and aquatic habitat surveys in selected streams upon concurrence by the City Attorney and the Public Works Director. 2 iKent City Council Minutes March 15, 2005 G. King County Interlocal Agreement for Maintenance and Construction Services. (CFN-1038) The Mayor was authorized to sign the King County Interlocal Agreement for maintenance and construction services with the City of Kent, subject to review by the City Attorney. H. Lindental Wet Well Recoating Project. (CFN-1038) The Lindental Wet Well Recoating project was accepted as complete and release of retainage to Pacific Concrete upon standard releases from the state and release of any hens was authorized. I. Sprinebrook Creek Restoration Improvements Project. (CFN-1038) The Springbrook Creek Restoration Improvements project was accepted as complete and release of the retainage to Buckley Nursery Co , Inc. upon standard releases from the state and release of any liens was authorized. J. Pump Station No. 5 Generator Upgrade Proiect. (CFN-1038) The Pump Station#5 Generator Upgrade project was accepted as complete and release of the retainage to TRB Contracting, Inc. upon standard releases from the state and release of any hens was authorized. K. Pacific Highway South 2004 Storm Drain Project. (CFN-1038) The Pacific Highway South 2004 Storm Drainage project was accepted as complete and release of retainage to Pivetta Brothers, Inc. upon standard releases from the state and release of any liens was authorized. L. 2004 Consolidated Annual Performance Evaluation Report(CAPER). (CFN-118) The 2004 Consolidated Annual Performance and Evaluation Report (CAPER)was approved and the Mayor was authorized to submit the report to HUD. M. Excused Absence. (CFN-198) An excused absence from tonight's meeting for Council President Peterson, who cannot attend was approved. BIDS A. Central Avenue Sidewalk Replacement. (CFN-117) The bid opening for this project was held on March 7, 2005, with nine(9) bids received. The low bid was submitted by Pacific Rim Construction in the amount of$283,000.65 The Engineer's estimate was $360,369.40. WHITE MOVED to authorize the Mayor to enter into a contract to award the Central Avenue Sidewalk Replacement contract to Pacific Rim Construction in the amount of$283,000.65. Raplee seconded and the motion carried. REPORTS Public Safety Committee. (CFN-198) Ranniger noted that the Committee will meet at 5:00 p.m. on the 17th. Public Works. (CFN-198) White noted that the Committee will meet at 5:00 p.m. on the 21st. Planning and Economic Development Committee. (CFN-198) Clark noted that the Committee will meet at 4:00 p.m. on the 21st, and that there may be a special meeting at 4:00 p.m. on April 4th. 3 Kent City Council Minutes March 15, 2005 Parks and Human Services Committee. (CFN-198) Ranniger noted that the Committee will meet at 4:00 p.m. on the 17th. Administrative Reports. (CFN-198) Martin noted that the Executive Session will last approximately 30 minutes and that no action afterward is anticipated. Mayor White noted that he is forming a mobile home task force which will be chaired by Councilmember Harmon. CONTINUED COMMUNICATIONS A. Bids, Park, and Saturday Market. (CFN-198) Bob O'Brien, 1131 Seattle Street, expressed concern about not using bids for leased cars and real estate advice. He also spoke regarding a recent park acquisition and about property disposition. Martin responded to his inquiries. EXECUTIVE SESSION The meeting recessed to Executive Session at 7:28 p.m. and reconvened at 8:35 p.m. (CFN-198) ADJOURNMENT At 8:35 p.m., WHITE MOVED to adjourn. Thomas seconded and the motion carried. (CFN-198) Brenda Jacober, C C City Clerk i 4 Kent City Council Meeting Date April 5, 2005 Category Consent Calendar 1. SUBJECT: KIEL MORTGAGE OFFICE BUILDING INFRASTRUCTURE IMPROVEMENTS BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Kiel Mortgage Office Building Infrastructure Improvements submitted by Paul Gotz for continuous operation and maintenance of 310 feet of street improvements and 274 feet of storm sewer Bonds are to be released after the maintenance period. This project is located at 203 Madison Avenue North. 3. EXHIBITS: Vicinity map 4. RECOMMENDED BY: Public Works 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 $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C JAMES ST - - -------- ----------- y W E 11 ;r not to scale !I KIELpMORTGAGE - ! SM ITH MITH ST : - - - - _ - -_ - - -J 1I Z W HAI�� O1�15'T W MEEKER ST i i Kent City Council Meeting Date April 5, 2005 Category Consent Calendar 1. SUBJECT: SERVICE CLUB PARK DONATION —ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the $10,000 donation from the Kent Rotary Club and authorize the expenditure of funds in the Service Club Park budget. The $10,000 from the Kent Rotary Club is final payment from their original pledge for Service Club Park made in 1999. Kent service clubs have pledged $140,000 towards construction of the ball fields and $37,500 for purchase of play equipment at the park, which is located at 14420 SE 288th Street. To recognize their contributions, ball fields and play equipment will be named for each club. The park will be under construction this year. 3. EXHIBITS: Revenue report 4. RECOMMENDED BY: Parks and Human Services 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. 6D R55GA006 City of Kent V1612005 Page 1 Journal Entry j Budget Change Doc M 29672 Ledger Type: AA Journal Entry Doc Type: JR Batch#: 52928 Explanation: PP&D#31 Service Clubs Park GIL Date: 211612005 Automatic Reversal? No Created by: JBROOM Last Changed by: JBROOM Line# S Unit Object Subsidiary Subiedger Debit Amount Credit Amount Account Explanation_ Reference III P20D24 5611 D 10,000 00- Service Clubs Park-Rotary 20 1 11110 0010 10,000 00 Service Clubs Park-Rotary Journal Entry Totals: 10,000 00 10,000 0D- Dept-Authorized by: Finance-Reviewed by: r Kent City Council Meeting Date April 5, 2005 Category Consent Calendar 1. SUBJECT: KING COUNTY WATER DISTRICT NO. I I I EASEMENT AND BILL OF SALE—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the King County Water District No. 111 Easement and Bill of Sale for water lines at Wilson Playfields. As part of the overall Wilson Playfields project (a.k.a. East Hill Youth Sports Complex), the City constructed a water main which services the playfields. The easement and bill of sale transfers ownership and maintenance of the water lines to King County Water District No. 111. 3. EXHIBITS: King County Water District Easement and Bill of Sale 4. RECOMMENDED BY: Parks and Human Services 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: iCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E Recording Requested By And When Recorded Mail To: King County Water District No. 111 27224 144h Avenue S.E. Kent,Washington 98042 DOCUMENT TITLE: EAST HILL YOUTH SPORTS COMPLEX EASEMENT NO. 21-22-5-1012R, FOR WATER LINES REFERENCE NUMBER OF RELATED DOCUMENT:Not Applicable GRANTOR(S): City of Kent 220 4`'Ave SE Kent, Washington 98032 ADDITIONAL GRANTORS ON PAGE OF DOCUMENT GRANTEE(S): KING COUNTY WATER DISTRICT NO. 111 ADDITIONAL GRANTEES ON PAGE OF DOCUMENT ABBREVIATED LEGAL DESCRIPTION: Lot 2 of Snow Park SP No. 97-32 ASSESSOR'S TAX I PARCEL NUMBER(S): 212205-9184 EASEMENT FOR WATER LINES The undersigned, CITY OF KENT, ("Grantor"), for and in consideration of good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, hereby grants and conveys to KING COUNTY WATER NO. 111, a municipal corporation in King County, Washington ("Grantee), and its successors and assigns, a permanent Easement for Water Lines and appurtenances thereto ("Easement")as follows: 1 Nature and Location of Easement The Easement granted by Grantor herein shall be a permanent easement for the benefit of Grantee over, upon, across, through and under the real property legally described in Exhibit "A"attached hereto and incorporated herein by this reference ("Real Property"), such Easement as legally described on Exhibit "B"and as described and depicted on Exhibit "C" attached hereto and incorporated herein by this reference, for the purposes of installing, laying, constructing, maintaining, inspecting, repairing, removing, replacing, renewing, using and operating water lines, together with all facilities, connectors and appurtenances ("Water Lines"), including the right of ingress and egress for said purposes. 2 Access Easement. Grantor also hereby dedicates, conveys and grants to Grantee a permanent non-exclusive access easement for ingress and egress Easement No. 21-22-5-1012R over the portion of the Real Property as legally described on Exhibit "8' attached hereto ("Access Easement") and as depicted on Exhibit `C" attached hereto. 3. Right of Entry. Grantee shall have the right, without notice and without prior i institution of any suit or proceeding at law or equity, at all times as may be j necessary to enter upon the Real Property to install, lay, construct, maintain, inspect, repair, remove, replace, renew, use and operate the Water Lines for the purposes of serving the Real Property and other properties with utility service. Grantee agrees to restore the Real Property as nearly as reasonably possible to its condition prior to any material disturbance from construction, operation, maintenance, repair, or replacement of the Water Lines. 4. Encroachment/Construction Activity Grantor shall not undertake, authorize, permit or consent to any construction or excavation including, without limitation, digging, tunneling, or other forms of construction activity on or near the Easement which might in any fashion unearth, undermine, or damage the Water Lines or endanger the lateral or other support of the Water Lines without Grantee's prior written approval. Grantor further agrees that no j structure or obstruction including, without limitation, fences and rockeries shall be erected over, upon or within the Easement, and no trees, bushes or other shrubbery shall be planted or maintained within the Easement, provided Grantor shall have full use of the surface of the Real Property within the Easement, so long as such use does not interfere with the Easement or the Water Lines. 5. Binding Effect/ Warranty of Title. The Easement and the covenants, terms, and conditions contained herein are intended to and shall run with the Real Property and shall be binding upon Grantee and Grantor and their respective successors, heirs and assigns. Grantor warrants that Grantor has good title to the Real Property and warrants the Grantee title to and quiet enjoyment of the Easement. 6. Recording. Upon its execution, the Easement shall be recorded with the Department of Records and Elections, King County, Washington. DATED this day of ("GRANTOR") By Its Easement No. 21-22-5-1012R STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that helshe signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the , to be the free and voluntary act of such entity, for the uses and purposes mentioned in the instrument. SUBSCRIBED AND SWORN to before me this day of NAME: (Pont Name) Notary Public in and for the State of Washington. Commission Expires: Easement No.21-22-5-1012R STATE OF WASHINGTON ) }COUNTY OF ss. I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the Of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: NAME: (Print Name) Notary Public in and for the State of Washington. Commission Expires: Easement No. 21-22-5-1012R EXHIBIT"A" Lot 2 of Snow Park Short Plat No. 97-32, recorded under King County Recording No. 9802179012, being a portion of the Northeast quarter of the Southeast quarter of Section 21, Township 22 North, Range 5 East, W. M. In King County, Washington. r r E Easement No. 21-22-5-1012R fi EXHIBIT "B" A 10 00 foot wide strip of land lying 5.00 feet on each side of the following described centerline; Beginning at a point on the West property line of said parcel lying 232.00 feet North of the Southwest corner of said parcel; Thence South 890 00' 19" East 250.00 feet;thence South 1"02'53"West 13.00 feet to a point herein defined as point"A", thence South 1' 02' 53"West 219.00 feet to a point on the South line of said parcel which lies 250.00 feet West of the Southwest corner of said parcel continuing to the terminus of said centerline. TOGETHER with a 20 00 foot wide strip of land lying 10.00 feet on each side of the following described centerline; Beginning at the above defined point"A"; thence South 890 00' 19" East 35.00 feet to the terminus of said centerline. The side lines of said centerline easement are to be shortened or lengthened as to terminate on the West and South property lines of the above described parcel EASEMENT NO 21-22-5-1012R 0 I I � f 1 f I , 1 f 1 I 1 I 1 21-22-5 1 }I 1TE E ON-SITE SNT_ 1 � 1 256 1 • s�2g I � ► i I 20' EsW o I a I 5"Iw. Ex ---- --- r-- q p- --- --- --r-�.-- ----r --- -- ---- sw CMHCR 1 OF PROPERTY EAST HILL YOUTH SPORTS COMPLEX FILE- F\34\145\ESMr EXHIBIT "C" i i FILED FOR RECORD AT THE REQUEST OF AND RETURN TO: King County Water District No. 111 27224 144th Avenue S.E. Kent,Washington 98042 Water District No. 111 of King County # BILL OF SALE GRANTOR: City of Kent GRANTEE: KING COUNTY WATER DISTRICT NO. 111 PROJECT: East Hill Youth Sports Complex PARCEL NO.:212205-9184 THE UNDERSIGNED GRANTORIDEVELOPER, for and in consideration of Grantee King County Water District No. Ill's assumption of full rights and ownership and maintenance of the hereinafter described personal property as a portion of its water distribution system, and other valuable consideration, does hereby grant, bargain, sell, transfer and deliver Grantee the following described personal property collectively referred to herein as the Property. SIZE ON FROM TO LENGTH As described herein on Attachment "A" which is incorporated herein by this reference. Together with all necessary valves, fire hydrants, fittings, services and miscellaneous appurtenances. Grantor hereby covenants that it is the lawful owner of the Property; that the Property is free from all encumbrances and liens; that all bills for labor and material related to the Property have been paid; that Grantor has the right to sell the Property; and that Grantor will warrant and defend title to the Property against the claims and demands of any persons whomsoever, and that Grantor will indemnify Grantee for any costs, expenses, Attorney's fees, or losses suffered by Grantee in defending any claims or liens against the Property by any persons whomsoever. This Bill of Sale is given in consideration of the agreement by Grantee to incorporate the Property into its water distribution system, and to maintain it at its sole cost and expense on the terms and conditions generally common to other users in the Grantee/District; provided, however, that nothing herein shall relieve Grantor from its guaranty obligation as contained in any applicable Developer Extension Agreement. The Grantor further covenants that the costs of installation and payment of the purchase price for the Property have been paid in full and that there are no other additional obligations or lien claims outstanding upon or against the Property and that the Grantor hereby agrees to fully protect, defend, hold harmless, and indemnify the Grantee against any such claims by any person whomsoever. The Grantor further warrants that the Property has been constructed and installed in accordance with Grantee's design and construction standards and specifications, and that Grantor will warrant, protect, and repair any defects in material or workmanship thereof for a period of two (2) years from the date set forth below. Grantee's obligation to repair and maintain water service limes does not commence until installation of a meter thereon in accordance with the Grantee/District's policies and procedures; and provided further that Grantor shall remain fully responsible for proper adjustment of any water service tine until the street in which it is located has been paved, and shoulders graded. The Developer certifies that the costs of constructing the facilities conveyed to the District are as follows: DEVELOPER: Include time and materials. A. Mains $ B. Hydrants $ rC. Service Lines $ D. Meter Boxes,Valves, Fittings $ E. Engineering $ F. Other Costs $ (explain) Grantor/Developer. By $y Its Dated- STATE OF WASHINGTON) COUNTY OF KING On this day of , before me personally appeared (and) ,to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Grantors, for the uses and purposes therein mentioned. WITNESS my hand and official sea(hereto affixed the day and year above written. NAME: (Print terms) Notary Public in and for the State of Washington. Commission Expires: STATE OF WASHINGTON) COUNTY OF KING )Ss. On this day of ,before me personalty appeared (and) to me known to he the of that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year above written. NOTARY PUBLIC in and for the State of Washington Residing at My Commissioner expires: i t 1 Attachment"A" KING COUNTY WATER DISTRICT NO. 111 East Hill Youth Sports Complex (1 Lot/0 Tracts) Tax Parcel ID#(s) (212205-9184) Watermain Extension Base Map N-51 Drawing No. N5.039 SIZE ON FROM TO LENGTH F Easement No 21- Valve connection at west Bend at east site of parking 250 LF. 22-5-1012 property line and SE 25 t' sports complex parking lot Street (250 feet East of West property line 8" Easement No 21- Bend at east side of parking Valve connection at south 241 L F 22-5-1012 and sports complex parking lot property line,250 feet+/- Easement No.21- (250 feet East of West east of southwest comer of 22-5-1004prop"lineproperty. Total 8" 4g1 t .F TOGETHER WITH valves,fire hydrants,services and appurtenances. F:131t1451Const Rptslwr oR 041202 emd doc-101172002 Kent City Council Meeting Date April 5, 2005 1 Category Consent Calendar 1. SUBJECT: INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION BOATING FACILITIES PROJECT GRANT —ACCEPT AND AMEND BUDGET r2. SUMMARY STATEMENT: Accept the Boating Facilities Project Grant from the Interagency Committee for Outdoor Recreation for$258,414.00, authorize the Mayor to sign the agreement, and approve the expenditure of funds in the Lake Meridian Boat Launch Renovation Project budget. In 2004, staff submitted a grant to the Interagency Committee for Outdoor Recreation (IAC) for improvements to the boat launch at Lake Meridian Park. In 2005, the Boating Facilities Project Grant was officially awarded in the amount of$258,414. Improvements will include replacing the boat ramp, as well as construction of a new boarding float that will provide safe and easy launching of boats for people of all abilities. 3. EXHIBITS: IAC Boating Facilities Project Grant 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X 1 If no: Unbudgeted Expense: Fund P20014.6XXX.530 Amount $258,414.00 Unbudgeted Revenue: Fund P20014.53405 Amount $258,414.00 1 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F BFP Project Agreement Recreation Resource Account Project Sponsor: Kent Parks,Rec&Comm Sery Project Number. 04-1345D Project Title: Lake Meridian Boat Launch Renovation Approval Date: 112512005 A. PARTIES OFTHEAGREEMENT This Project Grant Agreement(Agreement)is entered into between the Interagency Committee for Outdoor I Recreation(IAC),P 0.Box 40917,Olympia,Washington 98504-0917 and Kent Parks,Rec&Comm Serv,2204th Ave S,Kent,WA 98032-5895(Sponsor)and shall be binding upon the agents and all persons acting by or through the parties S. PURPOSEOFAGREEMENr This Agreement sets out the terms and conditions by which a grant is made from the Recreation Resource 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 OFAGREEMENT The Project Sponsor's on-going obligation for the above project is perpetual unless otherwise Identified in this Agreement E. PERIOD OFPERFORMANCE The Project reimbursement period shall begin on February 23,2005 and end on June 30,2006.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$258,414 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 CAC -Boating Facilities-Local 75 00% $258,414.00 Project Sponsor 25 00% $86,138 00 Total Project Cost 100 00% $344,552 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 wnhng 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 BFP Project Agreement Recreation Resource Account Chapter 79A25 RCW,Chapter 286 WAC Page t of 2 PROJAGR 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 I. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS (none) J. FEDERAL FUND INFORMATION (none) K PROJECT GRANT AGREEMENTREPRESENTATIVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: Proiect Contact IAC Name. Lori Flamm Interagency Commfttee for Outdoor Recreation Title- Superintendent Natural Resources Building Address* 220 4th Ave S PO Box 40917 Kent,WA 98032-5895 Olympia.Washington 98504-0917 www iac wa govriact 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#04-1345D,shall be effective upon signing by all parties. STATE OF WASHINGTON INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION BY: a Vl� DATE: Ins Laura Eckert Johnson,Director PROJECT SPONSOR BY: DATE: TITLE: Pre-approved as to form: BY: 1Sl Assistant Attorney General BFP Proiect Agreement Recreation Resource Account Chapter 79A.25 RCW.Chapter 286 WAC Wage 2of 2 PROJAGR RPT r(,emm+Nryrjar Boating Facilities Program yMOR�U1H Local Boating Program Post-Evaluation Project Summary TITLE. Lake Meridian Boat Launch Renovation NUMBER: 04-1345D (Development) STATUS: Director Approved SPONSOR: Kent Parks, Rec&Comm Sery EVALUATION SCORE: 57.9000 BOARD RANKING: j COSTS: SPONSOR MATCH: Boating Facilities-Local $258,414 75% Appropriation\Cash Local $86,13B 25% Cash Donations Total $344,552 100% DESCRIPTION' The objective of this project is to permit boater access easily and efficiently for people of all abilities Presently,the existing launch has no boarding float,so boaters have to wade in and jump into their boat while standing in the water The ramp is narrow,shallow,"flat",and lists to one side The scope of the project includes removal of the existing concrete plank single lane launch ramp and replacing it with a solid pour ramp that is four feet wider,resurfacing of the existing asphalt boat launch approach,providing a new boarding float and fixed pier, dredging of the channel to achieve a 12%slope on the ramp.Lake Meridian is the only freshwater lake in Kent,a community of 88,000 people,that allows gasoline powered motorized boating. Fishing boats,water ski boats,let skis,and party boats use the launch. LOCATION INFORMATION' The project site is located in east Kent, King County. COUNTY: King SCOPE(ELEMENTS): Architectural & Engineering Roads Site Preparation Parking Sales Tax Trails Permits Signing Water Access Facilities j ANTICIPATED ACREAGE' Acres To Acres To Acres To ACREAGE TYPE Be Acquired Be Developed Be Renovated LaKe 006 Waterfront To Waterfront To Waterfront To WATERFRONT TYPE Be Acquired Be Developed Be Renovated Lake 3000 FISCAL YEAR: 2005 DATE PRINTED: February 24,2005 jIPAPSUMt RPT Lake Meridian Boat Launch Renovation j �I l�AmgrR r�r PROM Eligible Reimbursement Activities Report � HEC�EA1fDif Project Sponsor. Kent Parks,Rec&Comm Sery Project Number: 04-1345 D Project Title: Lake Meridian Boat Launch Renovation IAC Approval: 1/25/2005 Development Items: Items Elements _ _ _ Unit Quantity_ Description Archdeclural&&Engineering A&E development y J - Lump Sum 100 Parking Curbs Lineal-Ft 2000 Permits Permits Lump sum 100 Roads Roads-asphaltic concrete Linear FI 1600 8 Inch pavement section, 16 feet wide Sales Tax Sales Tax Lump Sum 100 Signing interpretive display Lump Sum 1.00 interpretive kiosk and signs Signing Rules and regulations Lump sum 2.00 Site Preparation Dam construction Lump sum 100 sheet pile coffer dam,cut flush wth concrete ramp Site Preparation Demolition Lump sum 100 Site Preparation Erosion control Lump sum 1 00 install silt curtain for dredging Site Preparation Mobilization Lump sum 100 Trails Sidew IKs Linear Ft 10 00 8 feet vide concrete Water Access Facilities Dredging Cubic Yds 2G0 00 dredging,dewatenng and disposal Water Access Facilities Loading Floats-wood Linear Ft 300 20 feet long 8 feet wide, internal piling Water Access Facilities Pilings-steel Each 300 Water Access Facilities Ramp-concrete poured in place Lanes 1.00 16 feet wide,50 feet tong i i 1 1 1 ELIGREIM RPT February24,2005 Page 1 Lf �IGuadenry. Milestone Report By Project REUEATION Project Number: 04-1345 D Project Name: Lake Meridian Boat Launch Renovation Sponsor: Kent Parks, Rec& Comm Sery IAC Project Manager: Darrell Jennings x I Milestone Target Date CommentsIDescription I RFP Complete/Consultant Hired 12/15/2004 Protect Start 02/23/2005 I A&E Complete/Permits Submitted 03/01/2005 Plans & Specs Reviewed by IAC 06/30/2005 rAnnual Protect Billing 06/30/2005 Bid Awarded Oa/3012005 ! Construction Started 09/3=005 t Protect Complete 06/30/2006 Final Docs & Billing to IAC 09/30/2006 X=Milestone Complete i=Critical Milestone I L iMILESTO.RPT February 24.2005 Page t I INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION FORM A-19 State of Washington Agency Name INVOICE VOUCHER Sponsoes Cerlrficale 1 hereby certify under penalty of peryury that the Items Interagency Committee for Outdoor Recreation and totals listed herein are proper changes for materials,merchandise or P O Box 40917 services furnished and/or services lumished to the Stale of Washington,and Olympia, W A 98504-0977 that all goods furnished and/or services rendered have been provided without discrimination bemuse of age,sex,marital status,race,need, color, national origin,handicap,religion or Vietnam or disabled veterans status Sponsor Kent Parks,Rec&Comm Sery BY , 220 4th Ave S Kent,WA 99032.5895 (TITLE) (DATE) Tid Bi Comoieied By Sdd'nsor- i Proied Number 04.1345 D Imace# Billing Period This is a Final Billing? Proled Name Lake Meridian Boat Launch Renovaho 1 Fmm To Yes[ I No( I -Prewoos E nddures TBDate�' Costs For This Bdi Protect y. Nqn Relmbutsabfe, Non Reimbursable CATEGORIES Acreemeni Extie Total-, a Expenditures matchTotal Uevelotiment*: Constructton $311,495 00 A&E $330057 00 Development Total $344,55200 TOTAL $344.552 00 FUNDING&EXPENDITURE FORMULA For IAC Use ONLY a`= Agree/nent Information Previous IAC Reimbursements Sponsor 25 DO% $86,138 00 Total Billed IAC Federal lAC Share Billed IAC BFP-LOCAL 75 006 $258,414.00 IAC Share Approved IAC Advance Balance IAC Match Owed Balance Agreement Total 100 00% $344,552.00 IAC Share Retained IAC Share Paid Non-Reimbursable Match Bank -Doc Dater ^"'• ? , Current Doc.Na. . ` ` • Ref OoE# '.Vendor Number'-' Vendor Message SW V0000552-00 04-1345 D Tran C,ode'-. F1ind.-- Awnindex Proi Index Sub Ob"SubSub ON Pr 'ect* Amount Invoice# 210 267 A50 93100 NZ 1 Certification For Payment o = Pro ed Man r/Date Release Fnal Pmi Division SupemsorlDate Accoun' ate i Z i i 1INVOICE.RPT 2/24/2005 Current Funding I I Press Release Template ■ Kent Parks, Rec & Comm Sery offered grant to develop areas for motorized recreational boating facilities. i (Kent)-Kent Parks, Rec&Comm Sery was awarded a grant of $258,414 from the Boating Facilities Program, Local category The grant was awarded by the Interagency Committee for Outdoor Recreation (IAC),and will be used for the following This project in King County will ease boater access and be more efficient for people of all abilities. Presently,the launch has no boarding float,so boaters have to wade in and jump into their boat while standing in the water. The ramp is narrow,shallow,"flat",and lists to one side This project removes the existing concrete plank single lane launch ramp and replaces it with a solid pour ramp that is four feet wider It also resurfaces the existing asphalt boat launch approach,providing a new boarding float and fixed pier, Dredging of the channel will achieve a 12 percent slope on the ramp Lake Mendian is the only freshwater lake in Kent,a community of 88,000 people,that allows gasoline powered motorized boating Fishing boats,water ski boats,jet skis,and party boats use the launch There were fifteen applications submitted for consideration in the Boating Facilities Program, Local category Each project went through an evaluation process prior to being recommended for funding The IAC Board approved funding for projects on Thursday,November 18,2004. Funding for the Boating Facilities Program, Local category comes from a portion of the motor vehicle gasoline tax paid by boaters and not refunded as allowed bylaw Kent Parks,Rec&Comm Sery will leverage local contributions totaling$86,138 with grant monies to implement the project Total estimated project cost is$344,552 IAC is the state's administrator of the grant program. Contact Lori Flemm, (253)856-5112 (sponsor project manager) Darrell Jennings,(360)902-3020, darrellj@iac.wa gov(IAC project manager) t � l t Kent City Council Meeting Date April 5, 2005 1 Category Consent Calendar 1. SUBJECT: FIRE STOPPER PROGRAM MEMORANDUM OF UNDERSTANDING —AUTHORIZE 2. SUMMARY STATEMENT: Authorization for the Mayor to sign the Fire Stoppers Program Memorandum of Understanding. fiThe Fire Stoppers program in King County has been operating, studying and evaluating the issue of child set fires for approximately I I years. In this time, we have learned much about the motivations behind fire play and misuse of fire by children. The countywide program offers help and support to the children and their families involved in a fire setting incident. The Fire Department has participated in this program for approximately the past I 1 years and currently has several Firefighters trained to participate in this valuable program. Firefighters conduct a standard interview designed to identify the level of concern the child is at with the fire setting behavior, provide valuable life saving education to the child and the family, and access quality mental health counseling services. This Memorandum of Understanding has been reviewed and approved by the Attorney's Office. i 3. EXHIBITS: Memorandum of Understanding j4. RECOMMENDED BY: Public Safety Committee 3/17/05 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure9 N/A Revenue9 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: jACTION: Council Agenda Item No. 6G Fire Stoppers Program MEMORANDUM OF UNDERSTANDING This memorandum,by and between City of Kent Fire Department and the King County Fire&Life Safety Association(KCFLSA)reflects the partnership agreement between the parties regarding the King County Fire Stoppers©Juvenile Firesettmg Intervention Program.This agreement will be effective through March 31, 2006, when it will be re-evaluated.Member agencies are only allowed to deliver the Fire Stoppers program in their jurisdictions when a current and signed MOU exists between them and the KCFLSA, and when they follow the criteria outlined below. King County Fire&Life Safety Association Responsibilities: ■ The KCFLSA will empower a Steering Committee within the KCFLSA to act as administrator for this program as follows. 1 Determine all program protocols and procedures. 2. Solicit funding for the Fire Stoppers program 3. Encourage participation in the program by all King County fire departments. 4. Submit itemized monthly billings to KCFLSA treasurer for distribution of funds in a timely manner. 5. Provide evaluation/assessment and continuing education training sessions to participating King County fire departments when needed Fees may be charged to cover meeting expenses 6. Provide all appropriate documentation tools(screening tools, release forms, demographic forms, and updates)to participating fire departments 7. Develop and maintain partnerships with program partners and coalition members, i.e. the Arson Alarm Foundation,King County Juvenile Justice etc. ' 8 Compile an annual report. 9. Monitor the Fire Stoppers program and evaluate its progress 10. Not refer to CoHear any juvenile against whom it has reason to believe charges would otherwise be brought without written consent from charging body. 11. Provide communication and information between participating departments,mental health providers, schools, other program managers,law enforcement andjuvenile justice. Member Fire Departments Responsibilities: ■ Offer the Fire Stoppers program in its entirety within their geographical service areas determined and set forth by the KCFLSA Steering Committee. The program is not to be offered in part without approval of the Steering Committee ■ Provide a minimum of one person to take the required training and maintain skill level in order to provide assessment and education of identified juveniles. This includes attending required trainings and program update meetings. ■ Identify a Fire Stoppers Program Coordinator. See section below entitled"PROGRAM COORDINATOR" ■ Identify funding resources to supplement the program within their service area when needed • Market the program within the service agencies Jurisdiction, i.e. schools, local law enforcement,etc. ■ Provide time necessary for fire department personnel to conduct the program including; attending trainings,conducting assessments,providing education to families and maintaining internal program administration. . • Complete and submit all required paperwork in a timely manner through the Program Coordinator. Not refer to CoHear any Juvenile against whom it has reason to believe charges would otherwise be brought. Not refer to CoHear any Juvenile referred from the King County Juvenile Court or Diversion Services prior to contacting a Steering Committee member ■ Top users**by department will contribute to the program by either— a)Providing a Program Coordinator to serve as an active Steering Committee member or, b) Providing in-kind services to be worked out between the KCFLSA and the member department. ** Top users are defined as a department having 10 or more cases reported to the Fire Stoppers program in the previous year.Based on this definition,the departments currently meeting these cntena would be Seattle,Kent,Auburn and Federal Way. Marketing& Promotion All marketing and promotion of the Fire Stoppers program within a member jurisdiction is the responsibility of the hosting fire department. Materials and assistance may be provided by the KCFLSA. Any promotional items issued regarding the Fire Stoppers program must mention the KCFLSA and must mention the parent organization of Fire Stoppers of King County. All marketing and promotion of the Fire Stoppers program outside of the member jurisdiction will be done under the sanction of the KCFLSA and the Fire Stoppers Steering Committee.Any requests received by member departments for presentations or program information outside their service area should be directed to the KCFLSA Fire Stoppers Steering Committee. Department Liaison Each fire department must designate a Fire Stoppers Program Coordinator from their staff. This individual is responsible for the administration of the Fire Stoppers program within the fire department service area The program coordinator will also serve as the liaison between the fire department and the KCFLSA, through the KCFLSA Fire Stoppers Steering Committee. The Program Coordinator is required to: 1)complete the Fire Stoppers Interventionist Training as soon as possible following their appointment,as well as attend periodic meetings or training sessions as requested by the Steering Committee, 2)oversee that all department interventionists attend the training prior to conducting the program in their department, 3) act as the point of submission and verification for all program paperwork provided to the Steering Committee and CoHear. Fire Department King County Fire&Life Association Signature Signature t Name: Lisa Garvich Board Member KCFLSA Title: King County Fire Stoppers Date- Date: Kent City Council Meeting Date April 5, 2005 Category Consent Calendar 1. SUBJECT: PROBATION VIOLATIONS AND DEFERRED PROSECUTION AMENDMENT ORDINANCE—ADOPT i2. SUMMARY STATEMENT: Adoption of Ordinance No. amending section 9.02.390 of the Kent City Code to provide Kent police officers with the Iauthority to arrest probation violators. As currently enacted, the probation violation provisions of section 9.02 390 of the Kent City Code do not extend to those individuals accepted into a deferred prosecution program. Therefore, in the event of a violation of any of the provisions of that deferred program, a police officer is unable to bring the individual before the court for review. This ordinance corrects that deficiency and permits a police officer to arrest a person who is on probation for a deferred prosecution. 3. EXHIBITS: Ordinance i4. RECOMMENDED BY: Public Safety 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 $ I6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• • Council Agenda Item No. 6H ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 9.02.390 of the L Kent City Code to revise the definition of"probationer" in order to extend its application not only to those on probation who have been convicted of a crime, but also to those individuals completing a deferred prosecution program. RECITALS A. In the event an individual is on probation following his or her conviction of a crime and fails to abide by orders or conditions set by the court, Kent City Code ("KCC") section 9.02 390 allows a police officer to arrest that individual and bring him or her before the court for review. B. Although KCC 9 02.390(B) extends its application to those completing a deferred prosecution, the "probationer" definition set forth in KCC 9 02.390(A) does not. Therefore, it is appropriate to amend KCC 9 02.390(A) in order to revise the definition of "probationer" to apply to those individuals completing a deferred prosecution program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: I Probation Violations— Deferred Prosecution ORDINANCE SECTION 1. —Amendment. Section 9.02.390 of the Kent City Code, entitled "Probation violations," is amended as follows: Sec. 9.02.390. Probation violations. A. For purposes of this section, the word probationer means any person who, after conviction of violation of an ordinance of the city or a law of the state,or after entry of a deferred prosecution, has been placed on probation in connection with the—a suspenedsien sentence, or—deferredal-4 sentence, or deferred prosecution by either a district court-@-f-��, municipal court, or die-superior court. t B. Whenever a police officer shall have probable cause to believe that a probationer, prior to the termination of his probation, is in such police officer's presence and is violating or failing to comply with any requirement or restriction imposed by the court as a condition of such probation, the police officer may cause the ,probationer to be brought before the court wherein sentence was deferred or suspended and, for such purpose, the police officer may arrest such probationer without warrant or other process. 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. 1 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. j JIM WHITE, MAYOR r 2 Probation Violations— Deferred Prosecution ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY ■ PASSED: day of April. 2004. APPROVED: day of April, 2004. PUBLISHED: day of April, 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 1 1 1 3 Probation Violations— Deferred Prosecution 1 rKent City Council Meeting Date April 5, 2005 Category Consent Calendar 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT APPLICATION—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to apply for a Washington Traffic Safety Commission Grant. This grant is in the amount of$65,750 over the two year period of July 1, 2005 through ' June 30, 2007. The funds from this grant will cover one-half the salaries/benefits for the part-time Drinking Driver Task Force coordinator and some of the operations and travel expenses over the two-year period of the grant. A local match of three times the grant amount is required. Using existing budgeted funding of DDTF staff, general fund goods and services, overhead, community contributions and the value of volunteer time, the local match is well over what is required. The City of Kent has received grant funding from this source since 1983. 3. EXHIBITS: WTSC application form 4. RECOMMENDED BY: Public Safety Committee (3/17/05) (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 $ I6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds L DISCUSSION: ACTION: Council Agenda IItem No. 61 Community DUI/Traffic Safety Task Force Project Agreement Revised 2/18/05 Washington Traffic Safety Commission 1000 South Cherry Street PO Box 40944 Olympia,Washington 98504-0944 Phone (360) 753-6197 Fax(360) 586-6489 www wa gov/wtsc Section 1 —Authorization Project Title: Ownership of facilities or equipment, acquired through this funding, shall be vested with the applicant agency, not the state of Washington. However, facilities or equipment acquired through this agreement shall be utilized and retained in highway safety operations during the useful existence of such equipment or facilities. Costs incurred for maintenance, repairs or support of such equipment or facilities shall be ,or by the applicant agency. Further, it is understood and agreed that the activity covered by this project, as more particularly described in sections 2 and 3 attached thereto and made a part hereof,is undertaken under authority of Title 23, USC and is subject to the administrative regulations established �by federal guidelines and the WTSC. Applicant Agency/Organization Applicant Agency Project Director Name Title Signature tAddress �E-mail Address Area Code Phone Applicant Agency Authorizing Official (person with contracting authority)if different from above: 1 Name Title Organization Address j Signature City, State,Zip Phone WTSC Use Only: WTSC Program Manager: Gina Beretta WTSC Tracking Number Planned Project Duration From:July 1,2005 To- June 30, 2007 Approved by Name: Lowell Porter Project Number: Title: Director,WTSC Funds(obligated)$ Signature: Date: 2 Certifications and Assurances It is hereby understood that this application and attachments hereto,when approved and signed by all concerned parties,as indicated shall constitute an , agreement by and between the applicant organization to perform in accordance with the terms of this application and attachments,taken as a whole This agreement its based on guidelines found in the Common Rule,OMB Circular A-102,in order to standardize and simplify federal grants The signature below of an authorized representative of the applicant agency certifies and assures that all the following conditions will be met 1) Reports—The Contractor shall submit quarterly reports,a final report at end of project,and submit special reports as outlined Protect Agreement, Addendum A,Billing and Report Requirements 2) Copyrights.Publications.and Patents—Where activities supported by this protect produce original copyright material,the Contractor may copyright such,but the WTSC reserves nonexclusive and irrevocable license to reproduce,publish,and use such matenals and to authonze others to do so The Contractor may publish,at its own expense,the results of project activities without prior review by the WTSC provided that any publications (written,visual,or sound)contain acknowledgment of the National Highway Traffic Safety Administration(NHTSA)and the WTSC support Any discovery or invention derived from work performed under this project shall be referred to the WTSC,who will determine through NHTSA whether or not patent protections will be sought,how any rights will be administered,and other action required to protect the public interest 3) Termination—This project agreement may be terminated or fund payments discontinued or reduced by WTSC at any time upon written notice to the Contractor due to non-availability of funds,failure of the Contractor to accomplish any of the terms herein,or from any change in the scope or timing , of the project 4) Fiscal Records—Complete and detailed accounting records will be maintained by the Contractor of all costs incurred on this project,including documentation of all purchases of supplies,equipment,and services,travel expenses,payrolls,and time records of any person employed part-time on this project Federal,state,or WTSC auditors shall have access to any records of the Contractor These records shall be retained for three , years after the final audit is completed and all questions resolved 5) Funding—The Contractor will utilize funds provided therein to supplement and not to supplant state and local funds otherwise available for these purposes Funds are to be expended only for purposes and activities approved herein Reimbursement will be made periodically by WTSC for its share based on approved cost reports The Contractor will expend from nonfederal sources the required matching amounts,which shall be expended not later than 30 days following the completion of the projects 6) Cost Principles and Grant Management—The allowability of costs incurred and the management of this project shall be determined in accordance with the Office of Management and Budget(OMB)Circular A-87 and 49CFR,Part 18 for state and local agencies,OMB Circulars A-21 and A-110 for educational institutions,and OMB Circular A-122 for nonprofit entities 7) Obligation Funds—Funds may not be obligated prior to the effective date or subsequent to the termination date of this project period Obligations outstanding as the termination date shall be liquidated within 30 days 8) Changes—The Contractor must obtain prior written approval from the WTSC for major project changes,including changes of substance in project objectives,evaluation,activities,the project manager,key personnel,or project budget 9) Income—Income earned by the Contractor with respect to the conduct of the project(sale of publications,registration fees,service charges,etc) must be accounted for and income applied to project purposes or in reduction of project costs 10) Purchases—Purchase of equipment or services must comply with state or local regulations After the end of the project penal,equipment will continue to be utilized for highway safety purposes or will not be disposed of without written approval of the WTSC The Contractor shall make and maintain an inventory of equipment to include descriptions,serial numbers,locations,costs or other identifying information,and submit a copy to the WTSC 11) Third Party Participants—No contracts or agreements may be entered into by the Contractor related to this project,which are not incorporated herein and approved in advance by the WTSC The Contractor will retain ultimate control and responsibility for the project ATSC shall be provided with a copy of all such contracts and agreements entered into by Contractors Any contract or agreement must allow for the greatest competition practicable and evidence of such competition or justification for a negotiated contract or agreement shall be provided to the WTSC 12) Participation by Disadvantaged Business Enterprises—The contractor agrees to take all necessary and reasonable steps in accordance with Title 49,CFR,Subtitle A,Part 26 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race,color,national origin,or sex in the award and performance of any subcontracts financed in whole or in part with Federal funds 13) Americans with Disabilities Act—In the performance of this agreement,the Contractor shall comply with the provisions of Title VI of Civil Rights Act of 1964 42 USC 200d,Section 504 of the Rehabilitation Act of 1973 29 USC 794 Chapter 49 60 RCW,and Title I of the Americans with Disabilities Act 42 USC 1211-12117 as now or hereafter amended The Contractor shall not discriminate on the grounds of race,color,national origin,sex, religion,marital status,age,creed,Vietnam-Era and Disabled Veterans status,or the presence of any sensory,mental,or physical handicap in any terms and conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part and denying an individual the opportunity to participate in any program provided by this agreement through the provisions of services,or otherwise afforded others 14) Political Activities—No funds,materials,equipment,or services provided herein shall be used for any partisan political activityor to further the election of defeat of any candidate for public office or to pay any person to influence or attempt to influence an officer or employee of congress,or an employee of a member of congress,an officer or employee of congress in connection with the awarding of any federal loan or the entering in of any cooperative agreements 15) Single Audit—State and local governments that receive federal assistance are subject to the audit requirements of the Office of Management and Budget(OMB)Circular A-128 An institution of higher education or a nonprofit entity must comply with audit requirements in OMB Circular A-133 An independent audit of the financial operations,including compliance with provisions of federal law and regulations of all funds expended,must be arranged for by the contractor A copy of the completed audit must be submitted to the WTSC 16) Seat Belt Policy—No funds,materials,property,or services will be provided to any political subdivision that does not have a concurrent and actively enforced policy requiring the use of seat belts 17) Drug Free Workplace—In accordance with the Anti-Drug Act of 1988 41 USC 702-707 and Drug-Free Workplace,42 USC 12644,the WTSC has the responsibility to ensure that unlawful manufacture,distribution,dispensing,possession or use of a controlled substance by any employees, grantees,and/or sub-grantee of the Agency and/or any such activity its prohibited in the workplace 18) Debarment and Suspension - The applicant agency certifies,by submission of this proposal,that neither it or its principals is presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency 4 Applicant Agency Authorized Signature Date Washin ton Traffic Safetv Commission Section 2 Description of Activity In this section, the following five elements should be defined in narrative form: (1) Problem Identification, (2) Project Goal(s), (3) Project Activities and Tasks, (4) Project Evaluation and (5) Budget (explain how funds will be used and details of any matching funds— local match is required to be a minimum of 75%) Please clearly label each element using the titles listed above, and limit Section 2 to five single-sided pages using nothing smaller than a 12-point font. Washington Traffic Safety Commission Section 3 Budget Summary IBudget: WTSC Costs Applicant Matching/ Contributing Cost 1. Salaries and Wages: $ $ 2. Employee Benefits $ $ 13. Travel and Subsistence: $ $ 14. Contractual Services, $ $ 15. Equipment: $ $ 16 Goods and Services: $ $ 17 Total linesl-6(Amount Requested from WTSC) $ 8. Total lines 1-6 (Amount provided by applicant) $ 1 Total Project Cost (Add lines 7 & 8): $ i 1 5 WTSC Use Oni Cost Sharing Matching Share: (Washington Traffic Safety Commission use only) WSP Field Salaries FY Share Amount Percent Applies To: Federal: $ State. State: $ Local: Political Subdivision: $ Total Estimated Cost: $ Washington State Traffic Safety Commission Project Agreement Addendum A Billing and Reporting Requirements Billings , Invoice vouchers for payment must be prepared monthly unless otherwise authorized and must be received by the Washington Traffic ' Safety Commission by the 10t^of the month following the billing period Reporting Frequency and Format The Washington Traffic Safety Commission requires three types of reports in conjunction with traffic safety projects, 1. Quarterly reports during the life of a project, 2. A final report at the conclusion of a project This is to include training and consultant reports, if applicable,and , 3 Special reports as required Project reports of every kind provide the Washington Traffic Safety Commission with information that can be used to strengthen the state's total traffic safety program These reports keep the commission informed of a project's progress,explain anydifficulties encountered, provide a background of information that can be passed on to others,suggest ways in which the commission can assist with the project and aid in distribution of state funds Therefore,comprehensive reports are a must for continued improvement in the state's traffic safety operations. Quarterly Reports ' These are to be submitted quarterly and are due in the Traffic Safety Commission's office within fifteen(15)calendar days after the end of the reporting calendar quarter as follows First Quarter(per year) July—September Report due October 15 Second Quarter(per year) October—December Report due January 15 Third Quarter(per year) January—March Report due April 15 Fourth Quarter(per year) April—June Report due July 15 The Traffic Safety Project Report Forms are to be used when compiling these reports All sections are to be filled in as completely as possible. (Use additional sheets,as necessary) If no action has been taken,please so indicate the reason. Any original or innovative ideas or methods employed in your project should be incorporated into your reports. Final Report—Due July 30,2007 Final reports are to be more informative and must describe whether the project objectives were accomplished, if technical and fiscal e problems were encountered,and what improvements in traffic safety have resulted or probably will result Included n final reports will be copies of publications,training reports and any statistical data generated in project execution These final reports should discuss the following: 1 Accomplishments compared to the original project objectives, 2 Were all activities of the project completed as scheduled? Include dates and milestones when studies were completed,equipment acquired, installed and operated; , 3 Any unanticipated proceedings that affected the projected, 4. Funding and costs for completion of the project in relationship to original estimates;and 5. Third party performance if consultant was employed Two copies of consultant reports are to be included with the project director's reports. Special Reporting Special reporting procedures may be required for special interest projects If so, report format and frequency will be outlined on the rc.orre c.lo r.f fL,m i.�rm i Kent City Council Meeting Date April 5, 2005 Category Consent Calendar 1. SUBJECT: WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE tCHIEFS GRANT —ACCEPT ` 2. SUMMARY STATEMENT: Authorize the Mayor to accept a mini-grant from the Washington Association of Sheriffs & Police Chiefs. The funds from this grant in the amount of$1,000.00 will be used to purchase equipment by the Kent Police Department for DUI enforcement. 3. EXHIBITS: Award letter from WASPC dated 1/14/05 4. RECOMMENDED BY: Public Safety Committee (3/17/05) (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 moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda - Item No. 6J WASHINGTON ASSOCIATION OF SHERIFFS & POLICE CHIEFS 3060 Willamette Dr NE Lacey,WA 98516 PHONE(360)486-2380 FAX(360)486-2381 WEBSITE—www wasps org Serving the Law Enforcement Commumig&the Cinzens of Washngton�- January 14, 2005 Chief E Crawford P�L`GE DIVE? Kent PD PR 220 Fourth Ave. S. ' Kent, WA 98032 1 Dear Chief Crawford: Thank you for applying for a WASPC Traffic Safety Grant. We are pleased to inform you that your agency has been approved to receive the following: ✓ $1000 -2 FST's Invoices must be submitted to WASPC no later than May 2, 2005. Any invoices not received by the deadline will not be reimbursed and the award money will be forfeited. Please note: WASPC is responsible for the amount of your grant award only. Any expense in excess of the grant award must be paid by your agency. ' A report is r uired for each Equipment, Mini & Multi jurisdictional grant received by your department. The 2004-2005 traffic grant reports are due by October 14, 2005. For your convenience, the report farm is enclosed with this letter. Your agency is responsible for subscribing to the following commitments: • Support statewide/national traffic safety initiatives,projects, and programs • Report grant results to WASPC in a timely manner 1 • Subscribe and commit to aggressive traffic enforcement Failure to report will result in denial of 2006 grant funds. Thank you for your dedication to traffic safety in the State of Washington. If you have any questions regarding your grant award,please contact Danika Wemer, at (360) 486-2380. If you would like more information regarding state or federal traffic safety grant funding,please contact the Washington Traffic Safey Commission at(360) 753-6197. fSincerely, ' Larry V. Erickson Executive Director, WASPC Encl. (2) I President President Eleet Vim Pres dent Past President 7reaturer DAN LeROCHE JAMES L SCHARF CRAIG L THAYER DONALD E LANE MIKE VANDIVER Sh-ff-Douglas Corny Chief-Rueter Shenff-Sievert Cowry Chief-Wapam Chmf-Tim Wier Executive Board SCOTT G SMITH GARRY ANDERSON RANDALL H.CARROLL RRVCE J RJORK RONAL W SERTAS Chief-Mowilnhe Taeoce Cluef-Renion Chief-Belhngham CMrf-Dip ofFuh&Wddlfe Chief-WSP GENE DANA JOHN L DMION DAVID G REICHERT CHARLES E MANDIGO LARRY V ERICKSOB Shemff-Kanter Covey Sheriff-P-lfc Covey Sheriff King Cowy SAC-FBI Execmive Director Kent City Council Meeting Date April 5, 2005 ' Category Consent Calendar 1. SUBJECT: STAY OUT OF AREAS OF RACING (SOAR)—AMENDING ORDINANCE—ADOPT ' 2. SUMMARY STATEMENT: Adoption of Ordinance No. amending Chapters 9.42 and 9 43 of the Kent City Code to address racing and race attendance within the City of Kent. ' On June 5, 2001, the Kent City Council adopted Ordinance No. 3557 which, among other things, made it a crime to attend an illegal street race in certain areas of the City. Although these code provisions have proven to be effective tools in reducing the incidents of illegal street racing, street racers and their spectators have altered their illegal racing practices by racing in newly constructed industnal areas of the City and by racing at times not specifically covered by the current City code. Amendments to the City's code are necessary to add areas frequented by illegal street racers, to change the times in which attending street racing events are illegal, and to make technical changes to the ordinance in order to facilitate the efficient prosecution of these matters. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Safety 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 S 1 Unbudgeted Revenue: Fund Amount S 6. CITY COUNCIL ACTION: Councilmember moves, Counciimember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapters 9 42 and 9.41 of the Kent City Code to address racing and race attendance within the City of Kent. 1 � RECITALS A. On June 5, 2001, the City of Kent became the first municipality in ('Washington, and possibly the country, to pass an ordinance that makes it a crime to ' attend an illegal street race in certain areas of the City and permits a judge to order those convicted of illegal street racing to stay out of certain areas of the City designated as no racing zones. B. Other municipalities in the south King County region have since followed suit by passing similar ordinances. These codes have proven to be effective stools in reducing the incidents of illegal street racing and the attendance of spectators at illegal street racing events. C. Illegal street racers and their spectators have altered their illegal racing practices by racing in newly constructed industrial areas of the City and by racing at times not specifically covered by the current City code. 1 Racing and Race Attendance- ' Amend KCC Chapters 9.42 and 9.43 1 D. Amendments to the City's code are necessary to add areas frequented by ' illegal street racers, to change the times in which attending street racing events is illegal, and to make technical changes to the ordinance in order to facilitate the ' efficient prosecution of these matters. r NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, , WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE 1 SECTION 1. — Amendment Chapter 9 42 of the Kent City Code, entitled "Unlawful Race Attendance," is amended as follows , Chapter 9.42 UNLAWFUL RACE ATTENDANCE Sec. 9.42.010. Definitions. Unless the context clearly requires otherwise, the , definitions in this section shall apply throughout this chapter. A. Public place means an area, whether publicly or privately owned, generally open to the public and includes, without limitation, the doorways and entrances to , ,buildings or dwellings and the grounds enclosing them, streets, sidewalks, bridges, lalleys, plazas, parks, driveways, and parking lots. r B. Unlawful race event means an event wherein persons willfully compare or contest relative speeds by operation of one or more motor vehicles. Sec. 9.42.020. Unlawful race attendance— Prohibited. Any person (1) who , has actual or constructive knowledge that they are in a designated SOAR area betweet3 ., and (2) who has actual or constructive knowledge that an unlawful race event is occurring, has occurred, or is about to occur, 1 2 Racing and Race Attendance- Amend KCC Chapters 9.42 and 9.43 , and (3) was there with the intent to intends observe or support or encourage the unlawful race event, is guilty of a misdemeanor. SECTION2. -Amendment Chapter 9.43 of the Kent City Code, entitled "Stay Out of Areas of Racing— SOAR" is amended as follows: ' Chapter 9.43 STAY OUT OF AREAS OF RACING—SOAR ' Sec. 9.43.005. Findings. The zones listed in section 9.43.030 of the Kent Citv Code are frequented by illegal racers and those who attend illegal races. These zones ' attract illegal street racers and their spectators as the roads are straight, wide, and long, and traffic during the dark hours is not heavy. It is in these zones that street racers and their spectators cause damage to pavement, curbing, and street striping. Due to the volume of people that attend illegal street races in these zones, which can number in jthe hundreds, adjacent private property owners suffer economic loss due to the trash, (human waste, and graffiti that is left behind. Street racers also cause damage to this (private property by destroying_planters and vegetation and parking lot black top In (addition, due to the high volume of people who attend illegal street races, there is a severe risk of danger to the street racers and their spectators. Spectators crowd the Istreets as vehicles race close by at excessive speeds. This uncontrolled racing ' ienvironment has been known to cause serious injuries and death around the country. (The zones listed in section 9.43 030 of the Kent City Code suffer a much higher 1 incidence of illegal street racing and race attendance than other zones or areas of the City. Sec. 9.43.010. Stay Out of Areas of Racing — Abbreviation. As used in this title, the acronym "SOAR"represents "Stay Out of Areas of Racing." ' Sec. 9.43.015. SOAR orders. A SOAR order prohibits persons from engaging in racing or unlawful race attendance within a no racing zone, as set forth in KCC .43.030, between the hetifs e f 10:00 . Ea. and 5.00 a. . 3 Racing and Race Attendance- ' Amend KCC Chapters 9.42 and 9.43 r . r Sec. 9.43.020. SOAR orders—Issuance. A. The municipal court may issue a SOAR order to any person charged with ' racing, unlawful race attendance, reckless driving associated with race activity, or ' trespass associated with race activity as a condition of pre-trial release, sentence, or deferred sentence. r B. A person is deemed to have notice of the SOAR order when: 1. The signature of either the person named in the order or that of his or her attorney is affixed to the bottom of the order, which signature shall signify the person named in the order has read the order and has knowledge of the contents of the order; or 2. The order recites that the person named in the order, or his or her ' attorney, has appeared in person before the court at the time of issuance of the order. i C. The written SOAR order shall contain the court's directives and shall bear the statement: "Violation of this order is a criminal offense under KCC 9.43.030 and will ' subject the violator to arrest." Sec. 9.43.030. SOAR orders — Designated "No Racing Zones." The SOAR order may apply to any of the following "No Racing Zones" 1..,twee.. the ,,,u fs e , 1. 54th Avenue South from the 22800 block to the 22500 block. i 2. 58th Place South from Russell Road to South 194th Way. 3. 59`h Place South from South 212`h Street to South 199`h Place. 43. 64th Avenue South from S. 212th Street to James Street. 54, 72nd Avenue South from S. 180th Street to S. 228th Street. , 65. S. 180th Street from 68th Avenue South to 84th Avenue South. , 76. 80th Avenue South from S. 180th Street to S. 184th Street. 8. South 199h Place from 59`h Place South to 68`h Avenue South (West , Valley Highway) 4 Racing and Race Attendance- Amend KCC Chapters 9.42 and 9.43 . r 9-7. South 194th Street and South 194th Way from 66th Avenue S. to Russell Road. ' 109. South 226th Street from 64th Avenue S. to 54th Avenue S. 119. South 202nd Street from 84th Avenue S. to 90th Avenue S. 12. 62"d Avenue South from South 192"d Street to South 199ei Place. ' These "No Racing Zones" include any highway, as that term is defined in RCW 46.04.197, together with adjoining property areas (such as sidewalks, entryways, ' landscaped areas, and parking areas) if those adjoining areas are being used for racing or unlawful race attendance. These "No Racing Zones" shall be designated by the placement of clear and ' conspicuous signs at all highway entrances to the no racing zone. At a minimum, these II signs must include the following statements: No Racing Zone, Race Attendance ;Prohibited; KCC 9 42 020. �I ' See. 9.43.040. SOAR orders—Violation. A. In the event a police officer has probable cause to believe that a person has been ' issued a SOAR order as a condition of pre-trial release or a sentence imposed by the court and, in the officer's presence, the person is seen violating or failing to comply with any requirement or restriction set forth in the SOAR ordernM)ese4—ape&4hat I j./VIJVSL by lS1V pGiZT-CTJ-'-CT-eanditien of his e' her pre ttial release o} ee so�ee, the officer may arrest the violator without warrant for violation of the SOAR order and shall bring that person before the court that issued the order. B. When a SOAR order is issued pursuant to this chapter and the person so named ' in the order has notice of the order, a violation of any of the provisions of the SOAR order is a gross misdemeanor and shall be punishable by a fine not to exceed five ' thousand dollars ($5,000) or imprisonment not to exceed more than one (1) year, or both. 5 Racing and Race Attendance- Amend KCC Chapters 9.42 and 9.43 i SECTION 3. — Severabdity. 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 4. —Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. , JIM WHITE, MAYOR ATTEST: , ,BRENDA JACOBER, CITY CLERK (APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY , 1 6 Racing and Race Attendance- Amend KCC Chapters 9.42 and 9.43 ' 1 ' PASSED: day of April, 2005. ' APPROVED: day of April, 2005. PUBLISHED: day of April,2005. ' 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 1 1 ' 7 Racing and Race Attendance- Amend KCC Chapters 9.42 and 9.43 Kent City Council Meeting Date April 5, 2005 Category Bids 1. SUBJECT: W. SMITH STREET IMPROVEMENTS —AWARD 2. SUMMARY STATEMENT: The bid opening for this project was held on March 28, 2005, with three (3) bids received. The low bid was submitted by R. W. Scott Construction in the amount of$2,446,586.99. The Engineer's estimate was $2,1345567.61 3. EXHIBITS: Public Works memorandum 4. RECOMMENDED BY: Staff (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 7A)k moves, Councilmember seconds to authorize the Mayor to enter into a contract with R. W. Scott Construction in the amount of$2,446,586.99 for the W. Smith Street Improvements project. DISCUSSION: --�, ACTION: C Council Agenda Item No. 8A PUBLIC WORKS DEPARTMENT Larry Blanchard Public Works Director Phone 253-856-5500 Fax 253-856-6500 KENT WASHINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 March 29, 2005 TO: Mayor White and Kent City Council FROM: Tim LaPorte, Design Engineering Manager THROUGH: Larry Blanchard, Public Works Director SUBJECT: W Smith Street Improvements Bid opening for this project was held on March 28, 2005 with three bids received The low bid was submitted by R W Scott Construction in the amount of$2,446,586 99. The Engineer's estimate was $2,134,567 61 The Public Works Director recommends awarding this contract to R. W. Scott Construction. Bid Summary R W. Scott Construction $2,446,586.99 Rodarte Construction, Inc $2,550,350.68 Westwater Construction Co. $2,773,838 70 Engineer's Estimate $2,134,567.61 i i i 1 1 Mayor White and Kent City Council W Smith St Improvements -Award Bid Apnl 5,2005 1 REPORTS FROM STANDING COMMITTEES AND STAFF ' A. COUNCIL PRESIDENT i B. OPERATIONS COMMITTEE 1 C. PUBLIC SAFETY COMMITTEE i D. PUBLIC WORKS E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PARKS AND HUMAN SERVICES COMMITTEE G. ADMINISTRATIVE REPORTS REPORTS FROM SPECIAL COMMITTEES Kent Parks and Human Services Committee Meeting January 20, 2005 The regular meeting of the Kent City Council Parks and Human Services Committee was called to order at 4.05 p.m. by Chair Deborah Ranniger Committeemembers present: Chair Deborah Ranniger,Tim Clark,Debbie Raplee 1. Approval of Minutes. Tim Clark moved to approve the minutes of the Parks and Human Services Committee meeting of December 2, 2004 The motion was seconded by Debbie Raplee and the motion passed 3-0. 2. East Hill Skate Park Land Donation - Accept and Amend Budget. Arbor Village Assisted Living Community is owned and operated by Olympus Assisted Living LLC Olympus donated one acre of land at Arbor Village, which is adjacent to city-owned property and future site of the East Hill Skate Park In exchange for the donation, the park's master plan was re- designed to include certain amenities requested by the residents of Arbor Village. The land donation is valued at $90,000 Debbie Raplee moved to recommend accepting the land donation from Olympus Assisted Living, LLC, authorizing the expenditure of funds in the East Hill Skate Park budget for closing costs and allowing the Mayor to execute a land donation agreement, subject to review by the ICity Attorney. The motion was seconded by Deborah Ranniger and passed 3-0. 3. Fourth Quarter Fee-In-Lieu Funds - Accept and Amend Budget. Between October and December 2004,the City of Kent received a total of$31,200 00 from developers who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in two subdivisions. Bakke Development Inc paid $11,350 00 for Wildwood Ridge Development and KBS Development Corporation paid$19,350.00 for Garrison Greens Development. Tim Clark moved to recommend accepting the fee-m-heu funds from contractors in the amount 1 of$31,200.00 and authorizing the expenditure of funds in the Basketball Court Development and Clark Lake budgets. The motion was seconded by Debbie Raplee and passed 3-0. 4. King County Youth Sports Grant - Accept and Amend Budget. The City of Kent has been awarded a King County Youth Sports Facility Grant from King County Department of Natural Resources and Parks to purchase and construct climbing boulders at the new Service Club Park. The boulders will be designed for children/beginners and will be located near the adult/advanced climbing features Debbie Raplee moved to recommend accepting the $17,000 000 Youth Sports Facility Grant from King County and authorizing the expenditure of funds in the East Hill Skate Park budget. The motion was seconded by Tim Clark and passed 3-0 t t Parks and Human Services Committee Minutes January 20,2005 5.Service Club Park Donations-Accept and Amend Budget.The $8,500.00 from Kent Sunrise Rotary Club and $1,824.72 from Kiwanis Club of Kent are partial payments from original pledges made in 1999 to support the construction of Service Club Park.To recognize their contributions, play fields will be named for each club. The park will be under,construction this year Tim Clark moved to recommend accepting the $8,500.00 from Kent Sunrise Rotary Club and $1,824.72 from Kiwanis Club of Kent and authorizing expenditure of funds in the Service Club Park budget. The motion was seconded by Debbie Raplee and passed 3-0. Deborah Ranger stated that the community participation and support for parks is impressive. 6. Kent Pool Funding - Approve. The city took back operation of the Kent Pool from King County in 2003. At that time, an agreement was made with Aquatic Management Group (AMG) to operate the pool The County made a commitment to pay $25,000.00 each year of 2003 and 2004 to fund the operation and maintenance of the pool. In 2004 the County funding ended. AMG is requesting financial support from the City to pay for general maintenance and emergency repairs of the aging pool. Aquatic Management Group staff member Brian Brucheres shared improved stats on pool use and lessons. Mr. Brucheres thanked facility department for making much needed repairs to the water heaters and boiler. Director John Hodgson outlined different options to fund the operation of the pool. It was decided that the life span of the pool will be examined, with focus on its future. To save time and money, it was determined that AMG will submit financial reports only as repairs are needed. Debbie Raplee moved to recommend that up to $25,000.00 be allocated to the Kent Pool General Operation budget from the Youth/Teen Utility Tax account and that $25,000.00 be allocated from the Facilities Emergency Capital Repairs account for repairs to the Kent Pool. Furthermore, that the funds be allocated only if needed following financial concurrence from the Finance Director and Parks Director. The motion was seconded by Deborah Ranniger and passed 3-0. 7. Aquatic/Recreational Facilitv Feasibility Study-Informational. Director John Hodgson presented an overview of the process for conducting the Aquatic/Recreation Facility Feasibility Study, along with a tentative timeline and consultant scope of work. Discussion followed regarding citizen participation and that it would be early in the planning process. It was decided that a strategic plan will be presented to the committee in 2005. The meeting adjourned at 4:50 p.m. Teri Petrole Parks and Human Services Committee Secretary -2- 1 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 28, 2005 COMMITTEE MEMBERS: Chair Tim Clark, Ron Harmon, Bruce White The special meeting was called to order by Chair Clark at 4:00 p.m. Approval of Minutes Member Harmon MOVED and Member Clark SECONDED a motion to approve the minutes of January 19, 2005. Motion Carried with Member White's concurrence. Critical Areas Ordinance(CAO) ZCA-2002-4 Ms Marousek described what has occurred to date with the CAO. She asked the Committee to consider extending the CAO Focus Group to allow them to meet on March 2"d to consider additional options, with the anticipation of bringing a resolution to the Committee at a continued hearing on March 21s` iMember Harmon moved and Member White seconded a motion to accept a letter received from Soos Creek Water & Sewer District for the record established as Exhibit #34, and a letter from Eric Olason with Area for the record established as Exhibit#35. Motion Carved. Member Harmon moved and Member White seconded a motion to continue the public hearing to iMarch 21, 2005. Motion Carved 3-0. Planning Services 2005 Work Program Planning Manager Charlene Anderson described the Planning Services proposed work program for 2005. Chair Clark recommended that staff review NCC Zoning as well as the issue of stacked condominium housing in downtown. In response to Member Harmon, Ms. Anderson defined "Built Green" as an effort to be environmentally sensitive with how projects are built. She stated that Planner Bill Osborne is representing the city in this local and regional effort. Adiournment Chair Clark adjourned the meeting at 4.25 pm Pamela Mottram, Admen Secretary, Planning Services S lPermnlPlanlPlammng Commetteel2005iMtnutes1012805m,n doc i i 1 CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES January 20,2005 COMMITTEE MEMBERS: Debbie Raplee,Les Thomas,Deborah Ranmger,Chair • The meeting was called to order by Deborah Ranmger at 5 05 PM. ' • Chair noted the addition of a presentation by Fire Department personnel 1. Approval of Minutes 1 Les Thomas moved to approve the minutes of the December 16.2004 meeting. The motion was seconded by Debbie Raplee and passed 3-0. 2. Goods and Services Agreement—Ergonomics for Police Records Department— AUTHORIZE Police Chief Ed Crawford explained the benefits of the workstations for staff. Debbie Raplee moved to recommend authorizing the mayor to sign the Godds and Services Agreement with Watson Furniture, and placing this on the Consent Calendar for the February 1,2005 Council Meeting. The motion was seconded by Les Thomas and passed 3-0. 3. Fire Department Work Plan for 2005—INFO ONLY Fire Chief Jun Schneider distributed copies to the committee and reviewed the work plan. 4. Police Department Taser Use—INFO ONLY Chief Crawford introduced Police Sergeant Rafael Padilla and Police Officer John Cagle. The history,uses,and department policy of the taser were explained and a demonstration of use was perfoimed on a cardboard target 5. CALEA Accreditation Update—INFO ONLY I Chief Crawford gave an update on the status of the Police Department's recent assessment. The assessors will recommend re-accreditation for Kent at the CALEA Conference in July. Added Item: 6. Washington State Patrol—Chief's Coin Fire Marshall Jon Napier stated that he and Chair Ranmger had been to Olympia to receive the W SP Chiefs Coin in recognition and appreciation of the 2004 fireworks education and enforcement progiam in Kent. items of note were the cooperation between the City Council, Police and Fire Departments, the amnesty and enforcement ideas, the use of signs and banners, the direct mailing to residents and the use of multi-lingual posters at fireworks stands The meeting adjourned at 5:55 PM. Jo Thompson Administrative Assistant rCONTINUED COMMUNICATIONS A. 1�3r c �a7e S - a 0 z14 s i 1 1 i ! EXECUTIVE SESSION 1 i li ACTION AFTER EXECUTIVE SESSION Ir 1 i i 1 1 1 ! r r r 1 r