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City Council Meeting - Council - Agenda - 10/03/2006
1 i NOVI 1 �e City of Kent CityCouncil Meeting Agenda 1 1 ! October 3, 2006 ' Mayor Suzette Cooke Deborah Ranniger, Council President 1 Councilmembers 1 Tim Clark Debbie Raplee Ron Harmon Les Thomas 1 Bob O'Brien Elizabeth Watson 1 KENT W ASH INGTON City Clerk's Office KENT CITY COUNCIL AGENDAS KEN T October 3. 2006 ____WA 5 H IN G T O N Council Chambers MAYOR Suzette Cooke COUNCILMEMBERS Deborah Ranmger, President Tim Clark Ron Harmon Bob O'Brien Debbie Raplee Les Thomas Elizabeth Watson COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Committee to End Homelessness Katherin Johnson 15 min 2. Initiative 933 —Property Rights Tom Brubaker/ 45 min Fred Satterstrom COUNCIL MEETING AGENDA 7:00 p.m. I CALL TO ORDER/FLAG SALUTE 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 Public Recognition B. Community Events C. Employee of the Month D. Introduction of Appointee E. Economic Development Report F Domestic Violence Pro/ylamation 5 PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills—None C. King Conservation District Grant for Clark Lake Park Forestry Plan—Accept and Amend Budget (Continued) COUNCIL MEETING AGENDA CONTINUED D. King Conservation District Grant for Clark Lake Park Inlet Reforestation— Accept and Amend Budget E. Safeco Grant for Service Club Park Scoreboard—Accept and Amend Budget Q F. Surplus and Disposal of Water Department Materials — Set Hearing Date G. Joint Funding Agreement with U S Geological Survey for the Cooperative Data- Collection Program—Authorize H. Gift of Land, Quit Claim Deed—Accept and Authorize I Re-appointment to Diversity Advisory Board—Confirm 7. OTHER BUSIN G LIY\f- ' ' None 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A Property Acquisition 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. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. 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City Council Action: )� Councilmember moves, Councilmember Ov4n4ro seconds to approve Consent Calendar Items A through Discussion Action 1 A 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of September 19, 2006. 6B. Approval of Bills. Numbers were not available for approval. Council Agenda Item No. 6 A-B • Kent City Council Meeting KENT September 19, 2006 WASH INGTO N_ The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present Clark, Harmon, O'Brien, Ranmger, Raplee, Thomas and Watson. (CFN-198) CHANGES TO AGENDA A. From Council, Administration, or Staff. (CFN-t98) CAO Hodgson added Public Communication Item E. B. From the Public. (CFN-198) At the request of Russell Snyder, Continued Communications Item l0A was added to the agenda. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Mayor Cooke thanked those working at the polls on this primary election day B. Community Events. (CFN-198) Council President Ranmger announced the Kent Downtown Partnership First Avenue South Block Party and the Kent Senior Center 20`h Anniversary The Mayor noted that the groundbreaking for the Lake Meridian Outlet Project was held today. C King County Sexual Assault Resource Center. (CFN-198) Representative Mary Eckfeldt thanked the City for their community service funds and noted that 214 victims from Kent were assisted last year. D. King County Council and Kent County Council Representatives. (CFN-198) King County Councilmember Julia Patterson explained an exchange program which the County is participating in, and introduced Paul Wickenden, the Overview and Scrutiny Manager for the Kent County Council in Kent, England. Mr. Wickenden highlighted the similarities and differences in 1 the way things are done in the two countries. The Mayor then presented him with a City of Kent pin. Mayor Cooke then read a proclamation declaring September 17—23, 2006, as Constitution Week in the City of Kent, and presented it to Liz Walker of the Daughters of the American Revolution. Walker noted that the United States got their laws and sense of freedom and service from the United Kingdom. ADDED ITEM E Solid Waste Date. (CFN-738) Public Works Director Blanchard gave an overview of issues related to Kent's mandatory solid waste disposal requirements and an outline of a proposed implementation plan He added that a more detailed presentation will be made to Council in the near future Mike Mactutls, Environmental Engineering Manager, explained the five steps in the implementation plan 1 Kent City Council Minutes September 19, 2006 PUBLIC HEARINGS A 2007 Annual Operating Budget. (CFN-186) This is the first public hearing on the 2007 Budget The Finance Director pointed out that the purpose of the hearing is to solicit input from the residents He summarized the 2006 budget and outlined the 2007 budget calendar The Mayor opened the public hearing. There were no comments from the audience and RANNINGER MOVED to close the public hearing Clark seconded and the motion carried. B. 2007-2012 Capital Improvement Plan. (CFN-775) This is the first public hearing on the ` 2007-2012 Capital Improvement Plan. The Finance Director noted that the purpose of the hearing is to take public input He summarized the current plan and outlined the calendar Mayor Cooke opened the public hearing. There were no comments from the audience and RANNIGER MOVED to close the public hearing Clark seconded and the motion carried. CONSENT CALENDAR RANNINGER MOVED to approve Consent Calendar Items A through D. Clark seconded and the motion carried. A Minutes of Previous Meeting. (CFN-198) The minutes of the regular Council meeting of September 5, 2006, was approved and a correction to the minutes of August 15, 2006, as follows, was approved. PUBLIC HEARING ITEM C Commercial Motor Vehicles in Residential Districts, Zoning Code Amendment. Correct the date in the last paragraph from September 19 to September 5, 2006. B. Approval of Bills. (CFN-104) Numbers were not available for approval. C. Middle Green River Coalition, Letter of Support. (CFN-1038) The Mayor was authorized to sign a letter of support for the Middle Green River Coalition and its' Green River Gorge Mountains to Valley Greenway Project D. Sun Preet Sangh Short Plat Bill of Sale. (CFN-484) The Bill of Sale for Sun Preet Sangh Short Plat for 2 gate valves, 5 manholes, and 654 linear feet of sanitary sewer was accepted This project is located at 24228 l 16th Avenue SE. OTHER BUSINESS A Ghag Rezone. (CFN-121) The proposed ordinance relates to the rezoning of a parcel totaling 1.77 acres of real property from Limited Industrial to General Commercial/Mixed Use Chris Hankins of the Community Development Department outlined the project, noting that the applicant is not proposing a development. He added that staff and the Hearing Examiner recom- mend approval. City Attorney Brubaker explained the quasi-judicial process and determined that there are no appearances of conflict from any Councitmember. When it was pointed out that trucks have been parking at the site, the City Attorney noted that that is a code violation and directed the Council to make their decision based on the zoning criteria. Hankins explained the 2 Kent City Council Minutes September 19, 2006 allowed uses in the General Commercial/Mixed Use district. HARMON MOVED to modify the Hearing Examiner's decision and authorize General Commercial on the Ghag Rezone and adopt Ordinance No 3815 Clark seconded. Brubaker pointed out that the hearing by the Hearing Examiner did not consider an alternative of just General Commercial, therefore the public did not have an opportunity to comment on that. Harmon withdrew his motion and Clark withdrew his second HARMON MOVED that this issue be remanded back to the Hearing Examiner to consider General Commercial only Clark seconded Upon a roll call vote, the motion to remand failed 4-3 with Clark, Harmon and Thomas in favor and O'Brien, Ranniger, Raplee and Watson opposed. CLARK THEN MOVED to accept the Findings, Conclusions and Recommendation of the Heanng Examiner on the Ghag Rezone and to adopt Ordinance No 3815 Harmon seconded and the motion carried 6-1 with Thomas opposed B. Kent Event Center Budget Request. (CFN-1305) CAO Hodgson gave the background on this project and updated Council on the steps that have been taken recently, including the evaluation of architectural firms next week He outlined costs and reiterated that all contractors realize there may be a point at which the project is stopped if it cannot be financed Upon questions from Council members, Hodgson explained the size of the lot and the building, parking facilities and the use of Councilmatic bonds RANNIGER MOVED to allocate S1,355,000 to the Kent Event Center Project budget to continue the environmental review, architectural design, and all other project development costs for the Kent Event Center through December 2006. Clark seconded O'Brien objected, saying he does not support Councilmatic bonds and the parking situation is uncertain After comments from other Council members, Harmon called for the question and the motion carried with O'Brien opposed. C Rock Creek Bridle and Kent-Kanetev Road Vehicle Weight Restrictions. (CFN-171) Public Works Director Blanchard explained that the Kent 5 Bridge at Rock Creek can no longer safely withstand or accommodate allowable maximum vehicle weight restrictions as established under state law He noted that the proposed ordinance will restrict the maximum gross vehicle weights allowed on the budge He said that when the final structural review analysis on Kent- Kangley Road is complete, that issue will be brought back to Council under a separate ordinance. He recommended approval of a weight limit of 44 tons on Kent 5 Bridge. RAPLEE MOVED to adopt Ordinance No 3816 which restricts the operational maximum gross vehicle weight allowed on the Kent 5 Bridge at Rock Creek to 44 tons, or 88,000 pounds, until the bridge is replaced Harmon seconded The City Attorney noted that the ordinance declares an emergency and would be effective immediately. The motion then carried REPORTS Public Works Committee. (CFN-198) Raplee announced meetings regarding neighborhood traffic concerns as follows South Parks residents will meet on September 26 from 6.00 to 8.00 p in in the Centennial Building, in Conference Room 2, and S. 282nd residents will meet at Horizon Elementary School on October 25 from 6 00 to 8.00 p.m. Administrative Reports. (CFN-198) Hodgson noted receipt of a packet of citizen comments on the Critical Areas Ordinance RANNIGER MOVED to make the packet a part of the record. Clark seconded and the motion carried Police Chief Strachan announced that the person responsible for shooting out windows at the Court facility and businesses was apprehended today. 3 Kent City Council Minutes September 19, 2006 Hodgson then noted that there will be an executive session of approximately fifteen minutes regarding pending litigation and property acquisition, with no action to be taken afterward. CONTINUED COMMUNICATIONS A Changing Spiritual Climate. (CFN-121) Russell Snyder, 18228 124'h Avenue, Renton, explained that he and his team attend Council meetings to pray that the city be filled with peace, wisdom and knowledge He predicted that goodness and peace will permeate the city EXECUTIVE SESSION The meeting recessed into Executive Session at 9-00 p.m. and reconvened at 9.30 p.m. ADJOURNMENT At 9 30 p in., WATSON MOVED to adjourn. Thomas seconded and the motion carried Brenda Jacober, CMC City Clerk i 4 Kent City Council Meeting Date October 3, 2006 Category Consent Calendar 1. SUBJECT: KING CONSERVATION DISTRICT GRANT FOR CLARK LAKE PARK FORESTRY PLAN — ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the King Conservation District Grant of $3,360 to fund the Clark Lake Forestry Management Plan, approve the expenditure of funds in the Clark Lake Management Plan budget, and authorize the Mayor to sign all necessary documents. The King Conservation District Reimbursable Grant funds were used to hire a consultant, Sound Urban Forestry, to evaluate the Clark Lake Park urban forest and prepare a report with recommendations to protect and nurture the forest Based on this report, reforestation of the park is underway using volunteer efforts during the October planting event—ReLea£ 3. EXHIBITS: King Conservation District Notification Letter and Agreement 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff; Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund P20027 Amount $1360 00 Unbudgeted Revenue. Fund P20082.53710 Amount $3,360 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6C a� King Conservation District 935 Powell Avenue SW,Ste.D•Renton,WA 98055•Phone(--Oo)764-3 k10•bay(206)?a}-fir,77 E mail disfrrrt@krngai ag August 2,2006 Perry Brooks City of Kent 220-4th Ave South Kent,WA 98032 Dear Mr.Brooks, Enclosed are two copies of an Agreement for award of a King Conservation District Member Jurisdiction&WRIA Forum Grant for the following projects: • Clark Lake Inlet Restoration PII • Clark Lake Forest Management Plan After obtaining signatures from City of Kent representatives, return both copies of the Agreement to me. I will obtain the iequned signatures from Kutg Conservation District representatives and forward a signed original for your records At that time, I will also forward a check for the amount of the giant I am available to answer any questions you may have. Please do not hesitate to contact me. Sincerely, Brandy Reed Disti ict Co-Coordinator Enclosures(4) KCD Ref KCD Ref06-118 Pert Brooks,City of Kent doc i AGREEMENT FOR AWARD OF KING CONSERVATION DISTRICT MEMBER JURISDICTION GRANT City of Kent This Agreement is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 935 Powell Ave. SW, Renton, OVA 9S055 (referred to herein as `District"), and City of Kent, a municipal corporation in King County, Washington, located at 220 4"' Avenue South, Kent Washington 98032 (referred to herein as "Recipient"), for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW. The District engages in and provides certain conservation activities that are authorized and described in RCW 89.08.220, and 1.2 Whereas, on December 15,2000, the Metropolitan King County Council enacted King County Ordinance No. 14016 witch, among other things, provides for the distribution of noncompetitive grant fiords from a portion of the special assessments imposed by King County Ordinance No. 14016 and collected by the District pursuant to Chapter 89 08 RCW; and 1.3 Whereas, on November 19, t998, the District adopted Resolution No 98-20 relating to the policy and procedures governing the District's award of any noncompetitive grants authorized by King County, and 1.4 Whereas, the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter S9 08 RCW and the District's policy and procedures for awarding noncompetitive grants; and 1.5 Whereas, the District and Recipient desire to enter into this Agreement for the purpose of establishing the teens and conditions relating to the District's award of a noncompetitive grant to Recipient. SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Three thousand three-hundred and sixty Dollars($3360) from 2003 Assessments Grant funds shall be used by Recipient solely for the per fonnance of the work described in Exhibit A which is attached hereto and incorporated herein by this reference. The District shall pay the grant funds to Recipient in accordance with the following paiagiaphs Giant funds from 2003 Assessments shall be paid by District to Recipient within five(5) business days after District's receipt of a fully executed Agreement. 2.2 Recipient represents and warrants that it will only use the grant fiords for the work described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the Agreement. Recipient shalt be required to refund to the District that portion of any grant fords which are used for unauthorized work. Further, Recipient agrees to return to the District any grant funds that are not expended and/or remain after completion of the work covered by this Agreement. 23 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's junsdictional boundaries: Enumclaw, Federal Way, Milton, Pacific, and Skykonush. Recipient shall be required to refund to the District that portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized purposes. 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with an annual summary report. Financial and project reports shall be due May 31 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty(30) days after the completion of the work. The final report shall, among other things, summarize the project's successes and shall address the regional benefits accomplished by the work The final report shall also identify any obstacles or challenges which were encountered during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If i equested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals 2.6 Recipient's expenditures of grant funds shall be separately identified in the Recipient's aceoutiting records. If requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records. Recipient shalt maintain such records of expenditures as maybe necessary to conform to generally accepted acconnti rig principals and to rneet the requirements of all applicable state and federal laws. 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS"). 2.8 The District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in oider to verify compliance with the terms of this Agreement. Recipient shall cooperate with the District it] any such audit. -2 - r t 2.9 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. 2.10 Recipient shall ensure that all work perforned by Recipient or its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.11 Recipient agrees that in the event a court of competent jurisdiction finds that the imposition or collection of the special assessments authorized by King County Ordinance No. 14016 is unlawful and orders the repayment of such assessments, Recipient agrees to reimburse the District for the full amount of the grant award, including any interest which may be awarded by the court. 2.12 Recipient agrees to indemnify, defend and hold hamnless the District, its agents, officers, officials and employees from all claims, alleged liability,damages, losses to or death of person or damage to property allegedly resulting from the acts of the Recipient or any of its employees, agents,contractors or subcontractors in connection with this Agreement. 2.13 Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inriuceinent, promise or agreement between of among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3 No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties The parties contemplate that this Agreement inay from time to (line be modified by written anendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 3.4 Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. 1 l 3.5 Expenditure of grant funds shall be subject to appropriation by the Metropolitan King County Council. DISTRICT: RECIPIENT: By Name ,q,C,- Z4l ►J"CT--A Name Title Title Date � Date Approved as to Fonn: Approved as to For►w DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: ByJt,ti.r' L- ..��4,,,rti+�i`l ' By Name Name Date .}mil, (� Date - 4 - Exhibit A 1 i I t 1 t t I � I � 1 King Conservation District ) Member Jurisdiction Noncompetitive Grant Application Project Name: Clark Lake Forest Mamt Contact: Dare Everett Applicant: Kent Parks, Rec and Cnity Svcs Title: Fund Development 'oordnmator Principal Partners (if any): Address: ?20 4th So Kent, WA 98032 Total Project Cost: $30,010.00 Phone: (253) 856 5113 KCD Funding Requested: $3360.00 Fax: (253) 856 6050 Project Start Date: 04-01-04 E-mail: Deverett(a)ci kent wa.us Project End Date: 07-13-04 1. Brief Project Description (—200 words): The City of cent has many pocket forests within the jurisdirtiotn of the Kent Parrs, Recreation and Community Services Department. These forests range from small (3 —5 acre) to large (-160 acres). The Parks Department foresters are performing routine maintenance on the forests in areas of hazard tree analysis and removal if appropriate; however no long range management plan existed for these wonderful assets. Our worry is that as budgets ebb and flow, so does maintenance on these jewels We feel with along range management plan we can avoid crises in the future because of planned management today. To this end, we hired Sound Urban Forestry, urban forest specialists, to do a complete analysts of these parks This park of 135 acres is approximately 40% forested. SUF examined each tree in the pack. We began reforestation of this area in the spring of 2002 with our first"ReLeaf' effort, and have continued periodic activities, mcludmng restoring both the inlet, and outlet flows to their original condition including installation of large woody debris and"fish nix"rock. Our last effort at reforestation included planting over 3000 native trees and shrubs along the outlet stream. We are currently performing a comprehensive wildlife and biologictcal review and study of the park. 2. Project Objectives (Citing specific paragraphs and subtexts, provide a brief description of how the project meets one RCW 89.08 criteria and one KCD Strategic Plan Initiative criteria outlined in the Policy and Procedure Overview): KCD Noncompetitive Grant Program Procedures, Policies, Criteria* April, 2005 P-2 of9• This grant application substantially connplies with general policies one through 5 of the KCD Policy six is for acquisition only. KCD Noncompetitive Grant Program Procedures, Policies, Criteria * April, 2005 P-4 of 9: The activity we are requesting funding for is for the formulation of a long range plan to assure the sustained life of this urban forest. Our long range goat is the conservation of this forest,to take appropriate measure todav and plan for appropriate measures for the future to insure the health of this forest. This study w ill be used in conjunction with the comprehensive wild life study currently underway. KCD Noncompetitive Grant Program Procedures, Policies, Criteria* April,2005 P-7 of 9: The funded activity promotes a workable solution to help muninuze the effects of population growth...on the natural environment. The sustainable urban forests substantially unprove the quality of life of citizens in the area,provide pastoral areas to walk and exercise, (there are over two miles of trails currently available at Clark Lake with several more miles planned as the park King Conservation District 2 Member Jurisdiction Noncompetitive Grant Application develops), help reduce the airborne pollution load and help control flooding by providing an avenue for ram to recharge the ground water supply. 3. Project Activities and Measurable Results: A local boy scout is working with Martin Sortun Elementary, directly south, across SE 248th St, to educate students, help thein build nesting boxes, then install thera late this winter or very early spring to help the bird populations, both local and migratory. This is an Eagle Scout advancement project, and will result is well over 200 volunteer hours prior to completion. Our activities will be to follow the forest management plan with the current pack, and future acquisitions. 4. Budget Expenses Budget Item KCD Other Funds Other Total Funds Funds (City of Kent) Salaries and Benefits Travel/Meals/Mileage Office/Field Supplies Contracted/Profess►onal $3360 00 $26,650.00 $30,010 00 Services prepare Contracted I orestry land � m mt plan survey Land Acquisition Permits Other(iroe5 and Nlioc $ $ arbolejl -'U p�flq s) TOTAL $3360.00 $ $26,650.00 $30,010.00 5. Describe how KCD funding will be acknowledged over the duration of the project. KCD's Participation will be noted on park entrance signs with other funders at all entrances to the park. Other funders include the State of Washington h►teragency Committee for outdoor recreation, the State of Washington DCTED ftnds, and King County Conservation Futures funds, and King Conservation District funds. Authorized Signa re Date Lori Hogan, Ac4n Direvtor Kent Parks, Recreation and Community Services Department Kent City Council Meeting Date October 3, 2006 Category Consent Calendar 1. SUBJECT: KING CONSERVATION DISTRICT GRANT FOR CLARK LAKE PARK INLET REFORESTATION PROJECT —ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the King Conservation District Grant of $16,707.50 to fund Clark Lake Inlet Reforestation Project, approve the expenditure of funds in the Native Plants budget and authorize the Mayor to sign all necessary documents. The King Conservation District Reimbursable Grant funds were used to alter a man- made inlet at Clark Lake Park to make it more natural by installing large woody debris and boulders and planting along the banks This work was completed by Park staff, volunteers, and Boy Scouts completing Eagle Scout projects. 3. EXHIBITS: King Conservation District Notification Letter and Agreement 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure`s X Revenue? X Currently inthe Budget? Yes No -X If no: I Unbudgeted Expense- Fund P20043 Amount $16,707.50 Unbudgeted Revenue: Fund P20082.53710 Amount $16,707.50 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6D 'A a l 4^�, King Conservation District 935 Powell AvenueSW,Ste D•Renton,WA 9SOS•Phone(2O6)7(,43110•Fix(20b)7o4-66—//•E-mail disfrncftnipi oig August 2,200b Perry Brooks City of Kent 220 -40,Ave South Kent,WA 98032 Dear Mr.Brooks, Enclosed are two copies of an Agreement for award of a Kong Conservation District Member Jut isdiction& WRIA Forum Grant for the following projects: • Clark Lake Inlet Restoration PII • Clark Lake Forest Management Plan After obtaining signatures from City of Kent representatives,return Both copies of the Agreement to me. I will obtain the requned signatures from hung Conservation Dish ict representatives and forward a signed ori;mal for your records At that time, I will also forwai d a check for the amount of the grant I am available to answer any questions you may have. Please do not hesitate to contact me. Sincerely, Brandy Reed District Co-Coordmator Enclosures (4) KCD Ref. KCD Rct 06-118 Perry Brooks,City of Kent doc AGREEMENT FOR AWARD OF KING CONSERVATION DISTRICT MEMBER JURISDICTION GRANT City of Kent This Agreement is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 935 Powell Ave. SW, Renton, WA 98055 (referred to herein as "District"), and City of Kent, a municipal corporation in King County, Washington, located at 220 4"' Avenue South, Kent Washington 98032 (referred to herein as "Recipieut"), for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89 08 RCW The District engages in and provides certain conservation activities that are authorized and described in RCW 89.08.220, and 1.2 Whereas, on December 15, 2000, the Metropolitan King County Council enacted King County Ordinance No 14016 which, among other things, provides for the distribution of noncompetitive grant funds from a portion of the special assessments unposed by King County Ordinance No. 14016 and collected by the District pursuant to Chapter 89 08 RCW; and 1.3 Whereas, on November 19, 1998, the District adopted Resolution No. 98-20 relating to the policy and procedures govemmng the District's award of any noncompetitive grants authorized by King County; and 1.4 Whereas,the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW and the District's policy and procedures for awarding noncompetitive grants; and 1.5 Whereas, the District and Recipient desire to enter into this Agreement for the purpose of establishing the terns and conditions relating to the District's award of a noncompetitive grant to Recipient SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Sixteen thousand seven-hundred and seven dollars and fifty Cents�16,707 50)of which S14,149 66 is from 2002 Assessments and$2,557 84 is from 2003. Grant funds shall be used by Recipient solely for the perfornnance of the work described in Exhibit A which is attached hereto and incorporated herein by this reference_ The District shall pay the grant fiords to Recipient in accordance �r nh the following paragraphs Giant funds from 2002 and 2003 Assessments shall be paid by District to Recipient within five (5) business days after District's receipt of a frilly executed Agreement - 1 - 2.2 Recipient represents and warrants that it will only use the grant fiords for the work described in Exhibit A, which may be amended by the parties pursuant to Para-,raph ; 3 of the Agreement. Recipient sliall be required to refund to the Dish ict that portion of any grant funds which are used for unauthorized work Further, Recipient agrees to return to the District aay grant funds that are not expended and/or remain after completion of the work covered by this Agreement. 2.3 Recipient acknowledges and agrees that the grant fiends may only be expended on work which sltall be entirely within the District's jurisdictional boundaries The following municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal Way, Milton, Pacific, and Skykouush_ Recipient shall be required to refund to the District that portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that giant funds may only be used for such purposes if the houses to be purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any rant finds which are used for unauthorized purposes. 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports, along witli an annual summary report. Financial and project reports shall be due May 31 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work uh conformance with this Agreement within thirty(30) days after the completion of the work. The final report shall, among other things, summarize the project's successes and shall address the regional benefits accomplished by the work. The final report shall also identify any obstacles or challenges which were encountered during the work, along with general i ecommendations regarding ways to avoid such obstacles or challenges in the future If requested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable mten,als 26 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting records. If requested, Recipient shall comply with other reasonable requests made by the District with iespect to the manner in which project expenditures are tiacked and accounted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conforrn to generally accepted accounting piincipals and to meet the requirements of all applicable state and federal laws_ 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS"). 2.8 The District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in older to verify compliance with the terms of this Agreement. Recipient shall cooperate with the Distract in any such audit 2.9 Recipient shall ietai t all accounting records and project files relating to this Agreement in accordance with ci iteria established in the Revised Code of Washington and the Washington State Archivist. 2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.11 Recipient agrees that in the event a court of competent jurisdiction finds that the imposition or collection of the special assessments authorized by King County Ordinance No. 14016 are unlawful and orders the repayment of such assessments, Recipient agrees to reimburse the District for the full amount of the grant award, including any interest which may be awarded by the court 2.12 Recipient agrees to indemnify, defend and hold harmless the District, its agents, officers, officials and employees from all claims, alleged liability, damages, losses to or death of person or damage to property allegedly resulting from the acts of the Recipient or any of its employees, agents,contractors or subcontractors in connection with this Agreement. 213 Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force of effect. 33 No amendment to this Agreement slialI be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized reps esentatives of the parties and attached to this Agreement. 3.4 Each party warrants and represents that such party has fill I and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. ' - 3 - 3 S Expenditure of grant finds shall be subject to appropriation by the Metropolitan King County Council. DISTRICT: RECIPIENT: By �r � By Name ' ew C t'v�s Name Title XC6 cj•.C". Title Date Date Approved as to Form- Approved as to Fonn: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: By �i(. C �1 c���G By Name �( L , �� ,�1�sC� l Name Date S �. S l f.� f? Date Exhibit A King Conservation District 1 Member Jurisdiction Nonco repetitive Grant Application Project Name: Clark Lake Inlet Restoration P-a:- Contact. Peny_Brooks Applicant: Kent Parks, Ree and Canty Svcs Title: Park and Open Space Planner Principal Partners (if any): Address: Boy Scout Troop 470 220 4th Ave So Boy Scout Eric Simpson Kent, WA 98032 Total Project Cost: $23,571.06 Phone: (253 856 5114 KCD Funding Requested: $16,707.50 Fax: (253) 856 6050 Project Start Date: August 12, 2003 E-mail: Pbrooks(�Pci.kent_wa.us Project End Date: November 1, 2003 1. Brief Project Description (200 words): Clark Lake Part,is approximately 135 acres. The parks main fee tre is the seven acre Clark Lake. One of the feeds to Clark Lake is drainage from a neighboring housing area. This man- made inlet resembled a flume. The scope of this protect was to develop meanders in the creek bed, install large woody debris and boulders to help contain the energy of the flowing water and then plant the riparian area. The creek flows through a wetland. About 100 feet below the wetland we began altering the stream bed with machinery(while it was dry). After we were satisfied with the shape of the channel we installed large rocks we located on site, purchased and installed large woody debris then finished by installing washed rock in the bed of the stream channel. The purpose is to provide an illustrative stream to be used a part of a future education component of the park, and to help, by slowing the water velocity and reducing the sediment load transported to the lake The lake outflow eventually feeds the Green River. The outflow from Clark Lake is salmon bearing. This application is for the straw, filter fabric, and plants installed in the riparian area we generated during construction of this project. 2. Project Objectives (Citing specific paragraphs and subtexts, provide a brief description of how the project meets one RCW 89.08 criteria and one KCD Strategic Plan initiative criteria outlined in the Policy and Procedure Overview): KCD Noncompetitive Grant Program Procedures,Policies, and Criteria * April, 2005 P-2 of 9: This grant request substantially complies with KCD General Policies one tluough five Policy six is for acquisition only. KCD Noncompetitive Grant Program Procedures, Policies, Criteria* April, 2005 P-5 of 9: Section l) c). This project reduces the sediment load of Clark Lake by providing annament to the stream bed,energy absorption through the installation of large boulders, realignment of the stream bed, and the installation of large woody debris. Planting the riparian area greatly enhances the natural status of the creek, and greatly contributes to stream bank stabilization. KCD Noncompetitive Grant Program Procedures, Policies, Criteria* April, 2005 P-7 of 9: 2) d) i): This project helps reduce the impact of local dense housing developinent by providing a manner to treat and utilize water generated fiom local housing developments. The planling of the riparian area of the stream is integral to the water runoff treatment prior-to entering the stream. The outflow from Claik Lake is salmon bearing King Conservation District 2 Member Jurisdiction Noncompetitive Grant Application 3. Project Activities and Measurable Results: This project's purpose is to make this flume like water conveyance structure in to what will look and perforni like a mountain stream. The stream bed was meandered, large woody debris and large rocks were installed in strategic locations, the bottom was armored with mixed diameter washed rock(fish mix) to provide a creek like appearance and hold the local sediments in place The placement of the rocks, Nvood and washed rock was done in such a manner as to help absorb energy from the water as it flows toward the lake in the relatively steep stream. We finished this process with planting the riparian area of the stream with native plants and live stakes to miprove bank stabilization, and enhance the natural `look' for the education component of Clark Lake Park. Boy Scout Eric Simpson and scouts from troop 470 installed these plants, and two benches that overlook the sti earn as a part of his requirements for advancement to the rank of Eagle Scout. His troop invr,sied 98 scout hours completing this portion of this project. We began the educational component of this park in the fall of 2004 with Mrs. Tjaden's second graders from Lake Young's Elementary This tour covered the water cycle, the importance of stream and riparian areas, salmon habitat, and the value and reason for using native plants. We are measuimg our success by the delta formation rate at the lake. We cut a fairly distinct channel in it during construction and are monitoring it to determine how much erosion is (or is not) occurring up stream in the restored stream We successfully applied for a grant to cover another aspect of the construction of this stream in January of 2005. This grant request is for the completion(planting and straw) for this same stream. King Conservation District 3 Member Jurisdiction Noncompetitive Grant Application 4. Budget Expenses Budget Item KCD Other Other Funds Total Funds Funds fspecifi-1 (specify) City Staff and Volunteer In-kind labor Salaries and Benefits Volunteer time 98 $1078M hrs L $11.00 = $1078.00 Travel/Meals/Mileage Office/Field Supplies Contracted/Professional City Staff(Park $5985.56 Services planner/ Landscape architect$993.12 Park Planner/Volunteer Coordinator $889 44 Maintenance Staff $4103 00 Land Acquisition Permits Other (c ppecui ) Plants $16,507.50 $16,50T50 and live stakes TOTAL $16,507.50 $7063.56 $23,571.06 5. Describe how KCD funding will be acknowledged over the duration of the project. KCD's Participation will be noted on park entrance sigris with other fenders at all entrances to the park. Other funden include the State of Washington Interagency Cormnittee for outdoor recreation, the State of Washington DCTED funds, and King County Conservation futures funds, and King Conservation District funds Authorized Signature Date Lori Hogan, Acting D rectory) Kent Parks, Recreation aaizii Community Services Department City of Kent Kent City Council Meeting Date October 3, 2006 Category Consent Calendar 1 SUBJECT: SAFECO GRANT FOR SERVICE CLUB PARK SCOREBOARD — ACCEPT AND AMEND BUDGET 2 SUMMARY STATEMENT: Accept the Safeco Insurance Company Grant of $19,542 to fund the purchase of scoreboards for Service Club Ball Park, approve the expenditure of funds in the Service Club Ball Park budget, and authorize the Mayor to sign all necessary documents. A grant was received from Safeco Insurance Company "PlayBall" national community relations program. Service Club Park was selected as one of fifteen youth baseball and softball fields around the nation to receive four electronic scoreboards. Service Club Park has received grant funds and donations totaling S500,000 from local service clubs, Washington State Interagency Committee for Outdoor Recreation, King County Youth Sports Facility Grant and King Conservation District funding The new community park will be dedicated on Saturday, November 4, 2006 beginning at 11:00 a.m. The public is invited to the ceremony. 3. EXHIBITS: Safeco Insurance Award Letter 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund P20024 Amount $19,542 00 Unbudgeted Revenue: Fund P20024 56710 Amount $19,542 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6E February 17, 2006 Dear Shane Gilbertson: In spring of 2006, Safeco Insurance (Safeco)will work with select Safeco insurance agents to contribute and install electronic scoreboards at 15 youth baseball and softball fields around the country PlayBalf is Safeco's national community relations program that donates electronic scoreboards on behalf of independent agents to support youth baseball in their communities !j I am excited to inform you that after reviewing many outstanding PlayBall applications, the Service Club Ball Fields, has been selected to receive four new electronic scoreboards As installation of the new scoreboard can take six to eight weeks, we would like to begin the process as soon as possible so we can plan a dedication event for your community during the Little League season Please take a look at your calendar and recommend four possible dates for the installation and two possible dates for the dedication event Installation date in May Installation date in June- Installation date in July Installation date, other September 2006 Dedication date-- 151 choice October 7, 2006 Please see the attached information, which details the scoreboard specifications and describes the conditions for acceptance of this contribution to your Parks Department Once you have reviewed the attached, please return the signed conditions of acceptance no later than March 24`", 2006 to confirm the Department's interest in accepting our scoreboard contribution Important If we have not received your signed conditions of acceptance as well as the participating agent's $3000 check by March 24 in, 2006 we will not be able to award a board to your community and your board will be given to another applicant We look forward to continuing our work with you to strengthen our neighborhoods! Sincerely, Danielle Clark Manager, Community Relations Safeco Insurance S Conditions of Acceptance • One of the two advertising panels on the scoreboard must remain unobstructed for our sponsoring agent/advisor advertisement • Youth baseball and softball organization associated with the field will be allowed to sell advertisement on the rotating panel to raise funds for new uniforms, equipment, fee scholarships, instructional services and other expenses the league deems vital to its on-going operations • The following restrictions apply to the advertising on the scoreboard • Advertising may not be sold or provided to any Safeco Insurance competitor For this purpose, any insurance company will be considered a "competitor". • Advertising may not be sold or provided to any advertiser of any tobacco product, hard liquor, firearm, X-rated entertainment or video games carrying an X-equivalent rating for sex/violence, or other product carrying negative moral or antisocial connotations of similar magnitude • Advertising may not be sold or provided to any religious group, political party, or candidate for public office • Safeco Insurance sub-contractors will perform all standard construction and standard installation, at Safeco's expense • The scoreboard must be fully visible from the field • The City of Kent agrees to provide all on-going maintenance for the scoreboard after installation Safeco will update any name or logo changes over the life of the scoreboard. The scoreboard is designed to be low maintenance Maintenance for the scoreboard will primarily consist of light bulb replacement and graffiti removal as needed (the life of the scoreboard light bulbs is estimated at a minimum of 100,000 hours). • Donee shall defend, indemnify, and hold Safeco harmless from any claim arising out of Donee's maintenance of, or failure to maintain, the scoreboard Terms accepted: City of Kent Parks Department Phone 253 856-5050 Email sgilbertson@ci kent.wa.us Field Address 14608 SE 288th St Field Contact Shane Gilbertson Field Phone 253 856 -5115 Field Email sgilbertson@ci.kent.wa.us Is this a new board or a replacement for an existing board? 4+ New ❑ Replacement Signature Print name John Hodgson Date r of 4 Summer Stumpf us From: CLARK, DANIELLE Al JDANICLaSAFECO com] Sent: Monday,April 03, 2006 10 21 AMA r To: Summer Stumpf t Subject: RE: Bets Alderson Summer, This is what 1 enrill pay towards the Kent PIayl3all board fees: tow 1 Safeco board - $6042.00 Installation fee now dedicated to help with cost of 3 other hoards $11,000 00 Management Fee $1500 00 Shipping & Crate $1000.00 Safeco total: $19,542 The remainder of the fees associated with the additional 3 bc,ards will need to be picked up by the field. The costs of these events& boards vanes from $25,000 to $35,000. There is r not a set "fund"of$22,300 to be dedicated to the board for each location. As you know, the installation can be as ;ow as$6000, so I sari being generous by providing them With the amount of $11,000 00 "or the ether three boards they plan to install Danielle r ---Original Message—- From- Summer Stumpf [mailto:summer.stumpf�I(�stscgns.com] r Sent: Monday, April 03, 2006 9-54 AM To: CLARK, DANIELLE M Subject: RE: Bell Anderson r Management Fee $1500 00 r 4/14,2006 * " a , ,. Kent City Council Meeting Date October 3, 2006 Category Consent Calendar t 1. SUBJECT: SURPLUS AND DISPOSAL OF WATER DEPARTMENT MATERIALS — SET HEARING DATE ' 2. SUMMARY STATEMENT: Set a public bearing for the October 17, 2006, Council meeting to consider comments on the declaration of certain public water utility equipment as surplus to the City's needs. 3. EXHIBITS: Public Works memorandum ' 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner. Commission, etc ) 5. FISCAL IMPACT Expenditures 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 i 1 DISCUSSION: ACTION: ' Council Agenda Item No 6F I PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director lzK E N T Phone: 253-856-5500 WwSn1 TON Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 ' Date: September 8, 2006 ' To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: September 18, 2006 From: Brad Lake, Water Superintendent ' Through: Larry Blanchard, Public Works Director Subject: Surplus and Dispose of Materials ' ITEM 2 Motion: ■ Required ❑ Not Required ❑ For Information Only ' Authorize the Water Department to surplus and dispose items listed below. ' Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract ' ❑ Policy ❑ SOPS ❑ Other Governing Policies Procedures Rules & Regulations: ' Enterprise fund assets require Council authorization for surplus/disposal. Background/History: Through daily operations, water maintenance crews accumulate used copper and brass fittings, pipe, and water meters. These components, approximately 1,000 pounds of copper and brass and approximately 400 meters, have a monetary value when recycled As has been done in the past, water department is seeking Council authorization to declare these components as surplus for recycling. ' In addition, the water department is seeking Council authorization to dispose of two chlorinator cabinets which are obsolete and have been replaced. ' Recommendations: Authorize water department to surplus and dispose items noted above. ' P IPWwL4dm.nS.pIPWComm,it e.du,o,,Pog¢dm 1 Kent City Council Meeting Date October 3, 2006 Category Consent Calendar 1. SUBJECT: JOINT FUNDING AGREEMENT WITH U.S. GEOLOGICAL SURVEY FOR THE COOPERATIVE DATA-COLLECTION PROGRAM AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Joint Funding tAgreement between the City and the U S. Geological Survey to provide operation, maintenance, and data collection at the Springbrook Creek, Mill Creek, and Rock Creek Gaging stations during the Federal fiscal year 2007, subject to the City Attorney and Public Works Director's concurrence of the language therein, and to establish a budget for same. ' 3. EXHIBITS: Public Works memorandum and agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure's $41,565 Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue. Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 DISCUSSION- ACTION: Council Agenda ' Item No 6G PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • ' KEone: 253-856-5500 WASHINNT GTON Ph Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: September 13, 2006 To: Chair Debbie Raplee and Public Works Committee Members ' PW Committee Meeting Date: September 18, 2006 From: Michael Mactutis, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director ' Subject: Joint Funding Agreement for the Cooperative Data-Collection Program with the U.S. Geological Survey ITEM 3 Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend Council authorize the Mayor to sign the Joint Funding Agreement between the City of Kent and the U.S_ Geological Survey upon concurrence of the language therein by the City Attorney and Public Works Director, for $41,565 for the U.S. Geological Survey to provide operation, maintenance and data collection at the Springbrook Creek, Mill Creek and Rock Creek Gaging stations during the Federal fiscal year 2007. Will document be required? ❑ Ordinance ❑ Resolution Agreement ❑ Contract ❑ Policy ❑ SOP`s ❑ Other Governing Policies Procedures Rules & Regulations: t Background/History: This is an on-going program with the City of Kent and the U.S. Geological Survey (USGS) for stream data collection. The City of Kent will contribute $41,565 to the annual program costs of $81,240 with the USGS providing the remainder. This contract will provide for operation, maintenance and data collection at five gages. Two are located on Mill Creek, one on Springbrook Creek and two on Rock Creek. These gages provide valuable information on stream and weather conditions, including water surface elevations, flow levels and amounts of precipitation. This information is used to calibrate stream flow models and increase the accuracy of City design of stormwater flood projection models. The gages, ' through their link to internet web sites, allow staff and the public to monitor stream flow levels from remote locations. ' P IPN hcUdm..S plP(VCwnnwwe ((SGSAx 1 The stream flow measured at the gage in Rock Creek at Kent Kangley Road is proposed as part of a ' preliminary draft Habitat Conservation Plan to be used as a criteria to determine the City's augmentation of flows in Rock Creek during certain periods of the year. The gage is currently used to determine voluntary levels of stream flow augmentation. , Summary: , The City of Kent currently partners with the USGS in funding gaging stations at Springbrook, Mill and Rock Creeks. The data collected from those stations is used by the City, USGS, and public to ' monitor stream flow conditions and is proposed to be used as a criteria to determine the City's augmentation of flows in Rock Creek during certain times of the year. The Public Works Department requests authorization for the Mayor to sign the Joint Funding Agreement between the City of Kent ' and the USGS to provide operation, maintenance and data collection at the five gaging stations during the Federal fiscal year 2007. Recommendations: , Recommend Council authorize the Mayor to sign the Joint Funding Agreement between the City of Kent and the U.S. Geological Survey upon concurrence of the language therein by the City Attorney and Public Works Director, for $41,565 for the U.S. Geological Survey to provide operation, maintenance and data collection at the Springbrook Creek, Mill Creek and Rock Creek Gaging stations during the Federal fiscal year 2007. P IPuGLrlAdmznSuPlPffY'rvnnuv¢e1pSGSda 2 Form 9-1366 U.S Department of the Interior Customer#: WA098 (Oct.2005) U.S. Geological Survey Agreement#: 07W4WA09800 ' Joint Funding Agreement Project#: 97229EU TIN #: 916001254 Fixed Cost r Agreement yes No FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 1STday of OCTOBER, 2006, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Kent, party of the second part 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed-price agreement for operation, maintenance, and data collection at the Springbrook, Mill Creek, and Rock Creek stream gaging stations, herein called the program The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In-Kind Services in the amount of$ N/A. by the party of the first part during the period (a) $39,675 OCTOBER 1, 2006 to SEPTEMBER 30, 2007 by the party of the second part during the period ' (b) $41,565 OCTOBER 1, 2006 to SEPTEMBER 30, 2007 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4 The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part 5 The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6 During the course of this program, all field and analytical work of either party pertaining to this program shall I be open to the inspection of the other party, and if the work is not being carried on ina mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party 7 The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the parry of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations ' between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI-1040) Billing documents are to be rendered QUARTERLY. Payments of bills are due within 60 days after the billing date. If , not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof,that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File 13- 212222, August 23, 1983). U.S. Geological Survey City of Kent United States , Department of the Interior USGS Point of Contact Customer Point of Contact t Name: Bob Kimbrough Name* , Address: USGS/WWSC Address: 934 Broadway, Suite 300 Tacoma, WA 98402 Telephone 253-552-1608 Telephone: Email: rakimbro(a)usgs gov Email: , Signatures Signatures By MTti-r�- 171'+- Date 8 1 06 By , IJI Date Name- Cynthia Barton, Ph.D., L.G., L.H.G. Name: Title: Director, USGS Washington Water Title: Science Center By Date By Date Name: Name ' Title. Title. By Date By Date Name: Name: Title: Title. U.S. Geological Survey/City of Kent Cooperative Stream-Monitoring Program October 1, 2006 through September 30, 2007 ' CCU USGS Total USGS Station No 12113346 Spnngbrook Creek at Ordla Streamflow data $6,510 $6,210 $12,720 (a) Precipitation data(not published) $980 $930 $1,910 Real-time satellite telemetry $1,165 $1,115 $2,280 Telephone telemetry 290 280 $570 Subtotal $8,945 $8,535 $17,480 (a) USGS previously removed an acoustic velocity meter that used outdated technology and was no longer operable USGS proposes the purchase(or rental)of a Son-Tek AVM to replace it in order to obtain more accurate discharge data during times of variable backwater. If agreeable,costs could be provided and upgrade handled in a separate agreement USGS Station No.12113347 Mill Creek at Earthworks Park Streamflow data $6,510 $6,210 $12,720 (b) Real-time satellite telemetry $1,165 $1,115 $2,280 Telephone telemetry 290 280 570 Subtotal $7,965 $7,605 $15,570 (b) USGS operates peak-stage crest-stage gages upstream and downstream from street culvert downstream from gage During flood events,the peak stage measurements in the gage well may be affected by backwater from plugged outlet gates on structures USGS Station No.12113349 Mill Creek at Onlla Streamflow data $6,510 $6,210 $12,720 Real-time satellite telemetry 1 165 $1,115 $2.280 Subtotal $7,675 $7,325 $15,000 USGS Station No.12118400 Rock Creek below Divdrsion near Ravensdale Streamflow data $6,510 $6,210 $12,720 Real-time satellite telemetry $1,165 $1,115 $2,280 Precipitation(published) $1,630 $1,560 $3,190 Subtotal $9,305 $8,885 $18,190 USGS Station No.12118500 Rock Creek near Maple Valley Streamflow data $6,510 $6,210 $12,720 Real-time satellite telemetry $1 165 $1,115 2 280 Subtotal $7,675 $7,325 $15,000 1 TOTAL $41,565 $39,675 $81,240 1 1 Kent City Council Meeting Date October 3, 2006 Category Consent Calendar 1. SUBJECT: GIFT OF LAND, QUIT CLAIM DEED — ACCEPT AND AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to execute a Quit Claim Deed on a gift of land by Karen Phillips, Living Trust. 3. EXHIBITS: Public Works memorandum and Quit Claim Deed t4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5 FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no• Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund Amount S 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H PUBLIC WORKS DEPARTMENT 400 Larry R. Blanchard, Public Works Director KENT Phone: 253-856-5500 WASHINGTON Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: September 11, 2006 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date. September 18, 2006 From: Mike Mactutis, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Gift of Land ITEM 4 Motion: Required ❑ Not Required ❑ For Information Only Recommend acceptance of a Gift of Land by Karen Phillips Living Trust, quit claim deed, and authorize the Mayor to sign. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract ❑ Policy ❑ SOP's Other Governing Policies Procedures Rules & Regulations: Background/History: The City has several acquisition and restoration projects proposed for properties adjacent to Mill I Creek Auburn at the confluence of the Green River, near So. 262nd Street and West Valley Highway. This 500 square foot parcel is adjacent to Mill Creek Auburn. The owner would like to donate this parcel to the City. Summary: Mill Creek Auburn is a salmonid stream with oversteepened slopes on both sides of the stream. Securing properties along the stream will provide opportunities for restoration, enhancement and resloping of the riverbanks. ' Recommendations: Recommend acceptance of the Gift of Land by Karen Phillips living trust, and authorize the Mayor to sign the quit claim deed. 1 PIPubfwt4dm.,&,pIPNGommu(mL4&wnPngedoc Casey L Jorgensen Attoi neli,at Lair �yT (206) 023-6655 W111lams Kasltl('1&GibNPl�I1C - clorg ,wkg t orrr A NORTHWEST LAW FIRM _ August 24, 2006 20832.0101 iCERTIFIED MAIURETURN RECEIPT REQUESTED Robyn Bartelt Conservation Specialist City of Kent Public Works 220 Fourth Avenue S. Kent, WA 98032 -5895 Re: Gift of Lana by Karen Phillips Living Trust to the City of Kent Dear Ms. Bartelt: Please find enclosed a Quit Claim Deed, a Real Estate Excise Tax Affidavit(4 copies) and Real Estate Excise Tax Supplemental Statement, executed and acknowledged as appropriate by Karen Phillips, as Trustee Karen Phillips Living Trust dated October 30, 2003, for the donation by the Karen Phillips Living Trust of apiece of property to the City of Kent. Also included for your reference is a Trustee's Affidavit with selected provisions of the Trust attached, including the provisions establishing the Trust and the provisions regarding the Trustees and Trustee's Powers and the signature page. There are no amendments to the Trust. Assuining you agree, the Excise Tax Affidavit and Supplemental Statement will need to be signed by the City and then the Deed recorded Upon recording of the Deed, please contact me with the recording number and deliver a copy of the recorded deed to my office. If you have any questions,please do not hesitate to call me. jBest regards, WILLIAMS, KASTNER&GIBBS PLLC Cats ensen 1 Enclosures cc: Cordell Almond ' 601 Union Street,Suite 4100 I Seattle.WA 98101-2380 I tel 206.628 6600 1 fax 206 628 6611 1 www wkg corn 1899164 1 SEATTLE 1 TACOMA 1 PORTLAND AFTER RECORDING MAIL TO: City of Kent 220 4th Avenue South Kent, WA 98032 Attn: Property Management i - Reference Number of Related Document- N/A Grantor(s): KAREN PHILLIPS,TRUSTEE OF THE KAREN PHILLIPS LIVING TRUST Grantee(s): City of Kent Abbreviated Legal Description LOT 8,BLOCK A,ALVORDS MOUNTAIN VIEW ACRES 1 Additional Legal Description is on Page(s)_of Document Assessor's Tax Parcel No.: 0200000035 1 Project: QUIT CLA1'iVI DEED (Trust) THE GRANTOR, KAREN PHILLIPS TRUSTEE OF THE KAREN PHILLIPS LIVING TRUST DATED OCTOBER 30, 2003 for and in consideration of, MUTUAL BENEFITS conveys and quit claims to the CITY OF KENT for any and all municipal purposes as Grantee, the following described real estate, situated in the County of KING, State of Washington including any after acquired title. L LOT 8, BLOCK A, ALVORDS MOUNTAIN VIEW ACRES UNRECORDED EXCEPT COUNTY ROAD IDated this %'day of C 20 v�" STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this.day of d 3r-d AaapsE 200,before me, the undersigned,a Notary Public to and for the State of Washington, duly commissioned and sworn,personally appeared KAREN PHILLIPS to me known to be the TRUSTEE of the KAREN PHILLIPS LMNG TRUST, the trust that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, and for the uses and purposes therein 1 mentioned, and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation State of Wuhinyon Depam mioritcveaue REAL ESTATE r.XCiSE t Ali t�l� POC a"a"iII1 SG1o" SUPPLEMENTAL STATEMENT ZREVEt\UE l mi4'eA Olympia W'A 9tiO4-7497 (WAC 458-61-154) This form must be submitted with The Real Estate Excise Tax Affidavit (FORM REV 84 0001A) for claims of tax exemption as provided below.Completion of this form is required for the types of real properly transfers listed in numbers 1-5 below.Only the first white page of this form needs original signatures.A notary's signature is only required for Items 3 and 5. AUDIT: The transfer referred to on this document is subject to audit by the Department of Revenue under RCW 82.45.150. PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution fnr a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars(S5,000 00),or by both imprisonment and fine(RCW 9A 20 020(1C)). The persons signing below do hereby swear under penalty of perjury that the following is true(check appropriate statement)- 1. 0 DATE OF SALE:(WAC 458-61-090) 1.(print name) certify that the (type of instrument),dated ,was delivered to me in escrow by (seller's name). NOTE:Attorney,escrow agent,title company agent,or title insurance company agent named here must ' sign below and indicate name of firm.No notary is required.The payment of the tax is considered current if it is not more than 90 days beyond the date shown on the instrument.If it is past 90 days,interest and penalties apply to the date of the Instrument. 2. GIFTS:(WAC 458-61.410)One of the following must be checked.(NOTE: For gifts,both Grantor and Grantee must sign below. No notary is required.) m A. NO DEBT.Grantor gifts property which has no underlying debt.The transfer is without consideration and/or love and affection is the only consideration.See Example I on reverse. B. THERE IS DEBT,BUT GRANTOR CONTINUES TO MAKE PAYMENTS.Grantor gifts property to Grantee and will continue to make all payments on debt of S (please state total debt,not monthly payment)Grantee will not be making any payments on the debt for which the Grantor is liable.The transfer is without consideration and/or love and affection is the only consideration.See Example 3 on reverse C. OTHER GIFT TRANSFERS.Grantor gifts the equity portion of the value of the property to the Grantee.Grantee will male payments toward the debt of t (please state total debt,not monthly payment)for which the Grantor is liable.In addition,Grantee will pay the Grantor The transaction is taxable to the total ofany consideratrtm,including debt.Love and affection is not taxable.See Examples 2.4.and 5 on reverse. 3. WCORPORATOR:(WAC 458-61-375(2G)). I,(print name) am acquiring the subject property on behalf of(print corporation name) ,Such corporation is currently being formed.NOTE:Grantee must sign below.Signature must be notarized. 4. B MS"TAX DEFERRED"EXCHANGE:(WAC 458-61490) I,(print name) certify that I am acting as an Exchange Facilitator in transferring real property to pursuant to IRC Section 1031,and in accordance with WAC 458-61480.NOTE.Exchange Facilitator must sign below.No notary is required. 5_ NOMINEE:(WAC 459-61-550) 1,(print name) am acquiring the subject real property as nominee on behalf of(print name of third party principal) on(date of conveyance) NOTE:Grantee and principal must sign below.Both signatures must be notarized on or prior to the date of the conveyance to nominee This statement must be attached to the Real Estate Tax Affidavit for transfer from nominee to principal- Escrow Afent/AttorneyMtle Company AgentPTitle NOTARY:Required only for incorporator(item 3)or Nominee Insurance Company Agent(Indicate name of firm)' (Item 5). GrantorfN Inee/Exchan jscttitaot'or�Signatures• Subscribed and sworn to me thi3 day of Notary Public Grit ntee/Priacipal/loeorporator Signatures: (Signature) Disrrtbution:Separate the copies of this form and a[tacb to the (Print Name) Real Estate Excise Tax Affidavit as follows- in and for the state of []Attach to County Treasurer's Original resading at , []Attach to Dept.of Revenue's Copy (]Attach to County Assessor's Copy REV fi4CWZI{I I.4-96Y(M101-19-01) s— DEPART\ITM OF REVFdgUF. w.avxaroe scam REAL ESTATE EXCISE TAX AFFIDAVIT This fomh Is}onr receipt PLEASE TYPE OR PRINT CHAPTER S245 RCW—CHAPTER 458-61WAC when stamped byrashicr THUS AFFIDAVIT RILL.NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY CONIPLFTFD (See back page for Instructions) 7KARENPHILUPS bar if partial sale of m Tfmulti leowners list cenn,,e ofowncrsh( nest to name HILUPS LIVING TRUST Name CITY OF KENT ATTN PROPERTY MANAGEMENT acC man Z9T40 SE 35TH PL Madmg Address 220 FOURTH AVE 5 RCER ISLAND WASHINGTON 90040 y GrylShte2ip KENThVW98C32 mg am code) Plane N.Dtidudmg area code) Send all property taxcorrcapandence m ❑Same as Bu)er/Gramce Lirt all real and personal pmpen,lay parcel xcuunt Last,sessed sahie(s) numbers-check bra if personal pmperry Name SAMEASx2ABOVE 0200000035 ('") Madmg AJdt<ss (1 CIty/StatciZip rl Phone No(with arcs Street address of propem S 262ND ST KENT This property is Located in❑unincorporated County OR vidn"❑/int)of KENT ❑Check bay if any of the listed parcels are being segregated from a larger pxcel Legal dscriptron of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) LOT S,BLOCK A,ALVORDS MOUNTAIN VIEW ACRES UNRECORDED,EXCEPT ROADS Enter Abstract Use Categories a List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price If ex<mpt from property tax per chapter 8 L 36 RCW(nonprofit orgamraihon) include Seller's Exempt Reg No YES NO If claiming an exemption,list WAC number and reason for exemption Is this properq designated as forest land per chapter 8433 RCW" ❑ © I // Is des property classified as aurae nu(openspace,Cann and ❑ 0 )6AC No (SechoiuSubsection) u�r� agricultural,crlimber)land per diaper 9434o Reason for exemption /' � �Ir P(o�'+s--�"� Lsdnspr,perty Le ng TmiaivaluauonashLimcalpmipnty ❑ ❑ �r 1 J per dtapter8426 RCIA? C r' roc.; i[ Ctj:✓c.}'+'\ If my answers are yes,complete as mstruded below (1)NOTICEOFCONTINUANCE(FOREST LAND ORCURRWrUM Tvpe of Document OUIT CLAIM DEED NFW OWNER(S) To continue the current designation as forest land car Date of Document dam fixation as current use(open space,form and agriculture,or umber) land,you must sign on(3)below The county assessor must then determine if the lard himsne fed xti onu an quah fro and.vill indicate by signing below Gross Selling Price S If die lard no longer qualities oryou do not wish to continue the designation 'Personal Property(deduct) S or classification,a w ll be removed and die compensating or addmowl toes Exemption Claimed(deduct) S will be due and pm obk Gy dx s<Ikr or traosferoratthe um<ofsale (RCW ODD 8433140cr RCW 84341081 Prmrto stgnmg(3)below,you amymntact Taxable Selling Price S your local county assessor for mom Information Excise Tax State S 000 This land ❑does ❑does not quality for continuance Select Location Local S 000 'Delinquent Interest State S DEPUTYASSESSOR DATE 00000 Local S (2)IYOTICEOFCOPIPLIANCE(FMSEORICPROPMM `Delinquent P<nattN S NEW OWNER(S)To continue special valuation as h,sinne property, 'County Technology Fee S sign(3)below If the new owner(s)do not w ish to.ounnue all additional tax calculated pursuant to chapter 84 26 RCW shall Ire due 'Stale Technology Fee S and payable by the seller or transferor at the lime of sale (3) ONTVER(S)SIGNATURE `Affidav¢Processing Fee S Total Due S 7000 1 A MINIMUM OF Slo 00 IS DUE IN FEE(S)ANDIOR TAX 'SEE INSTRI I, tTONS I CERTIFY DER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of /Signature of Grantor or Grantor' Agent �&C4;rant<e or Grantee s Agent I Name(print) Name(print) Date&city of signing r�3 tiT- ltr'sFri ,Date&cdv of signing Perjury Perjury is a class C Nonv which is punishable by imprisnmment m the state uxrectiowd irvmmuun for a maxunum term of not more dim free years,or by I a foie m an amount fi ed W the c«irt of not m«e Uian five hhnisand dollars(S$I1p0 001 w by bode imps t^.mmenr and Eoe mCW 9 x 20 02t1(t C I) REV84000lac(a)(0&.9r05) THIS SPACE-TREASURER'S USE ONLY COUNTY THE ASURER TlTat¢rr you. REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OK PRINT CHAPTER 8245 RCW-CHAPTER 458-61 WAC when stamped by cashttt TRIS AFFFDAVIT IVILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLFTED (S,e back p,ae for msmrtions) Check box rf teal sale of o�+< If rnula le mhrien list ,.nta eofownershi nntmname Nam, KA,REN PHILLIPS LIVING TRUST Name CITY OF KENT n: ATTN PROPERTYMANAGEMENT O w F 67adug Addr<ss 9740 SE 35TH PL w z Ma hng Address 20 FOURTH AVE S d MERCER ISLAND,WASHINGTON 98040 = t7 QrylStawZrp ci� 6ty5iatefLip KENTl4VA198032 Phone No (Indudmg area rode) Phone No(Including area code) Send all o tax mn LIA all real vad personal property tag parcel aCount values) ❑ pertj ,c❑ondrnce to❑Same as Bm er�Gmnice L uassessed numbers-check loos d personal propert Name SAMEAS,#2ABOVE 02DOW0035 F1 Madmg Address t-1 Crty/Satc•ZIp n Phone No(with area code) r1 Sueet address of property, S 262ND ST KENT This property is located aCl ora.Sur ated County OR hnmm❑1 city of KENT ❑Check box rf any of the laced parcels are being segregated from a larger parcel Legal description of propem(if more space Is needed you may attach a separate sheet to eaca page of the affidas it) LOT 8 BLOCK A,ALVORDS MOUNTAIN VIEW ACRES UNRECORDED EXCEPT ROADS Enter Abstract Use Categories a List all personal property(tangible and intangible)included in selling (Please see list on the beck page of dus form) price If exempt from property tax per chapter 84 36 RCW(nonprofit organostuoa) mclude. Seller s Exempt Reg No YES NO if clalmmg an exemption,list WAC number and reason for exemption Is rMs piopaty dcwgihaeda Eoratlaodper d>apRr 8433 RCR"> ❑ ❑r iS r-4-� � 1 Is this property dassificda cement hsse(open space.Fans girl ❑ Qr WAC No (Section/Subsectiord "TJO -- �� agricultural.or mriber)laid per diaprer 8434o Reason forevemption Is this pmpaty receiving special valuation as historical property ❑ ❑ 7' per chapter 8426 RCW? Ifany answers;are yes,complete as instructed below (1)N"CE OF COMISNUANCE(FOREST LAND ORCURRENr USE) Type of Document OUM CLAIM DEED NEW OWNER(S),To continue the current designaioo as Forest land or Date of Document classification a current use Fam e me and agiculmrc or Imber) Land.you must sign on(31 below The county assessor must then detemime Gross Selling Price $ if the land trahsfened continues to quahfy and will indicate by signing below if the land no longer qualifies or you do not wish to continue the designation 'Personal Property(dedu.0 S orclasshficatoa it will be removed aid the compeusaungoradditonal taws Exemption,Claimed(deduct) $ will be due and pay able by the seller or transferor at the Mhe of sale(RCW 8433 ND or RCW 8434108) Prior in signing(3)Wow,you may contact Taxable Selling Price S 000 "irkical court}assessor for more information Excise Tax State S 000 This land ❑does ❑does not qualify for continuance. Select Location Local S 000 "Delinquent Interest. Slate $ DEPU71 ASSESSOR DATE D 0000 Local S I2)NCMCEOFCONIPLFANCE(MSPORICPROPFRn) 'Delinquent Penalt) S NEW OWNF,R(S) To continue special valuation as historic property, -County Technology Fee S sign(3)below if the rew o.vinegs)do not wish to continue,all aochhDriai tar,calculated pursuant to chapter 84 26 RCW,shall be doe `State Technology Fee S and payable by the Seller or transferor at the time of sale (3) OW NER(S)SIGNATURE "Affidav it Processing Fee S Total Due S 1000 A MINIMUM OF SIn nO 1S DUE IN FEES)ANDIOR TAX `SLL INSTRUCTIONS I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT Signature of �Si gnarure of Grantoror Granm iAgent CiyrN iV Grantee or Grantee's Agent Name(pant) ft+'�J7 �1r'/��S 1� /-/%,/ Name(print) Date 3.cry of signing �'?(u r�"+�l(d fJ 9'y L�y, Date 3 city of signing Perjury-Perjun is a class C felony which is punidiable b Imprisonment ur the State cnrrecuonal mmtuuon fcv i mavmum tarn of nor rune than fire years,orby a fine m an amount fixed by the court of Oat more tiro hie thousand dollars(S5 W1)00)or by both Impnsonment and fine(RC W 9A 20 020(i C]) REV 84 minae(a)1,06/-'9i05) THIS SPACE-MEASURER S USE ONLY COUNTY ASSESSOR Y r DF.PARTNIFM OF RFVF\LT ""r r°""` REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82 45 RCW—CHAPTER 455-61 N4 AC when stamped by cashier THIS AFFIDAVIT)VILL NOT OF,ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for msuuchons) Chat bond root sale of property If multi Ic o+mus list rcemaac ofownushm tier:to name Naive KAREN PHILLIPS LIVING TRUST Flame CITY OF KENT K ATTN PROPERTY MANAGEMENT AZ Y p to z Nladmg Address 9740 SE 35TH PL ai zl Modmg Address 220 FOURTH AVE S c Cn)tS,ocZup MERCER ISLAND,WASHINGTON 98040 �I CttvlSt,,Gp KENTIWAl98032 V Pitwrc No(ndodmg area code) Phone No I.ndudmg area code) Send all property tax cotesponrence m QSame as Bu)ttlCmmee Lutalt riot and personal to perty ta,parcel account Let assresM values) mralxr5-checl.box n perspml propem Nam,=AREAS#2ASOVE 0200000035 _,❑ Mnl rig Address 1-1 Crtv/Statcrzq, n Phone No(with area code) f I © Street address of property S 262NO ST KENT This property is located in❑unincorporated County OR within FL]can,of KENT ❑Clerk box if any of the listed parcels are being segregated from a larger parcel Legal descupiton of property It more space is needed,you may attach a separate sheet to each page or the affidavit) LOT 8,BLOCK A,ALVORDS MOUNTAIN VIEW ACRES UNRECORDED EXCEPT ROADS Enter Abstract Use Categories List all personal property(ta loble and intangible)included on selling (Please see list on the back page of this form) pane If e%empt from property tax per chapter 84 36 RCW("profit organization),include Seller's Exempt Reg No YES NO If claiming an exemption,list WAC number and reason for exemption IS lhispmperty designated as fwostland perchapier 3433RCW'9 ❑ ❑i Ist o property classified as ctioitust(openspaa,font and ❑ ❑ WAC No (Section/Subsection) aegtculoaal orOmbut1aodpadwpler34347 Reason for exemption 1� Is this pr paty recervmg special valuation as historical prtgaty, ❑ Q 6 perchaptur 8426 RCW^ If an) insawas are yes complete as Instructed below (1)NOTICE OFCONFOVUANCE(FOREST LANDORCURRENCf1SE) Type of Document OUIT CLAIM DEED NEW OWNER(S)To continue the current designation as forest and or classification act current use(open space,farm and agriculture,or umber) Date of Document land y ou most sign on(3)below The county assessor must then demmrme if the land[rankled connotes to quah6,and will indicate by signing below Gross Selling Price S IF the land no,longer qualifies or you do not wish to conunim the designation 'Pcrsonat Property(deduct) S orclassnficauon,n vnll heremosed and the compensatmg or addmonaltaxes Exemption Claimed(deduct) S will be due and payable by the seller or transferor at the tote of sale(RCW 94 33 140 or RCW 84 34109)Prior to si�mmg{3)below,you may coorict Taxable Selling Price S 000 your local county assessor for mine information. Excise Tax State S 000 TTusland ❑does ❑doesnot qualtfiforcontinuarim Select Location Local 000 `Delinquent Interest State S DEPUTY ASSESSOR DATE 0 0000 Local S MNOTICE OF CONIPLGANCE([IMR1C PROPERTY) `Delinquent Penal" S NEW OWNLR(S) To continue special valuation as historic property, *County Technology Fee S sign(3)below if the new owner(s)do nor wish to continue all addnionl tas calculated pursuant to chapter34 26 RCW,shall be due 'State Technology Fee S and parable by the seller or transferor at the time of sale (3) OWNER(S)SIGNATURE 'Affidavit Processing Fee S Total Due 5 1000 A MINIMUlot OF$10 00 IS DUE IN FEE(S)AND/OR TAX 'SEE INSTRUCTIONS [CERTIF)L`N DFR PENALTI OF PERSMN THAT THE FOREGOING IS TRUE AND CORRECT. Signature of '�+a!ure of Grantor or Grant rs Agent vM'L/OOE:ranreeor Grantee's Agent Name(poor) l�rl^ J7 i/ f'�� Name(pram) Date S,city of sigmng (� .`�> G W Q"• Date&city of signing Perjury.Perjury is a stria C felony wtuch is punishable by in Lic state conecuonal msmuoon for a maxanum term of not more(ban five oeam,or by 1 a(me inan amount fixed Mr the court of not more dian fire thousand do(bes(SSd)(Ki 00),or by bath imprisonment add fine(RC Wr 9A20 OP-0 0Q) REV 94 O00I.u(a 06fZ9/05) THIS SPACE-TREASURER'S USE ONLY DEPT OF REVENUE DFPAR71111vT OF TUY'L;Nt1F REAL ESTATE EXCTSE TAX AFFIDAVIT Thu Form Is your receipt PLEASETYPEORPRINT CHAPTER 32.45 RCW—CHAPTER 458-61 WAC when.scampedbycashier THIS AFFIDAVIT WILL NO r DE ACCEPTED IINLESS ALL AREAS ON ALL PAGES ARE FULLY COMPI EYED (See back page for instructions) Debut box if coal sale of r0 av 1Frmdn le nwtrers hA wengee ofolmershi next to natrle Name KAREN PHILLIPS LIVING TRUST Name CITY OF KENT u� ATTN PROPERTY MANAGEMENT , Madmg Address 9�40 SE 35TH PL v z Madmg Address 220 FOURTH AYES o C,o'scucilip MERCER ISLAND WASHINGTON 98040 a V Qty/Smt6Zip KENTWA198032 Phone No(mcludiagareacode) Phone No pnclo&ngarea code) SeM all ro wx comes dance m List all real a personal propom tat parcel accalm P PecN t>vv ❑Same a Rn)er/Gmn[ee M mnmbera—cask Ms If person itprnpem 1 at usnuN,.atuds r Name SAMEAS#2ABOVE 0200000035 El 10.1mg Address n Cny/Stue2ip rl ' Phone No(with area code) ❑ Sweet address of prnperry S 262N'3 ST KENT This propemrs located m❑unincorporated County OR wlthin0cilyof KENT ❑Check Mc ifanv of the listed parcels are being segregated from a larger parcel Legal descnpuon o(property(if more space is needed,you arras,attach a separate sheet to each page of the affndavw) LOT 8 BLOCK A,ALVORDS MOUNTAIN VIEW ACRES UNRECORDED EXCEPT ROADS Enter 4bstract Use Categories Lost all personal property[tangible and mmngible)included In selling (Please see list on the back page of this form) price If exempt from properg tax per chapter 84 36 RC W(nonprofit organization),include Seller's F_xempt Reg No ES NO if claiming an exemption,list WAC number and reason for exemption Is this property deslgrulod as forest lad per chapter 8433 RCW1 ❑ p farm and ( aonl ) i1S¢� /_ ectSubsecl cm `T (1 lr7 Is the pmpmty dasti,6ed as cumntuae(open space ❑ ❑ WAC No. S agtatwral.car umber)land per chapter 34-4" Reason for exemption Is this property recnvmgspecml Aaluntton as historical property ❑ perdepter 8426 RCW 1 ffm)ansvo s are yes,complete as nutnrcted below (1)NOTICEOFCONTINUANCE(CORLSTLANDORCURRENT LM Type of Document QUIT CLAIM DEED NEW OWNER(S)To continue the currm[desimauonas forestlandor Date of Document rdassr5cauon as wrrent use(open space,faun and agriculture,or umber) land,vim mist sign on(3)below'Ilse county assessor must then detetmme Gross Selling a Price S if the lard tmnsferted contmues to itualify and will indicate by signing below If the land no longer quahhes or you do not wash to continue the designation •Personal Property(deduct) S crclassro'caoen,it wall beremovedarrd diecompensaung oraddmonalsaes Exemption Clalmed(de,duct) S will be disc and payable by die seller or transferor at the tune of sale 1RC W 0 CIO 8433140 car ROW 8434108)Pnorto slgnnag(3)belm,you may conract Taxable Selling Price your lougl eamtvasscssor5ir more mfatmamn Excise Tar State S 000 Thus land ❑does ❑does not qualify for continuance Select Location Locat S 000 `Delinquent Interest State $ DEPUTY ASSESSOR DATE F UOCO Local S i21 NOTICE OF COAIPLLANCE(HISTORIC PROPERTY) "Delinquent Penalty S NEW OWNERS) To continue special tali orlon m historic proper, 'County Technologv Fee S sign(3)below If the new owners)do not wish to continue,all addnronm tax calculated pursuant to chapter 84 26 RC%V shall he due "State Technology Fee S and pavabte by the seller or 4-ansfzror at the time of sale(3) OWNER(S)SIGNATURE 'Affidavit Processing Fee S Total Due S t0 DO A M1141MUM OF S10 00IS DUE IN FES(S)ANDfOR TAX -SEE INSTRUCTION< 1 CHRTIFY UNDER PE\Al.TV OF PERRRY THAT THR FOREGOING IS TRUE AND CORRECT. Signature of Si atureof Grantor or Grant 's Agent a_., P aS"rantire or Grantee's Agent Noun. ✓F '/. f�/_� NamelpMg m Dale&city of signing Iy j., W'I'A116`4 (iUG>!" Date&cam of signing Perjury Perjury is a class C fel so wmcb is punishable by imprisonment In the scare correctional institution for atnaxitmmt team of to more Stuart five rears,or 1w , a fine inart riche t fix0i b,dbe u,rn of unit mom than fv rho vnrl do{lar(SS 000 007 er by trxh nnpnsmmrnt aM fine CROW 9A 20 0^_0 I C)) REV sa 0001 a o(a)(061"_'vn,S) -I HIS SPr\CE-TREASURER S USC ONLY T\`,PAY ER Trustee's Affidavit Karen Phillips being first duly sworn upon oath, deposes and says: 1. Affiant is the trustee of the hereinafter-named revocable living trust and as such has the authority to execute this Affidavit. 2. This Trustee's Affidavit relates to the Karen Phillips Living Trust, dated October 30, 2003. 3. The name of the currently serving trustee of the above-described trust is: Karen Phillips 4. Pursuant to the terms of the trust agreement, any person may rely upon this Trustee's Affidavit as evidence of the existence of said trust and is relieved of any obligation to verify that any transaction entered into by a trustee or successor trustee thereunder is consistent with the terms and conditions of said trust agreement. I5. The trust agreement has not been revoked. 6. Selected provisions of the trust are attached as follows: Article One Establishing Our Trust Article Three Trustees Article Twelve Trustee's Powers Article Thirteen Signature Page 7. The other provisions of the trust are of a personal nature and set forth the distribution of trust property. They do not modify the powers of the Trustee. KarerfPhillips,Trustee STATE OF WASHINGTON } ss. COUNTY OF KING ) On this day October 30, 2003, I certify that I know or have satisfactory evidence that Karen Phillips is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as Trustee to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument it W ess my h o eal J. 'e i'., �4A4 40 rNo ary P for the of W ington 1',IQ OF,.w'AS� = C. Dennis Brislawn, My commission expires 12/29/2005 T he Karen Phillips Living Trust Article One Establishing My Trust The date of this trust agreement is October 30, 2003. The parties to this agreement are Karen Phillips, also known as Karen Sue Phillips, (the "Trustmaker") and Karen Phillips (the"Trustee"). Section 1.01 Identifying My Trust j My trust may be referred to as "Karen Phillips, Trustee of the Karen Phillips Living Trust dated October 30, 2003, and any amendments thereto." For the purpose of transferring property to my trust, or identifying my trust in any beneficiary or pay-on-death designation, any description referring to my trust shall be effective if it reasonably identifies my trust. Any description that contains the date of my trust, the name of at least one initial or successor Trustee and an indication that my Trustee is holding the trust property in a fiduciary capacity shall be sufficient to reasonably identify my trust. Section 1.02 Reliance by Third Parties on Affidavit or Certification of Trust From time to time,third parties may require documentation to verify the existence of this agreement, or particular provisions of it, such as the name or names of my Trustee or the powers held by my Trustee. To protect the confidentiality of this agreement, my Trustee may use an affidavit or a certification of trust that (1) identifies my Trustee; (2) sets forth the authority of my Trustee to transact business on behalf of the trust; and (3) may include pertinent pages from the trust, such as title or signature pages. A third party may rely upon an affidavit or certification of trust that is signed by my Trustee with respect to the representations contained in the affidavit or certification of trust. A third party relying upon an affidavit or certification of trust shall be exonerated from any liability for actions the third party takes or fails to take in reliance upon the representations contained in the affidavit or certification of trusL A third party dealing with my Trustee shall not be required to inquire into the terms of this agreement or the authority of my Trustee, or to see to the application that my Trustee makes of funds or other property received by my Trustee. Section 1.03 Transferring Property to My Trust Any person or entity may transfer property of any kind, nature and description to my trust in any manner authorized by law. Karen Phillips Living Trust 1-1 (a) Initial Funding of ,'Ay Trust By execution of this agreement, I transfer, convey and assign to my Trustee and my Trustee accepts and agrees to hold, the property described in Schedule A, annexed hereto, together with all my right, title and interest in and to all of my property that may by law be held in trust and that may, by this assignment, be transferred to my trust This assignment shall include, without limitation, all real and personal, tangible and intangible property, located in the United States, whether separate or community. whether acquired before or after the execution of this agreement except for i the following assets that are expressly not transferred to my trust by this assignment: Life insurance policies, unless the ownership of a policy is transferred to my trust by a separate instrument that specifically refers to such policy-, Corporate and self-employed ("Keogh") pension, profit sharing and stock bonus plans; Simplified Employee Plans (SEPs); iIndividual retirement accounts and tax sheltered annuities; Commercial annuities; Any property the transfer of which would violate a �- restriction on transfer agreement (b) Funding with Assets of The Phillips Living Trust I previously executed the Phillips Living Trust, dated January 8, 1998, with my deceased husband James W. Phillips. Article Four, Section I c of that trust grants me the absolute right to remove my own separate property and respective share of community property from that trust at any time. This right is to be exercised in writing. I direct my Trustee to notify the Trustee of the Phillips Living Trust identified above to convey my separate and community property from that trust to this trust, to be administered according to the terms of this trust; a copy of this trust may be used for such purpose and to state my intent to exercise this right. (c) Acceptance by My Trustee By execution of this agreement, my Trustee accepts and agrees to hold the trust property described on Schedule A. All property transferred to my trust after the date of this agreement must be acceptable to my Trustee. My Trustee may refuse to accept any property. My Trustee shall hold, administer and dispose of all trust property accepted by my Trustee for my benefit and the benefit of my beneficiaries in accordance with the terms of this agreement � i Karen Phillips Living Trust 1-2 Section 1.04 Powers Reserved by Me as Trustmaker During my lifetime, I shall retain the powers set forth in this Section in addition to any powers that I reserve in other provisions of this agreement. (a) Action on Behalf of My Trust During any period that I am serving as a Trustee of my trust, I may act for and conduct business on behalf of my trust without the consent of any other Trustee. (b) Amendment, Restatement or Revocation I have the absolute right, at any time and from time to time, to amend, restate, or revoke any term or provision of this agreement in whole or in part. Any amendment, restatement, or revocation must be in a wntten instrument signed by me. (c) Addition or Removal of Trust Property I have the absolute right, at any time and from time to time, to add to the j trust property and to remove any property from my trust. (d) Control of Income and Principal Distributions I have the absolute right to control the distribution of income and principal from my trust. My Trustee shall distribute to me, or to such persons or entities as I may direct, as much of the net income and principal of the i trust property as I deem advisable. My Trustee may distribute trust income and pnncipal to me or for my unrestricted use and benefit, even to the exhaustion of all trust property. Any undistributed income shall be added to the principal of my trust. (e) Approval of Investment Decisions I have the absolute right to approve my Trustee's investment decisions. My approval of investment decisions shall be binding on all other beneficiaries of this agreement. Section 1.05 Grantor Trust Status By reserving the broad rights and powers set forth in Section 1.04 of this Article, I intend to qualify my trust as a "Grantor Trust" under Sections 671 to 677 of the Internal Revenue Code so that, for federal income tax purposes, I will be treated as the owner during my lifetime of all the assets held in my trust as though I held them in my individual capacity. During any period that my trust is a Grantor Trust, the taxpayer identification number of my trust shall be my social security number, in accordance with Treasury Regulation Section 301.6109-1(a)(2). Karen Phillips Living Trust ' 1-3 Section 1.06 Statement of Prior and Current Trustmaker Intent li The Phillips Living Trust, dated January 8, 1998, was created by James W. Phillips and Karen Phillips. That trust set forth a dispositive plan, specifically stated in Articles Nine, Ten and Eleven. Articles Nine and Ten granted the surviving spouse certain testamentary powers of appointment. One such power was a full general power, while the other two testamentary powers were limited in favor of"descendants." This was a scnvener's error that was not discovered until some time following my husband's death. My deceased spouse and I had no descendants at that time, and do not have descendants now Article Eleven named certain chanties to receive our trust assets absent exercise of the powers of appointment or other action by the surviving spouse over her share of oust assets. Our intent in creating the trust, and granting the survivor powers of appointment, was to allow the survivor a limited power to appoint the deceased spouse's share among the named chanties in any amount or percentage following the death of that spouse. Later amendments were attempted to rectify that error. I hereby direct my Trustee to take such actions as it deems reasonable, and to use the assets of said trust, to fulfill my exercise of those powers of appointment or to correct the aforementioned trust and to carry out our correct intent as stated herein. I declare under the penalty of perjury according to the laws of the State of Washington Tthat the foregoing is true and correct to the best of my knowledge and belief. Karen Phillips Section 1.07 Exercise of Power of Appointment Granted by James W. Phillips and Karen Phillips In Article Nine, Section 2d of the Phillips Living Trust dated January 8, 1998, created by James W. Phillips and Karen Phillips, I was granted a testamentary power of appointment I hereby exercise that power of appointment and appoint the property subject to the power to Karen Phillips, Trustee of the Karen Phillips Living Trust, or her successors in trust. The appointed property shall be administered according to the Articles of my trust that follow. Section 1.08 Exercise of Power of Appointment Granted by James W. Phillips and Karen Phillips In Article Nine, Section 3c of the Phillips Living Trust dated January 8, 1998, created by James W. Phillips and Karen Phillips, I was granted a testamentary power of appointment. I hereby exercise that power of appointment and appoint the property subject to the power to Karen Phillips, Trustee of the Karen Phillips Living Trust, or her successors in trust. The appointed property shall be administered according to the Articles of my trust that follow. Karen Phillips Living Trust I-4 Kent City Council Meeting Date October 3, 2006 Category Consent Calendar 1. SUBJECT: RE-APPOINTMENT TO DIVERSITY ADVISORY BOARD — CONFIRM 2. SUMMARY STATEMENT: Confirm the Mayor's re-appointment of Ms Joyce Drake to continue serving as a member of the Kent Diversity Advisory Board Her new appointment will continue until 9/30/09. 3. EXHIBITS: Memorandum from Mayor Cooke 4. RECOMMENDED BY: Mayor Cooke (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION. Council Agenda Item No 6I OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone 253-856-5700 Fax 253-856-6700 Address: 220 Fourth Avenue S KENT Kent,WA 98032-5895 WASHINOTOM MEMORANDUM TO: DR. DEBORAH RANNIGER,CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: SUZETTE COOKE, MAYOR DATE: SEPTEMBER 25, 2006 SUBJECT: RE-APPOINTMENT TO KENT DIVERSITY ADVISORY BOARD I have re-appointed Ms. Joyce Drake to continue serving as a member of the Kent Diversity Advisory Board. Ms Drake's new appointment will continue until 9130/2009. I submit this for your confirmation, jb i REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS H ADMINISTRATION i 1 REPORTS FROM SPECIAL COMMITTEES Parks and Human Services Committee Meeting Minutes July 20, 2006 Council members present: Deborah Ranniger, Debbie Raplee, Bob O'Brien The Kent City Council Parks and Human Services Committee meeting was called to order by Debbie Ranniger at 5:02 p.m. Added Items: 7. Town Square Plaza Foundation Base Contract- Authorize 8. Sister Cities 1. Meeting Minutes of May 25, 2006 - Accept Debbie Raplee moved to accept the meeting minutes of May 25, 2006. Bob O'Brien seconded and the motion passed 3-0. 2. Western States Arts Federation Grant - Accept and Amend Budget Acting Cultural Services Manager Brenda Abney announced that the Western States Arts Federation (WESTAF) has awarded the Kent Arts Commission a $2,500.00 "TourWest" grant to fund the presentation a touring performance plus educational activities in the 2006-2007 Spotlight Series season. Keola Beamer has been contracted to present his Hawaiian Holiday Concert on December 2, 2006. Bob O'Brien moved to recommend accepting the $2,500.00 grant from Western States Arts Federation in support of Keola Beamer's Hawaiian Holiday Concert, and approving the expenditure of funds in the Kent Arts Commission's budget. Debbie Raplee seconded and the motion passed 3-0. 3. Second Quarter Fee-in-Lieu Fees - Accept and Amend Budget Superintendent of Parks and Open Space Lori Flemm reported that between April and June 2006, the City of Kent received a total of $22,950.00 from two developers who voluntarily paid fees, in lieu of dedicating park land to mitigate the development of single family homes in two subdivision. Norris Homes paid $18,000.00 for Tahoma Vista development and Power Custom Homes paid $13,500.00 for Powers Short Plat. Ordinance 2975 requires developers to dedicate park and open space land in proximity to new construction sites or to pay "fee-in-lieu" funds. The fee is based on assessed land values. Debbie Raplee moved to recommend accepting $22,950.00 for fee-in-lieu funds from Norris Homes and Power Custom Homes, and authorizing the expenditure of funds in the Wilson Playfield and Clark Lake Park budgets. Bob O'Brien seconded and the motion passed 3-0. 4. Starbucks Grant for Clark Lake Park Trail Development- Accept and Amend Budget Lori Flemm informed the committee that in April, Park staff applied for the Starbucks Coffee Company neighborhood park grant through the Kent Parks Foundation. Staff and Foundation members met the granting agency at the park site April 281h and explained the scope of work planned for trail development. Staff and the Foundation Executive Director were informed on June 51h that the project was funded in the amount of $15,000.00. Eleven Starbucks employees participated in a community service project at Clark Lake Park on June 22"d and constructed the trail, which started on National Trails Day on June 3rd. The grant will be used to continue construction of the trail. Bob O'Brien moved to recommend accepting the $15,000.00 grant from the Starbucks Coffee Company in support of the Clark Lake Trail Development Project and approving the expenditure of funds in the Clark Lake Park budget. Debbie Raplee seconded and the motion passed 3-0. 5. Flagpole Donation - Informational Bud Warner of the attended the meeting to represent the Kent Woodmen Lodge 35 and to announce that they are donating two flagpoles and flags that will be installed in our athletic parks. The Family and Fraternal Life Insurance Society is a 116 year old non-profit organization founded June 9, 1890 in Omaha, Nebraska. There are over 850,000 members and 3,000 lodges in the United States. Since 1964, the Woodmen Fraternal Organizations have been donating flags and flagpoles. In 2005, the Woodmen donated over 250,000 American flags and 800 flagpoles throughout the United States. They also support soccer and softball in Kent and Covington. Mr. Warner tries to donate 50 flags per year. He will conduct a short presentation before the flag is raised at Service Club Park on October 7. The flagpoles will be installed at Service Club Park and Wilson Playfields. The city currently have flagpoles at Russell Road Park and Kent Memorial Park. 6. Parks Comprehensive Plan - Informational Lori Flemm reported that the Parks Comprehensive Plan is updated every five to six years and was last updated in June of 2000. Lori discussed the public input process involved in updating the Parks Comprehensive Plan, how the comp plan relates to the Capital Facilities Plan (CFP), the schedule for completing the plan, public input from the 2005 Indoor Aquatic/Recreation Center Citizen Survey, and getting feedback. The citizen surveys were mailed to 2,500 households and 412 were returned. Feedback included support of more renovating and development more walking trails, passive parks (like Clark Lake), play equipment in neighborhood parks, more neighborhood parks downtown, more athletic fields, active sport courts, a new aquatic center, more teen/youth areas. In addition they requested connection of connect existing trails - regional and neighborhood. East/ west regional trail Green River to Soos Creek trails. The Aquatic/Recreation Center Citizen Survey is available for viewing in the Parks Planning and Development department. 7. Town Square Plaza Fountain Base Purchase - Authorize Parks staff believe it is in the best interest for the city to negotiate directly with Seattle Solstice LLC for the design, fabrication and delivery of the fountain base for the floating sphere fountain in Town Square Plaza because the entire fountain is being fabricated from one piece of imported granite. It is critical that the sphere is engineered to float freely inside of the base, while the tolerances necessary between both pieces is essential so that the piece as a whole is functioning properly. The only two other companies that have the technology to fabricate the fountain base are located in Germany and Japan, making it difficult to meet our budget and schedule. The attached signed waiver by Mayor Cooke is pursuant to Kent City Code 3.70.080 of the City's procedure ordinance. Bob O'Brien moved to recommend authorizing the Mayor to enter into an agreement with Seattle Solstice LLC to design, fabric and deliver the fountain base for the future Town Square Plaza in the amount of $35,000.00, excluding Washington State Sales Tax and upon review by the City Attorney. 8. Sister Cities Sally Gudgeon, a local business owner and member of the Sister Cities Committee attended the meeting to ask that the gazebo located in Burlington Green Park be named El Gruillo in tribute to our sister city in Mexico. Out of the six sister cities associated with the City of Kent, El Gruillo is the only one that doesn't have an area honoring their affiliation. Lori Hogan responded that Burlington Park is owned by Burlington Northern Railroad. Staff will contact Ms. Gudgeon after getting results from a property history, and rights and regulations of ownership search. The meeting adjourned at 5:45 p.m. Respectfully submitted by, \\)3-) v�J} V l � Teri Petrole, Parks and Human Services Committee Secretary L i PUBLIC WORKS COMMITTEE MINUTES SPECIAL MEETING September 11, 2006 ' COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Member Ron Harmon were present. Bob O'Brien sat in for Tim Clark who was absent. The meeting was called to order at 5:25 p.m. Approval of Minutes Dated August 21, 2006 Committee Member Harmon moved to approve the corrected minutes of August 21, 2006. Which corrected Tim Clarks absence and Debbie Ranniger's attendance. The motion was seconded by O'Brien and passed 3-0. Middle Green River Coalition Mike Mactutis, Environmental Engineering Manager, gave a brief overview of what the Middle Green river Coalition (MGRC) is and the four activities they focus on. Mactutis noted that the MGRC is an organization made up of a larger coalition of people, organizations and agencies working on land ■ preservation in the Middle Green River Watershed. The MGRC's goal is to protect the. Middle River aand its tributaries. Mike also noted that information on this item can be found at www.mgrc org or by calling Lisa Parson's at (360) 802-4618. O'Brien moved to recommend that the Mayor direct staff to prepare and that the Mayor sign a letter of support for the Middle Green River Coalition and its Green River Gorge Mountains to Valley Greenway Project. The motion was seconded by Harmon and passed ' 3-0. Ordinance/Establishing Vehicle Weight Restrictions/Kent Kangley Road Bridge Ccb Rock Creek Larry Blanchard, Public Works Director gave a brief PowerPoint presentation showing the damage in the area of the Rock Creek Bridge. Since the last meeting the bridge had to be closed for emergency repairs, it was closed on August 25 and reopened September 1. We are still waiting for the Structural Engineers to let us know what the weight restrictions on the bridge are. Harmon asked how long before the Ordinance is in effect before the signs can go up regarding the weight limits. Blanchard said 30 days. O'Brien wanted to know, now that the bridge is fixed what about the potholes and cracks in the area of the bridge. Blanchard said that they are listed on the Capital Improvement Plan (CIP) to make the necessary repairs. Harmon moved to Authorize a Vehicle Weight Restriction Ordinance for Kent Kangley Road and Kent 5 Bridge at Rock Creek in a form to be finalized by the City Attorney and the Public Works Director prior to signing the Ordinance by the Mayor. The motion was seconded by O'Brien and passed 3-0. Advisory/Power Disconnect Highway 99 Tim LaPorte, Design Engineering Manager and Mark Howlett, Engineering Supervisor gave an informative PowerPoint Presentation showing the Timeline of Public Information as well as what the Southside of the project looks like after the final conversion of the power lines from overhead to underground He then showed photos of the North End of the project where the remaining businesses have not converted to underground power. He further noted that the City has done 30- 40 of these projects and this is the first time businesses have failed to comply. The RCW states that business owners have 90 days to convert or their power will be disconnected. Information Only/No Motion Required Page 1 of 2 P 1Publc\AdmmSuPportlP WCommntcelMrnuta dx i PUBLIC WORKS COMMITTEE MINUTES SPECIAL MEETING September 11, 2006 Questions from Harmon i Harmon wanted to be brought up to date on the 2715t speeding issue. A seven day study was completed and another one will be conducted now that school has started; temporary speed humps have been ordered and property owner notices will be sent out or Jerry Johnson will be asked i about the location of the temporary speed humps. Committee members would like an update on the garbage at the next meeting on September 18. i Adiourned: The meeting was adjourned at 6:00 p.m. i Next Meeting Scheduled fore Monday, September 18, 2006, 5:00 p.m. Cheryl JVist U,C. k I Administrative Assistant III i 1 1 i 1 i i P\Piblic\AdmtnSuppon\PWCom mace\Minutes doe i Page 2 of 2 ' CONTINUED COMMUNICATIONS ' A. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION