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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/01/2007 a Am Cu City of Kent City Council Meeting A ge n d a 4 Y r May 1 , 2007 Mayor Suzette Cooke Deborah Ranniger, Council President r Councilmembers Y Elizabeth Albertson Bob O'Brien Tim Clark Debbie Raplee Ron Harmon Les Thomas KEN T WASHINGTON City Clerk's Office I KENT CITY COUNCIL AGENDAS KENT May 1, 2007 W^s.. G r O N Council Chambers MAYOR. Suzette Cooke COUNCILMEMBERS: Deborah Ranniger, President Elizabeth Albertson Tim Clark Ron Harmon Bob O'Brien Debbie Raplee Les Thomas COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description S eaker Time 1. Suburban Cities Update Auburn Mayor Pete Lewis 30 minutes 2. Comprehensive Plan Overview Charlene Anderson 30 minutes COUNCIL MEETING AGENDA 7:00 p.m. 1. 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. Post Session Briefing by Senator Karen Keiser and Representative Pat Sullivan D. Proclamation—Letter Carriers Food Drive Day E. Certificate of Achievement for Excellence in Financial Reporting Presentation F. Drinking Driver Task Force Poster Design Contest Award Presentation G. Employee of the Month H. Economic Development Update 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills—Approve (Continued) COUNCIL MEETING AGENDA CONTINUED C. Hutchinson Landing Final Plat(aka Medallion of Kent)—Accept D Kent East Hill Operations Center (KEHOC) Consultant Contract—Authorize E Automatic License Plate Reader—Authorize F. Yamaha Motor Corporation, U.S.A., Sole Source Purchase—Authorize G. Riverview Park Art Proposal Agreement—Authorize H. Kent Aquatic & Recreation Facility Contract Amendment—Approve I. 2007 First Quarter Fee-m-Lieu Funds—Accept and Amend Budget J. Amended Street Tree List—Approve K. Position Statement on Proposed King County Parks Levies, Resolution—Adopt L. Pacific Highway HOV Lanes Landscaping Final Pay Estimate—Accept as Complete 1 l�- ' ESL t� S-e r I V�5 e vl� �� T�1.DYVt� 7. OTHER BUSINESS A. Amiga Center at Kent 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS Il 1. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION 12. ADJOURNMENT 1 i 1 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. -�� o $ o0 � o 17, IR a n > C °o —�° � n v N �� �D O p z O r. 3--:Con G d 3 a ce C4 '^ - 3 °i m of0 0 p _o a v = da .: • 0 (O C < OQ O fD S __ c � N T • A in S C (C O O T O- C O S Y n (7 3mw ?D 3 c c C m —o ° � G3 ° � O a� �d � m — m n rc o z dyN �^ � a osi m rm L r� 7W IJ" 7 V n� V N 3 W� 3 H OOn i A w (D N D c3cr • c < m f 0 Z N O O 0 3 =z ice lac 3�a �cOn ngsd � � g3Qnn (� sD O J S n S C T = d fD 'D N rp fD 7 0 O lD N < n n fD 'Cl p O 00 J N C O O ry T^ N n 33 3 �. ?'6 <` - v, —= Cy N �C w _ =N O C � 6 � = ° nnFyn roTo L ,<Di ° n� v � C nT0n m = N • w '• r A J a n m H - w ' J N S O o '� J s=J O 2 C < 7� mo = m3 C jn- 3 � m orn °: s~ O G S n u o_of j ., O �-" rcD C�, n T_�-"' c =�03 3•v, Q _ n ro J "` T D Q ° o c �� 30 y 30 d '< fD T O J ry c ro o n ny �� SL 3 eb SC-5 < `DO m 3n 2ocaa nn .< = iDn, p � ano xc T�aa � WD� dy _ c _ J J ycLLi -r, � cT, ocoyo � Ndc c° cCs � rDs Hr°°oayE n n • = J i C :� 7 O y CC) n d y S c Y A O-—n J c . lD —F �+ o 'p < n D D dc� �T � vc"co � �0niocNn i ooN<o° co � wo ac3n • Y So W c3 j ° c v = Q; 3 w v, c c rD ro v T J 5 J v J n C S F 0 J C O `< •` d =J y Q= 7 T T J <Ll tD Y J n J r' �"' O -"' FT 3 c� a�� � �r?vs�a < � o � Q�� % m3 � 6n D 4? y�•o O" n D yJ C_LD S p ti 0 0 T C T p p Y L C O..Z)WT 0 CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be property heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF t I B) FROM THE PUBLIC I I r PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS 1 C) POST SESSION BRIEFING BY SENATOR KAREN KEISER AND REPRESENTATIVE PAT SULLIVAN iD) PROCLAMATION -LETTER CARRIERS FOOD DRIVE DAY E) CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING REPRESENTATION F) DRINKING DRIVER TASK FORCE POSTER DESIGN CONTEST AWARD PRESENTATION G) EMPLOYEE OF THE MONTH H) ECONOMIC DEVELOPMENT UPDATE t t CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember C� L� seconds to approve Consent talendar Items A through L. 1 Discussion Action —y - l6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of April 17, 2007. 6B. Approval of Bills. Approval of payment of the bills received through April 15 and paid on April 15 after auditing by the Operations Committee on April 17, 2007. jApproval of checks issued for vouchers- Date Check Numbers Amount 4/15/07 Wire Transfers 2804-2820 $1,677,271.20 4/15/07 Regular 606509-607033 2,196,153.09 Use Tax Payable 3,672.63 $3,877,096.92 Approval of checks issued for payroll for March 16 through March 31 and paid on April 5, 2007: Date Check Numbers Amount 4/5/07 Checks 296700-296988 $ 32,041.87 4/5/07 Advices 211082-211777 1,336,405.16 Total Regular Payroll $115681447 03 Council Agenda Item No 6 A-B r • Kent City Council Meeting Z�v N T April 17, 2007 WASHINGTGN The regular meeting of the Kent City Council was called to order at 7:00 p.m by Mayor Cooke 1 Councilmembers present Albertson, Clark, Hannon, O'Brien, Ranmger, Raplee and Thomas. (CFN-198) CHANGES TO AGENDA A. From Council,Administration, or Staff. (CFN-198) Clark added Other Business Item A 2008-2013 Medic One/EMS Levy. CAO Hodgson added Pending Litigation under Executive ISession Item 11 B. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Albertson mentioned that the Pied Piper Tavern held a fund raising event for the Muscular Dystrophy Association to send kids to summer camp. O'Brien noted the passing of Carly Stowell from Kentlake High School who was a nationally ranked basketball player. B. Community Events. (CFN-198) Ranmger noted that last Saturday was Arbor Day and many volunteers helped plant trees and shrubs at West Fenwick Park and the City received an award "Tree City USA" for many of the City's tree related activities and volunteer programs Mayor Cooke noted the "Fiesta de Mayo" on May 6 at the King County Park n'Ride lot She also mentioned a public meeting for the Aquatic Center being held at the Senior Center on Wednesday, April 24th at 6.00 p.m C. Swearing In of Police Officers. (CFN-122) Chief Strachan introduced two new officers Peter J. Stewart and John T. Ross, who were then sworn in by the Mayor. D. Public Safety Report. (CFN-122) Chief Strachan updated the Council on a few statistics over the past month, including the implementation of tasers, promotions, and adding a pilot bike unit in the east hill business area Fire Chief Schneider explained the Joint emergency exercise to take place in June, involving the Kent School District, Police Department, Fire Department, and the Kent Emergency Management Division Chief Strachan then introduced Scott Perthel the recipient of the Chief's Award of Valor, and the recipient of the Chief s Award for Distinguished Service, Officer John Shipman and K-9 Jango. E. Introduction of Appointee. (CFN-997) Mayor Cooke introduced her appointment to the Kent Bicycle Advisory Board, Dr. Samuel T. Hartt. PUBLIC HEARINGS A Local Improvement District 362, East Valley Highway, SR 167-S. 212th Street, Formation. (CFN-1306) This date has been set for consideration of an ordinance that establishes I Local Improvement District (LID) 362, East Valley Highway, SR 167-S 212th Street The East Valley project has been on the 6-year Transportation Improvement Plan (T LP ) for widening and rehabilitation of the pavement. The Design Engineering Section has been very successful in 1 Kent City Council Minutes April 17, 2007 obtaining grants for the project and has so far received five grants totaling just over 2 million dollars from three funding partners. Properties representing 37 percent of the assessment have signed no protest L.I.D. Covenants and Environmental Mitigation Agreements for road improve- ments. Pursuing the formation of LID 362 will benefit properties being assessed a share of the project cost Brubaker gave an explanation of the LID process, the first phase is a policy decision before Council whether or not to form this LID and a second phase is an assessment roll hearing where property owners will have the opportunity to protest their assessment. He reiterated that tonight Council's decision is whether or not to construct this improvement. Tim LaPorte, City Engineer, introduced the design team on this project, explained the proposed LID and that this project was included in the Council's Six-Year Transportation Improvement Program since 1999 Chad Bieren, Engineering Supervisor, explained the improvements that would be made to the roadway, intersection and drainage system. Mark Howlett, Engineering Design Manager, stated how this LID would be funded by grant monies, City monies and the LID would represent 46% of the project costs Bieren answered Harmon's question about underground utilities which would be done at the time of construction Mayor Cooke opened the public hearing. Carlo Caraccioli spoke in behalf of his mother Teresa "Stella" Caraccioli, who owns property on 84th and spoke against the project. RANNIGER MOVED to close the public hearing. Raplee seconded and the motion carried. RAPLEE MOVED to adopt Ordinance No. 3833 authorizing the formation of Local Improvement District 362, East Valley Highway, SR 167-S 212th Street,providing for widening and improvements Harmon seconded. There were questions from Couneil regarding protests, grant money, and road conditions, which were answered by staff. Harmon called for the question and the motion passed unanimously. CONSENT CALENDAR RANNIGER MOVED to approve Consent Calendar Items A through S. Clark seconded and the motion carried. A Approval of Meeting. (CFN-198) The minutes of the regular Council meeting of April 3, 2007, with a correction to the minutes of March 6, 2007, Consent Calendar Item M, Ordinance No 3831 should be Ordinance No. 3830 were approved. B Approval of Bills. (CFN-104) Payment of the bills received through March 31 and paid on March 31 after auditing by the Operations Committee on April 3, 2007,were approved. 2 Kent City Council Minutes April 17, 2007 Approval of checks issued for vouchers: Date Check Numbers Amount 3/31/07 Wire Transfers 2785-2803 $1,362,936 01 3/31/07 Regular 606089-606508 3,142,497.33 Use Tax Payable 3,73853 $4,509,171 87 C. King County Office of Emergency Management Grant (CFN-122) The King County Office of Emergency Management Homeland Security Sub-grant was accepted and the Mayor was authorized to sign the contract to receive funds. D. Santiam Emergency Equipment, Inc. Agreement. (CFN-122) The Mayor was authorized to sign the Santiam Emergency Equipment, Inc. agreement The Fire Department received a waiver, pursuant to KCC 3 70.080, for the purchase of personal protective equipment for 2007. Santiam is the sole distributor for Securitex personal protective equipment. E Bauer Compressors, Inc. Contract. (CFN-122) The Mayor was authorized to sign the Bauer Compressor, Inc. contract for the purchase of a mobile skid mounted compressor The Mayor authorized a sole source waiver to purchase a skid mounted compressor to be installed in the mobile air unit. F. Parking Stalls on East Side of Fourth Avenue North of Titus Ordinance. (CFN-131) Ordinance No 3834 which amends section 9.38.080 of the Kent City Code to clarify the hours during which the thirty (30) minute parking time restriction applies to the parking stalls located on Ithe east side of Fourth Avenue near the police department was adopted. G. Valley Special Response Team Interlocal Cooperative Agreement. (CFN-122) The Mayor was authorized to sign the Valley Special Response Team Interlocal Cooperative Agreement The operational agreement titled, "Interlocal Cooperative Agreement between Auburn, Des Moines, Federal Way, Kent, Renton, Tukwila and the Port of Seattle, for the Creation of the Valley Special Response Team" has been updated to include Des Moines as a partner agency. H. Prohibiting Vehicle Trespass Ordinance. (CFN-122) Ordinance No. 3835 which amends chapter 9.02 of the Kent City Code adding a new section prohibiting vehicle trespass was adopted This ordinance makes it a crime to enter another person's vehicle without permission to steal property within the vehicle or use another person's car in an objectionable way. I. Prohibiting the Tamperina or Interfering with Propertv of Another Ordinance. (CFN-122) Ordinance No 3836 which amends chapter 9.02 of the Kent City Code adding a new 1 section 9.02.195 prohibiting a person from tampering or interfering with the property of another without permission was adopted These situations include the dumping of garbage, depositing of bodily fluids, or discarding food items onto another's property. This ordinance will afford police officers and prosecutors the tool necessary to address these concerns. 3 Kent City Council Minutes IApril 17, 2007 J. Exotic Animals as Service Animals for Disabled Persons Ordinance. (CFN-175) ' Ordinance No 3837 which amends chapter 8.03 of the Kent City Code to revise the definition of service animal to include exotic animals as allowed under the Americans with Disabilities Act was adopted. This ordinance extends the exemption to apply to those disabled citizens who wish to use an exotic animal specially trained by a recognized program as a service animal. K Taxicab and Vehicles For-Hire Reaulation Ordinance and Interlocal Ailreement with Kine County. (CFN-175) Ordinance No. 3838 which amends chapter 5.03 of the Kent City Code to appoint King County as the licensing and enforcement authority over taxicabs and vehicles for-hire operating within the City of Kent was adopted, and the Mayor was authorized to sign the corresponding interlocal agreement. When the City adopted its taxicab licensing provisions, the stated intent was to adopt King County's taxicab regulations. However, no agreement was entered into between the City and King County for King County's regulation of taxicab and vehicle for-hire companies operating in the City The purpose of this ordinance is to correct that oversight. L. Falkner Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Falkner Short Plat for 5 watermain gate valves, 1 hydrant, 306 linear feet of watermain, 2 sanitary sewer manholes, 260 linear feet of sanitary sewer, 422 linear feet of streets, 2 storm manholes, 5 catch basins, 1 catch basin storm filter, 4,200 cubic feet of detention pond storage, and 715 linear feet of storm sewer lines was accepted The project is located at 22226 — 93"i Ave. S M. Silver Creek Estates Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Silver Creek Estates Short Plat for 1 watermain gate valve, 2 hydrants, 280 linear feet of watermain, 1 sanitary sewer manhole, 174 linear feet of sanitary sewer, 623 linear feet of streets, 8 catch basins, and 689 linear feet of storm sewer lines was accepted The project is located at SE 267" St and 106`h Ave. SE N. Blakely Place Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Blakely Place Short Plat for 3 watermain gate valves, 1 hydrant, 255 linear feet of watermain, 2 sanitary sewer manholes, 240 linear feet of sanitary sewer, 200 linear feet of streets, 2 storm manholes, 2 catch basins, 9,500 cubic feet of detention pond storage, and 84 linear feet of storm sewer lines was accepted The project is located at 981h Ave. S. and S. 235"h Pl. O. Beall Short Plat Bill of Sate. (CFN-484) The Bill of Sale for the Beall Short Plat for 2 watermain gate valves, 1 hydrant, 635 linear feet of watermain, 3 sanitary sewer manholes, 565 linear feet of sanitary sewer, 660 linear feet of streets, 2 storm manholes, 7 catch basins, and 20,100 cubic feet of detention pond storage was accepted. The project is located at 23403 —98`' Ave S. P. Park View Plat Bill of Sale. (CFN-484) The Bill of Sale for the Park View Plat for 21297 linear feet of streets, 6 storm manholes, 19 catch basins, 125 linear feet of biofiltration swale, 166,190 cubic feet of detention pond storage, and 1,775 linear feet of storm sewer was accepted. The project is located northwest of 2881h St SE and 144`h Ave SE intersection. i 4 ' Kent City Council Minutes April 17, 2007 Q Henderson Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Henderson Short Plat for 2 watermain gate valves, 1 hydrant, 339 linear feet of watermain, 1 sanitary sewer man- hole, 220 linear feet of sanitary sewer, 308 linear feet of streets, 1 storm manhole, 3 catch basins, 482 linear feet of storm sewer was accepted. The project is located at 26719— 108`h Ave. SE. R. Vista Landing Rezone Decision Resolution. (CFN-121) Resolution No 1752 affirming Council's vote taken on April 3, 2007, which denied the rezone application for real property located at 10040 SE 267°1 Street in Kent, Washington, seeking a change from the current zoning of Single-Family Residential 4 5 units per acre to Single-Family Residential 6 units per acre was adopted The motion authorizing this resolution passed by a vote of four council members in favor, with Councilmembers Clark and O'Brien opposed, Councilmember Thomas recused himself because of potential actual conflict of interest(Councilmember Thomas owns property near the subject site), and the record on this resolution should reflect the same. S. Bicycle Advisory Board Appointment. (CFN-997) The Mayor's appointment of Samuel T. Hartt to serve as a member of the Kent Bicycle Advisory Board was confirmed Dr. Hartt will fill a vacant position on the Board and his appointment will continue until 12/31/2008. OTHER BUSINESS ADDED ITEM A 2008-2013 Medic One EMS Levy. (CFN-122) Chief Schneider explained how the Medic One/EMS Levy was developed and approved but was informed by King County that it is considering placing this levy on the August primary ballot. He said that the agreed date by the Stake Holder Group of Elected Officials Committee would be November 2007, this new date would put a burden on the City to meet the date of May 29 for the levy to be placed on the August primary. Chief Schneider went to the Operations Committee and recommended that the delegate, Councilmember Clark, vote to maintain the current position and as approved by the Elected Officials Committee in October 2006. He noted that the Operations Committee approved this 1 motion. Chief Schneider answered Councilmember Clark's questions about the election, a levy lid lift and ' a junior taxing district CLARK MOVED to have the City of Kent Delegate, for the King County Medic One EMS Levy, Stake Holder Group of Elected Officials, vote to maintain our current position, as voted upon and approved by the elected officials, in October 2006, pertaining to the Itype, length, and rate of the proposed 2008-2013 Medic One EMS Levy. Ranniger seconded. Clark spoke to the motion regarding EMS services that are critical for the public safety and financing, which requires the cooperation of the various other major cities inside King County. He noted that the Elected Officials Committee came to a unanimous consent agreement in October and now King County changed it to where it is no longer the same agreement Clark also noted that this motion is basically giving direction to future negotiations with the King County about unification within the cities. Clark's motion then carried unanimously. i 5 Kent City Council Minutes April 17, 2007 BIDS A. Town Sauare Plaza. (CFN-1298) The Town Square Plaza bid opening was held Monday, March 26 at 10.00 a.m Five bids were received and opened for this project. The apparent low bid was JV Constructors, Inc. for $3,432,000 plus applicable Washington Sate sales tax (8 9%). The consultant's estimated range was $2.8 to $3.5 million. CAO Hodgson described that the Town Square Plaza was meant to bridge Kent Station with historic downtown. He stated the budget was for$3 million and the bid, although close to the engineers estimate, did not include all the costs associated with the project such as sales tax and 10% contingency He went onto say that when the bids were opened the total cost of the project went up to $4.8 million. Hodgson noted the projects that could be deferred from the Parks Department and Public Works Department. After much discussion about the financing of this project, RANNIGER MOVED to authorize the Mayor to enter into an agreement with JV Constructors, Inc. for$3,432,000 plus applicable Washington State sales tax (8.9%) to complete the Town Square Plaza Project. Raplee seconded. Harmon said that he trusted CAO Hodgson to find the money somehow and noted that he would vote in favor. The motion then carried with O'Brien abstaining. REPORTS Council President. (CFN-198) No report was given. Mayor's Report. (CFN-198) The Mayor noted she testified this past week before the King County Council on the Flood Control Zone going countywide, and there is an amendment that will be going before the King County Council at their next meeting. She also noted that she spoke to leaders within the House and Senate specifically dealing with House Bill 2388, the bill that carves the Kent Events Center through a public facilities district formation. The Mayor also noted that the Kent Events Center will be named Amiga Center at Kent. Operations Committee. (CFN-198) Clark noted that Amiga is located internationally and will be transferring their headquarters to Kent. He also noted that they will be developing a partnership with the school districts to make real life digital education a part of the process and learn skills that apply in the real world. Parks and Human Services Committee. (CFN-198) Ranniger noted the Parks and Human Services Committee will be meeting this Thursday, at 5.00 p.m in Chambers East. Planning and Economic Development Committee. (CFN-198) Harmon noted that the Planning and Economic Development Committee will meet April 23 in Chambers at 5:00 p.m. and will be taking public testimony in reference to reconciliation of single family zoning and land designations. 6 Kent City Council Minutes April 17, 2007 Public Safety Committee. (CFN-198) No report was given. Public Works Committee. (CFN-198) No report was given I Administration. (CFN-961) Hodgson noted to Council that this is the last week of the legislature and that probably in Maya complete legislative update will be presented He also reminded Council of an Executive Session of approximately 20 minutes to discuss three issues, two property Iacquisitions and one pending litigation, with potential action after the regular meeting reconvenes EXECUTIVE SESSION The meeting recessed to Executive Session at 9:10 p.m. and reconvened at 9:35 p.m. ACTION AFTER EXECUTIVE SESSION Brubaker reminded Council that previous authorization was given for City participation in a series of litigation and appeals involving a wetland dispute between the City of Kent and a property owner, Signal Electric. Brubaker stated in an attempt to consolidate the various disputes he has submitted a Quiet Title Declaratory Judgment and Breach of Contract action in Superior Court in King County and would like to ask Council for approval of this action and ratification of all acts consistent with that. jCLARK MOVED to authorize the City Attorney to file a Quiet Title Declaratory Judgment and Breach of Contract action in the Signal Electric matter in order to attempt to consolidate all pending litigation and appeals involving this matter and to ratify all acts consistent therewith. Ranmger seconded and the motion carved. ADJOURNMENT The meeting adjourned at 9:40 p.m. (CFN-198) Mary Simmons Deputy City Clerk 7 Kent City Council Meeting Date May 1, 2007 Category Consent Calendar 1. SUBJECT: HUTCHINSON LANDING FINAL PLAT (AKA MEDALLION OF KENT) — ACCEPT ' 2. SUMMARY STATEMENT: Approve the final plat mylar for Hutchinson Landing and authorize the Mayor to sign the mylar. Bennett Sherman, LLC., proposes to ' subdivide approximately 4.1 acres into 19 single-family residential lots. The property is located at 26615 106`h Avenue SE. 3. EXHIBITS: Map and Memo with conditions 4. RECOMMENDED BY: Community Development & Public Works Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no• Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6C COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director PLANNING SERVICES KENT Charlene Anderson,AICP, Manager WASHI.GTOI. Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: April 23, 2007 1 TO: MAYOR SUZETTE COOKE, COUNCIL PRESIDENT DEBORAH RANNIGER AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER THROUGH: MAYOR SUZETTE COOKE SUBJECT: HUTCHINSON LANDING (AKA MEDALLION OF KENT) FINAL PLAT (#FSU-2004-t2/KIVA #2065515) MOTION: Approve the final plat mylar for Hutchinson Landing and authorize the Mayor to sign the mylar. I SUMMARY: Bennett Sherman, LLC., proposes to subdivide approximately 4.1 acres into 19 single-family residential lots The property is located at 26615 106`h Avenue SE. BUDGET IMPACT: None ' BACKGROUND: On February 2, 2005, the Hearing Examiner issued Findings, Conclusions and a Decision granting approval of a preliminary plat, with 13 conditions. The applicant has complied with the conditions required prior to recording. S:\Permit\Plan\longplats\2006\2065515-FSU-2004-12cc DOC Enclosure Conditions of approval—Hearing Examiner I UPLA� SOM'02-w JO.W N. UNE SWI/4 NEI/4 SWI/4 SEC. 20 try+ IM la.1lO 13XU � t 17 r s srss'2e r trap 1 l SEE 1 t GlAy6MGw 1 i Dow t t ' SItOP 1 1 ME St371 ISS I �__� ----- is 't -KDL Ccam-- �r - I C1 t - SE 26M PLACE �7I � N IWStY4t p.13' >F — 9S r f ' I t • �y� tI g n . ®�wti I --- W OWL r r Ibr"t ta.w l I it r I t � r t e a maiE t ci I 41t43 wti - tarxat 2aas wr"t tsar ` N°�°s�t t an 12 r r I 1 I IT ' lair.t,°a°IEn,rMUM WAV r tSEE DWG _ !i i2 I r Mersr24t t2t+s ��xr aasr tr MK a uE 1r TRACT 8 mw3m c 'aAr — t r .tr CCtIUE I roux ® 14 �_► ' 6 trcau --� ------ _ ..,r . ' r 11OW 't g22as s22e wn t® ' c� ` 2s. NN � r,e"A2 b / � -"I.' �� Ize+�i ' Is s nIV ME] s2 �TMRACT A WAK trc2 arm.rn am ' AM aR OM NI IMAO' -! '4? tax to x an r laa) tga r �y WxY.t to+.oC - 4 I-L t r W. 'm GEM ac s t Ir uE r � t tr Hutchinson Landing Final Plat FSU-2004-12 tam — KIVA#2065515 I S06'ii"27'E itttl36' LOWL Z T o t HUTCHINSON LANDING #SU-2004-12 On February 2, 2005, the City of Kent Hearings Examiner approved the Hutchinson Landing #SU-2004-12 with the following conditions: A. Prior to Recording this Subdivision• 1. The Owner / Subdivider shall pay all Charges in Lieu of Assessments ' and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or prior to recording this plat, whichever comes first. ' 2. The Owner / Subdivider shall provide Public Works with a digital plat map prepared with a CAD program. The digital information can be formatted in either * DWG (AutoCad) or ` DXF (Drawing Exchange File), but must be based upon State Plane coordinates. an assumed coordinate system is not permitted The State Plane Coordinates shall be on the NAD 83/91 datum and relate to at least two City of Kent reference points within one half mile of the subdivision In addition, the project shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional permanent benchmarks shall be established within the protect The elevations of these benchmarks will be reported at the time as-built drawings are submitted along with field notes sufficient to verify their accuracy. 3. The Owner / Subdivider shall submit and receive City approval of ' engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: ' a. A gravity sanitary sewer system to serve all lots. The public sanitary sewer system shall be extended from the existing public sanitary sewer system and shall be sized to serve all off-site properties within the same service area; in addition, the sanitary sewer system shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area, unless otherwise determined by the sanitary sewer purveyor System improvements will also require the design and construction of a regional sewer lift station including a force main which will connect to the King County Metro Interceptor Sewer in the vicinity of 104'h Avenue Southeast and Southeast 264`h Street Said ' Conditions of Approval Hutchinson Landing #SU-2004-12 ' Page 1 of 7 regional sewer lift station shall be sized to service an area prescribed by the City. The septic system serving the existing home(s) within the proposed ' subdivision, if any, shall be abandoned in accordance with King County Health Department Regulations. b. A water system meeting domestic and fire flow requirements for all lots ' The public water system shall be sized and extended across the entire subdivision as needed to serve adjacent properties within the ' same service area, unless otherwise determined by the water purveyor Existing wells, if any, shall be abandoned in accordance with the ' requirements of the Department of Ecology C. A stormwater system. The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards ' and 2002 City of Kent Surface Water Design Manual (KSWDM). Initial guidance for the Engineering Plans is given below (See Chapter 2 of KSWDM for detailed submittal requirements): (1) The Engineering Plans will include at a minimum- Site improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other related improvements The engineering plans shall include a technical information report (TIR) which contains all the technical information and analysis to develop the site improvement plans. (2) An erosion and sedimentation control (ESC) plan shall be included in the engineering plans The ESC shall meet the requirements of the City of Kent Construction Standards, and the 2002 City of Kent Surface Water Design Manual. These plans must reflect the Detailed Grading Plan discussed below, and Planning Services approved Detailed ' Tree Plan (3) The retention/detention and release standard that will be met by the subdivision is Level Two. The water quality menu that will be met by the subdivision is the Resource Stream Protection Menu. , Conditions of Approval Hutchinson Landing #SU-2004-92 Page 2 of 7 , (4) The site improvement plans will also show that all required stormwater management facilities will be outside of ' delineated wetlands and their buffers, as well as outside of creeks and rivers and their buffers The maintenance access road to the detention/ water quality pond shall be located on the opposite side from the Upper Mill Creek Detention Facility to the extent feasible. The outlet control structure shall be located as near as possible to the maintenance access driveway entrance to decrease the length of the maintenance access driveway. (5) A downstream analysis is required for this development, and it will include an analysis for capacity, erosion potential, and water quality. Refer to the requirements of Technical ' Information Reports in Section 3 "Offsite Analysis", of the 2002 City of Kent Surface Water Design Manual for the specific information required for downstream analyses. ' (6) As development occurs within this subdivision, roof ' downspouts for each roofed structure (house, garage, carport, etc ) shall be directed to Roof Downspout Controls per Chapter 5.1 of the 1998 King County Surface Water Design Manual (7) If necessary, the Owner/Subdivider shall provide public ' drainage easements meeting the requirements of the City of Kent Construction Standards for the specified downstream reach where adequate public drainage easements do not ' currently exist. (8) The Owner/Subdivider shall submit Landscape Plans for ' within and surrounding the retention/detention facility to Planning Services and to the Department of Public Works for concurrent review and approval prior to, or in conjunction ' with, the approval of the Engineering Plans These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, and the stormwater ' management landscaping requirements contained within the 1998 King County Surface Water Design Manual. Landscape Plans are required to show adjacent Street Trees so that the City arbonst can assess potential adverse stress upon all types of vegetation. (9) The Owner/Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the private 1 Conditions of Approval Hutchinson Landing #SU-2004-12 ' Page 3 of 7 portions of the drainage system prepared by the Property Management Section of the Department of Public Works. See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant, to the 2002 City of Kent Surface Water Design Manual for information on what is contained within this document. ' d. A Detailed Grading Plan for the entire subdivision meeting the requirements of the Uniform Budding Code, the City of Kent ' Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans. Initial guidance for these plans is given below: ' (1) These plans will include provisions for utilities, roadways, retention / detention ponds, stormwater treatment facilities, and a building footpad for each lot (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits. e. A Temporary Erosion/Sedimentation Control Plan for the entire subdivision meeting the requirements of the City of Kent ' Construction Standards, and the most recent adopted version of the Stormwater Management Manual for the Puget Sound Basin These plans must reflect the Detailed Grading Plan discussed ' above, and the Planning Department approved Detailed Tree Plan. f Interim Street Improvement Plans for 106ih Avenue Southeast , along the entire property frontage thereon These Interim Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements, and # 6- 8, Street Improvement Plans, for a street designated as a Residential Street by the City of Kent Master Plan of Roadways , Initial guidance for the necessary interim street improvements is given below: (1) Combined vertical concrete curbs and gutters, a 5-foot wide ' planter strip, and a 5-foot cement concrete sidewalk along the west side of the street. ' (2) A minimum of 28-feet of asphalt pavement as measured from the vertical face of curb constructed along the east side ' Conditions of Approval Hutchinson Landing #SU-2004-12 Page 4 of 7 ' of the street to the new face of curb on the west side of the street. ' (3) A City-approved street lighting system. (4) Public stormwater conveyance, detention and treatment facilities as applicable. (5) Street Trees installed within the 5-foot wide planting strips constructed between the back of curb and the front of the cement concrete sidewalk These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. g. Street Improvement Plans for the new Private Residential Street connected to 106th Avenue Southeast Street and terminating with a cul-de-sac or approved turnaround at its terminus The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Private Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street at least 20-feet wide. Initial guidance for these street improvements is given below. (1) A minimum of 20-feet of asphalt concrete pavement, measured from edge of pavement to edge of pavement, or �- from face of curb to face of curb (2) A 5-foot wide cement concrete sidewalk or asphalt paved walkway constructed along the south and east sides of the street (3) Unless otherwise approved by the Department of Public Works, the horizontal and vertical alignment for this private street shall conform to the requirements for a Public Residential Street Or in other words, the proposed private street centerline radius of 39-feet should be increased to at least 65-feet, unless additional pavement widening is provided along the horizontal curve. Conditions of Approval Hutchinson Landing #SU-2004-12 Page 5 of 7 (4) An approved cul-de-sac, or turnaround near its terminus, unless these additional street improvements are not required by the City Fire Marshal (5) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable (6) Unless additional asphalt concrete pavement width is provided for parking, all minimum width private streets serving more than two lots shall have pavement markings and traffic signs installed which clearly designate these private streets as Fire Lanes, where no parking will be permitted. (7) The private street, including sidewalk(s) must be centered within a private roadway tract or easement that is at least 1- foot wider than the total width of the private street and sidewalk combination. h. Street Light Plans for 106th Avenue Southeast meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-1, Street Lighting ' Requirements. 4. The Owner/Subdivider shall create a Homeowner's Association for this subdivision to ensure that the property owners within this subdivision are advised of their requirement to pay for the provided street lighting system for 106th Avenue Southeast Those sections of the required document written to govern that association as they relate to any IntoLight Division of Puget Sound Energy street lighting systems, shall be reviewed and approved by the Department of Public Works, prior to the recording these documents. 4. The face of the final plat will clearly identify the private street, and which parcels will be served by that private street The face of the final plat will also specify that the maintenance of the private street is the sole responsibility of the property owners who are served by that private street 5. The Owner/Subdivider shall deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development. Conditions of Approval Hutchinson Landing #SU-2004-12 Page 6 of 7 6. The Owner/Subdivider shall submit and receive approval of a Detailed Tree Plan, meeting the requirements of the Kent Zoning Code, and City of Kent Development Assistance Brochure #3, Detailed Tree Plans, prior to the issuance of any Construction Permits for the subdivision. Grading Plans cannot be approved by the Department of Public Works without an approved Detailed Tree Plan. Detailed Tree Plans are not to be confused with required Street Tree Plans, which have an entirely different purpose. 8. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-1, As-Budd Drawings, for Streets, Street Lighting System, Water; Sewer, Stormwater Drainage Facilities, and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works 9. Break-away mailbox clusters shall be installed at locations and per standards approved by the US Postmaster and Public Works. B. Prior to the issuance of a Building Permit on anv lot in this subdivision, the Owner/ Subdivider shall. 1. Record the Plat. 2. Pay the Environmental Mitigation Fee for that lot. 3. Construct all of the improvements required above. 4. Submit and receive City approval for As-Built Drawings meeting the requirements of the City of Kent S\Permit\Plan\LONGPLATS\FINAL PLATS\2006\2065515-2004-12conditions doc Conditions of Approval Hutchinson Landing #SU-2004-12 Page 7 of 7 Kent City Council Meeting Date May 1, 2007 Category Consent Calendar 1. SUBJECT: KENT EAST HILL OPERATIONS CENTER (KEHOC) CONSULTANT CONTRACT —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign any necessary consultant agreements related to the Kent East Hill Operations Center project that are $100,000 or less, subject to the City's procurement policies and within the approved project budget, and upon concurrence of the language therein by the City Attorney. The City is currently in the early design stage of the Kent East Hill Operations Center and associated infrastructure improvements. The City will utilize an array of consultants and services, and in order to complete the project within the projected timeframe, it is prudent to streamline the contract authorization process. 3. EXHIBITS: Public Works Memorandum 4. RECOMMENDED BY: Public Works (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? _ Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ eUnbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director KENT Ph axe 253-856-6500 WASH INGTON Address 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 12, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date- April 16, 2007 From: Ken Langholz, Design Engineering Supervisor Through: Larry Blanchard, Public Works Director Subject: Kent East Hill Operations Center (KEHOC) ITEM 2 Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend council delegate the authority to the Mayor to sign any necessary consultant agreements related to the Kent East Hill Operations Center project that are $100,000 or less, subject to the City's procurement policies and approved project budget, and upon concurrence of the language therein by the City Attorney. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ■ Contracts - eventually ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: Kent City Code 3.70 and Administrative Policy 1.1 Procurement Policy Background/History: The Kent East Hill Operations Center has been planned for a number of years. Approximately one year ago, the City selected an architect to review the site plan and to make recommendations for the final plan. The steering committee comprised of the Public Works Director, the Parks Director, several managers and staff have selected the preferred plan and are now proceeding with design of the site. The City has traditionally hired consultants in those disciplines that the City does not have in-house. These disciplines may include artist services, geotechnical engineering, hydraulic engineering, environmental engineering, transportation engineering, value engineering, construction management, property review appraisals, property negotiators, structural engineering and others as required to complete the project. City Code Chapter 3.70.050 requires the Council to authorize any consultant contract over $25,000. To keep this type of project on time and therefore at less cost, streamlining the authorization process for particular contracts will assist in more efficient project management. Any consultant contract over $100,000 or any public works or construction contracts will still be brought to the City Council for approval. This delegation of authority is limited to consultant contracts related to this project T that are within the approved project budget and will still require the City to follow all other required procurement procedures such as seeking competitive proposals or direct negotiation from the City's list of qualified consultants. UIPWCommie\ActimPege�20071PWCMtgApn116Aw Summary: The City is currently in the early design stage of the Kent East Hill Operations Center and associated infrastructure improvements. The City will utilize an array of consultants and services, and in order to complete the project within the projected timeframe, it is prudent to streamline the contract authorization process. Recommendation: Recommend council delegate the authority to the Mayor to sign any necessary consultant agreements related to the Kent East Hill Operations Center project that are $100,000 or less, subject to the City's procurement policies and the approved project budget, and upon concurrence of the language therein by the City Attorney and Public Works Director. -z- U TWCommttme Acam?age\20071PWCMtgApn116.doc Kent City Council Meeting Date May 1, 2007 Category Consent Calendar 1. SUBJECT: AUTOMATIC LICENSE PLATE READER—AUTHORIZE 2. SUMMARY STATEIVIENT: Authorize the unbudgeted funds to purchase one mobile unit, for budget amendment, and authorize the Mayor to sign a contract with PIPS Technology upon approval by the Law Department. The Kent Police Department will purchase one mobile unit and utilize the Automatic License Plate Reader (APLR) to address the problem of auto theft, assist with Amber Alerts, warrant arrests, missing persons, Homeland Security Alerts and BOLO's (Be On the Lookout alerts) This is an unbudgeted department expense for 2007 in the amount of$29,500.00 PIPS Technology has been chosen as the preferred vendor for the initial purchase of one unit. 3. EXHIBITS: Kent Police Department APLR Proposal 4. RECOMMENDED BY: Operations Committee 4/17/07 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? N/A Currently in the Budget? Yes No X If no: Unbudgeted Expense- Fund 10002370.63500.3370 Amount $29,500.00 Unbudgeted Revenue. Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E Kent Police Department Automatic License Plate Reader Proposal Background: In the United States an automobile is stolen every 26 seconds and the Seattle- Tacoma region ranks 6th highest in the country for vehicle stolen per capita.' • The Kent Police Department received 1,474 auto theft reports in 2005. and 1879 stolen/recovered stolen vehicles reports in 2006. • Kent ranks 7 t h highest in the state for auto thefts reported per capital. • Nearly 4 out of every 100 households in Kent have been victims of auto theft.' The Kent Police Department has long worked to address the problem of Auto Theft. • Access to WACIC/DOL computer files via MDT and later MDC terminals. • Utilization of a bait car. • Use of Pro-Act Unit to address the problem. With increased growth and potential annexation of additional areas this problem is likely to increase. Strategy: The Kent Police Department will need to find new solutions to this long term problem. The combination of crime analysis, technology, and dedication of resources must become a priority for the department. • Automatic License Plate Reader (ALPR) is a powerful new tool to aid law enforcement in combating auto theft and other vehicle related crimes. • The following agencies who have acquired this technology have seen decreases in the amount of auto thefts in their jurisdiction: Long Beach Police Department Pennsylvania State Police • Los Angeles Police Department • Seattle Police Department The ALPR system reduces crime in the following ways: • Reduces the Criminal's Mobility - Criminals rely upon the use of vehicles to commit their crimes. • Increases Arrest Rate -ALPR will increase the arrest rate, which will automatically result in an increase in convictions and subsequent jail time. • More Arrests Leads to Greater Intelligence Gathering- When we do make arrests of criminals in possession of a stolen vehicle, that arrest is an opportunity for capturing vital criminal intelligence information which often leads to identifying other members of a larger auto theft organization. 1 National Insurance Crime Bureau 2 FBI Uniform Crime Report Statistics 3 US Census Bureau 2003 with projected increase for 2004 of 34,000 household in Kent. 1 ALPR Overview: ALPR systems use infrared digital camera technology to take continuous digital photographs of license plates within its viewing range. The license plate recognition software determines a license plate number. The license plate number is then automatically crossed referenced to computer databases. This process takes less than 2 seconds. If the plate hits on an associated wants, such as a stolen vehicle report, an audible alert is triggered and the image of the vehicle and license plate with the wants information is captured on the police officer's mobile data computer. Primary Benefits: • Reduction of Auto Thefts • Associated Warrant Arrests • Amber Alerts • BOLOs (Be on the lookout alerts) • Homeland Security Alerts • Missing Persons Secondary Benefits: • Officer Safety • Reduced Potential for Vehicle Pursuits • Assistance with Criminal Investigations Leading Vendors: PIPS Technology (partnered with Motorola Corp.) - Knoxville, TN • Used by Long Beach PD, and certain precincts of LAPD • Seattle PD uses their system and will increase their systems form the 1 they currently have to 5 sometime later this year. • They currently offer a 3 camera exterior mount system and fixed systems. • Approximate costs per system is $27K Civica Platescan (partnered with Panasonic) - Newport Beach, CA • Recently awarded the Houston PD contract. • LAPD uses this system in certain precincts. • Awaiting specs and demonstration video. Remington Elsag - Madison, NC • Widely utilized by the Carabineri and Polizia in Italy. • Ohio State Highway Patrol is the only US LE agency using this product. • Awaiting specs and demonstration video. • Approximate cost of per system is $25K In-Person Demonstration with Seattle PD: On March 6, 2007, I was provided an in-person demonstration of the ALPR system SPD currently uses. My ride along demonstration allowed me to determine the following 1. The equipment works as advertised. 2. The implementation of this technology does reduce auto theft. 2 3. Seattle PD believes the money for the technology was a wise investment and they are increasing its deployment 5 fold jChosen Vendor: PIPS Technology (partnered with Motorola) is the preferred manufacturer of ALPR for the City of Kent. They distinguish themselves from their competitors in the following way: • They offer a three camera system that captures both front and side views. • They are the only manufacturer that has a system operating in the Washington State. (weather) • They offer the only system that is compatible with the In-car Digital Video Camera system we are currently testing. Anticipated Cost: The cost for one mobile system is $29,500. This amount will cover the following: • Vehicle hardware and software installation. • Training for project supervisor and IT personnel. • Training for officers who will use the system. • Data Storage on server. • Office software installation. • Technical support. Request for Funding: The department is requesting $29,500 to purchase and install one ALPR system. Deoloyment: The ALPR will be deployed by late summer of 2007. This unit will be assigned to the Traffic Unit to ensure maximum use with adequate control during the initial 6 month evaluation period. The performance of the system will be monitored and its performance will be used to consider future requests for additional ALPR units. This technology will not be the end all to our auto theft problem. However, it could be a vital component of the department's overall strategy to significantly reduce auto theft. The acquisition of this technology will demonstrate the city's commitment towards empowering its police department to aggressively fight crime and maintain a high quality of life for its residents. This request is respectfully submitted for your perusal, ISgt. Rafael Padilla Kent Police Traffic Unit 1 3 Kent City Council Meeting Date May 1, 2007 Category Consent Calendar 1. SUBJECT: YAMAHA MOTOR CORPORATION, U.S.A., SOLE SOURCE PURCHASE —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the four-year agreement with Yamaha Motor Corporation, U.S A. in the amount of$71.032.32 for the lease of 24 golf carts, upon approval by the City Attorney. Riverbend currently has an operating lease with Yamaha Motor Corporation U.S.A. for 50 golf carts. On tournament dates, it is necessary to rent additional carts to accommodate the demand. The current tournament schedule and the increased rental rates make it more cost effective to lease 24 additional carts rather than continuing to rent. Leasing these carts will provide an additional source of revenue. This lease would be a four-year agreement for a total of$71,032 32. Existing budgeted funds will cover the cost of the lease. 3. EXHIBITS: Signed Procurement Waiver and Master Lease Agreement 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure' X Revenue? X Currently in the Budget? Yes X No If no Unbudgeted Expense: Fund N/A Amount $ Unbudgeted Revenue: Fund N/A Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F l PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling Director Phone: 253-856-5100 400 Fax: 253-856-6050 KENT WAS H I H G T O n Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: TO: Mayor Suzette Cooke FROM: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: Waiver of Procurement Requirements—Yamaha Motor Corporation, U.S.A. Lease Agreement REFERENCE: Section 3.70.080 Kent City Code Number 1.1.10 City of Kent Administration Policy FUNDING: Riverbend Operating Budget The Parks Department is asking for a written determination waiving the bidding requirements allowed in the Section 3 70.080 Kent City Code and City of Kent Administration Policy Number 1.1.10 to lease 24 golf cars from Yamaha Motor Corporation U.S.A. The funding sources are Riverbend Operating Budget. The estimated cost of the golf cars is $71,424.00 over the course of a four-year lease agreement, including delivery, but not including applicable taxes. We believe it is in the city's best interest to negotiate a purchase directly with Yamaha Motor Corporation, U.S.A. Riverbend currently has an operating lease with Yamaha Motor Corporation U.S.A. for 50 golf cars. On tournament dates, it is necessary to rent additional cars to accommodate the demand. The current tournament schedule and the increased rental rates make it more cost effective to lease 24 additional cars rather than continuing to rent . Leasing these cars will provide an additional source of revenue. This lease would be a four-year agreement for a total of $71,424.00. Existing budgeted funds will cover the cost of the lease. ay Suz e Cooke Date } r i w " MAHA Commercial Customer Finance t MUNICIPAL MASTER LEASE AGREEMENT Page 1 of 4 MLSE0906 *YAMAHA YAMAHA MOTOR CORPORATION,U S A. MASTER LEASE AGREEMENT dated April 12,2007 between YAMAHA MOTOR CORPORATION,U.S.A, having its principal place of business at 6555 Katella Avenue, Cypress, California 90630 ("Lessor"), and C1 Y OF KENT having Its principal office at 220 4TH AVENUE SOUTH,KENT,WA 98032 (lessee") Lessor and Lessee hereby agree as follows 1 Lease of Equipment Lessor leases to Lessee the equipment described on each attached Equipment Schedule(the"EcutomenC),on the terms and conditions of this Lease,the applicable Equipment Schedule,and each rider attached hereto. 2 Term The term of this lease for the Equipment described on a particular Equipment Schedule shall commence on the date set forth on such Equipment Schedule and shall continue for the number of months Indicated on such Equipment Schedule. 3 Rent Lessee shall pay Lessor rent for the Equipment("Ben )in the amounts and at the times set forth on the applicable Equipment Schedule The amount of the Rent has been determined by amortizing the purchase pnce of the applicable Equipment(using the prices quoted in the Request for Proposal Identified on the applicable Equipment Schedule ("RFP"), together with an interest factor at the rate specified in the applicable Equipment Schedule Whenever any payment hereunder is not made when due,Lessee shall pay interest on such amount from the due date thereof to the date of such payment at the lower of Lessor's then prevailing rate for late payments specified in Lessor's Invoice to Lessee for such payment or the maximum allowable rate of Interest permitted by the law of the state where the Equipment is located 4 Selection Delivery and Acceptance Lessee shall select the Equipment and take delivery thereof directly from Lessor or an authorized dealer of Lessor(the"Dealer") All costs of delivery are the sole responsibility of Lessee Lessor shall not be liable for any loss or damage resulting from the delay or failure to have any Equipment available for delivery Lessee shall inspect the Equipment to determine that the Equipment is as ordered and has been equipped and prepared in accordance with the RFP and any prior Instructions given in writing by Lessee to Lessor or Dealer Lessee shall accept the Equipment if it meets the criteria set forth in the preceding sentence and shall execute and deliver to Lessor or Dealer a Certificate of Acceptance, in form and substance satisfactory to Lessor,with respect to each shipment of ' Equipment For all purposes of this Lease, acceptance is conclusively established by Lessee's execution and deliver of a Certificate of Acceptance provided by Lessor Lessee authorizes Lessor to insert in each Equipment Schedule the serial numbers and other Identifying date of the Equipment 5 Location, and inspection Lessee shall not move the Equipment from the locations specified in the applicable Equipment Schedule without Lessor's prior written consent Lessor and its representatives shall have the right from time to time during business hours to enter upon the premises where the Equipment is located to inspect the Equipment and Lessee's records to confirm Lessee's compliance with this Lease 6 Care, Use, and Maintenance Lessee shall, at its expense, at all times during the term of this Lease, keep the Equipment clean, serviced, and maintained in good operating order, repair, condition, and appearance in accordance with Lessor's manuals and other Instructions received from Lessor Lessee will not use or operate the Equipment,or permit the Equipment to be used or operated,in violation of any law,ordinance or governmental regulations The Equipment will be used and operated only as golf cars Lessee shall safely store the Equipment when not in use and properly secure it at night and such other times when the golf course on which the Equipment is used is closed to play,and Lessee shall be solely responsible for such storage and safekeeping If the Equipment is electrical,Lessee shall provide sufficient and adequate electrical charging outlets and water facilities for the batteries which are a part of the Equipment 7 Insurance Effective upon delivery of the Equipment to Lessee and until the Equipment is returned to Lessor as provided harem, Lessee relieves Lessor of responsibility for all risk of physical damage to or loss or destruction of all the Equipment, howsoever caused During the continuance of this Master Lease,Lessee shall at Its own expense,cause to be tamed and maintained with respect to each item of Equipment designated in each Equipment Schedule public liability insurance in an amount of not less then $1,000,000, and casualty Insurance,in each case in amounts and against risk customanly insured against Lessee in similar equipment and in amounts and against nsk acceptable to Lessor All policies with respect to such insurance shall name Lessor as additional insured and as loss payee,and shall provide for at least thirty (30)days' prior written notice by the underwriter or insurance company to Lessor in the event of cancellation or expiration of any such policies Lessee shall,upon request of Lessor,furnish appropriate evidence of such Insurance to Lessor Lessee shall bear the entire risk of loss, theft, destruction or damage to the Equipment from any cause whatsoever and shall not be relieved of the obligation to pay the total of the monthly payments or any other obligation hereunder because of any such occurrence In the event of damage to any item of Equipment leased hereunder, Lessee, at Its sole expense, shall Immediately place the same in good repair and operating condition In no event shall Lessor be liable for any loss of profit,damage,loss,defect or failure of any Item of Equipment or the time which may be required to recover,repair,service,or replace the item of Equipment 8 Storaoa Lessee shall store the Equipment in such a manner as to prevent theft or damage from weather and vandalism 9 Title Title to the Equipment shall at all times remain with the Lessor Lessee acquires only the interests of Lessee expressly described in this Lease, the applicable Equipment Schedule, and the riders attached hereto Lessee shall not remove, move, or cover over in any manner any senal number on the Equipment Lessee shall keep all Equipment free from any marking or labeling which might be interpreted as a claim of ownership thereof by Lessee or any party other than Lessor or anyone so claiming through Lessor. 10 Warranties The Equipment is warranted only in accordance with the manufacturer's warranty EXCEPT AS EXPRESSLY PROVIDED IN THE MANUFACTURER'S WARRANTY, LESSOR DISCLAIMS ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INTERFERENCE Page 2 of 4 MLSE0906 11 Alterations and Attachments Lessee may,with Lessor's prior wntten consent,make such cosmetic modifications to the Equipment as Lessee may deem desirable in the conduct of its business, provided,however,that such alterations shall not diminish the value or utility of the Equipment,or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and provided,further, that such modification shall be removable without causing damage to the Equipment Upon return of the Equipment to Lessor,Lessee shall, if Lessor so elects,remove such modifications which have been made and shall restore the Equipment to its original condition normal wear and tear and depreciation excepted 12 Taxes Lessee shall cooperate with Lessor in all reasonable respects necessary in order for Lessor to qualify for any exemption or exclusion from personal property tax on the equipment or sales or use tax on the leasing of the Equipment to Lessee hereunder In the event that any such tax becomes payable by Lessor during the term of this Lease,Lessee shall pay to Lessor as additional rent,promptly on receipt of Lessor's Invoice therefor,an amount equal to such tax Lessee shall collect and remit any and all sales,use,and other taxes payable in any state,county,or city in respect of the rental or other use of the I Equipment by Lessee 13 Indemnity. Notice of Claim Lessee shall be liable for,and hereby indemnifies Lessor and holds Lessor harmless from and against, any and all claims, costs, expenses, damages, losses,and liabilities(including,with limitation,attorneys'fees and disbursements)arising in any way from the gross negligence or misconduct of Lessee or Lessee s agents and independent contractors,or their respective employees Lessee shall give Lessor prompt written notice of any claim arising out of the possession,leasing,renting,operation,control,use,storage,or disposition of the Equipment and shall cooperate in all reasonable respects at Lessee's expense in investigating, defending, and resolving such claim 14 Return of Ecuiomenc Upon the termination of an Equipment Schedule for any reason,unless Lessee is thereupon purchasing the Equipment from Lessor, Lessee shall make the Equipment available for inspection and pick up by Lessor or Dealer at Lessee's location at which the Equipment was used hereunder The Equipment shall be returned to Lessor at the termination of this Lease in the same operating order,repair,condition,and appearance as when received by Lessee,less normal depreciation and wear and tear(which shall not include damaged or missing tires or wheels) 15 Defaults The occurrence of any one or more of the following events shall constitute an"Event of Default'under this Lease (a) default by Lessee in the payment of any installment of rent or other charge payable by Lessee under any Equipment Schedule as and when the same becomes due and payable,or (b) default by Lessee in the performance of any other material tern, covenant or condition of this Lease,any for a period of 10 days after notice,or (c) A petition under the Bankruptcy Code or under any other insolvency law providing for the relief of debtors shall be flied by or against Lessee,or (d) The voluntary or involuntary making of any assignment of a substantial portion of its assets by Lessee for the benefit of creditors shall occur, a receiver or trustee for Lessee or for Lessee's assets shall be appointed, any formal or informal proceeding for dissolution,liquidation,settlement of claims against or winding up of the affairs of Lessee shall be commenced, or (e) Lessee shall default under any other lease or agreement between Lessee and Lessor or any of its assignees hereunder,or (f) Lessee shall suffer a material adverse change in its fnanGal condition from the dale hereof, and as a result thereof lessor deems itself or any of the Equipment to be insecure 16. Remedies Upon the occurrence of an Event of Default,Lessor,at Its option,may pursue any one or more of the following remedies,in such order or manner as Lessor determines, each such remedy being cumulative and not exclusive of any other remedy provided herein or under applicable law (a) terminate all or any portion of the Equipment Schedules to this Lease, (b) with or without terminating this Lease, take possession of the Equipment, with or without)udiclal process, Lessee hereby granting Lessor the right and license to enter upon Lessee's premises where the Equipment is located for such purpose, (c) proceed by appropriate court action,either at law or in equity,to enforce performance by Lessee of the applicable covenants and terms of this Lease,or to recover from Lessee any and all damages or expenses,including reasonable attorneys'fees, which Lessor shall have sustained by reason of Lessee's default in any covenant or covenants of this Lease,or on account of Lessor's enforcement of its remedies thereunder,without limiting any other damages to which Lessor may be entitled,Lessor shall be entitled upon an Event of Default to damages in an amount equal to all Rent then due but unpaid,plus the aggregate amount of Rent thereafter coming due for the remaining term of this Lease,plus Lessor's costs and expenses of pursuing its remedies hereunder (including, without limitation, attorneys' fees) minus all amounts received by Lessor after using reasonable efforts to sell or re-lease the Equipment after repossession or from any guaranty by the Dealer or any third-party, and (d) sell the Equipment or enter into a new lease of the Equipment No delay by Lessor in pursuing any remedy shall be treated as a wavier of or limitation on such remedy or any other remedy 17 Assignment Neither Lessee nor Lessor shall transfer, assign,or sublease(except for rentals to players as contemplated hereunder in the ordinary course of business), or create, incur, assume, or permit to exist any security interest, hen, or other encumbrance on, the Equipment,this Lease,or any interest of Lessee therein 18 Lessee's Representations and Warranties Lessee represents and warrants to Lessor that (a) Lessee has the authority under applicable law to enter into and perform this Lease and each Equipment Schedule and rider hereto,(b)Lessee has taken all necessary action to authorize its execution,delivery,and performance of this Lease and each Equipment Schedule and rider hereto, (c)the Lease and each Equipment Schedule and nder hereto have been duly executed and delivered by an authorized signatory of Lessee and constitute Lessee's legal,valid,and binding obligations,enforceable in accordance with their terms (d)adequate funds have been budgeted and appropriated to enable Lessee to make all payments required under each Equipment Schedule to this Lease during the first twelve months of the term hereof,and(e)interest paid on indebtedness of Lessee held by Lessor would be excluded from Lessor's income for U S federal income tax purposes Page 3 of 4 MLSE0906 19 Non-Appropriation of Funds Notwithstanding anything contained in this Lease to the contrary,In the event no funds or Insufficient funds are budgeted and appropriated or are otherwise unavailable by any means whatsoever for Rent due under the Lease with respect to a Equipment Schedule in any fiscal period after the period in which the term of the lease with respect to such Equipment Schedule commences, Lessee will Immediately notify Lessor in writing of such occurrence and the Lessee's obligations under the Lease shall terminate on the last day of the fiscal period for which appropriations have been received or made without penalty or expense to Lessee,except as to(I) the portions of Rent for which funds shall have been budgeted and appropriated or are otherwise available and(it)Lessee's other obligations and liabilities under the Lease relating to the period,or accruing or arising,prior to such termination In the event of such termination,Lessee agrees to peaceably surrender possession of the Equipment to Lessor on the date of such termination in the manner set forth in the Lease and Lessor will have all legal and equitable rights and remedies to take possession of the Equipment Notwithstanding the foregoing, Lessee agrees (I)that it will not cancel the Lease and the Lease shall not terminate under the provisions of this section If any funds are appropriated to It, or by It, for the acquisition, retention or operation of the Equipment or other equipment or services performing functions similar to the functions of the Equipment for the fiscal period in which such termination would have otherwise occurred or for the next succeeding fiscal period, and(it)that it will not during the Lease term give priority in the application of funds to any other functionally similar equipment or to services performing functions similar to the functions of the Equipment This section is not intended to permit Lessee to terminate the Lease in order to purchase,lease, rent or otherwise acquire the use of any other equipment or services performing functions similar to the functions of the Equipment, and if the Lease terminates pursuant to this section,Lessee agrees that prior to the end of the fiscal period immediately following the fiscal period in which such termination occurs,it will not so purchase, lease, rent or otherwise acquire the use of any such other equipment or services 20 Binding Effect,Successors and Assigns This lease and each Equipment Schedule and rider hereto shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and permitted assigns All agreements and representations of Lessee contained in this Lease or in any document delivered pursuant hereto or in connection herewith shall survive the execution and delivery of this Lease and the expiration or other termination of this Lease 21 Noti;es Any notice, request or other communication to either party by the other shall be given in writing and shall be deemed received only upon the earlier of receipt or three days after mailing if mailed postage prepaid by regular mail to Lessor or Lessee,as the case may be, at the address for such party set forth in this agreement or at such changed address as may be subsequently submitted by written notice of either party 22 Governing Law. This Lease and each Equipment Schedule and rider hereto shall be governed by and construed in accordance with the laws of the Slate where Lessee's principal administrative offices are located without giving effect to the conflicts of laws principles of such state 23 Severabtity In the event any one or more of the provisions of this Lease or any Equipment Schedule or rider hereto shall for any reason be prohibited or unenforceable in any jurisdiction,any such provision shall,as to such jurisdiction,be ineffective to the extent of such prohibition or unenforceability without Invalidating the remaining provisions hereof, any such prohibition or unenforceabitity in any jurisdiction shall not Invalidate or render unenforceable such provision in any other jurisdiction 24 Counterparts This Lease and each Equipment Schedule and rider hereto may be executed in any number of counterparts,and by each party in separate counterparts,each of which shall be deemed an original,but all of which counterparts together shall constitute one and the same agreement 25 Article 2A To the fullest extent permitted by applicable law,Lessee waives any and all rights and remedies conferred by Sections 2A- 50B through 2A-522 of Article 2A of the Uniform Commercial Code in effect in the state designated in Section 26 below,except to the extent that such right or remedy is expressly granted to Lessee herein 26 Status of Limitations Any action by Lessee against Lessor or Dealer for any breach or default under this Lease must be commenced within one year after the cause of action accrues 27 Entire Agreement This Lease and all Equipment Schedules and riders hereto constitute the entire agreement between Lessor and Lessee with respect to the subject matter hereof,and there are no agreements,representations,warranties,or understandings with respect to such subject matter except as expressly set forth herein and therein No alternation or modification of this Lease or any Equipment Schedule or rider hereto shall be effective unless it is in writing and signed by Lessor and Lessee. IN WITNESS WHEREOF,Lessor and Lessee have caused this Lease to be executed on the date first above written. CITY OF KENT YAMAHA MOTOR CORPORATION,U.S A.as Lessor as Lessee By- By: Print Name Print Name: Pat Breene Title: Title: Vice President i Page 4 of 4 MLSE0906 iEXHIBIT A EQUIPMENT SCHEDULE# 88217 Dated 04/12/2007 1 This Schedule covers the following property("Equipment") 24 YDRA GOLF CARS 2. Location of Equipment. RIVERBEND GOLF COMPLEX 2019 WEST MEEKER ST. KENT,WA 98032 3 The Lease term for the Equipment described herein shall commence on June 15,2007 and shall consist of 48 months from the first day of the month following said date. 4. Rental payments on the Equipment shall be in the following amounts,payable on the following schedule: 32 MONTHLY PAYMENTS IN THE AMOUNT OF$2,219.76(APPLICABLE TAXES TO BE BILLED). STARTING JUNE 1007 AND ENDING MAY 2011. DUE THE 15TH DAY OF THE MONTH AS FOLLOWS- 3un-07$2,219 76 Mar-08$2,219 76 Mar-09$2,219 76 Mar-10$2,219 76 Mar-11$2,219 76 1 lul-07$2,219 76 Apr-08$2,219 76 Apr-09$2,219 76 Apr-10$2,219 76 Apr-11$2,219 76 Aug-07$2,219 76 May-08$2,219 76 May-09$2,219.76 May-10$2,219 76 May-11$2,219 76 Sep-07 S2,219 76 Jun-08$2,219 76 Jun-09$2,219 76 lun-10$2,219 76 Oct-07$2,219 76 Jul-08$2,219 76 Jul-09$2,219 76 3ul-10$2,219 76 Aug-08$2,219 76 Aug-09$2,219 76 Aug-10$2,219 76 Sep-08$2,219 76 Sep-09$2,219 76 Sep-10$2,219 76 Oct-08$2,219 76 Oct-09$2,219 76 Oct-10$2,219 76 t Please designate which of the following items are included in the monthly lease payment.Check any applicable items & by marking the box. Item got marked will be con sid red not included. Service. D Yes No Storage t] Yes No Property Taxes ❑ Yes No> Insurance ❑ Yes N Other ❑ Yes* No f 1 *If yes,please provide further details 5. Interest Factor,_5.25 % 6 This Equipment Schedule is entered into pusuant to Lessor's accepted bid under RFP NIA 7 Other Tennis. Lessee agrees to reimburse Lessor, who shall pay any assessed property taxes due on the equipment leased pursuant to Section 12 of the Master Lease Agreement LESSEE MAY PURCHASE THE CARS AT END OF LEASE AT FAIR MARKET VALUE. This Equipment Schedule is issued pursuant to the Master Lease dated, April 12,2007 (the "Lease") All of the terms and conditions, representations and warranties of the Lease are hereby incorporated herein and made a part hereof as if they were expressly set forth in this Equipment Schedule and this Equipment Schedule constitutes a separate lease with respect to the Equipment described herein LESSEE: CITY OF KENT LESSOR: YAMAHA MOTOR CORPORATION, U.S.A. BY - - --- -- - - By• -- Signature Name Pat Breene - -- -- -- Name: Type or Print Vice President Title - -- _--_-- Title, -- i YAMAHA MOTOR CORPORATION, U.S.A. COMMERCIAL CUSTOMER FINANCE 6555 Katella Avenue,Cypress, CA 90630 (800)551-2994, Fax(714)761-7363 E-MAIL Don na_Hennessy@yamaha-motor com NAME OF INSURANCE AGENT April 12.2007 ADDRESS. Please Reference our Quote# 88217 PHONE - - — --- -- — — —FAX RE - RIVERBEND GOLF COMPLEX = — (Customer)Account# Gentlemen' The Customer has leased or will be leasing equipment from Yamaha The Customer is required to provide Yamaha with the following insurance coverage: "All Risk" Property Insurance covering the property owned by or in which Yamaha has a security interest,in an amount not less than the full replacement cost of the property,with Yamaha named as LOSS PAYEE. Public Liability Insurance naming Yamaha as an ADDITIONAL INSURED with the proceeds to be payable first on the Behalf of Yamaha to the extent of its liability, if any.The amount of the Public Liability Insurance shall not be less than $1,000,000.00 combined single limit Each policy shall provide that (i) Yamaha will be given not less than thirty(30)days prior written notice of cancellation or non-renewal, (n) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess of the policy and (uQ in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of any term of the policy or the Customer's application therefore A Certificate evidencing such coverage should be mailed to Yamaha at the following address. Yamaha Motor Corporation,U.S.A. Attn Commercial Customer Finance 6555 Katella Ave Cypress, CA 90630 Your Prompt attention will be appreciated Very Truly Yours, Equipment Covered _ 24 YDRA GOLF CARS CITY OF KENT — — -- (Name of Debtor/Lessee) - - — — — — — --- By: — Equipment Location. - — -- (Signature of Authorized Officer) 2019 WEST M_EEKER_ST KENT,WA 98032 Title: CERTIFICATE OF ACCEPTANCE This certificate is executed pursuant to Equipment Schedule No. _ 88217 dated _ _ _ _ARnl 12 2007 to the Master Lease Agreement dated _April 122007 __ between Yamaha Motor Corporation, U S.A (the"Lessor")and CITY OF KENT (the"Lessee") The Lessee hereby certifies that the Equipment set forth below,as also described in the above Equipment Schedule, has been delivered and accepted by the Lessee on the Commencement Date shown below. EQUIPMENT SERIAL QUANTITY TYPE/MODEL NUMBER NEWIUSED LOCATION 24 YDRA GOLF CARS See NEW RIVERBEND GOLF COMPLEX Attachment 2019 WEST MEEKER ST KENT,WA 98032 ADDITIONAL CONDITIONS/SPECIAL TERMS 1 Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of the Equipment CITY OF KENT as Lessee By _ Name. Title _ --YAMAHA Rlyerbend Golf Complex --X'Initialed By: AMORTIZATION SCHEDULE FOR MUNICIPALITY LESSEE: Riverbend Golf Complex EQUIPMENT SCHEDULE # 88217 Yield: 5.250% Due Principal Mon# Date Payment Interest A_dius_tment 1 06/15/07 2.21976 371.60 1 84816 2 07/15/07 2 219 76 36378 1,85598 3 08/15/07 2,219 76 355.93 1 86383 4 09/15/07 2.21976 34805 1 871 71 5 10/15/07 2,21976 34013 1 879.63 6 11/15/07 000 332.18 -332.18 7 12/15/07 000 33359 -333 59 a 01/15/08 0.00 335.00 -335 00 9 02/15/08 000 33642 -336 42 10 03/15/08 2,21976 33784 1.88192 11 04/15/08 2 219 76 32988 1.88988 12 05/15/08 2,21976 32189 1 897 87 13 06/15/08 2 219 76 313.86 1.90590 14 07/15/08 2,21976 30580 1 91396 15 08/15/08 2 219 76 297.71 1 922 05 16 09/15/08 2 219 76 28958 1,93018 17 10/15/08 2,21976 28141 1.93835 18 11/15108 000 27322 -273 22 19 12/15/08 000 27437 -274.37 20 01/15109 000 27553 -275 53 21 02115/09 goo 271570 -276 70 22 03/15109 2 219 76 27787 1 941 89 23 04/15/09 2.21976 26965 1 950.11 24 05/15/09 2 219 76 261 41 1 95835 25 06/15/09 2 219 76 253113 1,966.63 26 07/15/09 2,21976 24481 1,97495 27 08/15/09 2 219 76 23646 1 983 30 28 09/15/09 2 219 76 22807 1.991.69 29 10/15/09 2,219.76 21964 2,00012 30 11115/09 0M 21119 -21119 31 12/15/09 000 21208 -212 08 32 01/15/10 000 21298 -212 98 33 02/15/10 000 21388 -213 88 34 03/15110 2 219 76 21478 2 004 98 35 04/15/10 2.21976 20630 2 013.46 36 05/15/10 2,21976 19779 2.021 97 37 06/15/10 2,21976 18923 2.03053 38 07/15/10 2,21976 18065 2.03911 39 08/15/10 2.21976 17202 2 047 74 40 09/15/10 2219.76 16336 2 056 40 41 10/15/10 2,21976 15467 2 065 09 42 11/15/10 000 14593 -145 93 43 12/15110 000 14655 -146.55 44 01/15/11 000 14717 -147.17 45 02/15/11 0.00 14779 -147.79 46 03/15/11 2 219 76 14842 2,071.34 47 04/15/11 2219.76 139.66 2.080.10 48 05/15/11 2,21976 13086 2,088.90 Totals: 71,032.32 12,020.78 59,011.54 1 PLEASESETDYOURPAYNENISTQ YAMAHA MOTOR CORP.,U.S.A. i 1 Dept CH14022 Palatine, IL 60055-0586 INVOICE NUMBER: MAN 88217 Date Prepared. 04/1 212 0 0 7 CITY OF KENT 220 4TH AVENUE SOUTH KENT,WA 98032 .. , - rw..wyw.rr.rw,i:wi wiw.rwrwiww r.rr.rw r..�..Due Date Quote No Descriptionwwwwrwww Amount Due . „ww wwwwwwww,r�ww..wwwwwwwwr.wr.w 88217 24 YDRA GOLF CARS for Municipal Lease Cars located at:RIVERBEND GOLF COMPLEX 06/15/2007 Payment $Z219.76 Payment Tax $0.00 YOUR ACCOUNT BALANCE IS ., rwcw,www...wsrr-wr.r ww.rrrwww..�,.r,wwvww..rwo.w Please return the bothom portion wM your rerru8ance. Include the lease number on your dieck. FOR BILLING QUESTX*aCALLYAMAHA CmvTw;WCuslINTWFinance AT 1.8MM1299t PLEASE SE DYOU2PAYNENTSTO: YAMAHA MOTOR CORP.,U.S.A. 1 I I Dept.CH14022 Palatine,IL 60055-0586 INVOICE NUMBER MAN88217 Date Prepared: 0411212007 Payment for: CITY OF KENT 220 4TH AVENUE SOUTH KENT,WA 98032 88217 S # Quote Number Amount Paid Date Paid Check Number Kent City Council Meeting Date May 1, 2007 Category Consent Calendar 1. SUBJECT: RIVERVIEW PARK ART PROPOSAL AGREEMENT— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with Judith and Daniel Caldwell for the Riverview Park Art Proposal in the amount of $27,000.00, upon approval by the City Attorney. In February 2007, City Council approved the Five Year City Art Plan, which included the Riverview Park Project. The 12.2 acre park is located at Hawley Road at approximately South 255th Street and the project is for a Green River-themed art design intended for the park walkways. Artists Judith and Daniel Caldwell were chosen by a Jury to complete the art proposal for the approved total of$30,000 00 In early February 2007, $3,000.00 was paid to the Artists upon their completion of design drawings, proposal description, materials and method of construction, detailed budget and a detailed schedule. The remaining $27,000.00 is to be paid in installments as described in the attached Agreement. 3. EXHIBITS: Agreement for art work and initial agreement with artists 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund N/A Amount $ Unbudgeted Revenue: Fund N/A Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G `� KENT Wq$HINGTpN AGREEMENT FOR ART WORK between the City of Kent and Judith & Daniel Caldwell THIS AGREEMENT, entered into this 1$t day of December, by and between the City of Kent, a Washington municipal corporation (the"City"), and Judith & Darnel Caldwell ("the Artist"), located and doing business at 10780 Myers Way S, Seattle,WA 98168 WHEREAS,the City is implementing a public art program pursuant to Ordinance 2552 by allocating certain funds for the establishment of artworks in certain public places and authorizing the making of payments for the design, execution, fabrication, transportation, and installation of works of art and the support of an artist-selection process, and WHEREAS, funds have been allocated for the selection, purchase, and placement of artwork, and WHEREAS,the Artist was selected by the City through the procedures duly adopted by the Kent Arts Commission to design, execute, facilitate, fabricate, deliver and install to the City Big Bubbles Protect(the Work"), and WHEREAS,both parties wish to promote and maintain the integrity and clarity of the Artist's ideas and statements as represented by the Work, NOW,THEREFORE,the City and the Artist,forthe consideration and under the conditions hereinafter set forth, agree as follows. Article 1. Scope of Services. 1.1 General a. The Artist shall perform all services and work,and furnish all supplies,materials,and equipment as necessary for the design,execution,fabrication,transportation,and delivery to the City of the Work described as Big Bubbles Proiectas approved by the Kent Arts Commission and incorporated herein as Exhibit A, attached and incorporated by this reference b The Artist shall determine the artistic expression,scope,design,color,size,material, texture, and location on the site of the Work,subject to review and acceptance by the City as set forth in this Agreement. C. The Artist will estimate the life of the Work and will guarantee durability of workmanship and materials against normal exposure to the elements in Kent, Washington for one (1)year. 1.2 Structural Design Review. a Within thirty(30) days after the City approves the Proposal,the Artist shall prepare and submit to the City detailed working drawings of the Work, together with such other graphic material as AGREEMENT FOR ARTWORK—1 of 10 may reasonably be requested by the City in order to permit the City to carry out structural design review and to j certify the compliance of the Work with any applicable statutes and ordinances. The City shall furnish to the Artist all information, materials,and assistance required by the Artist in connection with said submission by the Artist promptly on the request by the Artist for such information Should the Structural Design Review find that the Artist's work does not conform to safety and material standards, the Artist shall be required to make the necessary changes at her own expense. b. The City may require the Artist to make such revisions to the Proposal as are necessary for the Work to comply with applicable statutes, ordinances, or regulations of any governmental regulatory agency having jurisdiction over the project C. The City may also request revisions for other practical (non-aesthetic) reasons d. Within ten (10)days after the receipt of the Artist's submission pursuant to Section 1.2(a), the City shall notify the Artist of its approval or disapproval of such submission and of all revisions made in the Proposal as a result thereof. Revisions made pursuant to this agreement become a part of the Proposal 1.3 Execution of the Work a. After written approval of the submissions and revisions made pursuant to Section 12, the Artist shall furnish to the City a schedule for completion of fabrication,delivery and installation of the Work, including a schedule for the submission of progress reports, if any. After written approval of the schedule by the City, the Artist shall fabricate, transport, and install the Work in accordance with such schedule. Such schedule may be amended by written agreement between the City and the Artist. b. The City shall have the right to review the Work at reasonable times during the fabrication thereof The Artist shall submit to the City progress reports in accordance with the schedule provided for in Section 1.3(a) C. The Artist shall complete the fabrication, delivery and installation of the Work in substantial conformity with the Proposal, attached as Exhibit A and incorporated by this reference. d The Artist shall first present to the City in writing for further review and approval any significant changes in the scope,design,color,size,material,or texture of the Work not permitted by or not in substantial conformity with the Proposal A significant change is any change in the scope,design,color,size, material,texture,or location on the site of the Work which affects installation, scheduling, site preparation or maintenance for the Work or the concept of the Work as represented in the Proposal. e. In the event the services of the Artist are integrated into, combined, or otherwise coordinated with services by third parties not within the control of the Artist,the Artist shall not be responsible for such third party services If proper execution or results of the Artist's work depends upon the work of the City or a third party,the Artist shall,prior to proceeding with the work,promptly report to the City any apparent discrepancies or defects in such third party's work that renders it unsuitable for proper execution and results The Artist shall not be responsible for any liability because of such discrepancies or defects Any costs incurred as a result of the defective work shall be borne by the party responsible for such discrepancy or defect AGREEMENT FOR ART WORK-2 of 10 f 1.4 Delivery and Installation. a. The Artist shall notify the City in writing when fabrication of the Work is completed and she is ready for its delivery and installation at the site. b. The Artist shall deliver and install the completed Work at the site in compliance with procedures approved by the City pursuant to Section 1 3 in accordance with the approved schedule. 1.5 Post-Installation a The Artist shall be available at such time or times as may be agreed between the City I and the Artist to attend any inauguration or presentation ceremonies relating to the transfer of the Work to the City. The City shall use its best efforts to arrange for publicity for the completed Work as may be determined between the City and the Artist as soon as practicable following installation. b. Upon completion of the Work,the Artist shall provide to the City written instructions for appropriate maintenance and preservation of the Work 1.6 Final Acceptance a. The Artist shall advise the City in writing when all services required prior to those described in Section 1 5(b) have been completed in substantial conformity with the Proposal. b The City shall notify the Artist of its final acceptance of the Work C. Final acceptance shall be effective as of the earlier to occur of (1) the date of the City's notification of final acceptance or(2)the 301h day after the Artist has sent the written notice to the City required under Section 1 6(a), unless the City, upon receipt of such notice and prior to the expiration of the 30- day period, gives the Artist written notice specifying and describing the services which have not been completed 1.7 Risk of Loss The risk of loss or damage to the Work shall be borne by the Artist until final acceptance by the City, and the Artist shall take such measures as are necessary to protect the Work from loss or damage until final acceptance,except that the risk of loss or damage shall be borne by the City prior to final acceptance during such periods of time as the partially or wholly completed Work is in the actual custody, control, or supervision of the City or its agents for the purposes of transporting, storing, installing, or performing any other ancillary services to the Work Provided, that the risk of loss and damage of the Work 1 due to structural or design defect shall be borne by the Artist at all times prior to and after acceptance during the warranty period 1.8 Indemnity by City. Each party shall defend,indemnify,and hold the other harmless for losses attributed to each party's own comparative negligence Upon final acceptance of the Work,the City shall,to the extent of its negligence,indemnify,and hold harmless the Artist against any and all claims or liabilities then existing or arising thereafter in connection with the Work,the site,the project or this Agreement,except claims by the City against the Artist and claims which may occur as a result of the Artist's breach of the warranties provided in Article 4 Artist shall indemnify and hold harmless the City of Kent, its elected officials, officers, Kent Arts Commission,and employees from all claims,litigation,and injuries arising out of actions of the Artist, AGREEMENT FOR ART WORK—3 of 10 Artist's employees and agents to the extent of their negligent acts, errors, and omissions. 1.9 Title Title to the Work shall pass to the City upon final acceptance. 1.10 Ownership of Documents, Models. Upon final acceptance, all studies, drawings, designs, maquettes,and models prepared and submitted under this Agreement shall be returned to the Artist and shall belong to the Artist The City may select and the Artist shall convey to the City one of the original drawings submitted pursuant to Section 1.2 as part of the Proposal,the City representing that such drawing(s)will be used by it solely for exhibition and held by it in permanent safekeeping. At the request of the City,the Artist agrees to loan the City studies,drawings,maquettes for use in exhibits of display for reasonable periods to be mutually agreed upon by the Artist and City,the Artist agrees not to unreasonably withhold Artist consent. Article 2. Compensation, Payment Schedule, and Expenses. 21 Compensation and Payment Schedule. The Artist shall be paid by the City for completed work and/or services related to this Agreement only as provided hereinafter Such payment shall be in full compensation for all work performed and/or services rendered, and for all supervision, labor, supplies, materials,travel expenses,equipment or use thereof,and for all other incidentals necessary to complete the > Work In the event that it is determined that Washington State sales tax applies to services rendered by the Artist,the City agrees to pay such amounts owing to the State Revenue Department through payment to the Artist who shall be responsible for collecting and reporting such tax monies to the State. Total payment, including all expenses and sales tax,of any,shall not exceed the sum fee of twenty-seven thousand dollars ($_27,000 00 ). Payments will be made upon a percentage of completion as set forth below. Payment of$ 8,100 00 Upon initiation of fabrication of work. Payment of$ 8,100 00 Upon fifty (50) percent completion of fabrication of work. Payment of$ 8,100 00 Upon installation, completion &acceptance of artwork Payment of$ 2,700 00 Within thirty (30) days of completion of the work if all other contracted services have been provided, no claims by laborers or matenalmen have been filed, all taxes have been paid, required releases have been received from the State Department of Revenue and Labor and Industries, and the project finally accepted by the City 2.2 Artist's Expenses. The Artist shall be responsible for the payment of all mailing or shipping charges on submissions to the City,the costs of transporting the Work to the site,and the costs of all travel by the Artist and the Artist's agents and employees necessary for the proper performance of the services required under this Agreement. AGREEMENT FOR ART WORK—4 of 10 i Article 3 Time of Performance. 3.1 Duration. The services to be required of the Artistas setforth in Article 1 shall be completed in accordance with the schedule for completion of the Work as proposed by the Artist and approved by the City pursuant to Section 1 2, provided, that such time limits may be extended or otherwise modified by written agreement between the Artist and the City. 3.2 Early Completion of Artist Services The Artist shall bear the transportation and storage costs resulting from the completion of Artist services hereunder prior to the time provided in the schedule for completion. 33 Time Extensions The City shall grant a reasonable extension of time to the Artist in the event there is a delay on the part of the City in performing its obligations under this Agreement or in completing the underlying capital project,or if conditions beyond the Artist's control or acts of God render performance of the Artist's services impossible or unexpectedly burdensome. Failure to fulfill contract obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract;provided that such obligations shall be suspended only for the duration of such conditions Article 4. Warranties i41 Warranties of Title In addition to the warranty set forth in paragraph 1.1(c),the Artist also warrants that- (a) the Work is solely the result of the artistic effort of the Artist, (b) except as otherwise disclosed in writing to the City,the Work is unique and original and does not infringe upon any copyright, (c) that the Work or a duplicate thereof, has not been accepted for sale elsewhere, and (d)the Work is free and clear of any liens from any source whatsoever This warranty shall apply only to that artwork which is entirely that of the Artists(or persons responsible to her), as installed and shall not apply to materials or workmanship of products integrated or combined or to materials purchased, acquired,or installed by any one person or entity other than the Artist. 42 Warranties of Quality and Condition In addition to the warranty set forth in paragraph 1 1(c), Artist represents and warrants, except as otherwise disclosed to the City in writing in connection with submission of the Proposal pursuant to Section 1 1(b)and 1 2(c),that:(a)the execution and fabrication of the Work will be performed in a workmanlike manner, (b) the Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of"inherent vice" or qualities which cause or accelerate deterioration of the Work, and (c)reasonable maintenance of the Work will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City hereunder. The warranties described in this Section 4.2 shall survive for a period of ten(10) months as outlined in Section 1 1(c),after the final acceptance of the Work The City shall give notice to the Artist of any observed breach with reasonable promptness. The Artist shall,at the request of the City,and at no cost to the City,cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which AGREEMENT FOR ART WORK—5 of 10 cure is consistent with professional conservation standards(including,for example,cure by means of repair or refabncation of the Work) THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE ARTWORK, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Article 5. Insurance. Artist shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. Article 6 Reproduction Rights 6.1 Retention of Rights and Issuance of License The Artist retains all rights she maybe entitled 1 to pursuant to the Copyright Act of 1976, 17 U S C. § 101, et sec , and all other rights in and to the Work except ownership and possession, and except as such rights are limited by this Section 6 1 Because the parties intend that the Work in its final dimension shall be unique,the Artist shall not make any additional exact duplicate,three-dimensional reproductions of the Work or permit others to do so except by written permission of the City The Artist grants to the City and its assigns an irrevocable license to reproduce the Work in any manner whatsoever for the purposes of promotion,publicity,education,or exhibition of the artwork or the City Art Collection The Artist will approve any use of the reproduction of the artwork that is not directly related to the City Art program and in any revenue generating or for profit manner and may be entitled to royalties or additional usage fee in such case. 62 Reproductions. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form ©Artists name, date of creation 6.3 Recognition of City The Artist shall use her best efforts to give a credit reading substantially, .an original work owned and commissioned by the City of Kent," in any public showing under the Artist's control of reproductions of the Work 6.4 Copyright The Artist may at her own expense cause to be registered,with the United States Register of Copyrights, a copyright of the Work in the Artist's name. 6.5 Intellectual Property. If for any reason the proposed design is not implemented,all rights to the proposed Artist's artwork shall be recognized as the Artist's intellectual property and protected from infringement in accordance with Federal Law Article 7 Artist's Rights 71 Maintenance The City recognizes that maintenance of the Work on a regular basis is essential to the integrity of the Work. The City shall take reasonable steps to assure that the Work is maintained and protected. The City shall take into account the instructions and recommendations of the Artist AGREEMENT FOR ART WORK—6 of 10 t and shall take reasonable steps to protect and maintain the Work against the ravages of time,vandalism,and the elements. 7.2 Repairs and Restoration. a. The City shall have the right to determine, after consultation with a professional conservator,when and if repairs and restorations to the Work will be made. During the Artist's lifetime, the Artist shall be consulted regarding the aesthetics of all repairs and restorations To the extent practical,the Artist during the Artist's lifetime, shall be given the opportunity to make or personally supervise significant repairs and restorations. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 7.3 Alteration of the Work or of the Site. a The City agrees that it will not alter, modify, or change the Work without the prior written approval of the Artist. b. The City shall notify the Artist of any proposed alteration of the site that would affect the intended character and appearance of the Work and shall consult with the Artist in the planning and execution of any such alteration and shall make a reasonable effort to maintain the integrity of the Work C. If,after conducting a thorough review according to the policies of the City Art Plan, it is determined that the integrity of the artwork as described in Exhibit A can not be maintained or the repair or maintenance of the artwork is prohibitively expensive,the City may (1)remove the Work from public display or(2)sell or destroy the Work. If the City at any time decides to sell or destroy the Work, it shall, by written notice to the Artist's last known address to the City, offer the Artist a reasonable opportunity to purchase or recover the Work pursuant to Washington State law for the disposition of property and applicable local ordinances, policies, or rules relating to the disposition of City personal property. 74 Permanent Record The City agrees to maintain on permanent file a record of this Agreement and of the location and disposition of the Work 7.5 Artist's Address. The Artist shall notify the City of changes in address. The failure to do so,if such failure prevents the City from locating the Artist, shall be deemed a waiver by the Artist of the right subsequently to enforce those provisions of this Article 7. Notwithstanding this provision,the City shall make every reasonable effort to locate the Artist when matters anse relating to the Artist's rights. 7.6 Surviving Covenants The covenants and obligations set forth in this Article 7 shall be binding upon the parties,their heirs,legatees,executors,administrators,assigns,transferees,and all their successors in interest, and the City's covenants do attach and run with the Work and shall be binding to and until twenty (20)years after the death of the Artist However,the obligations imposed upon the City by Sections 7.2 and 7 3 shall terminate on the death of the Artist The City agrees that any subsequent purchaser of the Work will ibe given Notice of the covenants herein in writing so to be bound thereby. In the event of the Artist's death,the City shall pay any outstanding amounts to the Artist at the time of AGREEMENT FOR ART WORK-7 of 10 death to the Artist's estate Article 8. Artist as Independent Contractor. The Artist shall perform all Work under this Agreement as an independent contractor and not as an agent or an employee of the City. The Artist shall not be supervised by any employee of the City nor shall the Artist exercise supervision over any employee or official of the City Article 9. Assignment, Transfer, Subcontracting. 9.1 Written Consent Neither the City nor the Artist shall assign or transfer an interest in this Agreement without the prior written consent of the other, provided, however,that claims for money due or to become due from the City under this Agreement may be assigned to a financial institution without approval 92 Subcontracting. The Artist may subcontract portions of the Work at the Artist's expense provided that said subcontracting shall not affect the design,appearance, or visual quality of the Work, and that such Work is carried out under the personal supervision of the Artist and first approved by the City of Kent Article 10. Termination. If either party to this Agreement shall willfully or negligently fad to fulfill in a timely and proper manner, or otherwise violate any of the covenants,agreements,or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination The defaulting party shall have thirty (30) days after receipt of the notice to cure the default to the satisfaction of the other party If it is not cured, then this Agreement shall terminate In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall, at the City's option, become its property, provided, that no right to fabricate or execute the Work shall pass to the City, and the City shall reasonably compensate the Artist pursuant to Article 2 for all services performed by the Artist prior to termination Notwithstanding the above,the Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Artist,and the City may reasonably withhold payments to the Artist until such time as the exact amount of damages due the City from the Artist is determined In the event of default by the City,the City shall promptly compensate the Artist for any unpaid amount for the services performed by the Artist for all materials purchased by the Artist in performance of the obligations made under this agreement prior to termination. Article 11. Contract Administrator The Contract Administrator for this Agreement shall be the Parks Director or his designee Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City,the Parks Director or his designee shall represent and act for the City. 11 1 Recyclable Materials Pursuant to Chapter 3.80 of the Kent City Code,the City requires its contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product AGREEMENT FOR ARTWORK—8 of 10 11.2 Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 11 3 Resolution of Disputes and Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute,difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,King County,Washington,unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided,however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. 11.4 Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written ! notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing 11 5 Assignment Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 11 6 Modification No waiver,alteration,or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. 11.7 Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto,shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made apart of this Agreement. However,should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail 11.8 Compliance with Laws. The Vendor agrees to comply with all federal, state,and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations AGREEMENT FOR ART WORK—9 of 10 119 Heirs and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the City and the Artist and their respective heirs, personal representative, successors and permitted assigns IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. ARTIST: CITY OF KENT: By By: fi (signature) (signature) Print Name Print Name: Suzette Cooke Its its Mavor (title) DATE. DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ARTIST: CITY OF KENT: Ms Cheryl dos Remedios City of Kent Parks Cultural Programs 220 Fourth Avenue South Kent,WA 98032 (telephone) (253)856-5058 (telephone) (facsimile) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent City Attorney AGREEMENT FOR ART WORK—10 of 10 t 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY tThe City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors,subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. I The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age,or the presence of all sensory, mental or physical disability 3 During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 200_ 1 By For: Title Date. EEOC DOCUMENTS FOR ART WORK AGREEMENT-1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT. MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEOC DOCUMENTS FOR ART WORK AGREEMENT-2 of 3 r CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the j (date) between the firm I represent and the City of Kent. 1 declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_ By. For: Title: Date �Ir r EEOC DOCUMENTS FOR ART WORK AGREEMENT—3 of 3 KENT CITY ART PROGRAM AGREEMENT ' The Agreement dated January 3rd 2007, between the City of Kent, hereinafter referred to as "Owner" and Judith and Daniel Caldwell, located and doing business at 10780 Myers Way S Seattle, WA 98168, hereinafter referred to as "Artists". WHEREAS: The Owner desires to enter into a contract with the Artist to develop a proposal for artwork for the following project: RIVERVIEW PARK, Kent, Washington The Work under this Agreement is to design, develop, complete and present to the Owner on February 1, 2007 the following: • Design drawings, graphic renderings and/or model of the proposal of public artwork with an indication of scale • A brief written description of the proposal • An information sheet(s) detailing maieriais, method of construction, estimated we;ght loads (if applicable), attachment and installation mechanisms (contractor, artist,city, etc.) and details and estimated footing or foundation requirements. (conveyed through drawings, written narrative and/or materials samples) • A detailed budget with materials, artist fee, and other costs for completing the project, including tax. The total project budget is $30,000, inclusive of the proposal fee • A detailed schedule, showing minor and major fabrication and installation phases. By signing this Agreement, the Owner does not bind itself to complete the above referenced project. However, if the above described design is approved by the Arts Commission, the Artist hereby agrees to enter into a contract for the commissioning of the artwork, including design, fabrication, transportation, installation, documentation, public notice and payment of all Washington sales or use taxes in a timely manner In consideration of the services recited herein by the Owner, the Artist shall receive payment in the amount of Three Thousand ($3000) from the Owner within 30 calendar days of receipt and approval of invoice from Artist by the Owner. The Agreement constitutes the entire Agreement between the parties and may be amended only if in writing and signed by both parties. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. IARTIST: CITY F KENT: By ignature) (signature) ame v C•.S• Print Name: Jeff Watling, ctor Parks, Recreation & Community Services Its (Tlte) DATE: 3I1b`07 DATE. ' 2,s• �— NOTICES TO BE SE TO: NOTICES TO BE SENT TO: CITY OF KENT= ARTIST: 1 Cheryl dos Remedios 4 C . -A CON. Id City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5058 (telephone) 206 61�0 (telephone) (253) 856-6050 (facsimile) (facsimile) Kent City Council Meeting Date May 1, 2007 Category Consent Calendar 1. SUBJECT: KENT AQUATIC & RECREATION FACILITY CONTRACT AMENDMENT—APPROVE 2. SUMMARY STATEMENT: Authorize the Mayor to approve the Kent Aquatic & Recreation Facility contract amendment, upon approval by the City Attorney. The city is currently under contract with Barker Rinker Seacat Architecture for conceptual design work on the proposed Aquatic & Recreation Facility. At this early stage of design, a detailed survey of the proposed site will greatly benefit later design. Additionally, a statistically valid public survey will be performed later this year as part of public involvement in the design process This contract amendment request incorporates these two elements into the contract. 3. EXHIBITS: Contract Amendment and memorandum dated 3/20/07 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund N/A Amount $ Unbudgeted Revenue: Fund N/A Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION: Council Agenda Item No. 6H KENT ' 1/ASNIHGTDN CONTRACT AMENDMENT NO. 1 NAME OF CONTRACTOR, CONSULTANT, OR VENDOR BRS Architecture ("Contractor") CONTRACT NAME & PROJECT NUMBER: Kent Aquatic and Recreation Facility ORIGINAL CONTRACT DATE: 03/14/2007 This amends the above-referenced contract, all other provisions of the contract that are not inconsistent with this Contract Amendment shall remain in effect. For valuable consideration and by mutual consent of the parties, the project contract is modified as follows: 1. Section I of the Agreement, entitled"Description of Work," is hereby modified as follows: Authorization to proceed with Site Survey, Statistically Valid Survey and Additional site tour expenses as referenced in consultant's proposal dated March 20,2007 attached and incorporated as Exhibit A. 2. The contract amount and time for performance provisions of Section II "Compensation," and Section III, "Time for Completion," are hereby modified as follows: 1 Original Conti-act Slue, $113,000.00 including applicable alternates and WSST. Net Change by Previous Contract $0 Amendments (incl applicable WSST) Current Contract Amount $113,000.00 (incl. Precious Contract Amendments) Current Contract Amendment $54,900.00 Applicable WSST Tax on this Contract N/A Amendment Revised Contract Surn S 167,900.00 j Original Time for Completion 09/30/2007 (insert date) Revised Time for Completion under N/A prior Contract Amendments (insert date) Days Required ± for this Contract 0 calendar days Amendment Revised Time for Completion 9/30/2007 (insert date) Pursuant to Section I entitled "Description of Services" of the Contract executed by the parties, the Contractor accepts all requirements of this Contract Amendment by signing below. Also, pursuant to the above-referenced contract. Contractor agrees to waive any protest it may have regarding this Contract Amendment and acknowledges and accepts that this Contract Amendment constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Contract Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. The parties whose names appear below swear under penalty of perjury that they are authorized to enter , into this contract inodification, which is binding on the parties of this contract. 3. The Contractor will adjust the amount of its performance bond (if any) for this project to be consistent with the revised contract sum shown in section 2, above IN WITNESS, the parties below have executed this Agreement,which will become effective on the last date written below. CONTRACTOR: CITY OF KENT: By: By (signawire) (srgnaltae) Print Name: Print Name: Suzette Cooke Its Its Mayor (Title) (Title) DATE DATE: APPROVED AS TO FORM: Kent Law Department P�Plammng\Change Orders\BRS I doe CONTRACT AMENDMENT-2 OF 2 IEXHIBIT "A{{ BARKER RINKER SEACAT MEMORANDUM r ARCHITECTURE 1 RA DUM I To: Perry Brooks Fax Number. jFrom: Keith Hayes Date: March 20,2007 Project Namel Number. Kent Aquatics/Recreation 120701.01 Number of Pagesr 1+0 Authorization to proceed with Site Caroline Seeberger,Scott Randall, Re: Survey, Statistically Valid Survey,and copy To: file Additional Trip for Tours Work Authorization 1 Professional Services Requested: The City of Kent has requested that the Civil Survey scope be added to the existing contract. Dowl Engineers has provided a scope ofwork,included as Exhibit'A, valued at$28,500. Dowl also recommends they subcontract with a utility location firmfor an additional$3,000 for a total $31,500 X 1 1 (BRSA consultant mark-up) =$34,650 for the survey and utility location. The City of Kent has requested that the Statistically Valid Survey scope be added to the existing contract Leisure Vision/ ETC has provided a scope of work, included as Exhibit'B',valued at$14,550 X 1.1 = $16,355 This is for 400, 20 minute surveys, accurate to+1-5%,including an 'importance of satisfaction matrix,"and geocoding of ' respondent data.An on-site presentation of the survey data can be provided as an additional service The City of Kent requested that Mike Lamb of Susan Black and Associates participate in the tour of Denver-area community centers that occurred in January This scope was not anticipated in the original scoping and is valued at$785 in time +$756 in reimbursable expenses x 1.1 =$1,695 BRSA interviewed several local architecture firms for consideration as the local architect-of-record SHKS Architecture has been selected We request consideration of additional services in the amount of$2,000 x 1 1 = $2,200 to allow SHKS to attend upcoming project meetings and familiarize themselves with the project We understand the City will contract for geotechnical services directly. Requested by: Perry Brooks Date of Request:January 17,2007 Fee: $3g,650 +$16,355+$1,695+$2,200=$54,900 Sub 7d by: Ke th Hayes, AIA Ffncipal, Ban6jr Rinker Seacat Architecture 1 r r Authorized by: Title: Please sign and fax to Keith Hayes'attention at(303)455-7457 Thank your 2300 Fificenih Sircet,Suite 100 Denver,Colorado 80202 303-455-1366 Fax 303455 7457 www.brsarch cam W 12D701 01-Kent Aquatics E Recreation Faciliityll 01-Conlrac1S%CTR-2DD7 03 10-W ork Atdhonration 1 doe i r ADOWL E PJ G I lit E E R S dA Oivision of L7G. WL LLG February 6, 2007 W.O. YS12894? Mr. Keith Hayes AIA, LEED®AP,Principal Via email: keithhayes@brsarch.com Barker Rinker Seacat Architecture 2300 IS'h Street, Suite 100 Denver, CO 80202 Subject: Professional Services Proposal/Agreement Boundary and Topographic Survey Kent Aquatic and Community Center—Kent,WA Dear Mr. Hayes: Thank you for the opportunity to provide this proposal for land surveying services for the Kent Aquatic and Community Center project in Kent, Washington. We look forward to working with YOU on this project. UNDERSTANDING OF THE PROJECT , DOWL Engineers (Consultant) understands that Barker Rinker Seacat Architecture (Client) has been selected by the City of Kent (Owner) as the lead consultant for the proposed Kent Aquatics and Community Center (Center) in Kent, Washington. The City has selected a site for the proposed Center, and has also selected its design leans to prepare construction documents for the project. As a part of the design process, Client would like Consultant to perform a boundary and topographic surrey of the site, and prepare base mapping for use by the design team in preparing the site development plan. The site is comprised of 23 separate tax parcels, having a resultant area of roughly 13 acres. The site is bounded on the west by Highway 167, on the north by West Meeker Street, on the east by the Puget Sound Energy transmission line, and on the south by Kent-Des Moines Road. Naden Avenue runs through the center of the property. Client may wish to note some potentially complicating issues, including_ • The reported proposed improvements (including traffic revisions and sigualization)to the intersection of West Meeker Street and Lincoln Avenue. • The presence of DOT right-of-way to the west and south of the site, • Tlie presence of the Puget Sound Energy(PSE)power lines across the site, • The presence of a fuel pipeline across the site,and that • The site is located on an a uccordcd plat. r E3.120 1+4TH AVEIVWGIVE • REOMOIVO,VVA3HIIVCTOIV 9i3052 425/0G9-2G70 FAX 425/UG9-2G79 Mr. Keith Hayes Barker Rinker Seacat Architecture February 6,2007 Page 2 SCOPE OF SERVICES Based on our understanding of the project and the assumptions listed below, we propose to perform these services: 1. Consultant will perform the necessary field and office work to produce a boundary and topographic survey map. 1 The on-site topographic survey area will include the following: • 23 tax parcels, • the full right-of-way width of Naden Avenue, and • available utility information. The off-site topographic survey area will include the following: • the full right-of-way of West Meeker Street extending 300 feet easterly and 300 feet westerly of the site, • the full right-of-way of Lincoln Avenue,Madison Avenue, and 7`h Avenue North, extending 300 feet north of West Meeker Street, • the apparent width of the Interurban Trail, extending 300 feet north of the Meeker Street and 300 feet south of Kent-Des Moines Road, 1 • the full width of the PSI: transmission line property and easement, from Meeker to Kent-Des Moines,and • the full right-of-way of Kent-Des Moines Road extending 300 feet easterly and westerly of the site. The overall area to be surveyed is roughly 21 acres. The survey map of the area described above will identify all surface features and surface- visible utilities. The survey map will include the following: Vicinity map, which clearly shows the site with respect to public streets, • All property lines shown with bearings and distances, • All existing public and private roads on-site and within 300 feet of the property, with included roadway centerlines, foglines, curb and gutter, edge of pavement, sidewalks,signs and street channelization, • All identified recorded easements, which affect the site, based on a current title report provided by the client, • The location of all surface-visible utilities, such as street light poles, junction boxes, transformers,overhead power and transmission lines, valves, vaults,etc., • The location of underground utilities, as marked by a professional utility locating company. We will coordinate the services of the professional utility locating company. Unless directly paid by Client,the cost of the utility locate service will be considered a reimbursable expense not included in our fee. We suggest you budget$2,500 for this service. • Rim and invert elevations, and size and type of pipe for all storm drain and sanitary sewers within the project area, Mr. Keith Hayes Barker Rinker Seacat Architecture February 6, 2007 Page 3 • Property owner names of all abutting properties, • Alt mamnade or natural features (streams, creeks, drainage ditches, hills, fences, buildings, rockeries,retaining walls,sidewalks, drives)on site. • Vertical datum based on North American Vertical datum(NAVD 88), • Idon7ontal control based on North American Datum 1983/91 (NAD 83/91), • Contours shown at a one-foot interval, • All trees six inches in diameter or greater, showing size and species,and • Location and elevation of soil borings and test pits. 2. Consultant will perform a boundary survey of the exterior boundary lines of the site based on available record information and the title report. 3. Consultant will produce a final map of the surveyed area. We will provide you and other consultants with a sealed hard copy of the map and AUtoCAD® release 2004 electronic files. The area included in the Scope of Services is shown on the next page. Mr. Keith I layo I3uiker Rinker 5uacat AiLhilulm-e I'cht unry F, 2007 Page 4 TOPOGRAPHIC SURVEY AREA .f�,ac�'����ti Ir1 r �� r .., 9�..:1� y��,'+��Cj�l�t•�,� '+ ii�i - t� � ��tr:;ems ? } ' �-r,�� t�'1 r: 'KJl•fl �l��... .�`Et "M, ti w. I41' •1.`� i;1: `" ''' Ir•,I I �,. �'.C, � I�"j . T mr�.>v A � ' ' -_ -^c ' _ .4 .. •__r.. .�, a. _ fir._e'.. ^fl't dl'•}."•!'S- _rri {•'r �. Div+� �. l� .�so'x^'�,^.: 3^,r r'-• ;. at yl•h1�'� ��' ".Ir� � (j!ri r" I�'� &1F��fhxt � '•S +i�Crr;��l"„ *- "a` �,k►ji�tl _ ' Ilf�✓r r ��,! '� ` �+'� `I�.a�� I .°4-d,�. li L l 7 `� �ri`,' ��� J I. ` f � 'rl 1 rt qq`_ •wt f` :4 �(3I''{� If.!; f fF�2r C� t�';'� ,1�'kr L'i.L„ �. Gi. ;'.G:1' rr• A i,l Ij} Iw..�a.e ...��-+rr 'tn f. ' � ."�T'J\'AS'9^,•- - ! •{'�^,���__1�_C�Iy��- `� � �'I� 1�I 1�1,'.'}I" � • :i4x.3'it•� jil. 4 r .&,' -I 3 If4t' ,t t 7ki«. �_l`��?� Y �, ISS? �^9��'r r 1 •I 4 a `Y��ki�� /a,�t 3'+4�: -r����.1'5..1 ,�+^t'+ �i-`�' �{ � �e SC '� .�.dl�`'��i�Ki��� ,•' t� i• �* � s-1 :�1�� � �- ;``s":.�'' G f+. 7 � �}g.. 4 ��FsrJrF CrVrbn rflr�J ( wont ty S1. .� ' I •,,4, K'e`n P rYti I •i{((�t t `t �tt 1 t'IT77 1 r_ «r r Fii 4 �hK .0 Ly S 1 jijf t �ry i; .r Of ��+���ryf �^ I'E 'i' ._►ir_ . �ft -,�� i"a� t 2�s. �y"�, ��,;r` � ��+��,-.�kiS,'i.%`b L; t +f f• �'1t�I,{�� � r l�r' ��r�t�t FxI 1- I•. 'j :'4J -' ab"6'f t� { ' ('yyet 4!#\A, � � �Q+1.��,.r..{kt1 r j (, �r •j -_ 3'. u .� .�. ..-•a.r. � ! Ewa-a.. �`•:-•—r �.�,.. �...�K .+.•o..af.:n:e+•F. bt`'•...�1�S"v ��i.o-i ' .7T::I^"..N uS-....F ....i h3 tiieww�i. nr+xr r,+e+r 6�Y �,��• 4'.�r 1 � 1 Nt✓-. rr+�.r+.��-+".r...�L'>!.ic:�, a�.._a_Itr�•X^'.�:.,�:/ _ 1. Y�.'} �,. ,x . i''=i'" J ,.Yii::�C,,A" T•s" :-:-,•'? a`:':r+`"+7">r+� Ys� -� r�'' f'N r:'^i.t 4��y"r. ;",�= -7'✓711tz_.:,."�I�i�."'��:k;T�'F;'�t �F _�'7 ( Pc'1., r � t1 r �.'m,.I 'r,r..rura-r..:+�..•.,s. �,�. F��r `•"„�yr�� �',I �Ils;y7� y `�YiS j 1i.3�'�`d .5..> :'r,r �;4_=�`•�in,. ....to,'.:.,:t.>,.`7 � Uti ,� „a. [(� �r•�t�;�u. .g5�r,1t,{`�1 J�(�Y_.. ,.� �..,_ ,.,,_��,,.._+..2�..: �pry.�-f�:.�,F..f, �. � � �t� � / ! r r� �♦�F r..'{s"}�(s < ??�� J' i'Y >� tiy'•? �� „•_'ir� t iFr.—+t w�`:,.:i�'t}'. r �� � II �ITt tat.CWi� 1 •.'..+2:� �((r We believe we have reasonably dencrilx:d the scope of the services involved. It is always possible, however, for unanficipmed conditions to atiW doling the u•rnk that could indicalc a (h.ulgc In the scope or budget may be needed If that Olould Imppen, vve would dkcuss it with you at that lime and obtain Client's agteemcnt for Dui equitable adpustnlcnt 10 our contract. Revitiulns to work completed or in ptogress rcque-fed by the owner or the mvncr's agents, through no Trull of ' Consultant, will be urnsjArcd cxha sci vlccs for which additional compCwalion is duc. Mr. Keith Hayes Barker RinkerSeacat Architecture Pebruary 6, 2007 Page 5 ASSUMPTIONS The Scope of Services section is based on the following assumptions: 1. Client is responsible for coordinating our entrance to the property and obtaining any necessary security clearances. 2. Client will furnish Consultant with a current title report of the subject property. ne legal description contained in said title report will be the property surveyed by Consultant 3. Consultant assumes that the Owner will need to apply for a land use procedure through the City of Kent (boundary line adjustment, short plat, right-of-way vacation, etc) in order to purchase the existing tax parcels, and vacate Naden Avenue. Fees for the preparation of those documents are not included in this proposal. 4. Consultant wilt not set any property corners or file a Record of Survey during this phase of project development. The property corners would be set at a later time during a land use process referred to above. 5. Additional topographic survey of right-of-way areas may be required for this project and related street improvement projects. Such work is not included in this proposal. FEE PROPOSAL We propose to perform the work described in the Scope of Services for the Lump Sum fee of $28,500. The proposed Lump Sum fee does not include project reimbursable expenses. The attached Standard Contract Terms and Conditions describe direct project expenses under this contract that will be billed as a separate phase on our invoices. This ProposallAgreement letter and the attached incorporated Standard Contract Terms and Conditions constitute the entire agreement between the parties hereto and is effective on the date set forth below. A space is provided below for you to sign indicating your acceptance of this proposal and the attached Standard Contract Terms and Conditions. Your signature also serves as authorization to proceed with the work. Please return one signed copy to us for our records. Thank you. Very truly yours, DO ENGINEERS Paul T. Rice, PLS Survey Department Manager PTR_If Attachment This proposal and the Standard Contract Terms and Conditions are accepted and DOWL Engineers is authorized to proceed with the work Barker Rinker Scacat Architecture Date I DOWL ENGINEERS(DOWL) STANDARD CONTRACT TERMS AND CONDITIONS 1. Standard of Care. Servicesshall be performed in accordance with the 8. Limitation of Remedies CLIENT agrees to limit the liability of DOWL, standard of professional pracke ordinarily exercised by the applicable it's employees,officers,directors,agents,consultants and subcontractors to profession at the lime and %tbin the locality where the Services are CLIENT, it's employees, officers, directors, agents, consultants and performed Professional servrrs are not subject to, and DOWL cannot subcontractors,whether in contract or fort,which arises directly or ridirectly provide, any warranty or guararke,express or imphed,including wananhes from DOINL's acts,errors or omissions,such Thal the total aggregate habddy or guarantees contained in ary uniform commercial code. Any such of COWL to all those named shall not exceed$50,000 a DOWL's total fee warranties or guarantees contased in any purchase orders, requisitions or for the services rendered under this agreement,whichever is greater. notices to proceed issued by CLIENT are specifically objected to 9. Ownership and Reuse of Project Deliverables All Documents are 2. Change of Scope. The Safe of Services set forth in Ihis Agreement its instruments of service in respect to this Project,and D0l^!L shall retain an based on facts known at the timeof execution of this Agreement,including,if ownership and property interest therein (including the right of reuse at the applicable,information suppliedoy CLIENT. For some projects scope may discretion of DOWL)whetheror not the Project is compleled not be fully definable during until phases As the Project progresses,facts discovered may indicate that scTe must be redefined DOWL will promptly Because data stored in electronic media format can deteriorate or be provide CLIENT with an amerunenl to this Agreement to recognize such modified inadvertently or otherwise without authonzalon of the data's change, creator, the party receiving electronic files agrees iliait it will perform acceptance tests or procedures within 60 days, after which the receiving 3. Delays. If in this Agreermnl specific periods of time for rendering party shall be deemed to have accepted the data thus transferred Any services are set forth, or spobc dates by which services are to be errors detected within the 60-day acceptance pencd wdlbe corrected by the completed are provided, and if such periods of time or dates are changed patty delivering the electronic files DOWL shall not be responsible to through no lault of DOWL,the ries and amounts of compensation provided maintain documents stored n electronic media format after acceptance by for herein shall be subject to equable adjustment It CLIENT has requested CLIENT. changes in the scope,extent,ornaracter of this part of the Project,the time of performance of DOWL's services shall be subject to equitable adjustment When transferring documents in electronic media format,DOWL makes no representations as to long term compatibility, usablity, or readability of 5. Termination/Suspension Ether party may terminate this Agreement documents resulting from the use of software application packages, upon 30 days written notice to tla other party. CLIENT shall pay DOWL for operating systems, or computer hardware differing hoar those used by all Services, including profit relang thereto, rendered prior to terrninahon, DOWL at the beginning of this Project plus any expenses of termination CLIENT may make and retain copies of Documents for information and In the event either party defauls in its obligations under [his Agreement reference in connection with use on the Project by CLIENT Such (including CLIENT's obligation bmake the payments required hereunder), Documents are not intended or represented to be suitable for reuse by the non-defaulting patty may,a*7 days written notice stating its intention CLIENT or others on extensions of the Project or on any other project Any to suspend performance under fe Agreement if cure of such default is not such reuse or modJrcalion wrlhaul written verification at adaptation by L commenced and diligently continued, and failure of the defaultino party to DOWL,as appropriate for the specific purpose intended,will be at CLIENT's commence cure vathin such tan limit and diligently continue, suspend sole risk and without liability or legal exposure to DOK or to DOWL's performance under thisAgreemed Consultants CLIENT shall indemnify and hold harmless COWL and DOWL's Consultants from all claims, damages, losses, and expenses, 6. Insurance DOWL will manladn insurance coverage for Professional, including attorneys'fees arising out of or resulting therefrom If there is a Comprehensive General, ALninebde, Worker's Compensation, and discrepancy between the electronic tiles and the printed copies,the printed Employers Liability in amounts n accordance with statutory requirements, copes govern and DCWL's business requnemens Certificates evidencing such coverage will be provided to CLIENT uponiequest. Any venbcation or adaptation of the Documents for exlensi of the Project or for any other project will entitle DOWL to further compensation at rates Io 7. Indemnification. DOWL shal indemnify,hold harmless,and defend the be agreed upon by CLIENT and DOWL CLIENT from and against any clam ol,or liability for negligent acts,errors or 1 omissions of DOWL under Ih,s Agreement DOWL shall not be required to 10. Material Adverse Effect. This Agreement may be airanded if an event, indemnify the CLIENT for a cam of, or liability for, the independent change or effect creates a material adverse effect upon the operation of negligence of the CLIENT. If riere is a claim of, or liability for, the joint DOWL Such material adverse effect may be created by,or be the effect of negligent error or omission of DOWL and the independent negligence of the acts of,terrorism or war(whether declared or not declared)which materially CLIENT, the indemnification and hold harmless obligation shall be impars DOWL's ability to operate its business in accydance with the apportioned on a comparative fa l basis "DOWC and"CLIENT",as used standard of professional practice ordinarily exercised by our profession and herein,include the employees,agents,and other contractors who are directly which formed the basis for this Agreement, responsible, respectively, to east The term "Independent Negligence"is negligence other than in the CLIENT's selection,administration, monitoring, 11. Amendment, This Agreement,upon execution by bodi parties hereto, or controlling of DOWL and in appovmg or accepting DOWL's work. can be amended only by a written instrument signed by both parties COWL shall correct, through rejerformance at its expense, any services 12. Assignment Except for assignments (a)to entities which control,or which are deficient or defective trause of DOWL's Iature to perform said are controlled by,the parties herelDor(b) esulling from opeat on of law,the services in accordance with the Srindard of Care,provided the CLIENT has rights and obligations of this Agreement cannot be assigned by either party notified DOWL in writing within a rtasonabie time,not to exceed 60 days,of without written permission of [he other party. This Agreement shall be the discovery of any such deficirncy during the performance of the services binding upon and inure to the benefit of any permitted assigns. and within 12 months of the date dfinal payment under this Agreement 1 1 13. Statutes of Limitation Tothe fullest extent permitted by law,parties 21. Discovery of Unanticipated Hazardous Materials Hazardous agree that,except for claims for indemnification,the Irma period for bringing materials or certain types of hazardous materials may ensl at a site where claims under this Agreement shalexpire one year allerProject completion there is no reason to believe they could or should be pinsant. DOWL and CLIENT agree that the discovery of unanticipated hazardous materials 14. Prevailing Party LiligationCosts. In the event any actions are brought constitutes a changed condition mandating a renegotiation of the scope of to enforce this Agreement,the pievailing party shall be enlitled to collect Its work or termination of services DOWL and CLIENT also agree that the litigation costs from the other pant. discovery of unanticipated hazardous materials will make it necessary for DOWL to take immediate measures to protect human health,safety and,'or 1S. No Waiver. No waiver by etlher party of any default by the other party in the environment. COWL agrees to notify CLIENT as scorn as pracllcally the performance of any particular section of this Agreement shall invalidate possible should unanticipated hazardous materials or su,pectea hazardous any other section of this Agreement or operate as a waiver of any luture materials be encountered CLIENT encourages DOWL to take any and all default,whether like or different"character. measures that in DOWUs professional opinion are justified to preserve and protect the health and safety of DOWL's personnel and the public,andior the 16. No Third-Party Beneficiary Nothing contained in this Agreement nor environment, and the CLIENT agrees to compensate DOWL for the the performance of the parties hereunder, is intended to benefit, nor shalt additional cost of such work. In addition,CLIENT waives any claim against inure to the benefit of,any third party,including CLIENT's contractors,it any. DOWL,and agrees to indemnify,defend and hold COWL harmless Iran any claim or liability for Injury or loss arising from DOWL's encountering of 17. Severab lity. The various terms, provisions and covenants herein unanticipated hazardous materials or suspected hazardous materials. contained shall be deemed to be separate and severable,and the invalidity CLIENT also agrees to compensate COWL for any time spent and expenses or unentorceabirty of any of then shall not affect or impair the validity or incurred by COWL in defense of any such claim,with such compensalon to enforceability of the remainder. be based upon DOWL's prevailing fee schedule and expense reimbursement 18. Payment, Fees and all other charges will be billed monthly as work policy. progresses and the amount of each billing shall be due and payable"thin 22. No Responsibility for Contractor Performance DDWL shall not be 30 calendar days of such billing Any portion of a bilbng not paid within 30 responsible for the quality of any contractors work, or for any contractor s days of the billing date shall be considered delinquent and shall bear a failure to furnish or perform its work in accordance with the contract delinquency charge of one perced per month of the unpaid invoice amount. documents. If the CLIENT tans to pay undismed invoiced amounts twlhm 30 calendar 23. No Responsibility for Site Safety. Construction contractors shall be days of the date of the invoice, DDWL may at any time,without waiving any solely responsible for the supervision,direction, and cortrol of(heir work, other claim against the CLIENT and without thereby incurring any liability to the means, methods, techniques, sequences, and procedures of the CLIENT, cease pedorminl work thereunder and terminate this construction, safety precautions and programs, and compliance with agreement applicable laws and regulations 19. Reimbursable Expenses Peasonable out of pocket expenses incurred 24. Authority The person signing this Agreement warrants that they have by DOWL in the provision of semces under this agreement will be billed to the authority to sign as,or on behalf of,the party for whom they are signing CLIENT on the basis of actual cost plus 15% markup for overhead and handling Reimbursable expenses include,but are not limited to,items such 25,Choice of Law,Venue- This Agreement shall be governed by the laws as document reproduction,travel expenses,delivery charges, postage,long of the state,United States territory,or Canadian province or territory in which distance telephone calls and apples specifically required for the work the project is located If the project Is outside the lenfory of the United Subconsultant lees will be billed to CLIENT on the basis of cost plus a States or Canada, the parties agree that any lawsuit,tredrabon or other markup of 15%for overhead and handling hearing regarding this agreement or its performance shall be instituted and maintained in and under the laws of the state of Washington 20. Right of Entry The CLIENTshall arrange and make provision for legal entry and access on the land for DOWL to make planned surveys and other 2ti. The Agreement. The ProposaVAgreement letter and these attached explorations. Standard terms and Conditions constitute the entire agreement between the , parties hereto VY/Word/MasterdStandard Contrail Terms and Conditions 1,06 Page 2 of 2 i r Pricing for Kent, Washington Aquatic Center Voter Survey Leisure Vision/ETC Institute-August 2006 Base Fees Option A Option B Option C Number of Completed Surveys 300 400 500 minimum precision w/95% level of confidence +1-5 8% +F5%n +1-4 4% 10 minute survey(approx 4 pages) $7,200 $9,350 $11,025 15 minute survey(approx 5-6 pages $8,550 $11,150 $13,550 20 minute survey(approx 7-8 pages $9,750 $12,750 $15,550 Sub-Analysis/BannerCrossTabular Analysis Included Included Included Formal report w/charts and graphs Included Included Included Optional Services On-Site Presentation of Findings' $1,500 $1,500 $1,500 Importance-Satisfaction Matrix $600 $600 $600 Geocoding of Respondent Data $1,250 $1,500 $1,500 ' Plus expenses r 1 r Kent City Council Meeting Date May 1, 2007 Category Consent Calendar 1. SUBJECT: 2007 FIRST QUARTER FEE-IN-LIEU FUNDS — ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Authorize the Mayor to accept $224,257 50 in fee-in- lieu funds for the first quarter of 2007, and authorize the expenditure of funds in the Seven Oaks Park, Service Club Park, East Hill Skate Park, Wilson Playfields, Turnkey Park and Tudor Square Park budgets Between January and March 2007, the City received a total of$224,257.50 from seven developers who voluntarily paid fees, in lieu of dedicating park land to mitigate the development of single family homes in seven subdivisions: 1) Seven Oaks Park Budget: $15,750 00 for Highlands Estate South development; 2) Seven Oaks Park Budget: $21,000 00 for Mulder development; 3) Service Club Park Budget: $51,765 00 for Park View development, 4) East Hill Skate Park Budget. $82,275 00 for Pfaff development; 5) Wilson Playfields Budget: $16,875.00 for Bishop's Landing development; 6) Turnkey Park Budget- $30,450 00 for Murray development; 7) Tudor Square Park Budget- $6,142.50 for Hutchinson Landing development. 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. 3. EXHIBITS: Finance Revenue Report 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc ) ' 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X 1f no: Unbudgeted Expense Fund P20055 Amount $15,750 00 Fund P20055 Amount $21,000 00 Fund P20024 Amount $51,765 00 Fund P20045 Amount $82,275.00 Fund P20073 Amount $16,875.00 Fund P20037 Amount $30,450 00 Fund P20063 Amount $6,142.50 Unbudgeted Revenue: Fund P20013 Amount $224,257 50 (on back) 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I f I d 0 N ' M r J!Q C Q Q Q Q Q afa a a a a a a 0 o o � m `v a EI 1. 0 N LI O' D C d' � E n V O ul H J I N N C p d C L Q O Ol h V L O L C � d •N 'J T O Q N O � N V E M o m m 2 rn o o m N v � J 0 m o 0 0 0 0 0 0 J f� f L # A a d Q r O r N aD V' N N � m rn cfl T r m w ,co a m m v o d M �fJ co r o � N o l� ❑ v v a v a a v 0 0 0 0 0 0 o c A O O N N N N N J Q ❑ N N cD r — O �3 U p J M T M N 1 N d W D R 0 N 0 0 0 0 0 0 0 a r r r r r r n Eio m m m o o m O d C 0 0 0 0 0 0 0 (� O NO O[ N N N N � d n. IL a a a a a a (D Q, rKent City Council Meeting Date May 1, 2007 Category Consent Calendar ' 1. SUBJECT: AMENDED STREET TREE LIST—APPROVE 2. SUMMARY STATEMENT: Authorize the Mayor to approve the amended Street Tree List. The Street Tree Certified Arborist recommends that the Approved Street Tree List be amended to include trees that will thrive in City "ram gardens" and blo-swales. The Public Works Department is proposing an alternative storm drainage standard detail for five-foot wide planter strips. The Arborist wants to insure that the street trees will survive and thrive in standing water conditions during storm events. Every few years, staff reviews the Approved Street Tree list for trees that are posing problems to infrastructure, attracting pests, or prone to disease, and proposes revisions to the list for Council consideration. The City Council approved the last revisions on May 19, 2004. 3. EXHIBITS: Amended Street Tree List t4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No N/A If no: Unbudgeted Expense: Fund N/A Amount $ Unbudgeted Revenue Fund N/A Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6J Common Name Scientific Name Height Width Shape Minimum (feet) (feet) Spacing feet ' Small Street Trees For planting 30' or under powerlines less Trident Maple Acer buergeranum 20' 20' Round, low spreading 30' Flame Maple Acerginnala 'flame' 20' 20' Round wl spreading low 30' branches Flamingo Box Elder Acernegundo 20' 15, Oval to round 25' 'Flamingo' Apollo Maple Acer saccharum 25' 10, Narrow to columnar 20' Tatarian Maple Acer tatancum 25' 20' Oval to round,often low 30' brached ' American Hornbeam Carpinus caroliniana 25' 25' Oval 35' Lavalle Hawthorn Crataegus x lavallei 28' 20' Irregular vase shaped 30' ' Washington Hawthorn Crataegus 25' 20' Broadly oval to round 30' _pheenopyrum Golden Desert Ash Fraxinus excelsior 20' 18' Rouded,compact 30' Aureafoha' Leprechaun Ash Fraxinus 18, 16' Dense,compact,round 25' pennsylvanica 'Johnson' Amur Maackia Maackia amurensis 25' 20' Vase shaped becoming 30' round Golden Raindrops Malus transitona 20' 15' Upright, vase shaped 25' ' Crabapple 'Schmidt cutleaf' Red Barron Crabapple Malus 'Red Barron' 18' 8' Narrow, columnar 20' Red Jewel Crabapple Malus 'Jewelcole' 15' 12' Upright, pyramidal 25' ' Tschonoskii Malus tschonoska 28' 14' Upright, narrowly oval 25' Crabapple Cascade Snow Cherry Prunus 'Berry' 25' 14' Upright, spreading 25' Amanogawa Cherry Prunus serrulata 20' 6' Columnar, fastigiate 20' Amano awa' branches Red Cascade Sorbus Americana 18' 8' Compact oval 20' Mountain Ash 'Dwarfcrown' Fragrant Snowbell Styrax obassia 25' 15' Pyramidal to upright 25' narrow oval Ivory Silk Japanese Synnga reticulata 20' 15, Upright spreading 25' 'Ivory Silk' becoming round Small Street Trees For planting 30 or under powerlines less and in bio-swales Washington Hawthorn Crataegus 25' 20' Broadly oval to round 30' phaenopyrum American Hornbeam Carpinus caroliniana 25' 25' Oval 35' New Small Street For planting 30' or Trees under powerlines less and in bio-swales Gray Birch Betula populifoha 30' 25' multi-stem 30' Cocks ur Hawthorn Crataegus crus-galls 25' 25' rounded 30' Sweet Bay Ma nolia Magnolia virginiana 20' 25' Round, spreading 30' 1 Medium Street Trees Plant when 30' to 45' ' powerlines are trees not present Armstrong Maple Acerrubrum 45' 15, Narrow,upright 25' 'Armstrong' columnar Queen Elizabeth Acer campestre 35' 30' Upright, becoming 40' Maple `Evelyn' round Sensation Box Elder Acernegundo 30' 25' Rounded 35' 'Sensation' Pacific Sunset Maple Acer fruncatum x Acer 30' 15' Upright spreading, 25' plantanoides 'Warrenred' rounded crown Frans Fontaine Carpinus betulus 30' 15' Columnar 25' Hornbeam 'Frans Fontaine' Tricolor Beech Fagus sylvatica 30' 20' Pyramidal when young, 30' 'Roseo-Marginata' rounding w/age Raywood Ash Fraxinus oxycarpa 35' 25' Oval, dense crown 35' 'Ra wood' Imperial Honeylocust Gleditsia trtacanthos 35' 35' Rounded 45' Impcole' Galaxy Magnolia Magnolia 'Galaxy' 30' 15' Pyramidal to oval 25' Edith Bogue Southern Magnolia grandiflora 30' 15' Pyramidal tight 25' Magnolia 'Edith Bogue' American Ostrya Virgmiana 40' 25' Upright oval 35' Ho hornbeam Spire Cherry Prunus x hillien'Spire' 30' 10, Upright columnar, 20' narrowly vase shaped Columnar Sargent Prunus sargentu 35' 15, Upright columnar, 25' Cher 'Columnans' narrowly vase shaped Edgewood Pear Pyrus calleryana x 30' 25' Rounded 35' betulaefolia 'Ed ewood' , Capital Pear Pyrus calleryana 35' 12' Columnar 20' `Capital' Chanticleer Pear Pyrus calleryana 40' 15' Columnar, narrowly 25' ' `Glen's Form' pyramidal Crimson Spire Oak Quercus aiba x 45' 15' Columnar,tightly 25' Quercus robur fastigiated ' 'Cnmschmidt' Skyrocket Oak Quercus robur 45' 15' Narrow, fastigiated 25' 'Fast, iata' Musashino Zelkova serrata 45' 20' Very narrow, upright 30' 'Musashino' vase shaped Medium Street Trees Plant in bio- 30' to 45' , swales when trees powerlines are not present Armstrong Maple Acer rubrum 45' 15' Narrow,upright 25' Armstron columnar American Ostrya Virginiana 40' 25' Upright oval 35' ' Ho hornbeam New Medium Street For planting 30' or Trees under powerlines less and in bio-swales Freeman Maple Acer freemann 40' 30' oval 35, ' 'Patmore" Green Ash Franxinus 60' 40' oval 45' pennsylvanicus `Patmore' ' Black tupelo, Nyssa sylvahca 40' 30' oval 35' sourgum, or Black um ' Bald cypress Taxodium dishchum 60' 30' pyramidal 40' Last Revised May 19, 2004 r 3 ' Kent City Council Meeting Date May 1, 2007 Category Consent Calendar ' 1. SUBJECT: POSITION STATEMENT ON PROPOSED KING COUNTY PARKS LEVIES, RESOLUTION —ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No which articulates the City's position regarding two potential six-year parks levies, which King County's Executive recommends the county place before voters on the August 21, 2007, primary ballot. At its April 19, 2007, meeting, the Parks and Human Services Committee discussed two potential parks levies proposed by King County Executive Ron Sims. The Committee recommended the Council support the first levy, which seeks to maintain and operate King County's existing parks while also allowing for incremental restoration of maintenance levels. ' However, the Committee then declined to support the second levy, which seeks additional funds to expand King County's parks and recreation opportunities because past action taken by the county has been to reduce its parks responsibilities by transferring ownership, maintenance, and operation responsibility of some of its parks to neighboring cities. 3. EXHIBITS: Resolution; King County Executive's Parks Levy Recommendation Summary; and 3/301107 Letter from King County Executive Ron Sims to the King County Council 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenues 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. 6K ' RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, articulating the City's position regarding two potential six-year parks levies that King ' County's Executive recommends be placed before voters on the August 21, 2007, primary ballot. ' RECITALS ' A. King County's Executive has recommended that the King County Council place two companion parks levies before voters on the August 21, 2007, primary ballot The first parks levy proposes a property tax lid lift of five cents per $1,000 of assessed valuation to continue to maintain and operate King County's current parks and allow incremental restoration of maintenance levels to that which existed prior to King County's budget crisis of 2002. The second parks levy proposes an additional property tax lid lift of five cents per $1,000 of assessed ' valuation to assist King County in expanding its parks and recreation opportunities, including expanding open space and trails throughout King County. Neither levy is ' contingent on the other. ' B. At its April 19, 2007, meeting, the Parks and Human Services Committee discussed the proposed King County parks levies and recommended that the Kent City Council support the first levy, which seeks to maintain and toperate King County's existing parks while also allowing for incremental restoration of maintenance levels. However, the Committee declined to support ' the second expansion levy because past action taken by King County has been to reduce its parks responsibilities by transferring ownership, maintenance, and ' operation responsibility of some of its parks to neighboring cities. 1 King County's Proposed Parks ' Levies for August 21, 2007, Ballot r NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: ' RESOLUTION ' SECTION 1: - City Support. The City of Kent supports placing before voters on the August 21, 2007, primary ballot King County's proposed six-year , property tax lid lift of five cents per $1,000 of assessed valuation to continue to maintain and operate King County's current parks and allow incremental restoration of maintenance levels to that which existed prior to King County's budget crisis of 2002. The City of Kent declines its support of King County's , proposed expansion levy which seeks an additional five cent property tax lid lift. SECTION 2. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions , of this resolution. SECTION 3. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. ' PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of May, 2007. CONCURRED in by the mayor of the city of Kent this day of May, ' 2007. SUZETTE COOKE, MAYOR , ATTEST: , BRENDA )ACOBER, CITY CLERK 2 King County's Proposed Parks Levies for August 21, 2007, Ballot ' APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of April, 2007. ' v G BRENDA JACOBER, CITY CLERK �Gvil�Resalu[�oMkingcountyva M1s�enes rysuppurt Joc 3 King County's Proposed Parks Levies for August 21, 2007, Ballot 1 King County Executive Ron Sims' Parks Levy Recommendation Two companion levies to be placed on August 2007 Primary ballot: 5¢ King County Parks Support: Renew, Restore, Preserve 5¢ Expanding Parks & Recreation Opportunities County Parks Su port Levy: 5-cent, six-year levy, with inflation ad'ustor Replace current reduced level of maintenance funding 4.44¢ Restore maintenance levels to pre-2002/budget crisis 0.560 TOTAL 5 00¢ Expanding Parks & Recreation Opportunities: 5-cent, six-year levy, with inflation adjustor King County Open Space and Regional Trails acquisitions 3¢ City Trails and Open Space 1¢ Environmental education and conservation programming and 1¢ Related capital and operating support at Woodland Park Zoo TOTAL 5¢ Companion Levies. Unlinked • Passage of either levy is not pre-conditioned on passage of the other. County Parks Support Levy' • Based on status quo budget; this levy renewal ensures parks stay open with increment to restore maintenance levels to pre-2002 budget crisis levels. Expanding Parks & Recreation Opportunities: • The 3-cent allocation to King County will be applied to- o Protect additional lands, shorelines, and streams within our watersheds as open space and ensuring appropriate public access to these areas o Expand the County's regional trail system in accordance with the King County Regional Trail Plan by acquiring trail corridors and developing key urban trail connections Trails to be developed include • East Lake Sammamish trail • Sammamish River Trail connection to East Lake Sammamish Trail • Soos Creek Trail o Funds may not supplant existing funding. 3/29/2007 2 • The 1-cent allocation to cities will be allocated through application to the Conservation Futures Tax Citizen Oversight Committee, whose mission will be expanded for this purpose. o Cities or citizen groups may apply for funds. o Funds must be matched (grantees must provide not less than equivalent value to the amount of the grant) o City trail projects must support connections to the regional trail system, defined to include both county regional trails and city trails that are regional in nature, and may specifically include local trails in underserved areas linking to city or county trails that connect to regional trails. o City open space projects must be consistent with the criteria in the current King County Conservation Futures Tax program. o Funds may not supplant existing funding. The 1-cent allocation to the Woodland Park Zoo will be allocated to expanding the Zoo's environmental education and conservation programs, and making capital improvements to Zoo facilities, including- • Zoo environmental education and conservation programs to be expanded include programs such as: School-to-Zoo, Wild Wise, Forest Explorers and Zoo Corp; interpretive programs such as Willawong Station (interactive bird aviary). Funds could be used for technology support, curriculum development, capital, staffing, and other tools supporting these educational programs o Capital improvements include green space enhancements on the zoo grounds. o Funds may not supplant existing funding. Oversight: • Expenditure of funds by the County under these levies should be annually reviewed by a citizen's committee for consistency with the authorizing ordinance. • Current levy is subject to similar oversight. Click on http://www metrokc.gov/parks/businessplan/ and scroll right-hand menu to see report examples. ### 3/29/2007 Attachment 3a-April 11,2007 PIC Agenda March 30, 2007 The Honorable Larry Gossett Chair, King County Council Room 1200 COURTHOUSE Dear Councilmember Gossett: j I am pleased to transmit to the council two ordinances authorizing two ballot measures to be placed on the August 21. 2007 primary election These measures will renew the expiring parks maintenance levy and make significant investments in parks, trails and open spaces throughout the county. I am proposing these companion measures in large part based on the extraordinary work of the King County Parks Futures Task Force, whose report was issued this week The Task Force convened in November of 2006 and did an in-depth evaluation of the needs of the King County parks system. The Task Force recommended two actions: • A levy to renew the expiring parks operations levy; and • A separate companion ballot measure to invest in new regional acquisitions, city projects, and upgrades to the Woodland Palk Zoo. My two proposed ballot measures keep faith with but are slight modifications to the recommendations of the Task Force. The first ballot measure I am proposing will renew the parks operating levy that will expire at the end of 2007 This measure renews and restores funding for King County parks, trails and open spaces. King County has made significant investments in a system that boasts one of the nation's largest inventories of county parks and trails I am asking the Council to provide the public the choice to protect and enhance this investment. If approved by the voters, the renewal levy I am proposing will authorize a property tax lid lift of five cents per $1,000 of assessed valuation for a period of six years The proceeds of this levy will be applied to purposes identical to those of the current parks operating levy approved by the voters in 2004 That levy C\Documents and Settngs\ibamster\Loca1 Settings\Temporary Internet ales\OLKCF1Att 33-Parks Transmittal Redlmed doc The Honorable Larry Gossett March 30. 2007 Page 2 expires at the end of this year and currently provides more than 55%of the direct operating support for the park system The proposal would cost the owner of a$400,000 house $20 a year. The second ballot measure authorizes King County to levy an additional property tax of live cents per$1.000 of assessed valuation for a period of six years for expansion of open space and trails by both King County and cities, and will fund envirornnental education and conservation programming and capital improvements at the Woodland Park Zoo Like the renewal levy, if approved by the voters,the proposal would cost the owner of a$400,000 house $20 a year. My recoinmendation for the County park system renewal levy is smaller than that proposed by the Task Force. For the companion expansion measure, I am recommending the substance and amount as proposed by the Task Force. Each of these levy proposals is discussed in turn below. Parks Operations Renewal levy: Parks Futures Task Force Recommendation The Parks Futures Task Force recommended in operations renewal levy of seven cents per $1,000 of assessed valuation. That seven cents breaks down into the following categories• • 4.7 cents with an inflator to renew the expiring 4.9 cent levy. • .6 cents for enhanced maintenance in regional parks and facilities to match 2002 levels. The 2003 Parks levy was an emergency levy designed to be bare bones and as low cost as possible during the county budget crisis Today, county parks maintenance levels remain well below those in place in the system prior to the budget crisis in 2002, and well below that observed in nearly all city parks systems in King County. Maintenance levels were trimmed back significantly from 2002 levels and are currently much lower than those of the surrounding cities. The Task Force recommended adding 6 cents to bring the levels backup to 2002 levels While much improved, even this would still be at a lower standard than the cities in King County. • 1.7 cents to replace anticipated loss of Parks BEET revenues due to annexations and economic downturns over the next 6 years. The grand total of Task Force recommendations equals 7 cents. Parks Operations Renewal levy: Executive Recommendation ' As I noted, my proposal is for a five cent reneival levy, rather than seven cents. My five cents proposal is consistent with the current(2004-2007) parks operating levy, and will support the continued operation and maintenance of regional parks, local rural parks, the community partnerships grant program, and expenditures attributable to these purposes. My five cents 2 jThe Honorable Larry Gossett March 30,2007 Page 3 renewal proposal includes 4.44 cents to renew the expiring 4.9 cents levy and 0 56 cents to enhance maintenance levels to match 2002 levels. I cannot emphasis strongly enough how critical it is that this levy be placed on the ballot and passed. Without it,we do not have the revenues to operate our regional parks system. We will once again be faced with draconian service cuts and closure of facilities as we were in 2003. As much as we all treasure our parks,we cannot drain County General Fund reserves or cut other programs to replace this expiring parks levy for a non-mandated service, given our other competing state-mandated budget demands. There are several critical items that should be particularly noted regarding my five cent renewal proposal First. I have concurred with the Task Force and included an inflator in the levy The inflation adjustor is recommended because the operating budget is driven by costs that are subject to substantial inflationary pressures—such as salaries, benefits and utility costs The adjustor will allow the Parks Division to maintain a financially prudent operating reserve and ensure there will be sufficient resources for parks operation and maintenance for six years The inflation adjustor will apply only to the increment of the County levy represented by this lid lift amount, not the entire County regional property tax. The inflation adjuster allows the levy rate required to continue current division operations and enhance maintenance to be set at 5 0 cents. Without this inflation adjustor, .42 cents must be added to any proposal to maintain revenue levels. Second, as recommended by the Task Force, this levy includes funding necessary to restore parks maintenance levels to those in place prior to 2002. My levy as proposed includes an increment of funding for this purpose of 0 56 cents per$1,000 of assessed value. Third, the most recent information on property valuations and projected expenditure growth rates -- information that was not available at the time of the Task Force deliberations--allows us to accomplish the goals of the Task Force recommendations with a levy rate that is lower than that proposed by the Task Force. I have therefore reduced my levy proposal by 0.3 cents per $1,000 of assessed value in order to reduce the additional cost to taxpayers. However, I have pledged to implement the full recommendations of the Task Force and return parks maintenance to their historic levels. Therefore, in the event that there is a revenue shortfall or cost pressures exceeding our forecast and we cannot meet our commitment to improved service levels through increased innovation and entrepreneurial activity. I am committed to finding the resources necessary to fill such a gap Part of the Task Force recommendation was to include an increment in the levy that would replace the potential loss of Real Estate Excise Tax (BEET) parks capital funding over the next six years. This potential loss of as much as sixty percent funding over the next six years could arise as a result of annevatious and incorporations of urban unincorporated areas and a slowdown in the real estate market and is essentially the Parks Division's sole source of capital The Honorable Larry Gossett March 30, 2007 Page 4 funding The Parks Futures Task Force recommended that 1.7 cents be added to the renewal levy to hold parks capital programs harmless from both of these effects. I have not included this request in the package I forward to you today. While I agree that REST loss is a critical issue to the future of the Parks Division, I have always been adamant that Nye do not ask for more than we need from the taxpayers of King County Because the impact and timing of annexations and incorporations is uncertain, and econonne forecasts are speculative, I have not included these 1 7 cents in my request I believe, however, that the County should find other sources to replace the REET revenue impact to parks from annexations and I am committed to find those funds when they are needed. The renewal levy I am proposing will generate an estimated $16.1 million in revenue in 2008 to support the operation and maintenance of King County's regional and rural parks, trails, and open space—recreational assets that are enjoyed by all residents of King County The proposal would cost the owner of a$400,000 house $20 a year, in order to support over 25,000 acres of parks, active recreation facilities, open space and 175 miles of regional trails. The six-year fiscal projections for the renewal levy are set forth in Attachment A to this letter. The specific parks, trails and facilities supported by the renewal levy are listed in Anachnient B The specific improvements that can be achieved through the 0 56 cent maintenance restoration are described at Attachment C. If Council rejects the use of an inflation adjustor, the initial levy rate will need to be increased to 5.42 cents in order to meet the park system financial needs over the next six years And I would caution that any reduction to this 5 cent rate by the Council will result in service levels that are less than what the Task Force has recommended. The County's General Fund will continue to be the revenue source for the Parks Division's transitional role as a provider of local parks located within unincorporated urban areas of King County. As the Task Force recommended, the levy will focus on the County's long-term park- priorities: regional and rural local parks. Local parks in the unincorporated urban area -- estimated to cost approximately $3 8 million a year-- can and should continue to be addressed through existing means (i.e , CX Fund monies and earned revenues from these local urban parks). Park and Recreation Expansion Lew The five cent parks and recreation opportunities expansion levy will also generate an estimated $16 1 million in revenue in 2008 to support expanding trails,open spaces and recreation opportunities throughout King County. By supporting county and city recreation systems, this levy recognizes the reality that these systems are interdependent in many respects- residents use both systems, and the County's trail system is designed to enhance linkages between them. This levy is an important step forward in addressing what we know today will be an ever increasing demand for more recreational assets in the future At least 280,000 more people will live in King County 20 years from now than are here today. As stated in the "Task Force report, 4 The Honorable Larry Gossett March 30, 2007 Page 5 if we are to have any hope of meeting the recreational and environmental challenges ahead, we must act now. Opportunities to preserve open space and secure regional trail right of way are few and may escape us completely if we do not have funding capacity to seize these opportunities when they arise This expansion levy would cost the owner of a$400,000 house $20.00 a year. The six-year fiscal projections for the expansion levy are set forth in Attachment D Consistent with the recommendation of the Parks Futures Task Force in their report, levy proceeds would be directed to the three distinct elements discussed below It is important to note that if approved, levy funds may not be used to supplant existing funding sources that currently support these elements As before, I am recommending that this levy also have an inflation adjustor as the Task Force suggested. The largest of the three components of the expansion levy is a three cent allocation to King County for acquiring and pi eserving additional open space and natural lands as well as acquisition and development of key regional trails identified within the County's regional trails plan The focus for open space and natural lands acquisition would be on protecting additional resource lands, shorelines, and streams within our watersheds Priority for open space and natural lands acquisition would be given to those projects which utilize efficient funding tools such as transfer of development rights. Trail priorities would be based on securing and developing hey urban trail corridors with an emphasis on those that link city to city, community to community, and urban King County to rural King County This funding will allow the Parks Drvrsion to build on its success to date in developing and maintaining one of the largest urban regional trail and open space systems in the country. Second, one cent would be allocated to cities for trail and open space projects to be funded through application to the Conservation Futures Tax (CFT) Citizen Oversight Committee whose mission would be expanded for this purpose. As proposed, trail projects must support connections to the regional trail system, defined to include both County and city regional trails and may specifically include local trails in underseived areas linking to city or County trails. Open space projects should be consistent with the existing criteria in the King County CFT Program. Matching fund requirements will also pertain to cities applying for this funding, consistent with the CFT program. Third, one cent would be allocated to the Woodland Park Zoo. This one-time funding recognizes the unique regional contribution of the Zoo. It would expand the Zoo's environmental education and conservation programs and fund capital improvements to Zoo facilities The County has previously recognized the regional value of the Zoo, for example by sponsoring issuance in the 1980s of a$3 L5 million voter approved bond measure for major zoo capital improvements. 5 The Honorable Larry Gossett March 30, 2007 Page 6 BNSF Eastside Rail Corridor (ERQ I must emphasize that neither of these levy proposals includes any funding support for proposed Burlington Northern/Sante Fe(BNSF) Eastside Rail Corridor acquisition or trail development. The 169 million dollars necessary for acquiring and developing the"granddaddy of all trails" will be accomplished by the "Connections for our Future" partnership between King County, the Port of Seattle and BNSF. This unique and innovative partnership allows us to capture this once in a lifetime rail and trail corridor into public ownership without placing any additional tax burden on the residents of King County. Parks Levy Timing I am proposing that these two levies be submitted as independent ballot measures on the August 21", 2007 primary election. Passage of one is not conditioned on passage of the other. However, should the parks operating renewal levy fall the ordinance includes language that would automatically place that measure on the November 6, 2007 ballot. The rene«,al levy is essential to our ability to maintain our parks, and it IS critical and fiscally responsible to secure funding for maintaining our existing County park system. Please note that due to the changes in election dates and deadlines set by state law, the operating levy needs to be placed on the November ballot prior to the actual primary election to August. Since the General Fund budget crisis hit in 2002, the Parks Division has made tremendous progress in implementing a business plan that has changed the focus, direction and mission of the Division. The entrepreneurial success and development of numerous partnerships have not only resulted in the ability to keep the current operating levy at a low rate, but have earned the Division a national reputation for innovation and efficiency. I want to thank and commend the Task Force for their extensive and careful study of our parks i system and for their foresight in recognizing the future needs of King County by proposing the companion levies that are the basis of my recommendations to the County Council. The renewal levy request is modest and focused, and our message to the voters is clear: this money will support critical operation and maintenance of the County's regional and i ural parks--parks used by all of us. Without this levy, the regional legacy that our parks represent will suffer greatly. The expansion levy request is also limited in size,but represents an important opportunity for cities and the county to invest in our collective future. All residents of King County have a stake in preserving our regional parks system, whether they live in cities or not. We all benefit from the over 25,000 acres of park lands and open space and 175 miles of trails that this levy will support from the presence of incredible facilities such as Marymoor Park and the Weyerhaeuser-King County Aquatic Center to Cougar Mountain Wildland Park. The voters deserve the opportunity to decide whether to 6 The Honorable Larry Gossett March 30, 2007 Page 7 protect the regional legacy reflected by our region's park and recreation systems. The investments we have already made and the investments we make in the future will improve the quality of life for all in this region I respectfully request your support for placing these ballot measures, as proposed, before the voters of King County this August. If you have any questions or need additional information, please contact Kevin Brown, Parks Director, at (206) 296-8631 or Bob Cowan, Director, Office of Management and Budget, at (206) 296-3434 Sincerely, Ron Sims King County Executive Enclosures cc: King County Councilmembers ATTN• Ross Baker, Chief of Staff Shelley Sutton, Policy Staff Director Mark Melroy, Lead Analyst, Capital Budget Committee William Nogle, Lead Analyst, Operating Budget, Fiscal Management and Mental Health Committee Mike Reed, Lead Analyst, Growth Management and Natural Resources Committee Beth Mountsier, Lead Analyst, Regional Policy Committee Anne Nons, Clerk of the Council Bob Cowan, Director, Office of Management and Budget (OMB) Pam Bissonnette, Director, Department of Natural Resources and Parks (DNRP) Kevin Brown, Division Director, Parks and Recreation Division, DNRP Members, King County Parks Futures Task Force i 7 i Kent City Council Meeting Date May 1, 2007 Category Consent Calendar 1. SUBJECT: PACIFIC HIGHWAY HOV LANES LANDSCAPING FINAL jPAY ESTIMATE — ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the Pacific Highway HOV Lanes Landscaping as complete and release retainage to Buckley Nursery Co , Inc upon receipt of standard releases from the state and release of any liens. The original contract amount was $599,580.65 The final contract amount was $567,229 15. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? _ Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i DISCUSSION: ACTION. Council Agenda Item No. 6L Kent City Council Meeting Date May 1, 2007 Category Other Business 1. SUBJECT: AMIGA CENTER AT KENT 2. SUMMARY STATEMENT: On March 6`h, the Kent City Council authorized additional financing and directed staff to continue planning the design and develop- ment process for the Amiga Center at Kent. All of these processes are planning processes intended to position the City to achieve cost savings and maintain scheduling efficiencies if council approves the project proposal after completing environmental review and approving the Maximum Allowable Cost Construction contract ("MACC"). Environmental review is currently scheduled to be complete on or about May 15. Recently, Mayor Cooke announced that the naming rights for the facility have been secured through an agreement with Amiga, Inc , if this project is constructed. On April 20, both the state House and Senate passed a Public Facilities District bill and approved a capital funding allocation for the proposed Events Center. If the Governor signs these bills, sufficient funding will likely be in place to proceed with the project, again subject to completion of environmental review and further subject to successful negotiation of the MACC. Staff and the citizens advisory committee are requesting that City Council continue this planning process by preparing to develop a Public Facilities District, by analyzing bond funding approaches, and by authorizing the Mayor to expend additional funds from the general fund or from any appropriate capital improvement fund on an interim bans, which interim allocations will be fully refunded from the sale of general obligation bonds to be issued for project completion, if the project is constructed. Staff with provide a presentation of the milestone calendar and proposed project budget. 3. EXHIBITS: 4. RECOMMENDED BY: Mayor, Staff, and Citizen Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? _ Revenue? Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ (on back) i 6. CITY COUNCIL ACTION: Councilmember 9 "- moves, Councilmember seconds to authorize the Mayor to expend additional funds on an interim basis from the general fund or any appropriate capital funds to continue project planning for the design, development and funding of the proposed Amiga Center at Kent, contingent on completion of environmental review and negotiation of the guaranteed maximum cost construction contract; and further, to authorize and ratify all acts consistent with this motion DISCUSSION: ACTION: i r Council Agenda Item No. 7A 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 REPORTS FROM SPECIAL COMMITTEES 1 -1- ENT WA3 HINOTON OPERATIONS COMMITTEE MINUTES APRIL 3, 2007 Committee Members Present. Deborah Ranniger, Debbie Raplee, and Tim Clark, Chair The meeting was called to order by Tim Clark, Chair at 4:06 p.m. 1. APPROVAL OF MINUTES DATED MARCH 20, 2007 Debbie Raplee moved to approve the minutes of the March 20, 2007, Operation Committee meeting. Deborah Ranniger seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED MARCH 31, 2007 Finance Director Robert Nachlinger presented the vouchers for March 31, 2007, for approval. Deborah Ranniger moved to approve the vouchers dated March 31, 2007. Debbie Raplee seconded the motion, which passed 3-0. 3. EXOTIC ANIMALS AS SERVICE ANIMALS FOR DISABLED PERSONS iCity Attorney Tom Brubaker and Assistant City Attorney Tom Guilfoil presented the Exotic Animals as Service Animals for Disabled Persons. Mr. Brubaker and Mr. Guilfoil advised that currently, ch. 8 03 of the Kent City Code generally prohibits private citizens from possessing exotic animals as pets within the city of Kent. The exotic animal prohibition established in Ch. 8.03 KCC currently exempts any recognized program engaged in the training of exotic animals for use as service animals, but due to an apparent omission, does not exempt possession of an exotic animal trained to do work or perform tasks for disabled persons. Last month, King County's Licensing Division contacted the city to determine if the city would consider amending its code to allow a quadriplegic to use a monkey as a service animal, which may assist a disable person with fine motor skills in such ways as opening a container or a drawer While it is important to continue to prohibit the possession of exotic animals as pets, it is also appropriate to waive this prohibition for those exotic animals which have been properly trained to perform tasks for the benefit of disabled persons. Mr. Brubaker further advised that there is no budget impact in adopting this proposed ordinance. Questions and concerns were raised by the Committee and addressed. Debbie Raplee moved to recommend council adopt the proposed ordinance which expands the definition of service animals to include exotic animals trained under a recognized program as allowed under the American with Disabilities Act. Deborah Ranniger seconded the motion, which passed 3-0. 4. TAXICAB AND VEHICLES FOR-HIRE REGULATION - ORDINANCE AND INTERLOCAL AGREEMENT WITH KING COUNTY City Attorney Tom Brubaker and Assistant City Attorney Tom Guilfoil presented the Taxicab and Vehicles For-Hire Regulation - Ordinance and Interlocal Agreement with King County Mr. Brubaker and Mr. 6uilfoil advised that RCW 81 72 210 provides that local municipalities may -2� Operations Committee Minutes April 3, 2007 Page. 2 license, control, and regulate privately operated taxicab transportation services operating within their respective jurisdictions In 1975, when the city of Kent adopted its taxicab licensing provisions, the stated intent was to adopt King County taxicab regulations However, no agreement was entered into between the City and King County for King County's regulation of taxicab and vehicle for-hire companies operating in the City of Kent. The purpose of the proposed ordinance is to correct that oversight. A number of other municipalities have entered into agreements with King County for the regulation of taxicabs and for-hire vehicles, including Bellevue, Burien, Covington, Federal Way, Kenmore, Kirkland, Maple Valley, Port of Seattle, Sammamish, SeaTac, and Seattle. Therefore, King County is well qualified and able in matters relating to the licensing and enforcement of laws relating to the conduct of the taxicab and for-hire vehicle business. Accordingly, the City desires to obtain the assistance of King County in regulating taxicabs and for-hire vehicles, and the driver's thereof, within the City of Kent In order to appoint King County as the licensing and enforcement authority of taxicabs and for- hire vehicles operating with the city, it is necessary to enter into an interlocal agreement which outlines each parties duties and responsibilities. The proposed ordinance is also needed in order to grant King County the necessary authority to enforce its code provisions within the city's Jurisdiction Mr. Brubaker further advised that there is no budget impact in adopting this proposed ordinance. Questions and concerns were raised by the Committee and addressed. Deborah Ranniger moved to recommend council adopt the proposed ordinance which amends Ch. 5.03 of the Kent City Code to appoint King County as the licensing and enforcement authority of taxicabs and vehicles for-hire operating within the City of Kent, and authorize the mayor to sign the corresponding interlocal agreement between the city and King County. Debbie Raplee seconded the motion, which passed 3-0. At the end of the meeting the Chair, Tim Clark, inquired regarding security for future funding for the LEOFF 1 which Chief Administrative Officer John Hodgson and Chair Clark determined would be addressed at the next Council Workshop. Chair Tim Clark also addressed the budget process and how the Council would like the Enterprise Fund presented in future budgets as a separate part of the budget and not included in the overall General Fund Finance Director Bob Nachlinger agreed to the request. ,J_he-,m,eetmg was adjourned at 4:36 p.m. i Renee Cameron Operations Committee Secretary City of Kent Z0 Parks and Human Services Committee Meeting Minutes KENT March 15, 2007 WASHJNOTON Call to Order: Debbie Ranniger called the meeting to order at 5:06 p.m. Council Present: Chair Debbie Ranniger, Debbie Raplee, Elizabeth Albertson sitting in for Bob O'Brien Debbie Ranniger inquired as to whether or not there were any changes or additions to the agenda There were none. Item #1: Minutes of February 15, 2007 —Approve Motion: Debbie Raplee moved to approve the minutes of February 15, 2007. Elizabeth Albertson seconded and the motion carried 3-0. Item #2: Kent Rotary Club Donation for Trailer Purchase — Accept and Amend Budget tSenior Center Manager Lea Bishop was present, along with Josh Gerstman from the Kent Rotary Club The Rotary Club recently approached Lea and asked what they could do for the Senior Center. After discussing a few different ideas, the Rotary Club decided on the donation of funds for the purchase of an enclosed trader which will be used to safely and securely haul skis, hiking equipment, golf clubs and other recreational equipment to various Senior Center events. Debbie Ranniger expressed her appreciation to Mr. Gerstman and the Kent Rotary Club for their support of the Senior Center and its programs. Motion: Elizabeth Albertson moved to recommend accepting the $1,500.00 donation from the Kent Rotary Club Foundation to purchase a covered trailer and authorizing the expenditure of funds in the Kent Senior Activity Center Budget. Debbie Raplee seconded and the motion carried 3-0. Item #3: Green River Trail Donation — Accept & Amend Budget Lon Flemm, Superintendent of Parks and Open Space, was present and introduced Frank Witmer, father of Joey Witmer, a member of Boy Scout Troop #361 Parks & Recreation staff works with Boy Scouts throughout the area to 1 develop projects of value to the city and to the Scout for attainment of the Eagle Scout honor. II Joey chose to landscape a trail head on the Green River Trail, just north of James Street, near the Bridgewater 4 housing area in the Lakes Development as his Eagle Scout protect City staff have been working with homeowners' in the Lakes development for approximately five years to establish a riparian corridor along the Green River with native trees and shrubs Joey selected this as his Eagle Scout project and worked with family and members of his Boy Scout troop to enhance this corridor along with the Bridgewater 4 Condominium owners. The Condo donated $300.00 to help buy materials, and while the City typically has $250 set aside for each Eagle Scout project, each Scout is encouraged to solicit donations of cash and/or materials as part of his leadership responsibilities to off-set total expenses. In addition to these donations, Parks Planning will be applying for a grant from King Conservation District to pay for the balance of the trees and shrubs. The project was a huge success with native trees and shrubs planted, blackberries and other invasive plants removed, and once everything matures, it will be a great wildlife habitat as well. Joey led other Scouts and completed his project in February providing 230.03 volunteer hours with a value to the city of$2,760 36. Debbie Raplee commented that during her time on the City Council, she has seen numbers of Eagle Scout projects that have taken place and applauded the Scouts for their hard work and the benefit they provide to the City. Frank Witmer commended the City and the Parks Department for their organization and alacrity with which projects are presented to the Scouts. Parks Director, Jeff Watling, remarked that it is a win/win situation for all involved. It is not only a benefit to the City, but also creates a buy-in within the community for its park system. Joey Witmer arrived and was congratulated by Lori Flemm and Debbie Raplee for his effort and the success of the project Debbie Ranniger thanked Joey for attending the meeting and expressed appreciation for Eagle Scouts who come to Committee Meetings and share their success with the Committee. Joey thanked the Parks Department for providing him with the opportunity. Debbie Ranniger also echoed the sentiments of Jeff Watling, Parks Director, regarding the win/win scenario presented when Scouts choose to work with the Parks Department in completing their Eagle Scout projects, and the benefit it provides to the community Motion: Debbie Raplee moved to recommend accepting the $300.00 donation from Bridgewater 4 in the Lakes Development for improvements made by Joey Witmer to the Green River Trail and authorizing the expenditure of funds in the Eagle Scout Projects budget. Elizabeth Albertson seconded and the motion carried 3-0. l Item #4: Quota International of Kent Valley Donation for Service Club Park - Accept and Amend Budget Lori Flemm, Superintendent of Parks and Open Space, presented a $6,000 1 donation from Quota Club, as a third installment in their initial pledge of $35,000. This donation is to be used to support the construction of Service Club Park, a 29-acre community park located in the SE corner of the city at 114th Ave and 288th Street. In recognition of contributions from various service clubs, play fields and the play area are named after each club. Since the play equipment was selected by Quota Club, it is named after them Members have planted flowers, spread topsoil and most recently, on March 3, helped to assemble picnic tables. The first games are being played today, with 12 high school fast pitch teams participating in a jamboree The Kentwood girls team played the first game The park is open and ready for use. Appreciation is expressed to the various service clubs as well as all volunteers in the community that have contributed to the successful opening of the park. Debbie Raplee commented on the park's beauty and how nice it Is. Motion: Elizabeth Albertson moved to recommend accepting the $6,000.00 donation from Quota International of Kent Valley and authorizing the expenditure of funds in the Service Club Park budget. Debbie Raplee seconded and the motion carried 3-0. jItem #5: Dena Laurent Memorial Garden Donation - Accept and Amend Budget ' Lori Flemm, Superintendent of Parks and Open Space, shared with the Committee that last fall donations in the amount of$2,183.75 were given in memory of Dena Laurent, a long time City employee who passed away, in order to plant a garden in her memory. The garden is located at Kherson Park which is located just across Gowe Street from City Hall. Donations alone paid for plants, the planter, bricks to construct the walkway, a bench and a plaque. Plant donations were also received by friends and family, as well as Teufel Nursery, Inc. here in Kent Motion: Debbie Raplee moved to recommend accepting the $2,183.75 donation from Michael Sorenson, for the Dena Laurent Memorial Garden and authorizing the expenditure of funds in the Adopt-A-Park budget. Elizabeth Albertson seconded and the motion carried 3-0. s Item #6: What's Happening — Informational Jeff Watling expressed appreciation to Joan Broom, Administrative Assistant in Parks Planning. Joan has accepted a position with the Finance Department. While it is wonderful that Joan is staying within the City, her team spirit and dedication to the department will be missed. She has been a fantastic member of the Parks & Recreation team and has attributed greatly to the success of Parks Planning. In highlighting upcoming events, Jeff outlined two items associated with the City of Kent's designation as Tree City USA. • 2007 Tree Education Program. This is a cooperative program between the Parks department, public works and environmental engineering staff It was started in 2000 with the goal of planting 2,000 trees throughout the city. This year staff is planning programs at twelve Kent Elementary Schools between the dates of March 12 and April 11 and expect over 1,100 students to participate. To date over 8,000 native trees and shrubs have been planted by Kent students. There will be a hands-on session March 28 and 29 at the Eighth Annual Waterfest Program. More than 180 Kent students will be planting trees and shrubs and learning about the benefit of those plants to our community. If individuals would like to participate and are not affiliated with one of the twelve schools, you may call Victoria Andrews at 253-856- 5113 or visit the City's website. • Arbor Day Event. This is a great volunteer opportunity for Kent residents. West Fenwick Park on Kent's West Hill has been selected as this year's i Arbor Day location and will take place on Saturday, April 14 from 9.00 i a.m. to noon. Any interested residents can come out, plant native trees and shrubs. This is a rain or shine event so please dress appropriately. For additional information the public can contact Victoria Andrews at 253- 856-5113 Lori Flemm presented a live tree planted by students during one of today's school programs. She added that when students plant trees and shrubs the one thing they enjoy is naming their plants. Those name tags are kept with the trees and shrubs when they are planted on Arbor Day. Additional items presented by Director, Jeff Watling: • The Town Square Plaza capital project bid opening is scheduled for Monday, March 26 at 10:00 a.m. • The Kent Student Art Exhibit is currently going on throughout downtown Kent This is a partnership between the Arts Commission and the Kent Downtown Partnership, wherein student art is displayed throughout 20 downtown businesses. Friday night, March 16 from 5:00-8:00 p m there will be a reception honoring the students whose artwork is displayed, followed by stage entertainment at Kherson Park at the corner of 2"d and Gowe. • Spotlight season is nearing an end. March 24, at 7:30 p.m. folk music legends Reilly & Maloney will perform at the Kent Meridian Performing Arts Center. For tickets, please call 253-856-5050. • Play Golf America Day is scheduled for Saturday April 14 at the Riverbend Golf Complex. Riverbend has been designated the western Washington location for Play Golf America and will host a number of events for new golfers, casual golfers and/or avid golfers. Demo Day will begin at 10:00 with manufacturers displaying their products and providing individuals with the opportunity to purchase those products if they so desire_ PGA teaching pros will be offering free lessons, there will be a kids' clinic in the afternoon, and the Mens' club will be hosting a tournament in the morning. This event is anticipated to draw over 1,000 participants. More information can be obtained by calling Riverbend at 253-854-3673. Jeff Watling stated that Riverbend is a regional facility that draws thousands of people, not just Kent residents, but others throughout the i region, supporting the concept that Kent is becoming a truly unique urban center 1 Debbie Raplee added that this is a great opportunity for someone who has always wondered about the game of golf to investigate it and experiment with it to see if it is something they would enjoy. The meeting was adjourned at 5 25. Respectfully submitted, Debbie Xennedy Debbie Kennedy Secretary, Parks and Human Services Committee PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY S. 2007 Committee Members: Chair Ron Harmon, Tim Clark, Elizabeth Albertson Chair Harmon called the meeting to order at 5:15 p.m. Approval of Minutes: Albertson MOVED and Clark SECONDED a MOTION to APPROVE the minutes of November 20, 2006. Motion PASSED 3-0. #ZCA-2006-3 Residential Development Standards Community Development Director Fred Satterstrom described how staff engaged the public and development community to garner their input on this project. He stated that these residential development standards will form the basis for improving single family development in Kent. Planner Matt Gilbert stated that he began to work on the Residential Development Standards in April 2006. The project was initiated by City Council's desire that neighborhood development include mixed housing types, better aesthetics, neighborhood identity, and connectivity with a ' less isolated feeling of auto-dominated neighborhoods comprised of boxy or plain housing developments. Gilbert stated that staff held a series of public workshops, discovering that the concerns voiced by the City Council and the public correlated. He stated that staff spoke with the development community who assisted them in identifying the need to incorporate workability, simplicity flexibility. Gilbert stated that the Land Use and Planning Board recommended approval of Option #2, 1 (Flexibility with Safeguards) adding amendments with the intent to address the public's and Council's concerns. He summarized Option #2 which includes a built-in design review process. Gilbert stated that staff is recommending that specific architectural standards code language be codified; to include language that focuses on the facades of buildings facing public areas without being overly prescriptive. Gilbert stated that staff has tried to increase the level of 1 aesthetic treatment in those areas where houses face streets, sidewalks, parks or other public areas. Gilbert stated that roofline variation and facade modulation regulations require a change to the rooflme or fagade every 20 feet, which will lead to more detail and better designed buildings. Gilbert stated that staff recommended that elements such as finish type uanatrons, shutters, and trim-wrapped window elements be applied to those facades as well; to help define them and present a more aesthetically pleasing look to the houses. Gilbert stated that the Land Use and Planning Board recommended that new residential developments require 60 percent diminished garages. He spoke about tree preservation standards and buffering along arterial roads around subdivisions. iGilbert stated that in speaking to developers, every square foot of ground is important to the economics of development. He stated that the City currently requires land to be set aside for purposes other then budding homes, such as storm ponds, roads, wetlands, streams and buffers, comprising around 30% of the site (excluding wetlands). He stated that any additional land intensive requirements imposed on development would take away more buildable land. PEDC Minutes 010807 Page 1 of 3 Gilbert stated that staff proposes 450 square feet per housing unit be dedicated to a centralized r open space for developments of ten lots or more, balancing the open space requirement with flexibility. Gilbert stated that staff proposes to decrease the minimum lot width standard and allow for more flexibility in lot configuration. He stated that this proposal is not suggesting density revisions in any of the zoning districts. Gilbert presented scenarios illustrating how flexibility leads to variety in housing with the potential for developing cottage housing, multifamily, duplexes, clustered housing, townhomes and condominiums. Chair Harmon opened the floor for those wishing to speak to this issue. , GARRETT HUFFMAN, MASTER BUILDER'S ASSOCIATION, 335 116T" AVENUE SE, BELLEVUE, wA stated that their Association favors Option #2 for its flexible and moderate stance. He stated that the Association would prefer a 50 percent diminished garage standard. HANS KORVE, DMP ENGINEERING, 726 AUBURN WAY N, AUBURN, wA demonstrated how a development could be constructed based on property unencumbered with either trees or wetlands with the proposed development standards. He stated that he endorses Option 2 as the least restrictive choice and asked that staff not change the setback standards so that builders can retain the 5- foot side yard widths. TOM SHARP, 24254 143RD AVENUE SE, KENT, WA illustrated a proposed PUD project where 22 homes would be constructed on a 5 acre parcel with a zoning of 4.5 under current development standards. He stated that 90% of the homes in this proposed development have diminished garages on lots ranging from 4200 to 11,800 square feet. He stated that this was accomplished by creating shared driveways, detached, rear-loaded, or setback garages. He stated that if the proposed ordinance were in affect, 25 homes could be constructed on this property. PAUL MORFORD, POST OFFICE BOX 6345, KENT, WA 98064 voiced concerns over the costs that would be passed on to the consumer. He stated that not everyone can afford to purchase big houses. He encouraged the city to consider developing a demonstration project. He stated that the majority consensus supports Option 2 as the best. He stated that he would prefer to see diminished garages reduced to 50 percent. Elizabeth Albertson MOVED and Tim Clark SECONDED a Motion to close the Public Hearing. Motion PASSED 3-0. After the Committee and staff deliberated, Tim Clark MOVED and Elizabeth Albertson SECONDED a Motion to recommend approval of the proposed changes to the Kent Subdivision Code and Kent Zoning Code described in Option #2 as amended by the LUPB and to send this on to the Full Council for consent. Motion PASSED 3-0. Ron Harmon MOVED and Elizabeth Albertson SECONDED a Motion amending the original Motion in terms of side-yard and rear-yard minimum size as stated in Option #3. Motion PASSED 3-0. Tim Clark MOVED and Elizabeth Albertson SECONDED a Motion amending the original Motion under Mixed Housing types, to include the 25 percent duplex structures from Option 1. Motion PASSED 3-0. Elizabeth Albertson MOVED and Ron Harmon SECONDED a Motion amending the original motion to adopt Option 2 by changing diminished garages from 60 to 70 percent. Motion PASSED 2-1 with Member Clark OPPOSED. r PEDC-Minutes January 8, 2007 Page 2 of 3 ITim Clark MOVED and Elizabeth Albertson SECONDED a Motion to accept the main motion as amended and send this on to consent calendar. Motion PASSED 3-0. Ron Harmon MOVED and Elizabeth Albertson SECONDED a Motion with a friendly amendment to ADD language "and city"where there is reference to County Parks. Motion PASSED 3-0. Ron Harmon MOVED and Elizabeth Albertson SECONDED a Motion to accept and forward all amendments and the main motion as stated for the record on to consent calendar. Motion ' PASSED 3-0. Community Development Director Fred Satterstrom stated that this issue will go to the City Council Workshop on Tuesday January 16" #CPA-2006-5 RECONCILING SINGLE FAMILY ZONING & LD USE DESIGNATIONS Planner Gloria Gould-Wessen described this project as one of several annual Comprehensive Plan Amendments, to be heard before City Council by March 31'. This project follows the Urban Density Study completed about one year ago, giving staff some latitude by providing us a new designation of SF-4.5. Ms. Gould-Wessen stated that this project consists of two docket items; Dkt-2006-3: submitted by Lake Meridian Community Association to lower land use and zoning density around Lake Meridian to 3 du/acre, based on their concerns with water quality and the amount of water flowing into the lake in terms of flooding; and Dkt-2006-4 submitted by Planning Services in recognition of Council's concerns with the number of rezone requests. Ms. Gould-Wessen stated that staff is exploring a range of land use and zoning options. Staff will analyze existing environmental conditions in relationship to environmental regulations, at the same time looking at infrastructure in relationship to relevant regulations. Staff will conduct public outreach forums to engage property owners. Ms. Gould-Wessen stated that 4700 brochures were mailed out to the community inviting them to three open house meetings, tailoring them such that property owners were given their specific zoning and land use. Ms. Gould-Wessen stated that that there are approximately 4500 parcels affected by this reconciliation land use study; including parcels with mapping errors, split zoning, and parcels that are zoned lower than their land use designation. Adiournment Chair Harmon adjourned the meeting at 6:25 p.m. Pamela Mottram Admin Secretary, Planning Services 5 P~IP/anIPFIn"Comm 12XIIFhMu 1010807PEDCmin Qoc PEDC-Minutes January 8,2007 Page 3 of 3 ' PUBLIC WORKS COMMITTEE MINUTES March 19, 2007 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Member Ron Harmon and Tim Clark were present. The meeting was called to order at 5:05 p.m. ITEM 1- Approval of Minutes Dated March 05, 2007 Committee Member Clark moved to approve the minutes of March 05, 2007. The motion was seconded by Harmon and passed 3-0. ITEM 2— Speed Limit on 114th Ave SE between Kent-Kanylev Road & SE 2691h Street Steve Mullen, Transportation Engineering Manager, went over the history, explaining that the Public works Committee direct ed Public Works staff to conduct a traffic engineering study to determine the appropriate speed limit for 114th Avenue SE, between Kent-Kangley Road (SR 516) and SE 269th Street and between SE 269th Street and SE 2715t Street, partially in response to a petition from a residential neighborhood to install speed bumps on SE 2715t Street and 114th Ave SE. The current speed limits are 35mps for the SE 269th Street to SE 2715Y segment. Transportation engineering staff conducted the speed studies and as a result (see exhibit A) recommends establishing a speed limit of 35 mph in both directions on the segment mentioned above. Harmon moved to recommend adoption of that the City adopt a Resolution to review the speed limit zone on 114th Avenue Southeast from the intersection of Kent-Kangley Road (SR 516) to the intersection of SE 26911h Street, to be 35 mph in both directions. The motion was seconded by Clark and passed 3-0. ITEM 3 — LID 353 Segregation Assessment/Resolution Mike Gillespie, Development Engineering Manager, gave a brief summary of this LID segregation, he explained that the Parks Condominium Association as agent for the successors in interest of Riverview South LLC, one of the first assessed owners, and Fred and Sylvia Fernando, the other owner, have requested segregation due to the development of The Parks at Kent condominiums, a phased condominium project. Clark moved to recommend the City Council pass Resolution No. directing the Finance Director to segregate Assessment No. 217, levied under LID 3S3, into assessment numbers 217-217-1. The motion was seconded by Harmon and passed 3-0. ITEM 4 — Kent East Hill Operations Center (KEHOC) This item was pulled from the agenda until a later date. ITEM 5 — Information Only/Public Works 1st Quarter Larry Blanchard, Public Works Director went over the Quarterly Report form and said that he will bring back to the Public Works Committee, major tasks that the department is working on. Information Only No Motion Required ITEM 6—Information Only/Railroad Speed Limit Modifications Steve Mullen, stated that Burlington Northern Railroad requested of the Utilities Transportation 1 Committee requested speed increase in 2001. They also requested that Willis & James speed be increased from 60 mph for freight trains and 74 mps for passenger trains. That speed increase went into affect in late December 2006. A brief discussion ensued regarding the grade crossing arms getting stuck in the down position. Information Only No Motion Required Page 1 of 2 1 U\PWCommittee\MinuteAMMinute 03 19 07 doc PUBLIC WORKS COMMITTEE MINUTES March 19, 2007 Item A. Committee Follow-up Items: • Lake Meridian Outlet Protect - Mike Mactutis said that on July 9' utility relocation work closing of road at the City boat ramp. The ramp will be closed late August to September. Information will go out in the Utility Billing insert and the Kent Reporter. • Landsburg Mine - Mike Mactutis gave a brief history of the site and said that the Department of Ecology tested one of the deep wells (700 ft.) and it came back clean two times • Lake Meridian Sheen - Mike Mactutis explained that the sheen is caused by an algae bloom that Is a non-toxic algae that typically turns up at this time of year (February). The algae blew away in the last wind storm.. • South Kent - Neighborhood meeting was held on March 21. They are in the process of setting up a neighborhood traffic council and talked about the 3rd Avenue traffic evaluation. ■ Silent Zone - Traffic analysis Item B. Public Comment Follow-ua Items: I Adiourned: The meeting was adjourned at 6:10 p.m. Next Scheduled Meetinq for: Monday, April 2, 2007 at 5:00 p.m. Cheryl Viseth, Public Works Committee Secretary Page 2 of 2 U-\PWCommRtee\Mnutes\PWMinutes 03 19 07 doc ' CONTINUED COMMUNICATIONS A. ' EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION 1 1 1 1 1 1 1 1 1