HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/17/2007 1
City of Kent
1 CityCouncil Meet*
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Agenda }
1 July 17, 2007
Mayor Suzette CookeILI
Deborah Ranniger, Council President'
i Councilmembers
Elizabeth Albertson Bob O'Brien
Tim Clark Debbie Raplee
Ron Harmon Les Thomas
KENT
■ WASH NGTON
■ City Clerk's Office
1 KENT CITY COUNCIL AGENDAS
KENT July 17, 2007
- - W A s H I N 3 T 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 CANCELLED
SPECIAL COUNCIL MEETING AGENDA
5:30 p.m.
I. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC —Citizens may request that an item be added to the
agenda at this time. Please stand or raise your hand to be recognized by the
Mayor.
1 4. PUBLIC COMMUNICATIONS
A Public Recognition
B. Community Events
(� C. Introduction of Appointee
D. Proclamation—National Night Out
�`-- E� Neighborhood Council Program Recognition
F. Public Safety Report
`C�- 5. PUBLIC HEARINGS
None
6. CONSENT CALENDAR
A. Minutes of Previous Meeting—Approve
I B Payment of Bills —None
C. Recognition of Greenfield Park Neighborhood Council, Resolution—Adopt
D. Revision to Parking Code/263rd Street SE, Ordinance— Adopt 35 q-v
E. Lake Fenwick Grass Carp Screen Project — Authorize
F. Code Amendment, Docketing & Comprehensive Plan Amendment Procedures,
Ordinance—Adopt 1S 5 t-0
1 G. Shoreline Master Program Update Grant—Accept and Amend Budget
H. Purchase of Fire Station Exhaust Extraction System—Authorize
(Continued)
COUNCIL MEETING AGENDA CONTINUED
I. Interlocal Agreement Regarding Zone 3 Special Operations—Authorize
J. Interlocal Cooperative Agreement between Valley Regional Fire Authority and
City of Kent— Authorize
K. Kent Rotary $150 Donation—Accept
' L. Kent Police Employees Benevolent Association $150 Donation—Accept
M. Washington Traffic Safety Commission $31,000 Grant—Accept
N. Kent Arts Commission Appointment—Confirm
I 0. Excused Absence for Councilmembers—Approve
P. Washington Traffic Safety Commission $4,500 Grant—Accept
I 7. OTHER BUSINESS
None
8. BIDS
None
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL
COMMITTEES
® 10. CONTINUED COMMUNICATIONS
11. EXECUTIVE SESSION
1 A. Pending Litigation
12. A ION AFTER EXECUTIVE SESSION
A. Kent 256th Rezone—Ordinance
B Cedar Pointe� Ordinance 3
13 ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the
Kent Library. The Agenda Summary page and complete packet are on the City of Kent
web site at www.ci.kent.wa.us.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office in advance
at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service
at 1-800-833-6388.
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1 CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the subject of
interest, so all may be properly heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
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B) FROM THE PUBLIC
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PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
B) COMMUNITY EVENTS
C) INTRODUCTION OF APPOINTEE
D) PROCLAMATION-NATIONAL NIGHT OUT
E) NEIGHBORHOOD COUNCIL PROGRAM RECOGNITION
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F) PUBLIC SAFETY REPORT
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' CONSENT CALENDAR
6. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through P.
Discussion
' Action
' 6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of July 3, 2007.
6B. Approval of Bills.
Figures were not available for approval
I
Council Agenda
Item No. 6 A-B
r
Special Kent City Council Meeting
KENO_WASHINGTON July 3, 2007
The regular meeting of the Kent City Council was called to order at 5:30 p m. by Mayor Cooke.
' Councilmembers present: Albertson, Clark, Harmon, O'Brien, Ranniger, and Thomas.
Councilmember Raplee was excused from the meeting. (CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration or Staff. (CFN-198) Ranmger added Item P to Consent
' Calendar.
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) Mayor Cooke introduced Patrick Briggs, her new executive
assistant.
I B. Community Events. (CFN-198) Ranmger announced events taking place for the 4th of July
and throughout the summer months.
' C. Emplovee of the Month. (CFN-147) Public Works Director Blanchard introduced Suzanne
Smith, Engineering Technician, as Employee of the Month for July.
D Introduction of Appointees. (CFN-198) Mayor Cooke noted that Councilmember Albertson
will serve on the LEOFF I Disability Board. She also introduced her appointment to the Bicycle
Advisory Board, John Bailo.
' CONSENT CALENDAR
Ranmger moved to approve Consent Calendar Items A through P Clark seconded and the motion
carried.
A. Approval of Meetine. (CFN-198) The minutes of the regular Council meeting of June 19,
2007, were approved.
B. Approval of Bills. (CFN-104) Payment of the bills received through May 15 and paid on
May 15 after auditing by the Operations Committee on June 5, 2007, were approved
Approval of checks issued for vouchers:
' Date Check Numbers Amount
5/15/07 Wire transfers 2836-2853 $1,635,L35.30
' 5/15/07 Regular 607625-608093 3,172,944.69
Use Tax Payable 1,941 74
$4,810,021.73
Payment of the bills received through May 31 and paid on May 31 after auditing by the Operations
Committee on June 5, 2007, were approved
1
Kent City Council Minutes July 3, 2007 '
Approval of checks issued for vouchers: ,
Date Check Numbers Amount t
5/31/07 Wire transfers 2854-2874 $1,598,192 68
5/31/07 Regular 608094-608732 3,374,927 95
5/31/07 Void Checks (13,025.04) '
Use Tax Payable 6,36376
$4,966,459.35 '
Payment of the bills received through June 15 and paid on June 15 after auditing by the Operations
Committee on June 19, 2007, were approved. '
Approval of checks issued for vouchers:
Date Check Numbers Amount ,
6/15/07 Wire transfers 2875-2893 $1,930,290 62
6/15/07 Regular 608733-609274 1,952,388 84
6/15/07 Void Checks (38,720 48)
Use Tax Payable 2,126.39
$3,846,085 37
Approval of checks issued for payroll for May 1 through May 15 and paid on May 18, 2007-
Date Check Numbers Amount
5118/07 Checks 297588-297907 $ 242,367.14
5/18/07 Advices 213185-213891 1,346,868 98 ,
Total Regular Payroll $1,589,236 12
Approval of checks issued for payroll for May 16 through May 31 and paid on June 4, 2007: ,
Date Check Numbers Amount
6/4/07 Checks 297908-298235 $ 238,734 64
6/4/07 Advices 213892-214600 1,383,17142
Total Regular Payroll $1,621,906 06
C TCA Architecture Consulting Services Contract for Kent Police/Fire Training Center ,
Expansion. (CFN-122) The Mayor was authorized to sign the contract with TCA Architecture
Planning in the amount of$30,000 to develop an operational program and construction cost
estimate for the expansion of the existing Police/Fire Training Center located at 24611 116th
Avenue SE. ,
D. Revised 2007 City Art Plan and 2007-2011 Five Year City Art Plan. (CFN-118) The
revised 2007 City Art Plan and Five-Year City Art Plan was approved. The purpose of these
revisions is to accommodate the Arts Commission's decision to move forward with the public art
for the Town Square Park streetscape.
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' Kent City Council Minutes July 3, 2007
E Town Square Park Artist Agreement. (CFN-118) The Mayor was authorized to sign an
agreement with Conner Studios, LLC in the amount of$160,000 for the Town Square Park Art
Proposal, subject to final terms and conditions acceptable to the Parks Director and City Attorney.
F. Turnkey Park Master Plan. (CFN-118) The Master Plan for Turnkey Neighborhood Park
was approved. In 2002, the City purchased the Vivienne Geroy property adjacent to Turnkey
Park, located on the East Hill of Kent at 23312 100th Avenue SE This additional purchase added
' an acre of land for new park amenities, including 200 feet of street frontage.
G. Kent Downtown Partnership Donation for Hanging Basket Program. (CFN-104) The
$700 donation from the Kent Downtown Partnership toward the cost of purchasing hanging flower
baskets for the 2007 season was accepted, and the expenditure of funds in the Greenhouse budget
was authorized.
H King Countv Interagency Agreement, Kent Events Center Floodplain Mitigation
Amendment. (CFN-1305) The Mayor was authorized to sign the supplement to the King County
Interagency Agreement approved on March 15, 2005, to include the Events Center Floodplain
Mitigation This amendment to the existing interagency agreement will allow the City to contract
with the King County Road Services to perform work on the Events Center Floodplain Mitigation
Project, estimated cost is $994,165.
I. Drainage Master Plan Consultant Contract. (CFN-648) The Mayor was authorized to
enter into an agreement with Anchor Environmental, LLC for the Drainage Master Plan for
$886,995 upon concurrence of contract language acceptable to the City Attorney and Public
Works Director The project will be performed in two phases, with Phase 1 consultant services at
$400,002 and Phase 2 estimated at $486,993.
J. Kent Russell Road Operations Center Architectural Contract. (CFN-1311) The Mayor
' was authorized to enter into a contract with Wagner Architect Planners for design of the Kent
Russell Road Operations Center for a total not to exceed $1,503,308, upon concurrence of the
contract language acceptable to the City Attorney and the Public works Director.
K National Barricade Trailer Mounted Variable Message Signs Contract. (CFN-1038) The
Mayor was authorized to sign the Goods and Services Agreement with National Barricade in an
amount not to exceed $39,749, upon concurrence of the contract language acceptable to the City
Attorney.
' L. Commute Trip Reduction Agreement. (CFN-171) The Mayor was authorized to sign the
Commute Trip Reduction Implementation Grant Agreement, WSDOT Agreement#GCA5394,
' upon concurrence of agreement language acceptable to the City Attorney.
M. Washington State Department of Transportation Safe Routes to School Grant.
' (CFN-122) The Washington State Department of Transportation Safe Routes to School grant was
accepted, and the Mayor was authorized to sign the agreement and the budget was amended The
purpose of the Safe Routes to Schools program is to provide children a safe, healthy alternative to
riding the bus or being driven to school.
3
Kent City Council Minutes July 3, 2007
N. LEOFF 1 Disability Board Appointment. (CFN-122) The Mayor's appointment of '
Councilmember Elizabeth Albertson to serve as a Council Representative on the LEOFF I
Disability Board was confirmed. Councilmember Albertson will replace Councilmember Tim
Clark, whose term expired Ms Albertson's term will continue until 12/31/2009.
O. Bicycle Advisory Board Appointment. (CFN-997) The Mayor's appointment of John Bailo '
to serve as a member of the Kent Bicycle Advisory Board was confirmed Mr. Bailo will fill a
vacant position on the Board and his term will continue until 12/31/2007
ADDED ITEM
P. Excused Absence. (CFN-198) An excused absence for Councilmember Raplee who is
unable to attend tonight's meeting was approved.
BIDS
A. 2007 Asphalt Chip Seal. (CFN-103) The bid opening for this project was held on June 26,
2007, with one bid received The bid was submitted by Doolittle Construction in the amount of
$t03,499 60 The Engineer's estimate was $121,402.50. Harmon moved to award the contract on
the 2007 Asphalt Chip Seal Project to Doolittle Construction, in the amount of$103, 499 60 and
authorize the Mayor to sign the agreement. Clark seconded.
In answer to questions by Councilmembers Harmon and O'Brien, Blanchard explained where the
project area is and that a thin layer of chip seal is placed over the asphalt that in most cases
provide 7-10 years additional life to the asphalt. He also explained that there will be informational
signs regarding the project and noted that cost estimates for projects are being reviewed more
frequently because of the increases in construction costs. Motion then carried
REPORTS
Council President. (CFN-198) Ranniger wished everyone a safe Fourth of July.
Mayor. (CFN-198) Mayor Cooke noted the events and meetings of the Neighborhood Councils
for July and that more information is available on the City's websrte
Operations Committee. (CFN-198) No report given.
Parks and Human Services Committee. (CFN-198) No report given.
Planning and Economic Development Committee. (CFN-198) Harmon noted that the next
meeting is on Monday, July 9th, at 5 00 p.m
Public Safety Committee. (CFN-198) Thomas noted that the next meeting is at 5.00 p.m next
Tuesday, July 10th.
Public Works Committee. (CFN-198) No report given.
Administration. (CFN-198) Hodgson updated Council on the Events Center, including
timelines, test piles, the Public Facility District, the importance of the steel and structural package,
and mechanical, electrical and plumbing work He said it does not look like there will be a bid
4 '
Kent City Council Minutes July 3, 2007
' package completed until late July or very early August, and said the City is negotiating with
Mortensen to sign a maximal allowable construction cost prior to the bid. He outlined some
budget changes and said the goal is to be under construction the early part of August He added
that there would be a special meeting the end of July for Council to approve the Events Center.
' O'Brien asked Finance Director Nachlinger to address the bond issue. Nachltnger explained about
the issuance of short term debt during the construction period and long term after the close of
construction a year later October or November 2008.
Mayor Cooke noted that the naming rights is still in negotiations with Amiga Corporation and the
' attorneys are still working out the agreements as had been committed to at the beginning The
City would see the two and half million dollar first payment on the naming rights at the time the
City breaks ground in late July.
' Brubaker described the status of the parking lot development project and that construction stopped
on the project a little over a month ago. He explained that the City has obtained a first position
deed of trust on the property He noted that the lender has asked for time to try to locate other
developers for the property and has informed us that a number of developers have expressed an
interest in the property
' Brubaker answered Ranniger's questions about the mechanical chase room and replied that the
replacement parking agreement on the property requires them to provide public restrooms and a
mechanical chase room which is basically a utility room for the town square plaza park site, as
well as extend utilities to that room so that utilities are extended to the site. Brubaker explained
that an easement adjacent to the park has been secured He noted that if construction is not
completed for the opening of the park, the City can seize the 5300,000 bond and build a
mechanical chase room and public restrooms on the Springboard property He also noted this
would not void future obligations by the developer
Harmon asked if there was construction at the present time, completion and opening of this park.
Hodgson replied that the anticipated completion date is around the first part of December
' depending on the weather because a lot of concrete will be poured.
Hodgson reminded Councilmembers about a 10-minute Executive Session and do not anticipate
action following the meeting regarding pending litigation
EXECUTIVE SESSION
' The meeting recessed to Executive Session at 6:19 p.m. and reconvened at 6:41 p.m.
ADJOURNMENT
The meeting adjourned at 6:41 p.m. (CFN-198)
Mary Simmons
Deputy City Clerk
5
' Kent City Council Meeting
Date July 17, 2007
Category Consent Calendar
' 1. SUBJECT: RECOGNITION OF GREENFIELD PARK NEIGHBORHOOD
COUNCIL, RESOLUTION — ADOPT
2. SUMMARY STATEMENT: Adopt Resolution No. which recognizes the
Greenfield Park Neighborhood Council, supports its community building efforts, and
confers all opportunities offered by the City's Neighborhood Program.
The City's new Neighborhood Program is an initiative designed to foster better
communication among residents in a geographic area and city government The
underlying objective of the program is to provide an avenue for residents to work
together to enhance the livability of their neighborhoods In order to further that
objective, the program encourages organization of neighborhood councils. These
councils serve as independent, non-profit organizations promoting resident-based
' efforts for neighborhood improvements while also establishing partnerships between
City government and the neighborhoods they serve.
' 3. EXHIBITS: Resolution
4. RECOMMENDED BY: Planning & Economic Development Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
' DISCUSSION:
ACTION:
Council Agenda
Item No 6C
RESOLUTION NO.
1
A RESOLUTION of the city council of the city of
Kent, Washington, recognizing the Greenfield Park
Neighborhood Council.
RECITALS
A. The City of Kent has developed a Neighborhood Program to promote
' and sustain an environment that responds to residents by building partnerships
between the City and its residents. In addition, the City of Kent encourages
residents to work together to form geographically distinct neighborhood councils
' as a means to foster communication among residents and to enhance their sense
of community.
B. The City of Kent recognizes and supports neighborhood councils by
endorsing a process to establish neighborhood boundaries, approve neighborhood
councils, and provide neighborhood grant matching program opportunities to make
improvements in defined neighborhoods.
C. The Greenfield Park neighborhood consists of approximately 26
housing units and is bounded to the north by property owned by King County and
identified as tax parcel number 2822049203, to the east by 28"' Avenue South, to
the south by South 270`h Street, and to the west by the Secoma Hi-Way Trs Plat
recorded under King County Recording No. 7682800155. On May 19, 2007, the
Greenfield Park neighborhood completed and turned in an official registration form
requesting that the City recognize the Greenfield Park Neighborhood Council,
allowing it to take advantage of all the opportunities offered by the City's
Neighborhood Program, including the City's grant matching program.
1 Greenfield Park —
Neighborhood Council
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. - Recognition of Neighborhood Council. - The City Council for
the City of Kent hereby acknowledges the effort and commitment of the Greenfield
Park neighborhood and all those who participated in forming the Greenfield Park
Neighborhood Council. The Kent City Council hereby recognizes Greenfield Park as
an official Neighborhood Council of the City of Kent, supports Greenfield Park's
community building efforts, and confers on the Greenfield Park Neighborhood
Council all opportunities offered by the City's Neighborhood Program.
SECTION 2. - Severabilitv. If any section, subsection, paragraph, t
sentence, clause or phrase of this resolution is declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions
of this resolution.
SECTION 3. - Ratification. Any act consistent with the authority and prior ,
to the effective date of this resolution is hereby ratified and affirmed
SECTION 4. - Effective Date. This resolution shall take effect and be in
force immediately upon its passage.
PASSED at a regular open public meeting by the city council of the city of
Kent, Washington, this day of , 2007. j
CONCURRED in by the mayor of the city of Kent this day of
2007.
SUZETTE COOKE, MAYOR
2 Greenfield Park -
Neighborhood Council
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
passed by the city council of the city of Kent, Washington, the day of
2007.
BRENDA JACOBER, CITY CLERK
.GrnNaww,w.Mee.naoacezc,..M.w aoc +
3 Greenfield Park —
Neighborhood Council
' Kent City Council Meeting
Date July 17, 2007
Category Consent Calendar
1. SUBJECT: REVISION TO PARKING CODE/263RD STREET SE,
ORDINANCE — ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. which amends Kent City
Code section 9 38 020 to delete the parking prohibition on Southeast 263`d Street from
124`h Avenue Southeast to 500 feet west of 1241h Avenue Southeast.
With the construction of SE 263`d Street to full width, from 1241h Avenue SE to a point
approximately 500 feet west of 1241h Avenue SE, there is no need for the parking
prohibition.
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
' DISCUSSION:
ACTION:
' Council Agenda
Item No. 6D
i
i
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ORDINANCE NO.
AN ORDINANCE of the city council of the city of
Kent, Washington, amending section 9.38 020 of the
Kent City Code, entitled "No parking zones," to remove
the parking prohibition on Southeast 263rd Street from
124th Avenue Southeast to 500 feet west of 124th
Avenue Southeast.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 9.38.020 of the Kent City Code,
' entitled "No parking zones," is amended as follows.
Sec. 9.38.020. No parking zones. At such time as the traffic engineer
1 shall place the appropriate sign or signs, it shall be illegal to park any motor
vehicle or other vehicle, as those terms are defined in Chapter 46.04 RCW, at any
time upon and on either side of, unless otherwise indicated, the following
roadways or portions thereof:
125. Southeast 263rd Street fr8m-124th Av e!gHe Sautheastte 5()G feet Wit124th Avenue Seatheast.
1256. Southeast 264th Street: from 124th Avenue Southeast to 127th Avenue
Southeast, north side only.
1 Repeal No Parking Zone
for Portion of Southeast 263rd St.
126-7. Southeast 267th Street: from 102nd Avenue Southeast to 104th Avenue
Southeast, north side only.
1278 SR 99 (Pacific Highway South): from Kent-Des Moines Road (SR 516) to
South 272nd Street.
1289. West Cloudy Street: from 4th Avenue North to 5th Avenue North.
13G29.West Gowe Street: from 6th Avenue South to 300 feet east of 6th Avenue
South.
130�. West Harrison Street: two hundred (200) feet west of 2nd Avenue North to
2nd Avenue North, north side only.
1312. West Harrison Street: from one hundred seventy (170) feet east of 4th
Avenue North to 4th Avenue North.
1323. West James Street/East James Street/South 240th Street/Southeast 240th
Street: from Russell Road to 148th Avenue Southeast.
1334. West Meeker Street: from Kent-Des Moines Road (SR 516) to 6th Avenue
South.
134§. West Saar Street: from west end of street to 4th Avenue South, south side t
only.
1356. West Sam Street: from West Valley Highway (SR 181/Washington Avenue)
to end of street.
136-7. West Smith Street/East Smith Street: from 64th Avenue South to Jason
Avenue South.
1378. West Temperance Street. from Ramsay Way to 1st Avenue North.
1389. West Valley Highway South/Washington Avenue South/Washington Avenue
North/68th Avenue South: from south city limits to north city limits.
13949.West Willis Street/East Willis Street: from 4th Avenue South to Central
Avenue South.
1404. Woodland Way South: from East Maple Street to the driveway of Scenic Hill
School.
SECTION 2. - Severability. If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance and
the same shall remain in full force and effect.
2 Repeal No Parking Zone
for Portion of Southeast 263rd St.
SECTION 3. - Effective Date. This ordinance shall take effect and be in
Force thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
IAPPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of July, 2007.
APPROVED: day of July, 2007.
PUBLISHED: day of July, 2007.
I
I hereby certify that this is a true copy of Ordinance No. passed by
the city council of the city of Kent, Washington, and approved by the mayor of the
city of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
e�CMgQ'Jlna.rceylaFaMingzono-saaMeaR263st Jac
3 Repeal No Parking Zone
for Portion of Southeast 263rd St.
i
Kent City Council Meeting
Date July 17, 2007
Category Consent Calendar
1. SUBJECT: LAKE FENWICK GRASS CARP SCREEN PROJECT—
AUTHORIZE
2. SUMMARY STATEMENT: Authorize staff to retain King County's services
under an existing interlocal agreement for work on the Lake Fenwick Grass Carp
Screen project in an amount not to exceed $25,930, and authorize the Mayor to sign all
necessary documents.
3 EXHIBITS: Scope of Work and existing interlocal agreement
4 RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? _
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:
ICouncil Agenda
Item No 6E
i
10
King County
King County Department of Transportation
Road Services Division
155 Monroe Avenue Northeast
Renton WA 98056-4199
Scope of Work—Lake Fenwick Grass Carp Screen
King County Project Tracking number 3-2020
May 2e, 2007
I. Project Description
Lake Fenwick is infested with an invasive weed, Brazilian elodea. The elodea
causes water quality problems in the lake that impacts fish, wildlife, adjacent
landowners and the general public The City of Kent has proposed to control this
invasive aquatic vegetation in Lake Fenwick by stocking the lake with sterile
grass carp as a biological vegetation control mechanism. Grass carp control
vegetation by browsing on it.
Grass carp are not a native species in Washington waters. Introduction of grass
carp into waters of the State is allowed only if the grass carp are prevented from
escaping the lake and invading other water-bodies.Therefore the outlet from the
lake must be screened in a manner that prevents grass carp from migrating
downstream to other water bodies in the Mill Creek and Green river basin. One
mechanism for an effective barrier to downstream migration of grass carp is the
placement of a screen in the outlet stream a short distance downstream from
the lake.
Construction of the screen will require instaltation of a culvert in the ditched
outlet stream adjacent to 52"d Avenue South in un-incorporated King County in
the King County owned and maintained Road Right-of-Way. A metal trash rack
will be fabricated and attached to the culvert inlet in a manner that prevents
downstream passage of grass carp. The culvert and screen will be designed in
accordance with the conditions of the King County Surface Water Design
Manual, the King County Road Safety and Design Standards and any conditions
i imposed by the Washington Department of Fish and Wildlife No purchase of
Right-of-Way is required for this project.
It. Project Objective
Prevent grass carp escape from Lake Fenwick by the design, construction and
installation of a screen in the outlet stream.
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IIL Scope of Work
The Contractor(King County) shall provide all design engineering, labor,
equipment and materials to design,construct and install the screen. All work will
be done in accordance with the contract specifications, plans and permit
requirements. The Contractor will be responsible for using Best Management
Practices and erosion control methods. The Contractor will obtain any permits
required by King County Department of Development and Environmental
Services for this work.The City of Kent shall obtain any other permits required by
State and Federal regulations.
The City of Kent shall be responsible for ail maintenance of the screen to ensure
that the screen remains functional and does not contribute to flooding of public or
private property.
The Contractor shall conduct the work on a time and materials basis in
accordance with the Contractor's good faith cost estimate The Contractor will
accept changes to the scope of work, providing that all parties agree to the
changes.
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CITY OF KENT PROJECT ESTIMATE
LAKE FENWICK FISH BARRIER PROJECT
Design #of hours Hr Rate Total
El 8 $ 7500 $ 60000
Ell 40 $ 8500 $ 3,40000
EIII 8 $ 9500 $ 76000
Environmental
EIII 12 $ 9500 $ 1,14000
EIV 2 $ 10500 $ 21000
Administrative
PAII 12 $ 7500 $ 90000
PAIII 12 $ 8500 $ 1,020 DO
Permitting Fees 6.9 $ 14490 $ 1,00000
Construction #of days
Drainage Crew 2 $ 8,200.00
Equipment 2 $ 1,460.00
Welder 16 hrs $65.00/hr $ 1,040 00
Construction Material length Unit$
36'CMP(ft) 50 $ 5000 $ 2,50000
1"aluminum bars(ft) 20 $ 1000 $ 20000
asphalt(ton) 5 $ 10000 $ 50000
•Maintenance #of years
Emergency Response 1 $ 3,000.00 $3,000 00
Grand Total $25,930.00
I
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Form A Page 1 of 1
13
Discretionary Work Request for King County Road
Services
FORM A
City of: kent Request Number: KT-013 Date: 06/11/2007
Problem Description: Lake Fenwick is infested with an invasive weed, Brazilian elodea. The
City has proposed to control this invasive vegetation in Lake Fenwick by stocking the lake with
sterile grass carp as a biological vegetation control mechanism. Before grass carp can be
introduced to the lake, controls must be in place to ensure the carp do not leave the intended
area.
Nature of Request: City of Kent is requesting that a outlet channel fish screen be designed,
fabricated and installed by King County along 52nd Ave South. A metal trash rack will be
fabricated and attached to the culvert inlet in a manner that prevents downstream passage of
grass carp. No purchase of Right of Way is required for this project.
Location: South King County, along 52nd Avenue South and south of Lake Fenwick.
Attachments:
City Priority: High
Special scheduling requirements: Construction is necessary within the HPA fish window.
State and Federal permits will be secured by the City of Kent
City Project Manager-Telephone Number: Matt Knox, 253-856-5551
Authorized By: Beth Tan Date: 06/11/2007
http://www.metrokc.gov/kcdot/roads/discretionary/dataentry.aspx?m=KT-013 6/11/2007
INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND
THE CITY OF KENT FOR PROVISION OF SERVICES BY
tTHE KING COUNTY ROAD SERVICES DIVISION
iTHIS AGREEMENT is made and entered into by and between King County,hereinafter called the
"County," and the City of Kent,hereinafter called the "City."
RECITALS
A. The City owns public roads and traffic devices which require maintenance and/or other
improvements.
B. The City wishes the County Road Services Division to provide or perform certain services for
the City.
C. The parties can achieve cost savings and benefits in the public's interest by having the County
complete those services for the City at the City's expense.
D. This Agreement establishes the City's role and responsibilities as the recipient of such services
and the County's role and responsibilities as the provider of such services.
E. The parties are authorized by RCW Chapter 39.34 to enter into an interlocal cooperation
agreement of this nature.
NOW,THEREFORE,the parties agree as follows:
TERMS AND CONDITIONS:
1. Services
1.1 The County Road Services Division will,upon the City's request,provide the City
with Traffic Maintenance,Road Maintenance,Construction Management and
Engineering,Environmental services and other road related services. Examples of
the types of Traffic and Road Maintenance services to be provided are contained in
Exhibit 1 of this Agreement. The services provided to the City shall be any service
that the City requests to the extent that the County Road Services Division is able to
provide such service.
1.2 The County shall only perform services as requested by the City through the
Procedure described in Section 2 below.
1.3 The County shall act as a contractor of services only and will not purport to
represent the City professionally other than in providing the services requested.
2
1.4 The County shall be the lead agency for the completion of work items requested by
the City. The County shall provide services in the type,nature, and magnitude
requested by the City.
1.5 In the event either party decides to make changes to the work items requested that
alters the original scope of work,written notification from the City authorizing such
changes shall be required preceding any such work.
2. Procedure for Requesting Services
2.1 The City shall request services fiunished by the County through the procedure
identified in Exhibit 2 of this Agreement.
2.2 The County shall provide the City with a cost estimate for individual service
requests.
3. County and City Coordination
3.1 The City and County shall notify each other in writing of their respective operations
liaison(s)responsible for administering day-to-day operational activities related to
the provision of services under this Agreement.
3.2 The County and City liaisons shall meet as needed to review performance or to
resolve problems or disputes. Any problems or disputes which cannot be resolved
by the City and County liaisons shall be referred to the authorized City
representative and the Road Services Division Director.
4. Personnel and Equipment
4.1 The County is acting hereunder as an independent contractor so that:
a. control of personnel standards of performance,discipline,and all other aspects
of work shall be governed entirely by the County;
b. except as described in 4.3 below,all persons rendering service hereunder shall
be for all purposes employees of the County.
4.2 The County shall fiunish all personnel,resources, and materials deemed by the
County to be necessary to provide the services herein described and subsequently
requested and authorized by the City.
4.3 In the event the County uses a contractor to perform one or more of the services
requested by the City,the appropriate supervision and inspection of the contractor's
work will be performed by the County.
2
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5. Cornsation
5.1 Costs.The City will pay the County for actual costs(direct labor,employee benefits,
equipment rental, materials and supplies,utilities,permits, and adcrunistrative
overhead costs)for the services provided by the County as set forth herein.
Administrative overhead costs for each work item shall be charged as a percentage
of direct labor costs.
5.2 Billing. The County shall bill the City monthly for the costs of services provided.
The monthly bill will reflect actual costs plus the administrative overhead set forth
in Section 5.1 above. Payments are due within 30 days of the City's receipt of said
invoice,with one percent per month interest being charged to the City as a
delinquent charge,starting 30 days after the billing date.
5.3 Extraordinary Costs. Whenever the City desires to modify a requested service, it
shall notify the County in writing of that desire,and the County shall, before
providing the modified service,advise the City in writing as to whether the ;
modification would result in any increased or extraordinary costs and the amount
thereof. If,after receiving such notification, the City authorizes the modification of
service in writing,then it shall be responsible for any increased or extraordinary
costs in the amount specified by the County. If the City decides not to authorize the
modification of service, it shall notify the county in writing, and advise the county
whether service shall continue as originally requested or the city cancels the request.
If the City cancels the request,the City shall be responsible for all cost incurred by
the County prior to and in connection with the cancellation.
6. City Responsibilities
6.1 The City hereby gives authority to the County to perform services within the City
limits for the purposes of carrying out this Agreement.
6.2 The City is responsible for obtaining any permits or other authorizations that may be
necessary for the County to carry out the work under this Agreement.
6.3 Nothing in this Section shall alter the status of the County and the Road Services
Division as an independent contractor of the City,and the County's actions shall not
be deemed to be those of the City when exercising the authority granted in this
Section 6.
7. County Responsibilities
7.1 The County shall fiunish and supply all necessary labor, supervision,machinery,
equipment,materials,and supplies to perform the services requested by the City.
3
7.2 The County shall make every effort to recognize pertinent City deadlines for
completion of services, and shall notify the City of any hardship or other inability to
perform the services requested, including postponement of work due to
circumstances requiring the County to prioritize its resources toward emergency-
related work outside of the City limits.
9. Duration
8.1 This Agreement is effective upon signature by both parties,and shall remain in
effect for the remainder of the calendar year in which it is signed and throughout the
following calendar year.
8.2 Thereafter,this Agreement shall renew automatically from year to year effective
January 1 to December 31 of each calendar year, unless either party notifies the
other in writing to terminate or make substantial changes to this Agreement by April
1 of the preceding calendar year.
9. Indemnification
Washington State law shall govern the respective liabilities of the parties to this Agreement
for any loss due to property damage or injury to persons arising out of activities conducted
pursuant to it.
10. Insurance
The County certifies that it is fully self-insured
11. Audits and Insmfions
The records and documents pertaining to all matters covered by this Agreement shall be
retained and be subject to inspection,review,or audit by the County or the City during the
term of this Agreement and for three(3)years after termination.
12. Entire Agreement and Amendments
This Agreement contains the entire written agreement of the parties hereto and supersedes
any and all prior oral or written representations or understandings. This Agreement may be
amended at any time by mutual,written agreement between the parties.
4
13. Invalid Provisions
If any provision of this Agreement shall be held invalid,the remainder of the Agreement
shall not be affected if such remainder would then continue to serve the purposes and
objectives of the parties.
14. Other Provisions
14.1 Nothing contained herein is intended to, nor shall be construed to, create any
rights in any party not a signatory to this Agreement, or to form the basis for any
liability on the part of the City and the County, or their officials, employees,
agents or representatives, to any party not a signatory to this Agreement.
14.2 Waiver of any breach of any provision of this Agreement shall not be deemed to
be a waiver of any prior or subsequent breach and shall not be construed to be a
modification of the terms of this Agreement.
14.3 The headings in this Agreement are for convenience only and do not in any way
i limit or amplify the provisions of this Agreement.
14.4 This Agreement contains the entire agreement of the parties and any
representations or understandings,whether oral or written,not incorporated herein
are excluded.
IN WITNESS WHEREOF,the parties have executed this Agreement effective as of the
date last written below.
K
INGFbou7nry
C K,XNT
O�5
Date Date
Approved as to Form App ed as to rm
g County Deputy Prosecuting Dep e t
Attorney
5
Exhibit 1
1. Traffic Services: The following are examples of traffic services provided by the County.
Actual services provided will be those requested by the City, and the County shall
provide such services in the magnitude,nature, and manner requested by the City. The
City shall set its own service level standards and policies for all roadway features. The
County is merely a contractor for the purpose of implementing City roadway service
standards and policies.
1.1 Sign Maintenance: Replacing faded sign faces and rotten posts, straightening
leaning posts,cleating uncleated posts, relocating signs for visibility or pedestrian
safety,maintenance of vandalized signs or signs damaged by vehicle accidents,
inspection of signs to check for reflectivity, cutting or trimming bushes or limbs
blocking visibility, removal of signs when appropriate, installation of new signs
upon City request.
1.2 Signal Maintenance: Replacing and cleaning light systems for signal and flasher
displays and signs, installation and repair of vehicle detector loops, checking and
adjusting signal timing, examining traffic signal operation to assure it is operating
as intended, inspecting hardware for wear or deficiencies, testing and repairing of
electronic control devices and components, repair or replacement of signal and
flasher displays and supports or wiring external to controller cabinets,modification
of controller cabinets,testing of new and modified cabinets and control devices,
traffic counter testing and repair,preventative maintenance.
1.3 Sign Fabrication: Design and Fabricate signs of any size as needed by the City.
1.4 Crosswalks: Refurbishing with thermoplastics and temporary tape and removal
when appropriate.
1.5 Stop Bars: Refurbishing with thermoplastics and temporary tape and removal when
appropriate.
1.6 ArrowvLegends: Remarking worn arrows and removing when appropriate.
1.7 Curb Painting: Maintenance of curbing, islands,and parking stalls.
1.8 Raised Pavement Markers: Removal and replacement of raised pavement markers
or rumble bars.
1.9 Striping: Painting linear road stripes on pavement,such as centerlines, edge lines,
radius and channelization, removal of lines, stripes, or symbols.
6
1.10 Street Lights: Replacement of light bulbs in existing street lights not maintained by
power companies, repair and replacement of street light heads, poles, or wiring.
1.11 Utility Locating: Locating underground traffic facilities for utilities or other
digging operations.
1.12 Flasher/Crosswalk Preventative Maintenance: Examining to assure equipment is
operating as intended and inspecting hardware for wear or deficiencies.
2. Roadwa Maintenance: The following are examples of roadway maintenance services
provided by the County. Actual services provided will be those requested by the City,
and the County shall provide such services in the magnitude, nature, and manner
requested by the City. The City shall set its own service level standards and policies for
all roadway features. The County is merely a contractor for the purpose of implementing
City roadway service standards and policies.
2.1 Traveled Roadway Surface: Patching, crack pouring,pre-level work, pavement
replacement, grading, dust control.
2.2 Shoulders: Restoration construction,paving, curb and gutter repair, spraying,
extending pavement edge.
1 2.3 Drainage: Installation of drainage pipe, curb, catch basins, culvert headers/trash
racks;hand ditching, drainage pipe repair, catch basin and manhole cleaning, blade
ditching/shoulder pulling, drainage systems cleaning, pipe marking, drainage
preparation, catch basin repair, culvert header/trash rack replacement and repair,
bucket ditching, catch basin replacement, erosion control, catch basin/manhole
cover replacement, silt removal, Ditchmaster ditch cleaning.
2.4 Structures: Installation of rock, gabion and rip-rap walls, guardrails, fencing,
median barrier walls; rock wall repair or replacement, guidepost installation,
guardrail repair,retaining wall repair, median barrier replacement, guardrail post
removal, fencing repair, bridge repair.
2.5 Traffic and Pedestrian Facilities: Concrete sidewalk installation, sidewalk/walkway
repair,hazardous material cleanup, street sweeping, street flushing, snow and ice
control,maintaining traffic control barricades.
2.6 Roadside: Landscape restoration, slopelshoulder mowing, litter pickup, hand
brushing, danger tree removal, landscape maintenance, slide removal, ornamental
tree maintenance,tree trimming,hand mowing,roadside spraying, tansy ragwort
Spraying, washout repair.
7
1
Exhibit 2
Services Request Process
1. City liaison completes a"Request and Approval for Services"(Form A attached).
2. City Mayor, or designee, signs under the heading "Authorization for Request of Services"
on the Form B.
3. The Form A is transmitted to the County liaison.
4. The County liaison delegates the request to the appropriate Section for review.
5. A County Section representative will complete Form A of the "Request and Approval for
Services." Form B will include the recommended action, cost estimate, and proposed
schedule. If the Road Services Division is unable to provide the requested service, a
notation will be made on the Form B, and the form will be returned to the City in a timely
manner.
6. The County's cost estimate will include all applicable costs for the service requested as
described in Section 5.1 of the Agreement.
7. If the cost estimate is$500 or less,the County may proceed with the requested service as
authorized by the city representative on Form A. If the cost estimate is over S500, Form
B is transmitted to the City liaison for authorization. The signed Form B is then
transmitted back to the County.
8. The County shall complete the requested work upon receipt of the signed Form B. If the
County is unable to compete the work in accordance with the proposed schedule,it shall
notify the city immediately.
9. The County and City liaisons maintain a file of all service requests.
10. The County liaison maintains a tracking system of all the service requests and provides
the City with an updated report at least quarterly.
8
REQUEST AND APPROVAL FOR SERVICES
CITY OF KENT
FORM A
iRequest Number:
Date:
Nature of Request:
tLocation:
jRequester Name:
Address:
Telephone:
Authorization for Request of Services:
City Authorized Signature Date
FORM B
Date: Project/Work Order Number:
' Recommended Action:
Cost Estimate:
Proposed Schedule:
Authorization to Proceed: Date Completed:
Director, Road Services Division Date
' City Authorized Signature Date
(if cost estimate over $500)
9
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Kent City Council Meeting
Date July 17, 2007
Category Consent Calendar
1. SUBJECT: CODE AMENDMENT, DOCKETING & COMPREHENSIVE PLAN
AMENDMENT PROCEDURES, ORDINANCE — ADOPT
1 2. SUMMARY STATEMENT: Adopt Ordinance No. , amending
Chapter 12 02 of the Kent City Code, which includes procedures for amending the
comprehensive plan and development regulations.
This code amendment makes the process more flexible, more sensitive to time frames
required for complex comprehensive plan amendments, and more supportive of
implementation of the City's long-term plans.
3. EXHIBITS: Ordinance and staff memo dated 7/10/07
t4. RECOMMENDED BY: Planning & Economic Development Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditures 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:
ICouncil Agenda
Item No. 6F
r
rCOMMUNITY DEVELOPMENT
i Fred N. Satterstrom, AICP, Director
■ KENT PLANNING SERVICES
Charlene Anderson,AICP, Manager
W r S ENT
N G T G N
Phone: 253-856-5454
Fax- 253-856-6454
Address 220 Fourth Avenue S.
' Kent, WA 98032-5895
July 10, 2007
TO: Mayor Suzette Cooke, Council President Ranniger and City Council Members
FROM: Charlene Anderson, AICP, Planning Manager
RE: #ZCA-2007-3 — Docketing and Comprehensive Plan Amendment Procedures
tMOTION: Adopt Ordinance No. , amending chapter 12.02 of the Kent
City Code as recommended by the Planning & Economic Development
Committee.
SUMMARY: At their July 9th meeting, the Planning & Economic Development Committee
unanimously recommended approval of an amendment to chapter 12.02 of the Kent City Code
regarding docketing and procedures for amending the comprehensive plan and development
regulations as recommended by the Land Use & Planning Board. The proposed amendments
generally provide clarification, simplification, and flexibility The SEPA official has determined
the amendments are procedural in nature and no further SEPA review is required.
BUDGET IMPACT: None
BACKGROUND: The Growth Management Act outlines a procedure for jurisdictions to follow
i that assists the public in suggesting amendments to the Comprehensive Plan, development
regulations, and growth policies on an annual basis. Docketing refers to compiling and
maintaining a list of suggested changes to the comprehensive plan or development regulations
to ensure they will be considered by the City and will be available for review by the public.
The proposed amendments to KCC 12.02 provide for more flexibility, provide more sensitivity to
time frames required for complex Comprehensive Plan amendments, and are more supportive
of implementation of the long-term plan. The process schedule has been modified, new
evaluation criteria provided, public participation process defined, submittal and review process
clarified and amended, and procedure for related zoning map amendments clarified as a quasi-
judicial procedure. There are no fees for processing docketed items.
C4 Pm S.IPermitlPlanIZONECODEAMEND120071ZC4-2007-3 DocketProceduresRevrsionslCCICC071707..doc
cc Fred N Satterstrom,AICP, CD Director
Project File#ZCA-2007-3
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ORDINANCE NO.
1 AN ORDINANCE of the city council of the city of
Kent, Washington, amending chapter 12.02 of the Kent
City Code, entitled "Procedures for Amendments to
Comprehensive Plan and Development Regulations," to
clarify, simplify, and provide flexibility. (ZCA-2007-3).
RECITALS
IA. The city of Kent has established procedures and substantive criteria for
amending the Comprehensive Plan and development regulations in Chapter 12.02 of the
1 Kent City Code. This chapter also contains the city's docketing process. Docketing
refers to compiling and maintaining a list of suggested changes, from city staff or the
public, to the comprehensive plan or development regulations to ensure that the
changes will be considered by the city and are available for review by the public. The
city's initial docketing process was adopted in November 2004. The current
amendments to Chapter 12.02 are intended to make the process more flexible, more
sensitive to time frames required for complex comprehensive plan amendments, and
tmore supportive of implementation of the city's long-term plans.
B. On June 5, 2007, the city provided the State of Washington the
notification required under RCW 36.70A.106 of the city's proposed amendments. On
' June 20, 2007, the state granted expedited review of this issue and provided its
confirmation that the city met the requirements of RCW 36.70A.106.
C. The city's SEPA responsible official determined the proposed
amendments were procedural in nature and no further SEPA review is required.
1 Docketing and
Amendment Procedures
1
D. The Land Use and Planning Board held a workshop regarding these r
issues on June 11, 2007, and a public hearing on June 25, 2007 The amendments
were also considered by the city council's Planning and Economic Development
Committee on July 9, 2007. On July 17, 2007, the city council approved
amendments to Chapter 12.02 of the Kent City Code.
NOW THEREFORE, THE CITY COUNCIL OFTHE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Chapter 12.02 of the Kent City Code, entitled
"Procedures for Amendments to Comprehensive Plan and Development Regulations,"
is amended as follows:
Sec. 12.02.005. Purpose.
The purposes of this chapter are to establish the procedures and review criteria j
for amending the city's comprehensive plan and development regulations and to
provide for public participation Amendments to the comprehensive plan are the
means by which the city may modify its twenty-year plan for land use, development or
growth policies in response to changing city needs or circumstances. Comprehensive
elan and development regulation amendments will be reviewed in accordance with the
state Growth Management Act (GMA) and other applicable state laws, the countywide
planning policies, and the Kent Comprehensive Plan. Comprehensive Plan and
development regulation amendments will be afforded appropriate public review
pursuant to this chapter.
Sec. 12.02.010. Aamendments and exceptions. j
A. The Comprehensive Plan shall be amended pursuant to this chapter no more
than once each calendar year as part of the annual cycle established in this
chapter,A.........-1.... nts to the
. eh.,...-..,,. plan 'and . n9ap, eempFeheigsivepace
erfc-efristanees eF needs-ef the eity via the annual deeke> Preeess.
2 Docketing and
Amendment Procedures
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year, except that under the following circumstances, amendments
whiehmay be processed separately and in addition to the ^`,annual
;ycle e:
jA_ . If an emergency exists, which is defined as an issue of community-wide
significance that promotes the public health, safety, and general welfare;
8 2. To resolve an appeal of a comprehensive plan filed with a growth
management hearings board or with the court;
E 3. To adopt or amend a shoreline master program under the procedures
set forth in Chapter 90.58 RCW;
$ 4. The initial adoption of a subarea plan; and
The amendment of the capital facilities element of the comprehensive
I plan that occurs concurrently with the adoption or amendment of the city budget.
The city council will hold the public hearing on this matter rather than the land use
and planning board.
B. Annual cycle amendments to the Comprehensive Plan may be made to
address technical updates and corrections, and to consider amendments that do not
require substantive changes to policy language, This review may be referred to as
the annual cycle.
C. Every seven years from December 1, 2004, the city shall complete a
comprehensive review of the Comprehensive Plan in order to update it as appropriate
and to ensure continued compliance with the GMA. This review may provide for a
cumulative analysis of the twenty-year plan based upon official population growth
forecasts, benchmarks, and other relevant data in order to consider substantive
changes to policy language.
3 Docketing and
Amendment Procedures
Sec. 12.02.020. Concurrent review for comprehensive plan
amendments.
Unless an exception is identified in KCC 12.02.010(A), T^ ^^^s '^-^^ ^^^ ,'
city staff, the land use and planning board,
and the city council shall consider all proposed Comprehensive Plan text and land use
map amendments concurrently so as to assess their cumulative impact.
Sec. 12.02.025. Docketing purpose.
The rt..Pese of this ehapceF is te establish ....I. and review ..:4...:..
1
PiFepesals will be EeRsidered by the elty aFgd will be available for review by the publie.
t
A. In accordance with RCW 36.70A.470 a list of suggested changes to the j
comprehensive plan text, area-wide comprehensive plan land use map, or
development regulations shall be coordinated by the planning services office. The list j
shall be known as the docket and is the means to suggest a change or identify a
deficiency in the Comprehensive Plan or development regulations. Any interested '
party may submit items to the docket using the docket form prescribed by the
planning services office.
B. A property owner or authorized agent of the property owner shall request a
site-specific amendment to the land use map of the comprehensive plan by submitting
a complete application for comprehensive plan map amendment, an environmental
checklist and applicable fees. The application will be processed in accordance with
Process VI as described in KCC 12.01 and shall be considered concurrently with the
annual docket. Separate site-specific zoning district map amendments may be
processed under Section 15.09.050(A)(3).
C. The docket request for Comprehensive Plan amendments and development
regulations shall include the following elements, if applicable:
4 Docketing and
Amendment Procedures
r
I A detailed statement of the proposed amendment and reason for the
amendment;
2 A statement of anticipated impacts of the change, including geographic
jarea affected and issues presented;
3. A demonstration of why existing comprehensive plan guidance and
development regulations should not continue in effect or why existing criteria no longer
apply;
4. A statement of how the amendment complies with the Growth
Management Act's goals and specific reauirements;
S. A statement of how the amendment complies with the Countywide
Planning Policies; and
6. A statement of how functional plans (e.g., subarea plans, utility plans)
and capital improvement programs (e.g., transportation improvement program)
support the change.
Sec. 12.02.030. Time of filing.
A. The deadline for submitting an application for amendments to comprehensive
plan text, area-wide comprehensive plan land use map, site-specific amendments to
the land use plan map in KCC 12.02.025(B), and development regulations for
consideration in the annual cycle is September 1, or the first business day in
September.
B.
preseFlbeEl by the planning seFVIees effiee, whieh shall be submitted te the planning
5 Docketing and
Amendment Procedures
G. Requests received each year after September 1 shall be considered in the
following year's annual docket amendment process.
Sec. 12.02.035. Process for review.
A. A+f Eroposals for amendments to the comprehensive plan land use map that
have been filed with the planning services office in accordance with KCC
12.02.025&38(B) will be forwarded to the city council for action during the euFrent
annual comprehensive plan amendment cycle.
B. AWpProposals for amendments to development regulations that have been
filed with the planning services office in accordance with KCC 12.02.02530(A) will be
considered in an annual docket report which is arid-forwarded to the city council each
. j
C. "Proposals for amendments to the comprehensive plan text and
development regulations filed with the planning services office in accordance with KCC '
12.02.02538(A) shall be compiled by the planning services office and distributed for
review and comment to those city departments responsible for the applicable element
of the comprehensive plan or development regulation. The planning
services office also shall seek public comment on the Comprehensive Plan and any
proposed Comprehensive Plan amendments in accordance with KCC 12.02.055.
D. Using the criteria provided in KCC 12.02.045, city staff will review and submit
to the planning services office, ^^ later than GetebeF 31, recommendations as to
which proposals should have action taken on them of-during the annual cycle and
which should be made part of a city department work program.
E. The planning services office will compile alleemments and reeemmendatiens
of-proposed amendments to the comprehensive plan text, area-wide comprehensive
plan land use map, and development regulations in an annual docket report along ,
with a list of the proposed site-specific amendments to the comprehensive plan land
use map. The report shall identify items appropriate for the current annual cycle, a
6 Docketing and
Amendment Procedures
future annual cycle or the next seven-year cycle. If the docketed items will not be
included in the annual cycle, the staff shall indicate the reason(s) why. The docket
report also shall indicate the proposed public workshop and hearing dates for Land
Use & Planning Board or other public meetings when the proposed changes will be
considered, if known. The annual docket report shall be presented to the city council
at its first meeting in December.'and use and planning beard in a publie heaFing The
1
Feeemmendatien to the eetinell, by ne lateF than December 1, as to whieh
repeFt by i9e later than januaFy 31. Proposed amendments to comprehensive plan
text, area-wide comprehensive plan land use map, and development regulations Piet
that the docket report determines are not
appropriate for the current annual cycle shall be included for consideration in future
the next yeaF's docket reports for a period of three (3) years.
G. 1 VI VVI.ICIiL
planning beaFd 1A W81FIEShep and publie heaFing, er te another bedy designated te held
.
I I. The annual docket report will be posted on the city's web site th eugheut the
year and updated annually.
Sec. 12.02.040. SEPA review.
A fte- Sept... beF 1 of ..aEh ,.-.1eR.1-,_ . eaF t_he city's responsible official shall
1.\..1 Jl. Ll.11lVl.l 1 VI [..
review the cumulative anticipated environmental impact of the proposed amendments
to the comprehensive plan land use map, comprehensive plan text, and development
regulations, pursuant to the Washington State Environmental Policy Act (SEPA). If
the responsible official determines that an environmental impact statement (EIS),
7 Docketing and
Amendment Procedures
supplemental EIS, or other appropriate environmental review is warranted, applicants
for amendments to the comprehensive plan land use map may be responsible for a ,
full or proportionate share of the costs of preparing the necessary documents as
determined by the responsible official.
Sec. 12.02.045. Annual docket evaluation criteria.
A. Proposed amendments to the comprehensive plan text, area-wide ,
comprehensive plan land use map and development regulations on the annual docket
may be aaporopriate FeeeFnFnended for action if the following criteria have been met:
1. The proposed comprehensive plan text amendment addresses a matter
appropriate for inclusion in the comprehensive plan;
2. The proposal demonstrates a strong potential to serve the public
interest by implementing specifically-identified goals and policies of the
comprehensive plan;
3. The proposal addresses the interests and changed needs of the entire
city as identified in its long-range planning and policy documents, including but not '
limited to the comprehensive plan,
34. The proposal does not raise policy or land use issues that are more
appropriately addressed by an ongoing work program approved by city council;
45. The proposal can be reasonably reviewed within the time frame of the
current annual work program and existing staff and budget resources; and
-56. The proposal has not been voted on ^e^^ d by the city council in
the last three (3) years. This time limit may be waived by the city council if the
Proponent establishes that there exists either an obvious technical error or a change
in circumstances justifies the need for the amendment.
B. Staff may propose to expand the geographic scope of an amendment to the
comprehensive plan land use map to allow for consideration of adjacent property,
similarly situated property, or area wide impacts. The following criteria shall be used
8 Docketing and
Amendment Procedures
r
r
in determining whether to expand the geographic scope of a proposed land use map
amendment:
1. The effect of the proposed amendment on the surrounding area or
neighborhood or city;
I 2. The effect of the proposed amendment on the land use and circulation
pattern of the surrounding area or neighborhood or city; and
3. The effect of the proposed amendment on the future development of
the surrounding area or neighborhood or city.
Sec. 12.02.050. Comprehensive plan amendment standard of review.
The planning services office may recommend and the city council may
approve, approve with modifications, or deny amendments to the comprehensive plan
text or land use map designations based upon the following criteria:
1. The amendment will not result in development that will adversely affect
the public health, safety, and general welfare; and
2. The amendment is based upon new information that was not available
at the time of adoption of the comprehensive plan, or that circumstances have
changed since the adoption of the plan that warrant an amendment to the plan; and
3. The amendment will result in long-term benefits to the community as a
whole and is in the best interest of the community; and
34. The amendment is consistent with other goals and policies of the
comprehensive plan, and that the amendment will maintain concurrency between the
land use, transportation, and capital facilities elements of the plan.
rSec. 12.02.055. Public oarticioation program, basic elements.
A. Pursuant to RCW 36.70A 140, the city shall provide for early and continuous
vublic participation in the development and amendment of the comprehensive plan
and development regulations.
9 Docketing and
Amendment Procedures
B. Public participation shall at a minimum include the following elements. ,
1. Annual dissemination of a schedule for public participation. ,
2. Issuance of a citizen's guide to the comprehensive plan process that
provides information on citizen participation in the comprehensive plan process, a
description of the procedure and schedule for amending the comprehensive plan and ,
development regulations, and a guide on how to use the docket.
3. Provision for broad dissemination of proposed amendments and
alternatives, if appropriate. The city shall make available to the public printed and
electronic information which clearly defines and visually portrays, when possible, the
range of options under consideration by the city. This information shall also include a
description of any policy considerations; the schedule for deliberation; opportunities
for public participation, information on the proposed amendment review procedures
for written comments and the name, address, and telephone number of the
responsible official(s). The methods employed may include, but are not limited to, the
use of the following: published notice in the official city newspaper and other
appropriate publications, news media notification, mailed notice to property owners
and to citizens or groups with a known interest in the proposal, government channel,
and internet,
4. Public meetings to obtain comments from the public or other agencies
on a proposed comprehensive or subarea plan, or an amendment to the
comprehensive plan or development regulation. Public meeting means an informal
meeting, hearing, workshop or other public gathering of people for the purpose of
obtaining public comments and providing opportunities for open discussion. All public
meetings associated with review of the comprehensive plan or development
regulations shall provide a means for the public to submit items for the docket A
public record of each public meeting should be maintained to include documentation ,
of attendance record of mailed notice, and a summary of public comments not
incorporated in the docket.
10 Docketing and
Amendment Procedures
Sec. 12.02.060. Process and notice requirements.
FOF the initialFev'ewof aniqual .1.aeket Fepert .1..sEF bed in KG t7 n'l n2CtL\_.
.at..-e of publie he aF'Rg shall be given an at least ene (1) ..b"eatien .a th.a lee al
��Ivl rmzrr�rwur
the EE)ffiffehensive plaig land Use Fnap, netsee of the. .hl.e heanng shall begiven beth
giveR h..th h., ..hl .--at .. th.. I..eal newspapeF as pFese.-.h.a 11 -.h.... and Lby
area.Proposed amendments shall be classified and public notice shall be given in
accordance with KCC Chapter 12.01.
Within sixty (69) days after reeelpt E)f the •12.02 n7C/C\ .. .�.a..the r.tnell shall -affirm deny, a.. edif.. .ar FetUFA the picepesed
amendments te-the planning seFYmees-e€fiee fer further eergs+deratien. in ;e event
set fe4h in writing the Feasens fOF the aetien taken.
C-8199pFehensive plan amen-Arnents may be ii9iNated by the eity planning
ester+:
Sec. 12.02.090. Fees.
ra p N. .,vcrvr i-r ccs-r deeketed eempr-eheigswe plan land use map affleigdme
' h-all be the sl1011 o� CIIC same as the fee established fer rezettes. There shall be no fee for
docketed proposals to amend the comprehensive plan text or development
' regulations.
11 Docketing and
Amendment Procedures
1
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Appeals fFeHg a deelsiefg ef the Kent elty eeunell shall be pursuant te Ghap
r
� 0A-RGd-
1
SECTION 2. - Severabilitv. If any one or more sections, sub-sections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision '
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
SECTION 3. - Effective Date. This ordinance shall take effect and be in force
thirty (30) days from and after the date of passage as provided by law.
1
SUZETTE COOKE, MAYOR
ATTEST:
1
BRENDA JACOBER, CITY CLERK
r
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY ,
PASSED: day of July, 2007.
APPROVED: day of July, 2007.
PUBLISHED: day of July, 2007. '
r
12 Docketing and
Amendment Procedures
r
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I hereby certify that this is a true copy of ordinance no. , passed by
the City Council of the city of Kent, Washington, and approved by the Mayor of the
city of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
1
P\Civil\Ordinance\12-02-DocketmgCPAProcedures doc
i
t �
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1
f
1
1
13 Docketing and
Amendment Procedures
Kent City Council Meeting
Date July 17, 2007
Category Consent Calendar
I. SUBJECT: SHORELINE MASTER PROGRAM GRANT—ACCEPT AND
AMEND BUDGET
2. SUMMARY STATEMENT: Accept the grant from the State of Washington for
$190,000 to update the City's Shoreline Master Program and authorize the Mayor to
sign the necessary documents.
On June 5, 2007 the City Council authorized the Mayor to sign a contract with
MAKERS Architecture + Urban Design for completion of the comprehensive update to
the Shoreline Master Program for a total not to exceed $190,000 RCW 90 58.080
requires the City to amend its master program for the regulation of uses of shorelines by
December 1, 2009 The 2007-2011 capital program includes $100,000 for this project
in each of the years 2007 and 2008. The grant will be used to offset the capital program
allocation.
3. EXHIBITS: 6/6/07 letter from Department of Ecology
4. RECOMMENDED BY: Planning & Economic Development Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Y Revenue? Y
Currently in the Budget? Yes $160,000 (Expenditure) No (Revenue)
If no.
Unbudgeted Expense: Fund Other Operating Projects Amount $100,000
Unbudgeted Revenue. Fund Other Operating Projects Amount $100,000
6. CITY COUNCII. ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6G
STATE OF 6vASEiINC,1O\
DEPARTMENT OF EC010( ;Y
PO Bur 47600 • Olvrnpra, Ll 1 9Ri111-70110 • fool-407-61100
711 hir Wa,hmgfon Relay Senrce • Per.urr, v*dh a ye((h (an rall 1r" of f f. �.
June 6, 2007
Mr Kurt Hanson
City of Kent
220 4th Avenue South
Kent, WA 98032-5838
Dear Mr. Hanson:
Thank you for submitting a Shoreline Master Program grant application for the 2007-2009
biennium We are pleased to award the City of Kent a Shoreline Master Program grant of
$190.000.
The next step will be for Sandra Lange. your Ecology project lead, to contact you and begin
the process of finalizing the grant agreement. Our goal is to have agreements completed by
the end of July 2007. All grants will have a start date of July 1, 2007.
If you have any questions, please feel tree to contact Sandra Lange at(425) 649-4260 or
slan461(i3iecy wa gov. You can also contact Brian Lynn, our Coastal/Shorelands Section
Manager, at(360) 407-6224 or blyn4610a ecy wa.gov.
We look forward to working with you on your Shoreline Master Program update.
Sincerely,
Gordon White
Program Manager
Shorelands and Environmental
Assistance Program
Icc: Brian Lynn, Department of Ecology
Geoff Tallent, Department of Ecology
Kent City Council Meeting
Date July 17, 2007
Category Consent Calendar
1. SUBJECT: PURCHASE OF FIRE STATION EXHAUST EXTRACTION
SYSTEM —AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to enter into an agreement with
Air Exchange, Inc. in the amount of$30,423.00, excluding Washington State Sales
Tax, to furnish the Plymovent vehicle exhaust extraction system for Stations 71 and 73.
The Plymovent system is currently installed and used at all City fire stations, almost
exclusively. Staff feels it is in good maintenance practice to be consistent and
standardize to one manufacturer when considering spare parts and inventory.
3. EXHIBITS: Procurement Waiver and Copy of agreement
4. RECOMMENDED BY: Staff& Public Safety Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure" X Revenue? N/A
1 Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
' Item No. 6H
Parks, Recreation and Community Services
//,�►� Jeff Watling,Director
Phone 253-856-5082
I�tNT
w. ��.o Fax 253-856-6080
Address 220 Fourth Avenue S
' Kent,WA 98032-5895
DATE: July 10, 2007
TO: Public Safety Committee
SUBJECT: Exhaust Extraction System Procurement
MOTION: Move to recommend authorizing the Mayor to enter into an agreement with Air Exchange,
' Inc. to furnish the Plymovent vehicle exhaust extraction system for Stations 71 and 73 in the amount of
$30,423 00, excluding Washington State Sales Tax.
' SUMMARY: The Plymovent system is currently installed and in use at all city Fire Stations almost
exclusively, and it works flawlessly. It is good maintenance practice to standardize to one manufacturer
when considering spare parts and what is kept in stock.
EXHIBITS: Signed Procurement Waiver
Copy of draft agreement with Air Exchange, Inc.
Copy of proposal dated 4/1 l/07 with Air Exchange, Inc.
tBUDGET IMPACT:
i
' Public Safety Committee Plymovcnt Exhaust Extraction System
July 10,2007
PROPOSAL Page 1 of 1
AIR EXCHANGE, INC.
' The Clean Air Specialists
1185 San Mateo Avenue Phone 206-484-7179 650-871-2945
San Bruno, CA 94066 Fax 253-815-6684 650-871-2948
Proposal submitted to City of Kent/Kent Fire Phone 266-856-5082 Date 4/11/2007
Street 304 4th Ave S. Application Engineer Phil/Dick
' City,State and Zip Code Kent,WA 98032 Job Location Station 73 171
Fax:
Customer Representative Mike Hattrup Title Job Phone
We hereby submit estimate for our AIR CLEANING SYSTEM in accordance with the following.
Sta.73 One(1) Plymovent STRA-80 Strait Rail System w/Hose Pack#1 $ 22,832.00
Remove and re-install SBTA-21
Sta.71 One (1) Plymovent SBTA-21 b slideing balancer track system $ 7,591 00
Material Subtotal: $ 30,423 00
Exclusions and notes:
Electrical hook-up included
Painting of any kind not included
Special drawings not included
Permit fees of any kind not included.
TOTAL: $ 30,423.00
Performance Bond included, 8 900% Sales Tax $ 2,70765
Total w/WSST: $ 33,130 65
Washington State Prevailing Wage Rules Apply
Delivery of system will be within 4 to 5 weeks of proposal acceptance.
Payment to be made as follows Equipment due on delivery, balance due on completion of mechanical installation
All material is guaranteed to be as specified AN work to be completed Authorized Signature:
in a workmanlike manner according to standard practices Any Richard F Bertani
alteration or deviation from above specifications involving extra costs will
be executed only upon written orders,and will becorne an extra chary
over and above the estimate All agreements contingent upon strikes,
accidents or delays beyond our control Owner to carry fire,tornado, Note This proposal may be with-drawn by us
and other necessary insurance Our workers are fully covered by if not accepted within 45 days.
' Workman's compensation Insurance
ACCEPTANCE OF PROPOSAL and TERMS AND CONDITIONS
' (Pages 1 and 2, inclusively)The above prices,specfications and
Terms and Conditions are satisfactory and are hereby accepted You SIGNATURE:
are authorized to do the work as specified By signing where indicate
you, as agent for the organization proposed,hereby authorized Air
Exchange, Inc to perform the work as specified on Page 1 of 2 of this DATE OF
proposal and agree and accept the Terms and Conditions(Page 2 of CCEPTANCE:
of this pro osal Payment will be made as outlined above
Parks, Recreation and Community Services '
Jeff Watling, Director
Phone 253-856-5082 ,
T Fax 253-856-6080
K E N
W A S H I N G T O N Address 220 Fourth Avenue S
Kent,WA 98032-5895 ,
Memorandum
PRIVILEGED AND CONFIDENTIAL ,
DATE: June 12,2007
TO. City Council Public Safety Committee
THROUGH. Watling,Jeff., Lindsey,Charles '
FROM Mike Hattrup
RE Exhaust Extraction System Procurement ,
Regarding the procurement of exhaust extraction systems for the City of Kent's fire stations,a sole source
procurement approval is recommended with Air Exchange, Inc,the supplier of Plymovent Exhaust
Extraction Systems Through a detailed evaluation effort and havmg looked at several other manufacturer's '
exhaust extraction systems, no other system incorporates so many of the necessary features as the
Plymovent System.
Plymovent is the only one which has an airtight seal around the engine exhaust pipe,thereby minimizing '
the amount of diesel exhaust fumes breathable by personnel in the fire station bays As an added bonus,
because the Plymovent system incorporates an airtight seal, engine pump tests can be performed within the
apparatus bays inside the stations.
The Plymovent system is currently installed and in use at all City Fire Stations almost exclusively,and it
works flawlessly In addition, it is good maintenance practice to standardize to one manufacturer when
considering spare parts and what we keep in stock For these reasons it is the Fire Department's as well as
the Facilities Division's recommendation that the Plymovent system be chosen for the City's exhaust
extraction needs. Therefore it is hereby requested that a sole source approval be granted to procure the
Plymovent exhaust extraction system. '
If you agree with this memorandum and these findings,please indicate your approval by si ning below.
Stteooke
✓� O
Memorandum:
June 19,2007
KENTiWAS HIN GTON
PUBLIC WORKS AGREEMENT
1 between City of Kent and
■ Air Exchange, Inc.
' THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Air Exchange, Inc organized under the laws of the State of California, located and
doing business at 1185 SAn mateo Ave. San Bruno, Ca. 94066, Phil Herrera, (206)484-7179 (hereinafter the
"Contractor").
AGREEMENT
The parties agree as follows:
' I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the following described
plans and/or specifications.
' Plymovent System for Kent Fire Station 71 & 73 for air cleaning system. Air Exchange, Inc. will
provide and install Plymovent strait rail system for Statton 73 located at 26512 Military Rd So to
the City of Kent and provide and install Plymovent shdeing balancer track system for Station 71
located at 504 W Crow, in the City of Kent, in accordance with the quote dated April 11, 2007,
which is attached and incorporated as Exhibit A.
Contractor further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time such services are performed.
IL TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement,
' Contractor shall complete the work described in Section I within 60 days
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Thirty-
thousand, four-hundred twenty-three dollars (530,423), plus any applicable Washington State Sales Tax, for the
work and services contemplated in this Agreement The Contractor shall invoice the City monthly. The City
will pay for the portion of the work described in the invoice that has been completed by the Contractor and
approved by the City The City's payment shall not constitute a waiver of the City's right to final inspection
and acceptance of the project
' A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the
City a performance bond for the full contract amount to be in effect until sixty (60) days after the
PUBLIC WORKS AGREEMENT- I
(Over$1OK, under$50K, and Performance Bond)
date of final acceptance, or until receipt of all necessary releases from the State Department of
Revenue and the State Department of Labor and Industries and until settlement of any liens filed '
under Chapter 60.28 RCW, whichever is later
B. Retainage The City shall hold back a retainage in the amount of five percent (5%) of '
any and all payments made to contractor for a period of sixty (60) days after the date of final
acceptance, or until receipt of all necessary releases from the State Department of Revenue and
the State Department of Labor & Industries and until settlement of any liens filed under Chapter
60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City
pursuant to RCW 60 28 011(4)(a), unless otherwise instructed by the Contractor.
C. Defective or Unauthorized Work The City reserves its right to withhold payment from '
Contractor for any defective or unauthorized work. Defective or unauthorized work includes,
without limitation work and materials that do not conform to the requirements of this
Agreement; and extra work and materials furnished without the City's written approval. If
Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City
may complete the work by contract or otherwise, and Contractor shall be liable to the City for '
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Contract price
specified above The City further reserves its right to deduct the cost to complete the Contract
work, including any Additional Costs, from any and all amounts due or to become due the
Contractor.
D. Final Payment- Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER
OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE '
AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT
IS MADE AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- '
Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall '
include, without limitation, any one or more of the following events.
A. The Contractor's refusal or failure to supply a sufficient number of properly skilled
workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this ,
Agreement
The Contractor's failure to make full and prompt payment to subcontractors or for
C. P P PY
material or labor
D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
PUBLIC WORKS AGREEMENT-2
(Over$]OK, under$50K, and Performance Bond)
' F. The Contractor's breach of any portion of this Agreement.
' If the City terminates this Agreement for good cause, the Contractor shall not receive any further money
due under this Agreement until the Contract work is completed. After termination, the City may take
' possession of all records and data within the Contractor's possession pertaining to this project which may be
used by the City without restriction.
VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages,"
with the State of Washington Department of Labor & Industries prior to commencing the Contract work
Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and
' comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage
rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is
attached.
VII. CHANGES. The City may issue a written change order for any change in the Contract work
during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is
necessary, Contractor must submit a written change order request to the person listed in the notice provision
section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or
should have known of the facts and events giving rise to the requested change if the City determines that the
' change increases or decreases the Contractor's costs or time for performance, the City will make an equitable
adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable
adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it
deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written
change order from the City or an oral order from the City before actually receiving the written change order. If
the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives
its right to make any claim or submit subsequent change order requests for that portion of the contract work. If
the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work,
however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section
VIII, Claims, below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) wnting a separate
' acceptance, or(3) not protesting in the way this section provides A change order that is accepted by Contractor
as provided in this section shall constitute full payment and final settlement of all claims for contract time and
for direct, indirect and consequential costs, including costs of delays related to any work, either covered or
affected by the change
VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the
City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the
City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or
within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events
giving rise to the clams, whichever occurs first Any claim for damages, additional payment for any reason, or
' extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been
waived by the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this Agreement.
iAt a minimum, a Contractor's written claim shall include the information set forth in subsections A,
items I through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
PUBLIC WORKS AGREEMENT-3
(Over$1OK, under$50K, and Performance Bond)
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING
THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information.
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate was '
determined; and
5. An analysis of the progress schedule showing the schedule change or disruption if
the Contractor is asserting a schedule change or disruption.
B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result
of the asserted events giving rise to the claim. The City shall have access to any of the
Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the '
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall
proceed promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination)
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Contractor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY
LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR
DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO
FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY
APPLICABLE STATUTORY LIMITATIONS PERIOD
X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one- '
year warranty bond in a form and amount acceptable to the City The Contractor shall correct all defects in
workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In
the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts
will not be acceptable When defects are corrected, the warranty for that portion of the work shall extend for
one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the
Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City
PUBLIC WORKS AGREEMENT-4
(Over$IOK, under$50K, and Performance Bond)
may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish
the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the
Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates.
Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration,
Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached
Compliance Statement.
XI I. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees,
agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
' INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
' MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
XIII. INSURANCE. The Contractor 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.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose All work shall be
done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
LPUBLIC WORKS AGREEMENT-5
(Over$10K, under$50K, and Performance Bond)
XV. MISCELLANEOUS PROVISIONS.
A. Recvclable 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.
B. 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.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed rn 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
XII of this Agreement.
D. 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.
E. 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 shalt continue in full force and effect and no further assignment shalt be made without '
additional written consent.
F. 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 Contractor.
G. 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 a part 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.
PUBLIC WORKS AGREEMENT-6
(Over$1OK, under$50K, and Performance Bond)
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
! date entered below.
CONTRACTOR: CITY OF KENT:
By: By:
(signature) (signature)
Print Name- Print Name: Suzette Cooke
Its Its Mayor
(Title) (Tale)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Phil Herrera Mike Hattrup, Project Coordinator
Air Exchange, Inc. City of Kent
1185 San mateo Ave 220 Fourth Avenue South
San Bruno, Ca 94066 Kent, WA 98032
! (206)484-7179 (telephone) (253) 856-5082 (telephone)
(253)815-6684 (facsimile) (253) 856-6080 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
AtrExchangewc stanon74
PUBLIC WORKS AGREEMENT-7
(Over$1OK, under$50K, and Performance Bond)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
i
The 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.
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 1, 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_.
By:
For:
Title:
Date-
EEO COMPLIANCE DOCUMENTS- 1 i
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER. 1.2 EFFECTIVE DATE: January 1, 1998
1 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
ICONTRACTORS 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.
I
IEEO COMPLIANCE DOCUMENTS-2
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
1
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 (date) ,
between the firm I represent and the City of Kent. i
I 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: j
i
1
i
EEO COMPLIANCE DOCUMENTS-
Kent City Council Meeting
Date July 17, 2007
Category Consent Calendar
1. SUBJECT: INTERLOCAL AGREEMENT REGARDING ZONE 3 SPECIAL
OPERATIONS — AUTHORIZE
I 2. SUMMARY STATEMENT: Authorize the Fire Chief to sign the Interlocal
Agreement regarding Zone 3 Special Operations, upon final terms and conditions
acceptable to the City Attorney.
The purpose of this mterlocal agreement is to document and have in place a formal
agreement, pursuant to which the parties will cooperate and share resources, including
both equipment and personnel, across jurisdictional boundaries, with respect to
hazardous materials and/or technical rescue responses As individual fire departments,
the parties would not have adequate resources or highly trained personnel in these
technical areas, to adequately respond to all such potential events. Together, however,
these departments can establish and maintain one or more teams of highly trained
individuals to deal with these emergencies on a regional basis. This agreement is
between South King Fire & Rescue, City of Kent Fire Department, City of Tukwila Fire
Department, City of Renton Fire Department, Port of Seattle Fire Department, and
Valley Regional Fire Authority.
3. EXHIBITS: Interlocal Agreement
4. RECOMMENDED BY: Staff and Public Safety Committee (3-0)
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
1 Councilmember moves, Councilmember seconds
' DISCUSSION:
1 ACTION:
Council Agenda
Item No. 61
FIRE DEPARTMENT
Jim Schneider, Fire Chief
�� RCNT Phone 253-856-4300
w,s»,...o Fax 253-856-6300
Address 24611 1161h Ave SE
Kent,WA 98030-4939
DATE: July 10, 2007
TO: Public Safety Committee
FROM: Jim Schneider, Fire Chief
MOTION: Acceptance of Interlocal Agreement regarding Zone 3 Special Operations and
authorize for Fire Chief to sign said agreement
SUMMARY: The purpose of this mterlocal agreement is to document and have in place a
I formal agreement, pursuant to which the parties will cooperate and share resources, including
both equipment and personnel, across jurisdictional boundaries, with respect to hazardous
materials and"or technical rescue responses As individual fire departments, the parties would
not have adequate resources or highly trained personnel in these technical areas, to adequately
respond to all potential such events Together, however, these departments can establish and
maintain one or more teams of highly trained individuals to deal with such emergencies on a
regional basis. This agreement is between South King Fire & Rescue, City of Kent Fire
Department, City of Tukwila Fire Department, City of Renton Fire Department, Port of Seattle
Fire Department, and Valley Regional Fire Authority
This agreement has been reviewed and approved by the City Attorney's Office.
EXHIBIT: Interlocal Agreement—Zone 3 Special Operations
BUDGET IMPACT: None
Kent Council Public Safety Committee
April 10,2007
' INTERLOCAL AGREEMENT
Zone 3 Special Operations
THIS AGREEMENT is made by and between the following public agencies, which are
municipal corporations and/or political subdivisions authorized to enter into such
agreements by chapter 39 34 RCW and other laws, including but not limited to RCW
70.136.010 et seq..
South King Fire and Rescue (King County Fire Protection District No. 39)
City of Kent Fire Department
City of Tukwila Fire Department
City of Renton Fire Department
Port of Seattle Fire Department
Valley Regional Fire Authority
WHEREAS, the foregoing agencies located in Zone 3 of King County, Washington,
already cooperate with each other, and provide services reciprocally, with respect to
hazardous materials and/or technical rescue responses, and
WHEREAS, such agencies wish to formalize their cooperative relationships to ensure
that their operations are fully documented and within their respective statutory
authorities;
NOW THEREFORE tT tS HEREBY AGREED AS FOLLOWS:
1. Purpose The purpose of this interlocal agreement is to document and have in
place a formal agreement, pursuant to which the parties will cooperate and share
resources, including both equipment and personnel, across jurisdictional
boundaries, with respect to hazardous materials and/or technical rescue responses.
As individual fire departments, the parties would not have adequate resources or
highly trained personnel in these technical areas, to adequately respond to all
potential such events Together, however, these departments can establish and
maintain one or more teams of highly trained individuals to deal with such
emergencies on a regional basis
2. Hazmat Emergency Assistance Agreement. Insofar as this interlocal agreement
deals with response to hazardous materials incidents, the agreement shall be
I regarded as a hazmat emergency assistance agreement, as that term is used in
RCW 70.136 040
3. Incident Command The host agency (where the incident occurs) will be and
remain the incident command agency for any such event arising within any of the
aforesaid departments Provided, however, that several agencies in Zone 3 do not
assume incident command in Hazmat incidents, leaving that to the Washington
State Patrol, pursuant to RCW 70.136 030 (this includes the City of SeaTac, and
several other departments within the Zone). Each incident command agency, in
the good faith performance of its duties, pursuant to this agreement, shall not be
Interlocals/King Co Hazmat etc.
tADC rev March 19,2007 1
liable for civil damages resulting from any act or omission in the performance of
its duties, except for acts or omissions constituting gross negligence or willful or
wanton misconduct.
4. Immunity. Pursuant to RCW 70.136.050, any person or public agency whose
assistance has been requested by an incident command agency, who is a party to
this emergency assistance agreement, and who in good faith renders emergency
care, assistance or advice with respect to a hazardous materials incident, is not
liable for civil damages resulting from any act or omission in the rendering of
such care, assistance, or advice, other than acts or omissions constituting gross
negligence or willful or wanton misconduct.
5. Non-Party Agencies Agencies that are not parties to this agreement may request
assistance from the hazmat team or the technical rescue team provided by this
interlocal agreement. Provided, however, that such non-party agencies requesting
services from the teams under this agreement, shall agree to seek reimbursement
for extraordinary costs (as determined by the signatories to this agreement) from
responsible parties who cause hazardous materials releases, and/or their insurers,
pursuant to RCW 4.24.314 The parties will provide their costs or invoices to the
host agency in such instances.
6. Hazmat Services One purpose of this Agreement is to provide resources, in the
form of personnel and equipment to respond and mitigate hazardous materials
incidents that may entail fires, spills, transportation accidents, flammability,
radioactivity, corrosivity, reactivity, explosives and other supporting technical
functions for which personnel have been trained in conjunction with and pursuant to
Section 126 of the Superfund Amendments and Reauthorization Act of 1986 (SARA
Title III), the Code of Federal Regulations (29CFR 1910.120) and NFPA 471/472
and to provide these services, mutually and reciprocally, to the parties that are '
signatories to this agreement. These services are provided through a multi-
disciplinary team or teams of highly trained personnel, who are employed by the
respective parties, dispatched by Valley Com on an as-needed basis Valley Fire
Authority at this time will not participate in this aspect of the agreement, but only the
rescue component below. Pursuant to this emergency assistance agreement, no
person or public agency requested to assist is obligated to assist. Persons or
public agencies asked to assist may act only under the direction of the incident
command agency or its representative. Such person or public agency requested
to assist may withdraw its assistance if it deems the actions or directions of the
incident command agency or incident commander to be contrary to accepted
hazardous materials response practices. The person or public agency
requested to assist shall not profit from rendering the assistance. Any person
responsible for causing the incident shall not be covered by the liability
standard or immunity defined in RCW 70.136.050 or this agreement.
7. Technical Rescue Responses. A second purpose of this agreement is to provide
resources, in the form of personnel and equipment to respond to technical rescue
incidents that may entail confined space, water rescues, high angle rope rescue
and the like. These services are provided through a multi-disciplinary team or
teams of highly trained personnel,who are employed by the respective parties,
Interlocals/King Co.Hazmat etc
ADC rev March 19,2007 2
dispatched by Valley Com on an as needed basis. All six above-named agencies
will participate in this aspect of the agreement.
8. Term of Agreement The term of this Agreement shall be one year after the
effective date hereof, provided that this agreement shall be automatically renewed
from year to year unless terminated or modified in accordance with the provisions
hereof Any party may terminate its participation in the agreement by first giving
written notice of termination to the other parties no later than 90 days prior to the
effective date of its withdrawal.
9. Operations Board An Operations Board shall also be established to deal with
operational policies, guidelines and issues, which all participating agencies agree
to comply with. The Operations Board shall consist of one operational level chief
officer from each participant and shall meet as needed. The Operations Board
may establish committees as they deem appropriate. All of the participants shall
guarantee support by providing representatives to attend scheduled committee
meetings and perform assigned committee work.
10. Hold Harmless and Indemnification Each participating agency agrees to assume
responsibility for all liabilities, whether by acts or omissions, by its employees
and/or volunteers that occur or arise in any way out of the performance of this
agreement and thus therefore holds other participating agencies, their respective
employees, officials and volunteers harmless from all costs, expenses, losses and
damages, including costs of defense By this mutual and reciprocal hold harmless
and indemnification provision, it is not the parties' intent to waive any immunity
otherwise provided by law In accordance with R C W 70 136, each participating
agency agrees to release all other parties and the teams, acting in the good faith
performance of their duties, from liability or civil damages resulting from any act
or omission, other than acts or omissions constituting gross negligence or willful
or wanton misconduct.
11 Employer-Employee Relationships. It is understood and agreed by the parties that
any employee of any party providing services pursuant to this Agreement, shall be
and remain an employee of their usual employer. He/she shall not be deemed an
employee of any other party, even though he/she may operate at times under the
direct supervision and control of another agency's officials for the limited purposes
of this agreement. Nothing contained in this Agreement shall create the
relationship of master and servant or employer and employee, as between the agency
served and the other agency's employee. He/she shall not be considered an
independent contractor, but rather a continuing employee of the regular employer.
12. Living Document It is understood by the signatories to this Agreement that this will
L be a living document, with Appendices added in the near future to fully outline a)
Projected Hazardous Materials Technician staffing levels to expect on a response, b)
Technical Rescue staffing levels to expect on a response, c)Dive Team responses, d)
Zone 3 Incident Management Team procedures, etc These and other Appendices
will be added as agreed to by the signatories of this Agreement for the purpose of
providing a high level of service, and expectations of response, within Zone 3
13 Effective Date This agreement shall be effective upon the date on which the
agreement is filed with the King County Auditor
Interlocals/Kmg Co Hazmat etc.
ADC rev March 19, 2007 3
SOUTH KING FIRE & RESCUE:
Date Signed:
Fire Chief/Administrator Allen Church
KENT FIRE DEPARTMENT:
Date Signed:
Fire Chief Jim Schneider
RENTON FIRE DEPARTMENT:
Date Signed:
Fire Chief I. David Daniels
TUKWILA FIRE DEPARTMENT:
1
Date Signed,
Fire Chief Nick Ohvas
PORT OF SEATTLE FIRE DEPARTMENT:
Date Signed:
Fire Chief Mike Mandella ,
Interlocals/King Co Hazmat etc
ADC rev March 19,2007 4
1 VALLEY REGIONAL FIRE AUTHORITY-
Date Signed:
Fire Administrator Eric Robertson
� i
I
1
1
1
1
1
1
1
1
I
Interlocals/King Co Hazmat etc
1 ADC rev March 19,2007 5
Kent City Council Meeting
Date July 17, 2007
Category Consent Calendar
1. SUBJECT: INTERLOCAL COOPERATIVE AGREEMENT BETWEEN
VALLEY REGIONAL FIRE AUTHORITY AND CITY OF KENT —
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Interlocal
Cooperative Agreement between Valley Regional Fire Authority and the City of Kent,
upon final terms and conditions acceptable to the City Attorney.
This agreement will establish and maintain a jointly funded and governed team, known
as the Regional Fire Investigation Task Force, to effectively provide fire investigative
services within the jurisdictional boundaries of the Valley Regional Fire Authority
(cities of Auburn, Algona and Pacific) and the City of Kent Fire Department, and their
contract affiliates. As needs arise, other agencies may become a member of the Task
Force pursuant to Task Force Executive Board approval and proper agency legislative
Iaction.
There is a need to provide for effective fire investigations and related services within
the respective jurisdictional boundaries.
3. EXHIBITS: Agreement
4. RECOMMENDED BY: Public Safety Committee
(Committee, Staff, Examiner, Commission, etc )
t5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue. Fund Amount $
6. CITY COUNCIL ACTION:
iCouncilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6J
FIRE DEPARTMENT
//■,'�� Jim Schneider, Fire Chief
�� RCNT Phone 253-856-4300
Fax 253-856-6300
Address 24611 116`h Ave SE
Kent, WA 98030-4939
DATE: July 10, 2007
TO: Public Safety Committee
1 FROM: Jim Schneider, Fire Chief
MOTION: Acceptance of Interlocal Cooperative Agreement between Valley Regional Fire
+� Authority and the City of Kent and authorize the Mayor to sign the agreement.
SUMMARY: This agreement will establish and maintain a jointly funded and governed
team, known as the Regional Fire Investigation Task Force, to effectively provide fire
investigative services within the jurisdictional boundaries of the Valley Regional Fire
Authority (cities of Auburn, Algona and Pacific) and the City of Kent Fire Department,
1 and their contract affiliates As needs arise, other agencies may become a member of
the Task Force pursuant to Task Force Executive Board approval and proper agency
legislative action.
There is a need to provide for effective fire investigations and related services within the
respective jurisdictional boundaries.
This agreement has been approved by both the City of Auburn's and the City of Kent's
Attorneys
EXHIBIT: Interlocal Cooperative Agreement between Valley Regional Fire Authority and
1 the City of Kent for the Creation and Operation of the Regional Fire
Investigation Task Force
BUDGET IMPACT: None
Kent Council Public Safety Committee
' July 10,2007
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN
THE VALLEY REGIONAL FIRE AUTHORITY AND THE
CITY OF KENT FOR THE CREATION AND OPERATION
OF THE REGIONAL FIRE INVESTIGATION TASK FORCE
I. PARTIES
The parties to this Interlocal Agreement ("Agreement") are the cities of Auburn, Algona,
and Pacific, which collectively operate the Valley Regional Fire Authority ("VRFA"), and
the city of Kent ("Kent"), each of which is a municipal corporation operating under the
laws of the State of Washington.
II. AUTHORITY
This Agreement is entered into pursuant to Chapters 10 93, 39.34, and 53.08 of the
Revised Code of Washington
III. PURPOSE
The parties will establish and maintain a jointly funded and governed team to effectively
provide fire investigative services within the jurisdictional boundaries of the VRFA, the
Kent Fire Department, and their contract affiliates.
IV. FORMATION
There is hereby created a multi-jurisdictional team to be hereafter known as the
Regional Fire Investigation Task Force (hereinafter "Task Force"), the members of
which shall be the VRFA and Kent (hereinafter referred to as "party" or "parties") As
needs arise, other agencies may become a member of the Task Force pursuant to
Task Force Executive Board approval and proper agency legislative action
V. STATEMENT OF NEED
The parties have the desire to provide for effective fire investigations and related
services within their respective jurisdictional boundaries. By combining personnel, the
parties will realize financial savings in overtime and standby costs while being able to
increase staffing levels to the point that an investigator is on duty twenty-four (24) hours
per day, seven (7) days per week. The result will be improved services for the citizens
of each party with a reduction in costs.
VI. TASK FORCE OBJECTIVES
The Task Force will provide timely and accurate investigation services to determine the
origin, cause, and surrounding circumstances of fires. The Task Force will also attempt
to reduce the occurrence of fires by identifying products or building failures that cause
accidental fires to occur and/or spread The Task Force will attempt to reduce the
' incidence of arson by properly investigating those responsible for fires and pursuing the
FIRE INVESTIGATION 1
TASK FORCE INTERLOCAL AGREEMENT
criminal process when appropriate. This Task Force work will be performed within the
jurisdictional boundaries of the Kent and the VRFA and their affiliated contract areas.
VII. RECOGNITION OF KENT'S INTERLOCAL AGREEMENT FOR FIRE
INVESTIGATIONS WITH CITY OF COVINGTON
The parties recognize that Kent has entered an interlocal agreement with the city of
Covington for the purposes of having Kent investigators perform fire investigations for
the city of Covington. The parties recognize that the work called for in the agreement
between Kent and Covington Is identical to the work called for in this Agreement. VRFA
agrees that by entering this Agreement, it is agreeing to perform the work called for in
this Agreement within the jurisdictional boundaries of the city of Covington as well as
the city of Kent.
VIII. DURATION AND TERMINATION
This Agreement shall become effective on the date this Agreement is ratified by the last
signing party. Unless terminated by either party pursuant to the terms of this
Agreement, this Agreement shall remain in full force and effect for three (3) years. This ,
Agreement may be extended by mutual written agreement of the parties subject to the
ratification of such extension by the legislative body of each city.
A party may withdraw its participation in the Task Force by providing written notice of its
withdrawal, and serving such notice upon each Executive Board member of the other
party. A notice of withdrawal shall become effective ninety (90) days after service of the
notice on the other party.
IX. GOVERNANCE '
The affairs of the Task Force shall be governed by an Executive Board ("Board"), ,
whose members are composed of the fire chief, or his/her designee, from each party.
Each member of the Board shall have an equal vote and voice on all Board decisions
and all decisions shall be made by unanimous vote or agreement of the Board ,
members.
There shall be a minimum of four (4) Board meetings each year. One meeting shall be ,
held in March of each year to review the prior year's service. Another meeting shall be
held in August of each year to review the future operations of the Task Force. At least
two (2) other meetings shall be held each year to review the activities and policies of
the Task Force. Extra Meetings may be called as deemed appropriate.
The Board shall approve written policies, regulations, and operational procedures for
the Task Force within ninety (90) calendar days of the execution of this Agreement
The written policies, regulations, and operational procedures shall apply to all Task
Force operations.
X. PERSONNEL ,
FIRE INVESTIGATION 2
TASK FORCE INTERLOCAL AGREEMENT
Kent shall provide three (3) full time fire investigators, two (2) of which shall work a
twenty-four (24) hour modified-Detroit schedule and one (1) which will work either a day
shift schedule or a twenty-four (24) hour modified-Detroit schedule.
tThe VRFA shall provide one full time investigator who will work either a twenty-four (24)
hour modified-Detroit schedule or a day shift schedule.
` Each party shall identify one (1) investigator to be the lead for active investigations in
their respective jurisdictional boundaries or affiliated contract areas
During the August Board meeting, one (1) investigator shall be designated as the Task
Force Coordinator for the following year. The Task Force Coordinator shall be a ranking
1 officer and work a day shift schedule.
All investigators shall be commissioned (full or limited) by their respective police
departments to perform criminal investigations into the source and cause of fires within
their jurisdiction. The commissions shall also provide that the investigator shall be
commissioned to perform investigations in other jurisdictions pursuant to agreement of
the jurisdictions. All investigators shall have successfully completed the Washington
State Basic Law Enforcement Academy or equivalency training course and shall
maintain all licenses and permits to enforce the criminal laws within the state of
Washington.
The personnel assigned to the Task Force shall be considered employees of the
contributing party. The contributing party shall be solely and exclusively responsible for
the compensation and benefits for the personnel it contributes to the Task Force. All
rights, duties, and obligations of the employer and the employee shall remain with the
contributing party. Each party shall be responsible for ensuring compliance with all
applicable laws with regard to employees and with provisions of any applicable
collective bargaining agreements and civil service rules and regulations.
XI. DAY-TO-DAY ACTIVITIES
The administration of the Task Force shall be performed by the designated department.
This designation shall occur annually during the August Board meeting.
IThe day to day operations of the Task Force shall be subject to the management of the
Task Force Coordinator who works a day shift schedule.
XII. EQUIPMENT, TRAINING, AND BUDGET
Each party shall provide the equipment of its participating Task Force members;
provided that Kent will provide the personnel provided by the VRFA with a work station
and sleeping quarters. Each party shall provide sufficient funds to update, replace,
repair, and maintain the equipment and supplies utilized by its participating Task force
members as well as fund training, as mutually agreed upon by the Executive Board.
' The equipment and supplies provided by each party to its personnel participating in the
Task Force shall remain that of the party, provided that the Board may approve joint
FIRE INVESTIGATION 3
TASK FORCE INTERLOCAL AGREEMENT
capital expenditures for Task Force equipment, which if purchased, shall be owned ,
jointly by the parties
XIII. DISTRIBUTION OF ASSETS UPON TERMINATION ,
Termination shall be in accordance with those procedures set forth in prior sections. ,
Each participating jurisdiction shall retain sole ownership of equipment purchased and
provided to its participating Task Force members.
Any assets acquired with joint funds of the Task Force shall be equally divided among
the parties at the asset's fair market value upon termination. The value of the assets of
the Task Force shall be determined by using commonly accepted methods of valuation.
If both parties desire an asset, the final decision shall be made by arbitration (described
below). Any property not claimed shall be declared surplus by the Board and disposed
of pursuant to state law for the disposition of surplus property. The proceeds from the
sale or disposition of any Task Force property shall be equally distributed to the parties.
Arbitration pursuant to this section shall occur as follows:
A. The parties Interested in an asset shall select one (1) person (Arbitrator)
to determine which agency will receive the property. The Arbitrator may
be any person not employed by the parties.
B. During a meeting with the Arbitrator, each party interested in the property
shall be permitted to make an oral and/or written presentation to the
Arbitrator in support of its position.
C. At the conclusion of the presentation, the Arbitrator shall determine which '
jurisdiction is to receive the property. The decision of the Arbitrator shall
be final and shall not be the subject of appeal or review.
XIV. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION '
The VRFA, and each of Its member cities, agrees to defend, indemnify, and hold
harmless Kent and each of its employees, officials, agents, and volunteers from any ,
and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent
or tortious actions or inactions by the VRFA or any of its member cities, or any of their
employees, officials, agents, or volunteers, while acting within the scope of the duties
required by this Agreement. All costs, including but not limited to attorneys fees, court
fees, mediation fees, arbitration fees, settlements, awards of compensation, awards of
damages of every kind, etc., shall be paid by the VRFA or its member cities or their
respective insurers. This provision shall survive the expiration of this Agreement. This
provision shall also survive and remain in effect in the event that a court or other entity
with jurisdiction determines that this Interlocal Agreement is not enforceable.
Kent agrees to defend, indemnify, and hold harmless the VRFA and each of its
employees, officials, agents, and volunteers from any and all losses, claims, liabilities,
lawsuits, or legal judgments arising out of any negligent or tortious actions or inactions
FIRE INVESTIGATION 4
TASK FORCE INTERLOCAL AGREEMENT '
by Kent or any of its employees, officials, agents, or volunteers, while acting within the
scope of the duties required by this Agreement All costs, Including but not limited to
attorneys fees, court fees, mediation fees, arbitration fees, settlements, awards of
compensation, awards of damages of every kind, etc., shall be paid by Kent or its
insurer. This provision shall survive the expiration of this Agreement_ This provision
shall also survive and remain in effect in the event that a court or other entity with
jurisdiction determines that this interlocal Agreement is not enforceable.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
' INDEMNIFICATION PROVIDED HEREIN CONSTITUTES EACH PARTY'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY TO
CARRY OUT THE PURPOSES OF THIS INDEMNIFICATION CLAUSE. THE
I PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
XV. NOTICE OF CLAIMS OR LAWSUITS
In the event a claim is filed or lawsuit is brought against a party or its employees for
actions arising out of their conduct in support of Task Force operations, that party shall
promptly notify the other party that the claim or lawsuit has been initiated. Any
documentation, including the claim or legal complaints, shall promptly be provided to
each party.
XVI. INSURANCE
Each party shall carry and maintain, for the duration of this Agreement, general liability,
' property damage, and errors and omissions insurance coverage with an admitted
carrier for the state of Washington with the following minimums.
General Liability: $1 million per occurrence; and
Property Damage: $1 million per occurrence; and
Errors and Omissions: $1 million per occurrence.
The insurance policies of each party shall name the other party and its officials, officers,
employees, and volunteers, who are acting within the scope of this Agreement, as
additional named insureds for any and all actions taken by or against each party, its
' officials, officers, employees, and volunteers The insurance policy or policies shall
have a thirty (30) days prior notice of cancellation clause to be given to the other party,
in writing, in the event of termination or material modification of the insurance coverage
The insurance shall be "occurrence based" rather than "claims made." In the
alternative, each party may satisfy the requirements of this section by becoming or
remaining a participant in an authorized self insurance pool in the state of Washington
with protection equal to or greater than that specified herein.
XVII. RECORDS
FIRE INVESTIGATION 5
TASK FORCE INTERLOCAL AGREEMENT
Each party shall maintain records related to the Task Force and its participating '
personnel for a minimum of seven (7) years All records shall be available for full
inspection and copying by each party.
XVIII. FILING
Upon execution hereof, this Agreement shall be filed with the city clerks of the parties ,
and such other governmental agencies as may be required by law. The failure to
correctly file this Agreement shall not nullify any term of this Agreement.
XIX. MISCELLANEOUS '
Non-Waiver of Breach. The failure of either party 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
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 parties' right to
indemnification under this Agreement.
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.
Modification. This Agreement may be modified, amended, or altered by ,
agreement of the parties and such alteration, amendment, or modification shall
be effective when reduced to writing and executed in a manner consistent with ,
paragraph XX of this Agreement.
Compliance with Laws. The Task Force and all its members shall comply with all
federal, state, and local laws that apply to the Task Force.
Entire Agreement. The written terms and provisions of this Agreement, together with i
any exhibits attached hereto, shall supersede all prior verbal statements of any officer
or other representative of each party, and such statements shall not be effective or be ,
construed as entering into or forming a part of or altering in any manner this
FIRE INVESTIGATION 6
TASK FORCE INTERLOCAL AGREEMENT
' Agreement. All of the exhibits are hereby made part of this Agreement. Should any of
the language of any exhibits to this Agreement conflict with any language contained in
this Agreement, the language of this document shall prevail.
Severability. If any section of this Agreement is adjudicated to be invalid, such action
shall not affect the validity of any section not so adjudicated
Interpretation. The legal presumption that an ambiguous term of this Agreement
should be Interpreted against the party who prepared the Agreement shall not apply
XX. MUNICIPAL AUTHORIZATIONS
1 This Agreement shall be executed on behalf of each party by Its duly authorized
representative and pursuant to an appropriate resolution or ordinance of the governing
body of each party This Agreement shall be deemed effective upon the last date of
execution by the last signing authorized representative. This Agreement may be
executed by counterparts and be valid as If each authorized representative had signed
the original document
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms
of this Agreement.
VALLEY REGIONAL FIRE AUTHORITY CITY OF KENT
BY BY
Admi strator, VRFA Date Mayor, City of Kent Date
ATTZ-80iT: ATTEST:
Clerk, 9ROA Board of Governance Date City Clerk, City of Kent Date
j APAOWEVILSJO FORM
APPROVED AS TO FORM:
C&46J
/o-/55O
Counsel to the VRFA Date City Attorney, City of Kent Date
FIRE INVESTIGATION 7
TASK FORCE INTERLOCAL AGREEMENT
Kent City Council Meeting
Date July 17, 2007
Category Consent Calendar
1. SUBJECT: KENT ROTARY $150 DONATION—ACCEPT
2. SUMMARY STATEMENT: Accept the donation made by the Kent Rotary in the
amount of$150. The Kent Police Department will use the funds to purchase disposable
digital cameras and photo processing for youth to use in The Walking Guide project.
This project was developed by the Weed and Seed Steering Committee and will be
facilitated by the Parks Lighthouse staff.
3. EXHIBITS: Memo
4. RECOMMENDED BY: Public Safety Committee 7/10/07
(Committee, Staff, Examiner, Commission, etc )
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No X
If no:
' Unbudgeted Expense: Fund N00650 Amount $150.00
Unbudgeted Revenue: Fund N00650.53111 Amount $150.00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6K
POLICE DEPARTMENT
Steve Strachan, Chief of Police
' KEN T• Phone 253-856-5888
Fax 253-856-6802
W/SNIUGTGN
Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: July 10, 2007
TO: Public Safety Committee
SUBJECT: Kent Rotary $150 Donation
MOTION: 1 move to recommend that Council accept the donation from Kent Rotary in the
amount of$150 and place this on the Consent Calendar for the July 17, 2007 Council Meeting.
' SUMMARY: The Kent Police Department has received a donation from Kent Rotary in the amount of
$150. The funds will used toward the purchase of disposable digital cameras and photo processing for
' youth to use in a The Walking Guide project. This project was developed by the Weed and Seed
Steering Committee and will be facilitated by the Parks Lighthouse staff.
' EXHIBITS:
BUDGET IMPACT: None
BACKGROUND:
' Public Safety Committee Subject Kent Rotary$150 Donation
' July 10,2007
Kent Police Department
Weed and Seed Initiative
2007 Summer Youth Neighborhood Strategy
The Kent Police Department(KPD)plans to implement the initial Weed and Seed Initiative
summer youth strategy at Lighthouse on July 17, 2007. The City of Kent has applied for a federal
grant through the Community Development Capacity Office"Weed & Seed"program, which
assists local governments, neighborhoods and community-based organizations to prevent, control
and reduce violent crime, drug abuse, and gang activity. Grant award announcements are
expected in July. The Weed and Seed steering committee, Parks Department Lighthouse staff and
' Cheryl dos Remedios are facilitating the kickoff of this strategy to engage youth in an activity
designed to connect them with their neighborhood.
The Kent Weed and Seed Steering Committee identified The Walking Guide as a strategy for
youth in the East hill weed and seed area. The Walking Guide was originally designed to address
quality of life issues identified by public health in the Health Impact Assessment. This project
provides a physical activity opportunity for youth and a way for them to become more connected
with their neighborhood The Walking Guide can consist of a hand drawn map,photographs or
other forms of artwork The Weed and Seed Steering Committee plans to display these Walking
Guides throughout the East hill neighborhood and on the web.
Donations were received from the Kent Rotary and Kent Police Employees Benevolent
Association to support The Walking Guide project. The Kent Rotary donated S150 to purchase 10
disposable digital cameras for youth to use when designing their own Walking Guide. This $150
donation also covers the photo processing. The Kent Police Employees Benevolent Association
donated up to $150 to purchase the digital camera grand prize that will be awarded through a
drawing. Each Walking Guide product turned in will qualify youth for a ticket.
The Kent Police Department requests authorization to accept the two community donations to
support this project and to establish a new project account.
1
Kent City Council Meeting
Date July 17, 2007
Category Consent Calendar
1. SUBJECT: KENT POLICE EMPLOYEES BENEVOLENT ASSOCIATION
$150 DONATION — ACCEPT
2. SUMMARY STATEMENT: Accept the donation made by the Kent Police
Employees Benevolent Association in the amount of$150. The Kent Police
Department will use the funds to purchase disposable digital cameras and photo
processing for youth to use in The Walking Guide project. This project was developed
by the Weed and Seed Steering Committee and will be facilitated by the Parks
Lighthouse staff.
' 3. EXHIBITS: Memo
i4. RECOMMENDED BY: Public Safety Committee 7/10/07
(Committee, Staff, Examiner, Commission, etc.)
' 5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No_X
If no:
Unbudgeted Expense: Fund N00650 Amount $150.00
Unbudgeted Revenue: Fund N00650 53111 Amount $150.00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
' DISCUSSION:
ACTION:
Council Agenda
Item No. 6L
POLICE DEPARTMENT
Steve Strachan, Chief of Police
' Phone 253-856-5888
KENT Fax 253-856-6802
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: July 10, 2007
TO: Public Safety Committee
SUBJECT: Kent Police Employees Benevolent Association $150 Donation
MOTION: I move to recommend that Council accept the donation from Kent Police Employees
Benevolent Association in the amount of$150 and place this on the Consent Calendar for the July
' 17, 2007 Council Meeting.
SUMMARY: The Kent Police Department has received a donation from Kent Police Employees
Benevolent Association in the amount of$150 The funds will used toward the purchase of disposable
digital cameras and photo processing for youth to use in a The Walking Guide project. This project was
developed by the Weed and Seed Steering Committee and will be facilitated by the Parks Lighthouse
staff.
' EXHIBITS:
BUDGET IMPACT: None
BACKGROUND:
Public Safety Committee Subject KPEBA 5150 Donation
' July 10,2007
1
rKent Police Department
Weed and Seed Initiative
' 2007 Summer Youth Neighborhood Strategy
' The Kent Police Department (KPD)plans to implement the initial Weed and Seed Initiative
summer youth strategy at Lighthouse on July 17, 2007 The City of Kent has applied for a federal
grant through the Community Development Capacity Office"Weed& Seed"program, which
assists local governments, neighborhoods and community-based organizations to prevent, control
and reduce violent crime, drug abuse, and gang activity. Grant award announcements are
expected in July. The Weed and Seed steering committee, Parks Department Lighthouse staff and
' Cheryl dos Remedios are facilitating the kickoff of this strategy to engage youth in an activity
designed to connect them with their neighborhood.
' The Kent Weed and Seed Steering Committee identified The Walking Guide as a strategy for
youth in the East hill weed and seed area The Walking Guide was originally designed to address
quality of life issues identified by public health in the Health Impact Assessment This project
provides a physical activity opportunity for youth and a way for them to become more connected
' with their neighborhood The Walking Guide can consist of a hand drawn map,photographs or
other forms of artwork The Weed and Seed Steering Committee plans to display these Walking
Guides throughout the East hill neighborhood and on the web
rDonations were received from the Kent Rotary and Kent Police Employees Benevolent
Association to support The Walking Guide project. The Kent Rotary donated $150 to purchase 10
' disposable digital cameras for youth to use when designing their own Walking Guide This $150
donation also covers the photo processing The Kent Police Employees Benevolent Association
donated up to $150 to purchase the digital camera grand prize that will be awarded through a
' drawing. Each Walking Guide product turned in will qualify youth for a ticket.
The Kent Police Department requests authorization to accept the two community donations to
support this project and to establish a new project account.
1
r
1
1
1
i
r
Kent City Council Meeting
Date July 17, 2007
Category Consent Calendar
' 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION $31,000
GRANT —ACCEPT
2. SUMMARY STATEMENT: Accept the grant from the Washington Traffic Safety
Commission (WTSC) in the amount of$31,000 to purchase school zone flashing
beacons/lighting to be used in legally marked elementary school zones.
' The purpose of this project is to reduce the number of deaths and serious injuries
resulting from collisions in school zones.
3. EXHIBITS: Memo and award letter dated 6/15/07
' 4. RECOMMENDED BY: Public Safety Committee 7/10/07
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? A
Currently in the Budget? Yes No X
If no:
' Unbudgeted Expense: Fund N00807 Amount $31,000.00
Unbudgeted Revenue: Fund N00807 Amount $31,000 00
' 6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
' Council Agenda
Item No. 6M
POLICE DEPARTMENT
Steve Strachan, Chief of Police
• Phone 253-856-5888
KENT Fax 253-856-6802
W..9NINOTON
Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: July 10, 2007
TO: Public Safety Committee
SUBJECT: Washington Traffic Safety Commission $31,000 grant.
! MOTION: I move to recommend the Council accept the Washington Traffic Safety Commission
grant in the amount of$31,000.
! SUMMARY: The Kent Police Department requests authorization to accept a Washington Traffic
Safety Commission (WTSC) grant in the amount of$31,000 to purchase school zone flashing
ibeacons/lighting to be used in legally marked elementary school zones.
EXHIBITS: Award letter dated 6/15/07 from WTSC
BUDGET IMPACT: None.
BACKGROUND: The purpose of this project is to reduce the number of deaths and serious injuries
resulting from collisions in school zones. A study completed by WTSC has identified flashing yellow
! beacons/lighting as one of the most effective ways to reduce speeds of vehicles in school zones.
!
! Public Safety Committee Subject WTSC grant$31,000
Date July 10,2007
SCHOOL ZONE - FLASHING LIGHTS PROPOSAL
Advertising Procedures
This proposal is being sent to a statewide list of prospective constituents.
WTSC RFP Coordinator
Ms. Lynn Drake, Program Manager
Washington Traffic Safety Commission
1000 S. Cherry St
PO Box 40944
Olympia, WA 98504-0944
1 Phone. 360 586 3484
FAX: 360.586.6489
Email (drake wtsc wa gov
Section 1
Authorization
Applicant agency/organization: Kent Police Department
Name of school/school district Various schools/Kent and Federal Way School
Districts
1 Applicant project director: Steven Strachan Chief of Police
Name Title
220 40'Avenue S. Kent. WA sstrachan(a)ci kent wa.us 253-856-5800
Address E-mail Telephone
Applicant agency/organization authorizing official (person with contracting
' authority if different than above):
Steven Strachan Chief of Police
Name Title
Address, if different than above E-mail Telephone
GEC
- Signature Date
WTSC Use Only:
WTSC Program Manager: Lynn Drake
Planned Project Duration: From: June 25, 2007 To: June 30, 2008
Approved by Name: Lowell RaiW Ti le: Director
Sig ture: LtLW ate: C,4
�F�=, '1. r,-"p'-'-1
1 qq
4 wfe7x,
1 ,
tT
STATE c4�< <*K$ A" INGTON
WASHINGTON TRAFFIC SAFETY COMMISSION
1000 S Cherry St, PO Box 40944 Olympia, Washington 98504-0944, (360) 753-6197
Tune 15, 2007
1 Chief Steven Strachan
220 4th Ave S
Kent, WA 98032
RE: School Zone Flashing Beacon/Lighting Project
Dear Chief Strachan:
1 On behalf of the Washington Traffic Safety Commission (WTSC) I am
pleased to inform you that the Request for Proposal (RFP) for school zone
flashing lights submitted by your agency in the amount of $3X000.00 has
1 been approved. Enclosed is a copy of the signed agreement.
Please note: you may not obligate or spend any funds for this project
tuntil after July 1, 2007.
Project Period
Your project(s) must begin within 60 days after July 1, 2007 (date of grant
approval and availability of funds) and must be completed within 120 days.
Reporting Requirements
1 Your agency is responsible to fulfill the reporting requirements as outlined in
the signed RFP, including submitting requests for reimbursement and final
1 reports in a timely manner.
Final reimbursement request must be received by the WTSC no later than 30
days after the completion of your project(s) or you will not receive
reimbursement.
A final report shall be submitted within one year of installation detailing the
impact of this project within the school zone including whether or not the
goals outlined in your original proposal were achieved. The speed data
collected for the final report should be consistent with the conditions existing
i
1
during baseline data collection. One year of post installation collision data ,
should be included as well.
Failure to submit reimbursement requests or to file the required final report
could lead to termination of the project agreement, and forfeiture of
reimbursement.
The response to this RFP was overwhelming and we anticipate repeating this
project in the next fiscal year.
If you have any questions or concerns regarding your project, please contact
the WTSC School Zone Program Manager, Lynn Drake, at 360.586.3484 or
(drake@wtsc.wa.gov.
We look forward to working with you on this project and thank you for your
interest in improving our school zones.
S' el �
R'00�
j
Brian )ones
grogram Director
CC: File
Kent City Council Meeting
Date July 17, 2.007
Category Consent Calendar
' 1. SUBJECT: KENT ARTS COMMISSION APPOINTMENT — CONFIRM
2. SUMMARY STATEMENT: Confirm the Mayor's appointment of Dr. Bayard
DuBois to serve on the City of Kent's Arts Commission His appointment will fill a
vacancy currently on the Commission.
' 3. EXHIBITS: Memorandum
4. RECOMMENDED BY: Mayor Cooke
(Committee, Staff, Examiner, Commission, etc )
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue. Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
' DISCUSSION:
ACTION
Council Agenda
Item No. 6N
i
f KEN
WASHINGTON
i
MEMORANDUM
To: Dr. Deborah Ranniger, City Council President
City Council Members
IFrom Mayor Suzette Cooke
Date July 6, 2007
Subject: Appointment to Kent Arts Commission
I seek your approval of my appointment of Dr. Bayard DuBois to the Kent Arts
1 Commission. Dr. DuBois is a local dentist opening his practice in 1977
Dr. DuBois has a rich background in performing arts and currently serves as the conductor
of the "Breath of Aire" Choir. The Breath of Aire Choir performs primarily for
charitabletfund raising events. His history in the performing arts arena and interest in Kent
make him a wonderful fit for the Kent Arts Commission.
Dr DuBois will fill a vacant position on the Commission.
1 I submit this for your confirmation.
pb
Kent City Council Meeting
Date July 17, 2007
Category Consent Calendar
' 1. SUBJECT: EXCUSED ABSENCE FOR COUNCILMEMBERS —APPROVE
2. SUMMARY STATEMENT: Approve an excused absence for Councilmembers
Clark, Raplee and Thomas as they are unable to attend tonight's meeting.
3. EXHIBITS: Memos
4. RECOMMENDED BY: Mayor Cooke
(Committee, Staff, Examiner, Commission, etc.)
5 FISCAL IMPACT
Expenditure? N/A Revenue? N/A
1 Currently in the Budget? Yes _ No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
I6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION-
Council Agenda
Item No 60
' City Council
Dr Deborah Ranniger, Council President
I Phone 253-856-5712
Fax 253-856-6712
K E N T
WASHINGTON Address 220 Fourth Avenue S
Kent,WA 98032-5895
MEMORANDUM
1
TO: Suzette Cooke, Mayor
City Councilmembers
FROM: Tim Clark, Councilmember
DATE: July 10, 2007
SUBJECT: City Council Excused Absence
I I would like to request an excused absence from the July 17, 2007 City
Council meeting. I will be unable to attend.
' Thank you for your consideration.
Tim Clark
JP
City Council
Dr Deborah Ranniger, Council President
Phone Fax 253-856-6712
KEN T Address 220 Fourth Avenue S
W A HI NGTON
Kent, WA 98032-5895
I MEMORANDUM
i
TO: Suzette Cooke, Mayor
City Councilmembers
I FROM: Debbie Raplee, Councilmember
DATE: June 27, 2007
SUBJECT: City Council Excused Absence
I would like to request an excused absence from the July 17, 2007 City
Council meeting. I will be unable to attend.
Thank you for your consideration.
Debbie Raplee
Jp
ICity Council
Dr. Deborah Ranniger, Council President
• Phone 253-856-5712
Fax 253-856-6712
K E N T
WASHINGTON Address 220 Fourth Avenue S
Kent, WA 98032-5895
MEMORANDUM
1
TO: Suzette Cooke, Mayor
City Councilmembers
IFROM: Les Thomas, Councilmember
DATE: June 28, 2007
SUBJECT: City Council Excused Absence
I would like to request an excused absence from the July 17, 2007 City
Council meeting. I will be unable to attend.
Thank you for your consideration.
Les Thomas
JP
I
Kent City Council Meeting
Date July 17, 2007
Category Consent Calendar
1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION $4,500
GRANT —ACCEPT
' 2. SUMMARY STATEMENT: Accept the grant from the Washington Traffic Safety
Commission (WTSC) in the amount of$4,500 to provide supplemental overtime
funding for DUI enforcement by the Kent Police Department. This DUI campaign,
"Drive Hammered— Get Nailed", begins on August 15th and runs through September 3,
2007.
The goals of this program are to save lives and prevent serious injuries on
j Washington's roadways by removing impaired drivers from our roadways. The WTSC
will purchase media spots that wilt air before and during the enforcement period to
promote the program and attempt to educate motorists.
3. EXHIBITS: Email dated 7/2/07 from Washington Traffic Safety Commission and
Copy of Memorandum of Understanding with WTSC
4. RECOMMENDED BY: Public Safety Committee 7/10/07
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure'? X Revenue? X
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
1 Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6P
Date: July 2, 2007
To: KC Law Enforcement Agencies
From: Deanne Boisvert
(206) 205 - 5866, deanne.boisvert@kingcounty gov
RE: August 15 —September 3, 2007
Overtime Funding for"Drive Hammered-Get Nailed" August/Labor Day
Enforcement Campaign
The Washington Traffic Safety Commission (WTSC) will fund an August/Labor Day
"Drive Hammered—Get Nailed" mobilization— including statewide DUI enforcement
and a mass media campaign to educate motorists about the enforcement.
The goal of this campaign is to save lives and prevent serious injuries on Washington's
roadways by removing impaired drivers from our roadways.
Thus, WTSC is pleased to announce the availability of funds for"Drive Hammered—Get
Nailed" emphasis patrols. The enforcement activity will run August 15 and run through
September 3, 2007.
NOTE: This mobilization is being coordinated through your local traffic safety
task force - the King County Traffic Safety Coalition (KCTSC).
Deanne Boisvert, coordinator for the KCTSC, will complete the application for funding
and submit all post-mobilization statistics, and requests for reimbursement to the WTSC.
Please send all paperwork to her at
Deanne Botsvert
PHSKC —VIP
401 Fifth Avenue, Suite 900
Seattle, WA 98 104 - 2333
1 Eligibility
All state, county, local, and tribal law enforcement agencies within a current WTSC
' funded task force are eligible and encouraged to participate in this campaign
The WTSC has approved the use of commissioned reserve officers, as long as a pay
1 structure exists. Funding availability is on a first-come basis.
The following serves as a guideline for overtime requests.
The King County Traffic Safety Coalition coordinator has the authority to approve
adjustments to this guideline in order to maximize activity under the grant
Number of Commissioned Officers May request funding up to: 1
1-10 $1,500
11-25 $2,000
26-50 $2,500
51-100 $3,000
101 + $4,500
Funding Guidelines
Funding will be on a"reimbursement" basis and requires the submission of the
following documents
1) State invoice voucher(Form A19-IA) upon completion of activity
2) Signed overtime slips or payroll/expense records showing payments made '
3) Officer activity logs demonstrating performance
4) Agency activity log with totals for all officer activity for this mobilization
Performance standards '
Each funded personnel must make a minimum of three (3) self-initiated contacts per
hour funded with a "desired outcome" of DUI arrests The WTSC understands that
violator contacts may result in related, time-consuming activity The WTSC will consider
such contact-related activity for reimbursement.
The WTSC will only reimburse activities initiated through an emphasis patrol contact.
All other activity (investigating collisions, emergency responses, etc. ) will be the
responsibility of the contracting agency— the WTSC will not reimburse this other
activity.
Allowable use of funds
Funds are for overtime salary or wages (@ 1.5 times normal rate) and benefits of
commissioned personnel in direct support of operational activity.
All officers who receive WTSC overtime during this mobilization must have current
SFST training.
No equipment purchases are authorized '
Application for Funds
To apply for funding, please e-mail or mail the following to Deanne Boisvert,
deanne botsvcrt(d�kniLcounty.gov, by July 23, 2007.
1) A schedule of planned OT DUI patrols from August 15 —September 3, 2007 ,
2) The number of officers committed to each patrol
3) The amount of funds requested by your LEA (based on the guidelines)
4) Name, e-mail address, and phone number of a designated contact for your LEA
for these patrols. This person will be responsible for submitting all reimbursement
and other documents to the KCTSC coordinator.
Application for Funds - continued -
In addition, please mail an original, signed Memorandum of Understanding (MOU) to
Deanne Boisvert by July 23, 2007.
Her address is:
Deanne Boisvert
PHSKC —VIP
401 Fifth Avenue, Suite 900
Seattle, WA 98104 - 2333
Funding Approval
All participating LEA will receive a copy of the approved MOU prior to your planned
patrols.
IReimbursement and Reporting
To receive reimbursement, your LEA must mail the following to the KCTSC coordinator
by October 5, 2007.
1) An original, completed invoice voucher—the A19-IA form
a. The WTSC cannot accept a FAX of the A19-IA
b. The A19-IA form must include
i. Your agency identified as the"Claimant"
n. Your agency's Federal Tax 1D #
in. An original signature of your agency head, command officer, or
contracting officer
2) Payroll support documents such as signed overtime slips or payroll/expense
records or personnel report showing rate of pay or payments made.
3) Activity logs for each officer participating in the mobilization
1 4) One combined activity log for your LEA, with totals for the entire mobilization
I Contact Information/Questions -
Please contact the KCTSC coordinator with questions—Deanne Boisvert, 206-205-5866.
1 You may also contact Angie Ward, WTSC, at (360) 753-0877 or award(d!wtsc.wajyov ..
Attachment: Memorandum of Understanding (MOU)
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' MEMORANDUM OF UNDERSTANDING
WASHINGTON TRAFFIC SAFETY COMMISSION
1000 So. Cherry St., PO Box 40944, Olympia, WA 98504-0944
THIS AGREEMENT is made and entered into by and between
(insert agency name above)
Hereinafter referred to as "Contractor' and the WASHINGTON TRAFFIC SAFETY COMMISSION, hereinafter
referred to as"WTSC"
IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law
enforcement agencies to conduct "Drive Hammered— Get Nailed DUI Emphasis Patrols"
during the period between August 15 and September 3, 2007, in cooperation with the local
traffic safety task force The goal of this project is to contact as many DUI violators as
possible.
IT IS, THEREFORE, MUTUALLY AGREED THAT:
1. Contractor will provide commissioned police officer(s) (active or paid reserve) with
appropriate equipment (vehicle, radar, etc) on an "overtime" basis (not to exceed 1.5
times normal salary) to enforce DUI laws No on-duty personnel will be funded.
' 2. The period of activity will begin on August 15 and extend through September 3„ 2007.
Funding is not available for activity before or after this period and funding may not exceed
the amount prescribed by the county traffic safety task force coordinator.
3. The amount of the grant is not to exceed $
4. Performance standards for funded personnel are a minimum of three (3) self-initiated
contacts per hour. This is an enforcement activity to find impaired drivers It is expected
that a citation or Notices of Infraction (NOI's) will be issued at contact unless
circumstances dictate otherwise It is understood that violator contacts may result in
related, time-consuming activity Such activity will be considered for reimbursement.
Activity other than that initiated through emphasis patrol contact (investigating collisions,
emergency responses, etc) will be the responsibility of the contracting agency and may
not be considered for reimbursement
5. Contractor must submit reimbursement packets to the Task Force Coordinator not
later than October 5, 2007. Billings will include
♦ Invoice Voucher, A19-1A Form (attached) Please note that we cannot accept a FAX.
WTSC must have your agency identified as the "Claimant", a Federal Tax ID # and an
original signature of the agency head, command officer or contracting officer on the A-
19 form
♦ Payroll support documents (overtime slips, payroll documents, etc)
♦ Officer worksheets (showing 3 or more self-initiated contacts per hour)
' ♦ Total sheet tallying officer Activity Logs for entire enforcement period.
6. Disputes arising under this agreement shall be resolved by a panel consisting of one
representative of the Washington Traffic Safety Commission, one representative from
your agency and a mutually agreed upon third party. The dispute panel shall thereafter
decide the dispute with the majority prevailing.
7. Either party may terminate this agreement upon (30) days written notice to the other party.
In the event of termination of this agreement, the terminating party shall be liable for the
performance rendered prior to the effective date of termination
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(over) ,
By signing this Memorandum of Understanding I am certifying that (please initial both boxes):
❑ None of the funds for this project supplant the normally budgeted funds of this agency
nor do these funds pay for routine traffic enforcement normally provided by this ,
agency.
❑ All officers from this agency who receive WTSC overtime during this mobilization have
current SFST training
IN WITNESS WHEREOF, PARTIES HAVE EXECUTED THIS AGREEMENT
APPROVED/DISAPPROVED ,
Washington Traffic Safety Commission
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Agency
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Contracting Agent (Print/type Name)
Signature Date ,
Return this signed MOU to the King County Traffic Safety coordinator. ,
Deanne Boisvert
Public Health — Seattle S King County, Violence & Injury Prevention Unit
401 Fifth Avenue, Suite 900
Seattle, WA 98104 - 2333
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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
' PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
JUNE 11, 2007
' Committee Members: Chair Ron Harmon, Tim Clark, Elizabeth Albertson. Chair Harmon
called the meeting to order at 5:00 p.m.
' Approval of Minutes:
Clark MOVED and Albertson SECONDED a MOTION to APPROVE the minutes of May 14, 2007.
Motion PASSED 3-0.
Recognition of Neighborhood Councils
Neighborhood Program Coordinator Toni Azzola introduced four new Neighborhood Councils of
Arbor Village, Autumn Glen, Lake Meridian, and Salt Air Hills. She stated that with the
recognition of three (3) Councils introduced at the May 151h meeting, there are a total of seven
(7) established Councils. She reiterated the intent of Administration in developing the
' Neighborhood Recognition Program and what the requirements are for establishing a
Neighborhood Council.
Ms. Azzola stated that the 1) Arbor Village Neighborhood is bounded on the north by Kent
Kangley Road, east by 1415t Avenue Southeast, south by 2751h Place and 276th Street, and to
the west by 137th Avenue, which includes 274th Place, consisting of 130 housing units.
' Ms. Azzola stated that the 2) Autumn Glen Neighborhood is bounded to the north by 272nd
Street Southeast, to the east by 1051h Avenue Southeast, to the south by 273rd Place Southeast,
and to the west by 1041h Avenue Southeast, consisting of 20 housing units.
tMs. Azzola stated that the 3) Lake Meridian Neighborhood is bounded by everything lake front,
east of 132nd Avenue Southeast between 2561h and 2661h, consisting of 350 housing units.
Ms. Azzola stated that the 4) 5altAlr Hills Neighborhood is bounded to the north by South 248"
Street, to the east by Pacific Highway South, to the south by 252nd Street and to the west by
20th Avenue South, consisting of 196 housing units.
' Albertson MOVED and Clark SECONDED a MOTION recommending that Council adopt the
proposed resolution which recognizes Arbor Village, Autumn Glen, Lake Meridian, and Salt Air
Hills Neighborhood Councils, supports its community building efforts, and confers all
opportunities offered by the City's Neighborhood Program. Motion PASSED 3-0.
Proposed Revision to Docketing and Comprehensive Plan Annual Amendment
Procedures— KCC 12.02 (ZCA-2007-3)
Community Development Director Fred N Satterstrom defined docketing as the compilation and
maintenance of a list of proposed comprehensive plan text amendments, as well as zoning and
' development regulation changes. He stated that no fees are charged for docketing submittals.
Satterstrom stated that the docketing process is a systematic way for the Growth Management
Act (GMA) to provide citizens access to the petitioning process, and to have city and county
1 councils look at these proposed amendments.
Satterstrom stated that a site specific submittal is generally not a part of the docketing process,
' rather is part of the annual comprehensive plan amendment process. He stated that currently
the city receives docketing submittals annually by September 15C. These submittals are
presented to the Land Use and Planning Board (LUPB) to evaluate for feasibility. Those dockets
' that the LUPB determine should be given further consideration are presented to City Council for
PEDC Minutes
May 14, 2007
Page 1 of 3
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their determination. The Council's decision on which docketing items to pursue are then ,
returned to the LUPB for consideration through a hearing process.
Satterstrom stated that to eliminate this dual process, staff is recommending streamlining the
docketing process by bypassing the LUPB, presenting a docket report directly to the Planning & '
Economic Development Committee (P&EDC) for direction. After the P&EDC determines which
docket items should be considered, those items will go before the LUPB through the normal
hearing process and then back to City Council for a decision. '
Satterstrom stated that those docketing items that Council determines does not warrant further
analysis by staff, will remain on the docket for two more years and be brought back the next
year for further consideration. He stated that specific criteria which include time-frames are ,
outlined in this proposal.
Satterstrom stated that the Council can enact a regulatory change code amendment outside of
the normal docketing process, initiated by Council declaring an emergency, when this code
amendment would be in the best interest of the public.
Satterstrom stated that staff will bring a revision proposal back to Committee in July for their '
consideration.
#ZCA-2007-1 Animals in Residential Districts '
Satterstrom stated that this item was removed from the City Council's June St' consent calendar
and sent back to the PEDC to address concerns related to setbacks and the number of animals
allowed per lot size.
Chris Welch, 12905 SE 247th Kent, WA voiced his support of the City's proposal to allow three
(3) domestic fowl on a 5000 square foot lot with one (1) additional fowl allowed for each
additional 1000 square feet. He opined that noise, odors or wandering animals can be
addressed through the city's nuisance code.
Tami Jayne Jackson, 28325 144th Avenue SE, Kent, WA asked the PEDC to consider the City of
Seattle's Code, the strictest of all the municipalities codes considered. She spoke in favor of
supporting Seattle's code, including complying with a ten-foot setback requirement.
Doug Grimes, 28325 144th Avenue SE, Kent, WA explained why anything larger than a ten-foot '
setback requirement would be unrealistic for lots 5000 square feet in size. He stated that he
and his wife are not opposed to a set-back requirement. '
George Breckenridge, 14204 SE 283rd Place, Kent, WA stated that he is in favor of the adoption
of Seattle's Ordinance for the City of Kent. He stated that Doug and Tammy's chickens have
not been offensive to him with respect to noise or odor, whereas noise from dogs in the l
neighborhood have been an annoyance.
Rhonda Ward, 14203 SE 283`d Place, Kent, WA spoke in favor of ten-foot setbacks as 25-foot
setbacks are unfeasible. ,
Sharon Breckenridge, 14204 SE 283`d Place, Kent, WA encouraged the Committee to consider '
the City of Seattle Code as it seems reasonable to them.
Charles Burridge, 14301 SE 283`d Place, Kent, WA stated that he is not opposed to staffs
recommendation to adopt Seattle's code but asked that the city enforce that code once adopted ,
and that the community be informed of these changes. He stated that he favors a ten-foot
setback and the allowance of three (3) fowl on 5,000 square foot lots. Additionally, he stated
that any concerns with odor can be controlled through the City's nuisance ordinance. ,
PEDC-Minutes
June 11, 2007
Page 2 of 3
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' Albertson MOVED to ADOPT the Animals in Residential Districts Zoning Code Amendment
Ordinance presented at the City Council meeting of June 5`h with the following modifications:
1) add language to require a ten-foot setback from residential property Imes for a sheltering
' structure, 2) add language to define that one (1) of the three (3) small domesticated animals
allowed can be a potbellied pig, and 3) add language stating that one (1) additional
domesticated fowl will be allowed for every additional 1000 square feet in lot size after the first
' 5000 square feet. Clark SECONDED the Motion. Motion PASSED 3-0.
Adiournment
Chair Harmon adjourned the meeting at 6:10 p.m.
' Pamela Mottram
Admin Secretary, Planning Services
' SIPermftIPIa IP/annmg Commute J20071Mmute61061107PEOCmin doc
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PEDCGMinutes
' June 11, 2007
Page 3 of 3
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
June 12, 2007
COMMITTEE MEMBERS: Ron Harmon, Bob O'Brien, and Les Thomas, Chair
' • The meeting was called to order by Chair Les Thomas at 5.00 PM.
• Chair Thomas noted that one item from Police (#14) would be added to the agenda.
1 1. Approval of Minutes
Bob O'Brien moved to approve the minutes of the May 8, 2007 meeting.
The motion was seconded by Ron Harmon and passed 3-0.
2. Emergency management Performance Grant—ACCEPT and AUTHORIZE
Deputy Fire Chief, Ken Weathenll, reviewed the purpose of the grant and its funding
Ron Harmon moved to accept the EMPG reimbursable grant monies in the amount of
$61,636 and authorize the Mayor to sign the contract.
The motion was seconded by Bob O'Brien and passed 3-0.
3. Operation Safe Kids "07 - Update
Deputy Fire Chief, Dominic Marzano, and Police Chief Steve Strachan gave a brief summary of the
exercise which was held on June 8c' at Sequoia Middle School They also noted that a complete
' report will be compiled by the end of the month and submitted to the City Council members, the
Mayor's Leadership Team members and the Kent School District.
4. Valley Civil Disturbance Unit interlocal Agreement- AUTHORIZE
Chief Strachan explained the purpose of the agreement, adding the Federal Protective Service
Bob O'Brien moved to recommend that Council authorize the Mayor to sign the Interlocal
Cooperative Agreement for the Valley Civil Disturbance Unit and place this on the Consent
Calendar for the June 19, 2007 Council Meeting.
The motion was seconded by Ron Harmon and passed 3-0.
' 5. Memorandum of Understanding Between King County Police Chiefs and RAIN Participating
Agencies - AUTHORIZE
Chief Strachan explained the MOU allows agencies to acquire and implement NetMothon Wireless
Mobility software/hardware to support mobile connectivity to essential law enforcement databases.
Ron Harmon moved to recommend placing the Memorandum of Understanding Between the
King County Police Chiefs and RAIN (Regional Automated Information Network) on the
Consent Calendar of the June 19,2007 Council Meeting and authorizing the Mayor to sign the
MOU.
The motion was seconded by Bob O'Brien and passed 3-0.
6. Justice Assistance Grant FY2007 application - AUTHORIZE
Chief Strachan explained the proposed use of funds for bicycle officer overtime, vehicles for the
NRT team and to hire cadets as a police officer recruitment strategy
Bob O'Brien moved to recommend that Council authorize the Kent Police Department to
apply for the FY2007 Edward Byrne Memorial Justice Assistance Grant.
' The motion was seconded by Ron Harmon and passed 3-0.
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7. Community Orientated Police Serveles FY2007 grant application -AUTHORIZE ,
Chief Strachan explained the proposed use of funds to develop and implement a Cadet Project
Ron Harmon moved to recommend that Council authorize the Kent Police Department to
apply for the Community Policing Development Grant Program FY2007.
The motion was seconded by Bob O'Brien and passed 3-0.
8. Safe Rental and Hotel/Motel Housing Ordinances—Update—INFO ONLY ,
This agenda item was posted as an action item but was changed to a non-action, discussion item
prior to the meeting Deputy City Attorney Pat Fitzpatrick and Chief Strachan addressed the most '
recent changes to the proposed ordinances Julie Johnson,President of the Rental Housing
Association of Puget Sound, Jay Olson, Regional Vice-President of ConAm Management and
Richard Qualey, owner of a 10-unit building in Kent, were introduced and stated that they shared the
City's goals but didn't agree with certain aspects of the proposed ordinances After some amount of
discussion, Ron Harmon asked that the guests put their concerns in writing prior to the next meeting
9. Neighborhood Response Team Update—INFO ONLY ,
Chief Strachan introduced Lt Ken Thomas and Sgt Mark Gustafson who will both be working with
the three officers selected for the NRT They will work to identify geography-based crime in the
City and form solutions, working with Patrol and the Crime Analyst
10. Crime Analysis Update—INFO ONLY
Chief Strachan introduced Kevin Axelson, Crime Analyst,who presented a Power Point of the City's ,
crime stats for the previous week
11. Racer Issues/strategies—INFO ONLY ,
Chief Strachan acknowledged Larry Blanchard and the Public Works Department for the installation
of low-profile rumble strips in the north end as a deterrent to racers, providing positive initial results.
12. Target$800 NNO Donation—ACCEPT
Chief Strachan introduced Judi Mauhl,Public Education Specialist, and thanked Target, the National
Corporate Sponsor for National Association of Town Watch, for the donation which will help cover
the cost of National Night Out T-shirts for this year's event on August 7t"
Bob O'Brien moved to recommend that Council accept the donation from Target in the
amount of$800 and place this on the Consent Calendar for the June 19,2007 Council Meeting.
The motion was seconded by Ron Harmon and passed 3-0. ,
13. National Night Out—INFO ONLY
Chief Strachan and Judi Mauhl invited community participation in this year's event on August 7th ,
14. Washington State Department of Transportation Safe Routes to School grant—ACCEPT
Chief Strachan acknowledged the excellent work by Debra LeRoy,Research and Development '
Analyst, in applying for and receiving the grant which will be utilized at Daniel and Meridian
Elementary Schools
Ron Harmon moved to recommend that Council accept the Washington State Department of '
Transportation Safe Routes to School grant, authorize the Mayor to sign the agreement, and
place this on the Consent Calendar of the July 3,2007 Council Meeting.
The motion was seconded by Bob O'Brien and passed 3-0.
The meeting adjourned at 6:38 PM.
Jo Thompson
Public Safety Committee Secretary ,
Public Safety Committee Minutes 2
June 12,2007 '
CONTINUED COMMUNICATIONS
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