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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/04/2007 n "i ' '8r City of Kent CityCouncil Meeting Agenda j September 4, 2007 Mayor Suzette Cooke Deborah Ranniger, Council President ;. . Councilmembers Elizabeth Albertson Bob O'Brien Tim Clark Debbie Raplee „ Ron Harmon Les Thomas KENT WA.-. H I V GTO N City Clerk's Office KENT CITY COUNCIL AGENDAS September 4, 2007 K E N T W^5�I.G TO Council Chambers MAYOR. Suzette Cooke COUNCILMEMBERS: Deborah Ranniger, President Elizabeth Albertson Tim Clark Ron Harmon Bob O'Brien Debbie Raplee Les Thomas COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Neighborhood Response Team (NRT) Chief Strachan 30 minutes 2. Regional Transit Investment District(RTID) Tim LaPorte 30 minutes COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC — Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4 PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Police Department Oath of Office D. REI Donation for Parks Improvements E Proclamation —Constitution Week F. Proclamation—National Public Lands Week at Lake Fenwick Park G. Proclamation— Day of Concern for the Hungry H 45-Year Service Award 1. Employee of the Month (August and September) 5. PUBLIC HEARINGS None (Continued) ICOUNCIL MEETING AGENDA CONTINUED 6. CONSENT CALENDAR A. Minutes of Previous Meeting— Approve B Payment of Bills — Approve C. Twin Creeks Tracts A, B and C Deed Language Revision—Authorize D Mid-Year Budget Adjustment Ordinance —Adopt E. 2008 Budget— Set Date for First Public Hearing F 2008-2013 Capital Improvement Plan— Set Public Hearing Date G. Excused Council Absence—Approve 4 . ,4 r � 7. OTHER BUSINESS A. Kent Events Center Public Facilities District Board Member Appointments 5, Ko_r�� Po-o-2, 8. BIDS A Fire Station 76 Fencing Project 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS II. EXECUTIVE SESSION AND ACTION AFTER EX UTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library The Agenda Summary page and complete packet are on the City of Kent web site at www.ci kept 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. MA E. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC I i I i i PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) POLICE DEPARTMENT OATH OF OFFICE D) REI DONATION FOR PARKS IMPROVEMENTS E) PROCLAMATION - CONSTITUTION WEEK F) PROCLAMATION-NATIONAL PUBLIC LANDS WEEK AT LAKE FENWICK PARK G) PROCLAMATION- DAY OF CONCERN FOR THE HUNGRY H) 45-YEAR SERVICE AWARD I) EMPLOYEE OF THE MONTH (AUGUST AND SEPTEMBER) CONSENT CALENDAR 6. Citv Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through G. 1 Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of August 21, 2007 6B. Approval of Bills. j Approval of payment of the bids received through July 31 and paid on July 31 after auditing by the Operations Committee on August 21, 2007. Approval of checks issued for vouchers: Date Check Numbers Amount 7/31/07 Wire Transfers 2944-2960 $1,660,380 00 7/31/07 Regular 610864-611351 2,410,549.84 5/31/07 Void Checks (9,256 82) Use Tax Payable 4,63004 $4,066,303.06 Approval of checks issued for payroll for August 1 through August 15 and paid on August 20, 2007: Date Check Numbers Amount 8/20/07 Checks 299561-299883 $ 256,283 66 8/20/07 Advices 217461-218182 1,382,945 44 Total Regular Payroll $1,6391229 10 Approval of checks issued for payroll for August 17 and paid on August 17, 2007: Date Check Numbers Amount 8/17/07 Interim Checks 299884-299893 $3,456 67 Total Interim Payroll $3,456 67 Council Agenda Item No. 6 A-B Kent City Council Meeting KEN ON\"JhSHIN TON August 21, 2007 G i The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present" Albertson, Clark, Harmon, O'Brien, Ranmger, Raplee and Thomas. (CFN-198) rCHANGES TO THE AGENDA From Council, Administration, Staff. (CFN-198) Public Communications item G (REI Donation) was postponed to a later date, Consent Calendar Item F (Appointment to the Arts Commission) was removed from the agenda, and Consent Calendar Items O (King County Agreement for Services, Lower Green River Property Acquisition Project) and P (Kent Events Center Floodplain Mitigation Project Funds) were removed for discussion. Other Business Item C (Oracle Agreement for Permit Management and Police Records Management Systems) was added to the agenda Regarding Consent Calendar Item A (Approval of Minutes), it was clarified that the minutes of the July 26 special meeting which are in the agenda packet are incomplete and should be replaced by the complete set which was provided to Council tonight. PUBLIC COMMUNICATIONS A Public Recognition. (CFN-198) Mayor Cooke expressed pride in the Kent Little League All Stars and their coaches. B. Communitv Events. (CFN-198) Council President Ranniger announced that the fall Parks and Recreation brochure is now available, and that the Spotlight Series Performing Arts season will begin on September 22nd C. Introduction of Appointee. (CFN-873) The Mayor introduced Pastor Wilbur Vincent, her appointee to the Kent Human Services Commission. D. Ukrainian Independence Day. (CFN-155) Mayor Cooke read a proclamation declaring August 24, 2007, as "Sixteenth Anniversary Ukrainian Independence Day" and urged citizens to commemorate this momentous event in the life of the Ukrainian nation Oleksandr Dudyshyn expressed thanks to the Mayor and Council for their attention to the Ukrainian community E. Greenfield Park Neighborhood Association RecolZnition. (CFN-1304) The Neighborhood Program Coordinator explained the program and announced that Greenfield Park neighborhood has met the criteria Mayor Cooke presented representatives Chuck Monroe and Dallas Radford with a certificate. F. Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award. (CFN-155) Finance Director Nachlinger explained that the Government Finance Officers Association has awarded the City it's Distinguished Budget Presentation Award for it's 2006 Budget. The award was presented to Budget Department Director Cliff Craig by Mayor Cooke. H. Public Safety Report. (CFN-122) Police Chief Strachan updated the Council on public safety statistics, the alcohol zone, National Night Out, and the Weed and Seed Program t I Kent City Council Minutes August 21, 2007 CONSENT CALENDAR Ranmger moved to approve Consent Calendar Items A through R, with the exception of Items F, O and P Clark seconded and the motion carried A. Approval of Meeting. (CFN-198) The minutes of the special Council meeting of July 26, 2007, and regular Council meeting of August 7, 2007, were approved B Approval of Bills. (CFN-104) Payment of the bills received through June 30 and paid on June 30 after auditing by the Operations Committee on August 7, 2007, was approved Approval of checks issued for vouchers: Date Check Numbers Amount 6/30/07 Wire Transfers 2894-2908 $1,305,938 18 6/30/07 Regular 609275-609774 4,819,028 86 Voids (5,950 76) Use Tax Payable 2,76500 $6,121,781.28 Payment of the bills received through July 15 and paid on July 15 after auditing by the Operations Committee on August 7, 2007, was approved Approval of checks issued for vouchers- Date Check Numbers Amount 7/15/07 Wire Transfers 2909-2925 $1,654,454 98 7/15/07 Regular 609775-610230 1,683,19813 5/31/07 Void Checks (525 00) Use Tax Payable 2,509.60 $3,339,637.71 Payment of the bills received through July 31 and paid on July 31 after auditing by the Operations Committee on August 7, 2007, was approved Approval of checks issued four vouchers Date Check Numbers Amount 7/31/07 Wire Transfers 2926-2943 $1,476,504.07 7/31/07 Regular 610231-610863 5,646,350.67 5/31/07 Void Checks (3,587.97) Use Tax Payable 2,15038 $7,121,417.15 Approval of checks issued for Payroll for June 1 through June 15 and paid on June 20, 2007: Date Check Numbers Amount 6/13/2007 Void Check 297915 ($ 1,676 58) 6/13/2007 Reissued Check 298236 1,676.58 6/20/2007 Checks 298237-298561 248,662.61 6/20/2007 Advices 214601-215310 1,367,770.70 Total Regular Payroll $1,616,433.31 2 Kent City Council Minutes August 21, 2007 Approval of checks issued for Payroll for June 16 through June 30 and paid on July 5, 2007: Date Check Numbers Amount 7/5/2007 Checks 298562-298893 $ 256,486.23 7/5/2007 Advices 215311-216025 1,388,893 23 Total Regular Payroll S1,645,379.46 Approval of checks issued for Payroll for July 1 through July 15 and paid on July 20, 2007: Date Check Numbers Amount 7/20/2007 Checks 298894-299232 $ 257,193.39 7/20/2007 Advices 216026-216742 1,388,990 58 Total Regular Payroll $1,646,183.97 Approval of checks issued for Pam for July 16 through July 31 and paid on August 5, 2007: Date Check Numbers Amount 8/5/2007 Checks 299233-299558 $ 275,299 05 8/5/2007 Advices 216743-217460 1,394,187 31 Total Regular Payroll $t,669,486 36 Approval of checks issued for Payroll for August 7 and paid on August 5, 2007• Date Check Numbers Amount 8/7/2007 Void Check 299451 ($ 639 00) 8/7/2007 Reissued Check 299559 63900 8/7/2007 Interim Check Run 299560 13,547 62 Total Interim Payroll $ 13,547.62 C. Lake Meridian Pointe Final Plat. (CFN-1272) The Final Plat mylar for Lake Meridian Pointe was approved and the Mayor was authorized to sign the mylar. Hultquist Development, Inc. proposes to subdivide approximately 4 68 acres into 30 single-family residential lots. The property is located at 13419 SE 240`" Street. D Forest Ridge Court Final Plat. (CFN-1272) The Final Plat mylar for Forest Ridge Court was approved and the Mayor was authorized to sign the mylar Forest Ridge Court, LLC, proposes to subdivide approximately 4 78 acres into 13 single-family residential tots The property is located at 12301 SE 274th St E. Human Services Commission Appointment. (CFN-873) The Mayor's appointment of Pastor Wilbur Vincent to the Human Services Commission was confirmed. He will fill a vacancy and his term will expire on January 1, 2010 G. Change Account Balance Increase Ordinance. (CFN-104) Ordinance No 3856 which amends section 3 41.020 of the Kent City Code to increase the maximum change account limit from $6,000 to $10,000 was adopted 3 Kent City Council Minutes August 21, 2007 H JDE/Peoplesoft Server Upgrades. (CFN-1155) The Mayor was authorized to sign purchase orders and all necessary contracts acceptable to the City Attorney to Hewlett Packard Corporation in an amount not to exceed $130,000 for the purchase of hardware, maintenance agreements and disc storage for the JDE/PeopleSoft Upgrade project. I. Town Square Plaza Construction Inspection Agreement. (CFN-1298) The Mayor was authorized to sign the agreement with SB & Associates, Inc for construction inspection of Town Square Plaza for the amount of$61,340 00, upon terms and conditions approved by the City Attorney. J. Night Court Supplemental Budget Appropriation. (CFN-186) The supplemental budget appropriation of up to $9,328 for the period October—December 2007 to fund night court sessions was approved K. SE 256th Street Improvement Project Agreement. (CFN-1122) The Mayor was authorized ' to sign the Transportation Improvement Board"Fuel Tax Grant Distribution Agreement" and "Project Funding Status Form"for the SE 256`h Street Improvement Project, establish a budget for the same, and direct staff to spend the money accordingly. L. Surplus Vehicle and Equipment Disposal. (CFN-239) The Public Works Department was authorized to dispose of nine vehicles, seven mowers, one snow plow, and one trailer which are surplus to the Crty's need. M. Transit Service Agreement Amendment No. 2. (CFN-171) The Mayor was authorized to sign Amendment No 2 to the Transit Service Agreement (Route 918) between the City of Kent and King County, upon concurrence of the language therein by the City Attorney and Public Works Director, extending the current Agreement from February 2008 until February 2009 N Lower Green River Propertv Acquisition. (CFN-239) Grants from the Salmon Recovery Funding Board and the King County Conservation Futures Grant Program were accepted, the funds, together with$180,000 in City matching funds to be used to acquire property necessary for the enhancement of the Lower Green River, were authorized; all prior acts of the City related to the funds were ratified; and the Mayor was authorized to sign the associated grant and purchase agreements (REMOVED BY COUNCILMEMBER O'BR1EN) O King County Agreement for Services, Lower Green River Propertv Acquisition Project. (CFN-239) The proposed action is to authorize the Mayor to sign an Agreement for Services with King County to assist the city in acquiring properties in connection with the Lower Green River Acquisition Project, upon concurrence of the language therein by the City Attorney and the Public Works Director The City successfully applied for a $975,000 Salmon Recovery Funding Board grant and is to provide 5180,000 match funding, with King County and the Green River Flood Control District providing $25,000 each The grant was dedicated to the purchase of the Rosso Nursery, but the City was unsuccessful in negotiating a price for the Rosso Nursery and afterward the Tuefel Nursery, which ended up purchasing the Rosso Nursery. 4 Kent City Council Minutes August 21, 2007 Public Works Director Blanchard explained that the Desimone, Flowers, Lotto and Koch properties will provide the salmon recovery habitat, and the City is in negotiations with the property owners. He noted that the City's match will actually be less than $180,000 because of a King County Conservation Futures grant in the amount of$94,000 He noted for O'Brien that the property 1 owners have been approached about selling, and that the City is asking, as a part of one of the other appro,,als, to have the assistance of King County in the final negotiations, since they have worked closely with these property owners It was clarified that the City, not the county, will own the property, and that $1,205,000 has been available since 2003. Blanchard explained that the project will work even if one of the property owners decides not to sell. Clark moved to authorize the purchase of the properties known as the Desimone Property, the Flowers Property, and the Koch Property in part with grant funds from the Salmon Recovery Funding Board for Lower Green River Acquisition as well as grant funds from the King County Conservation Futures Grant Program O'Brien seconded. Clark noted that this is part of an attempt to establish the Wild Chinook Salmon and Bullhead Trout stocks. The motion then earned. (REMOVED BY COUNCILMEMBER O'BRIEN) P. Kent Events Center Floodplain Mitigation Project Funds. (CFN-1305) The Waste Action Project, a citizen environmental group, has proposed giving the City funds to be used specifically for fish and wildlife habitat and water quality projects in the City of Kent The city has a number of projects in various stages of planning and design which include these types of features, including the Kent Events Center Floodplam Mitigation Project This project is located on the Boeing Creek along S 212"' Street and 6`" Avenue South, and includes excavation of flood plain storage along the channel. O'Brien referred to a letter from Greg Wmgard, Executive Director of the Waste Action Project, offering to donate $15,000 from penalties assessed against Ralcorp Frozen Bakery Products, Inc and the Waste Action Project He suggested delaying action on this item until he can do some research Clark moved to authorize the Mayor to accept the $15,000 in funds and establish a budget for the Waste Action Project to be used for fish and wildlife habitat and water quality features in the Kent Events Center Floodplain Mitigation Project. Albertson seconded and the motion carried with O'Brien opposed Q. Washington Traffic Safety Commission Grant. (CFN-122) The Washington Traffic Safety Comm i ssi on(WTSC) a grant in the amount of S65,750 for the Kent Drinking Driver Countermeasure Program was accepted This award begins July 1, 2007 and ends June 30, 2009. R. Department of Justice Weed and Seed Program Grant. (CFN-122) A grant in the amount jof$174, 845 from the Department of Justice for the FY2007 Weed and Seed Competitive Program was accepted. The grant funding will be received yearly in increasing amounts over five years for a total of one million dollars Kent's East Hill area has been designated as a Weed and Seed Community Program The grant program requires comprehensive strategies to address areas of high serious and violent crime, drug abuse and gang activity. iOTHER BUSINESS A Amendment to Kent School District Agreement for Phoenix Academy. (CFN-118) The City and the Kent School District have been working to modify provisions of the Joint Use 5 Kent City Council Minutes August 21, 2007 Agreement originated in 1983 to include the operation of an after-school and evening community center on the Phoenix Academy campus The amendment will formalize a partnership with the school district to manage, schedule and program a defined area at Phoenix Academy that includes the main gymnasium, auxiliary gym, adjacent classrooms, restrooms, shared use of the cafeteria, and potentially the weight room. Parks Director Watling explained the project and displayed a map of the area denoting the three classifications of space and management of each. He added that funds are available in the Youth- Teen Fund Sandy Collins and Fred High of the Kent School District spoke, noting that this is a unique opportunity to use the building when school is not in session, and that it fills a great need in the community Harmon moved to authorize the Mayor to sign an amendment to the Joint Use Agreement with the Kent School District to incorporate use of the Phoenix Academy Campus, upon terms and conditions acceptable to the City Attorney. Raplee seconded. Upon a request from Harmon, Watling explained security at the school at night. The motion then carried. B. Kent Events Center Contract. (CFN-1305) Ben Wolters explained that three consultant contracts are required which will provide inspection and commissioning services in support of construction of the Center. He noted that they are within the $78,600,000 budget but are not part of the contract authorized on July 26, 2007 He outlined the contents and cost of each contract, and explained the role of the Public Facilities District as the financing conduit Ranniger moved to authorize the Mayor to sign an agreement with Engineering Economics, Inc , in the amount of$83,774 for LEED (Leadership in Energy and Environmental Design) services; with Shannon & Wilson, Inc , in the amount of S117,469 for monitoring and evaluating the project's sub- grade preparation, and with a consultant yet to be determined in the approximate amount of $100,000 to $125,000 for structural special testing and inspections; and to ratify all acts consistent with this motion Raplee seconded and the motion tamed ADDED OTHER BUSINESS ITEM C Oracle Database Licensing. (CFN-1155) Information Technology Director Carrington explained that as a result of unanticipated changes in Oracle licensing policies, the City is required to update it's legacy database licensing agreement for both the Permit Management and Police Records Management systems He outlined the changes and consequences of delaying approval, and noted that the request to authorize the Mayor to sign a purchase order in the amount of $101,000 was approved by the Operations Committee. Clark moved that the Mayor be authorized to sign a purchase order for Oracle database licensing for Permit Management and Police Records Management systems not to exceed $101,000 Ranniger seconded. Clark reiterated that there are significant cost overruns if action is delayed. The motion then carried. REPORTS A Council President. (CFN-198) No report was given. 6 Kent City Council Minutes August 21, 2007 B. Mayor. (CFN-198) Mayor Cooke noted that a letter from the City of Minneapolis has been received thanking the City of Kent for the letter expressing condolences on the recent bridge collapse. C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) No report was given. 1 E. Planninjj and Economic Development Committee. No report was given. F Public Safety Committee. (CFN-198) No report was given. G. Public Works Committee. (CFN-198) Raplee noted that the September 3`d meeting has been cancelled due to the Labor Day holiday. H. Administration. (CFN-198) CAO Hodgson announced an Executive Session of approxi- mately 30 minutes dealing with two items of pending litigation and one of property negotiations, with action expected when the meeting reconvenes. EXECUTIVE SESSION The meeting recessed to Executive Session at 8 15 p.m and reconvened at 9.15 p m (CFN-198) ACTION AFTER EXECUTIVE SESSION A. Kent 256th Rezone. (CFN-121) The City Attorney explained that when this rezone came to Council, they elected not to upzone the property from 4.5 units per acre to 6 units per acre, and that the City was consequently ordered by King County Superior Court to approve the rezone at 6 units per acre Clark moved to approve Ordinance No 3857 rezoning the Wilson Kent 256`t' Rezone, approximately 1.2 acres of property, from SR-4.5 to SR-6 in accordance with the Hearing Examiner's recommendation and as directed by the King County Superior Court Albertson seconded and the motion carried with Thomas opposed. ADJOURNMENT The meeting adjourned at 9:18 p.m (CFN-198) Brenda Jacober, CMC City Clerk 7 Kent City Council Meeting Date September 4, 2007 Category Consent Calendar 1. SUBJECT: TWIN CREEKS TRACTS A, B AND C DEED LANGUAGE REVISION — AUTHORIZE 1 2. SUMMARY STATEMENT: Authorize the Mayor to accept three parcels (Tracts A, B and C) in Plat of Twin Creeks from King County for the City of Kent to maintain and protect these sensitive areas. The City of Kent annexed the Plat of Twin Creeks located at the intersection of SE 2361h Pl and 132"d Ave. SE from King County through the Meridian Valley Annexation on July 1, 1997. For reasons not known, ownership of Tracts A, B and C were not transferred by King County at the time of annexation. The transfer of ownership for Tracts A, B and C from King County to the City of Kent will allow City staff to protect these sensitive areas adjacent to Upper Meridian Valley Creek and to address maintenance issues 3. EXHIBITS: Public Works memorandum and copy of revised deed from King County 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT NO 1 Expenditure? — 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: Council Agenda Item No 6C 5 PUBLIC WORKS DEPARTMENT 400 Larry R. Blanchard, Public Works Director • KE N T Phone 253-856-5500 Fax: 253-856-6500 WASHINGTON Address- 220 Fourth Avenue S Kent, WA 98032-5895 Date: August 6, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 20, 2007 From: Michael Mactutis, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Acceptance of Three Parcels (Tracts A, B, and C) in Plat of Twin Creeks from King County Item 2 Motion: ■ Required ❑ Not Required ❑ For Information Only 1 Recommend City Council authorize the Mayor to accept three parcels (Tracts A, B and C) in Plat of Twin Creeks from King County for the City of Kent to maintain and protect these sensitive areas. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract ❑ Policy ❑ SOP's ■ Bargain and Sale Deed Governing Policies Procedures Rules & Regulations: Background/History: The City of Kent annexed the Plat of Twin Creeks located at the intersection of SE 236`h PI. and 132nd Ave. SE from King County through the Meridian Valley Annexation on July 1, 1997. For reasons not known, ownership of Tracts A, B and C were not transferred by King County at the time of annexation. Summary: The transfer of ownership for Tracts A and B from King County to the City of Kent will allow City staff to protect these sensitive areas adjacent to Upper Meridian Valley Creek and to address maintenance issues. King County has been unable to respond to maintenance requests in these Tracts from Kent citizens. The City will be able to maintain these areas once ownership is transferred. Recommendations: Recommend City Council to authorize the Mayor to accept three parcels (Tracts A, B and C) in the Plat of Twin Creeks from King County for the City of Kent to maintain and protect these sensitive areas. u Wmm pIPWCommme L4cr,nPage6700710820074a"Pg T.nC b do ' 6 t®�'XSy` `3t4 j� yyJ;NY pp,Sy�ci.Si+ .y14l u' King CountyFaci Real'ities EstateNanagement Serv9e Section Division Cr i Y C aF K Department of Executive Services King County Administration Building 500 Fourth Avenue,Room 500 Seattle,WA 98104-2337 206-296-7470 206-296-0196 Fax IM Relay: 711 July 30, 2007 Joe Fielding, Engineer City of Kent 220 4t' Avenue So. Kent, WA 98032-5895 RE: Tracts A, B & C, Twin Creeks Dear Joe Fielding: Thank you for your recent email regarding the City's Law Department's request to revise the language of the Deed for the above referenced greenbelt properties. Enclosed is a copy of the revised deed. Also enclosed is a copy of the original deed to King County. I have revised the language of the deed as it relates to open space purposes. However, since the original deed to King County did not include any language regarding native growth protection areas, I have not included that language Iin the revised deed. Please review the deed, and if acceptable, notify me by email or letter. Upon receipt of your confirmation, the deed will be recorded and forwarded to you for your files. If you have any questions, please call me at (206) 205-5647. Sincerely, ctenise Hauck, Real Estate Representative Denise.Hauck@kingcounty.gov CT Enclosure 1 1 AFTER RECORDING RETURN TO: K C Real Estate Services 500A King CountyAdmm.Bldg. 500 Fourth Avenue Seattle,WA 98104 BARGAIN AND SALE DEED Grantor-- King County,Washington Grantee-- City of Kent Legal---- Tracts A,B and C, Twin Creeks Tax Aect.- 873173-0720, 873173-0730, and 873173-0740 Reference—Twin Creeks Greenbelts The Grantor, KING COUNTY, a political subdivision of the State of Washington, for and in consideration of mutual benefits, pursuant to King County Code 4.56.070, does hereby bargain, sell and convey unto the CITY OF KENT, a municipal corporation of the State of Washington, the following described lands, situate in King County, Washington and referred to herein as the Property': Tracts A, B, and C, Twin Creeks, as recorded in Volume 90 of Plats,pages 42 and 43, records of King County, Washington. SUBJECT TO the following covenants, which are intended to be running covenants burdening and benefiting the parties, successors and assigns: The City covenants that the Property shall continue to be used for open space or recreation purposes unless other equivalent lands or facilities within the county or the city are received in exchange therefore and the replacement lands or facilities are used in perpetuity for open space or recreation purposes. The City further covenants that it will not limit or restrict access to and use of the Property by non-city residents in any way that does not also apply to city residents. The City covenants that it shall place all applicable covenants in any deed transferring the Property or a portion of the Property for recreation or open space uses. PLD s Dated this day of 72007 KING COUNTY,WASHINGTON BY TITLE STATE OF WASHINGTON ) ' ) SS COUNTY OF KING ) I certify that signed this instrument, on oath stated that he was authorized by the King County Executive to execute the instrument, and acknowledged it as the of King County, Washington to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Dated NOTARY PUBLIC in and for the State of Washington,residing at My appointment expires r r #-L jvtj rAht r_,t , ��.�ii`,!voo t�t3 2ca v�4Of G VOL- B�'"" cr of recor-,s ram+ W H PAGE ... �� 4F(f tl. U OH ; ED 3 x aW� � 3 � • CD e , 3, m c FORM L59 Statutory Warranty Deed Jf (CORPORATE FORM) THE GRANTOR Vista View Builders, Inc. ' for and inconsideration of a-gift acceptance of parcels A,B & C of_rhe plat of Twin Creeks for filling and to insure compliance of R.C.W. 58.16 jua in band paid,conveys and warrants to King County the following described real estate,situated to the County of King ,State of Washington Parcels A, B & C of Twin Creeks, as recorded in Volume 90 Pages 92 93 Records of King County viashington. On condition that: By acceptance of this deed the County of King covanents and agrees that the use of subject property shall be restricted to open space and recreational purposes only. King County further covanents and agrees that King County will not use,nor will King County authorize the use, of subject property for any use except open space and re— creational uses. The County may; however, place improvements and impose such regulations on said property as is consistent with the proper maintenance and preservation of the public health, safety, morals and general welfare. QUY 1�1"I&« �- r IN WITNESS WHEREOF, said corporation has caused this m�stti"ent to be executed by its proper officers t "Anil Rs corporate seal to be hereunto affixed this 3,+-4�—day of if "eyi �yGy t VistaWBuilders,ieInc. By Pressdew BY Secretary. "' n•STATE'OF WASHINGTON, County of 0 On this day of �f`f ,before me, the undersigned, a Notary Publu ri'd for the fate of Washinzondu;eZ�c�omissi a sworn, personally appeared .t/ and " G.���,.�, to me known to be the �i-:-G President and Sec ary,respectively,of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and volun ct and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that authorized to execute the said instrument and that the seal affixed is the corporate seal of said ."st.' -Sow• hand and official seal hereto affixed the day and year ist abme written '.i�•; - -tart• Public sn an ar tkc Statt -1 W'ashingron, -s restdtna a[ ni, i.l.S -77 10 r"Ag"P r2 04'Fe 44A �I_ T A?rry I R _77 Alai, n, o. 13� P2 :T4r., 4LIf uih se QU .3u Li z 0 Ld lu f �%l "0 ILIT aryfil z NO 0 6 LLJ cEf) v k 004171fOvos 1\4 37 ee 6 VZIY _Q7fiA/ _XZ// cvz:. cvzF N zi 1w:I J701% • 1,9377f z Yllorz".,OFF X 214W 4 0 F/ZY -26 'k 3; Lij 4E 70,9,p.. or.r 17;'O.P map "fo IAI 4k. An mr _"bo 00 oe woz Kent City Council Meeting Date September 4, 2007 Category Consent Calendar ' 1 SUBJECT: MID-YEAR BUDGET ADJUSTMENT ORDINANCE —ADOPT I2. SUMMARY STATEMENT: Adopt Ordinance No. which consolidates budget adjustments made between January 1, 2007 and July 31, 2007, as recommended by the Operations Committee The adjustments total $5,950,087, including $5,469,196 previously approved by Council The ordinance also includes a net increase of $480,891 not previously approved by Council The increase is to authorize the I expenditure of dedicated revenues already received, consistent with the terms for the dedicated sources. Total positions authorized is increased by 1.0 full time equivalents for the full time Battalion Chief in Fire Prevention already approved by Council. 3. EXHIBITS: Exhibit A to the Budget Adjustment Ordinance summarizes the changes in expenditures by fund I4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure" Revenue? _ Currently in the Budget9 Yes No If no: Unbudgeted Expense: Fund Various Amount $480,891 Unbudgeted Revenue. Fund Various Amount $480,891 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda 1 Item No. 6D 1 ORDINANCE NO. IAN ORDINANCE of the city council of the city of Kent, Washington, amending the 2007 budget for adjustments made from January 1, 2007, to July 31, 2007. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS. SECTION 1 - Budget Adjustment. The 2007 city budget is amended to include budget fund adjustments as summarized and set forth in Exhibit"A,"which is attached and incorporated by this reference. Authorized positions are increased by 1.00 full-time equivalent SECTION 2. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 3. - Severabilitv. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. 1 2007 First Half Budget Adjustments SECTION 4. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of September, 2007. APPROVED: day of September, 2007. PUBLISHED: day of September, 2007. I hereby certify that this is a true copy of Ordinance No. passed by the t 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 Wavn\ommaoce�uage UVmene mm Ia me 2 2007 First Half Budget Adjustments , L 14 ' City of Kent Budget Adjustment Ordinance Adjustments January 1, 2007 to July 31 , 2007 Exhibit A Adjustment Fund Title Ordinance 001 General Fund 1,008,225 110 Street Fund 0 150 Capital Improvement Fund 992,498 160 Criminal Justice Fund (13,525) 180 Housing & Comm Dev Fund 3,863 190 Other Operating Projects Fund 1,173,967 310 Street Capital Projects Fund (628,528) 320 Parks Capital Projects Fund 1,244,089 330 Other Capital Projects Fund (180,000) 340 Technology Capital Projects 20,000 350 Facilities Capital Projects 441 ,646 410 Water Operating Fund (50,000) 440 Sewerage Operating 1,716,000 510 Fleet Services Fund 146,852 540 Facilities Management Fund 75,000 Total Gross Budget Change 5,950,087 Less Internal Service Funds 0 Other Transfers (2,220,484) Internal Transfers (109,258) Subtotal (2,329,742) Total Net Budget Change 3,620,345 Kent City Council Meeting Date September 4, 2007 Category Consent Calendar 1. SUBJECT: 2008 BUDGET— SET DATE FOR FIRST PUBLIC HEARING ' 2. SUMMARY STATEMENT: Set September 18, 2007, as the date for the first of two public hearings on the 2008 budget. 3. EXHIBITS: None 4. RECOMMENDED BY: (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 S 6. CITY COUNCIL ACTION: Councilmember moves, Councitmember seconds DISCUSSION: ACTION• Council Agenda Item No. 6E Kent City Council Meeting Date September 4, 2007 Category Consent Calendar 1. SUBJECT: 2008-2013 CAPITAL IMPROVEMENT PLAN— SET PUBLIC HEARING DATE 1 2. SUMMARY STATEMENT: Set September 18, 2007, as the date for the public hearing on the 2008-2013 Capital Improvement Plan. 3. EXHIBITS: None i4. RECOMMENDED BY: (Committee, Staff, Exammer, Commission, etc.) 5 FISCAL IMPACT Expenditure's N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i 1 DISCUSSION: ACTION: Council Agenda Item No 6F Kent City Council Meeting Date September 4, 2007 Category Consent Calendar 1. SUBJECT: EXCUSED COUNCIL ABSENCE —APPROVE 2. SUMMARY STATEMENT: Approve an excused absence for Councilmember Clark, who is unable to attend tonight's meeting. 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 S Unbudgeted Revenue: Fund Amount S 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G City Council Dr Deborah Ranniger, Council President Phone 253-856-5712 K E N T Fax 253-856-6712 WASHINGTON Address 220 Fourth Avenue S Kent, WA 98032-5895 MEMORANDUM TO: Suzette Cooke, Mayor City Councilmembers ' FROM: Tim Clark, Councilmember DATE: September 4, 2007 SUBJECT: City Council Excused Absence ' I would like to request an excused absence from the September 4, 2007 City Council meeting. I will be unable to attend. Thank you for your consideration. Tim Clark Jp Kent City Council Meeting Date September 4, 2007 Category Other Business 1. SUBJECT: KENT EVENTS CENTER PUBLIC FACILITIES BOARD MEMBER APPOINTMENTS ' 2. SUMMARY STATEMENT: On August 7th, Council passed Ordinance No 3852, creating the City of Kent Special Events Center Public Facilities District ("PFD"). A five-member board of directors will operate the PFD, and Council appoints those directors Council has sole authority to select two of these members, but it must select the remaining three members upon recommendations from local organizations, such as , without limitation, the Chamber of Commerce, a local labor council, a local economic development council, a local service club, etc The Mayor will be presenting recommendations for director positions at the meeting ' The terms of the initial directors are staggered: one director will serve a one-year term; one director will serve a two-year term, one director will serve a three-year term, and two directors will serve four-year terms As these initial terms expire, all subsequent directors will serve four-year terms. Accordingly, the council will have to select directors and also determine the initial term of each director selected. Once the directors are selected, the PFD is deemed established by law. The directors should hold an organizational meeting within ten days of their selection to enact by- laws and other organizational documents and to commence the process to fund the Kent SEvents Center. 3 EXHIBITS: Ordinance No. 3852 4. RECOMMENDED BY: Administration (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 $ (Continued on back) Council Agenda Item No. 7A 6. CITY COUNCIL ACTION: Council ember moves, C uncilmember seconds to appoint as director o e City of Kent Special Events Center Public Facilities Distr t for a one-year term* to appoint as di r ctor of the City of Kent Special Events Center Public Facilities District for two-ye term; to appoint as director of the City of Kent Special Events Center Public Facilities District for a ree- ear term; to appoint and as directors of the City of Kent Special Events Center Pu is Facilities Dist r t for four-year terms, DISCUSSION: ' ACTION: , Council Agenda Item No 7A ORDINANCE NO. k- C AN ORDINANCE of the City of Kent, Washington, providing for the creation, powers and governance of a public facilities district to provide for the design, construction, ownership, operation, and/or financing of a regional center, comprised of a multi- purpose arena for hockey and other public uses. RECITALS A. Chapter 35.57 RCW (the "City PFD Act") authorizes the City of Kent ("the City") to create a public facilities district coextensive with the boundaries of the City for the purposes, among others, of constructing, owning, operating and/or financing regional centers. B. A regional center is defined in RCW 35.57.020 as a convention, conference, or special events center (consisting of facilities available to the public and used for community events, sporting events, trade shows, and artistic, musical, theatrical, or other cultural exhibitions, presentations or performances) or any combination of such facilities, and related parking facilities, serving a regional population, constructed, improved or rehabilitated at a cost equal to or greater than $10,000,000, including debt service. C. The City Council of the City of Kent has determined that it is in the best interest of the City and its citizens to provide for the design, construction, ownership, operation and/or financing of a regional center, for the sole purpose of pursuing the design, construction, ownership, operation, and/or financing of specifically, a special events center that includes a multi-purpose arena for hockey and other public uses, together with related parking facilities ("Special Events Center"), individually or in cooperation with other governmental and/or private entities as allowed by law, located within the City to provide needed public 1 PUBLIC FACLITIES DISTRICT FORMATION facilities to serve a regional population and to serve local and regional business, community, family entertainment, youth, performance sport, recreation and athletic organizations, to promote economic development and to further the revitalization of business, financial and commercial interests within the City. D. As authorized by the City PFD Act and RCW 82.14.390, and subject to certain restrictions, a public facilities district created by a City located in a county with a population greater than one million may create a public facilities district, when the city has a total population of less than 115,000 but greater than 80,000 and commences construction of a regional center prior to July 1, 2008, and such a public facilities district may impose solely for regional center purposes, a 0.033 percent sales and use tax that is deducted from the amount of the sales and use tax otherwise required to be collected and paid over to the Washington State Department of Revenue under Chapter 82.08 and 82.12 RCW. E. According to the Washington State Office of Financial Management's population figures as of April 1, 2005, the population of the City of Kent is 84,920. F. The City Council has determined that It is In the best interest of the City and its citizens to create a public facilities district to assist the City in the financing of a viable Special Events Center project and for the public facilities district board of directors to serve in an advisory capacity to the operations of a viable Special Events Center project located within the City of Kent, with the construction, ownership and operation of that Special Events Center to be carried out by the City of Kent on behalf of the City and the public facilities district. THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCrE SECTION 1. — Creation and Purpose Pursuant to Chapter 35.57 RCW (the "City PFD Act"), there is hereby created a public facilities district which shall be called the City of Kent Special Events Center Public Facilities District (the "District") coextensive with the boundaries of the City, as those boundaries are 2 PUBLIC FACLITIES DISTRICT FORMATION changed from time to time, with the powers and authority set forth by law and below. The District is established for the sole purpose of pursuing the design, construction, ownership, operation and/or financing of a regional center comprised of a Special Events Center, individually or in cooperation with any other governmental and/or private entities as allowed by law. As provided by RCW 35.57.010(4), the District is a municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution. SECTION 2. — Board of Directors. The Board of Directors (the "Board") shall consist of five directors ("Directors"). The Directors of the Board shall be selected and appointed by the City Council consistent with RCW 35.57 010(3)(a). Of the initial Directors, for the purpose of determining the length of terms of the initial members of the Board, the City Council shall designate by resolution which initial member will be appointed for a one-year term, which will be appointed for a two-year term, which will be appointed for a three-year term, and which have been appointed for four-year terms. Thereafter, all Directors shall be appointed to four-year terms of office. SECTION 3. — Organizational Meeting. The District shall be deemed established as of the date of the appointment of the initial Directors of the Board. Within ten (10) days of such date the Mayor or her designee shall hold an organizational meeting of the District's initial Board, giving at least three (3) days' advance notice to each of the Directors, unless waived in writing. At such meeting, the Board shall organize itself, may appoint officers, and shall select the District's place of business. However failure to hold an organizational meeting within the 10-day period set forth above shall not render a subsequent organizational meeting invalid. The Mayor, the Finance Director of the City and their designees are authorized and directed to take any and all additional actions as may be necessary or desirable to accomplish the organization of the District. SECTION 4. — Organization. The District shall adopt and maintain rules of jprocedure and governance of its activities through bylaws duly adopted by the 3 PUBLIC FACLITIES DISTRICT FORMATION District Board. The power to alter, amend, or repeal the bylaws and adopt new bylaws shall be vested in the District Board, except the bylaws shall be consistent with this ordinance and the Interlocal Agreement entered into with the City. SECTION 5. — Powers, Duties, and Limitations. For the purpose of providing for the design, construction, ownership, operation and/or financing of a Special Events Center, the District shall have the powers, duties, and limitations specified by the City PFD Act, RCW 82.14.390 and other applicable law, that are consistent with this ordinance and any interlocal agreement it enters into with the City. The Finance Director of the City shall serve as Treasurer of the District, pursuant to the interlocal agreement substantially in the form attached as Exhibit A and incorporated herein by reference, as such interlocal agreement may be amended from time to time (the "Interlocal Agreement"). It is the intention of the City that the primary role of the District shall be to assist in the financing of the Special Events Center and to serve in an advisory capacity in regards to the operation of the Special Events Center, and that the design, construction, ownership, and operation of the Special Events Center and any other regional center projects shall be carried out by the City, on behalf of the City and the District, pursuant to the Interlocal Agreement between the City and the District. To assist in financing the design, acquisition, and construction of the Special Events Center, the District shall also have the authority to issue revenue bonds or general obligations bonds consistent with RCW 35.57.030, RCW 35.57.090 and , other applicable provisions of state law, but only in such principal amounts as may be approved by the City. All such bonds and or liabilities of the District shall be satisfied exclusively from the assets, properties, credit, or services of the District unless the City expressly agrees to pay for or to guarantee such obligations pursuant to a financing and contingent loan agreement with respect to such obligations. Without prior approval by the City Council, the District shall not participate in or carry out the design, construction, ownership, operation and/or financing of any regional center or other facility other than a Special Events Center. SECTION 6. — Interlocal Agreement. The City desires to facilitate the creation and operation of the District. Accordingly, the City Council approves the City's execution of the Interlocal Agreement. The Mayor is authorized to execute 4 PUBLIC FACLITIES DISTRICT FORMATION i Lan agreement substantially in the form of Exhibit A, together with such other 4 modifications as she deems consistent with the purposes of this ordinance. SECTION 7. — Severabflity. If any section, sentence, clause, or phase of this ordinance should be held invalid or unconstitutional by a court of competent Jurisdiction such invalidity or unconstitutionality shall not affect the validity of the constitutionality of any other section, sentence, clause, or phrase of this ordinance. SECTION S. — Effective Date of ordnance - Ratification of Prior Acts. This ' ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. Any action taken consistent with the authority of this ordinance, after its passage but prior to its effective date or the effective date of the formation of the District, is ratified, approved, and confirmed. WUE7TTCOOKE, MAYOR ATTEST: BRENDA JACOBER, CITY LERK APPROVED AS TO FORM: FOSTJIR PEPPER PLL PASSED: rl day of August, 2007. APPROVED: day of August, 2007. PUBLISHED: day of August, 2007. 5 PUBLIC FACLITIES DISTRICT FORMATION I hereby certify that this is a true copy of Ordinance No. Jd `passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated. BRENDA JACOBER, CV CLERK P:\Qvd\Ordrnance\EventsCenter-PFD-Formabon-CLEAN.doc 1 i l 6 PUBLIC FACLITIES DISTRICT FORMATION EXHIBIT A FORM OF INTERLOCAL AGREEMENT I 1 1 1 t I 1 I 1 1 j INTERLOCAL AGREEMENT FOR DEVELOPMENT OF SPECIAL EVENTS CENTER This Tnterlocal Agreement ("Agreement") is entered into by and between the City of Kent, a city duly organized and existing under and by virtue of the laws of the state of Washington (the "City") and the Kent Special Events Center Public Facilities District, a municipal corporation duly organized and existing under and by virtue of the laws of the state of Washington, established by the City of Kent (the "District"). RECITALS 1. The City Council of the City (the "City Council"), by Ordinance No. effective , 2007, established the District for City purposes, pursuant to Chapter 35.57 RCW, to assist in the design, construction, ownership, financing and operation of a , regional center defined under RCW 35.57.020 (a "Regional Center"), specifically, as a multi- purpose arena for hockey and other public uses, together with related parking facilities (a "Special Events Center"); and 2. The City and the District have determined to proceed with the development of a the Special Events Center to serve a regional population and to serve local and regional business, community, family entertainment, youth, performance sport, recreation and athletic organizations, to promote economic development and to further the revitalization of business, financial and commercial interests within the City; and 3. The District has imposed or will impose, under the authority of RCW r 82.14.390, a Sales and Use Tax at the rate of 0.033 percent of the selling price or value of any article sold or used within the corporate limits of the District (which limits are coextensive with the boundaries of the City) to support the development of the Special Events Center; and 4. Money received by the District under the authority of RCW 82.14.390 must be used for the acquisition, financing, design, construction, operation and maintenance of a Regional Center and related parking facilities as defined by RCW 35.57.020 and must be matched with an amount, from other public or private sources, equal to 33 percent of the amount collected by the District under RCW 82.14.390; and 5. The City has previously retained consultants and a general contractor/construction manager to proceed with the design and construction of a Special Events Center to be located on City-owned property, and the City has also negotiated the terms of a long-term license agreement with Thunderbird Hockey Enterprises, LLC for the use of the Special Events Center for Western Hockey League games, and ' 6. The District desires to participate jointly with the City in the development of the Special Events Center, specifically, to provide financing for part of the cost of that facility; and 7. The City and the District have the authority to enter into interlocal agreements under chapter 39.34 RCW for joint and cooperative action, including provisions to finance joint or cooperative undertakings, multi-purpose community centers, regional centers and other facilities and to provide for services to be provided by one government to another; and A-1 i 8. The City and the District have the authority, pursuant to applicable provisions of state law, including chapters 35.57 RCW and RCW 82.14.390, to jointly acquire, design, construct, own, remodel, maintain, equip, re-equip, repair, finance and operate a Regional Center, including related parking facilities; and these agencies propose to use one or more mterlocal agreements to make effective and efficient use of the powers and authorities granted to them to construct, own and operate Regional Centers such as the Special Events Center to serve the City and adjacent regional areas; and 9. The District desires to make ongoing project payments to the City to contribute to the cost of the joint construction and operation of the Special Events Center, and alternatively the City may request that the District issue bonds or other obligations, payable from District taxes, to contribute to the cost of construction of the Special Events Center; NOW, THEREFORE, the City and the District enter into this Agreement which outlines the responsibilities and commitments of each Party in the development of the Special Events Center: A. DEFINITIONS For the purposes of this Agreement, the terms defined in this Section shall have the following meanings: Agreement is this Interlocal Agreement entered into among the City and the District under the authority of chapter 39.34 RCW for the development of the Special Events Center as a Regional Center. City is the city of Kent, a municipal corporation of the state of Washington. District is the Kent Special Events Center Public Facilities District, a municipal corporation established by the City of Kent by Ordinance No. adopted by the City Council pursuant to the authority of chapter 35 57 RCW. Special Events Center is a multi-purpose arena for hockey and other public uses approved by the City, together with related parking facilities, to be located north of and adjacent to James Street in Kent between 51h Ave. South and the Union Pacific Railroad right-of-way. Develop or Development includes any one or more of the following: acquisition of, construction of, ownership of, remodeling, maintaining, equipping, re-equipping, repairing, financing, and operating the Special Events Center as specified herein and undertaken by the Parties as agreed to in this Agreement according to the powers conferred upon the LParties under chapter 35.57 RCW and RCW 82.14.390. Local Match is the amount of money or in-kind contributions derived from public or private sources required by RCW 82.14 390(4) to match the amount of Sales and Use Taxes received and utilized by the District for the development of a Regional Center. 1 Parties means the City and the District. Regional Center, as defined in RCW 35.57.020, means a convention, conference, or special events center, or any combination of facilities, and related parking facilities, serving S A-2 a regional population and constructed at a cost of more than Ten Million Dollars ($10,000,000), including debt service. Sales and Use Taxes are the taxes imposed, received and applied by the District pursuant to the authority of RCW 82.14.390 for the development of a Regional Center. B. DEVELOPMENT OF THE SPECIAL EVENTS CENTER The Parties intend to jointly develop the Special Events Center, In accordance with this Agreement, as a multipurpose regional, tourism-related facility, meeting the definition of a Regional Center under RCW 35.57.020. The Special Events Center is intended to serve as a Regional Center serving the City, the District and their respective residents, as well as serving a broader population in the region and the state, all consistent with chapter 35 57 RCW. The City, on behalf the Parties, shall commence construction of the Special Events Center as a Regional Center prior to January 1, 2009. The City shall, on behalf of itself and the District, be the agency with the primary responsibility for the development of the Special Events Center as a Regional Center, as defined by RCW 35.57 020, and shall finance (with District assistance), acquire, design, construct, own, operate and maintain the Special Events Center, and otherwise administer its development and operation for the benefit of itself and the District, all subject to the limitations set forth herein. B.I. Site Acquisition, Development and Ownership. r a. The City has acquired all real property necessary to serve as a site for the Special Events Center. Title to Special Events Center property shall be in the City, which shall hold that property and the Special Events Center on behalf of and for the benefit of the Parties. For purposes of any legal proceedings to which the City and the District may be parties, this Agreement shall serve as a joint defense agreement and the Parties and their attorneys may Jointly share confidential information which shall be nondisclosable to others. b. The City shall, on behalf of the Parties, acquire the approvals necessary and shall take such other actions as may be required to enable the site to be suitable for use as a Special Events Center. C. The City shall develop the Special Events Center, and shall own and t operate the Special Events Center for and on behalf of the Parties The District's interest in the Special Events Center shall terminate and revert to the City upon the retirement, redemption or defeasance of the bonds described in Section C, the final distribution to the District of Sales and Use Taxes, the termination of the District's obligation to make project payments to the City, or when mutually agreed between the District and the City, consistent with applicable law. The District's ownership interests in the Special Events Center also shall be transferred to the City if the District ceases to exist; provided that any District obligations with respect to the Special Events Center shall have been retired or fully provided for, or, if not, that the City shall assume all remaining obligations of the District related to the Special Events Center. d. The District's Board of Directors may, upon the City's request, advise the City on the operation of the Special Events Center. The City may from time to time request that the Board provide such advice on specific topics of concern i A-3 I B.2. Administration of This Agreement: Responsibilities of the Parties. a. No separate legal entity will be established to conduct the joint and cooperative undertaking of the Parties. Pursuant to RCW 39.34.030(4)(a), the City, and specifically the Mayor of the City, shall serve as the administrator responsible for administering the joint and cooperative undertaking. b. The City shall provide a meeting place for the District's board of directors and shall provide staff support for District meetings. The City shall advance costs to the District to provide for professional services, insurance, supplies, staff support, record- keeping, treasury, financial and other materials and services reasonably requested from the City by the District Upon the City's request, the District shall reimburse the City for City expenses advanced by the City for professional services, insurance, supplies, staff support, record-keeping, treasury, financial and other materials and services requested from the City by the District, except to the extent the City determines that any such services are to constitute a portion of the matching funds required under RCW 82.14.390. C. The Finance Director of the City shall serve as Treasurer of the District. The Finance Director, on the District's behalf, shall prepare, maintain, and provide financial reports to the City and to the District's board of directors, at such times and in such form as the Mayor and the District's board may require. d. Subject to applicable law, the District shall not act to dissolve itself or otherwise eliminate its obligations pursuant to this agreement before the retirement, redemption or defeasance of the bonds described in Section C, the final distribution to the District of Sales and Use Taxes, and the termination of the District's obligation to make project payments to the City. C. FINANCING OF THE SPECIAL EVENTS CENTER C.I. General Obligations and Revenue Obligations. a. The total cost of design and construction of the Special Events Center is currently estimated to be approximately Seventy-eight Million Six Hundred Thousand and 00/100 Dollars ($78,600,000.00) At the City's option a portion of the cost of design and construction of the Special Events Center may be financed by either general obligation bonds and/or revenue bonds of the City. The City may issue general obligation bonds secured by the full faith and credit of the City, and may issue either general obligation bonds or revenue bonds payable in whole or in part from intergovernmental project payments from the District to the City from the proceeds of the Sales and Use Taxes. Upon written request of the City, if the City executes a financing and contingent loan agreement with the District to support the District's obligations, the District shall issue either general obligation bonds and/or revenue bonds in amounts sufficient to provide for all or part of the cost of the design and construction of the Special Events Center. Long-term obligations may be issued up to the maximum term allowed by law. The obligations issued by the City for the development of the Special Events Center may be in one or more series and may be tax-backed general obligations, revenue obligations or a combination thereof. District general obligation bonds shall pledge the Sales and Use Taxes and the full faith and credit of the District The type and amount of bonds or other obligations issued by the City and/or the District shall be determined by the City, in consultation with the District's Board of Directors. A-4 b. The District shall impose the Sales and Use Taxes authorized by RCW 82.14.390 to finance part of the cost of the joint acquisition, design, construction, operation and maintenance of the Special Events Center. If requested by the City, the District shall promptly (and in no event at least monthly) remit the proceeds of those taxes, as intergovernmental project payments, to the City for the purposes set forth in this Agreement. C. If determined to be advantageous to the financing of the Special Events Center, the City may at its option execute a contingent loan agreement with the District, under which the City will agree to make loans to the District in the event that insufficient Sales and Use Taxes are available to provide for debt service on District general obligation bonds. C.2. Local Match. The City will provide for the contribution of 33 percent Local Match, as required by RCW 82.14.390(4), with respect to the Sales and Use Taxes levied and received by the District and contributed to the City pursuant to this Agreement. It is anticipated that such match will be provided by City general funds and City revenues from the ownership and operation of the Special Events Center. C.3. Pledoe of Revenue in Su000rt of Bonds. The Parties acknowledge and agree that the City or District, as appropriate, may pledge this Agreement, as well as all Sales and Use Tax received from the District, to the payment of bonds, short-term notes or other obligations issued to finance the Special Events Center. Such pledges will be material to the offer and sale of the bonds, and will be disclosed to potential purchasers and purchasers of bonds issued by the City or the District, respectively The Parties consider this Agreement to be a binding contract and acknowledge that lenders to the City, including bondowners, holders of short-term notes and financial institutions providing credit support for such bonds or other obligations, will rely on the terms of this Agreement, including the pledge by the District to make the monthly payments described in Section C.1.b, in deciding to make loans to the City or in purchasing bonds or short-term notes for the funding of the development of the Special Events Center, or in providing credit support for such bonds, notes or other obligations. The Parties acknowledge that lenders to the District, including bondowners, holders of short-term notes and financial institutions providing credit support for such bonds or other obligations, will rely on the terms of this Agreement, including the pledge by the City to make loans to the District under any contingent loan agreement under Section C.1.c, in deciding to make loans to the District or in purchasing bonds or short-term notes for the funding of the development of the Special Events Center, or in providing credit support for such bonds, notes or other obligations Each of the Parties acknowledges that its commitment under this agreement constitutes a valid and binding enforceable, contractual commitment by that Party. Obligations issued by each Party, and disclosure documents related thereto, shall contain a statement to the effect that those obligations shall be payable solely from sources expressly pledged. However, each Party acknowledges that with respect to obligations issued by the other Party, it may be treated as on "obligated person" for the purposes of Securities and Exchange Commission Rule 15c2-12(b)(5), and each Party , agrees to make an appropriate written undertaking for the benefit of owners of bonds, consistent with the requirements of that SEC rule. C.4. Limitation on Additional Protects. j A-5 Without the City's written concurrence, the District shall not impose any taxes or engage in the development, financing, ownership or operation of any Regional Center or other facility other than the Special Events Center. Further, upon the City's reasonable request, the District shall impose such taxes or fees to support the Special Events Center as the District may be authorized to impose under applicable law. The District also agrees that 1 it will not amend Article V ("Purpose") of its bylaws without approval by the City Council. D. INDEMNIFICATION To the extent permitted by law, the City shall indemnify, defend and hold harmless the District, its officers and agents from all claims, losses, suits, actions, legal or administrative proceedings, costs, attorneys' fees, litigation costs, expenses, damages, penalties, fines, judgments or decrees by reason of any death, injury or disability to or of any person or party, including employees, and/or damage to any property or business, including loss of use (collectively "damages") caused by any negligent act, error or omission of the City or its officials, officers, employees, agents, contractors or subcontractors (the "City's Functionarres"), when acting within such designated capacity, arising out of the development, financing, acquisition, design, construction, ownership, operation, or maintenance of the Special Events Center. The City's obligation shall include, but not be limited to, defending all claims alleging damages from any negligent action, error or omission or breach of any common law, statutory or other delegated duty by the City and the City's Functionaries The District will provide information to the City, and the City will provide information to the District, regarding all claims. To the extent permitted by law, the District shall indemnify the City, its officers and agents from all claims, losses, suits, actions, legal or administrative proceedings, costs, attorneys' fees, litigation costs, expenses, damages, penalties, fines, judgments or decrees by reason of any death, injury or disability to or of any person or party, including employees, and/or damage to any property or business, including loss of use (collectively "damages") caused by any negligent act, error or omission of the District its officials, officers, employees, agents, contractors or subcontractors other than the City (the "District's Functionaries"), when acting within such designated capacity, arising out of the development, financing, acquisition, design, construction, ownership, operation, or Imaintenance of the Special Events Center. The City agrees to acquire and maintain insurance in form and amounts as it determines is consistent with the coverage of comparable Special Events Center facilities and undertakings related to said facilities as contemplated under this Agreement and to name the District as an additional named insured. Such insurance may, without limitation, include self-insurance and/or pool insurance. If a license agreement or other agreement with a user of the Special Events Center provides that the licensee must obtain specified insurance and name the City as an additional insured, the City will use reasonable efforts to have the District also named as an additional insured. E. SUPPLEMENTAL DOCUMENTS The Parties agree to complete and execute all supplemental documents necessary or appropriate to fully implement the terms of this Agreement. A-6 F. DURATION OF AGREEMENT This Agreement shall continue in full force and effect until the later of: the retirement, redemption or defeasance of the bonds described in Section C, the final distribution to the District of Sales and Use Taxes, or the termination of the District's obligation to make project payments to the City. G. GOVERNING LAW; VENUE This Agreement is governed by, and shall be construed in accordance with, the laws of the State of Washington. Except as otherwise required by applicable law, any legal action under this Agreement shall be brought in the Superior Court of the State of Washington in and for King County. H. SEVERABILITY In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. I. AMENDMENTS This Agreement may not be effectively amended, changed, modified, altered, or terminated except by an instrument in writing duly executed by the City and the District (or their successors). J. NO RIGHTS CREATED IN THIRD PARTIES r The terms of this Agreement are not intended to establish nor to create any rights in any persons or entities other than the City and the District and the respective successors and assigns of each. K. EFFECTIVE DATE This Agreement is dated and is effective as of the later date of execution by each of the two parties, as indicated below. IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized officers and representatives as of the day indicated below. CITY OF KENT KENT SPECIAL EVENTS CENTER PUBLIC FACILITIES DISTRICT Suzette Cooke, Mayor . Chair Date: Date: P\Qvd\Ordinance\EventsCenter•PFD-Formation-InterlocalAgme doc A.7 i Kent City Council Meeting Date September 4, 2007 Category Bids I1. SUBJECT: FIRE STATION 76 FENCING PROJECT 2. SUMMARY STATEMENT: The bid opening was held on August 21, 2007, with three bids received The apparent low bid was submitted by Quality Fence Builders for the amount of$47,000, excluding Washington State Sales Tax (WSST). The Engineer's estimate is $60,000, excluding WSST 1 The project involves installing a chain link fence and motor operated gate at Fire Station 76. i i 3. EXHIBITS: Bid tab 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget'? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue. Fund Amount $ 6. CITY COUNCIL ACTION: ICouncilmember moves, Councilmember seconds to authorize the Mayor to enter into an agreement with Quality Fence Builders for the amount of S47,000, plus Washington State Sales Tax to complete the fencing project at Fire Station 76. DISCUSSION: ACTION: Council Agenda Item No 8A e�K WnS HiHcran i I City of Kent Bid Tab Project: Install Chain Link Fence and Motor Operated Gate at Fire Station August 21, 2007 Estimated Cost: $60,000.00 i Name of Bidder Bid Amount Quality Fence Builders $47,000 1 Commercial Fence Corp $49,305 Mocon $66,986 1 I i i i 1 r REPORTS FROM STANDING COMMITTEES AND STAFF tA. COUNCIL PRESIDENT ZZ r B. MAYOR r C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE r rE. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE r tG. PUBLIC WORKS H. ADMINISTRATION r REPORTS FROM SPECIAL COMMITTEES r r 1 KENT WASHINGTON OPERATIONS COMMITTEE MINUTES AUGUST 7, 2007 Committee Members Present. Debbie Raplee, and Tim Clark, Chair Deborah Ranniger was absent. r Agenda Item No. 5 Oracle Licensing for Permitting and Police Records Systems was removed from the agenda The meeting was called to order by Tim Clark, Chair at 4:16 p.m. r 1. APPROVAL OF MINUTES DATED JUNE 19 2007 Debbie Raplee moved to approve the minutes of the June 19, 2007, Operation Committee meeting. Tim Clark seconded the motion, which passed 3-0, with Chair Clark having Deborah Ranniger's concurrence. 2. APPROVAL OF VOUCHERS DATED JUNE 30, 2007, JULY 15, 2007, AND JULY 31, 2007 Finance Director Bob Nachlinger presented the vouchers for June 30, 2007, July 15, 2007, and July 31, 2007, for approval Debbie Raplee moved to approve the vouchers dated June 30, 2007, July 15, 2007, and July 31, 2007. Tim Clark seconded the motion, which passed 3-0, with Chair Clark having Deborah Ranniger's concurrence. r3. INCREASE CHANGE ACCOUNT BALANCE ORDINANCE Finance Director Bob Nachlinger presented the Increase Change Account Balance Ordinance. Mr. Nachlinger advised that this item is basically a housekeeping item and advised that change accounts are used for certain City receipting operations, e.g the Riverbend Golf Complex Chapter 43.09 Revised Code of Washington gives the State Auditor's Office (SAO) the authority to prescribe certain financial reporting and operating practices. SAO requires a separate ordinance or resolution for the establishment of new, or modifications of existing, change accounts. Mr. Nachlinger advised that the change account currently totals $7,050, including a $2,200 increase during 2005 for expanded Parks, Recreation and Community services operations. Kent City Code 3.41 020 establishes a $6,000 change account limit. The request for a $10,000 limit incorporates expected future growth, including potential annexations. Only amounts actually required will be drawn down. Questions were raised by the Committee and Mr. Nachlinger addressed those questions. Debbie Raplee moved to recommend council adopt the proposed ordinance which amends section 3.41.020 of the Kent City Code to increase the maximum change account from $6,000 to $10,000. Tim Clark seconded the motion, which passed 3-0, with Chair Clark having Deborah Ranniger's concurrence. r 2 Operations Committee Minutes August 7, 2007 Page- 2 r 4. JDE/PEOPLESOFT SERVER UPGRADES Technical Services Manager Paul Dunn presented the JDE/PeopleSoft Server Upgrade. Mr. Dunn advised The City's General Accounting, Human Resources, Procurement, and Financial records system, JDE/PeopleSoft was installed in 2001 With the City's growth, and the increased use and reliance on this system, an upgrade is now needed to maintain an operating version that is supported by the vendor, and keep the operating server hardware current. Additionally, disc storage requirements for the system's database are increasing, and the need for greater disc storage requires that the City upgrade the attached disc storage for the JDE/PeopleSoft System. This request is for procurement of the server hardware, hardware maintenance agreements, and attached disc storage to support the planned upgrade of the JDE/PeopleSoft System. This procurement is being performed under the auspices of the WSCAII (Western States Contracting Alliance) with which the City has existing interlocal purchasing agreements. Funds for this procurement have been planned as a portion of the budgeted upgrade project. Questions were raised by the Committee and Mr. Dunn addressed those questions. Debbie Raplee moved to recommend that the City Council authorize the Mayor to sign , purchase orders to Hewlett Packard Corporation in an amount not to exceed $130,000 for the purchase of Hardware, Maintenance Agreements and Disc Storage for the 3DE/PeopleSoft Upgrade project. Tim Clark seconded the motion, which passed 3-0, with Chair Clark having Deborah Ranniger's concurrence. S. TOWN SQUARE PLAZA CONSTRUCTION INSPECTION AGREEMENT - AUTHORIZE Acting Parks Director and Parks and Open Space Superintendent Lori Flemm presented the Town Square Plaza Construction Inspection Agreement for authorization Ms. Flemm advised SB & Associates, Inc. was chosen from the city's RFQ roster and because of their familiarity with city design standards/construction techniques. Their work with staff in past projects including: Arbor Heights 360 Skatepark, Service Club Ball Fields, 132nd St. Neighborhood Park and Wilson Playfields makes them an ideal choice to complete the construction inspection for Town Square Plaza Questions were raised by the Committee and Ms. Flemm addressed those questions Debbie Raplee moved to recommend authorizing the Mayor to enter into an agreement with SB & Associates, Inc. for construction inspection of Town Square Plaza for the amount of $61,340.00, upon review by City Attorney. Tim Clark seconded the motion, which passed 3-0, with Chair Clark having Deborah Ranniger's concurrence. 6. MUNICIPAL COURT - NIGHT COURT PROPOSAL Judge Glenn Phillips presented the Municipal Court Night Court Proposal. Judge Phillips advised that with the increase of public safety officers on the streets there has been a significant increase in criminal filings which has created a need for additional criminal calendars and stated that this increase also affects the Prosecutor's office and the public defenders officer. Judge Phillips advised that moving non-criminal pre-hearing calendars to an evening calendar would allow the addition of 4-5 criminal calendars each month during regular court hours and that those. Judge Phillips advised that evening calendars would be held on Wednesday and the court would remain 3 Operations Committee Minutes August 7, 2007 Page: 3 open to the public until 7:00 p.m. and staff would remain until 8:00 p.m. Judge Phillips further advised that in addition to the night court calendar, members of the public would be able to access the court to schedule court hearings, clear bench warrants, make fine payments and seek protection orders during the extended court hours. Questions were raised by the Committee and 1 Judge Phillips, Chief Administrative Officer John Hodgson, and Deputy City Attorney Pat Fitzpatrick addressed the committee's questions. Debbie Raplee moved to recommend the approval of a supplemental budget appropriation of up to $9,328 for the period October — December 2007 to fund night court sessions. Tim Clark seconded the motion, which passed 3-0, with Chair Clark having Deborah Ranniger's concurrence. s The meeting was adjourned at 4:40 p.m. Renee Cameron Operations Committee Secretary 1 i i t 1 PUBLIC WORKS COMMITTEE MINUTES August 6, 2007 Committee Members Present: Committee Chair Debbie Raplee and Committee Member Ron Harmon and Tim Clark were present. The meeting was called to order at 5:10 p.m. ITEM 1 — Approval of Minutes Dated July 16, 2007: Committee Member Harmon moved to approve the minutes of July 16, 2007. The motion was seconded by Clark and passes 3-0. ITEM 2 — SE 2561" Street Improvement Project: Mark Howlett, P.E., Design Engineering Manager stated the grant agreement in the amount of $2,000,000 is for the design, right-of-way and construction phases of the City's SE 2561h Street Improvement Project. In order to be reimbursed by the TIB for project expenses, the City must accept the grant by signing the "Fuel Tax Grant Distribution Agreement" and the "Project Funding Status Form". Clark moved to recommend authorizing the Mayor to sign the Transportation Improvement Board "Fuel Tax Grant Distribution Agreement` and "Project Funding Status Form" for the SE 256t° Street Improvement Project and authorize the establishment of the budget for same along with directing staff to spend the money accordingly. The motion was seconded by Harmon passed 3-0. ITEM 3 — Vehicle and Equipment Surplus: Ron Green, Fleet Superintendent asked for authorization for the department to dispose of nine vehicles, seven mowers, one snow plow and one trailer. The list of which complies with current replacement policy guidelines, and have been replaced. The equipment will be sold at auction 1 or to smaller cities or agencies. Harmon moved to recommend authorizing the department to dispose of nine vehicles, seven mowers, one snow plow and one trailer. The list of which complies with the current replacement appropriately dispose of the equipment as described in this memorandum and listed below. The motion was seconded by Clark passed 3-0. ' ITEM 4 — Amendment No. 2 to Transit Service Agreement (Route 918) with King County Metro Transit: Cathy Mooney, Senior Transportation Planner gave a brief history of the "Commuter Shuttle". She noted that there are currently four trips in the morning and again in the afternoon but this is expected to change to six in September 2007. She went on to explain that this amendment extends the current Agreement for another year, from February 2008 until February 2009. It also specifies the operating costs for which the City will compensate the County during this period. Councilmember Clark acknowledged the efforts of Cathy Mooney, Senator Patty Murray and King County Councilmember Julia Patterson in making this a reality. 1 Clark moved to recommend Council authorize the Mayor to sign Amendment No. 2 to Transit Service Agreement (Route 918) between the City of Kent and King County, upon concurrence of the language therein by the City Attorney and Public Works Director. The motion was seconded by Harmon passed 3-0. Page 1 of 3 U\pwcommittee\minutes\2008\08 06 07 doc 2 ' PUBLIC WORKS COMMITTEE MINUTES August 6, 2007 ITEM 5 - Lower Green River Property Acquisition: Mike Mactutis, P.E., Environmental Engineering Manager in summary, stated the City, as a successful recipient of a Salmon Recovery Funding Board Grant for Lower Green River Acquisition, is in the process of transferring the grant funding from the Rosso Properties to the Desimone, Flowers, Lotto and Koch Properties with the intent to purchase those properties. The nature of this Salmon Recovery Funding Board Grant is such that these property acquisitions are not subject to imminent domain Harmon moved to recommend authorizing the purchase of the properties known as the Desimone Property, the Flowers Property, and the Koch Property in part with grant funds from the Salmon Recovery Funding Board for Lower Green River Acquisition as well as grant funds from the King County Conservation Futures Grant Program. The motion was seconded by Clark passed 3-0. ITEM 6 - King County Agreement for Services: Mike Mactutis, P.E., Environmental Engineering Manager stated the City is in the process of working with the Salmon Recovery Funding Board to transfer a grant from the purchase of the Rosso Properties to other properties, one of which is the Lotto Property. King county staff has built a level of trust with the Lotto's in past discussions and would be able to aid the City in completing the property transaction. Clark moved to recommend authorizing the Mayor to sign the Agreement for Services with King County to assist the City in acquisition of properties in connection with the Lower Green River Acquisition Project upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Harmon passed 3-0. ITEM 7 - Acceptance of Funds/Kent Events Center Floodplain Mitigation: Mike Mactutis, P.E., Environmental Engineering Manager stated the Waste Action Project proposes to give to the City $15,000 in funds to be used to construct fish and wildlife habitat ad water quality features on the Kent Events Center Floodplain Mitigation Project. The funds will need to be accepted by the City and a budget established to spend the funds. Harmon moved to Authorize the Mayor to accept the $15,000 in funds and establish a fi budget for the Waste Action Project to be used for fish and wildlife habitat and water quality features in the Kent Events Center Floodplain Mitigation Project. The motion , was seconded by Clark passed 3-0. ITEM 8 - Update/School Safety Zone Program Grant: Larry Blanchard, Public Works Director stated there are currently six grant projects for Kent Elementary schools. We anticipate receiving materials for these installations by August 17, 2007. We hope to have them all installed by the time school starts, but can not guarantee it. The schools are listed below: • George T. Daniel - One assembly (one already exists). This project will most likely be combined with another one in order to minimize tearing up the road. ■ Martin Sortun - Two Assemblies ■ Meridian - Two Assemblies on 140th (already have two on 256th) • Horizon - Two Assemblies, The City is looking at using a portion of the grant money for access and drainage improvements. • Star Lake - Two Assemblies • Neely-O'Brien - One Assembly (one hard wired already exists) Information Only No Motion Required Page 2 of 3 U\pwcommittee\minutes\2008\08 06 07 doc t 3 PUBLIC WORKS COMMITTEE MINUTES 1 August 6, 2007 tAdded Item/Information Only: Larry Blanchard, Public Works Director wanted everyone to be aware that in the month of I September, the Utilities section will be testing for leaks in the Sewer/Drainage manholes by inserting smoke. The tests will be done in the Derbyshire area (1241" & 2701h). More information to follow at the August 20, Public Works Committee Meeting. ITEM A. Committee Follow-up Items: ITEM B. Public Comment Follow-up Items: iITEM C. Access Modifications Due to Construction: Adiourned: The meeting was adjourned at 5:45 p.m. 1 Next Scheduled Meeting: Monday, August 20, 2007 at 5:00 p.m. Cheryl Viseth, Public Works Committee Secretary Page 3 of 3 U:\pw mmitte \minutes\2008\08 06 07 doc 1 1 CONTINUED COMMUNICATIONS A. i 1 1 1 i i r r 1 1 i r r r ' EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION