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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/18/2007 t City of Kent CityCouncil Meeting Agenda j September 18, 2007 Mayor Suzette Cooke Deborah Ranniger, Council President Councilmembers Elizabeth Albertson Bob O'Brien Tim Clark Debbie Raplee Ron Harmon Les Thomas KENT WA5HINGTON { City Clerk's Office r KENT CITY COUNCIL AGENDAS KEN T September 18, 2007 w^s.,N G T 0 N- Council Chambers MAYOR Suzette Cooke COUNCILMEMBERS. Deborah Ranniger, President Elizabeth Albertson Tim Clark Ron Harmon Bob O'Brien Debbie Raplee Les Thomas COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1 Aquatic/Recreation Center Jeff Watling 60 minutes r 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 1. Shoot the Puck Celebration Announcement C Introduction of Appointees D Kent Human Services Commission 20th Anniversary E. Neighborhood COuneIIS Recognition F. Public Safety Report 5. PUBLIC HEARINGS A 2008 Budget(1 st Hearing) B 2008-2013 Capital Improvement Plan(1st Hearing) C. Ballot Proposition No. 1 Sound Transit (A Regional Transit Authority) and RTID (A Regional Transportation Investment District), Regional Roads and Transit System (Continued) COUNCIL MEETING AGENDA CONTINUED 6 CONSENT CALENDAR A Minutes of Previous Meeting— Approve B Payment of Bills — None C. Arbor Heights 360 Park Construction Easement—Authorize D. Geographic Information System (GIS) Position—Authorize E. Mill Creek and Riverview Neighborhood Council Resolutions— Adopt F. Re-appointments to Kent Arts Commission—Confirm G. No Parking Zones on Portions of 27"' Place South and S 256"' Street Ordinance— Adopt H. Kent School District Agreement for School Liaison Officer—Authorize I. 2007 Edward Byrne Memorial Justice Assistance Grant—Accept J. Bill of Sale, Clark Lake Estates —Accept K Bill of Sale, Jessica's Place Short Plat—Accept L. Bill of Sale, Kam Singh Plat— Accept M Bill of Sale, Lake Meridian Pointe— Accept N Bill of Sale, Lowe's/Midway Retail—Accept O Bill of Sale, Scenic Vista— Accept 7. OTHER BUSINESS A. Safe Rentals Housing Program Ordinance—Adopt 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11 EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Pending Litigation 12. ADJOURNMENT NOTE- A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www ci.kent wa us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at(253) 856-5725 For T D D relay service call the Washington Telecommunications Relay Service at1-800-833-6388. r,Uvc a o `n �= � �> v u C's n.� C a a _ _ n -° ,� av '^ LY� v ? J-a YUU = JoEm Euti� oG oc b O 2 o N 0 W xy V QE J C U z ti— CJ S N T 1�' ry C C O Y O c C U< O a T- c > o p_U 1. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) INTRODUCTION OF APPOINTEES D) KENT HUMAN SERVICES COMMISSION 20TH ANNIVERSARY IE) NEIGHBORHOOD COUNCILS RECOGNITION F) PUBLIC SAFETY REPORT 1 1 Kent City Council Meeting Date September 18, 2007 Category Public Hearings 1 SUBJECT: 2008 BUDGET (1ST HEARING) 2 SUMMARY STATEMENT: This is the first public hearing on the 2008 budget. We welcome public input as the City begins to prepare for its 2008 budget 3. EXHIBITS: None 4 RECOMMENDED BY: Finance Director (Committee, Staff. Examiner, Commission, etc.) 5 FISCAL IMPACT Expenditure') Revenue? Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue. Fund Amount $ 6. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing B. Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 5A Kent City Council Meeting Date September 18, 2007 Category Public Hearings 1. SUBJECT: 2008-2013 CAPITAL IMPROVEMENT PLAN (1ST HEARING) 2. SUMMARY STATEMENT: This date has been set for the first public hearing on the 2008-2013 Capital Improvement Plan. Public input is welcome 3. EXHIBITS: None 4 RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? Currently in the Budget? Yes No If no Unbudgeted Expense- Fund Amount $ Unbudgeted Revenue. Fund Amount $ 6. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 5B Kent City Council Meeting Date September 18, 2007 Category Public Hearings I SUBJECT: BALLOT PROPOSITION NO l: SOUND TRANSIT (A REGIONAL TRANSIT AUTHORITY) AND RTID (A REGIONAL TRANSPORTATION INVESTMENT DISTRICT), REGIONAL ROADS AND TRANSIT SYSTEM 2 SUMMARY STATEMENT: The purpose of this hearing is to receive comments from the public before the City Council determines whether to support the Sound Transit/RTID Ballot Proposition. Anyone who wishes to speak in support or opposition of this ballot measure may do so at this hearing At the conclusion of the Hearing, the Council will also debate the issue before determining whether or not to support the Ballot Proposition 3 EXHIBITS: Memo and project material 4 RECOMMENDED BY: N/A (Committee, Staff, Examiner, 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: A Councdmember moves, Councdmember seconds to close the public hearing. B Councdmember moves, Councdmember seconds that the Kent City Council express its support for the Sound Transit/RTID Ballot Proposition and that the City Attorney be directed to prepare a resolution reflecting that support to be enacted at the next Council meeting on October 2, 2007 DISCUSSION: ACTION: Council Agenda Item No 5C PUBLIC WORKS DEPARTMENT 400 Larry R Blanchard Public Works Director KE ION T 400 West Gowe WI.SHI NGTON Kent, WA 98032 Fax: 253-856-6500 Phone: 253-856-5500 Date: September 12, 2007 To: Mayor Cooke, Deborah Ranniger, Tim Clark, Ron Harmon, Bob O'Brien, Debbie Raplee, Les Thomas, Elizabeth Albertson cc: John Hodgson; Larry Blanchard; Steve Mullen, Cathy Mooney From: Tim LaPorte Regarding: RTID/Sound Transit Roads and Transit Proposal As requested attached are descriptions and diagrams of the referenced proposal to be presented to voters on November 6th RTID The principal RTID projects benefiting the Kent/Sound King County area are: • SR 509 to I-5 completion - This project significantly improves traffic flow on I-5, eliminates the current "Southcenter Crawl" and expands capacity on I-5 through West Hill of Kent all of the way to Federal Way It also provides a direct offramp connection to the new 228th Corridor. Completion of the SR 509/I-5 improvements will also have a significant benefit to SR 167 in that adding capacity to I-5 will have a tendency to 'pull" traffic off of SR 167 thereby relieving pressure here. + SR 167 Corridor Improvements - This RTID project will target chokepoints and bottlenecks currently in the system The proposal would complete the HOV lanes on SR 167 in King County An additional southbound lane from S. 180th to S 277th will increase capacity and reduce congestion delays southbound. The existing HOV lanes are also being converted to HOT lanes (a separate, already funded project under construction) An added benefit is that the HOT lanes could be extended on SR 167 all of the way to I-405. • SR 167/405 Interchange Improvements - Analysis describes this interchange as the worst in the State in terms of congestion. The RTID proposal would provide a direct HOV to HOV lane connection for both northbound and southbound traffic eliminating the weave and many person - hours of delay • I-5/SR 18/Federal Way - Known as the "triangle" project, this interchange project is more distant from Kent but benefits commuters/employees traveling through the Kent area using either I-5 or SR 18. This interchange is also currently "broken" due to the hours of congestion each day. The solution involves direct ramp connections between I-5/Highway 18 and SR 161 (Enchanted Parkway). Sound Transit - Phase 2 • The principal Sound Transit project that will benefit the Kent/South King County area is extension of light rail from SeaTac airport through West Hill of Kent to Federal Way and the Tacoma Dome The light rail route will not only serve West Hill Kent, Des Moines and Federal Way residents but it will also provide a commuter alternative to I-5 and SR 167, in addition to the Sounder which is more valley oriented. Increasing commuter options will have the benefit of decreasing commuter pressure on I-5, SR 167 and the Sounder. • Parking Expansion - The success of the Sounder has made commuter parking difficult in many South King County/North Pierce County cities. In the Sound Transit Phase Z proposal Auburn, Puyallup and Sumner would have additional parking garage space. Tukwila's station would be built Details, diagrams and descriptions of the projects follow. Please contact us, Larry, Tim, Steve or Cathy for further clarity or information if desired Moving Foward Together A Bluieprint for Progress Kinq Pwce Snolonnsh Counties 2006 dollars YOE dollars ($in millions) ($in ri-ifflions) Seattle Mobility Proiect,SR 99 to 1-5 289 323 1-5 approach, Mercer Street widening Lander Street improvements 1-5/Spokane Street viaduct 1-5 Direct Access Protect 83 114 South Park Bridge Replacement Proiect 99 110 SIR 520 Bridge and HOV Lane Project 972 1,139 Bridge replacement,connections to 1-5 connections to 1-405,mitigation integral to and inseparable from the protect,non-motorized improvements 1-90 HOV Lane Proiect 25 35 HOV lanes contingency scope 1-90 conqeslun relief 1-405 Bellevue to Renton Protect_ 904 1,283 SR 520 to Bellevue,1-90 to downtown Bellevue,SR 169(Maple Valley Highway)to 1-90 non-motorized and transit improvements 1-5/SR 509 Corridor Completion and Freight Improvement Proiect 798 1,051 SR 509,1-5 improvements SR 167/1-405 Interchange HOV to HOV Direct Connection Proiect 316 403 SR 167 Green River Valley Corridor Congestion Relief Proiect 391 650 I-51SR 18 Federal Way Congestion Relief Proiect 89 120 East Sammamish Plateau Access Proiect 10 12 244th Avenue SE widening SR 99 Transit Improvement Proiect 37 40 Snoreline bus rapid transit improvements Construction Mitigation Program 74 100 Total King County Investments (rounded numbers) 4,087 5,380 page 57 Regional Transportation investment District Jijne 8 2007 -w I-34M X!V'S dt 04'r 03, ec,rA 7, 4 RTID Share($2006) $798 million RTID Share ts YoE) $1,051 million Lead Agency: WSDOT Under this project, SR 509 would become a western alternative corridor to 1-5 for freight, transit, and general-purpose traffic The existing SR 509 free- - way currently terminates on the southwest side of T.."'Iej Seattle-Tacoma international Airport RTID funding + i intarnai nail would extend SR 509 as a limited-access freeway 0 from South 188th Street near Burton and SeaTac to 509) S Interstate 5 in the vicinity of South 210th Street in - Des Moines, approximately 2 5 miles The new route would directly link 1-5 and SR 509 in south King County, relieving congestion and improv- v Kent mg treight mobility Computer models show that a Des significant portion of truck and other freight-related traffic destined for the Port of Seattle's facilities in the Z� s 5 1�) Duwamish area and at Sea-Tac airport would use the new SR 509 alignment, relieving 1-5 of consider- able freight-related traffic and congestion 9 RTID funding would • Build a four-lane road between South 210th Street Pt and South 188th Street in SeaTac and Burien • Construct a major new 1-5/SR 509 interchange is Add collector/distnbutor lanes to 1-5 from South 21 Oth Street to SR 516 • improve the J-5/SR 516 interchange, including a new connection to South 228th Street • Add general-purpose lanes to 1-5 from SR 516 (Kent-Des Moines Road) to South 320th Street • Provide direct access to Sea-Tac Airport at South 200th Street • Construct a new connection to the SeaTac business district at 24th/28th Avenue South • Build frontage roads for easier access to the Green River valley cities,and warehouse and distribu- tion centers • Extend Des Moines Creek Trail to the south. • Provide sidewalks in targeted locations, Funding Partners:WSDOT, Port of Seattle,federal and local funding page 66 Regional Transpoilation Investment Disbict June 8 2007 v 9 "ff M—OWN 4 li,,11 zn T­ two 5 R Q� Z is ?4V 4- v''g,7411C r tZ),W,4�4 Wzl W A A RTID Share(S 2006) $391 million RTID Share is YoE) $650 million Lead Agency: WSDOT State Route 167 connects with 1-405 at Renton on the north and SR 512 in Pierce County on the south Along with 1-405, it provides a 62-mile aliernative to 1-5, and is a primary freight corridor SR 167 serves one of the fastest-growing areas of King County, and experiences more than six hours of congestion a day. This project will provide commuters better access to affordable housing and ernplovirient cen- ters, and would improve freight mobility to the Green River Valley cities warehousing and distribution cen- ter The purpose of the improvement program is to fix chokepoints and bottlenecks, in order to ease congestion and increase safety These investments are complemented and improved by the HOV-to-HOV connection at the SR 167 and Aubt)rn 1-405 interchange RTID funding would From 8th Street East in Pierce County to 15th SW in Auburn (near the Super Mall) * Add one northbound HOWHOT lane for 3 miles W1_:.A!nW between Pacific and Auburn, completing the HOWHOT lane system on SR 167 in King County * Provide additional capacity for transit and vanpools * Provide a more reliable trip for paying single-occupant vehicles in the HOV lane if HOT (high-oc- cupancy toll) lanes are implemented From SE 180th in Renton/Kent to South 277th Street in Kent/Auburn: * Add one southbound lane to increase capacity and reduce delays * Provide more space to got on and off the freeway - Reduce sideswipe and rear-end collisions caused by merging and exiting traffic. The southbound lane would be constructed in stages pagp 68 Moving Forward Together A Blueprint for Progress g King,Pierre+ Snohomish Couni,es _ph v nkr'� py# ai'' �1" viwyW .. L __ .^ta��� i *,ryT$4 • �''.';+'Si .n`= i`K'k'y +-�•A..ps�^rtcs T��1�,^t _�9�� •e a.: 4 'Al Pt i°-"_ �, a$ '`'f' m. r ear RTID Share($2000 $316 million RTID Share ($voE) $403 million Lead Agency:WSDOT The 1-405/SR 167 interchange is one of the most heavily congested interchanges in the state of Washington Traffic analysis shows that this project significantly reduces person hours of delay that is „yrr�rt,rr currently experienced by motorists both at the inter- change and throughout the SR 167 corridor and the s southern portion of 1-405 Improvements on SR 167 in King County would pro- soo vide commuters better access to affordable housing Tut:wiia and employment centers, and would expand freight �. F2 mobility to the Green River Valley titles'warehousing aos- ell tat� and distribution center These investments would rsi ; build upon state funded investments in the corridor, ts7) l� RTID funding would • Provide a direct HOV-to-HOV connection be- tween SR 167 and 1-405 • Eliminate the existingweave for both northbound �� Cc� Sty and southbound traffic � f • Provide a direct connection between 1-405 HOV and SR 167 proposed HOT lanes page 67 Regional Transportation Investment District June 8,2007 - - OR 1111-010010ft 'WWWWW""W"W""O' 15, 1 147 67 Green RxiverVzalley Corridox- congeStioll Fic'Upoi RTID Share($2006) $391 million RTID Share(s YoQ $650 million Lead Agency:WSDOT State Route 167 connects with 1-405 at Renton on 'A the north and SR 512 in Pierce County on the south N Along with 1-405, it provides a 62-mile alternative to 1-5, and is a primary freight con[dor SR 167 serves one of the fastest-growing areas of King County, and experiences more than six hours of congestion a day This project will provide commuters better s"Ise access to affordable housing and employment cen- ters,and would improve freight mobility to the Green River Valley cities warehousing and distribution cen- ter The Purpose Of the improvement program is to fix cholkepoints and bottlenecks, in order to ease tsr congestion and increase safety These investments are complemented and improved by the HOV-to-HOV connection at the SR 167 and Auburn 1-405 interchange RTID funding would: mg nq "�I _xw From 8th Street East in Pierce County to 15th SW y in Auburn (near the Super Mail) 4TI SUE e Add one northbound HOWHOT lane for 3 .....es between Pacific and Auburn, completing the HOWHOT lane system on SR 167 in King County * Provide additional capacity for transit and vanpools * Provide a more reliable trip for paying single-occupant vehicles in the HOV lane it HOT(high-oc- cupancy toll) lanes are implemented From SE 180th in Renton/Kent to South 277th Street in Kent/Auburn: • Add one southbound lane to increase capacity and reduce delays. • Provide more space to get on and off the freeway. • Reduce sideswipe and rear-end collisions caused by merging and exiting traffic. The southbound lane would be constructed in stages. Page 68 Moving Fo and Togpltw A BlW prrt for Progress Ktnq,Pierce Snohomish Coaxes I'M 11 M- IM I 46 WAY er I "M5 8 �'W­deral C conq 'A'Ott "'Reliei proje!ct RTID Share(S 2006) $89 million RTID Share(s YoE7 $120 million Lead Agency: WSDOT This interchange is a nigh crash location and experi- ences traffic congestion at the cloverleaf as drivers A navigate among 1-5, SR 18, SR 161 and access to N the city of Federal Way The project will eliminate the loop ramps and eliminate the current weave situa- tion caused by closely spaced on- and off-ramps on 1-5 and SR 18 The loop ramps would be replaced with flyover ramps tnat are safer; they would also increase the capacity of 1-5 and SR 18. Traffic con- gestion would lessen and safety would improve in all Federal directions as a result 'tt'4a Y RTID funding would: • Construct a collector/distributor roadway that 99 provides both a southlbound 1-5 and a westbound SR 18 direct connection to SR 161 • Rebuild the southbound 1-5 ramp to eastbound SR 18 fig Y K,mo C C • Construct auxiliary lanes on 1-5 to improve merg- << C Ong and exiting from the freeway • Rebuild several ramps at the 1-5/SR 18 and SR I 18/Weyerhaeuser Way interchanges to improve safety and capacity • If funding allows, rebuild the SR 161 bridge crossing over 1-5. 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Approval of the minutes of the regular Council meeting of September 4, 2007 6B. Approval of Bills. iNo bills were available for approval. r i iCouncil Agenda Item No. 6 A-B i Kent City Council Meeting KEN T IN GTO September 4, 2007 `rVnS HN The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present Albertson, Harmon, O'Brien, Raplee and Thomas Councilmembers Clark and Ranniger were excused from the meeting (CFN-198) CHANGES TO THE AGENDA From Council, Administration, Staff. (CFN-198) A presentation by Target Stores, Inc was added as Public Communications Item 4J, an excused absence was added as Consent Calendar Item 6H, and the Kent Pool was added as Other Business Item 7B The Executive Session regarding pending litigation was removed from the agenda PUBLIC COMMUNICATIONS A Public Recoi?nition. (CFN-198) Mayor Cooke announced the passing of Police Officer Greg Duffin on September I" B Community Events. (CFN-198) Council President Pro Tern Raplee invited the public to join in the celebration of the 25`h anniversary of Herbert Bayer Earthworks Park at Mill Creek Canyon on Saturday, September 8`h. C. Police Department Oath of Office. (CFN-122) Mayor Cooke administered the Oath of Officers to new Police Officers Lovisa Dvorak and David Ghaden D REI Donation. (CFN-104) Parks Director Watling announced that the City has been selected to receive a grant from RE[ to be used for repairs and improvements to Van Doren's Park. Scott Givens of REI presented the Mayor with a check in the amount of$5,000 to assist with the project Watling pointed out that RE[ will also provide volunteer support to complete the project. E Constitution Week. (CFN-155) Mayor Cooke read a proclamation declaring the week of September 17-23, 2007, as Constitution Week, and presented the proclamation to Donna Bradshaw of the Daughters of the American Revolution I F. National Public Lands Week. (CFN-155) Parks Director Watling explained that National Public Lands Week is to celebrate the stewardship of public lands He noted that Lake Fenwick Park is in need of attention, explained the work to be done at the park, and welcomed volunteer participation The Mayor then proclaimed the week of September 24-29, 2007, as National Public Lands Week at Lake Fenwick Park. G Day of Concern for the HunLyry. (CFN-155) Arthur Lee, Executive Director of the Emergency Feeding Program, explained the program and noted that food will be collected at grocery stores on Saturday, September 22, 2007 The Mayor presented Lee with a Day of Concern for the Hungry proclamation. H 45-Year Service Award. (CFN-155) Mayor Cooke announced that as of September 1, 2007, Geneva Obencham has been employed by the City of Kent for 45 years She outlined Geneva's many accomplishments and presented her with a 45-Year Service Award plaque 1 Kent City Council Minutes September 4, 2007 I Employee of the Month (August and September). (CFN-147) Mayor Cooke announced that John Fiskum of the Parks, Recreation and Community Services Department, has been chosen as Employee of the Month for August, and that Judi Mauht, Police Public Education Specialist, has been selected as the Employee of the Month for September She noted that Fiskum is passionate about his work for the Senior Activity Center and cares deeply for the participants in the programs Police Captain Price said Mauhl demonstrates exemplary work standards, and that Kent's per- formance as a leader in the National Night Out program is a direct result of her efforts Fiskum and Mauhl each received an Employee of the Month plaque (ADDED ITEM) J. Target Store Presentation. (CFN-122) A] Reedman of Target thanked the Mayor, Police Chief and Judi Mauhl for their efforts on National Night Out. He presented each with a framed photograph of the event CONSENT CALENDAR Raplee moved to approve Consent Calendar Items A through H. Harmon seconded and the motion tamed A. Approval of Minutes. (CFN-198) Approval of the minutes of the regular Council meeting of August 21, 2007 B Approval of Bills. (CFN-104) Payment of the bills received through July 31 and paid on July 31 after auditing by the Operations Committee on August 21, 2007, were approved. Approval of checks issued for vouchers Date Check Numbers Amount r 7/31/07 Wire Transfers 2944-2960 $1,660,380 00 7/31/07 Regular 610964-611351 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 8/201,07 Checks 299561-299883 $ 256,283 66 8/20/07 Advices 217461-218182 1,382,945 44 Total Regular Payroll $1,639,229 10 Approval of checks issued for paw for August 17 and paid on August 17, 2007- Date Check Numbers Amount 8/17/07 Interim Checks 299884-299893 53,456 67 Total Interim Payroll $3,456.67 2 Kent City Council Minutes September 4, 2007 C Twin Creeks Tracts A, B And C Deed Language Revision. (CFN-239) The Mayor was authorized 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 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. D Mid-Year Budget Adjustment Ordinance. (CFN-186) Ordinance No 3858 which consoli- dates budget adjustments made between January 1, 2007 and July 31, 2007, as recommended by the Operations Committee was adopted The adjustments total $5.950,087, including $5,469,t96 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 expenditure of dedicated revenues already received, consistent with the terms for the dedicated sources. E. 2008 Budget. (CFN-186) September 18, 2007, was set as the date for the first of two public hearings on the 2008 budget. F. 2008-2013 Capital improvement Plan. (CFN-775) September 18, 2007, was set as the date for the first public hearing on the 2008-2013 Capital Improvement Plan. G. Excused Council Absence. (CFN-198) An excused absence for Councilmember Clark, who is unable to attend tonight's meeting was approved (ADDED ITEM) H Excused Council Absence. (CFN-198) An excused absence for Councilmember Ranniger, who is unable to attend tonight's meeting was approved. OTHER BUSINESS A Kent Events Center Public Facilities District Board Member Appointments. (CFN-1305) City Attorney Brubaker explained the purpose of the Public Facilities District, and noted that it will be operated by a five-member Board of Directors Raplee moved to adopt Resolution No t769, appointing the following persons for the specified terms to be Board Members of the Kent Special Events Center Public Facilities District Greg Haffner for a one-year term, Mike Miller for a two- year term, Randall Smith for a three-year term, and Cass Prindle and Lew Sellers each for four-year terms Harmon seconded and the motion carved. (ADDED ITEM) B. Kent Pool Funding. (CFN-118) Parks Director Watling explained that in 2003 the City entered into a five year agreement with Aquatic Management Group to operate the Kent Pool, and that within that agreement the City agreed to provide funding to them in the amount of S20,000 each year He noted that each fall the Aquatic Management Group has come to the City requesting an additional $20,000 to $25,000 to assist with operational costs. He stated that funds up to $25,000 are now needed for delinquent utility expenses, that this is a one-time request, and that Aquatic Management Group will be required to provide a better picture of expenses during re-negotiations Raplee moved to approve funds up to $25,000 be allocated for general operation of the Kent Pool, including utility payments, following financial concurrence from the Finance Director and Parks Director. Harmon seconded and the motion carried. 3 Kent City Council Minutes September 4, 2007 BIDS A Fire Station 76 Fencing Project. (CFN-118) Parks Director Watling noted that the bid opening to install a chain link fence and motor operated gate at Fire Station 76 was held on August 21. 2007, with three bids received He said the apparent low bid was submitted by Quality Fence Builders in the amount of$47,000, and noted that the engineer's estimate was $60.000 Thomas moved to authorize the Mayor to enter into an agreement with Quality Fence Builders for the amount of$47,000 plus Washington state sales tax to complete the fencing project at Fire Station 76. Harmon seconded and the motion carried REPORTS A Council President. (CFN-198) No report was given. B Mayor. (CFN-198) Mayor Cooke noted that the City's webs ite shows a list of Neighborhood Council meetings and Block Watch programs. She added that a building covered with graffiti has been cleaned up thanks to some of the inmates in the Crty's jail. C Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) No report was given. E Planning and Economic Development Committee. (CFN-198) Harmon noted that the next meeting will be held on September lOth at 5:00 p m. F. Public Safety Committee. (CFN-198) Thomas noted that the next meeting will be held at 5 00 p m on September llth G. Public Works Committee. (CFN-198) No report was given ' H Administration. (CFN-198) No report was given ADJOURNMENT The meeting adjourned at 8.10 p.m (CFN-198) Brenda Jacober, CMC I City Clerk 4 Kent City Council Meeting Date September 18, 2007 Category Consent Calendar 1. SUBJECT: ARBOR HEIGHTS 360 PARK CONSTRUCTION EASEMENTS — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the documents necessary to grant and record the temporary construction easement for the property at Arbor Heights 360 Park, upon approval by the City Attorney ' Olympus Management, owner of the Arbor Village Assisted Living Community property, which is located directly west of Arbor Heights 360 Park at SE 240`f' Street and 116`h Avenue SE, intends to construct a new building The building plans require a rock retaining wall be constructed on their site Construction of the new rock watt will require a 10-foot temporary easement, as well as a one (1) foot permanent easement on the west edge of the park property, to allow enough room for the retaining wall to be constructed. Neither easement will impact the existing park retention ponds or trail system, as none are located in the construction area. There are no charges attached to this easement considering Olympus Management donated 1.06 acres of land to the City for this park in May 2005 3. EXHIBITS: Construction easement 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc ) ' 5. FISCAL IMPACT Expenditure" N/A Revenue? N/A Currently in the Budget? Yes No If no: 1 Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue. Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6C 7 AFTER RECORDING RETURN TO: Property Management ' City of Kent 220 - 4th Avenue South Kent WA 98032 ' Grantor: CITY OF KENT Grantee: OLYMPUS ASSISTED LIVING, LLC. ' Abbreviated Legal Description: Ptn, of STR 20-22-05 Additional Legal Description on Exhibit"A" of Document. Assessor's Tax Parcel ID No. 2022059157 Project Name: Arbor Heights 360 Skate Park TEMPORARY CONSTRUCTION EASEMENT ' THIS INSTRUMENT entered into on the last day signed below by and between the CITY OF KENT, a Washington municipal corporation ("Grantor") and Olympus Assisted Living, LLC , a Washington limited liability company ("Grantee"). Grantor for and in consideration of valuable consideration receipt of which is hereby acknowledged by Grantor, does grant to Grantee, its successors and/or assigns a temporary construction easement over, and across the portion of Arbor Heights 360 legally described in Exhibit A and as depicted in Exhibit B (the "Easement Area"). The Temporary Construction Easement shall be used for the purpose of installing a fence on Grantee's real property and a rockery on Grantor's property Grantee shall be allowed no additional ' obstructions of any kind whatsoever within the Easement Area. Grantee shall provide Grantor prior written notice of the date it will begin construction The uses allowed or required under this Temporary Construction Easement must be completed within twenty- one (21) calendar days of initiation. If the work is not complete within the 21 calendar 1 days, Grantor reserves the right to hire an independent contractor to complete the work and charge Grantee the costs incurred. Prior to entry onto the Easement Area, Grantee shall provide Grantor a Certificate of Insurance from the Grantee's contractor's insurance ' company and a separate endorsement naming the Grantor as Additional Insured. Grantee TEMPORARY CONSTRUCTION EASEMENT - Page 1 of 4 (between City of Kent and Olympus Assisted Living) (August 22, 2007) ' Re: Arbor Heights 360 8 ' shall use the Easement Area in such a manner that the existing improvements in the , Easement Area are not disturbed, or in the event that they are disturbed, Grantee shall replace or repair all improvements in as good a condition as they were in before entry by Grantee. Replacement or repair shall be subject to final acceptance by Grantor. Grantor retains the right to use the surface of this Easement Area so long as that use does not interfere with the uses described in this Easement Grantee shall at all times exercise its rights under this Easement in accordance with , the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction Grantee accepts the Easement Area in its present physical condition, AS IS. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by Grantor in connection therewith, arising directly or indirectly on account of or out of the exercise by Grantee, its servants, agents, employees and contractors of the rights granted in this Easement DATED this day of , 2007. GRANTOR: CITY OF KENT Print Name. Suzette Cooke , Its: Mayor GRANTEE: , OLYMPUS ASSISTED LIVING LLC Print Name: Its: (Notary Acknowledgments Appears on Next Page) ' TEMPORARY CONSTRUCTION EASEMENT- Page 2 of 4 ' (between City of Kent and Olympus Assisted Living) (August 22, 2007) Re: Arbor Heights 360 ' 9 STATE OF WASHINGTON ) ' ss. COUNTY OF KING ) ' I hereby certify that on the day of 2007, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF KENT as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. ' -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ' NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I hereby certify that on the day of 2007, 1 know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that ' he is authorized to execute the instrument on behalf of the OLYMPUS ASSISTED LIVING, LCC, as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seat Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington ' residing at My appointment expires ' TEMPORARY CONSTRUCTION EASEMENT - Page 3 of 4 (between City of Kent and Olympus Assisted Living) (August 22, 2007) Re: Arbor Heights 360 10 , APPROVED AS TO FORM: Kent Law Department P-\Civil\Files\Openriles\0105-2007\ArborHeights360-TemporaryConstruttmnEasement doc , TEMPORARY CONSTRUCTION EASEMENT - Page 4 of 4 t (between City of Kent and Olympus Assisted Living) (August 22, 2007) Re: Arbor Heights 360 ' 11 EXHIBIT "A" ROCKERY TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION: ' CITY OF KENT TO ARBOR VILLAGE ASSISTED LIVING THAT PORTION OF REVISED LOT "A" AS DESCRIBED & DELINEATED PER CITY OF KENT LOT LINE ADJUSTMENT NUMBER LL-2005-7 RECORDING ' NUMBER 20050425001972, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS : ' BEGINNING AT THE NORTHWEST CORNER OF SAID REVISED LOT A; THENCE ALONG THE WEST LINE OF SAID LOT SOUTH 01001' 58" WEST, 292 . 49 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE ' NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M„ OF SAID COUNTY; THENCE ALONG SAID LI2NE SOUTH 88045' 18" EAST, ' 10. 00 FEET TO THE EAST LINE OF THE WEST 10.00 FEET OF SAID REVISED PARCEL "A"; THENCE ALONG SAID LINE NORTH 01001' 58" EAST, 186. 67 FEET TO THE NORTH LINE OF SAID REVISED LOT "A"; THENCE ALONG SAID LINE NORTH 88045' 35" WEST, 10. 00 TO THE ' POINT OF BEGINNING. ' p 7 vnmft 08-24-V T ' Page I of I July 30,2007 KENNETH R.ANDERSON&ASSOCIATES,INC. 07-042 Rockery Temp Consc Easc"mm Legal 01 clot 12 EXHIBIT 'B" M 1 N.E. 114, N.E. 1/4, SEC77ON 20, T, 22 H., R. 05 E., WY., 1 KING COUNTY, WASKINGWN NW CORNER SEC.20 NW 1/4 CORNER SEC. 20 1 FOUND WONUWENT IN FOUND 1/4"BRASS PIN IN CASE LEAD k TACK IN CONC. MCNVIAENT IN MCNUWENT CONC.(APRIL 1998) CASE(APRIL 1998} 1 16 21 1IGTH AVENUE S,E_ 21 17 20 20 Li X O w NEW TEMPORARY ) c � m 10' CCNSI'r,US i1GN 'fl /i h U7 �, EASEMENT 2 PRVATE 4i _ ROCKERY ' 0 $ EASEMENT 14- j N - v Li -r____N 71'58_E 2F249(PxC)__ A "1IUTY EASEMENT � ftet No 9204201918 r / o , SEE DETAIL 4 Q�+�`5? SFEET 2 OF 2 n o , h 0 n , Y,ENNE7,n R. 90N AND AHsocHOCL'[CH. MCI y In-mav�.i.r..rt a.r< �L7L c C Asap¢ VwAcs A8s=n imNc 24121 116TH AVE SE KENT, WA 98031 SCALE : 1" = 100' D(PIRES 9 24/✓1 PIACXI.N0. 2022OZ9157 DATE JULY 26, 2007 SHEET i OF 2 J 1 13 EXHIBI T N.E. 1/4, N.E. 1/4, SECT70M 20, T. 22 N, R. 05 c., Watt., KING COUNTY, WASHlNGTON. S. MARGIN Of SE 240TH ST. ___ S88"45'35'E N. LINE, 9 o I REVISED LOT A W. LINE, q ' REVISED o LOT A I NEW TEMPORARY 10' CO o 7f2�8 { CONSTRUCTION EASEMENT h CL X ( n N co 3 h 1 u7 � O h7 !n I u co z + 2' PRIVATE ROCKERY ' I I EASEMENT I+--2 00'{ I N ' f � { S LINE NEi/4, NEt/4, Q4 \ N { NE 1/4, NEt/4 S88'45'18"E o 0 e h `F O ' DETAIL a NOT TO SCALE 3l SOD? 4 4 �Q oY wAs n IC�rrxEra R. .1xneTxsox ` arin eesoc[.czze. INC. � N U TS AMOK YNl.AC6 A.&5M UMO 24121116TH AYE SE KENT. WA 98031 EXPIRES 9/24 F1RCR1. NO. 2022059/57 OATS JULY 26, 2007 ' i SHEET 2 OF 2 Kent City Council Meeting Date September 18, 2007 Category Consent Calendar ' 1. SUBJECT: GEOGRAPHIC INFORMATION SYSTEM (GIS) POSITION— AUTHORIZE 2. SUMMARY STATEMENT: Recommend authorizing amendment of the 2007 budget in order to create a new Engineering Technician position in the Geographic Information System (GIS) group of the Public Works Engineering Design Section. Because of the additional workload and responsibilities associated with the backlog of GIS work, and the anticipated increase in GIS responsibilities and work load, the Public Works Department requests that the Operations Committee recommend that the City Council amend the 2007 budget to create a new Engineering Technician II position in the GIS group. Approval of this position will go a long way toward helping the City alleviate the GIS backlog. 3. EXHIBITS: Public Works memorandum to Operations Committee 4. RECOMMENDED BY: Operations (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure's Yes Revenue9 Currently in the Budget? Yes No X If no. 44005560.6110 7810 Sewer 41005550 61100 7810 Water 4005590 6+1100 7810 Drainage Unbudgeted Expense- Fund 1/3 each — Utility Fund Amount $50.508 00 Water/Sewer/Drainage Unbudgeted Revenue: Fund 4005590.6+1 100 7810 Drainage Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Counctlmember seconds DISCUSSION: ACTION: Council Agenda ' Item No 6D PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone 253-856-5500 KENT' Fax 253 856 6500 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 September 4, 2007 To: Chair Tim Clark and Operations Committee Members From: Mark Howlett, Public Works Engineering Design Manager Through: Larry Blanchard, Public Works Director Subject: Geographic Information System (GIS) Position MOTION: Recommend authorizing amendment of the 2007 budget in order to create a new Engineering Technician position in the Geographic Information System (GIS) group of the Public Works Engineering Design Section to be funded through the Utility Fund. ' BACKGROUND/HISTORY: Approximately 11/2 years ago the Public Work Department reorganized the Design and Property Management Sections. After the Property Manager retired, the Department assigned the work duties to other staff within the Design, Survey, and Development Review Sections, which has worked well. As part of the reorganization, the Department eliminated the Property Manager position, which was a senior level position, and created one and one-half new GIS positions with the other half position to be funded in the 2007 budget This proposal was presented to the Mayor in May of 2006 and was approved One of the Technician positions was filled. Unfortunately, due to an oversight, the half-position request was not included in the final 2007 budget. The Department requests that the Operations Committee authorize amendment of the 2007 budget and create this new position in the GIS group to be funded out of the Utility funds. The Geographic Information System (GIS) group in the Public Works Engineering Design Section has a backlog of over 4 work years. This backlog does not include any of the additional work anticipated by the potential annexation of the Panther Lake area. Currently 75 percent of the GIS time is spent on preparing maps, providing analysis to the organization and database maintenance while the other 25 percent is spent on backlogged work. With the GIS workload continuing to increase. it has become imperative that the GIS group receive an additional technician position. ' SUMMARY: Because of the additional workload and responsibilities associated with the backlog of GIS work, and the anticipated increase in GIS responsibilities and work load, the Public Works Department requests that the Operations Committee recommend that the City Council amend the 2007 budget to create a new Engineering Technician II position in the GIS group Approval of this position will go a long way towards helping the City alleviate the GIS backlog. RECOMMENDATIONS: Recommend authorizing amendment of the 2007 budget in order to create a new Engineering Technician position in the Geographic Information System (GIS) group of the Public Works Engineering Design Section. BUDGET IMPACT: Proposed position is a Level 28C to be funded out of the Utility funds. LKent City Council Meeting Date September 18, 2007 Category Consent Calendar I SUBJECT: MILL CREEK AND RIVERVIEW NEIGHBORHOOD COUNCIL RESOLUTIONS — ADOPT 2. SUMMARY STATEMENT: Adopt Resolution Nos. and recognizing the new Mill Creek and Riverview Neighborhood Councils. Residents of these neighborhoods have completed the process to establish Neighborhood Councils, which provide an avenue for residents to work together to enhance the livability of their neighborhoods. 3. EXHIBITS: Resolutions 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: Counctlmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6E RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, recognizing the Mill Creek Neighborhood Council. RECITALS y� 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 Mill Creek neighborhood is diverse and in addition to the approximate 489 housing units, it also includes the First Church of Nazarene and the Mill Creek Middle School. The Mill Creek neighborhood is roughly bounded to the north by Kent Memorial Park and East James Street, to the east by Summit Avenue North, to the south by East Smith Street and East Canyon Drive, and to the west by Central Avenue North, as depicted in the map attached and incorporated as Exhibit A. On August 23, 2007, the Mill Creek neighborhood completed and turned in an official registration form requesting that the City recognize the Mill Creek Neighborhood Council, allowing it to take advantage of all I Mill Creek Neighborhood Council the opportunities offered by the City's Neighborhood Program, including the City's grant matching program. 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 Mill Creek neighborhood and all those who participated in forming the Mill Creek �I Neighborhood Council. The Kent City Council hereby recognizes Mill Creek as an official Neighborhood Council of the City of Kent, supports Mill Creek's community building efforts, and confers on the Mill Creek Neighborhood Council all opportunities offered by the City's Neighborhood Program. SECTION 2. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. - 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 September, 2007. CONCURRED in by the mayor of the city of Kent this day of September, 2007. SUZETTE COOKE, MAYOR 2 Mill Creek 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 September, 2007. BRENDA JACOBER, CITY CLERK i i i i i i i 3 Mill Creek Neighborhood Council EXHIBIT A 1 t t t T t t t 4 Mill Creek Neighborhood Council A hll Creek Neighborhood EJ � HTLH ,nn 1 1 1 I a i RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, recognizing the Riverview 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 Riverview neighborhood consists of approximately 732 housing units and is roughly bounded to the north by South 2161h Street, to the east by Frager Road South, to the south by South 228th Street, and to the west by 39th Place South, as depicted in the map attached and incorporated as Exhibit A. On August 10, 2007, the Riverview Community Association completed and turned in an official registration form requesting that the City recognize the Riverview 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 Riverview Neighborhood Council i NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Recognition of Nelohborhood Council. - The City Council for the City of Kent hereby acknowledges the effort and commitment of the Riverview neighborhood and all those who participated in forming the Riverview Neighborhood Council. The Kent City Council hereby recognizes Riverview as an official Neighborhood Council of the City of Kent, supports Riverview's community building efforts, and confers on the Riverview Neighborhood Council all opportunities offered by the City's Neighborhood Program. SECTION 2. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. - 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 September, 2007. CONCURRED in by the mayor of the city of Kent this day of September, 2007. SUZETTE COOKE, MAYOR 2 Riverview Neighborhood Council ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 1 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 September, 2007. BRENDA JACOBER, CITY CLERK n\Cwil\ftesaluban\Na9nbornooGCounal NHavew aoc 3 Riverview Neighborhood Council EXHIBIT A i 1 4 Riverview Neighborhood Council Riverview Neighborhood Council MMM LI l..' '_� _ - ------- _ i fl Ab Zp PP .iP I EL �"�� " ��,,,,��;, w.,Y � rip �J ✓ {a� y - r S fill »�i •� ail i� 4`" ZY g ,Mz 0 t «� Legend Parcels Road Edge i Kent City Council Meeting Date September 18, 2007 Category Consent Calendar 1. SUBJECT: RE-APPOINTMENTS TO KENT ARTS COMMISSION— CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's re-appointments of Dr Bayard DuBois; Greg Worthing, Sheila (Shell) Newberry-Cantrall, Jack Becvar; and Charlene Shaw to serve on the City of Kent's Arts Commission All re- appointments will continue through October 31. 201 1 r 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 Budget9 Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount S 6 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6F KENT WASHINGTON MEMORANDUM To- Dr Deborah Ranniger, City Council President City Council Members From- Mayor Suzette Cooke Date September 18, 2007 Subject Re-Appointments to Kent Arts Commission 1 I seek your approval of my re-appointments of Dr. Bayard DuBois, Greg Worthing, Sheila Newberry- Cantrall, Jack Becvar, and Charlene Shaw to the Kent Arts 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 His history in the performing arts arena and interest in Kent make him a wonderful fit for the Kent Arts Commission Dr DuBois was appointed to fill a vacant term in July of this year and I am re- appointing him to the Arts Commission for another term ending October 31, 2011. Mr Worthing is a long-time Kent resident and was employed as an arts teacher in the Kent School District prior to his retirement He served as an Arts Commissioner in the past but now has more time to devote as a volunteer While working as a teacher, he also managed the Kent Performing Arts Center and he has used that experience to work with the District as a liaison for the student art projects Mr Worthing's term expires October 31, 2007, and I am re-appointing him to another term that will expire October 31, 2011 Ms Newberry-Cantrall is employed at Newberry Realty, and though not an artist, is a dedicated arts collector Ms Newberry-Cantrall's term expires October 31, 2007 and I am re-appointing her to another term that will expire October 31, 2011 Mr Becvar served as City Historian and was involved in the Greater Kent Historical Society and its Museum for many years Jack feels that Kent's heritage and history are important and he can contribute to its preservation through working with the Arts Commission Mr Becvar has requested re-appointment to the Arts Commission, and I am pleased to make that re-appointment His current term expires on October 31, 2007, and I am re-appointing Jack to another term that will expire October 31, 2011 Ms Charlene Shaw has served on the Kent Arts Commission for two terms She has also served on Kent's Diversity Advisory Committee, the Kent Lions Club Board of Directors and Kent Historical Society Board of Directors She is also active with Kent's Sister City Program. She works for King County, as the Assistant to the Captain at the Regional Justice Center in Kent Charlene has been a Kent resident for 35 years and wishes re-appointment to the Arts Commission Her current term expires on October 31, 2007, and I am re-appointing Charlene to another term that will expire October 31, 2011 1 submit this for your confirmation. Kent City Council Meeting Date September 18, 2007 Category Consent Calendar l SUBJECT: NO PARKING ZONES ON PORTIONS OF 27TH PLACE SOUTH AND S 256TH STREET ORDINANCE — ADOPT 2 SUMMARY STATEMENT: Adopt Ordinance No. which amends section 9 38 020 of the Kent City Code to add additional parking prohibitions on portions of 27`h Place South and South 256`h Street. Adding the no parking zones requested in the ordinance will increase visibility to tenants exiting the nearby apartment complexes, help clean up the neighborhood, and increase neighborhood safety. 3. EXHIBITS: 9/I1/07 memo to Public Safety Committee and Ordinance 4 RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, 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 6G LAW DEPARTMENT Tom Brubaker, City Attorney • Phone. 253-856-5770 KEN T Fax: 253-856-6770 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 September 11, 2007 To: Public Safety Committee From. Arthur "Pat" Fitzpatrick, Deputy City Attorney Regarding- Ordinance Establishing Additional No Parking Zones on Portions of 27th PI. S. and S 256th Street - Recommend Adoption MOTION: Recommend council adopt the proposed ordinance which amends section 9.38.020 of the Kent City Code to add additional parking prohibitions on portions of 27th Place South and South 256th Street. SUMMARY: The Police Department has requested council consider an ordinance which creates no parking zones on 27th Place South from South 259th Street north to South 256th Street and on South 256th Street from 27th Place South east to the traffic control gate installed on South 256th Street The Appian Way and Bravado apartment complexes have advised the Police Department that they would welcome the no parking zones. According to the managers, there is adequate parking within the complex parking lots to accommodate their tenants and agreed the no parking zones would increase safety in the neighborhood The managers spoke of a young child who was hit by a car a few weeks ago, and the limited visibility afforded to tenants as they exit the parking lots due to the cars parked on the street. Appian Way has over 250 children that participate in its programs, and its manager spoke of many near misses of children being hit by cars. It appears that there is adequate parking in the four-plex rental buildings located on South 256th Street and 27th Place South. Each four-plex has six to seven on site parking spots to accommodate their residents and they should have little need to park on the street. In addition to creating more visibility to tenants as they exit the apartment complexes, the no parking zones would help to clean up the neighborhood. The apartment managers work hard to ensure their parking lots only contain properly licensed, running cars of tenants residing in their apartments. Unfortunately, this action causes the tenants to move their junk cars to the street In addition, there are officer safety concerns with gang and drug activity where these cars provide cover for criminals to conduct business and create a safety risk for our officers. BUDGET IMPACT: Nominal cost to create and post appropriate no parking signs. p 1CrvNMONons-Blu¢SNeeb\NOVarkngZone EJ[NTS 5Z56.hSt ODE 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 add parking prohibitions to portions of 27th Place South and South 2561h Street RECITALS A. In KCC 9.38 020, the Kent City Council has created a number of no parking zones throughout the City for various reasons. The Kent Police Department has requested council adopt an ordinance which creates additional no parking zones on 27th Place South from South 259th Street north to South 2561h Street and on South 256th Street from 27th Place South east to the traffic control gate installed on South 256th Street. B. The neighboring apartment complexes have advised the Police Department that they would welcome the no parking zones. According to the managers, there is adequate parking within the complex parking lots to accommodate their tenants and agreed the no parking zones would increase safety in the neighborhood. The managers spoke of a young child who was hit by a car a few weeks ago, and the limited visibility afforded to tenants as they exit the parking lots due to the cars parked on the street. One of the complexes, the Appian Way Apartments, has over 250 children that participate in its programs, and its manager spoke of many near misses of children being hit by cars. C. It appears that there is also adequate parking in the four-plex rental buildings located on South 256th Street and 27th Place South. Each four- 1 Additional No Parking Zones Ptns of 27`n Pl. S. and S. 256'h St. plex has six to seven on site parking spots to accommodate their residents and they should have little need to park on the street. D. In addition to creating more visibility to tenants as they exit the apartment complexes, the no parking zones would help to clean up the neighborhood The apartment managers work hard to ensure their parking lots only contain properly licensed, running cars of tenants residing in their apartments Unfortunately, this action causes the tenants to move their Junk cars to the street. In addition, there are officer safety concerns with gang and drug activity where these cars provide cover for criminals to conduct business and create a safety risk for our officers. 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 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: f 1. 1st Avenue North: from the intersection of West James Street to the north end of 1st Avenue North, east side only. 2. 1st Avenue North: from West James Street to West Smith Street. 3. 2nd Avenue North- from West Smith Street to West Harrison Street. 4. 2nd Avenue North: from South 228th Street to south end of street. S. 4th Avenue North and South: from SR 516/West Willis Street to South 228th Street 2 Additional No Parking Zones Ptns of 27`h Pl. S. and S. 256`h St. 6. 5th Avenue North: from West James Street to north end of 5th Avenue North 7. 6th Avenue North: from South 228th Street to south end of street. 8. 6th Avenue South: from West Meeker Street to West Gowe Street. 9. 26th Avenue South: both sides from South 272nd Street to five hundred (500) feet north of South 272nd Street and on 26th Avenue South from South 272nd Street to end of 26th Avenue South, east side only. 10. 27th Avenue South: from South 240th Street to end of 27th Avenue South. j11. 27th Avenue South: from South 259`h Street north to South 256`h Street. 12�. 28th Avenue South: from South 240th Street to end of 28th Avenue South. 132. 30th Avenue South: from South 240th Street to Kent-Des Moines Road (SR 516). 143. 36th Place South: from South 272nd Street to 35th Lane South. 154. 42nd Avenue South: from Reith Road to South 260th Street. 165. 54th Avenue South: from South 228th Street to South 226th Street. 176. 58th Place South. from Russell Road to South 194th Street. 18-7. 58th Place South: from South 226th Street to south end of 58th Place South. 198. 62nd Avenue South: from South 190th Street to South 196th Street. j20319. 64th Avenue South: from south end of road to South 212th Street. I218. 66th Avenue South. from South 196th Street to South 190th Street. 22�. 72nd/70th Avenue South- from South 228th Street to South 180th Street (43rd Avenue South). 23-2. 74th Avenue South: from South 259th Street to West Willis Street (SR 516). 243. 76th Avenue South: from South 228th Street to South 212th Street. 254. 77th Avenue South: from South 212th Street to north end of road 268. 80th Avenue South: from South 180th Street (43rd Avenue South) to South 196th Street, and 80th Avenue South from South 200th Street to South 208th Street. 3 Additional No Parking Zones Ptns of 27rh Pl. S. and S. 256`h St. 276. 80th Place South. from 80th Avenue South to 84th Avenue South. 282. 81st Avenue South: from South 200th Street to South 196th Street. 298. 83rd Avenue South: from South 228th Street to South 224th Street. 3029. 84th Avenue South/East Valley Highway/Central Avenue North/Central Avenue South- from South 180th Street (43rd Avenue South) to the Green River Bridge. 318. 88th Avenue South: from East James Street to South 218th Street. 32�. 94th Avenue South: from Canyon Drive to South 240th Street. 332. 97th Place South: from Canyon Drive to 100th Avenue Southeast. 343. 100th Avenue Southeast: from Southeast 248th to the north city limits. 354. 101st Avenue Southeast: from Southeast 256th Street (SR 516) to Southeast 260th Street. 365. 102nd Avenue Southeast: from Southeast 240th Street to the north end of 102nd Avenue Southeast. 376. 104th Avenue Southeast (SR 515): from Southeast 272nd Street to north city limits. 382. 108th Avenue Southeast: from Southeast 281st Street to Kent-Kangley Road (SR 516). 398. 108th Avenue Southeast: from Southeast 244th Street to Southeast 236th Place. 4039. 109th Avenue Southeast: from Southeast 256th Street to Southeast 248th t Street. 418. 112th Avenue Southeast: from south end of 112th Avenue Southeast to ' Southeast 232nd Street. 42�. 114th Avenue Southeast: from Kent-Kangley Road to south end of street. 432. 116th Avenue Southeast: from Southeast 227th Place to Southeast 274th Way. 443. 117th Avenue Southeast: from Southeast 244th Street to end of street. 454. 118th Court Southeast: from Southeast 244th Street to end of street. 465. 119th Court Southeast: from Southeast 244th Street to end of street. 4 Additional No Parking Zones Ptns of 27`h Pl. S. and S. 256`h St. I 476. 119th Way/120th Place Southeast: from Southeast 244th Street to Southeast 244th Street 48-7. 120th Avenue Southeast: from the gate on Southeast 268th Street to Southeast 270th Street, north and east sides only. 498. 124th Avenue Southeast: from Southeast 248th Street to Southeast 282nd Street. 5049. 132nd Avenue Southeast: from Southeast 236th Street to Southeast 288th Street. 51G. 140th Avenue Southeast: from Southeast 256th Street to Southeast 260th Street. 52�. 144th Avenue Southeast: from Kent-Kangley Road (SR 516) to Southeast 288th Street. 532. 148th Avenue Southeast- from Southeast 256th Street to Southeast 240th Street. 543. 148th Avenue Southeast/152nd Way Southeast: from North City Boat Ramp to Kent-Kangley Road (SR 516). 554. 152nd Avenue Southeast/152nd Way Southeast: from Kent-Kangley Road (SR 516) to SR 18. 568. Alder Lane/South 262nd Street: from Central Avenue South to 500 feet east of Central Avenue South 576. Cambridge Way: two hundred (200) feet south of South 262nd Street, west side only. 58-7. East Canyon Drive: from Hazel Avenue North to 101st Avenue Southeast. 1 598. East Gowe Street/West Gowe Street: from Railroad Avenue South to 1st Avenue South. 6059. East Gowe Street- from Railroad Avenue South to Central Avenue South, south side only, and from Central Avenue South to Kennebeck Avenue South 619. East Harrison Street: from one hundred forty (140) feet west of 4th Avenue North to 4th Avenue North, south side only. 62�. East Meeker Street/West Meeker Street: from Railroad Avenue South to 1st Avenue South. 632. East Pioneer Street: from one hundred seventy (170) feet east of Central Avenue to State Avenue, south side only, and from Central Avenue South to two hundred (200) feet east of Central Avenue, north side only 5 Additional No Parking Zones Ptns of 27th Pl. S. and S. 256`h St. 643. East Pioneer Street- from Railroad Avenue North to Central Avenue North. 654. East Titus Street: from 3rd Avenue South to 4th Avenue South, north side only, police vehicle parking only. 666. East Titus Street: from West Gowe Street to Reiten Road South, southeast side only. 676. East Titus Street/West Titus Street: from Railroad Avenue South to 1st Avenue South. 68-7 East Titus Street: from East Smith Street to Reiten Road South. 699. Frager Road South: from West Meeker Street to South 204th Street. 7064. Interurban Trail Street- from Meeker Street to Smith Street t 718. Kennebeck Avenue South: from East Smith Street to East Ward Street. 72�. Lake Fenwick Road: from South Reith Road to South 272nd Street. 73-2. Lakeside Boulevard East: from South 240th Street to South 228th Street. 743 Lakeside Boulevard West: from Lakeside Boulevard East to South 228th Street 754. Landing Way: from 64th Avenue South to West Valley Highway. 76§. Lincoln Avenue North- from West Meeker Street to West James Street. 776. Maple Street South: from Woodland Way South to Garfield Avenue South, south side only. 78-7. Military Road South/36th Avenue South/Military Road South: from South 228th Street to South 272nd Street. 798. Novak Lane: from Central Avenue to west end of street. 8079. Ramsay Way: from 4th Avenue North to two hundred thirty (230) feet east of 4th Avenue North. 81G. Ramsay Way: from three hundred fifty (350) feet east of 4th Avenue North to four hundred forty (440) feet east of 4th Avenue North, south side only. 821. Ramsay Way: from three hundred fifty (350) feet east of 4th Avenue North to four hundred eighty (480) feet east of 4th Avenue North, north side only. 83-2. Ramsay Way: from five hundred twenty (520) feet east of 4th Avenue North to one hundred fifty (150) feet north of West Temperance Street. 6 Additional No Parking Zones Ptns of 2Xh Pl. S. and S. 256`h St. f I 843. Ramsay Way: from West Temperance Street to West Smith Street. 854. Riverview Boulevard: from South 216th Street to South 232nd Street. 866. Russell Road South: from end of street at Green River Trail to West James Street. 876. Russell Road South: from South 228th Street to South 212th Street. 88-7. South 188th Street- from West Valley Highway (SR 181) to 72nd Avenue South, and South 188th Street from 80th Avenue South to west end of street at BNSF Railway Company tracks. 898. South 190th Street: from West Valley Highway to 72nd Avenue South, and South 190th Street from 80th Avenue South to west end of street at BNSF Railway Company tracks. 9089. South 192nd Street: from the west end of the road to 84th Avenue South. 918. South 194th Street: from 58th Place South to 66th Avenue South. 92�. South 194th Street: from 84th Avenue South to west end of street at BNSF Railway Company tracks. 93-2. South 196th Street/Russell Road/South 200th Street: from SR 167 to Orillia Road, 943. South 200th Street: from 80th Avenue South to 84th Avenue South. 954. South 202nd Street: from 80th Avenue South to west end of street at BNSF Railway Company tracks. 966. South 204th Street: from West Valley Highway (SR 181 ) to 72nd Avenue South. 976. South 206th Street: from 72nd Avenue South to 77th Avenue South. 98-7. South 208th Street. from 80th Avenue South to west end of street at BNSF Railway Company tracks. 998. South 208th Street: from 84th Avenue South to 96th Avenue South. 10099.South 212th Street: from west city limits to east city limits. 1016 South 216th Street: from 64th Avenue South to 72nd Avenue South. 102+. South 216th Street: from 84th Avenue South to the west end at BNSF Railway Company tracks. 1033. South 218th Street* from 84th Avenue South to SR 167. 7 Additional No Parking Zones Ptns of 27`h Pl. S. and S. 256th St. i 1043. South 220th Street: from West Valley Highway (SR 181) to 72nd Avenue South. 1054. South 222nd Street: from west end at BNSF Railway Company tracks to SR 167. 1066. South 224th Street: from 83rd Avenue South to east end of road 1076. South 226th Street: from 54th Avenue South to 64th Avenue South. 108-7. South 228th Street: from Russell Road South to 83rd Avenue South. 1099. South 231st Way: from Military Road South to Russell Road South. t 11014. South 234th Street: from West Valley Highway to east end of street 1114. South 236th Street: from Lakeside Boulevard East to 64th Avenue South. 1124. South 240th Street: from 27th Avenue South to I-5. 113-2. South 252nd Street- from Canyon Drive (SR 516) to east end of road. 114. South 256" Street: from 27"' Place South east to the traffic control gate. 1153. South 259th Street: from 74th Avenue South to east city limits. 1164. South 260th Street/South 259th Place South/Reath Road South: from SR 99 (Pacific Highway South) to Kent-Des Moines Road (SR 516) 1176. South 268th Street: from Military Road South to Princeton Avenue South. 1186. South 272nd Street: from Lake Fenwick Road South to 42nd Avenue South, north side only. 1197. South 277th Street and Southeast 274th Way: from Auburn Way North to 116th Avenue Southeast. 1201-8.South Central Place: from South 266th Street to the end of South Central Place. 12144.Southeast 236th Street: from 104th Avenue Southeast (SR 515) to 108th Avenue Southeast, south side only. 1229. Southeast 239th Street: from 102nd Avenue Southeast to 104th Avenue Southeast. 1231. Southeast 244th Street: from 120th Avenue Southeast to 116th Avenue Southeast. 1244. Southeast 248th Street: in front of George Daniels Elementary School. 8 Additional No Parking Zones Ptns of 27`h Pl. S. and S. 256`h St. r _ 1253. Southeast 256th Street: from 101st Avenue Southeast to 148th Avenue Southeast. 1264 Southeast 260th Street: from 100th Avenue Southeast/97th Place South to 108th Avenue Southeast. 1275. Southeast 264th Street: from 124th Avenue Southeast to 127th Avenue Southeast, north side only. r1286. Southeast 267th Street: from 102nd Avenue Southeast to 104th Avenue Southeast, north side only. 1297. SR 99 (Pacific Highway South): from Kent-Des Moines Road (SR 516) to South 272nd Street. 1302-8.West Cloudy Street: from 4th Avenue North to 5th Avenue North. 131�9.West Gowe Street: from 6th Avenue South to 300 feet east of 6th Avenue South. 1320. West Harrison Street: two hundred (200) feet west of 2nd Avenue North to I2nd Avenue North, north side only. 133�. West Harrison Street, from one hundred seventy (170) feet east of 4th Avenue North to 4th Avenue North. 134-2. West James Street/East James Street/South 240th Street/Southeast 240th Street: from Russell Road to 148th Avenue Southeast. r1353. West Meeker Street: from Kent-Des Moines Road (SR 516) to 6th Avenue South. 1364. West Saar Street: from west end of street to 4th Avenue South, south side only. 1375. West Sam Street: from West Valley Highway (SR 181/Washington Avenue) to end of street. 1386. West Smith Street/East Smith Street: from 64th Avenue South to Jason Avenue South. 139-7. West Temperance Street: from Ramsay Way to 1st Avenue North. 14038.West Valley Highway South/Washington Avenue South/Washington Avenue North/68th Avenue South- from south city limits to north city limits. 14139.West Willis Street/East Willis Street: from 4th Avenue South to Central Avenue South 1 9 Additional No Parking Zones Ptns of 27`h Pl. S. and S. 256`h St. 1420. Woodland Way South: from East Maple Street to the driveway of Scenic Hill School. SECTION 2. - Severablllty. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 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 APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 10 Additional No Parking Zones Ptns of 27th Pl. S. and S. 256`h St. i r PASSED: day of September, 2007. APPROVED: day of September, 2007. PUBLISHED: day of September, 2007. rI 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 P%GvPiOMinaq%WPaMingZ -37MR5,53565t a« 1 f i i 11 Additional No Parking Zones Ptns of 27th Pl. S. and S. 256th St. Kent City Council Meeting Date September 18, 2007 Category Consent Calendar 1 SUBJECT: KENT SCHOOL DISTRICT AGREEMENT FOR SCHOOL LIAISON OFFICER— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a new agreement with the Kent School District for the full-time services of one police officer to act as the School Liaison Officer. The Kent School District agrees to reimburse the Kent Police Department the full salary and benefits of the School Liaison Officer upon submission of a monthly invoice. The Agreement shall be effective September 1, 2007 through August 31, 2008 i 3. EXHIBITS: Kent School District School Liaison Officer Agreement 2007-2008 4. RECOMMENDED BY: Public Safety Committee 9/11/07 (Committee. Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure`? N/A Revenue? N/A Currently in the Budget? Yes X No If no• Unbudgeted Expense- Fund Amount $ Unbudgeted Revenue. Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H i iPOLICE DEPARTMENT Steve Strachan, Chief of Police Phone 253-856-5888 K E N T Fax 253-856-6802 W n s r+ N G r o N Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: September 11, 2007 TO: Public Safety Committee SUBJECT: Kent School District School Liaison Officer Agreement 2007-2008 MOTION: I move to recommend that Council authorize the Mayor to sign the agreement between the Kent School District and the City of Kent to provide a school liaison officer from September 1, 2007 1 through August 3 t, 2008, pending review and approval by the City Attorney SUMMARY: This is a renewal agreement in which the Kent School District contracts with the City of Kent for the full-time services of one police officer to act as the School Liaison Officer The Kent School District agrees to reimburse the Kent Police Department the full salary and benefits of the School Liaison Officer upon submission of a monthly invoice The Agreement shall be effective September 1, 2007 through August 31, 2008. EXHIBITS: Agreement 2007-2008 between Kent School District and City of Kent BUDGET IMPACT: City of Kent Public Safety Committee KSD Liaison Officer 2007-2008 September It,2007 1 AGREEMENT 2007 -2008 THIS AGREEMENT is made and entered into by and between the City of Kent, by and through the Kent Police Department, hereinafter referred to as the "Department", and the Kent School District, hereinafter referred to as the "District'. WHEREAS, the School Liaison Officer, (Dave Buck) is employed by the City of Kent Police 1 Department as a law enforcement officer, holding the rank of Officer therein: and WHEREAS, the District desires to improve school security and provide a safe, secure environment for its students and staff, and WHEREAS, the District desires to contract with the City of Kent for the full-time services of one police officer to act as the School Liaison Officer. NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the parties hereto mutually agree as follows: 1. TERM The Agreement shall be effective on September 1, 2007 through August 31, 2008, subject to any prior termination as provided herein and unless extended by written agreement of parties hereto. 2. DUTIES OF THE DEPARTMENT The Department shall provide the full-time services of a police officer to the District for the purpose of assisting with the training, organization and direction of school security. Such services shall include, but not be limited to: a. Assist in the development and implementation of ongoing training programs to produce highly trained career-oriented school security personnel. 1 b. Assist in the establishment of a communication network among school security personnel. c. Develop a daily routine that ensures high visibility to Kent School District staff, students and community. d. Assist in the development of a standardized operational procedures manual for school security personnel. e. Support the District Security Administrator in his/her role as a liaison with city and county law enforcement officers. f. Prepare daily reports. g. Assist in the establishment of emergency operation procedures for buildings. I h. Help establish and maintain security procedures focused on prevention of problems in schools and the community. i. Help foster an attitude, which promotes a safe school environment. j. Conduct investigations on behalf of the school district. 1 k. Help diffuse conflicts. 1. Contact truant children and their parents. in. Transport students with behavioral or health problems to their homes or other designated locations. n. On occasion, have the ability to work flexible hours. o. Other duties as mutually agreed upon by the Kent School District and police agency. The Kent Police Department shall provide the use of radio, and uniform to the School Liaison ' Officer to perform the duties of the School Liaison Officer. The Kent School District shall provide the use of a pager and cellular phone to the School Liaison Officer. 3. CONSIDERATION In consideration of those services provided under this Agreement, the District shall reimburse the Department its full payment of salary, plus 6% of base rate incentive pay,for the School Liaison Officer, including all benefits and all increases to said salary or benefits during the period of service to the District herein. The District shall pay said reimbursement amount upon submission by the Department of a monthly invoice. WORK SCHEDULE The School Liaison Officer shall be on duty as the School Liaison Officer from 7:00am (0700 firs) to 5:00pm (1700 hrs) Tuesday through Friday during the term of this Agreement, subject to paragraph 2(n), or hours and days agreed upon by the District, Department, the bargaining unit for the Kent Police Officers, and the officer providing the services. 4. OVERTIME Costs associated with overtime shall be paid by the District, except the costs associated with overtime for Friday training at the Kent Police Department or any other Department functions not relating to School District Business will be paid by the Department. 6. BACKUP The Kent officer will respond to and backup the Kent School District Security Personnel as needed. The Kent Officer may respond to and backup other City of Kent Police Officers when necessary 7. AGREEMENTS OUTSIDE OF THIS AGREEMENT This Agreement contains the complete agreement between the parties and shall, as of the effective date hereof, supersede all agreements, either written or oral, between the parties. The parties agree that neither of them has made any representation with respect to the subject matter of this Agreement or any representations, including the executing and delivery hereof, except such representations as are specifically set forth herein, and each of the parties hereto acknowledge that it has relied on its own judgement in entering into this Agreement. , 8. MODIFICATION No waiver or modification of this Agreement or any covenants, conditions, or limitations herein contained shall be valid unless in writing and duly executed by the parties to be charged therewith, and no evidence of any waiver of modification shall be offered or received in evidence of any proceeding or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing duly 2 1 executed as aforesaid; and the parties further agree that the provisions of this section may not be waived except as herein set forth. 9. TERMINATION OF AGREEMENT This Agreement may be terminated without cause at any time by mutual agreement of the parties hereto, or by either party after sixty (60) days following the other party's receipt of a written intent to terminate. Each party shall have the right to cancel and immediately terminate this agreement without prior ' notice upon breach of the Agreement by the other party. In the event of termination under this section, the Department will be entitled to receive, to the date 1 of such termination on a pro rate basis, the compensation as set forth in section 3, above. 10. EMPLOYMENT OBLIGATIONS OF PARTIES The Department agrees to pay to the School Liaison Officer the full salary and benefits, including all increases to said salary and benefits, accruing to him as an employee of the Department during the I period of his services herein. Additionally, the Department agrees to extend to the Officer, all rights, privileges, and benefits attendant to and resulting from his employment by the Department, including any and all promotional opportunities otherwise available to him. The Department further agrees that upon completion and conclusion of the Officer's service herein, and in the absence of any promotion or upgrading in classification which has occurred during the duration of the Agreement, he/she will be returned and be reinstated to the Department at the same or equal commissioned rank or position which he held on the beginning date of this Agreement. The District agrees to provide input during the evaluation period and documentation as necessary with regards to the Officer's performance during the Officer's period of service herein and as required by the Department. Issues relating to evaluation of performance or changes to the school liaison program shall be coordinated through the Officer's supervisor The School Liaison Officer's performance records are completed and maintained at the Kent Police Department. The District agrees to permit the Officer to attend and testify at court proceedings pursuant to subpoena. If the Officer must appear in court pursuant to subpoena on matters unrelated to his services under this contract, the District shall not be obligated to pay for such court time. 11. TRAINING The District agrees to permit the School Liaison Officer to attend regular training sessions at the Department. The District shall provide training to the School Liaison Officer on school in service days. District employees may be permitted to use Department training facilities under the direct supervision of the School Liaison Officer and the training staff at the Department training center. 12. INDEMNIFICATION To the extent permitted by law, the School District shall defend, indemnify and hold harmless the City and its officer, agents and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising out of any act or omission of the School District, its officers, agents, and employees or any of them relating to or arising out of the performance of the Agreement; however, the School District shall not defend, indemnify or hold the City harmless from any claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s) or the negligence of the City, its officers, agents and employees or any of them. In any action which the School District defends the City, the School 3 District shall have the right to select counsel; however, the City may associate additional counsel at the City's own expense. If final judgment be rendered against the City and the School District and their respective officer, agents and employees, or any of them, the School District shall satisfy the same; however, in the event that the final judgment contains any award for injury, damage or loss of ' any kind caused by the intentional act(s) or the sole negligence of the city, its officers, agents and employees or any of them, the City shall pay that portion of the judgment. In executing this Agreement, the city does not assume liability or responsibility for, or in any way release the School District from any liability or responsibility which arises in whole or in part from the existence or effect of School District polices, rules or regulations. If any cause, claim, suit, ' action, or administrative proceedings is commenced in which the enforceability and/or validity of any such School District policy, rule or regulation is at issue, the School District shall defend the same at its sole expense and if judgment is entered or damages are awarded against the School District, the City or both, the School District shall satisfy the same, including all chargeable costs and attorney's fees. The City shall defend, indemnify and hold harmless the School District and its officers, directors, agents and employees, or any of them from any and all claims, actions, suits, liability, loss. costs, expenses and damages of any nature whatsoever, out of any act or omission of the City, its officers, agents and employees, or any of them in the performance of this Agreement; however, the City shall not defend, indemnify or hold the School District harmless from any claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s) or the sole negligence of the School District, its officers, directors, agents and employees or any of them In any action which the City defends the School District, the City shall have the right to select counsel; however, the School District may associate additional counsel at the School District's own expense. If final judgment contains any award for injury or loss of any kind caused by the intentional act(s) or the sole negligence of the School District, its officers, directors, agents and employees or any of them, the School District shall pay that portion of the judgment. 13. MEDICALIHEALTH AND WORKER' COMPENSATION BENEFITS In the event of any injury to, or the illness or death of, the School Liaison Officer while acting in performance of this Agreement, the Department agrees to extend to the School Liaison Officer medical/health and workers' compensation benefits and other compensation, to the same extent and in the same manner as in such injury, illness, or death had occurred during work assignment in and for the Department. The District shall have no obligation to provide the School Liaison officer with any workers compensation or other benefits. 14. VENUE STIPULATION This Agreement shall be construed as having been made and delivered with the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any , action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision hereto shall be instituted in King County, Washington. 15. ASSIGNMENT Each party to this Agreement stipulates that the Agreement is one for personal services and accordingly neither party hereto may assign, sublet, or transfer any interest in this Agreement. 16. COMPLIANCE WITH LAWS The parties hereto agree to comply in carrying out the terms of this Agreement with all applicable federal, state, and local laws, ordinances, and regulations, including but not necessarily limited to, the laws pertaining to civil rights and laws pertaining to the District and the Department 4 r 17. CONTRACT ADMINISTRATION The parties shall each appoint representatives to review contract performance and resolve problems which cannot be dealt with by the City's liaison officer and the School District Security Administrator. Each party shall notify the other in writing of its designated representatives. The contract administrators will meet as needed, but at least annually, with either party authorized to call additional meetings with ten(10) days written notice to the other. 18. NOTICES r All notices given herein shall be in writing and shall be sent by registered mail to the parties at their recognized business addresses. 19. HEADINGS The article headings contained in this Agreement are inserted solely as a matter of convenience and for reference and in no way do they define, limit, or describe the scope or intent of the provisions of this agreement. 7/26/06 i1tp IN WITNESS WHEREOF, the parties have affixed their signature on the dates below. rKENT SCHOOL DISTRICT CITY OF KENT r Barbara Grohe, Superintendent Suzette Cooke, Mayor r Date 9'- `/-07 Date 1 r r 5 Kent City Council Meeting Date September 18, 2007 Category Consent Calendar 1. SUBJECT: 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT — ACCEPT 2. SUMMARY STATEMENT: The Kent Police Department has been awarded a 1 2007 Fiscal Year Justice Assistance Grant in the amount of$61,996 There is no city funding match required The funding is designated to support community policing strategies as outlined in the attached documents. The project period for this grant is from 10/01/06 to 9/30/2010 The grant was awarded on 8/20/07. f 3 EXHIBITS: FY2007 Edward Byrne Memorial JAG award documents and Kent Police Department Summary Budget 4. RECOMMENDED BY: Public Safety Committee 9/11/07 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure" Y Revenue? Y Currently in the Budget? Yes No X If no: Unbudgeted Expense- Fund N 00013 Amount $61,996 Unbudgeted Revenue- Fund N 00013 Amount $61,996 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 ' DISCUSSION ACTION: Council Agenda Item No 6I rPOLICE DEPARTMENT Steve Strachan, Chief of Police � Phone 253-856-5888 KENT Fax 253-856-680202 W 45HiuGTGN Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: September 11, 2007 TO: Public Safety Committee FROM: Steve Strachan, Chief of Police SUBJECT: Justice Assistance Grant FY2007 MOTION: I recommend that Council accept the FY2007 Edward Byrne Memorial Justice Assistance Grant in the amount of$61,996 and authorize the Mayor to sign the grant document. SUMMARY: The Kent Police Department has been awarded a FY2007 Justice Assistance Grant in the amount of$61,996 There is no city funding match required, however the grant program encourages a match The funding is designated to support community policing strategies as outlined in the attached documents. EXHIBITS: Edward Byrne Memorial Justice Assistance Grant FY2007 Award documents Summary Budget BUDGET IMPACT: None ' BACKGROUND: tPublic Safety Committee Subject JAG FY2007 Date September 11,2007 r r Department of Justice `t _ S Office of Justice Programs Bureau of Justice Assistance rOffice of Justice Programs wavhengton,D C 20531 August 20, 2007 The Honorable Suzette Cooke City of Kent 220 South Fourth Avenue Kent, WA 98032-5895 IDear Mayor Cooke On behalf of Attorney General Alberto Gonzales, it is my pleasure to inform you that the Office of Justice Programs has approved your application for fundmg under the FY 07 Edward Byrne Memorial Justice Assistance Grant(JAG)Program in the amount of$61,996 for City of Kent Enclosed you will find the Grant Award and Special Conditions documents This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand Should you not adheic to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate If you have questions regarding this award, please contact - Program Questions,Jeffrey S Felten-Green, Program Manager at(202)514-8874, and - Financial Questions, the Office of the Comptroller, Customer Service Center(CSC)at (800)458-0786,or you may contact the CSC at ask oc@usdol gov ICongratulattons,and we look forward to working with you Sincerely, 1 Domingo S Herraiz Director,Bureau of Justice Assistance rEnclosures 1 1 r _ Department of Justice Office of Justice Programs Office for Civil Rights Washtngmrl DL 205f1 August 20, 2007 The Honorable Suzette Cooke Citv of Kent 220 South Fourth Avenue Kent,WA 98032-5895 Dear Mayor Cooke Congratulations on your recent award In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws The Office for Civil Rights(OCR), Office of Justice Programs(OJP), U S Department of Justice is responsible for ensuring that recipient of financial aid from ON, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services(COPS) comply with applicable Federal civil rights statutes and regulations We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding Ensuring Access to Federally Assisted Programs As you know Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national oiigm, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the dehvery of services or benefits Federal law also prohibits funded programs or activities from discnminating on the basis of age in the delivery of services or benefits Providing Services to Limited English Proficiency(LEP)Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U S C § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limped English proficiency (LEP) For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http//www lep gov Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations In general.the regulation, Participation in Justice Department Programs by Religious Organizations, Providing for Equal Treatment of all Justice Department Program Participants,and known as the Equal Treatment Regulation 28 C F R part 38, requites State Administering Agencies to treat these organizations the same as any other applicant or recipient The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organvation's religious character or altiliatnon, religious name,or the religious composition of its board of directors The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities While faith-based orgam7ations can engage in non-tunded inherently religious activities, they must be held separately from the Department of Justice funded program,and customers or beneficiaries cannot be compelled to participate in them The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not pei matted to discriminate in the provision of services on the basis of a beneficiary's religion For more information on the regulation,please see OCR's website at htip//www ojp usdo) gov/ocr/etfbo him State Admmistenno Agencies and faith-based organizations should also note that the Sale Streets Act, as amended, the Victims of Crime Act, as amended, and the Juvenile Justice and Delinquency Prevention Act,as amended,contain prohibitions against discrimination on the basis of religion in employment These employment provisions have been specifically incorporated into 28 C F R Part 38 1(f)and 38 2(l) Consequently, in many circumstances, It would be impermissible for faith-based organizations seeking or receiving funding authorized by these statutes to have pohues or practices that condition hiring and other employment-related decision',on the religion of applicants or employees Programs subject to these nondiscrimination provisions may be found on OCR's websiie at http//www ojp usdol gov/ocr/ Questions about the tegulation or the statutes that prohibit disc mmnation in employment may be duocted to this Office Enforcing Civil Rights Laws All recipients of Federal financial assistance,regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce,are subject to the prohibitions against unlawtul discrimination Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups In addition, based on regulatory criteria,OCR selects a number of recipients each year or compliance reviews,audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employ inept practices meet equal employment pportumty standards Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions,an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,42 U S C § 3789d(c), or other Federal grant program requirements, must meet two additional requirements (1) complying with Federal regulations peat aining to the development of an Equal Emplovmen( Opportunity Plan (EEOP),28 C F R §42 301- 308, and(2)submitting to OCR Findings of Discrimination (see 28 C F R �§ 42 205(5)or 31 202(5)) 1) Meeting the EEOP Requirement In accordance with Fedei al regulations,Assurance No 6 in the Standard Assurances,COPS Assurance No 8 B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements It your organization has received an award for$500,000 or more and has 50 or more employees(counting both full-and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter For assistance in developing an EEOP, please consult OCR's wehsite it http//www o)p usdoj gov/ocr/eeop him You may also request technical assistance from an EEOP specialist at OCR by dialing(202)616-3208 If your organization received an award between S25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review Instead, your organization has to maintain the EEOP on Ide and make it available tot review on request to addition, your organization has to complete Section B of the Certification Form and return it to OCR The Certification Form can be found at http//www cjp usdoJ gov/ocr/eeop him If your organization received an award for less than$25,000,or if your organization has less than 50 employees, regardless of the amount of the award, or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your of ganization is exempt from the EEOP requirement However, your organization must complete Section A of the Certification Form and return it to OCR The Certification Form can be found at http//www ojp usdo) gov/otr/eeop him 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color,religion, national origin, or sex,your organization must submit a copy of the finding to OCR for review Ensuring the Compliance of Subrecipients r If your otganization makes subawards to other agencies,you are responsible for assuring that subrectptents also comply with all of the applicable Federal civil rights laws, mcludtne the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons State agencies that make subawatds must have in place standard -rant assurances and review procedures to demonstrate that they are effectively monrtorm<, the civil it-hts compliance of subrccipients If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at(202)307-0690 or visit our webstte at http//www olp usdol gov/ocr/ Sincerely, 7 / Michael L. Alston Director cc Grant Manager Financial Analyst 1 r i r z r a Department of Justice Office of Justice Programs PAGE l OF 5 Bureau of Justice Assistance Grant 1 RECIPIENT NAME AND ADDRESS(Including Zip Code) 4 AWARD NUMBER 2007-DJ-BX-0741 City of Kent 220 South Fourth Avenue 5 PROJECT PERIOD FROM 10/01/2006 TO 09/100-010 Kent,WA 98012-5895 - BUDGET PERIOD FROM 1 0/0 112 006 TO 09/30/2010 — i 6 AWARD DATE 08/20/2007 1 7 ACTION I GRANTEE IRS/VENDOR NO 8 SUPPLEMENT NUMBER Initial 916001265 00 9 PREVIOUS AWARD AMOUNT $0 3 PROJECT TITLE 10 AMOUNT OF THIS AWARD $61,996 2007 Justice Assistance Grant Program I I TOTAL AWARD — — $61,996 — 12 SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S) - - - ' 13 STATUTORY AUTHORITY FOR GRANT This project is supported under 42 US C 3751(a)(BJA-JAG Formula) 15 METHOD OF PAYMENT PAPRS F AGENCY APPROVAL GRANTEE ACCEPTANCE 16 TYPED NAME AND TITLE OF APPROVING OFFICIAL 18 I YPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Domingo S Hemaiz Suzette Cooke Director,Bureau of Justice Assistance Mayor I 17 SIGNATURE OF APPROVING OFFICIAL 19 SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A DATE � r AGENCY USE ONLY 20 ACCOLNTING CLASSIFICATION CODES 21 D107U00479 FISCAL FLND BUD DIV YEAR CODE ACT OFC REG SUB POMS AMOUNT ' X B DJ 80 00 00 61996 OJP FORM 4000/2(REV 5-87)PREVIOUS EDITIONS ARE OBSOLETE Kent Police Department FY 2007 Justice Assistance Grant Summary Budget Bicycle Patrol Officer overtime $18,741 NRT vehicle computer/communications equipment Laptop 9,000 Communication software licensing 7,060 Cadet equipment , Equipment 22,795 Uniforms 4,400 Total $61,996 ' Assumptions: , 3 NRT patrol vehicles with 3 years of communication licensing (wireless card) 6 Cadets (3 yrs VC radio and phone/pager service) Bike OT = 290 hours (estimate-depends on specific officer salary/benefits) ' Kent City Council Meeting Date September 18, 2007 Category Consent Calendar I. SUBJECT: BILL OF SALE, CLARK LAKE ESTATES —ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Clark Lake Estates for 2219 linear feet of watermam, 13 gate valves, 6 hydrants, 1822 linear feet of sanitary sewer, 13 manholes, 1679 linear feet of streets, 1793 linear feet of storm sewer, 2 storm manholes, and 21 catch basins. The project is located at 24115-120`t' Avenue SE. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure" N/A Revenue? N/A ICurrently in the Budge19 Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue. Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i DISCUSSION: ACTION: ' Council Agenda Item No. 6.1 w Bill of Sale Page 1 of I so KENT WASHINGTON MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4T" AVENUE SOUTH KENT,WASHINGTON 98032 *20S- 100-- ' PROJECT• G 1V k- Ltk-0- ES iZ --7:�S LOCATION: ' TAX ACCT NO: BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this f0 7`H day of,A_tlrqC. 200? , by and between hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, herinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration, does hereby grant, bargain, sell to Grantee the following described improvements: A. WATERMAINS: together with a total of 7) 12" gate valves at $_�Lb'�i each, to hydrants at$ q50 each and/ or any other appurtenances thereto. 118ON R SE SE' Z`ro7= PL' d r' it91� PL sra ga Z+t�s1 5T �rw. Pra�e�} toOJ�dP ry ON t2o'tmAoes6FROM Ntocr+ A&W1.neSE 2.'+�5T TO SoL{-''�/_Sotumfs� ti e�� bo (street, esmt, etc) SOB 6a ss 5 lC ,�a4e S 1 yo.Tb pL $2. 20 •L(p (o" F�Jc{;Is Tian Including igi6.,(a linear feet at$ 2wEi per LF of t2" Docj l Lj[x,, (size &type) 22"" waterline. 940 ' B. SANITARY SEWERS: Together with a total of l3 manholes at $ D 0 each and /or any other appurtenances thereto. a Qs! PL 5E sfi Z.401? Pt 5�4�,�reje I,n�,ul t{q'CS PL Se Se Ztlly ST SeJW eLt' ON r_ laounda+.{ t?y- ,Ave-SE FROM N3�+ iw1 1,ne 5E2`foT-''ST TO �_�.� "�C,* bov^d^ 7 (street, esmt, etc) se TCT S-r tte;*' L5_ 5G b{�=T Sr t2o A w-SSE 55 2•{o_ FL Including 1. S linear feet at$ j�j per LF of 0" PVC, (size & type) a�- sewer line. C. STREETS: Together with curbs, Butters, sidewalks, and/or anv other annurtenanees Bill of Sale Page 2 of 2 6221,Z54CF of detention pond storage with a total cost of$ 060 �• , and / or any ' other appurtenances thereto. y0� eLt loo��dary IISb PL SG 5S 24C�PL. :500*% ON I�t3�Se FROM Sle i 6-AAA �� SE Z46� ST TO prosed '06' � (street, e5mt, etc) �PL_ L `� 24 t`�ST l�0� 5a ?>Io 56 , Se L4v0 ST l20"_^Aki6.Sis Se 240?y NL. _j� Including /G 41,a linear feet at$ e�ai per LF of k 2" P V C. --ram•-- (size & type) sewer line. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the , same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the , lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its ' successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this ' f0 TH day of ,/f'rPL— 2007 STATE OF WASHINGTON ) , ) SS COUNTY OF KING ) On this day of , 20 b , before me, the undersigned A Nota y Public i and forth St I of W hington, duly commissioned and sworn, Personally ap eared �.�1 i'Vvo � to me kno�rn to be the ' individual described�n and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purpose's therein mentioned. GIVEN under my hand and fficial sea] this day ofn 20 Q'1 N tary Public in an for the ' State of1 S Nottate of Washington, residing at HEATHER M i MIS �� , MY Appointment Apr 17.2008 My Commission Expires-. ' Bill of Sale Page 3 of 3 ' Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington, i esiding at ' My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent,King County, Washington, on the_ ' day of , 20 ny L Ue Iu I is urdiN, inc .40 K E N T 1 WAS H I NGTON ADDENDUM TO BILL. OF SALE 1 CITY OF KENT 1 KING COUNTY, WASHINI GTON The figures used on the Bill of Sale for & R"Rj�' G.4kE TA7�5 I , project dated JWa'f 3 !, 200 S _, were 1 based on the "As-Built" Engineering Plans dated Q yLd In /O 7 , for the same said ( CS%RTE� project. the undersigned P.E. or laud surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of �azeY-MosszeiJ—�at_E7~�� (r1G, , the firm 1 responsible for the preparation of the "As-Built" Engineering Drawtngs. E ER S p0 1 tgtia'fure w e 4r ' i TV� Sze 1 , 1 l l Kent City Council Meeting Date September 18, 2007 Category Consent Calendar 1. SUBJECT: BILL OF SALE, JESSICA'S PLACE SHORT PLAT — ACCEPT ' 2. SUMMARY STATEMENT: Accept the Bill of Sale for Jessica's Place for 336 linear feet of watermain, 3 gate valves, 1 hydrant, 412 linear feet of sanitary sewer, 3 manholes, 472 linear feet of streets, 878 linear feet of storm sewer, 2 storm manholes, 9 catch basins, and 18,918 cubic feet of detention pond storage. The project is located at 23401 — 1 12`f' Ave SE 3 EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expendrtur0 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 6K i \SS7 KENT W A S H I N G T O N MAIL TO: ENGINEERING DEPARTMENT ATTN: Jim Osborne 220 4T I AVENUE SOUTH KENT,WASHINGTON 98032 ' PROJECT: Jessica's Place ' LOCATION: 23401 112"A Ave SE TAX ACCT NO: 1722059021 ' BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON ' THIS INSTRUMENT made this��_day of 20 O} , by and between LiN E C'_un,S T Lkf-- /O ti A,�— , hereinafter called " rantors", and City of Kent, a municipal corporation of King County,State of ' Washington,hereinafter called"Grantee": WITNESSETH: ' That the said Grantors for a valuable consideration,does hereby grant, bargain,sell to Grantee the following described improvements: ' A. WATERMAINS: together with a total of 3 gate valves at S 1,000 each, 1 hydrants at S 2850 each and/or any other appurtenances thereto. ON FROM 112'h Ave SE TO SE 233`d St. (street, esmt, etc) Including 336 linear feet at S 29 per LF of 8" (size & type) D.LP. waterline. B. SANITARY SEWERS: Together with a total of 3 manholes at S 3,000 each and/or any other appurtenances thereto. 1 of 4 ' Bill of Sale i ON FROM SE 233rd St. TO 110d' PL SE (street, esmt, etc) i Including 412 linear feet at S 38 per LF of 8" ' (size & type) PVC sewer line. C. STREETS: Together with curbs,gutters,sidewalks,and /or any other appurtenances thereto. i ON FROM 110"PL SE TO SE 233rd St. (street, esmt, etc) i Including 472 centerline LF at$ 65 per LF of Private Road i (type)streets, 20 Feet asphalt roadway. D. STORM SEWERS: Together with a total of 2 manholes at$ 3,500 i each or a total of 9 catch basins at S 875 each, 0 LF of biofiltration swale or drainage ditch with a total cost of$ 0 18,918 CF of detention pond storage with a total cost of$ 150.000 , and/or any other i appurtenances thereto. ON FROM 1121°Ave SE TO 110 h PL SE i (street, esmt,etc) Including 878 linear feet at S 22 per LF of RPVC i (size & type) 12" sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same i against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its i successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on i this Z Ss day of A06j- ,206-4 -s i �^ C" f)k i 1 2 of 4 Bill of Sale i STATE OF WASHINGTON ) ) SS COUNTY OF KING } On this Z day of ,20 0- , before me,the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, Personally appeared iopf P T i MRrk�15r� to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this Zg4L day of Av k 20 0� Notary Public in and for the e�GSR K ...���pa State of Washington, residing at F s0 "Il VU� i $U My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made,seconded, and ' passed by the City Council of the City of Kent, King County,Washington, on the day of ,20 1 3 of4 ' Bill of Sale ADDENDUM TO BILL OF SALE CITY OF KENT The figures used on the Bill of Sale for Jessica's Place project dated 8-16-05 ,were based on the "As-Built" Engineering Plans dated 6-10-07 , for the same said Jessica's Place project. Donna L. Breske P.E. the undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Donna L. Breske, P.E. sole proprietor , the firm responsible for the preparation of the"As-Built" Engineering Drawings. ' �OF WASy �tS� Donna L.Breske,P.E. h a 27367 0 EXPIRES ((• rj'-p-] 1 4 of4 Bill of Sale ' Kent City Council Meeting Date September 18, 2007 Category Consent Calendar 1 SUBJECT: BILL OF SALE, KAM SINGH PLAT—ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Kam Singh Plat for 592 linear feet of watermain, 3 gate valves, 2 hydrants, 1406 linear feet of sanitary sewer, 6 manholes, 750 linear feet of streets, 1410 linear feet of storm sewer, 7 storm manholes, 12 catch basins, and 52,125 cubic feet of detention pond storage. The project is located at 22704-104th Avenue S. 3 EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5 FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budgets 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 6L KE14 T WASHINGTON n1.a1L TO: ENGINEERING DEPARTMENT ATTN. 220 4TII AVENUE SOUTH KENT,WASHINGTON 98032 LOCATION: ,;Z9 -4o"i ICr Ati+' S. TAX ACCT NO: BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON ?k THIS IN�/STRUNfENT made this ;6 day of_ 4 _20 (� - by and between 1�(1►/� '�)Inslt hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration, does hereby graut, bargain,sell to Grantee the following described improvements: A. WATERNWA1NS: together with a total of J gate valves at S each, hydrants at$ each and/or any other appurtenances thereto. ON FROM 100 1 'e- 5. TO d C C-i c\Px (street,esmt,etc) Including linear feet at S OZ per LF of I (size & type) ic S waterline. B. S4 NITAI?Y SEWIIIZ&: Together with a total of w manholes at S each and/or any other appurtenances thereto. 1 Bill llo of Sale ON FItOM A--- S TO "A C.� eiS3Soc r {��v�dc iz•.. (sh eet, esmt,etc) 7s� �,y ZU per LF of g Including�L linear feet at$ p (site& type) pa sewer line, C. STRF.l_3'S: Together with curbs,gutters,sidewalks,and t or any oilier appurtenances thereto. n ON FROM loo f/Fes. 'S. TO :.kc) A C.:l AP S C'rz� (street,esmt,etc) �o Including 7c�� centerline LF at S Z V per ►'of (type)streets, Feet asphalt i oadvvay. c� D. STORM SF, To etle r with a total of 4 + Pe.. llr� manholes at$�� each or a total of 1 { r icrtch basins at$ 3-+c: '-"— each, LF of beotiltration swale or dr onage ditch with a total cost of$ — S�t Z CF of detention pond storage vrrth a total cost of 3 L-/�, c ra = and f or any other appuitenancesthereto. ON FROM l�t� f S TO 4j-6 3- Col-ite (street, esmt, etc { 1 b— ee S J Inc1� I(� liuear feet at$ �� per LF of (Z� (size &type) sevrer line. t Wx GAF- pU G To hav and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the saine is free from all encumbrances; that all bills for labor and material have been paid; that it has the t ight to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Sill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system.ind to maintain them as provided in the applicable City Ordinauces. IN 1VITNF.SS WHEREOF,the undersigned has caused this instrument to be executed on this day of . 20 2of4 Bill of Sale STATE OF WASIIINGTON ) )SS COUNTY OF KING ) / / J/y On this / fh day of ,20 / ,before me, the undersigned A Notary Public in and for the State of�Vash_tnngtt"onn, duty commissioned and sworn,Personally appeared tc S,:,lam to me known to be the indic tdual descr ibed in and wlio executed the foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and (Iced for the uses and purposes therein mentioned. GIVEN under my hand and official seal this /� day of 20 Jz _. otary Public in and for the �- State of Washington, residing at ``\\`�p11111NI11fllpiZ11* / `�� FUMI II yq� C3r�. L ` P G OSARy':� � My Commission Commission Expires: • � G � DY N NT: PVg1.� ;? r � The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed t„-tl,n City Council of tl r'+tv of Kent,King County, Washington,on the _ clay of 20____ A j EXFIP.ES 3 of4 Sill of Sale ------------ ADDENDII&I TO BILL OF SALE CITY OF KEN'T � 1t The figures used on the I3ii1 of Sale for_ ►r i✓\1 project dated : were _ l based on the"As-Built" Engineering Plans dated for the same said hc..ry1 r )i v+c,h ���I 1 C�t) _�project. n n �� VYIGIa-vlv the undersigned P.E. or land surveyor` is the person responsible for the preparation of the Bill of Sale and is an employee of CZT� L✓�� .�� Li.c, ,the firm responsible r the pre ration of the "As-Built" Engineering Drawings. S Win: ur < 4 Bill of Sale Kent City Council Meeting Date September 18, 2007 Category Consent Calendar I SUBJECT: BILL OF SALE, LAKE MERIDIAN POINTE — ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Lake Meridian Pointe for 530 linear feet of streets, 2276 linear feet of storm sewer, 16 catch basins, 576 linear feet of swales and ditches, and 77,500 cubic feet of detention pond storage The project is located at SE 240`h Street 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget9 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. 6M s Bill of Sale Page 1 of 2. KENT WASH 1 N G T O N iMArL TO: ENGINEERING DEPART]VIENT ATTN: 220 4 AVENUE SOUT73 KENT,WASMNGTON 98032 PROJECT: o.l;a eri P i o.yt Pat e1}e. LOCATION: SE Aqc rj% 5 = TAX ACCT NO: z Z z Z. o Z BILL OF SALE Z 2 Z 2 0 S z q Z2zZ_ v S°l ��S CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this 5 day of SJv%R 20 07__,,by and between_ uliu-sfi Dr:va.lopa.le»f ZtiC hereinafter called" rantors",and City of Kent, a municipal corporation of King County,State of Washington,hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargaua,sell to Grantee the following described improvements: A. WATRRMAINS; together with a total of gate valves at$__ each, hydrants at S each and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including linear feet at$ per LF of (size& type) - waterline. B. S MTARY SEWERS: Together with a total of manholes at S each and/or any other appurtenances thereto. QN FROM TO (street,esmt,etc) Including linear feet at S , per LF of (size&type) sewer line. C. STR:RF.TS: Together with curbs,gutters, sidewalks;and/or any other appurtenances thereto. -•`ill of Sale Page 2 of 2 -7►SCQ CF of detention pond storage with a total cost of S 30 S 3 3.70 , and/or any other appurtenances thereto. ON FROM TO (street, esmt, etc) (oil 8-tt Including i I linear feet at 5�'46,'IS NS1.tr2- per LF of (r (size &type) sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this $ }� day of 7'uhQ 120 07 STATE OF WASHINGTON ) ) SS COUNTY OF KING )On this '-i day of J" tit ,20 before me, the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personally appeared ' to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me ,that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GWEN under my hand and official seal this day of ' 20 i / )) ���,^�NA•M•M4y��i, �,�Q�' Notary Public in and for the i •''j�� State of Washington, reOFT siding at 3#• S s MCA 9��,''', 1 My Commission Expires: KEN T WASHINGTON ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON n The figures used on the Bill of Sale for 1—ky-4C project dated P�Ted\lM o�/ �/07 , were based on the"As-Built"Engineering Plans datedJUIle 'zco� _, for the same said L.� ro�10I 'PoISFr-, project. GPI � . D16162�i��. the undersigned P.R. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of f Pc1F1c 1� �r� the firm responsi l;fo;preparation of the "As-Built" Engineering Drawings. I ` Sign re 1 1 i . Kent City Council Meeting Date September 18, 2007 Category Consent Calendar 1 I SUBJECT: BILL OF SALE, LOWE'S/MIDWAY RETAIL —ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Lowe's of Kent for 717 linear feet of streets, 696 linear feet of storm sewer and 5 catch basins. The project is located at the southeast corner of the intersection of 2401h and SR-99. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Ekaminer, Commission, etc ) 5. FISCAL IMPACT Expenditures N/A Revenue? N/A Currently in the Budget9 Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue. Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: i ACTION: • Council Agenda Item No 6N Bill of Sale Page 1 of 3 i s KENT" W A S H I N G T O N MAIL TO: ENGINEERING DEPARTMENT ATTN. Jim Osborne _ 220 4*r AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: Lowe's of Kent.WA iLOCATION: SEC of 240'h and SR-99 TAX ACCT NO: LL-2005-19 Recordine 420051214900003 BH L OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this day of 0<4)h c44' 20 0 __, by and between LOW CS Pk h)� I Al L - _, hereinafter called"Grantors", and City of Kent, a municipal corporation of King County✓, State of Washington, herinafter called"Grantee": 1 WTINESSETH: That the said Grantors for a valuable consideration, does hereby grant, bargain, sell to Grantee the following described improvements: A. WATF.RMAINS: together with a total of 0 gate valves at$0 each, 0 hydrants at S 0 each and/or any other appurtenances thereto. ON FROM TO (street, esmt,etc) Including 0 linear feet at$0 per LF of 0 (size& type) 0 waterline. jB. SANITARY SF.WRRS: Together with a total of 0 manholes at $0 each and/or any other appurtenances thereto. ON FROM TO (street, esmt, etc) Including 0 linear feet at S 0 per LF of 0 (size& type) 0 sewer line. C. t Together with curbs, gutters, sidewalks, and/or any other appurtenances thereto. Bill of Sale Page 2 of 3 pond storage with a total cost of S , and/or any other appurtenances thereto. ON FROM TO South 240`" Street Including 349 linear feet at S 23 per LF of 12" PVC sewer line. Including 299 linear feet at 25 per LF of 12"RCP. Including 49 linear feet at 40 per LF of 12" D.1 To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Sill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this IT_dayof 17c-h6-/12 12006 tv1i1<� SI��tr� L Y W 1C (Ze.+ f s r*TC . STATE OF WASHINGTON ) SS COUNTY OF HING ) ) On this day of_ 20 , before me, the undersigned A Notary Public in and for a State of Washington, duty commissioned and sworn, Personally appeared to me known to be the individual described in and who a cuted the foregoing instrument, and acknowledged to me that he/she signed and sealed t ' instrument as his/her free and voluntary act and deed for the uses and purposes there' mentioned. GIVEN under my hand and o cial seal this day of 20 Notary Public in and for the ' State of Washington, residing at My Commission Expires: STATE OF WASHINGTON ) )SS COUNTY OF KING ) ' Bill of Sale Page 3 of 3 Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington, residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 120 I f State of California County of San Diego r On October 18, 2006, before me, Christine Kawamoto, notary public, personally appeared Michael L. Skiles,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CRISM KAWAMOTO Signature Commiulon#1441250 0,,Not'�r PuCalifornia n Diego CountyComm.E>gtq SW23,M0T 1 r 1 i i 1 440 j KEN T WASHINGTON ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for project dated _ 3�p�� ��_, were based on the"As-Built" Engineering Plans dated n���6 for the same said rr project. the undersigned-P:X:5%rland surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of P 196 i_::� , the firm responsible for the preparation of the "As-Built" Engineering Drawings. Signature p�y� I Kent City Council Meeting Date September 18, 2007 Category Consent Calendar 1. SUBJECT: BILL OF SALE, SCENIC VISTA— ACCEPT 2 SUMMARY STATEMENT: Accept the Bill of Sale for Scenic Vista Senior Apartments for 57 linear feet of watermam, 8 gate valves, 2 hydrants, 46 linear feet of sanitary sewer, I manhole, 710 linear feet of streets. 320 linear feet of storm sewer, and 4 catch basins. The project is located at 26404-104`h Avenue SE. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure" N/A Revenue? N/A Currently in the Budget? Yes No If no. Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 60 I I I j KENT W A S H I N G T O N MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4T" AVENUF,SOUTH KENT,WASHINGTO`NJ98032 PROJECT: �CFtjte V1Si39 SE.Jfae k&(W6. 1'3 LOCATION:2-b4c4 lyttb Aue SE TAX ACCT NO: iBILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this 12�` day of pM1L 2007 , by and between Sc-cauG Vas + Ss•�,�F: ,a.'P/�rc_-.s,.C-,y-,-S C�t �-.- , hereinafter called"Grantors", and City of Kent, a municipal corporation of King County, State of Washington,hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration, does hereby grant, bargain,sell to Grantee the following described improvements: A. WATERMAINS: together with a total of gate valves at$ /t5 each, Z hydrants at$ S'O each and /or any other appurtenances thereto. /0*7/A✓E SF 2(�¢/r Sr. sr- 46,0 , 5 .4�11-) ON zlotrH si. Se FROM /041Ek AvC sE TO 3v5 ' E (street, esmt, etc) Including 57 linear feet at $ /007, 9v per LF of g A (size & type)LteTIL6 /2pr4 waterline. B. SANITARY-SEWERS: Together with a total of 1 manholes at each and/or any other appurtenances thereto. i 1 of 4 Bill of Sale /04;.. '4ve 5r 2Cafn( S SF_ qGo 5 .% D ON 2&47V sr SF FROM �ofrtf it�E se T� 3�5'N (street,esmt, etc) Including 41�' linear feet at$ 77 per LF of (size & type) P;16 sewer line. C. STREETS: Together with curbs, gutters,sidewalks, and I or any other appurtenances thereto. /041Z/ Ale 12 264ryf Sr. SE 4&0 S '\tJJ ON v64rPV s- SF FROM / ¢y," �- sr TO F (street, esmt, etc) Including '-7/0 centerline LF at S Ib2, g3 per LF of AGE �wioe✓Eo/ (type) streets, YAR+r-S Feet asphalt roadway. D. STORM SEWERS: Together with a total of manholes at$ — t each or a total of_catch basins at$ 95z� co each, — LF of biofiltration Swale or drainage ditch with a total cost of S — CF of detention pond storage with a total cost of$ and I or any other appurtenances thereto. iv¢>y 4 1/,1 S E zf,f nt 5 r SE S ,-Jo ON 7-(a4l/ Sr sr FROM 10fe7-I AJF TO (street,esmt, etc) Including 32-c� linear feet at$ 7,!?�b per LF of i2 (size & type) sewer line. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. 'The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this 1 Z"—`day of -A PP-4 L , 20 C)"7 2 of 4 Bill of Sale STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this Twd tX-{r— day of rVAc 1 , 20�_, before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and 1 sworn, Personally appeared lama 44�r=,4, s ZZa2 —jm to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ��- '� day of 20 a Notary Public in and for the State of Washington, residing at My Commission Expires: � O9 The Bill of Sale is given and accepted pursuant to a motion duly made,seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of ,20 1 i 1 3 of Bill of Sale i ADDENDUM TO BILL OF SALE ClCY OF"FNT The figures used on the Bill of Sale for &C dlC VI'57;q _.5WIOe 4/0447 wt5, 7S project dated 4/12,1c>-7 , were based on the "As-Built' Engineering Plans dated `halo,7 , for the same said SC&fI6 t"45r^ .S6-J1,� IS project. PE the undersigned P.E. is the person responsible for the preparation of the Bill of Sale and is an employee of G'L4' , the firm responsible for the preparation of the"As-Built' Engineering Drawings. Signata a 4 of 4 Bill of Sale R� Kent City Council Meeting 1 Date September 18, 2007 Category Other Business 1. SUBJECT: SAFE RENTALS HOUSING PROGRAM ORDINANCE — ADOPT 2. SUMMARY STATEMENT: After obtaining considerable input from various agencies that represent landlord interests, the Public Safety Committee recommended Council adopt this ordinance, which creates operational standards for multi-unit rental housing facilities to establish safe rental housing This ordinance creates a voluntary program of crime reducing measures that a rental property owner can take to receive a waiver of licensing fees and other benefits from the City It also requires that rental property owners take action to reduce the occurrence of crime by tenants or their guests occurring on their rental properties and imposes penalties for failing to do so Finally, the ordinance imposes additional business license fees for those properties where code violations have been found in the preceding year. 3. EXHIBITS: Memo from Arthur"Pat" Fitzpatrick, dated 9/18/2007 and Ordinance 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5 FISCAL IMPACT Expenditure" Unknown Revenue? Unknown Currently in the Budget? Yes No If no: Unbudgeted Expense Fund Amount S Unbudgeted Revenue: Fund Amount S 6. CITY COUNCIL --ACTION: I Councilmember 1 hVd moves, Councilmember M/U71 seconds to adopt Ordinance No."which establishes a voluntary program to encourage safe rental properties, and imposes penalties for landlords who permit criminal activity on rental properties or fail to maintain rental properties free of nuisances DISCUSSION: ACTION: - /Y Council Agenda Item No 7A LAW DEPARTMENT Tom Brubaker, City Attorney 1 Phone: 253-856-5770 I's K E N T Fax: 253-856-6770 W ASH IN G T ON Address: 220 Fourth Avenue S. ■ Kent, WA. 98032-5895 September 18, 2007 1 To: City Council From: Arthur "Pat" Fitzpatrick, Deputy City Attorney Cc: Suzette Cooke, Mayor t John Hodgson, Chief Administrative Officer Tom Brubaker, City Attorney Regarding: Safe Rental Housing Ordinance Over this past year, city staff and the Public Safety Committee have worked extensively to incorporate public comment into an ordinance which creates a new program aimed at providing safer rental housing environments for Kent citizens This proposed ordinance is presented to the city council tonight for its review and adoption. The proposed ordinance adopts operational standards for multi-unit rental housing facilities. It establishes a three-tiered license fee which is assessed based on the number of rental units within a rental facility The ordinance also creates a voluntary three-tiered program, known as STAR (Safe Tenants and Rentals program) The purpose of STAR is to encourage landlords to maintain their properties and operate their businesses in a manner which discourages criminal conduct, thus producing better quality housing and a safer environment for tenants There are three levels to the STAR program An example of one of the requirements of the STAR program is that the landlord use a crime free housing addendum which can be utilized to evict a tenant if he or she commits a crime on the property. The STAR program would also require landlords to participate in the Police Department's trespass program, to ensure the property complies with building and nuisance codes, and to attend Kent's Landlord Training program. In an effort to encourage landlords to take an active interest in their properties and to voluntarily participate in the STAR program, the ordinance includes incentives for such participation. Should a rental facility participate, its annual business license fee, ranging from $100 to $300 per year, is waived. In addition, rental properties participating in the STAR program will receive signs stating their participation level, and will be listed on the Kent Police department's website. The ordinance also requires landlords to take responsibility to prevent the recurrence of criminal conduct on their properties In the event a tenant and/or the guests of the tenant commit three or more crimes on the property, the landlord will be assessed a civil infraction that will be filed with the Kent Municipal Court. However, if the landlord has taken steps to I prevent the crime from occurring, the infraction will not be issued. The infraction penalties range from $250 for STAR Level A participants, to $1,000 for landlords who do not participate in the STAR program Memorandum: September 18, 2007 Page- 2 In addition, should the landlord fail to maintain its property in accordance with the Kent City Code and allows code enforcement violations to exist, an additional business license fee of $1,000 is assessed against the rental property at the time it seeks to renew its annual business license. However, this additional penalty will not be assessed if the hearing examiner has determined the violations did not occur or the rental facility voluntarily corrected the violations before the code enforcement hearing was held. This ordinance has been before the Public Safety Committee on at least six different occasions, and was presented at the Council Workshop on September 4, 2007 During this process, staff sought the input from, and accommodated the interests of numerous parties, including the Kent Chamber of Commerce, the Rental Housing Association, the Manufactured Housing Communities of Washington, the Olympic Rental Association, and various rental property owners. Included below is a short comparison of some of the less comprehensive ordinances of surrounding jurisdictions. These programs vary from city to city, and only the highlights are set forth below. Summary of Neighboring Agency Ordinances for Comparison ♦ Des Moines: Ordinance requires a $111.46 fee per unit in addition to its business license fee of $150 Also requires the property owner to pay to the city $50 for each police call out to the property. The safety program consists of three phases- (1) a workshop on crime free housing offered by the police department; (2) a "Crime Prevention through Environmental Design" walkthrough of property with police department; and (3) a Safety meeting with tenants and police department. ♦ Burien: In the event the property owner attends a "crime free multi housing seminar," the property owner receives a $25 reduction in the business license fee. , The general business license fee is $100 - $200 for the entire property, depending on the number of units on the property. ♦ Auburn: This ordinance creates a mayor's advisory board on an 'gas needed basis" to address safety concerns. The general business license fee is $50 - $200 for the entire property, depending on the number of units on the property ♦ Olympia: This ordinance charges a $15 per unit fee. However, there is no program designed to address criminal conduct at apartments. ♦ Federal Way: No ordinance/program. ♦ Renton: No ordinance/program. ♦ Puyallup: No ordinance/program. P\Civil MOWnYBlue5lieet5\Ren[alHo ing CO (Memo dO r r r ORDINANCE NO. r AN ORDINANCE of the city council of the city of Kent, Washington, amending the Kent City Code to add a new chapter 5 14, entitled "Rental Housing Safety " r RECITALS rA. A significant number of multi-unit rental housing properties exist within the city of Kent. For the most part, multi-unit rental property owners and managers are responsible and create a safe housing option for renters within the city. However, there are some multi-unit rental housing property owners who fail to maintain their properties and thereby cause a deterioration in the quality of life for their renters, and these properties have a detrimental effect on the value of adjoining properties. Moreover, some multi-unit rental housing property owners fail to screen prospective tenants and fail to take action to remove tenants who utilize the property for unlawful activity. This creates an unsafe environment for renters and those residing or conducting business on nearby property. ' B. City codes have proven ineffective in encouraging multi-unit rental housing property owners who maintain unsafe properties, or properties which are rdetrimental to the surrounding community, to clean up the properties or take measures to exclude criminals from the properties. C. The Public Safety Committee considered the adoption of an ordinance to address problems with multi-unit rental housing at its meetings of February 13, March 13, May 8, June 12, July 10, and September 11, 2007. The Committee accepted comment from the Kent Chamber of Commerce, the Rental Housing Association, the Olympic Rental Association, and rental property owners. ' 1 Rental Housing Safety- Creation of STAR Program 1 City staff also spoke and met with staff members, attorneys, and lobbyists who represent the Rental Housing Association and the Manufactured Housing Communities of Washington. The ordinance set forth below was altered over the 1 course of a number of months as a result of input received from these interested parties. , D. The city council has developed this ordinance to give the police department and code enforcement staff the tools necessary to encourage multi- unit rental housing property owners to maintain and improve the safety, quality, and appearance of the rental properties they own, and therefore, provide a safer living environment for renters. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE , SECTION 1. - Amendment. The Kent City Code is amended to add a new chapter 5.14, entitled "Rental Housing Safety," as follows: Chapter 5.14 Rental Housing Safety Sec. 5.14.010. Findings. Council declares that the citizens of the city of Kent have a right to safe rental housing and that the city should assist rental property owners and managers in order to reduce the occurrence of criminal conduct on rental properties The council finds that it is a reasonable exercise of its police powers to require rental property owners to take reasonable steps to prevent the use of rental property for criminal purposes, and that rental property owners should be penalized in the event they take no action to discourage crime from reoccurring on their rental properties. The council further finds that a program that provides incentives to property owners who take proactive steps to , prevent criminal conduct on rental property will serve the public health, safety, and welfare. ' 2 Rental Housing Safety- Creation of STAR Program 1 Sec. 5.14.020. Definitions. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings. A. The term "code enforcement officer" shall have the same meaning as ' provided in chapter 1 04 of the Kent City Code. ' B. The term "criminal conduct" shall mean any criminal act that is defined by the city of Kent, the state of Washington, or the United States as a misdemeanor, gross misdemeanor, felony, or a crime, or is otherwise punishable by a sentence in a correctional facility, jail, or prison, that substantially affects the health and safety of the tenant or other tenants. Gang or gang related activity, as those terms are defined by RCW 59.18 030, shall also be considered criminal conduct. The term shall also include drug related activity, the seizure of illegal drugs, and the requirement that a tenant register as a sex offender. C. The term "dwelling unit" shall mean a unit within rental property further defined as: I 1. A structure or that part of a structure which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, including but not limited to units of rental property, mobile homes as that term is defined in RCW 59.20.030, and manufactured homes as that term is defined in RCW 59 20 030; 1 2. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, Icooking, and sanitation; or 3. One (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure or on the same property, and containing independent cooking and sleeping facilities ' 3 Rental Housing Safety- Creation of STAR Program 1 D. The term "landlord" shall mean the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part and any person designated as a representative of the landlord; any person or business entity such as a corporation, limited liability corporation, partnership, or agency that owns, operates, or manages rental housing or rental property; and in addition means any person designated by the landlord who has authority to sign a lease or rental agreement ' E. The term "police officer" shall mean any general authority, limited authority, or specially commissioned Washington peace officer, or any federal peace officer, as those terms are defined by Ch. 10.93 RCW, as now enacted or ' hereafter amended. F. The phrase "reasonable steps to reduce the likelihood that criminal conduct will reoccur on the property" requires the landlord to report criminal conduct that occurs on the property whenever the commission of criminal conduct on the rental property is suspected, and further requires the landlord to take other steps to prevent the recurrence of crime, which may include, but are not limited to one of the following: 1. The landlord and on-site managers of the rental property attend and complete the city's landlord training program or an equivalent training program approved by the city within ninety (90) days from the date the notice pursuant to KCC 5 14 080(B) is issued; or 2. The landlord pursues eviction to judgment of the tenant who is the subject of a notice issued pursuant to KCC 5 14 080(B), and begins the eviction process within thirty (30) from the date such notice is issued; or 3. In the event the landlord has not previously utilized a crime free housing addendum, the landlord utilizes a crime free housing addendum for the tenant who is the subject of a notice issued pursuant to KCC 5 14 080(B) within sixty (60) days from the date the notice pursuant to KCC 5 14 080(B) is issued; or 4. In the event the rental property, through its landlord, is not a participant in the STAR program, the rental property participates in the STAR 4 Rental Housing Safety- Creation of STAR Program program within ninety (90) days from the date the notice is issued pursuant to 1 KCC 5.14.080(B). 5. The landlord requests the city's assistance pursuant to KCC 5.14.140. G. The term "rental agreement" or "lease" shall have the same meaning as the term "rental agreement" defined in RCW 59 18.030, as now enacted or hereafter amended or recodified. H. The terms "rental housing" or "rental property" shall mean a rental housing facility of two or more dwelling units that are rented or intended to be rented, are located on a single parcel or lot, and for which a postal address exists or may exist for each individual unit, and the common areas and appurtenances to the rental housing facility; provided, these terms shall also include any mobile home park or manufactured housing community as those terms are defined by IRCW 59.20 030 as now enacted or hereafter amended The terms shall not include the following: 1. a condominium complex; 2. a retail, commercial, or industrial rental; 3. a properly registered and licensed nursing home; or 4. a properly registered and licensed assisted living facility. I. The term "STAR" shall mean the Safe Tenants and Rentals program as established in KCC 5.14.110. I The term "tenant" shall have the same meaning as the term "tenant" set forth in RCW 59.18.030 and RCW 59.20.030, as those sections are now enacted or hereafter amended or recodified. K. The term "third party background check" shall mean a check of a person's criminal conviction records that is conducted by the Washington State Patrol or another lawfully licensed agency or entity in the business of conducting checks of a person's criminal conviction records, and which produces for the requesting party a report of the person's criminal conviction records. The third party 5 Rental Housing Safety- Creation of STAR Program background check shall report convictions for state charges from any of the states in the United States and convictions for federal offenses. Sec. 5.14.030. Business license required - Penalty. A. License required. As a condition of operation, each and every rental property within the city limits shall obtain and maintain a business license as required by this chapter. The issuance of a license shall be considered a privilege and not an absolute right of the landlord, and the possession of such license shall not entitle the landlord to an automatic renewal of a business license. There shall be assessed a penalty of $100 per day for each day that a rental property operates without a valid and current business license for the first ten days of noncompliance with this section, and up to $400 per day for each day in excess of ten days of noncompliance with this section. Sec. 5.14.040. Business license period — Fee — Conditions of issuance. A. Business license period. The business licensing period shall run from January 1 through December 31 of each year B. Fees. Any application for a license required by this chapter shall be accompanied by a fee as set forth in this section and KCC 5.14.060, if applicable. Business licensing fees shall be due prior to the beginning of the business license period However, in the event a rental property is first constructed or commences business after January 1, the fee shall be due at the time the certificate of occupancy is issued, or if a certificate of occupancy is not required, the fee shall be due on the date construction is completed, and shall be prorated for that period of time in which a certificate of occupancy did not exist or construction was not completed. The business license fee due for each rental property for the business license period shall be as follows- 1. A rental property containing two (2) to ten (10) units - $100 2. A rental property containing eleven (11) to fifty (50) units - $200 3. A rental property containing more than fifty (50) units - $300 i 6 Rental Housing Safety- Creation of STAR Program r Sec. 5.14.050. Business license — Application — Process. A. Application form. The request for a license required by this chapter shall be submitted on an application form provided by the city. A new application form shall be submitted for an initial license and for any license renewal. In the event any information required on the application form changes, the applicant shall update the application form by submitting a new form to the city of Kent within ten (10) days of the change. I Sec. 5.14.060. Business license fee — Increase for code violations. A. Rental property shall be maintained in accordance with applicable building codes pursuant to chapter 14 01 KCC, and shall be free of nuisances, graffiti, litter, rodents, weeds, and junk vehicles in conformance with chapters 8.01, 8.04, 8.06, 8.07 and 8.08 KCC as now enacted or hereafter amended The rental property shall be maintained in accordance with all other codes applicable to rental property. B. If, at the time a landlord applies for a business license renewal, it is determined that a notice of violation pursuant to chapter 1.04 KCC was issued relating to the condition of the rental property, and the notice of violation was 1 issued within the calendar year preceding the year for which the new license is required, the rental property shall be assessed an additional business license fee of $1000, which shall be added to the fee required by KCC 5.14 040; provided, this additional fee shall not be assessed in the event that, prior to the date of application for the business license, a hearing examiner or a court with ]urisdiction has determined that the violation was not committed; and provided further, that the additional fee shall not be required in the event the code violation was voluntarily corrected pursuant to KCC 1 04 080(B), as that section is now enacted or hereafter amended or recodified. ' C. The additional fee established in subsection (B) of this section shall also apply to the issuance of a new license if there is good cause to believe that the landlord who owned the property transferred to property to a new landlord in order to avoid the provisions of subsection B of this section. 7 Rental Housing Safety- Creation of STAR Program Sec. 5.14.070. Denial or revocation of business license - Appeal. A. Denial or revocation of license. A license issued under this chapter may be denied or revoked for the following reasons• 1. It is determined that the applicant failed to provide information required on the license application, or provided false or misleading information 2. The rental property is subject to an order of abatement for a code violation pursuant to chapter 1.04 KCC or violation of the Revised Code of Washington, and such order of abatement was issued by the city's hearing examiner or a court with jurisdiction. ' B. Process - Appeal. The denial or revocation of a business license required , by this chapter shall comply with the business license revocation procedures set forth in Ch. 5.01 KCC. The denial or revocation of a business license required by this chapter may be appealed in conformance with the requirements of Ch. 5.01 KCC. Sec. 5.14.080. Tenant violations - Criminal conduct on property — Notification to property owner — Property owner responsibilities — Civil infraction. A. Landlord responsible. It shall be the responsibility of the landlord to take precautionary measures to reduce the likelihood that its rental property will be used for criminal conduct. In the event a landlord is notified that criminal conduct has occurred on the property, the landlord shall take reasonable steps to reduce the likelihood that criminal conduct will reoccur on the property. Repeated criminal conduct committed by tenants or guests shall result in a civil infraction chargeable to the landlord. B. Notice of criminal conduct. Upon the occurrence of criminal conduct on the 1 rental property, the police department may cause notice to be sent to the landlord setting forth the date of the occurrence, the location of the occurrence, the nature of the occurrence, and the name of the person who engaged in the occurrence. Notice may be sent whenever the police department has reasonable grounds to believe that criminal conduct has occurred on the rental property. Notice shall be deemed properly delivered when it is either served upon the landlord or a 8 Rental Housing Safety- Creation of STAR Program ' ` property manager of the rental property, or is delivered by first class mail, postage prepaid, or by certified mail, to the last know address of the landlord or tbusiness license applicant as listed in the most recent business license application on file with the city The issuance of the notice set forth in this subsection shall be a prerequisite to the issuance of a notice of infraction under subsection C of this section; provided, the issuance of the civil infraction under subsection C of this section shall constitute the notice of the third instance of criminal conduct. ' C. Civil infraction. Three (3) instances of criminal conduct committed in the same unit or anywhere on the rental property by the same tenant or any guest of ' the tenant within any twelve (12) month period shall be deemed a civil infraction chargeable to the landlord; provided, that when the conduct is committed by guests of the tenant, the city need not establish that the criminal conduct was Icommitted by the same guest. Each instance of criminal conduct committed in the same unit or anywhere on the rental property by the same tenant or any guest of the tenant in excess of three (3) instances of criminal conduct in a twelve (12) month period shall be considered an additional infraction chargeable to the landlord. D. Penalties. The following penalties shall apply: 1. Three (3) instances of criminal conduct committed in the same unit or anywhere on the rental property by the same tenant or any guest of the tenant. STAR Participant Level A $250 STAR Participant Level B $500 STAR Participant Level C $750 Non - STAR Participant $1000 2. For every instance of criminal conduct committed in the same unit or anywhere on the rental property by the same tenant or any guest of the tenant in excess of three (3) instances of criminal conduct within the same twelve (12) 1 month period: STAR Participant Level A $500 STAR Participant Level B $750 STAR Participant Level C $1000 9 Rental Housing Safety- Creation of STAR Program Non - STAR Participant $1250 ' Sec. 5.14.090. Civil infractions — Kent Municipal Court. A. lurlsdIctlon. Pursuant to chapter 3 50 RCW, as now enacted or hereafter amended or recodified, the Kent Municipal Court shall have jurisdiction to hear ' violations of KCC 5.14.080. B. Filing. A civil infraction may be filed when there is reasonable grounds to believe that a violation of KCC 5.14.080 has occurred. C. Rules of procedure Except as set forth in this chapter and except as other rules apply, the Infraction Rules for Courts of Limited Jurisdiction (IRU) and all , local rules and policies as promulgated by the Kent Municipal Court shall govern infraction proceedings and appeals of infractions filed pursuant to a violation of KCC 5.14 080. D. Burden of proof. The city shall have the burden of establishing an instance of criminal conduct by a preponderance of the evidence. The entry of a certified order of judgment and sentence, or other certified court document that establishes a conviction or the entry of a deferred prosecution or sentence, or any certified document maintained by the court that contains an entry of a finding of t guilt, an admission to the commission of the criminal conduct, and admission to the facts that would establish the commission of the criminal conduct, or an , acknowledgement that there are sufficient facts to prove the instance of criminal conduct, shall be sufficient proof of the occurrence of the criminal conduct; provided, that an absence of such court documents) shall not prohibit the city from establishing that an instance of criminal conduct occurred. Police reports ' and other documentary evidence shall be admissible as evidence of criminal conduct, provided that such reports are certified pursuant to RCW 9A.72.085. E. Costs and assessments. Any costs and assessments as required or permitted by law shall be in addition to any fine or fees owing pursuant to this ' chapter. 10 Rental Housing Safety- Creation of STAR Program ' Sec. 5.14.100. Civil infractions — Reasonable steps to reduce the ' likelihood that criminal conduct will reoccur on the property - Defense. A. It shall be a defense to an infraction filed pursuant to KCC 5.14 080 that, subsequent to an act of criminal conduct, but prior to the issuance of a civil infraction, the landlord took reasonable steps to reduce the likelihood that criminal conduct will reoccur on the property, provided, this defense shall be available on one occasion and shall not be available for repeat violations of KCC 5.14.080. ' Sec. 5.14.110. Safe Tenants and Rentals program — Establishment ' — Purpose. The city hereby establishes the Safe Tenants and Rentals program, hereinafter "STAR." The purpose of STAR is to encourage landlords to establish the foundation for the provision of safe rental properties to tenants, to avoid the rental of units to those who engage in criminal conduct, to improve the quality of available rental housing in the city, and to protect the public health, safety, and welfare. ' Sec. 5.14.120. Safe Tenants and Rentals program — Requirements. A. The STAR program shall be voluntary, and no business license shall be conditioned upon a rental property's status as a STAR participant. ' B. The STAR program shall have three levels of participation as follows: 1. STAR Level C. In order to achieve STAR level C status, the participant shall: a. Utilize a crime free housing addendum for the lease of each unit of the rental property as set forth in KCC 5.14.150, which makes criminal conduct on the property a material breach of a covenant of the lease or rental agreement, and enforce the terms of the crime free housing addendum. b. As a condition of any rental agreement, reserve the right to expel any person not specified on the rental agreement from the rental property. ' C. Prohibit the employment of any manager or other on-site employee who has been convicted, within the past ten (10) years, of a felony criminal offense under the laws of the state of Washington or the equivalent laws 1 of another state or the federal government. 11 Rental Housing Safety- Creation of STAR Program 1 d. Perform a third party background check of any person who will be employed by the property owner or landlord and who will work on the premises, and provide details of the third party background check procedures to the Kent Police Department e. Perform a third party background check of any tenants, and ' provide details of the third party background check procedures to the Kent Police Department. , f. Maintain the property in accordance with applicable building codes pursuant to KCC 14.01, and free of nuisances, graffiti, litter, rodents, ' weeds, and junk vehicles in conformance with Chapters 8 01, 8 04, 8 06, 8 07 and 8.08 KCC as now enacted or hereafter amended ' 2. STAR Level B: In order to achieve STAR level B status, the participant shall: a. Meet all of the requirements of Star level C status. i b. Enter and participate in the Kent Police Department's Trespass Authorization Program. , C. The landlord and other employees of the landlord who work either on the property for more than twenty (20) hours per week shall attend the , City of Kent's Landlord Training Program 3. STAR Level A: In order to achieve STAR level A status, the ' participant shall: a. Meet all of the requirements of Star levels C and B. b. The property owner shall obtain from the Kent Police Department a security survey to assess the rental property's compliance with standards relating to Crime Prevention Through Environmental Design. ' C. The property shall comply with RCW 59.18.060 relating to the Residential Landlord-Tenant Act, or RCW 59.20.130 relating to the Manufactured/Mobile Home Landlord Tenant Act, as those sections are now enacted or hereafter amended or recodified. ' Section 5.14.130 Safe Tenants and Rentals program — Benefits. ' STAR certified properties will be provided with the following benefits: 1. Advertisement of STAR status on the City's website. 12 Rental Housing Safety- Creation of STAR Program ' 2. A plaque and or other sign(s) to display on the rental property that displays the property's STAR status. 3. The authority of the rental property to utilize its STAR status in any advertising. ' 4. All business license fees as required by this chapter shall be waived. ' Sec. 5.14.140. City assistance to landlords. A. When criminal conduct occurs on rental property, or the occurrence of criminal conduct on the rental property is suspected by the landlord, the landlord may request the assistance of the city in taking steps to reduce the likelihood that criminal conduct will reoccur on the property. The city shall assist landlords when such a request is made, and such assistance may include, but not be limited to the following: 1. Providing the landlord with disclosable information relating to the criminal conduct which has occurred on the property. ' 2. Having a police officer communicate with the tenant suspected of engaging in the criminal conduct regarding the ramifications of continued criminal conduct. 3. Providing advice to the landlord regarding methods of preventing 1 the reoccurrence of criminal conduct. 4. Providing the landlord with resources available to assist the landlord in pursuing eviction of the tenant. B. A request for the assistance of the city pursuant to this section shall be considered a "reasonable step to reduce the likelihood that criminal conduct will reoccur on the property" under KCC 5.14.020(F)(5); provided, the following shall apply: 1. The landlord shall cooperate with the city's assistance and take reasonable measures to implement the suggested methods of the city to reduce the reoccurrence of criminal conduct on the property. 2 A request for assistance shall in no way relieve the landlord of the duty to comply with any section of this chapter. 13 Rental Housing Safety- Creation of STAR Program Sec. S.14.1S0. Rental agreement — Crime free housing addendum. ' In order to obtain STAR level status, the landlord shall, as a condition of any rental agreement, require the tenant to sign a crime free housing addendum, which shall make it a material term and covenant of the lease or rental agreement that the tenant will not engage in criminal conduct on the property The crime free housing addendum shall become a material part of the rental agreement. In the event the crime free housing addendum is violated by the tenant, the landlord ' shall take all lawful action to evict the tenant from the rental housing. The crime free rental housing addendum shall be in substantially the following form: ' Crime Free Housing Addendum In consideration of the original execution or continuation of the lease or rental ' agreement relating to the below signed Tenant's lease or rental of the unit, the Tenant hereby agrees to the following material terms, conditions, and covenants, 1. A Tenant, any member of the Tenant's household, or a guest or other person affiliated with the Tenant shall not engage in criminal conduct on the property, including any unit rented or leased or the common areas of the property. Criminal conduct shall be defined as any act that is defined by the city of Kent, the state of Washington, or the United States as a misdemeanor, gross misdemeanor, felony, or a crime. Gang or gang related activity, as those terms ' are defined by RCW 59 18 030, shall also be considered criminal conduct. 2 The Landlord or property owner, or his or her designee, shall have ' the right and authority to bar or prohibit any person not specified on the rental agreement from the property, including from the unit, for good cause. Good cause shall include conduct that is, at the sole discretion of the Landlord or his or ' her designee, criminal conduct, disruptive to tenants of the property or neighboring properties, or destructive to the rental property or neighboring properties. 3. When a person has been barred or prohibited from the property by , the Landlord or his or her designee, any attempt by the Tenant to license, allow, invite, fail to exclude, or otherwise permit the person to enter any portion of the , property, including the unit rented by the Tenant or the common areas of the property, shall be considered a material violation and breach of the rental agreement or lease, and shall be grounds for termination of the rental agreement , or lease. 4. The Tenant shall comply with the terms and conditions of RCW 59.18.130 (residential tenants) or RCW 59.20.080 (manufactured/mobile home ' tenants), which is incorporated herein by this reference. 14 Rental Housing Safety- Creation of STAR Program 5. The Tenant shall not park any inoperable vehicle on the rental property and agrees that the Landlord or his or her designee shall have the right ' to remove the inoperable vehicle from the property at the Tenant's expense. ANY VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE RENTAL AGREEMENT OR LEASE AND SHALL BE GOOD CAUSE FOR THE TERMINATION OF THE TENANT'S RESIDENCY AND SHALL RESULT IN EVICTION; PROVIDED, IF EVICTION WOULD, UNDER NORMAL CIRCUMSTANCES, BE APPROPRIATE AS A RESULT OF CRIMINAL CONDUCT BEING COMMITTED ON THE PROPERTY, THEN, THE TENANT MAY NOT BE EVICTED IF THE TENANT WAS A VICTIM OR DEPENDENT OF THE VICTIM OF THE CRIMINAL CONDUCT WHICH ' OCCURRED ON THE RENTAL PROPERTY, AND PROVIDED FURTHER THAT THIS ADDENDUM SHALL NOT BE INTERPRETED OR APPLIED CONTRARY TO THE RIGHTS PROVIDED IN RCW 59.18.580. By signing below, Tenant agrees that this addendum is a reasonable obligation or restriction pursuant to RCW 59.18.140, and that Tenant has a duty to comply with its terms. In case of conflict between the provisions of this addendum and any other provisions of the rental agreement or lease, the provisions of this addendum shall govern. This addendum is hereby incorporated into the rental agreement or lease ' executed or renewed either this day or on a prior occasion between the Landlord and Tenant. Landlord Tenant Date: Date: Sec. 5.14.160. Other remedies not waived. The city may use any means available at law or equity to enforce any provision of this chapter, and ' may, in addition to any other available remedy, seek injunctive relief, declaratory relief, execution of any judgment, or abatement. The City may, at its discretion, ' refer any fines owing to a collection agency for collection. Nothing in this chapter shall be interpreted to prohibit the city from enforcing any applicable regulation, ' ordinance or statute applicable to rental property or landlords. SECTION 2. - Severability. If any one or more section, subsections, or tsentences 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. 15 Rental Housing Safety- Creation of STAR Program 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 , APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 1 PASSED: day of 2007. APPROVED: day of 2007. PUBLISHED. day of 2007. 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 P\CIVtl\Ordfinance\RentaJHousingOrdinance-final doc ' 16 Rental Housing Safety- Creation of STAR Program 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 COMMITT F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS H ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES 1 1 KENT WASHINGTON OPERATIONS COMMITTEE MINUTES AUGUST 21, 2007 Committee Members Present: Deborah Ranniger, Debbie Raplee, and Tim Clark, Chair The meeting was called to order by Tim Clark, Chair at 4:04p.m. 1. APPROVAL OF MINUTES DATED AUGUST 7, 2007 Debbie Raplee moved to approve the minutes of the August 7, 2007, Operation Committee meeting. Deborah Ranniger seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED AUGUST 15, 2007 Finance Director Bob Nachlinger presented the vouchers for August 15, 2007, for approval. Deborah Ranniger moved to approve the vouchers dated August 15, 2007. Debbie Raplee seconded the motion, which passed 3-0. 1 3. MIDYEAR BUDGET ADJUSTMENT ORDINANCE Finance Director Bob Nachlinger presented the Mid-Year Budget Adjustment Ordinance. Mr. Nachlinger advised that this item is seeking authorization to approve the technical gross budget adjustment ordinance totaling $5,950,087 for budget adjustments made between January 1, ' 2007, and July 31, 2007 The net amount, excluding transfers and internal service charges is $3,620,345. Mr. Nachlinger further advised that $5,469,196 was previously approved by Council. These charges were primarily for capital projects and the net amount of $480,891 not yet approved by Council is for the allocation of dedicated revenues and authorizing expenditures and a new 1.0 authorized position for Fire for a permanent full-time Battalion Chief in Fire Prevention. Questions were raised by the Committee and Mr. Nachlinger addressed those questions. Debbie Raplee moved to recommend Council approve the Consolidated Budget Adjustment Ordinance for adjustments made between January 1, 2007, and July 31, 2007, totaling $5,950,087. Deborah Ranniger seconded the motion, which passed 3- ' 0. 2 Operations Committee Minutes August 21, 2007 Page- 2 4. ORACLE LICENSING FOR PERMITTING AND POLICE RECORDS SYSTEMS Information Technology Director Mike Carrington and Systems Manager John Humprheys presented the Oracle Licensing for Permitting and Police Records Systems Mr Carrington and Mr Humphreys advised that the City has Permit Management (KIVA) and Police Records (Tiburon) systems that both run on Oracle databases At the time of the purchase of those software products a certain type of licensing (referred to as Universal Processing Unit or UPU) was purchased for the Oracle database licensing. We were recently informed by Oracle that we must now purchase updated Oracle database licensing in the amount of $100,793 35 to remain in compliance with the current Oracle licensing model (referred to as Per Processor). The City is at the beginning stages of upgrading the JD Edwards system to the latest version in order to maintain support for that system. JD Edwards was purchased by PeopleSoft, and PeopleSoft was subsequently purchased by Oracle (so JD Edwards is now an Oracle-owned system) During the licensing review by Oracle (as part of the ]D Edwards upgrade) it was determined that we are currently licensed under the Universal Processing Unit (UPU) license for KIVA (our Permit Management System) and Tiburon (our Police Records System) and UPU licensing is no longer sold or supported by Oracle Our Oracle partner representative (Mythics) provided us with a discounted quote to purchase Oracle database licensing that is compliant with Oracle's current licensing model (Per Processor Licensing). Questions were raised by the Committee and Mr Humhreys addressed those questions Deborah Ranniger moved to recommend that the Council authorize the Mayor to sign a purchase order for Oracle database licensing for Permit Management and Police Records Systems not to exceed $101,000. Debbie Raplee seconded the motion, which passed 3-0. The meeting was adjourned at 4:20 p m , i C- �- Renee Cameron Operations Committee Secretary 1 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES ' JULY 9, 2007 Committee Members: Chair Ron Harmon, Tim Clark, Elizabeth Albertson. Chair Harmon called the meeting to order at 5:00 p.m. Aoaroval of Minutes: I Clark MOVED and Albertson SECONDED a MOTION to APPROVE the minutes of June 11, 2007. Motion PASSED 3-0. Vision 2040 — Puget Sound Regional Council f PSRQ Guest speaker Mr. Ivan Miller (Principal Planner of the Puget Sound Regional Council) explained through a slide presentation the status of PSRC's development Vision 2040. Miller addressed the Committee's questions with respect to PSRC's role in conjunction with the Growth Management Act (GMA). He stated that the GMA monitors infrastructure, sprawl, resource land protection, and historical preservation. Miller stated that PSRC is a metropolitan and regional transportation planning organization. As a Regional Transportation Planning Organization (RTPO) the PSRC is responsible for review and certification of local plans. Miller stated that PSRC serves as the region's economic development district. Under the GMA the Region is required to adopt a regional framework within which countywide planning policies and local plans are adopted. Miller stated that the Vision 2040 document includes: 1) Environmental framework, 2) Regional Growth Strategy, 3) Multifamily Planning Policies. and 4) Actions and Measures. This is looked 1 at as the long range plan for the four (4) county regions of King, Kitsap, Pierce and Snohomish counties. Miller described how the Regional Council General Assembly is structured. He explained what data have been incorporated in the Vision 2040 document from the Vision 1995 document. He stated that the need to accommodate the anticipated 1.7 million more people and 1.2 million more jobs by the year 2040 drives the update of the Vision. Miller spoke about how to accommodate growth while protecting the environment, creating economic prosperity, and maintaining the community's overall quality of life. He stated that a Supplemental Draft EIS along with a DRAFT Vision document is scheduled for release on July 16`h, launching a public comment period to run through September 71h. Miller stated that all comments will be considered in the preparation of the final documents, which will be considered for adoption by the General Assembly in April 2008. Miller stated that PSRC will focus their attention on protecting the manufacturing and urban growth regional centers, as they are areas of intensive activity. Miller stated that Vision 2040 will create the framework to incorporate more environmental policies. Miller addressed concerns raised by the Committee regarding global warming. Miller spoke about the factors PSRC will consider when they update their Transportation Plan, with climate change being a primary focus. Miller spoke about growth targets and trends and what defines an area as a core center versus a metropolitan center. Miller stated that Multi-County Planning Policies are similar to Countywide Planning Policies in that they focus on goals, policies and action measures. The Vision 2040 document includes more policies than the 1995 document and those policies deal with one topic each, whereas in the 1995 document each policy dealt with multiple topics. ' PEDC Minutes July 9, 2007 Page 1 of 5 Miller stated that the Vision 2040 plan concentrates on growth in the Urban Growth Areas (UGA), focuses on cities and centers, the regional open space plan, strengthens the land use and transportation link; and promotes social equity, which were also included in the 95 addition. Miller stated that the Vision 2040 plan will incorporate a new section on environmental policies dealing with habitat, air and water quality, including the addition of a regional housing strategy , to strengthen our economic policies. Miller stated that the value to local governments is the regional context for local decision making. Jurisdictions work together to bend growth trends and match how growth is accommodated with infrastructure and economic development; and to address issues that are difficult to resolve for individual jurisdictions. Miller stated that upon closure of the public comment period PSRC will work with the Growth ' Management Policy Board to review and analyze those comments and prepare the final documents. The process will include additional meetings and hearings this winter with a recommendation to the PSRC's Executive Board for general assembly action on May 4`h, 2008. 2007 Buildable Lands Evaluation Suburban Cities Association (SCA) staff Michael Hubner stated that the Buildable Lands Report is reviewed every five years. He stated that the SCA works with policymakers at the countywide level as well as major stakeholders, realtors, homebuilders and environmental groups. Hubner described the Buildable Lands Report from a countywide perspective, and focused on findings specific to Kent. Hubner stated that this evaluation is a snapshot on how Kent and the County as a whole are doing in accommodating growth. Hubner stated that buildable lands are a Growth Management Act (GMA) requirement, wherein a 1997 GMA amendment required several counties including King County to establish review and evaluation programs. The GMA requires annual collection of data pertaining to development activity which is reviewed over a five year period. Within that time-frame, development trends are analyzed, land supply is evaluated, and new capacity is developed. At the completion of the five year period, a Buildable Lands Report (BLR) is sent to the State. Hubner stated that the first report was completed in 2002, with the next report due for submittal to the State by September 1, 2007. He stated that the BLR is a technical document where the findings may trigger a policy response to the GMA. Hubner stated that this report acts as a midcourse check on how well the City's plans and other plans are performing in achieving their growth goals. He stated that under the Countywide Planning Policies (CPP), the City of Kent is considered both an urban and regional manufacturing center. , Hubner stated that the BLR has involved a considerable amount of cooperation between the cities and county with Suburban Cities playing a key role in fostering the kind of in-depth and technical coordination needed to ensure accurate and consistent comparable findings countywide. Hubner presented a schematic overview of the technical elements of buildable lands, speaking ' about net density and gross density issues. He stated that the buildable lands evaluation is part of a Geographic Information Systems (GIS) based analysis that identifies vacant and redevelopable parcels, critical areas, future land needs for rights-of-way and public facilities, market availability, provides net acres or square feet of potentially developable available land. Hubner stated that those acres are converted to units of development capacity, housing units, or for employment job capacities, based primarily on densities observed during the most recent five year period He stated that this study is similar to the types of capacity analyses planning studies that the City and County have undertaken in the past, but with a strong element of reality checking here with respect to looking at recent trends and analysis assumptions. PEDC-Minutes ' July 9, 2007 Page 2 of 5 3 Hubner stated that growth targets established under the CPP are being updated. He stated that SCA is looking at supply in terms of how many housing units and jobs Kent or the County can accommodate, which should be sufficient to accommodate the growth we are anticipating with the targets. He stated that if capacity is not sufficient to accommodate households and jobs for the remainder of this planning period, than what the statute referred to as "reasonable measures" must be adopted. Hubner stated that several major findings at the countywide level included: 1) housing growth 1 rates are ahead of the targets for the 2001 - 2022 planning period. 2) Densities were higher for single family and multifamily development permitted in the last five years compared with densities observed with development permitted in the previous five years from 1996-2000. 3) Land utilization for housing is becoming more efficient at a countywide level. 4) There are sufficient housing and jobs capacities under current plans and regulations. Hubner stated that Kent's 2022 target is for 4300 new households with nearly 2000 new housing permitted in the city over the last five years, representing 44 percent of the 22 year target accommodated in approximately a quarter of that time period. Hubner stated that gross densities have not changed much in the city and that market is driving smaller lots, with the city accommodating those densities by allowing clustering on the unconstrained portions of residential plats. ' Hubner stated that a recession in the early years of this decade show lower amounts of commercial and industrial square footage coming into the city, stating that overall it is remarkable that significant development occurred in Kent and other locations. I Hubner stated that the result of this analysis indicated that there are approximately 3600 acres of potentially developable land with about one-third of that land constrained by critical areas. He stated that further discounts were taken for future land use rights-of-way and public uses 1 (primarily storm water related). Hubner stated that market availability factors in, an indicator that not all land will become available for development or redevelopment for a long time period, currently leaving approximately 1600 acres of developable land in the city. Hubner stated that there are is a potential for 6100 households to be accommodated under Kent's plan, compared with approximately 2500 households that remain to be accommodated in the current planning period under the CPP. He stated that there is sufficient job capacity, with approximately 12,500 jobs that can be accommodated, compared to the 9,000 — 10,000 additional jobs yet to be accommodated in the City. ' Hubner stated that three-quarters of Kent's residential capacity is located on redevelopable land within single family zones presenting hurdles for developing that land for more intensive uses for housing. iHubner stated that the County and the State will evaluate the need for any reasonable measures, stating that it does not look like Kent will be required to adopt such measures. He stated that the data are useful in evaluating how well the City is doing in terms of achieving their plan for accommodating growth with a range of housing types; using land efficiently, encouraging urban development, and redevelopable parcels needed to accommodate future growth specifically after 2040. Hubner stated that the Growth Management Planning Council will likely approve this report at their October meeting, and then this will return to the PEDC in a ratification packet. He stated that there is a new step in the Buildable Lands process which is effectively a route for legislative action that recognizes the Buildable Lands Report in an official sense, for any future policy making. PEDC-Minutes July 9, 2007 Page 3 of 5 Recognition of Greenfield Park Neighborhood Council-Resolution Neighborhood Program Coordinator Toni Azzola stated that the neighborhood program is designed to foster better communication and provide a partnership between residents in a specific geographic area and the City government. She stated that the objective of the program is to provide an avenue for residents to work together and enhance the livability of their neighborhoods. Ms. Azzola presented the Greenfield Park Neighborhood Council consisting of 26 housing units and bounded to the north by a King County storage area, to the east by 28th Avenue South, to the south by 270th Street, and to the west by a vacant lot (Plat with recording no. 7682800155). She stated that the vacant lot will be developed and potentially be incorporated as part of the Greenfield Park Neighborhood. Ms. Azzola addressed questions raised by the committee, stating that if a neighborhood council wants to extend their boundaries, it is likely the City would amend the original resolution through the PEDC and City Council. In response to the Committee, Ms. Azzola stated that i resident contact information is retained in her file and is not for public record. She stated that ■ she wouldn't provide information without first notifying residents. Assistant City Attorney, Kim Adams Pratt clarified that though the resident contact information is located in city files, if a public disclosure request is submitted, that file is subject to review, and consideration would be made as to whether there was an exception that would withhold , any of that information. Ms. Adams Pratt stated that Toni could inform the residents that a request had been made so they would be aware. However, it would go through our normal public disclosure request process. Albertson MOVED and Clark SECONDED a MOTION to recommend that the Council adopt the proposed resolution which recognizes Greenfield Park Neighborhood Council, supports its community building efforts, and confers all opportunities offered by the City's Neighborhood Program. Harmon called for the Motion. Motion PASSED 3-0. #ZCA-2007-3 Docketing and Comprehensive Plan Amendment Procedures Planning Manager Charlene Anderson stated that this proposal amends the way we do business related to changing our Comprehensive Plan and providing the public an opportunity to propose changes to not only development regulations and the Comprehensive Plan text, but also to Comprehensive Plan Maps. Anderson stated that our existing process was found to be cumbersome and confusing for the public, staff and the Council. She stated that this amendment changes the process in that there is no public hearing held on the list itself. Anderson stated that staff would compile proposals from the public to include: site specific requests, requests to amend the map, text or development regulations, as well as area-wide proposals like the Lake Meridian area. Anderson stated that staff would compile that list in a report that would suggest whether or not the proposal is appropriate for the annual cycle or for the more comprehensive update done every seven years. Anderson stated that one major proposed change is that currently the City allows concurrent requests to change the Comprehensive Plan Map and the Zoning Map, and this proposal separates those changes. Thus, the Comprehensive Plan Changes would go through the LU&PB first, followed by the request to change the Zoning Map which would go through the Hearing Examiner Anderson stated that staff has strengthened the public participation requirements in the proposal and simplified the process. Anderson clarified that requested changes to a comprehensive plan, text, a map, or ' development regulations are compiled into a list defined as a Docket. She stated that there are two ways to apply for a Comprehensive Plan Amendment; 1) Submit a request, pay a fee and PEDC-Minutes July 9, 2007 Page 4 of 5 5 go through the LU&PB, and 2) docket the request which is free to the public unless it is site specific (a particular parcel). Anderson responded to the Committee by stating that a zoning map change request is a quasi- judicial procedure for a site-specific parcel zoning change, therefore it must be addressed before the Hearing Examiner. The Comprehensive Plan portion would go through the LU&PB and then to the Planning & Economic Development Committee (PEDC). Anderson stated that the proposed change signifies that instead of action taken by the Committee or the Council, the Docket would be presented to the PEDC with staff's comments such as "this is appropriate for the annual cycle, this is appropriate for the seven year cycle, or this is not something that should be looked at this year" then it would be passed on to City Council with the PEDC comments, but would not require action on the Council's part. Anderson stated that the proposed amendment talks about "annually providing a schedule for public participation". She stated that staff would provide a citizen's guide explaining the process and how citizens can propose amendments. She stated that staff would make available the list of amendments proposed for a particular year along with comments on them, and the docket report itself. Staff would hold public meetings related to the proposal, and would provide public outreach through the Government Channel, the City's Website at www.ci.kent.wa us, and whatever other means might be deemed appropriate. ' Clark MOVED and Albertson SECONDED a MOTION to APPROVE the Land Use and Planning Board's recommendation to amend the Kent City Code regarding docketing and procedures for comprehensive plan amendments. Motion PASSED 3-0. jShoreline Master Program Grant Planning Manager Charlene Anderson stated that at the June 5 Council meeting, there was a 1 motion authorizing the Mayor to sign a contract with Makers Architecture and the Watershed Company (scientific portion) to update our Shoreline Master Program (SMP) by December 1, 2009. 1 Anderson stated that the budget to update the SMP is in the City's Capital Improvement Program for $200,000. At the time staff proposed that budget, we also acknowledged that staff would apply for a grant from the Department of Ecology (CTED), and staff was awarded that grant in the amount of $190,000. Anderson stated that staff is asking for acceptance of the grant and amendment to the budget in that regard. Harmon commended Kurt Hanson for his part in submitting this grant request which helped defray the cost to the City for this project. Clark MOVED and Albertson SECONDED a MOTION to accept the Shoreline Master Program Grant for $190,000 from the State and make the appropriate budget adjustment. Motion PASSED 3-0. Adjournment Chair Harmon adjourned the meeting at 6:10 p.m. Pamela Mottram I Admin Secretary, Planning Services 5 IPermitlPlanlPlannmg Committee120071Mmule51070907PEOCmm da' PEDC-Minutes July 9, 2007 Page 5 of 5 i `� KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES August 14, 2007 COMMITTEE MEMBERS: Ron Harmon, Bob O'Brien, and Les Thomas, Chair I • The meeting was called to order by Chair Les Thomas at 5-00 PM • Bob O'Brien's absence was excused and Debbie Raplee attended in his place. • Chair Thomas noted that one item from Police would be added as (#5) to the agenda 1. Approval of Minutes Ron Harmon moved to approve the minutes of the July 10, 2007 meeting. 1 The motion was seconded by Debbie Raplee and passed 3-0. 2. Washington Traffic Safety Commission grant, Kent Drinking Driver Countermeasure Program - ACCEPT Police Chief Steve Strachan reviewed the proposed use of grant funds Debbie Raplee moved to recommend that Council accept the Washington Traffic Commission grant in the amount of$65,750.00. The motion was seconded by Ron Harmon and passed 3-0 I 3. Department of Justice FY2007 Weed and Seed Program grant—ACCEPT and AUTHORIZ Chief Strachan introduced Debra LeRoy, Research and Development Analyst and recognized her for her work throughout the grant process The giant funds will be used to develop a program of comprehensive strategics to address areas of high serious and violent crime, drug abuse and gang activity in a specific region on Kent's East Hill Ron Harmon moved to recommend that Council accept the Department of Justice Assistance FY2007 grant in the amount of$174,845 and authorize Chief Strachan to sign the acceptance. IThe motion was seconded by Debbie Raplee and passed 3-0. 4. State Farm Insurance Child Passenger Safety grant application -AUTHORIZE I Chief Strachan explained the proposed use of grant funds Debbie Raplee moved to authorize the Kent Police Department to apply for the State Farm Insurance Child Passenger Safety grant in the amount of$2,000. IThe motion was seconded by Ron Harmon and passed 3-0. 5. King County Community Organizing Program mini-grant- AUTHORIZE 1 Chief Strachan explained the proposal use of grant funds Ron Harmon moved to authorize the Kent Police Department to apply for the King County Community Organizing Program mini-grant in the amount of$2,000. The motion was seconded by Debbie Raplee and passed 3-0. 1 6. Purchase of Valley Special Response Team vehicle—INFO ONLY Chief Strachan explained the purchase of the vehicle would have no budget impact as seized funds from the Valley Narcotics Enforcement Team will be used for Kent's portion 1 7. National Night Out Report—INFO ONLY Chief Strachan thanked Judi Mauhl for planning and organizing this annual event which was held on August 7`s 31 city vehicles and 90 visitors visited 65 Kent neighborhoods He also thanked Mayor Cooke, city council members, city employees and the local Target store employees for their participation in this year's event Target Corporation was this year's national corporate sponsor 8. Neighborhood Response Team (NRT) Update—INFO ONLY Chief Strachan announced that Sergeant Mark Gustafson will begin his duties on the team effective November 1"and that three officers will be selected soon and will join the team on 2/0 1/08 9. Safe Rental Housing Ordinance—UPDATE Chief Strachan and Deputy City Attorney Pat Fitzpatrick reviewed the most recent changes to the proposed ordinance and noted that the Rental Housing Association of Puget Sound has also reviewed the changes The proposed ordinance wi I1 appear on next month's agenda as an action item Ron Harmon asked if the Motel/Housing Ordinance would be presented to the Committee again after the Safe Rental Housing Ordinance passes and if that would happen prior to year end Pat Fitzpatrick stated that was a real possibility and that some changes have been made to it since its first presentation earlier this year INFO ONLY Chief Strachan announced that the City of Kent Corrections Facility received its national accreditation from the American Coirection Association(ACA) on August 11"' in Kansas City, Missouri He acknowledged Captain Lorna Rufener, Lt Curt Lutz, the Corrections staff and especially, Officer Andy Jackson, for the hard work that it took to become the only municipal jail in Washington to gam ACA accreditation The meeting adjourned at 5:56 PM. Jo Thompson Public Safety Committee Secretary i Public Safety Committee Minutes 2 August 14,2007 ' 1 PUBLIC WORKS COMMITTEE MINUTES ' AUGUST 20, 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 5.20 p.m. ADDED ITEMS: ITEM 6 Geographical Information System (GIS) Positron was added to the agenda. ITEM 7 - Acceptance of Lower Green River Grants was added to the agenda. ' ITEM 1- Approval of Minutes Dated August 6, 2007 Committee Member Harmon moved to approve the minutes of August 6, 2007. The motion was seconded by Clark and passed 3-0. ITEM 2- Tracts A, B & C, Twin Creeks Deed Language: Alex Murillo, Engineering Environmental Supervisor, gave a brief history on those tracts identified in the memorandum. He said the City of Kent annexed the Plat of Twin Creeks located at the intersection of SE 236"' Place 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 at the time of annexation. The transfer of ownership of 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. Clark moved to recommend City Council authorize the Mayor to accept the 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. The motion was seconded by Harmon and passed 3-0. ' ITEM 3 - Information Only/Derbyshire Neighborhood Smoke Testing: Greg Reed, Utilities Superintendent explained in more detail exactly how they notify customers that may be affected by the testing, what the testing entails and why they perform this type of test. Larry Blanchard explained that the City has a normal maintenance system in place that detects the blockage in the sewer system before they become overflows. Overflows have a tendency to be claims against the City because the sewerage overflows into a home or business. Blanchard also stated that Iwe have a sewer replacement schedule in place Information Only- No Motion Required ITEM 4-Information Only/Identification of City_Streets w/Limited Access & Non-Limited Access: Larry Blanchard, Public Works Director showed a map of the limited and non-limited access streets in Kent. Information Only- No Motion Required ItemS - Cancelled/September 3, 2007 Public Works Committee Meeting: Larry Blanchard, Public Works Director informed the committee that due to the Labor Day holiday the September 3, 2007 Pubic Works Committee has been cancelled. There was discussion whether or not there would be a special meeting held on September 10, 2007. Cheryl will get back to committee members, once she talks to the Planning Department. Page 1 of 2 U\WVCommlttee\minuteswwnunutes 03 19 07 doc 2 PUBLIC WORKS COMMITTEE MINUTES AUGUST 20, 2007 Committee Member Harmon moved to cancel the September 03, 2007 Public Works Committee Meeting. The motion was seconded by Clark passed 3-0. ITEM 6 — Information Only/Geographic Information System (GIS) Position: Mark Howlett, Design Engineering Manager explained to the committee that because of the additional workload and responsibilities associated with the backlog of GIS work, and the anticipated Increase in GIS responsibilities and work load, the Department will present this proposal to the Operations Committee recommending that the City Council create a new Engineering Technician II position in the GIS group to be funded through the General Fund. Approval of this position will go a long way , towards helping the City alleviate the GIS backlog.-This item will go to Operations Committee on September 4, 2007 for action. Information Only- No Motion Required ITEM 7 — Acceptance of Lower Green River Grants: Larry Blanchard, Public Works Director noted that this item previously received council approval to purchase the property (Rosso Nursery). We are seeking approval to accept the grant and change the scope to different properties. However, the purchase fell through and we requested that the City purchase four other properties instead. Staff wanted to make sure it was clear that we wanted to purchase the Desimone, Flowers, Lotto and Koch properties, and to accept all the grants attributed to the purchase of these properties Clark moved to recommend to accept the grant for the WIRA 9. The motion was seconded by Harmon and passed 3-0. Item A. Committee Follow-up Items: Materials for the flashers are due to arrive on Friday, August 24, 2007. The sign language was discussed. The signs will read 'WHEN FLASHING 25 MILES PER HOUR" Item B. Public Comment Follow-up Items: Item C. Access Modifications due to Construction: Adiourned: ' The meeting was adjourned at 5:58 p.m. Next Scheduled Meeting for: Monday, September 17, 2007 at 5:00 p.m. ' Ij Cheryl Viseth' Public Works Committee Secretary Page 2 of 2 U \PWCommlttee\Mmutes\PWMlnutes 08 20 07 doc r CONTINUED COMMUNICATIONS 1 A. 1 1 I 1 1 1 r i 1 i r 1 1 1 EXECUTIVE SESSION ' ACTION AFTER EXECUTIVE SESSION