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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 12/11/2007 m i Cityof Kent City Council Meeting Agenda : p December 11 , 2007 Mayor Suzette Cooke Deborah Ranniger, Council President Councilmembers Elizabeth Albertson Bob O'Brien Tim Clark Debbie Raplee Ron Harmon Les Thomas KENT WASHINGTON City Clerk's Office i 1 KENT CITY COUNCIL AGENDAS \s%::!!!!!::KENT December 11, 2007 ---- W^S H I N a T Q N- Council Chambers MAYOR- Suzette Cooke COUNCILMEMBERS: Deborah Ranmger, President 1 Elizabeth Albertson Tim Clark Ron Harmon Bob O'Brien Debbie Raplee Les Thomas COUNCIL WORKSHOP CANCELLED COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 1 2. ROLL CALL 3. CHANGES TO AGENDA ' A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC—Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the ' Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Introduction of Appointees D. Employee of the Month E. Economic Development Report F. Public Safety Report 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills—Approve C. Zoning Code Amendment, Clearwire Wireless Telecommunications Facilities— Deny. D. 2007-09 Competitive Growth Management Act Planning Grant, Midway—Accept and Authorize E. 4Culture 2007 King County Performance Network Grant—Accept and Amend Budget d� ( Communities in Schools Lease Agreement with Kent Commons—Authorize G. King Conservation District Grant for Arbor Heights 360' Park—Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED H West Fenwick Park Improvements Project Grant Application Resolution—Adopt I. Maintenance and Support Invoice for Public Works Order Management System (Hansen)—Authorize J. Vision Service Plan Three-Year Administrative Services Contract—Authorize K. Rrverbend Golf Complex Budget Adjustment—Approve L. Doug Levy Consulting Services Agreement for 2008—Authorize M. Annual Write-Offs—Authorize N Financial Advisor Contract—Authorize O. Underwriting Team Contract—Authorize P. East I Iill Operations Grade & Fill—Accept as Complete Q. 2007 Watermain Replacements—Accept as Complete R. Kent Events Center Floodplain Mitigation—Accept as Complete S. 2008 Street Sweeping Contract—Authorize T. 2008 Water Treatment Chemical Contract with JCI Jones Chemical, Inc.— Authorize U. 2008 Water Treatment Chemical Contract with Cascade Columbia—Authorize V. Metropolitan Water Pollution Abatement Advisory Committee Delegates—Affirm W. Human Services Commission Appointments—Confirm X Lodging Tax Advisory Board Appointments— Confirm Y. Verdana Final Plat(Quasi-Judicial) —Approve Z. Washington Traffic Safety Commission Grant—Accept AA. Computer Replacement Plan —Authorize BB. Voice Over IP Telephone System for Municipal Court and Information Technology— Authorize CC, Pasko Tract X Easement Release—Authorize DD. Vehicle and Equipment Surplus—Authorize EE. Consultant Services Agreement for Comprehensive Water System Plan— Author»e FF Pacific Highway South—Agreement with King County Metro Transit—Authorize 7. OTHER BUSINESS A Meridian Banks Rezone Resolution (Quasi-Judicial) B Kent Events Center Public Facilities District Interlocal Agreement regarding Issue of Bonds Ordinance C. Water and Drainage Rates and Fees Ordinance D. 2007 Tax Lew for 2008 Budget Ordinances E. 2008 Budget Adoption Ordinance F. 2008-2013 Capital Improvement Plan/Comprehensive Plan Amendments Ordinance G. Non-Represented Employee Salary Adjustment Process Resolution H. Comprehensive Plan Amendments and Revisions to Kent City Code 12.13, School District Capital Facilities Plans Ordinances (Continued) COUNCIL MEETING AGENDA CONTINUED 1 8. BIDS A. 2nd Avenue Pedestrian Improvements, W. Gowe St. to W. Smith St. 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Pending Litigation B. Property Negotiations 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci kept wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at(253) 856-5725 For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. ^S-7v D Q< D sw 3 3 3 < ny w n v 7oa �g a Q� n � 8w•- nJ -wn '^ ^ � Jw F '� oi3 u � � ^ a„om rp Q o CL O a i rno _ m aNi n O m o< n Q OJ G ? • MW ^ � it roman � og o a S ° cJ c m m -0 r) 30Jc 77� S S l l C (D (D a X C d O w w 0 '< yOy -iw 0 — � o w o ^ D avo my co oN °a �� n n j o co 3 L^ O s 3 � < a m • £ C Z o z' s 3aozco'z z�a Ma C)O n n S--iwm gn3: n (1n no �- D m ° c3 � 33Tooa � CoO °' cv � D CZ 9C)_ rC� SC3nr�Q� N � ?.� �"—'occAjSQ°' •"' N m � 3ryQ�r<oo- � i o z Q� � ��� `" �--) s2 � � • w�• aor � vnm�, � 33 w -' � °,' (1J ° o sn o-o o �c3 � ?��� � � ` mm ro � � _ •c n pn c y u y. p W ,S C'7`^ rcc y A y J p Jw D 3 s-f°. .`�. ti ? °'J ? S-3 r. �, cncY ro� !l rS°'c ro M arc .n 3 c u,a �v < F J w a C 0 '1 0, D �' n •c �y N n N ao o po C 3 i 0 rp C 3 O c 3 racfD = cc° SCO "ca° ° '^ rco " _ � .o � 2c ��•< Q° s^ � c� —� • O- a O cam, n n a% 3 r o EL —n J a= CJ J-., O �.ao '� T•c wa rs n s fD G 'C p w n v n TorJ- O- n O = O J n O '^ C ao C La 3 N tJ1 c a ti a i g - Ja o < � c w J ' 3 �a O 3 O T S v 0 .-�< 7 O O �. �n — O O C rp fD 6 6 � C l O (D N J T(SD n �a,c i CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC I t PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) INTRODUCTION OF APPOINTEES D) EMPLOYEE OF THE MONTH i E) ECONOMIC DEVELOPMENT REPORT F) PUBLIC SAFETY REPORT i t i CONSENT CALENDAR 6. City Council Action: nn nn // Councilmember moves, Councilmember �C�� seconds to approve Consent talendar Items A through FF. Discussion jAction 1 t C 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of November 20, 2007. 6B. Approval of Bills. Approval of payment of the bills received through November 15 and paid on November 15 after auditing by the Operations Committee on November 20, 2007. Approval of checks issued for vouchers: Date Check Numbers Amount 11/15/07 Wire Transfers 3046-3065 $3,181,920.01 1/15/07 Regular 614036-614715 4,239,960 06 Use Tax Payable 3,80423 $7,425,684.30 Approval of checks issued for p_ayroll for November 1 through November 15 and paid on November 20, 2007: Date Check Numbers Amount 11/20/07 Checks 301395-301680 $ 216,98616 11/20/07 Advices 221799-2222522 1,395,859.42 Total Regular Payroll $1,612,845 58 Council Agenda Item No 6 A-B i KE Kent City Council MeetingWA5HI NN T November 20, 2007 G . The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present Albertson, Clark, Harmon, O'Brien. Ranniger, Raplee and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) No changes were made by Council, Administration or staff. B. From the Public. (CFN-198) No changes were made by the public PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There was no public recognition. B. Community Events. (CFN-198) Ranniger announced the opening of the Morford Family Carousel on December 81h, and the Christmas Rush Fun Run/Walk also on December 8°i Mayor Cooke announced the Youth Game of Life on December 4rh and 5`h and the Winterfest activities and tree lighting on December I". I C. Introduction of Appointees. (CFN-873) Mayor Cooke introduced her reappointments to the Human Services Commission D. Kent Green Business of the Year Award. (CFN-147) Kelly Peterson announced that the recipient of the City's 61 annual Green Business of the Year Award is Recreational Equipment Inc. Corporate Headquarters. The Award and a Certificate from the city were presented to representatives of REI. y E. Public Safety Report. (CFN-122) Police Chief Strachan reported that he has been appointed to the Auto Theft Prevention Authority which was created by the Legislative to build regional partnerships to create task forces to fight auto theft He then updated the statistics in his monthly report and responded to a recent newspaper article regarding dangerous cities CONSENT CALENDAR Ranniger moved to approve Consent Calendar Items A through W. Clark seconded and the motion carried A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of November 2, 2007, were approved B Approval of Bills. (CFN-104) Payment of the bills received through October 15 and paid on October 15 after auditing by the Operations Committee on November 6, 2007, were approved. 1 Kent City Council Minutes November 20, 2007 Approval of checks issued for vouchers Date Check Numbers Amount 10/15/07 Wire Transfers 3013-3028 $1,705,291.94 10/15/07 Regular 612971-613439 6,487,09315 Void Checks 613376 (426.80) Use Tax Payable 1,727.45 $8,193,685 74 Payment of the bills received through October 31 and paid on October 31 after auditing by the ' Operations Committee on November 6, 2007, were approved Approval of checks issued for vouchers. Date Check Numbers Amount 10/31/07 Wire Transfers 3029-3045 $1,481,352.25 10/31/07 Regular 613440-614035 4,444,993.78 Use Tax Payable 4,051 36 $5,930,397.39 Interim Payroll Check Run: Date Check Numbers Amount 10'9/07 Void Check 296850-296862 -$54.83 Reissued Check 300798-300799 54 83 Total Cash 0 Date Check Numbers Amount 10/23/07 Void Check 295390 -$146.20 Reissued Check 301093 14620 Total Cash 0 Date Check Numbers Amount 10/23/07 Void Check 296337,296661, -$333.86 297140 & 297430 Reissued Check 301094-301097 373.86 Total Cash 0 Checks issued for payroll for October 1 through October 15 and paid on October 19. 2007, were approved- Date Check Numbers Amount 10/19/07 Checks 300800-301092 $ 219,022.65 10/19/07 Advices 220353-221075 1,378,960.51 $1,597,983.16 Checks issued for paw for October 16 through October 31 and paid on November 5, 2007, were approved: 2 3 Kent City Council Minutes November 20, 2007 LDate Check Numbers Amount 11/5/07 Checks 301098-301394 $ 232,573 19 11/5/07 Advices 221076-221798 1,425,512 29 $1,658,085.48 ' C. Human Services Commission Reappointments. (CFN-873) The Mayor's reappointments of Jon Botten, Dim Dublos and Pastor Brett Hollis to Kent's Human Services Commission were confirmed Mr. Botten's term will expire on January 1, 2008 and his reappointment will expire on January 1, 2012. Ms. Duclos' term will expire on January 1, 2008 and her reappointment will expire on January 1, 2012 Pastor Hollis' term will expire on January 1, 2008 and his reappointment will expire on January 1, 2012. D Bill of Sale, Evans Short Plat. (CFN-484) The Bill of Sale for Evans Short Plat for 223 linear 1 feet of sanitary sewer, 2 sanitary sewer manholes, 180 centerline linear feet of streets, 765 linear feet of storm sewer line, 2 storm sewer manholes, 9 catch basins, and 6885 cubic feet of detention pond storage was accepted. This project is located at 116`h Avenue S.E. E Bill of Sale, Nick Addition. (CFN-484) The Bill of Sale for Nick Addition for 214 linear feet of watermain, 1 gate valve, 1 hydrant, 317 linear feet of sanitary sewer, 3 sanitary sewer manholes, and 1 315 centerline linear feet of streets was accepted. This project is located at SE 234°i/117`h SE. F. Bill of Sale, Mulder Plat. (CFN-484) The Bill of Sale for Mulder Plat for 657 linear feet of sanitary sewer, 4 sanitary sewer manholes, 926 centerline linear feet of streets, 1177 linear feet of storm sewer line, 13 catch basins, and 35,640 cubic feet of detention pond storage was accepted This project is located at 26009-124`h Avenue SE. G. Consultant Agreement for Analyzing the 590 Pressure Zone. (CFN-1038) The Mayor was authorized to sign the Consultant Services Agreement with RH2 Engineering Inc., for the 590 Pressure Zone Improvement Project in the amount of$66,385, upon concurrence of the language therein by the City Attorney and Public Works Director. H. Water Resources Investigations Joint Funding Agreement. (CFN-1038) The Mayor was authorized to sign the Joint Funding Agreement between the City of Kent and the U.S geological Survey, upon concurrence of the language therein by the City Attorney and Public Works Director, in the amount of$44,450, for the U S Geological Survey to provide operations, maintenance and data collection at the Springbrook Creek, Mill Creek and Rock Creek Gaging stations and to establish a budget for the funds to be spent for the cooperative data-collection program with the U S Geological Survey. L Salmon Recovery Funding Board Project Agreement. (CFN-1038) The Mayor was authorized to sign a Project Agreement with the state Salmon Recovery Funding Board in the amount of$150,000, to accept the grant and to establish a budget for the funds to be spent for the Riverview Park Restoration Project. J. Kin County Flood Hazard Management Plan. (CFN-1038) Resolution No. 1772 ratifying the 2006 King County Flood Hazard Management Plan was adopted 1 3 Kent City Council Minutes November 20, 2007 Ratification will convey the City's support for using the goals, processes, actions, funding, manage- ment approaches, and projects included in the Plan The plan involves implementation of flood protection strategies and projects, improved inter-governmental coordination, securing long-term funding sources, monitoring progress, and providing improved flood protection for the City of Kent and King County. K. Water Use Efficiency Goals. (CFN-599) The Mayor was authorized to approve the proposed Water Conservation Goals—Public Briefing document, combined with comment from the Public during the Public Hearing of 11-05-2007, and submit the appropriate documentation to the Department of Health for review and approval according to the requirements of WAC 246-290-810. L Utility Rate Analyst for Sewer Comprehensive Plan Consultant Contract. (CFN-598) The Mayor was authorized to sign the FCS GROUP Consultant Services Contract Agreement for the Utility Analysis portion of the Sewer Comprehensive Plan for $44,570, upon concurrence of the language therein by the City Attorney and Public Works Director. The Utility Rate Specialist will have the responsibility of reviewing the current utility rates, forecasting required revenues for a six to ten-year period, and developing alternative rate structures for the utilities depending on staff and citizen recommendations. M. Utility Rate Analyst for Drainage Master Plan Consultant Contract. (CFN-648) The Mayor was authorized to sign the FCS GROUP Consultant Services Contract Agreement for the Utility Analysis portion of the Drainage Master Plan for$46,630, upon concurrence of the language therein by the City Attorney and Public Works Director. The Utility Rate Specialist will have the responsibility of reviewing the current utility rates, forecasting required revenues for a six to ten-year period, and developing alternative rate structures for the utilities depending on staff and citizen recommendations. N. Purchase of Apparatus Hoists. (CFN-122) The purchase of four (4) Stertil-Kom model ST1072 hoists was authorized , and the Mayor was authorized to sign all necessary documents. O. New Connections of South King County Consultant Services Agreement, Amendment No. 5. (CFN-122) The Mayor was authorized to sign Amendment No 5 to extend the New Connections Consultant Services Agreement with the Kent Corrections Facility through December 31, 2008. New Connections will continue to provide Life Skills Workshops as part of the Department of Education, Fund for the Improvement of Post Secondary Education Opening Doors Project The contract extension is in the amount of S 12,000 P. Ordinance Revising Parking Prohibitions. (CFN-171) Ordinance No 3862, which amends section 9.38.020 of the Kent City Code to revise the parking prohibition to a portion of 27`" Place South was adopted. Q. King County Housing Authority Contract for Services, Change Order. (CFN-122) The Mayor was authorized to sign Change Order No 1, which follows the signing of a Memorandum , of Understanding in November 2005 between twelve agencies that agreed to a common goal of significantly reducing violent crime and narcotics activity in three federally-assisted housing communities in the Kent area Springwood Apartments, Valli Kee Homes and Cascade Apartments. The complexes are staffed with a uniformed Police Officer 26 hours per week and a Community Education Specialist 20 hours per week. King County Housing Authority administers the grant funds 4 5 Kent City Council Minutes November 20, 2007 to all of the agencies involved on a reimbursement basis This contract extension is effective from 1 April 1, 2007 through September 30, 2008. R. Washington Traffic Safety Commission Memorandum of Understanding. (CFN-122) The Mayor was authorized to sign the Washington Traffic Safety Commission Memorandum of Understanding. The WTSC has notified the Kent Police Department that reimbursement can be provided for overtime for certified Drug Recognition Experts (DRE's) when they are working an emphasis patrol, a shift extension which was begun during regular duty time, overtime callout to perform a drug evaluation, or when a DRE is subpoenaed to testify in court as a result of any of the above The beginning date of the Memorandum of Understanding begins on October 1, 2007 and 1 ends on June 30, 2009. S. Department of Corrections Contract,Amendment No. 2. (CFN-122) The Police Chief was authorized to sign Amendment No 2 to the contract between the Department of Corrections and the Kent Police Department. The Kent Police Department provides a Department of Corrections (DOC) work area at the police station The DOC agrees to provide software and digital key fob for the purpose of connecting to the DOC network via a Virtual Private Networking (VPN) session. The City of Kent's Information Technology department agrees to provide the network infrastructure and Internet connectivity that will allow DOC staff to establish VPN connections to the DOC network. T. State and Local High Intensity Drug Trafficking Areas (HIDTA) Task Force Agreement. (CFN-122) The Police Chief was authorized to sign the State and Local High Intensity Drug Trafficking Areas (HIDTA) Task Force Agreement. The Kent Police Department will assign a narcotics detective to work with the HIDTA Task Force and the Drug Enforcement Agency (DEA). The agreement is from October 1, 2007, through September 30, 2008 U. Youth Service America Grant Award. (CFN-122) The Youth Service America grant in the amount of$2,000 was accepted. The Kent Police Department will act as a Lead Agency for Youth Service America and Global Youth Services Day on April 25-27, 2008. The grant is sponsored by State Farm Companies Foundation. Youth and adult volunteers will survey community members about needs in predetermined areas of Kent Following the survey, the goal is to develop and implement a youth service learning project that will involve 600 youth and adult community members. V. Occupational Health Services Contract. (CFN-122) The Mayor was authorized to sign the agreement with Valley Medical Center Occupational Heath Services State law requires the City to provide medical services to inmates while they are housed in Jail. The Public Hospital District No. 1 of King County, doing business as Valley Medical Center Occupational Health Services, has provided inmate medical services for the City of Kent since 1996. The agreement provides that I medical services shall be provided at an annual cost of$278,350.00 for medical staff, plus estimated administrative expenses of$45,000, asset forth in the agreement through December 31, 2010 The agreement may be extended if both parties agree. W. 116th Avenue S.E. Joint Utility Trench. (CFN-1300) The 116th Avenue S E. Joint Utility Trench Project was accepted as complete and release of retainage to Rodarte Construction, Inc , upon standard releases from the state and release of any liens was authorized. The original contract amount was $671,368, the final amount was $816,846.35 or 21 67% above budget. The entire amount of the overrun is attributable to additional trench length and depth above what was estimated I5 Kent City Council Minutes November 20, 2007 to underground the existing overhead utility lines. By agreement, approximately 50% of these expenses will be reimbursed by the various utility companies OTHER BUSINESS A. Meridian Banks Rezone. (CFN-121) The proposed ordinance relates to the rezoning of a , 6.3 acre parcel of property located at 25840 135`h Lane SE from SR-4 5 to SR-6 The Hearing Examiner held a public hearing, and issued Findings, Conclusions and a Recommendation for approval on October 15, 2007, The City Attorney gave a history of the project, explained the quasi- judicial process, and instructed the Council on procedures. Clark, O'Brien and Albertson disclosed that they have spoken to proponents or opponents of the rezone, although not about this specific issue. After questioning Albertson, Bill Williamson, attorney for the applicant, had no objection to her participation in the decision. There were no other objections to any Council member participating in this rezone proceeding. Lydia Moorehead of Planning Services gave a brief presentation on the project and explained the zoning at the time of vesting. Harmon moved to remand the Meridian Banks Rezone to the Hearing Examiner for reconsideration Albertson seconded for discussion. Harmon stated that the decision must go back to the Hearing Examiner because it is consistent with the Comprehensive Plan and he objects to that consistency, and that the rezone and subsequent development is not compatible with development in the vicinity Harmon said the Hearing Examiner did not discuss the testimony given by neighbors in his Findings, and said the fact that the site is on Lake Meridian is an obvious difference between this and all other sites. He spoke about the significant role played by natural features and systems in determining the overall environmental quality and livability of the com- munity, and the need to protect and enhance the natural resources for multiple benefits including recreation, fish and wildlife resources, flood prevention, water supply and open space. O'Brien spoke in opposition to the motion, noting that the Hearing Examiner has determined that the criteria have been met by the applicant. Thomas, Raplee and Clark spoke in support of the motion, citing incompatibility with subsequent development and the need to protect the take. The motion to remand carried with O'Brien opposed. REPORTS A Council President. (CFN-198) Ranmger announced that she has been invited to speak at the Livable Cities Conference in June regarding Kent's Healthy Cities Initiative. B. Mayor. (CFN-198) Mayor Cooke announced that Kent's Safe Havens Program is a model across the country and that the Department of Justice has awarded the City a $250,000 grant. Parks Director Watling announced an appropriation in the amount of$75,000 for the Safe Havens Program from King County. C Operations Committee. (CFN-198) Clark noted that the only meeting in December will be held on December 41h and that the agenda includes discussion of the 2008 budget and water hookup charges D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the committee will not meet in December. E. Planning and Economic Development Committee. (CFN-198) No report was given. ' 6 i Kent City Council Minutes November 20, 2007 i F. Public Safety Committee. (CFN-198) No report was given. G. Public Works Committee. (CFN-198) Raplee noted that the next meeting will be held at 5.00 p in on Monday, December 3 and that there will not be a meeting on December 17. She added that the Transportation Master Plan will be on the December 3 agenda. H. Administration. (CFN-198) Hodgson noted that there will be only one Council meeting in December which will be held on Tuesday, December 11. He also noted that there will be a special workshop at 5 00 p.m on Tuesday, December 4, in preparation for the Council retreat i Hodgson noted that there will be an executive session of approximately 45 minutes to discuss property negotiations, labor negotiations, and pending litigations. He said action is anticipated when the regular meeting reconvenes. 1 EXECUTIVE SESSION The meeting recessed to Executive Session at 8.20 p.m. and reconvened at 8:50 p m. (CFN-198) ACTION AFTER EXECUTIVE SESSION A. Aquatics Center. (CFN-118) Hodgson explained that land is being purchased for a future swimming pool and this property is part of that assemblage Ranniger moved to approve the Purchase and Sale agreement for the Tran property located at 310 Naden Avenue, as part of the Naden Street Assemblage, to authorize the Mayor to execute any and all documents necessary to close the land transaction upon review and approval by the City Attorney, and to appropriate closing costs from the Aquatic Land Acquisition account. Albertson seconded and the motion carried B. Officers and Sergeant Labor Agreement. (CFN-122) Thomas moved that Council authorize the Mayor to sign a three-year labor agreement with the Kent Police Officers Association, Officers and Sergeants Unit, effective January 1, 2008 to December 31, 2010, and adjust the budget as needed Thomas seconded and the motion carried. C. Department of Ecology Regulations Anneal. (CFN-198) The City Attorney explained that the City is involved in litigation in a coalition with 32 other cities and counties who are appealing the Department of Ecology's National Pollution Discharge Elimination System permit requirements. He noted that the 33 cities and counties are sharing costs, and requested an increase in funds to help pay the costs. Raplee moved to approve designating up to $50,000 of utility funds to continue the joint coalition appeal of the Department of Ecology's National Pollutant Discharge Elimination System Permit. Harmon seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8.55 p.m (CFN-198) Brenda Jacober, CMC City Clerk 7 Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: ZONING CODE AMENDMENT, CLEARWIRE WIRELESS TELECOMMUNICATIONS FACILITIES — DENY 2. SUMMARY STATEMENT: Approval of the Planning & Economic Development ' Committee's recommendation to deny the zoning code amendment and maintain the existing code language of KCC 15 04.065 8. and 15 08.035.1.Lb. concerning wireless telecommunications facilities on government property. The proposed code amendment would have allowed these facilities also on property developed as Puget Sound Energy substations in residential zoning districts, provided the applicant received a conditional use permit. i 1 3. EXHIBITS: Minutes and Agenda Packet of 11/19/07 PEDC Meeting 4. RECOMMENDED BY: Planning & Economic Development Committee (Committee, Staff, Examiner, Commission, etc ) ' 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue. Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C 1 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 19, 2007 Committee Members: Chair Ron Harmon, Elizabeth Albertson, Tim Clark. Chair Harmon ' called the meeting to order at 6:00 p.m. Approval of Minutes: Clark MOVED and Albertson SECONDED a MOTION to approve the minutes of October 8, 2007. Motion PASSED 3-0. #ZCA-2007-4 Clearwire Wireless Telecommunications Facilities (WTF) Amendment 1 Planning Manager Charlene Anderson reported that the Land Use and Planning Board unanimously recommended approval to add language that would amend the Kent Zoning Code to allow WTF's via Conditional Use Permit in residential zoning districts on properties developed ' as a Puget Sound Energy (PSE) Substation. After City Attorney Tom Brubaker clarified sites where WTF's would be least obtrusive, the Committee deliberated, opposing allowing additional WTF sites. iHarmon MOVED and Albertson SECONDED a MOTION to not change existing Code, thereby DENYING this recommendation. Motion PASSED 3-0. #CPA-2007-4/#CPZ-2007-2 Midway Subarea Plan 1 Planner Gloria Gould-Wessen stated that Community Trade and Economic Development (CTED) awarded the City of Kent a $125,000 grant to be used to conduct a collaborative subarea planning effort in Midway with the City of Des Moines. Ms. Gould-Wessen stated she will be arranging a kick-off meeting for late January 2008 to be held with the City of Des Moines' Financial & Economic Development Committee and Kent's PEDC for the purpose of defining the project boundary, establish a mission statement and project goals, and determine the make up of the Steering Committee. She anticipates the Steering Committee beginning work early spring, followed by the launch of an interactive project website, and later in the year holding a series of public open houses and workshops. Ms. Gould-Wessen stated that the goal is to develop planning documents that will help to create a vibrant and sustainable urban village within a high-capacity transportation corridor. She stated that grant deliverables will be due June 15, 2009. Albertson MOVED to authorize the Mayor to sign the contract with Washington State Department of Community Trade and Economic Development to accept $125,000 from the 2007-2009 Competitive Growth Management Act Planning Grant. Clark SECONDED the Motion which PASSED 3-0. Annual Comprehensive Plan Amendments Planning Manager Charlene Anderson stated staff did not received any comprehensive Plan Amendment applications this year. Community Development Director Fred Satterstrom stated that since Council has clearly stated what they want for the Community in terms of residential development, he believes this to be the reason why the City did not receive any CPA application submittals this year. #ZCA-2006-3 Residential Development Standards Update Planner Matt Gilbert stated that the new residential development standards went into effect April 2007. He stated that staff has developed brochures which will soon be provided to the PEDC Minutes November 19, 2007 Page 1 of 2 3 1 COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director KEN T PLANNING SERVICES Charlene Anderson, AICP, Manager 'AA5 H I NGTO N Phone• 253-856-5454 Fax 253-856-6454 Address: 220 Fourth Avenue S. ' Kent, WA 98032-5895 November 13, 2007 ' TO: Chair Ron Harmon and Planning & Economic Development Committee Members FROM: Charlene Anderson, AICP, Planning Manager RE: Zoning Code Amendment, Clearwire Wireless Telecommunications Facilities For Meeting of November 19, 2007 Motion: Approve/Deny/Modify Zoning Code Amendment #ZCA-2007-4 regarding wireless telecommunications facilities as recommended by the Land Use & Planning Board. Summary: After holding a public hearing on September 24, 2007, the Land Use & Planning Board unanimously recommended approval to allow wireless telecommunications facilities via Conditional Use Permit in residential zoning districts on properties developed as a Puget Sound Energy Substation. Todd Walton on behalf of Clearwire had submitted a proposal to amend the Kent Zoning Code to allow wireless telecommunications facilities in quasi-governmental locations in the SR-4.5 single family residential zoning district. Budget Impact: None Background: Existing regulations allow wireless telecommunications facilities via conditional use permit in single family residential, duplex multifamily residential, multifamily residential townhouse and mobile home park zoning districts only on property owned, leased, or otherwise controlled by the city or other government entity. Clearwire proposes to add quasi- governmental properties to the mix, and defines these properties to include utility companies, water districts and other like properties as determined by the Planning Manager. The following is the Board's recommendation, which would allow potentially around 5-6 additional sites. ' Amend the note for single family residential, duplex multifamily resdential, multifamily residential townhouse and mobile home park zoning districts: 15.04.065 Transportation, public, and utilities land use development conditions 8. If on property owned, leased, or otherwise controlled by the city or other government entity or developed as a Puget Sound Energy Substation subject to KCC 15.08.035(I), Amend. 15.08.035 Wireless telecommunications facilities. ' I. Conditional use permits 4 1. Conditional WTF uses Specifically, conditional use permits shall be required for the following WTFs: b. Government property. Locating WTFs (1) separate from existing structures on property owned, leased, or otherwise controlled by the city or other governmental entity, or on 2roperty developed as a Puget Sound Energy Substation, or (2) attached to existing structures on property owned, leased, or otherwise controlled by the city or other governmental entity, or on property developed as a Puget Sound Energy Substation, exceeding the height 11mttatlons in subsection (H)(2)(b) of this section, but only On the condition that the total height of the ' attached WTF, including the structure, does not exceed one hundred twenty (120) feet, unless permitted under subsection (I)(1)(a) of this section; however, this subsection shall not apply In DC, DCE, and NCC districts The SEPA Responsible Official has determined that the proposal represents procedural actions that are exempt from further environmental review. , C4pm5lPermitiPlaniZONECODE4MEN0120071ZCA-2007-4 Clearwfre7-eleCommFaahhesimemopedc111907doc Enclosures 9124107 LOPS Packet cc Fred N Satterstrom,AICP,CD Director , Project File j L LUPB Public Hearing September 24, 2007 ZCA-2007-1 Page 2 of 2 5 Added Item: t #ZCA-2007-4 Clearwire - Wireless Telecommunication Facilities Planning Manager Charlene Anderson stated that Clearwire submitted a request to amend the zoning code to allow wireless telecommunications facilities (WTF) in quasi-judicial locations (defined by the applicant to Include utility companies, water districts and other like properties as determined by the Planning Manager), and requesting the expansion of the permitted locations in the SR-4.5 zoning district. Ms. Anderson stated that staff is in favor of expanding locations for the placement of wireless telecommunication facilities (WTF). Therefore, staff proposes that WTF's in single family zones be expanded to properties developed as Puget Sound Substations and permitted only with a Conditional Use Permit. She stated that staff presented options to the Land Use and Planning Board, who voted unanimously in favor of this proposal. Member Albertson MOVED and Member Harmon SECONDED a MOTION to amend Kent City Code Section 15.08.035 regarding wireless telecommunication facilities to allow them via conditional use permits on government property 'locating WTFs separate from the existing structures on property owned, leased or otherwise controlled by the city or other governmental entity"adding language: 'nor on property developed as a Puget Sound Eneroy Substation',' applying this language to Section 1 and 2. Motion PASSED 2-0. Member Harmon stated that this item will be presented as Other Business at the next City Council meeting. Adiournment Chair Harmon adjourned the meeting at 5:45 p.m. Pamela Mottram Admin Secretary, Planning Services S IPermltiPlanIPEDC120071Mmutesll00807PEDCm/n do PEDC-Minutes October 8, 2007 Page 2 of 2 ' 7 ' LAND USE & PLANNING BOARD MINUTES ' SEPTEMBER 24, 2007 BOARD MEMBERS PRESENTIABSENT: Chair Jon Johnson, Vice-Chair Dana Ralph, Steve Dowell, Alan Gray, Aleanna Kondelis, Jack Ottini — Absent/Excused. STAFF MEMBERS PRESENT: Charlene Anderson, Planning Manager ' Approval of Minutes Dowell MOVED and Gray SECONDED a Motion to APPROVE the Minutes of June 25, 2007 with the amendment to indicate Alan Gray's absence as "excused". Motion PASSED. Added Items, Communications, Notice of Upcoming Meetings None #ZCA-2007-4 Wireless Facilities in Quasi-Governmental Locations Planning Manager Charlene Anderson presented options for the locating of wireless telecommunication facilities on quasi-governmental properties; defining those types of facilities and properties. She stated that staff is recommending Option 2 to allow for limited expansion of these facilities and amending Section b. Government property (t) and (2) by adding text after ". .other governmental entity, or on property developed as a Puget Sound Energy Substation, ' Chair Johnson declared the public hearing open. Todd Walton, Clearwire, 9400 Carillon Point, Kirkland, WA As the applicant he stated that he does not object to staff's recommendation, and is satisfied with the five (5) substation locations listed by staff for expansion. Walton addressed questions from the Board with respect to what type of services Clearwire provides. 1 Seeing no further speakers, Gray MOVED and Kondelis SECONDED a motion to close the public hearing. Motion CARRIED 5-0. ' After brief deliberations, with Dowell voicing support for Option 3 — No Change; Dowell MOVED to adopt Option 3. Motion DIED for lack of a Second. Gray MOVED to ACCEPT Option 2 as recommended and amended by staff. Ralph SECONDED the Motion. Motion CARRIED 5-0. Adjournment ' Seeing no further matters to come before the Board, Chair Johnson adjourned the meeting at 7:16 p.m. Charlene Anderson, AICP, Planning Manager Secretary of the Board 5 lPermitiPlanICUPB120071Mlnutes1092907tUP3mm doc Land Use and Planning Board Meeting Minutes—September 24, 2007 ' COMMUNITY DEVELOPMENT g Fred N. Satterstrom, AICP, Director PLANNING SERVICES Charlene Anderson, AICP, Manager K E N T W�$HINGTON Phone 253 856 5454 ' Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 AGENDA LAND USE & PLANNING BOARD HEARING SEPTEMBER 24, 2007 7:00 P.M. LAND USE & PLANNING BOARD MEMBERS: CITY STAFF Jon Johnson, Chair Charlene Anderson, AICP, Planning Mgr Dana Ralph, Vice Chair Kim Adams Pratt, Asst City Attorney Steve Dowell Pamela Mottram, Admin Secretary Alan Gray Aleanna Konde►is Jack Ottini This is to notify you that the Land Use and Planning Board will hold their regularly 1 scheduled Public Hearing on MONDAY, September 24, 2007 in Kent City Hall, City Council Chambers East and West, 220 4ch Avenue South, Kent at 7:00 P.M. The public is welcome to attend and all interested persons may have an opportunity to speak. Any person wishing to submit oral or written comments on this proposed amendment may do so prior to or at the meeting. The agenda will include the following item(,): 1. Call to order 2. Roll call 3. Approval of Minutes from the June 25, 2007 Meeting 4. Added Items to Agenda 5. Communications 6. Notice of Upcoming Meetings ' 7. PUBLIC HEARING: ZCA-2007-4 Wireless Facilities in Quasi-Governmental Locations Consideration to amend the Zoning Code to allow wireless facilities in quasi- governmental locations; including but not limited to utility companies, water districts and other like properties as determined by the Planning Manager. Changes affect KCC 15.04.060(8) and 15.08.035(I). Any person requiring a d1sabllrty accommodation should contact the Crty in Advance for more informabon. For TDD relay service for Braille, call 1-800-833-6385, for TDD relay service for the hearing Impaired, call 1-800-833- 6388 or call the City of Kent Planning Services directly at(253) 856-5499(TDD) or the main line at(253)856-5454. For further Information or a copy of the staff memorandum contact the Plann/ng Services office at(253) 856-5454. Check http.//www.a kent wa uslolannlnollandusevlanningboard for a variable documents. 5 IPermItIPlanILUP811007Ogenda51092407LUPBHrg-Agda doc ' 11 COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director ' PLANNING SERVICES KEN T Charlene Anderson, AICP, Manager WASHINGTON Phone: 253-856-5454 Fax 253-856-6454 Address- 220 Fourth Avenue S. Kent, WA 98032-5895 September 17, 2007 ' TO: Chair Jon Johnson and Land Use & Planning Board Members FROM: Charlene Anderson, AICP, Planning Manager RE: #ZCA-2007-4 — Clearwire STAFF REPORT - For Public Hearing of September 24, 2007 Background: In your agenda packet is a request submitted by Clearwire to amend the zoning code to allow wireless telecommunications facilities in quasi-governmental locations. The ' proposal defines quasi-governmental to include utility companies, water districts and other like properties as determined by the Planning Manager. The materials provided to you for your August 27, 2007 workshop also included ordinances from the Cities of Sammamish and Tukwila and documents from the Federal Communications Commission including a fact sheet and guide for local governments regarding wireless telecommunications facilities. That information may assist in the deliberations regarding possible options for code amendment. ' Discussion: Included in this packet are maps from the Kent Comprehensive Plan, portraying the Puget Sound Energy Electrical System and the existing telecommunications facilities (as of early 2006). If the zoning code is amended to allow telecommunications facilities on Puget Sound Energy substation sites, approximately six additional sites would be permitted within residential zoning districts. Staff will have available at the public hearing other maps from the Comprehensive Plan, depicting fire and police facilities, schools and parks; Board members may wish to peruse those maps in the Comprehensive Plan prior to the public hearing. These maps ' Indicate a substantial number of locations where telecommunications facilities would be allowed under existing regulations. ' Options: 1. Quasi-Governmental Properties This option approves the applicant's proposal to allow telecommunications facilities via a Conditional Use Permit on properties owned, leased, or otherwise controlled by the city or by utility companies, water districts and other like properties as determined by the ' Planning Manager. Although the applicant requested expansion of the permitted locations only in the SR-4.5 zoning district, this option would include single family residential, duplex multifamily residential, multifamily residential townhouse, and mobile ' home park zoning districts. 12 , 2. Puget Sound Energy Substations ' This option expands the existing permitted locations for telecommunications facilities in single family residential, duplex multifamily residential, multifamily residential ' townhouse, and mobile home park zoning districts to include only Puget Sound Energy Substations, as approved via a Conditional Use Permit. It would add approximately five locations within the existing municipal limits. 3. No change This option maintains existing code and allows via Conditional Use Permit ' telecommunications facilities in single family residential, duplex multifamily residential, multifamily residential townhouse and mobile home park zoning districts only on property owned, leased, or otherwise controlled by the city or other government entity. ' Recommendation Staff recommends Option 2. The applicant has stated that his proposed code amendment ' makes sense it that it will allow via Conditional Use Permit a telecommunications facility to be placed at an existing substation rather than requiring a new facility to be constructed on an adjacent park. Placing a telecommunications facility at a substation site with an existing bulk ' and scale that would diminish visual impacts of the facility is appropriate. It is staff's determination that additional expansion of the permitted locations for telecommunications facilities has not been determined necessary at this time. The proposed staff recommendation is as follows: Amend the note for single family residential, duplex multifamily residential, multifamily i residential townhouse and mobile home park zoning districts: 15.04.065 Transportation, public, and utilities land use development conditions. 8. If on property owned, leased, or otherwise controlled by the city or other government entity or developed as a Puget Sound Energy Substation subject to KCC 15.08.035(I). , Amend: 15.08.035 Wireless telecommunications facilities. I. Conditional use permits I. Conditional WTF uses. Specifically, conditional use permits shall be required for the following ' WTFs: b. Government property. Locating WTFs (1) separate from existing structures on property , owned, leased, or otherwise controlled by the city or other governmental entity, or on property developed as a Puget Sound Enerov Substation, or (2) attached to existing structures on property owned, leased, or otherwise controlled by the city or other governmental entity , exceeding the height limitations in subsection (1-1)(2)(b) of this section, but only on the condition that the total height of the attached WTF, including the structure, does not exceed one hundred twenty (120) feet, unless permitted under subsection (I)(1)(a) of this section; ' however, this subsection shall not apply in DC, DCE, and NCC districts. LUPB Public Hearing September 24, 2007 ZCA-2007-1 Page 2 of 3 13 ' The SEPA Responsible Official has determined that the proposal represents procedural actions that are exempt from further environmental review. Staff will be present at the September 24tn public hearing to further discuss the proposal. CA pm5lPermitIPlanIZONECODEAMEND120071ZCA-2007-4 ClearwtreTeleCommFacrGhesi5taffreport092407doc ' Enclosures. Application for code amendment Maps from Comprehensive Plan Puget Sound Energy Electrical System and Telecommunications Copy of KCC 15 08 035 cc Fred N Satterstrom,AICP,CD Director Project File 1 LUPB Public Hearing September 24, 2007 ZCA-2007-1 Page 3of3 ' I I Servi2es Location'400 W.CaOw@ MaH to:220 41h Arerue.SQutlt"T,Kork WA 9SOU-5895 � Permit Center(M)856-5302 FAX:(2W)856-U12 V KENT www.d.kentwa.us/pennttoenter wawworow PUNNING SERVICES Code Text Amendment Public Notice Board and Please print in black Iwfr only. Applicatloe Fee—See Fee Schedule Application #: ZLA -cqV7- KIVA a'-1�-� ' orsree UM OWT orflce UN ora.Y Application Name: & mdru ' Code Text Amendment Requested: ' AMENDMENT TO ZONING CODE MENDMENT TO SUBDIVISION CODE ❑AMENDMENT TO MOBILE HOME PARK CODE ' ❑AMENDMENT TO OTHER DEVELOPMENT CODE: (Specify) APPLICANT 1: (mandatoy) Name: �Ll'D !✓RtTO,•J /`i L FAR W1 E Daytime Phone: L0l� 334 Yl!!o Mailing Address: y" 00 <�1 vP //c,1 p/- Fax Number. ' City/State/Zip: Alkk4hel wA ` $g3 Signature: �— APPLICANT 2:(mandatoy d dnem t from applicant t) Name: Daytime Phone: Mailing Address: Fax Number. City/State/Zip: Signature: ' AGENT/CONSULTANT/ATTORNEY:(mandatory if primary contact is different from applicant) Name: Daytime Phone: Mailing Address: Fax Number. City/State/Zip: Signature: ' . . . . . . . . . . . . . . . .JUN 12.2907 . . . . . . . . . . . . . . . . . . . . . . . . . . . . OFFICE USE ONLY: CITY OF KENT DATE APPLICATION RECEIVE gLANNING SERVICES RECEIVED BY: DATE APPLICATION COMPLETE- COMPLETENESS REVIEW BY: CHI-I pxMI5 W24ft p 1 of I RECEIVED SUN i 12007 16 Code Text Amendment Amendment to Zoning Code Request to change the Code to allow wireless facilities in quasi-governmental locations To whom it may concern, Clearwire would like to propose a City of Kent Zoning Code change in order to provide the growing community with multiple options for telecommunications providers while continuing to meet the intent of the code sections being revised. The City of Kent requires that specific questions and issues are considered in a zoning code amendment: 1.) Which ordinance or regulation are you requesting to be amended or added? Kent CiV Code 15.04.060(8) The land-use matrix for allowable uses in the SR-4.5 zone in addressing Wireless facilities under note (8): 8.If on property owned,leased,or otherwise controlled by the city or other government entity subject to KCC 15.08.035(I). Kent City Code 15.08.035(I) The Wireless Telecommunications facility allowances through the Conditional Use Permit process: b. Government property. Locating WTFs(1) separate from existing structures on property owned, leased,or otherwise controlled by the city or other governmental entity or (2) attached to ' existing structures on property owned,leased, or otherwise controlled by the city or other governmental entity exceeding the height limitations in subsection (I1)(2)(b) of this section,but ' only on the condition that the total height of the attached WTF,including the structure, does not exceed one hundred twenty (120)feet,unless permitted under subsection(I)(1)(a) of this section;however, this subsection shall not apply in DC, DCE,and NCC districts. 2.) What do you want to change about the Comprehensive Plan and why? The zoning Code change request would remain consistent unth the Comprehensive Plan. 3.) What language revisions to the code text are you requesting? Clearwire/WA-TAC137 Todd.Walton@adx,ancepernuttmgiic.com 206-334-4116 RECEIVED JUN 11 2007 CITY OF KENT PERMIT CENTER I 1 • 8.If on property owned,leased,or otherwise controlled by the city r other quasi-government like 17 ' entity subject to KCC 15 08.035(1). b. Governmentlq!!gg-garoernmentproperty.Locating WTFs (1) separate from existing structures on ' property owned, leased,or otherwise controlled by the city or other quasi governmental entity or (2) attached to existing structures on property owned,leased,or otherwise controlled by the city or other quasi-governmental entity exceeding the height limitations in subsection(H)(2)(b) of this section,but only on the condition that the total height of the attached WTF,including the structure,does not exceed one hundred twenty(120)feet,unless permitted under subsection 1 (I)(1)(a) of this section;however,this subsection shall not apply in DC, DCE, and NCC districts. 15.08.035 Wireless telecommunications facilities,Section B.Definitions: Quasi-governmental: Including but not limited to utility companies,water districts and other like properties as determined by the Planning Director. ' 4.) What are the effects or impacts related to the proposed amendment? a. How is the proposed amendment consistent with the applicable Comprehensive Plan ' goals and policies? Goal UT-7-Promote the expansion of telecommunication services to all locations within Kent's Planning Area. Provide access by future development to a variety of telecommunications choices. ' Some of the best options within the City of Kent to locate telecommunication facilities are within quasi- governmental facilities, ie. Substations, water tank facilities and Franchised utility providers. These are all examples of existing infrastructure and locations that operate under the same set of circumstances and development restrictions as government owned properties. Policy UT-7.1 -Expand the City's use of the government access channel AT&T Broadband through its cable television communications franchise agreement No aspect of the zoning code amendment would affect or be affected by the City's use of the government channel. Policy UT-7.2-Work with cable television providers in undergrounding new fiberoptic lines i which are necessary to take advantage of new technology and to expand available services. No aspect of the zoning code amendment would affect or be affected by the City's desire to underground new fiber-optic lines. Policy UT-7.3-In recognition and encouragement of the expansion of cellular communications, work with utility providers to find desirable locations for future facilities. Clearwue/WA-TAC137 Todd Walton@advancepermithngltc com 206-334-4116 i PSE is very interested in allowing Clearwire and other carriers the use of}ts substations and other quasi- 18 governmental sites for the purpose of providing telecommunications infrastructure to the City of Kent. The substations serve the community's power needs and as such are in a unique position to provide the areas necessary to further the citizens demands for telecommunications alternatives. Goal UT-8-Review the location of new telecommunications facilities to ensure that proposed locations promote the efficient distribution of services and minimize impacts on adjacent land uses and the environment. The proposed zoning code amendment would allow more sites to become available to the wireless industry thereby increasing the effective distribution of sites while minimizing the need to impact the environment by creating new uses in parks, schools and other government owned property. The result would that of concurrent utility uses on like properties. Policy UT-8.1 -Promote,where possible,the collocation of telecommunication facilities on existing structures or in existing corridors without causing an undue burden on any single utility provider. The zoning code amendment would allow for new sites in existing utility used areas thereby creating collocation opportunities for other carriers seeking to improve their networks at later dates. a. What is the public necessity and/or convenience that requires this amendment? The proposed amendment would allow telecommunications providers additional siting options for their networks thereby granting the Citizens of Kent more options in choosing available and affordable service plans. b. What significance will the proposed amendment have to the commurty? The proposed amendment is intended to open up locations that are typically already providing infrastructure services of some type and shouldn't have an adverse impact or significance to the community. c. What effect will the proposed amendment have on related ordinances,regulations and development standards? All related ordinances, regulations and development standards would still be in place with the exception that type of property not currently available to multiple types of utilities would now be available. d. What impact will the proposed amendment have on: (1) The health safety and general public welfare of the pubhc; No health impacts would be expected. (2) The city design; Clearwire/WA-TAC137 Todd Walton@advancepermittmglic co m 206-334-4116 No impacts on the city design Id be expected. 19 ' (3) Development interests; The proposed amendment would not affect undeveloped properties as they are already in a utility use. 1 (4) Neighborhoods; The proposed amendment would help provide desired infrastructure for neighborhoods without a significant increase to on-going utility use to the sites. (5) Environmentally sensitive areas. All new facilities proposed upon existing utility sites would continue to adhere to all relevant environmental regulations. Please contact me with any questions/comments regarding this request, i Sincerely, Todd Walton Advance Permitting LLC Representing Clearwire LLC 206-334-4116 Clearwire/WA-TAC137 Todd.Walton@advancepermittingllc.com 206-334-4116 L i � - _� �-i� �� � -�_ _-__�_, � ..Q,.........�.............. r+ � SNG6ROOK aeatue-t acoma ,' f Sower �� a ORCLLA srnaYlonal Airport gpW,Lake ,' ;` v R I-- _ '. OR o Q, ji r SYtEPTY1ING Angle take ;' I S 166 St �,.. ;..- S200 d- '< � �EnTncl ` .d... .......t Boeing` mFMPRIAL S 208 ST _ O.' Aerosy,cNt# f�� c , - j - -, _ 1 r i AEROSPACE -" s ( W L - --- _ _ - -- - IZSTm _ ZL t`r � z O'eRIkN KOwWA 211� v i 1!, { 0 y, t- � 18 ST l — �c _ T t Pn i. Q' HT W7 W 1 i�r VFREEWIA�fifL �'.� q� W o11 �.>y 'Z ,r� -I 1 &S M )NES > - �IIIR�NA`� l _ ,� � .ro i y LIQUI cp AjR `[ ;I �.. 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'm I `r� .apes Rp I S 229.3 Ke ti.•i r > r' - - 4 �� /Ln James ST;` I_ z t I` ®S I I 9rnAh ST t#'' � w' "t - uti �, - vt-MeekerIST ; - j ¢ - m - - �4 $j j, — i VjliINSST ti„� _ II_il k I ..i• �•��� 4q -� TI _ d7 - �• � ���'f'' �+� � :, �, �Ali Uf I�•: %.... E 'is �NTULRICH r ' Lake Fenwicik _ chi• iQ 'I 2p y . S �;I �•y *..y'd ® �I ILL •, .�_ .� ;��s27zl�, r ;Ig ...... ......�. . i6 .... ..�.i : FEDERAL %d x W _ ,78tar Lake' Y _ : �I " - .i- ...3-,...1... .4 ST �� Y� ly '1 m • e / � f � _ .i It w / ti. _ 82869� �z - _ D . , Kent City Code 15.08.035 25 15.08.035 Wireless telecommunications facilities. A Purpose and goals The purpose of this section is to establish general guidelines for the siting of wireless telecommunications facilities (WTFs), specifically including, without limitation, towers and antennas, in light of the following goals: 1 1. Protecting residential areas from potential adverse impacts; 2 Enhancing the ability of the providers of wireless telecommunications services to provide those services quickly, effectively, and efficiently; 3. Encouraging location in nonresidential areas; 4. Minimizing the total height of towers within the community; S. Encouraging the joint use of new and existing sites; 6. Encouraging service providers to locate and configure facilities to minimize adverse impacts through careful design, siting, landscaping, screening, and innovative camouflaging techniques, and 7 Considering potential adverse impacts to the public health and safety from these facilities except where preempted by other laws, rules, and regulations In furtherance of these goals, the city shall give due consideration to the city's comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of WTFs, including towers and antennas. B. Definitions. As used in this section only, the following terms shall have the meanings set forth below. Abandon or abandonment means: 1. To cease operation for a period of one hundred eighty (180) or more consecutive calendar days, or 2. To reduce the effective radiated power of an antenna by seventy-five (75) percent for one hundred eighty (180) or more consecutive calendar days unless new technology or the construction of additional cells in the same locality allows reduction LUPB Hearing September 24, 2007 Kent City Code 15.08.035 26 of effective radiated power by more than seventy-five (75) percent, so long as the operator still serves essentially the same customer base. Antenna means any exterior transmitting or receiving device used in communications that radiates or captures electromagnetic waves Backhaul network means the lines that connect a provider's WTFs/towers/cell sites to , one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. Camouflage means to disguise, hide, or integrate with an existing or proposed structure or with the natural environment so as to be significantly screened from view. Co-locate means use of a WTF by more than one (1) service provider. COW means cell on wheels or Cellular on Wheels. EIA means Electronic Industries Association. FAA means the Federal Aviation Administration. FCC means the Federal Communications Commission. Guyed tower means a wireless communication support structure which is typically over one hundred (100) feet tall and is steadied by wire guys in a radial pattern around the tower. Height means, when referring to a tower or other WTF, the distance measured from the finished grade of the parcel at the base of the WTF to the highest point on the tower or other WTF, including the base pad and any antennas. Lattice tower means a support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section Monopole tower means a support structure which consists of a single pole sunk into the ground and/or attached to a foundation. Non-whip antenna means an antenna that is not a whip antenna, such as dish antennas, ' panel antennas, etc. LUPB Hearing September 24, 2007 ' Kent City Code 15.08.035 27 Preexisting WTF means any WTF for which a building permit has been properly issued prior to July 7, 1997, including permitted WTFs that have not yet been constructed, so long as that permit or approval has not expired. Telecommunications means the transmission, between or among points specified by the user, of information of the user's choosing without change in the form or content of the information as sent and received Telecommunications service means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Tower means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telecommunications, telephone, radio, and similar communication purposes. The term includes the structure, all structural Isupports, and all related buildings and appurtenances Whip antenna means an omen-directional dipole antenna of cylindrical shape that is no more than six (6) inches in average diameter. Wireless telecommunications facility or WTF includes "personal wireless service," "personal wireless service facilities,"and "facilities" as defined in Title 47, United States Code, Section 332(c)(7)(C), including all future amendments, and also includes facilities for the transmission and reception of radio or microwave signals used for communication, telecommunication, cellular phone personal communications services, enhanced specialized mobile radio, and any other services licensed by the FCC, and also includes any other unlicensed wireless services. C. Applicability 1. New uses. All WTF proposals made in the city, whether for new construction or for modification of existing facilities, shall be subject to the regulations set forth in this code, except as provided in subsection (D) of this section. D. Exemptions The following are exempt from the provisions of this section and are allowed in all zoning districts. LUPB Hearing September 24, 2007 Kent City Code 15.08.035 28 1 Existing uses WTFs that currently exist on July 7, 1997, or for which a valid building permit has been obtained and remains in effect on July 7, 1997, except this exemption does not apply to modifications of existing facilities. 2. Industrial/scientific equipment. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC 3 Amateur radio station operators or receive-only antennas. Any tower or antenna , that is under seventy (70) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas 4 Home satellite services Satellite dish antennas less than two (2) meters in diameter, including direct-to-home satellite services, when used as a secondary use of the property. 5. COW A COW or other temporary WTF, but its use anywhere in the city cannot exceed thirty (30) days, unless extended by permit issued by the planning manager or unless the city has declared an area-wide emergency 6. Public safety WTFs and equipment Public safety WTFs and equipment, including, but not limited to, the regional 911 system. E. General. 1. Principal or accessory use WTFs may be considered either principal or accessory uses A different use of an existing structure on the same lot shall not preclude the , installation of WTFs on that lot 2. Not essential services. WTFs shall be regulated and permitted pursuant to this S section and shall not be regulated or permitted as essential public services F General requirements. 1 Siting. Anyone who applies to construct a WTF or to modify or add to an existing WTF shall demonstrate to the city's satisfaction that the proposed facility is located at the least obtrusive and the most appropriate available site to function in the applicant's grid system. WPB Hearing September 24, 2007 Kent City Code 15.08.035 29 2 FCC licensing. The city will only process WTF permit applications upon a satisfactory showing of proof that the applicant is an FCC licensed telecommunications provider or that the applicant has agreements with an FCC licensed telecommunications provider for use or lease of the facility. 3. Compliance with other laws Applicants must show, to the satisfaction of the planning manager, compliance with current FCC and FAA rules and regulations and all other applicable federal, state, and local laws, rules, and regulations 4. Lot size. For purposes of determining whether the installation of WTFs complies with district development regulations including, but not limited to, setback requirements, lot-coverage requirements, and other requirements, the dimensions of the entire lot shall control, even though the WTFs may be located on leased parcels within that lot 1 5 Height Unless further restricted or expanded elsewhere in this section, no WTFs may exceed the following height and usage criteria: 1 a. For a single user, up to ninety (90) feet in height; and b. For two (2) or more users, up to one hundred twenty (120) feet in height. 6. Security fencing WTFs shall be enclosed, where appropriate, by security fencing not less than six (6) feet in height, provided however, that the planning manager or, where applicable, the hearing examiner may waive these requirements, as appropriate 7. Landscaping. WTFs shall be landscaped with a buffer of plant materials that effectively screens the view of the WTF compound, provided, however, that the planning manager or, where applicable, the hearing examiner may waive these requirements if the goals of this section would be better served 8. WTFs mounted on structures or rooftops. WTFs mounted on existing structures or 1 rooftops shall be designed and located so as to minimize visual and aesthetic impacts to the adjoining land uses and structures and shall, to the greatest extent practical, blend into the existing environment. 9. Aesthetics. WTFs shall meet the following requirements: LUPB Hearing September 24, 2007 Kent City Code 15.08.035 30 l a. WTFs shall be painted a neutral color so as to reduce visual obtrusiveness. b At a WTF site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend into the existing natural and constructed environment 10. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority If lighting is required for any WTF, the lighting must cause the least disturbance to the surrounding area 11. Measurement For purposes of measurement, WTF setbacks and separation distances shall be calculated and applied irrespective of municipal and county jurisdictional boundaries. 12. Franchises, licenses, and permits. Owners and/or operators of WTFs shall certify that they have obtained all franchises, licenses, or permits required by law for the construction and/or operation of a wireless telecommunication system in the city and , shall file a copy of all required franchises, licenses, and permits with the planning manager 13 Signs No signs shall be allowed on an antenna or tower. 14 Backhaul providers Backhaul providers shall be identified and they shall have and maintain all necessary approvals to operate as such, including holding necessary franchises, permits, and certificates. The method of providing backhaul, wired or wireless, shall be identified G Tower requirements. 1. Tower setbacks All towers, support structures, and accessory buildings must satisfy the minimum setback requirements for that zoning district. 2 Support systems setbacks All guywires, anchors, and other support structures must be located within the buildable area of the lot and not within the front, rear, or side yard setbacks and no closer than five (5) feet to any property line. 3 Monopole construction required. All towers will be of a tapering monopole construction; however, the planning manager or, where applicable, the hearing examiner may allow another type tower upon a showing that it would cause less LUPB Hearing September 24, 2007 , Kent City Code 15.08.035 31 impact to the surrounding property than a similar monopole structure or would further the purposes and goals in this section. 4. Inventory of existing saes. Each applicant for a tower shall provide an inventory of its existing WTF sites that are either within the jurisdiction of the city or within one (1) mile of its borders, including specific information about the location, height, and design of each facility. 5 EIA standards Towers shall be constructed so as to meet or exceed the most recent EIA standards Prior to issuance of a building permit, the building official shall be provided with an engineer's certification that the tower's design meets or exceeds those standards 6. Site selection and height Towers shall be located to minimize their number and height and to minimize their visual impacts on the surrounding area in accordance with the following policies• Ia. Ensure that the height of towers has the least visual impact and that the height is no greater than necessary to achieve service area requirements and to provide for potential co-location; and b Demonstrate that the owner or operator has, to the greatest extent practical, selected a new tower site that provides the least visual impact on residential areas. This shall include an analysis of the potential impacts from other vantage points in the area to illustrate that the selected site and design provides the best opportunity to minimize the visual impact of the proposed facility; and c Site so as to minimize being visually solitary or prominent when viewed from surrounding areas, especially residential areas. The facility should be camouflaged to the maximum extent feasible j7. Co-location priority. Co-location of antennas by more than one (1) carrier on existing towers is preferred to construction of new towers, provided, that the co- location is consistent with the following: a. Redesign restrictions. A tower that is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower LUPB Hearing September 24, 2007 Kent City Code 15.08.035 32 type as the existing tower, or of a less obtrusive design (such as a monopole), if practical b Height. Except as may be modified in subsection (I)(1)(a) of this section, an existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the tower's existing height or one hundred twenty (120) feet, whichever is lower, to accommodate the co-location by another provider or operator of an additional antenna system in any district except DC, DCE, NCC, and all SR districts. This additional height shall not require an additional distance separation. c. Onsfte relocation. A tower that is being rebuilt to accommodate the co-location of an additional antenna may be relocated on Its existing site within fifty (50) feet of Its existing location If consistent with the purposes and goals in subsection (A) of this section, the planning manager or, where applicable, the hearing examiner, may permit the onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands 8 Separation distances between towers. Separation distances between towers shall be measured between the proposed tower and preexisting towers. Measurement shall be from base of tower to base of tower, excluding pad, footing, or foundation. The separation distances shall be measured by drawing or following a straight line between the nearest point on the base of the existing tower and the proposed tower base, pursuant to a site plan of the proposed tower The separation distances (listed in linear feet) shall be as shown in Table 1, unless the distance is reduced by the planning manager when administratively approving a WTF or by the hearing examiner through Issuance of a conditional use permit Table 1 Mono-pole 75 feet in Mono-pole less than Lattice Guyed height or greater 75 feet in height Lattice 5,000 5,000 1,500 750 Guyed 5,000 5,000 1,500 750 Monopole 75 feet in 1,500 1,500 1,500 750 height or greater Monopole less than 750 750 750 750 75 feet in height LUPB Hearing September 24, 2007 ' Kent City Code 15.08.035 33 H. Administratively approved WTFs The planning manager may administratively approve the uses listed in this subsection, once each applicant has applied for and provided all necessary information required in this code and in the city's application form. This administrative approval is classified as a Process I application and is subject to the requirements of Ch 12 01 KCC. 1. Administratively approved uses The following uses may be approved by the planning manager after conducting an administrative review: a. Industrial/commercial zones Locating WTFs, including the placement of additional buildings or other supporting equipment used in connection with WTFs, that do not exceed ninety (90) feet in height for a single user and one hundred twenty (120) feet in height for two (2) or more users in the following districts. MA, M1, M1-C, M2, M3, CM-1, CM-2, GC, and GWC. 1 b Antennas on existing structures Locating a WTF other than a tower as an accessory use by attachment to any building or structure other than a single- family dwelling or multifamily structure of fewer than eight (8) dwelling units in any zoning district provided: i. The antenna does not extend more than twenty (20) feet above the highest point of the structure if a whip antenna, or ten (10) feet above the highest point of the structure if a non-whip antenna; and ii The antenna complies with all applicable building codes; and iii. All associated equipment is placed either within the same building or in a separate structure that matches the existing building or structure in character and materials. I c. WTFs on existing towers. Locating a WTF through co-location by attaching the antenna to an existing tower. d. WTFs within allowable building height Locating WTFs, including placement of additional buildings or other supporting equipment used in connection with the WTF in O, CC, MRG, MRM, MRH, AG, and A-10 districts, so long as the WTF does not exceed the allowable building height for that district LUPB Hearing September 24, 2007 Kent City Code 15.08.035 34 e. COWS for greater than thirty (30) day penods Upon a proper showing of extreme necessity (for example, if repair or modification of an existing WTF clearly and legitimately cannot be completed within thirty (30) days), locating a COW at a single location for more than thirty (30) calendar days, however, purely economic convenience shall not be considered a viable factor in making this determination. 2. Authority to waive certain requirements. In connection with this administrative approval, the planning manager may, in order to encourage camouflaging and co- location of WTFs, administratively waive separation distance requirements between WTFs by up to fifty (50) percent in nonresidential zones Additionally, the planning manager may, in order to encourage the use of the least obtrusive type of WTF, administratively allow the reconstruction of an existing WTF to that less obstructive use. , I. Conditional use permits Applications for conditional use permits under this subsection ' shall be subject to the procedures and requirements of KCC 15 09 030 and Ch 12 01 KCC, except as modified by this subsection. If the WTF is not subject to administrative approval pursuant to subsection (H) of this section, then a conditional use permit shall be required. 1. Conditional WTFuses. Specifically, conditional use permits shall be required for the following WTFs a. Industrial/commercial zones Locating WTFs that exceed ninety (90) feet in height for a single user or one hundred twenty (120) feet for two (2) or more users or locating antennas on existing structures that exceed the height limitations in subsection (1-1)(2)(b) of this section in the following districts: MA, M1, M1-C, M2, M3, CM-1, CM-2, GC, and GWC b. Government property. Locating WTFs (1) separate from existing structures on ' property owned, leased, or otherwise controlled by the city or other governmental entity or (2) attached to existing structures on property owned, leased, or otherwise controlled by the city or other governmental entity exceeding the height limitations in subsection (1-1)(2)(b) of this section, but only on the condition that the total height of the attached WTF, including the structure, does not exceed one hundred twenty (120) feet, unless permitted under subsection LUPB Hearing September 24, 2007 jKent City Code 15.08.035 35 (I)(1)(a) of this section; however, this subsection shall not apply in DC, DCE, and NCC districts. c. WTFs exceeding allowable building height. Locating WTFs that exceed the allowable building height in the following districts O, CC, MRG, MRM, MRH, AG, and A-10. d. Tower construction under allowed separation distances Locating towers that do not meet the separation distance requirements in subsection (G)(8) of this section or that do not meet administratively approved separation distance limits. 2. Factors considered in granting conditional use permits for towers In addition to KCC 15.09 030(D), the hearing examiner shall also consider the following factors when considering a CUP application for WTF towers' a. Height of the proposed tower; ' b Proximity of the tower to residential structures and residential district boundaries; c Nature of uses on adjacent and nearby properties; 1 d Surrounding topography; e. Surrounding tree coverage and foliage; f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; g. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures; h. Obstruction of or interference with views; 1. Consistency with purpose and goals set forth in subsection (A) of this section. 3. Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the hearing examiner that no existing tower, structure, or alternative technology that does not require the use of towers can accommodate the applicant's LUPB Hearing September 24, 2007 Kent City Code 15.08.035 36 proposed WTF. An applicant shall submit information requested by the hearing examiner related to the availability of suitable existing towers, other structures, or alternative technology Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant's proposed WTF may consist of any of the following: a. No existing WTF is located within the geographic area that meets applicant's engineering requirements. b. Existing WTFs are not of sufficient height to meet applicant's engineering requirements. c Existing WTFs cannot practically be reconstructed to provide sufficient structural strength to support applicant's proposed antenna and related equipment d. Electromagnetic interference would occur between two (2) or more WTF systems e. The fees, costs, or contractual provisions required by the owner in order to share an existing WTF or to adapt an existing WTF for co-location are unreasonable. Fees or costs that exceed new WTF development shall not be presumed to render sharing facilities unsuitable f. Other limiting factors render existing WTFs unsuitable. g. An alternative technology that does not require the use of towers or structures would be unsuitable. Costs of alternative technology that exceed new WTF development shall not be presumed to render the technology unsuitable. 4. Separation requirements. The hearing examiner may reduce tower separation distance requirements, including administratively approved separation distance reductions, if the purposes and goals of this section would be better served; however, development of multiple tower locations on a single site (often referred to as "antenna farms") are specifically discouraged wherever possible I Removal of abandoned towers. LUPB Hearing September 24, 2007 Kent City Code 15.08.035 37 1. Abandonment and removal. The owner or operator of any abandoned tower shall notify the city's planning manager, in writing, of that abandonment and shall remove the same within ninety (90) calendar days. Failure to remove an abandoned tower within ninety (90) calendar days shall be grounds to remove the tower at the owner's expense. If there are two (2) or more users of a single tower, then the city's right to remove the tower shall not become effective until all users abandon the tower. 2 Partial abandonment and removal. If the antennas on any tower are removed or relocated to a point where the top twenty (20) percent or more of the height of the tower is no longer in use, the tower shall be deemed partially abandoned The owner or operator of any partially abandoned tower shall notify the city's planning manager, in writing, of that partial abandonment and shall remove the partially abandoned portion within ninety (90) calendar days Failure to remove a partially abandoned tower within ninety (90) calendar days shall be grounds to remove the abandoned portion of the tower at the owner's expense. 3. Security and lien. Each applicant, prior to commencement of construction, shall post sufficient security in the form of a bond, assignment of funds, cashier's check, or cash, in a form acceptable to the city, to cover the estimated cost of demolition or removal of the tower and support structures, including complete site restoration. If for any reason the posted funds are not adequate to cover the cost of removal, then the city may charge the facility owner or operator with the city's total cost incurred in removing the abandoned structures If the owner or operator fails to make full payment within thirty (30) calendar days, then the amount remaining unpaid shall become a lien on the facility property. K Nonconforming uses. 1. Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted. Any construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section 2. Damage or destruction not the fault of owner/occupant Bona fide nonconforming WTFs that are damaged or destroyed without fault attributable to the owner or entity in control may be rebuilt without first having to obtain administrative approval or a conditional use permit and without having to meet separation requirements. The LUPB Hearing September 24, 2007 i Kent City Code 15.08.035 38 type, height, and location of the tower onsite shall be of the same type and Intensity as the original facility. Building permits to rebuild the facility shall comply with applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if the permit expires, the tower or antenna shall be deemed abandoned as specified in subsection (3) of this section. (Ord No 3424, § 30, 11-17-98; Ord. No 3600, § 4, 5-7-02; Ord. No. 3612, § 7, 8-6- 02) 51Pei itiP/anIZ01VECOOEAMEN0120071ZC4-7007-4 Clear ,re7e/eCOMMFacfitsJKCC 1508035doc i LUPB Hearing September 24, 2007 I Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: 2007-09 COMPETITIVE GROWTH MANAGEMENT ACT PLANNING GRANT, MIDWAY—ACCEPT AND AUTHORIZE 2. SUMMARY STATEMENT: Accept the Competitive Growth Management Act Planning Grant in the amount of$125,000, authorize the Mayor to sign the contract with Washington State Department of Community Trade and Economic Development and approve the expenditure of funds. The grant monies will be used collaboratively by the Cities of Kent and Des Moines to develop land use policies, development regulations and implementation strategies within the high-capacity transit corridor of Pacific Highway South (SR-99). 1 3. EXHIBITS: Minutes and Agenda Packet of 11/19/07 PEDC Meeting and Grant Application 4. RECOMMENDED BY: Planning & Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Yes Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund Amount $125,000 Unbudgeted Revenue: Fund Amount $125,000 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D ) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 19, 2007 Committee Members: Chair Ron Harmon, Elizabeth Albertson, Tim Clark. Chair Harmon called the meeting to order at 6:00 p.m. Approval of Minutes: Clark MOVED and Albertson SECONDED a MOTION to approve the minutes of October 8, 2007. Motion PASSED 3-0. #ZCA-2007-4 Clearwire Wireless Telecommunications Facilities (WTF) Amendment Planning Manager Charlene Anderson reported that the Land Use and Planning Board unanimously recommended approval to add language that would amend the Kent Zoning Code to allow WTF's via Conditional Use Permit in residential zoning districts on properties developed as a Puget Sound Energy (PSE) Substation. After City Attorney Tom Brubaker clarified sites where WTF's would be least obtrusive, the Committee deliberated, opposing allowing additional WTF sites. Harmon MOVED and Albertson SECONDED a MOTION to not change existing Code, thereby DENYING this recommendation. Motion PASSED 3-0. #CPA-2007-4/#CPZ-2007-2 Midway Subarea Plan Planner Gloria Gould-Wessen stated that Community Trade and Economic Development (CTED) awarded the City of Kent a $125,000 grant to be used to conduct a collaborative subarea planning effort in Midway with the City of Des Moines. Ms. Gould-Wessen stated she will be arranging a kick-off meeting for late January 2008 to be held with the City of Des Moines' Financial & Economic Development Committee and Kent's PEDC for the purpose of defining the project boundary, establish a mission statement and project goals, and determine the make up of the Steering Committee. She anticipates the Steering Committee beginning work early spring, followed by the launch of an interactive project website, and later in the year holding a series of public open houses and workshops. Ms. Gould-Wessen stated that the goal is to develop planning documents that will help to create a vibrant and sustainable urban village within a high-capacity transportation corridor. She stated that grant deliverables will be due June 15, 2009. Albertson MOVED to authorize the Mayor to sign the contract with Washington State Department of Community Trade and Economic Development to accept $125,000 from the 2007-2009 Competitive Growth Management Act Planning Grant. Clark SECONDED the Motion which PASSED 3-0. Annual Comprehensive Plan Amendments Planning Manager Charlene Anderson stated staff did not received any comprehensive Plan Amendment applications this year. Community Development Director Fred Satterstrom stated that since Council has clearly stated what they want for the Community in terms of residential development, he believes this to be the reason why the City did not receive any CPA application submittals this year. #ZCA-2006-3 Residential Development Standards Update Planner Matt Gilbert stated that the new residential development standards went into effect April 2007. He stated that staff has developed brochures which will soon be provided to the ' PEDC Minutes November 19, 2007 Page 1 of 2 3 COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES 1 KEN T Charlene Anderson, AICP, Manager w,s..���To� Phone, 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S. Kent, WA 98032-5895 November 12, 2007 To: Chair Ron Harmon and Planning & Economic Development Committee Members From: Gloria Gould-Wessen, AICP, GIS Coordinator/Long Range Planner Subject: 2007-2009 Competitive GMA Planning Grant for Midway Subarea Plan For the meeting of November 19, 2007 MOTION: I move to authorize the Mayor to sign the contract with Washington State Department of Community Trade and Economic Development to accept $125,000 from the 2007-2009 Competitive Growth Management Act Planning Grant. SUMMARY: On October 29, 2007, the City of Kent was notified by the State of Washington Department of Community Trade and Economic Development (CTED) of being selected to receive a Competitive Growth Management Act Planning Grant for the amount of $125,000. As was presented to the Planning and Economic Development Committee (PEDC) on October 8, 2007 (see 10/8/07 packet for grant application), the intent of the grant is to collaboratively develop land use policies, development regulations, and implementation strategies within the high-capacity transit corridor of Pacific Highway South (SR-99). Kent is the project lead and will work jointly with the City of Des Moines in the visioning process. The resulting planning products will reflect the individual needs of each of our cities with a focus on reconciling inconsistent development regulations along the shared borders. The grant will support an extensive public planning effort for the Midway and Pacific Ridge Areas, and is expected to result in a subarea plan for the City of Kent. The visioning process will be dynamic and inclusive, employing new technology such as virtual reality, flash movies, and web based surveying platforms, as well as traditional methods, to help create a shared vision for the area. Staff will bring together state and regional transportation agencies, large property owners, businesses, and residents to find solutions that reflect the goals and needs of the community. In early January 2008, contracts will be executed with deliverables due June 15, 2009. BACKGROUND: The joint planning effort by the Cities of Kent and Des Moines will be mutually beneficial. A primary goal will be to assess the differences in development regulations for properties located within the "zipper" border and create regulations that are consistent, facilitating development for properties that are split between the two jurisdictions. The following are other potential objectives suggested thus far: • Develop complimentary design guidelines along the border; ■ Coordinate with Highline Community College in the development of their Campus Master Plan; • Enhance Highline Community College visibility along the regional transportation corridor; 11/19/07 PEDC ' CTED Grant—Midway Subarea Planning 4 Page 2 of 2 • Work with METRO in the development, design, and placement of BRT transit stops; ■ Identify a preferred light rail corridor alignment and station locations; • Promote commercial and housing development that supports mass transit; ■ Increase housing opportunities and choices, Including workforce housing; • Mitigate potential loss of affordable housing due to redevelopment; ■ Sign an interlocal agreement to facilitate the permit process for parcels with split-zoning; and ■ Simplify development review and approval process. This lengthy planning process will ensure that the Cities of Kent and Des Moines will be positioned for redevelopment along this critical transportation corridor. By focusing our combined energies on what the future could hold for the area, we will be ready to guide development in such a way that jobs are created, Highline Community College becomes Integrated Into the community as it grows, there are great places to live and play that take advantage of the great view and proximity to a wide range of transportation options. The project has an aggressive schedule. We are seeking to arrange a kick-off meeting for late January 2008 that will be held jointly with the Des Moines Financial and Economic Development Committee and Kent's PEDC for the purpose of producing the following products: • Define the project boundaries; • Establish a mission statement; ■ Establish project goals; and • Determine the make up of the Steering Committee. The Steering Committee will begin work in early spring, followed by the launch of the interactive project website, and then later in the year, a series of public open houses and workshops will be held. Staff anticipates making progress reports periodically to the PEDC and the Land Use and Planning Board. Grant deliverables include: i • Report on existing conditions; ■ • Content of webpage; • Results of web based public visioning; ■ A"How To"guidebook on the use of virtual reality software and web based public visioning; ■ Consistent land use and development regulations along "zipper" border; ■ Preferred high-capacity transit route and station location; ■ Zoning amendments for Transit Oriented Development (TOD) overlay for Kent and Des Moines; • Zoning and land use amendments for Des Moines to reflect preferred transit alignment; and • Midway Subarea Plan for Kent. Resolutions will be developed by both cities that will guide the project forward and outline responsibilities in order to manage the grant. We anticipate bringing the resolution forward early in 2008. CA\GGW\pm 5 IPermitlPlal?J=120081111907 PEDC Reportdoc Eric Attachment A—CTED letter awarding grant cc Fred N Satterstrom,AICP,Community Development Director Ben Wolters,Economic Development Director Larry Blanchard,Director Public Works Project File-CPA-2007-4 r RECEIVED ���,were of cJ _ x OCT 3 0 2007 y` �xt 1889�� CITY OF KENT r!_ANNING SEPVICES STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT 128- 10' Avenue SW•PO Box 42525 • Olympia, Washington 98504-2525• (3600 725-4000 ' October 29, 2007 The Honorable Suzette Cooke Mayor of Kent 220 Fourth Avenue South Kent, Washington 98032-5895 Dear Mayor Cooke: iI am pleased to inform you that the City of Kent was selected by the Washington State Department of Community, Trade and Economic Development(CTED)to receive a Competitive Growth Management Act Planning Grant. The grant is awarded through Growth Management Services(GMS)to develop land use policies, development regulations and implementation strategies within the high capacity transit corridor of Pacific Highway South Development of the plan will utilize a public process that connects with a broader community base by employing traditional and new methodologies such as. virtual reality and web based surveying platforms The plan will create a shared vision for the area The amount of the grant is$125,000. Funding will be allocated into both state fiscal years of the 2007- 2009 biennium for this project The City of Kent will have until June 30, 2008, to expend $75,000 The remainder of the grant, $50,000, will be available in the next state fiscal year, which begins on July 1, 2008, and expires on June 30, 2009 Please be aware that if funding to CTED is reduced before the completion of your contract then the grant award may be reduced accordingly. The GMS planner assigned to work with you on this grant is Sam Wentz He will be contacting you within the next few days to discuss the scope of work and arrangements to monitor the grant. You can contact your assigned planner at(360) 725-3063 or email SamW@cted.wa.gov. Congratulations on your successful proposal I think your project will become a good example of effective planning that other Washington jurisdictions may use or emulate. Sincerely, 't 'Za' ' Marijo Olson Acting Assistant Director Local Government Division r The Honorable Suzette Cooke 6 October 29, 2007 Page 2 cc: Senator Karen Keiser Representative Shay Schual-Berke Representative Dave Upthegrove Gloria Gould-Wessen, AICP,GIS Coordmator/L,ong Range Planner, City of Kent Sam Wentz, AICP,CTED Growth Management Services i i I 1 I I 1 l f ' 1 I 7 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER Sr 2007 Committee Members: Chair Ron Harmon, Elizabeth Albertson. Chair Harmon called the meeting to order at 5:00 p.m. citing Tim Clark's absence. Approval of Minutes: Albertson MOVED and Harmon SECONDED a MOTION to approve the minutes of September 10, 2007. Motion PASSED 3-0 with Clark's concurrence. 1 Midway Subarea Plan Planner Gloria Gould-Wessen explained that the City of Kent has submitted a GMA grant application to Washington State Department of Community Trade and Economic Development (CTED). Ms. Wessen stated that if awarded, Kent will be granted $125,000 which will allow Kent to engage in a collaborative effort with the City of Des Moines on a public visioning process. Ms. Wessen stated that the planning process will include looking at high-capacity transit improvements along Pacific Highway South at the I-5 interchange with Kent-Des Moines Road, future land uses, redevelopment potential, and reconciling inconsistent land use goals and policies and development regulations along the zipper border with Des Moines. She described existing land uses along Military Road, Pacific Highway South and a portion of the Y at the north end of Kent. Ms. Wessen stated that grant funds would be used to hire a consultant and to purchase virtual reality software for public visioning. She stated that the planning process will require a Resolution of Agreement, the establishment of a Steering Committee to include City Council members, with a preferred alternative selected through the public process. Ms. Wessen encouraged Council participation. Ms. Wessen stated that the City may create a Transit Oriented Development Overlay and may identify areas for a Planned Action Ordinance. Ms. Wessen stated that potential products I resulting from this plan would include: Consistent Land Use Goals & Policies, Consistent Development Regulations, a Subarea Plan, a preferred light rail alignment and station locations and a "how to" manual on the use of technology in public processes. Ms. Wessen stated that whether or not the grant is approved, the City of Des Moines will participate in a planning effort with Kent in the Midway and Pacific Ridge areas. j Ms. Wessen stated that she would return to the Planning & Economic Development Committee in November with an update. Commercial Development Standards Planner William Osborne stated that the intent of this project is to explore ways to revitalize commercial development, encourage redevelopment, and align it with the City of Kent's ' Strategic Goals & Plans. Osborne stated that the Land Use and Planning Board (LUPB) will hold a workshop this evening to discuss this item. He stated that public participation will continue. He has heard a number of concerns from the community, which he will address and include in an amended report. He stated that it is likely this item will go to a LUPB hearing in January. ' PEDC Minutes October 8, 2007 Page 1 of 2 9 Local Government Division Competitive GMA Planning Grants ' 2007-2009 ! APPLICATION „J This form is used to apply for a competitive growth management grant from the Washington State Department of Community, Trade and Economic Development (CTED) Be sure to answer each question clearly and with sufficient detail. Information on how to address the questions can be found in the Competitive Grant Application lnstruchons which was attached to this application form or available online at www cted wa gov/growth For additional information or questions, please contact the GMA Competitive Grant Coordinator at (360) 725- 3051 or email gmsgrants(i�cted wa.gov, or contact your assigned planner (see tattached map) Section 1 : Proposal Request Develop land use policies, development regulations, and implementation strategies within the high-capacity transit corridor of Pacific Highway South (SR-99) utilizing a public process that connects with a broader community base by employing traditional 1 methods and new methodologies (i e., virtual reality, web based surveying platforms)to create a shared vision for the area fiat'tevel 6 n ing are you"requesting rom o accomplish is _,. ur[ pose? $125,000.00 i t 10 Section 2: Jurisdiction Information plying Juisdiclion M City of Kent Joint Appli6ms. City of Des Moines :)rcilect Manager Name' Gloria Gould-Wessen, AICP Title GIS Coordinator/Long Range Planner Department Community Development — Planning Services Mailing Address 220 Fourth Ave South City Kent State WA uip,;Ctd 98032-5895 Telephone Number 253 856 5441 Fax Number 253 856 6454 Email ggould-wessen@ci kent wa us Da you wish to receive information and materials via emaiI? ;j , Yes ❑x No ❑ Financial Contact Name Gloria Gould-Wessen, AICP Title GIS Coordinator/Long Range Planner Department Community Development — Planning Services Mailing Address 220 Fourth Ave South City Kent State WA 111.46dip Cade , 98032-5895 Telephone Number 253.856 5441 Fax Number 253.856 6454 E-mail ggould-wessen@ci.kent wa.us l'ederal Tax Identification Number 91-6001254 „Statewide-Ve6d6r(SWV)Number Kent does not have a SWV#, but our DUNN# is 020253613 2 , 11 Section 3: Eligibility Requirements �'!-f Does y6Ue'jur'isdidon(s) have an adopted 6oriiprehensitre plan; ,0ritical ,il; " areas ordinance and/or, where'applicable, a natural resources lands ordinance? [H] YES ❑ NO „ :� ' ' I�as your jurisdictiori(s)�adopted other necessary developr•nenf regulations under the GMA, including ordinances for subdivision of land, controls on the location and intensity of development (Le , zoning code) and critical areas? 7$:3�` --Is your jurisdictions) in cc rrtpliance with all'G�iIA raquirements? ❑ NO . 1 Section 4: General Grant Review (100 Points) This section provides information about the project, its proposed schedule and ' the final product it will generate. The applicant must prepare the following "Statement of Work", which will be examined in detail during the grant review process. It will become part of a contract if the grant is awarded. tApplicants are not limited to the number of lines represented on the grant application form. Additional lines will most likely be necessary. t4r1. Prcvide;a complete statement of work for the project. >� Statement of Work Goals/Actions/ Description Start End Deliverables Date Date Goal 1 0 To implement a variety of computer technologies to facilitate and enhance the community visioning process for the Pacific Highway Transportation Corridor Study Area PHTC strategic planning effort Action 1 1 Select and purchase preferred virtual reality 1/2/08 1/29/08 software and training package for Kent and Des Moines 1 3 12 Action 1 2 Build virtual reality platforms for use in 1/29/08 4/30/08 community visioning process Action 1 3 With assistance from a consultant, develop 1/29/08 5/15/08 web-based community visioning process Deliverable 1.4 Provide link and hard copy of final web 1/29/08 6/15/09 page for the Cities of Kent and Des Moines , Deliverable 1 5 Write a 'How To' guidebook based on the 11/15/08 6/15/09 lessons learned from using virtual reality software and web-based tools for public visioning process (i e , hardware requirements, software used, staff time commitment; and assessment of the public's use), and produce 20 booklets Goal 2 0 To develop consistent goals, land use policies, development regulations and implementation strategies along the Pacific Highway Transportation Corridor Study Area based on community input that uniquely reflects Kent and Des Moines. Action 2.1 Audit land use goals, policies and 1/2/08 2/1/08 development regulations for consistency in Kent and Des Moines Action 2.2 Inventory environmental conditions, utility 1/2/08 2/15/08 service and availability, existing businesses, and land use capacity for Kent Deliverable 2 3 Draft assessment report of existing 1/2/08 2/28/08 conditions within Kent and Des Moines Action 2 4 Working with consultants, develop a 1/2/08 5/15/08 webpage for Midway/Pacific Ridge planning efforts and operationalize web-based community visioning platforms Deliverable 2 5 Provide web address and hard copy of web 4/30108 6/15/09 products Action 2 6 Working with a facilitator, conduct 1/2/08 5/25/08 community visioning meetings to identify strengths, weaknesses, constraints, and opportunities for PHTC, to identify potential uses, and to define the form new development might take in the area Action 2 7 Working with a facilitator, conduct Steering 1/2/08 3/25/008 Committee meetings to identify strengths, weaknesses, constraints, and opportunities for PHTC with the goal of identifying the preferred route and station location(s) for future high-capacity transit through the study area and define the form new development might take along the preferred transit route and around station areas . 4 ' 13 Action 2 8 Compile results from community and web- 5/1/08 9/26/08 based visioning and Steering Committee efforts and report to the public, participants, and governing bodies within Kent and Des Moines Action 2 9 Develop alternatives for land uses, transit 6/15/08 9/26/08 alignments, and TOD overlay zones for Kent and Des Moines ' Action 2.10 Review draft alternatives and select 9/26/08 11/20/08 preferred alternative by the Steering Committee and public within Kent and Des Moines Deliverable 2.11 Draft preferred high-capacity transit route 11/20/08 6/20/09 and station locations for Kent and Des Moines Deliverable 2.12 Draft land use and development regulations 11/20/08 6/20/09 that are consistent between Kent and Des Moines along 'zippered' border 1 Deliverable 2 13 Draft TOD overlay zones for Kent and Des 11/20/08 6/20/09 Moines based on preferred high-capacity transit route and station locations Deliverable 2.14 Draft subarea plan reflecting the input from 11/20/08 6/20/09 the community, Steering Committee, and governing bodies that uniquely reflects the City of Kent Deliverable 2 15 Draft zoning amendments, that possibly 11/20/08 6/20/09 include design guidelines and TOD overlay I for Midway area to reflect preferred land use within the City of Kent and Des Moines Deliverable 2 16 Draft revised zoning and development 11/20/08 6/20/09 1 regulations for Pacific Ridge, as needed, to incorporate a preferred transit alignment and TOD overlay within the City of Des Moines The applicant must answer the following questions pertaining to the above "Statement of Work" These questions represent the applicant's response to the review criteria for this particular grant program. ' 5 14 , -4.2 Consistency with GMA (0-10 points): .What GMA requirements,are addressed by the work in your proposal? The following GMA policies address the aforementioned proposal , RC IN 36 70A 020 - Planning goals (1) Urban growth. Pacific Highway South (SR-99) is considered a regional transit corridor by King County METRO and Sound Transit Both agencies have plans to expand service into and through the corridor (i e , King County Executive's 'Rapid Ride' program will bring high speed transit along Pacific Highway South and Phase 11 Sound Transit would extend light rail from SeaTac Airport through Kent and Des Moines to Federal Way) The proposed Kent and Des Moines Joint visioning process would result in individual land use goals and policies, development regulations and implementation strategies that would complement each other with the intention of supporting the proposed high intensity transportation services (3) Transportation & (11) Citizen participation and coordination: We anticipate that the use of technology as part of the visioning process for the expansion of high-capacity transit will ensure that the planning process reaches a broad range of the public RCW 36 70A 100- Comprehensive plans - Must be coordinated The Midway Area has an unusual 'zippered' like boundary between Kent and Des Moines, making the proposed collaborative effort essential for developing land use and development regulations that mirror and complement each other Collaboration with regional transit agencies will initiate the planning process for locating the preferred light rail alignment and station locations, furthering the GMA spirit of cooperation and collaboration. 4,3 Purpose: (045 points): What specific goals/poiicies/actiens of the comprehensive plan would be implemented by the project? The proposed project would meet multiple goals of the Cities of Kent and Des Moines Comprehensive Plans, as well as policies for the specific neighborhood bisected by "zippered" city boundaries The following are the desired outcomes based on the Comprehensive Plan goals and policies Key Outcomes. Develop land use goal and policies and development regulations for the Midway area that are coordinated in a manner that creates predictability for property , owners and/or businesses located along the "zippered" city boundary with Kent and Des Moines, and in particular, where properties are bisected by jurisdictional boundaries , • Revise the zoning and development standards in Kent and Des Moines to provide opportunities for mixed use development and increased capacity for jobs and housing in support of the high capacity transit as well as the 2040 regional growth strategy. • Create in Kent a subarea plan, and possibly identify Midway as an Activity Center, to provide the foundation for revising the land use goal and policies and development regulations in preparation for high capacity transit and 2040 regional growth • Coordinate the location and design of METRO's Rapid Ride bus stops along SR 6 ' 15 99 in the Midway and Pacific Ridge neighborhoods to meet the service change planned for 2010 • Identify a preferred light rail alignment and potential station locations in the Pacific Ridge/ Midway areas • Designate TOD overlays for key transit station locations in Kent and Des Moines • Use GIS, virtual reality and web based software as a new opportunity for reaching diverse populations, property owners and businesses that may not have the desire or capacity to attend more structured public meetings ' Success Indicators• • Engagement of key stakeholders to inform and support the planning, development and success of the Midway and Pacific Ridge neighborhoods • Development of clear, efficient and predictable development regulations Integration of land use goals and policies, development regulations, and implementation strategies based on environmental conditions, surrounding neighborhoods and public input. City of Kent Comprehensive Plan goals/policies/strategies: Chapter 3 - Policy Framework Urban Growth (7) The City and neighborhood groups shall cooperatively develop neighborhood plans addressing land use, mobility, parks, safety, and public facilities and services to foster a stronger sense of community identity and citizen participation throughout Kent Transportation (2) The City shall continue to support public transit, including expanded Sounder commuter rail service Transit service shall be focused in designated medium- and high-density centers within the City Economic Development (3) Public infrastructure, transportation and transit service enhancements shall be utilized to focus economic development in designated medium and high-density areas Chapter 4— Land Use: Goal LU-6 Designate Activity Centers in portions of the City and in the Potential Annexation Area Allow in these areas a mix of retail, office, and residential development Goal LU-14 Determine the size, function and mix of uses in 1 the City's commercial districts based on regional, community and neighborhood needs. Policy LU-14 1 Develop subarea plans for the Activity Centers and the Urban Center to identify visual and physical focal points, edges, and connections Reserve open space and select target areas for development and public infrastructure. Identify pedestrian- oriented streets and paths, and links with multi-modal transportation facilities Policy CD- 7 1 Work with the business community and neighborhood residents to make aesthetic and functional improvements to commercial areas Improved image and appeal will increase sales potential and enhance the character of the City. Chapter 5 — Community Design: Goal CD-5 Develop mixed-use areas which are vital and attractive focal points of community activity Chapter 8 — Capital Facilities: Goal CF-16 The City shall participate in a cooperative inter junsdictional process to determine siting of essential public facilities of a county- wide, regional, or state-wide nature Chapter 9 —Transportation: Policy TR-1 1 Locate commercial, industrial, multifamily, and other uses that generate high levels of traffic in designated activity centers around intersections of principal or minor arterials or around freeway interchanges Policy TR- I 1 8 Promote land use patterns which support public transportation and ensure the development includes transit-friendly features. 1 1 7 16 , City of Des Moines Comprehensive Plan goals/policies/strategies: General Planning Element: Policy 1-03-05 Plan for and regulate development to enhance the quality and maintain the unique character of Des Moines'neighborhoods and business districts, Policy 1-03-06 Establish and enforce development standards that are clear, predictable and allow for flexibility to account for unique circumstances, Pohcy 1-03-07 Coordinate planning for Des Moines with state, regional, county-wide and neighboring jurisdictions'planning activities, and Policy 1-03-08 Cooperate with other governmental bodies, institutions and businesses and assume a leadership role in pursuing activities of mutual benefit , Land Use Element: Policy 2-03-03 Ensure future development has adequate public facilities and services can be concurrently provided, Policy 2-03-05 Promote a land use pattern, scale, and density that supports public transportation services and encourages people to walk and bicycle, as well as provide convenient and safe automobile usage, Policy 2-03-08 (3) Promote new development and redevelopment within Pacific Ridge to create a district with a broad range of uses, servicing a local and regional clientele and using the Pacific Ridge Design Guidelines to reduce crime and create a better working and living environment, and Strategy 2-04-08 Encourage improvement of the Downtown and Pacific Ridge Neighborhood by working with the business community and other representative organizations to achieve the goals of the Des Moines Comprehensive Plan Transportation Element: The Transportation Element acknowledges King County and Puget Sound Regional Council goals and policies promoting a compact development , pattern and a "centers" concept within urban areas and the need to encourage and provide alternatives to the single occupancy vehicle transport mode Goal 3-01-01 To create an efficient and safe transportation system within, through, and around Des Moines that provides mobility for future motorists, pedestrians, bicyclists, and transit patrons, Policy 3-03-15 -- Provide opportunities for residents and business owners to participate in the design and development of Des Moines'transportation system, Strategy 3-04-02 (2). Pubic Transportation— Ensure that new commercial, multifamily, and single family subdivisions, adjacent to transit routes are designed to provide convenient pedestrian access to transit stops. Require such developments to incorporate facilities, such as transit shelters, bus pullouts and landing areas that foster transit ridership Pacific Ridge Neighborhood Improvement Plan: The proposed project would help to further the goals/policies/actions/vision identified in Pacific Ridge Neighborhood ' Improvement Plan that are intended to transform Pacific Ridge into a new urban community that takes advantage of its geographic location, local and regional transportation linkages, stable soils and view potential, replace lower-scale, existing buildings with new structures that will dramatically enhance the appearance, character, economics and safety of the area; include buildings and open spaces designed for pedestrians as well as motorists; and exhibit superior design features that make the neighborhood inviting to residents and businesses, complement other areas of Des Moines, and foster community pride 8 ' 17 , ,., l' i4;4 Readiness,#� Pr6ceed:'(0-25 Points). Why'! ' tfie 2007-2009 bieriri'iia�rrr''' '' � the most appropriate time to proceed with the proposed project? . ' Initiating the public visioning process early in 2008 and developing land use goals and policies, development regulations, and implementation strategies is appropriate for the ' following reasons 1) Initiation of King County's "Rapid Ride" system along Pacific Highway South through Des Moines and Kent in 2010, 2) Extension of Sound Transit light rail through Des Moines and Kent; 3) Expansion of Highline Community College in partnership with Central Washington University, 4) Completion of road improvements to ; Pacific Highway South, 5) Creation of a Business Park Master Plan for light industrial and office uses by the Port of Seattle on a 98-acre site located on South 216th Street, 6) Completion of preliminary work for Brownfield site redevelopment at the Midway and Kent Highlands Landfill, 7) Current work program to amend Commercial Zoning District Map and Text within the City of Kent, 8) Recent zoning amendments and redevelopment activities in Pacific Ridge and Midway areas in Des Moines, and 9) Completion of Subarea Plan Study by graduate planning studio from the University of Washington Department of Urban Design The character of the study area is changing and both cities need to adjust their planning documents and regulations to address growth in this major transportation corridor It is time to revise regulations to eliminate confusion along the 'zippered' boundary where some parcels are split between jurisdictions Developing regulations with a shared vision between jurisdictions will streamline the development process for those property owners It is also time for the public to participate in a visioning process to shape the community where they live and work In conjunction with Des Moines and the visioning process along Pacific Highway 1 Transportation Corridor Study Area, Kent will revise land use goals and policies and development regulations, and produce a subarea plan that has the potential to provide design standards and a TOD overlay in anticipation of a Planned Action Ordinance that 1 will streamline the permit process and promote economic revitalization Based on community feedback, Des Moines will develop a land use plan for the Midway corridor that will identify key locations for mixed use development to provide increased job and housing capacity, provide design standards along the corridor and possible TOD overlay, with the overall goal of complimenting land use goals and policies and development regulations identified through Kent's planning work The visioning effort will also help educate the public and elected officials about choices related to future transit station locations and light rail alignment For example, Des Moines City Council currently supports a light rail alignment along 1-5, however, in recent discussions at a developer forum, it was recommended that the City consider an alternative alignment to better support the high density development planned for Pacific Ridge and to provide opportunities for more transit oriented development in both the Pacific Ridge and ' Midway areas In an effort to meet the timelines established by this grant, we will begin working with ' both Councils to outline the needs and opportunities, define mutual goals and outcomes, define project management structure and responsibilities for the joint planning effort, refine the project's schedule and interdepartmental commitments, begin data collection; and research virtual reality software Gloria Gould-Wessen — GIS Coordinator/Lon ' 9 18 ' Range Planner will be the lead for the City of Kent. She has completed the CTED , contract#C06-63200-284 and Kent's Community Development Department has a long history of successfully completing state grants With Kent's Mayor and Council support, other city Departments will provide the following Cathy Mooney— Senior Transportation Planner/Public Works, Kevin Casault— Senior Systems Analyst/ Information Technology, Kurt Hanson — Economic Development Manager/Office of the Mayor, Ben Wolters— ' Economic Development Director/Office of the Mayor, and Dea Drake — Manager/Multimedia There is a commitment by Des Moines' Council and they will assign the following Planning, Budding and Public Works (PBPW) and technology staff , to this project Denise Lathrop — Planning Manager/Plan Development PBPW, Jason Sullivan — Planner II/ Development Services, Dan Brewer—Transportation Engineer/Assistant Director PBPW and Steve Schunzel — GIS Administrator/Information Technology Des Moines staff, Steve Schunzel and Jason Sullivan, have expertise in GIS, website development and spatial analysis programs giving both jurisdictions the knowledge to implement the technology portion of the proposal Lm oval or Reg ional Ne6d: O'-- I5'06ints):, What i th s e direct community " benefit of this proposal and what needs or problems will it address? There are shared and individual benefits that will come from this proposed planning effort Both jurisdictions will benefit from the potential for creating a sense of place through the visioning process and will gain from the resulting land use goals and policies and development regulations that will streamline development within and across the shared "zippered border" Policy makers will benefit from an opportunity to find common ground This process will also give both jurisdictions the opportunity to coordinate development standards related to potential TODs in support of this regional transit corridor. The City of Kent will create a subarea plan that will clear the path for a Planned Action Ordinance (PAO) We know that Kent's PAO reduced the time to attain permits to build Kent Station, which has created 550 new jobs We anticipate the PAO for Midway will create a market for redevelopment within the corridor that can be measured in new construction, jobs, and housing Likewise, Des Moines invested significant resources in the development of the Neighborhood Improvement Plan, Planned Action Ordinance and design guidelines for the Pacific Ridge Neighborhood and envisions similar planning documents for the Midway area Pacific Ridge will be accepting the majority of Des Moines 2020 growth however, the 2040 Regional Growth Strategy will require the City to provide additional capacity for jobs and housing, making the visioning for the Midway and Pacific Ridge neighborhoods very timely The public process will include regional and state agencies and local jurisdictions , connected to this transportation corridor They include the following* Cities of SeaTac, Des Moines, Kent, and Federal Way, King County METRO, Sound Transit, Washington State Department of Transportation, Seattle Public Utilities, Port of Seattle, Highlme Community College, and Puget Sound Regional Council A measure of our success will be how well the Steering Committee meetings are attended Another measure will be how many of the public attend the open houses and workshops and participate in web based visioning, chat-rooms, or surveys The true measure of success will be whether , the land use goals and policies, development regulations, and implementation strategies foster economic revitalization that creates a sense of place 10 ' ' 19 r 4:6 Demonstration Potential (0-20 points): is this'a project that would H provide an example that can easily be used by other local governments?' ' The use of virtual reality software and enhanced web tools as part of the visioning process for the proposed subarea planning effort is relatively new in community planning We feel this innovative approach provides opportunities to obtain input from a 1 larger segment of the community that typically does not or cannot attend more structured public meetings A traditional path to public participation will also be used to identify stakeholders and conduct open houses/workshops A professional facilitator will conduct the public open houses/workshops and assist policy makers in reaching a I common vision What is learned from building and implementing interactive virtual reality platforms and any new outreach tools we find successful will be transferred to other jurisdictions through a "how to" guidebook as part of our deliverables Possible limitations to using technology in public participation are budget and time While the software ranges upwards starting at $750, the commitment of time—which translates into money— is considered by some as limiting We hope that the "how to" guidebook will reduce those costs by highlighting pitfalls and successes This technique could be useful to other planning efforts, including the fields of Park and Transportation Planning The following elements for the public process are proposed 1. Contract with a facilitator to work with the agencies and policy makers to form a steering committee committed working together collaboratively, sharing information, discussing opportunities and challenges, and providing input on matters concerning regional transportation options within the study area, 2 Set-up a website (known as an extra-net) for communication among working groups, to facilitate scheduling and share data and work products among the stakeholders and staff, 3 Set-up a website (known as a wickie) that operates like a chat-room for public comment on proposed land uses, building form, and transit alignment ' Comments are uncensored with the exception of inappropriate content; 4. Conduct a visioning process for the public in the traditional format through open houses, workshops or charrettes facilitated by hired professional using a ' combination of fact finding and sharing, brainstorming, and virtual reality software, explore opportunities for new land uses and designing buildings suitable for the study area, ' 5 Provide a web-based visioning process using virtual reality software that employs aerial photography (i e , GoogleEarth or Microsoft's VirtualEarth) and 3-D modeling techniques (i e , CommunityVis or SketchUp) to mimic the traditional ' format, but that can be conducted at the participant's leisure and lifestyle, and 6 Utilize a wide variety of methods to inform the community of the project (i e , community based TV, newspaper, direct mailing, public library displays and booths at community events such as Des Moines Farmers Market and Waterland Festival or Kent's Farmers Market and festivals r r � tt 20 4.7,E Local Commitment to the Project: (0-15 points): Does'the council or board of commissioners support the proposal and, if so, how? ' The commitment of the Cities of Kent and Des Moines to the proposed visioning effort is , expressed in this application. The attached letters of support from our respective Mayors reinforce this commitment We also have obtained letters of support from several stakeholders identified as essential for a successful process Each stakeholder , has committed to fully participating in the visioning process The City of Kent Planning Services work program lists Planning for Activity Centers as a task The Strategic Goals of Kent's City Council support the redevelopment of commercial areas and has targeted Midway for such an effort Additionally, Kent City , Council supports the following Strategic Goals Strengthen intergovernmental relationships, Increase involvement of residents in neighborhoods, Increase opportunities for citizen participation in local government; Partner with the community in , planning transportation improvements, and Identify and coordinate city-wide communications Des Moines has committed and budgeted the proposed work program and committed staff time for inclusion and adoption into the Planning, Building and Public Works 2008- 09 budget cycles Des Moines is committed to joint transportation and land use planning with our neighboring jurisdictions and transit agencies, as demonstrated by recent , Council-endorsed resolutions to work collaboratively with the City of SeaTac on these issues in the area north of Pacific Ridge and initial discussions with Sound Transit regarding light rail alignments and station locations Des Moines has also retained the services of an Economic consultant to advise the City on economic opportunities and conditions related to redevelopment along SR 99, in the Business Park and in Downtown It is anticipated that Des Moines Economic Advisor will play an important role in evaluating the market potential for identified land use alternatives and transit- oriented development along the SR-99 corridor, and identifying opportunities for public investment, funding strategies and sources for implementing the plans that evolve out of this visioning process , Section 5: Special Topic or Concern (0-10 Points) , [��{Jr�Jy(��y a- y�x. �}yy.{_�'y .��'�� �I IT+T• ri1/CQI l7&6d ©F156h6eil'Y�I'tlI Applications that address one of the following special needs or concerns may receive additional points during the review process. If one of the following special topics or , needs applies to the proposed grant, then please indicate which topic should be considered. Applicants should mark only one topic Applicants will not get additional points by marking more than one topic. , ❑ Regional Collaboration ❑x Streamlined Regulations ❑ Capital Facility Plans ❑ Transportation ❑ Affordable Housing ❑ Sustainable Communities ❑ Rural Opportunities ❑ School Planning/Siting 12 , ' 21 The applicant will need to answer Question No 5.2 and one of the questions following it which matches the topic or special need that was chosen, if any. If no topic was chosen, then the applicant can proceed to the next section. ' 52 -Commitment to Permanent Planning Capacity: How will the proposed project be incorporated and/or continued, if at all, in the jurisdiction's capacity for planning growth management? The proposed planning effort is founded in the desire for revitalization of an area ' that is located along a major transportation corridor While the public outreach will be a one time event associated with the grant funds, the knowledge gained from the use of technology can be used on other projects needing public input Another measure would be how many local governments and agencies use our "how to" booklet as a resource The land use regulations and implementation documents resulting from our efforts will drive future redevelopment, and our 1 success will be measured by the speed and amount of development that occurs and by the consistency created between Kent and Des Moines regulations The inter-governmental relationships we build will be long lasting because planning ' efforts for any high-capacity transit along the corridor will require continued communications and deliberations i� ' Regional Collaboration.' -10'points)�'' Has yourJurisdiction entered into any partnerships or intergovernmental arrangements to complete the project? It is our expectation the Kent and Des Moines will enter into an intergovernmental agreement prior to acceptance of a grant award We have also garnered the commitment from key stakeholders, in particular METRO, Sound Transit and ' WSDOT, to participate in our community visioning and planning effort, as demonstrated by the letters of support submitted with our application. Streamll'n''etl ReOulatit ns'� ( 1Q points): Will the propomed'grant red' rce or expedite the successful completion and processing of development ' regulations and building permits? Kent and Des Moines share a border that looks like a "zipper" with several tax ' parcels within both jurisdictions Allowed uses and development standards vary between Kent and Des Moines A desired goal is to revise both zoning codes, and possibly the Comprehensive Plans, in an effort to standardize regulatory language thereby reducing confusion for developers, code enforcement, and customer service. There would be consistency. 13 22 The goal to standardize regulations would be expanded to include TODs. This conformity will come from the public process that does not discriminate as to ' which jurisdiction you live within, and from the Steering Committee's facilitated work products It is anticipated that a set of coordinated and uniform TOD development regulations will emerge from the public process. , The City of Kent will be going further with streamlining regulations by creating a subarea/TOD plan for the study area as a precursor to initiating a Planned Action , Ordinance (PAO) and possibly a revision to Kent's SEPA to include Infill Exemptions. The PAO facilitates development by completing an EIS thereby reducing the cost of SEPA both time and money The PAO for Kent Station , facilitated development so that within 2 years the developer is moving on to stage 3 of 4 with 550 lobs already created. To streamline the development review process, Des Moines will revisit the Pacific t Ridge SEPA Planned Action to determine whether additional environmental analysis is required for TOD overlays or zoning amendments in Pacific Ridge; , additional SEPA analysis would likely be in the form of an EIS Addendum For the Midway area, Des Moines will complete the necessary SEPA review and establish a Planned Action for new zones or TOD overlays. In the event that a , designated TOD is established in conjunction with the City of Kent, a joint SEPA review may be warranted The City will also evaluate whether recent amendments to the Pacific Ridge zones relating to building heights and recreational area requirements, and proposed amendments to parking requirements may be applicable to new zones and TOD overlays identified for the Midway area Additional incentives that will be explored as part of this , planning effort include but are not limited to- a consolidated permit review process, reduced parking requirements in TOD overlay zones, and height bonuses for the provision of affordable housing. apitalaciiitV Plans`. (�=?Opoins):�Does this"proposalinc ucfie any new or innovative ways or means to enhance the capital facilities elements of comprehensive plans? Not Applicable `-5.6 ' Transportation: (0-10 points): Will the project resolve deficiencies,or gaps in determining concurrency among state, regional and local transportation plans? Not Applicable 14 23 'S:7�' �� 'AffordabfeHousjr�g� 0�'1�l'' dintis � V1/ifi t�ris"""ro'�osalhel"'�`urisdititiri�-�� „ ( P )•_ p p p J �;��� develop practical and feasible options for the development of affordable housing, particularly for,households earning less than the median household income? ' Not Applicable "Stastairi'8 'le'Cammiinitie (0=46 p6irits):'' c es tli'e p'rdp""osad'pr©ject address any aspect of the Governor's Executive Order 07-02, ' "Washington Climate Change Challenge"? Not Applicable 5'. " ''' uraf 66166rf6nities: (0=f points : i f' isropdsal'develop'"iri'n'ovative' land use regulations in rural jurisdictions that are consistent with GMA? Not Applicable �.:l S'cti'o'o�1�Plari in'g!1' ts)::"Db'a's` Wi eat"entaifthe coordination among cities, counties and school districts to plan and develop guidelines for the location of schools as important community assets? ' Not Applicable Section 6: Financial Information/Budget This section provides information about the project's cost, other funding sources, and the resources that would be committed by your jurisdiction 6.1 If this proposal is approved and the jurisdiction receives a gran .. rom ' ,,,CTED, what local resources would be committed to the project? ' The Cities of Kent and Des Moines plan to commit staff time, in-kind support, and funding to complete the project Staff from several departments will be dedicated to the project for designing and implementing web sites, providing 1 graphic and video support for outreach, and creating press releases and publicity for the project. Both Kent and Des Moines will dedicate staff to provide consultants information and data (i.e., land use capacity for transportation modeling, GIS data layers, etc ), participate in and provide space for the public open houses and/or workshops, manage and produce policy documents and a 'how to' handbook for the project. ' 15 24 is another funding sources has your jurisdiction applied for that are contingent upon the funding from CTED? None. , 16.3 Have aFl`iinti` ct 'al'ttiEi�it�Ci"isbeeitirnet in otnen! tsntr'actsttie jurisdiction' E has had with CTED regarding growth management activities? If no, i please explain the circumstances. ' , Kent and Des Moines have no outstanding contractual obligations with CTED 1 rid cafe vvtibf 'e'st us'o t epiojecf viiil'! beift 'a' taxis is ibn�des'not teceive funding for the project. r In 2008, the City of Kent will be moving toward a subarea planning effort for Midway , Kent will need to work closely with Des Moines for success The CTED Grant is more than simply money, it provides credibility to our shared vision outlined in this grant application Without the CTED funds, we may not retain the support of essential agencies (i e , METRO, Sound Transit, and WSDOT), and without their participation, the , scope of our work program would shrink. If they drop out, others may too (i e , Cities of SeaTac and Federal Way, Port of Seattle, Highline Community College, and PSRC) We will not be able to hire a consultant to assist staff in the public visioning process without the CTED funds Potentially our public process will suffer from not having a professional to organize and facilitate the public workshops/open houses The ' professional's expertise is essential to have success with the Steering Committee, given the Committee will be made up of high-level representatives of different constituencies A professional skilled in facilitation and conflict resolution will be needed to reach a consensus on the preferred transit alignments and stations needed for the subarea planning efforts Without the preferred transit options creating a TOD element to the subarea plan will be impossible, and the planning effort will be disjointed and probably ' delayed We would have to drop the use of technology to expand our community participation if we were not funded As a result, we would miss the opportunity to obtain input from a ' broader and more diverse segment of the community The cost of the software and training is prohibitive for Des Moines and would need to be considered in the Kent's 2009 Budget cycle All other aspects of public outreach would be reduced (i.e , number ' of mailings, number of workshops, and video production. The website development would be informative, but not inclusive because the time to monitor and respond to an interactive chat-room would be prohibitive ' 16 , 25 W5 Provide a budget�for thep"roject. ' SFY2008** SFY2009** Total (7/l/2007 to (7/l/2007 to (Both Fiscal Years) 6/30/2008) 6/30/2008) ' EXPENSES -- Salaries and Benefits $47,200 $47,200 -- Goods and Supplies $6,300 $400 $6,700 -- Professional Services $40,000 $15,000 $55,000 -- Other Goods and $15,400 $700 $16,100 Services Total Expenses* $108,900 $16,100 $125,000 ' a b c=(a+b) ' REVENUES SFY2008** SFY2009** Total (7/112007 to (7/112007 to (Both Fiscal Years) 6/30/2008) 6/30/2008) -- CTED Grant Funds $108,900 $16,100 $125,000 -- Other Funds $96,000 $96,000 $192,000 Total Revenues* $204,900 $112,100 $317,000 ' d` e` f=(d+e) * Estimated expenses (column `a' and `b') must match the estimated sources of funds (column `d' and column `e') for each respective fiscal year. The total to column `c' must equal the total in column `f ** The "State" fiscal year 1s July 1 to June 30 and may not be the same as the Jurisdiction's fiscal year. S IPermitWlanICTED1100812007_09 CTEDApphcahon_Final doc ' 17 Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: 4CULTURE 2007 KING COUNTY PERFORMANCE NETWORK GRANT—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the 4Culture grant for $8,000 to support 2007 King County Performance Network projects and approve the expenditure of funds in the City Art budget. 4Culture (Cultural Development Authority of King County) has awarded the Kent Arts Commission $8,000 to present two new works as part of the 2007 Site Specific King County Performance Network The two works were presented at Mill Creek Canyon Earthworks Park on September 8, as part of the Arts Commission's 251h Anniversary Celebration of Herbert Bayer's Earthworks. Choreographer Alex Martin created a ' contemporary dance performance on the site, which was performed by her company of dancers. Visual artist Brice Maryman created an interactive sculptural art installation for the site. ' 3. EXHIBITS: King County Agreement #107309A ' 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) t5. FISCAL IMPACT Expenditure? X Revenue? X ' Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund 19026223 64190.4310 Amount $8,000.00 ' Unbudgeted Revenue: Fund 19026223.53705 Amount $8,000.00 6 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ' ACTION: Council Agenda Item No. 6E ' Page 5 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 KEN T Fax: 253-856-6050 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 ' DATE: November 15, 2007 TO: Kent City Council Parks Committee ' FROM: Ronda Billerbeck, Cultural Programs Manager THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: 4Culture Grant for 2007 King County Performance Network - Accept and Amend Budget MOTION: Move to recommend Council accept the 4Culture grant for $8,000.00 to support 2007 King County Performance Network projects and approve the expenditure of funds in the City Art budget. SUMMARY: 4Culture (Cultural Development Authority of King County) has ' awarded the Kent Arts Commission $8,000.00 to present two new works, as part of the 2007 Site Specific King County Performance Network. The two works were presented at Mill Creek Canyon Earthworks Park on September 8, as part of the ' Arts Commission's 251h Anniversary Celebration of Herbert Bayer's Earthworks. Choreographer Alex Martin created a contemporary dance performance on the site, which was performed by her company of dancers. Visual artist Brice Maryman ' created an interactive sculptural art installation for the site. EXHIBITS: King County Agreement #107309A ' BUDGET IMPACT: Unbudgeted $8,000.00 impacts revenue account no. 19026223.53705 and expense account no. 19026223.64190.4310. ' Page 7 Agreement No. 107309A ' Contractor's Federal Taxpayer ID No. ' Contractor City of Kent Arts Commission Project Title: 2007 Site Specific King County Performance Network ' Contract Amount: $8,000 00 Fund Source: CP - KC Performance Network Contract Period From: 04/01/07 To: 12/30/08 AGENCY SERVICES CONTRACT 2007 ' THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ("4Culture"), whose address is 101 Prefontaine Place South, Seattle, WA 98104-2672 and telephone number is (206)296-7580 and the City of Kent Arts Commission (the "Contractor"), whose address is 220 4th Ave S, Kent WA 98032 and telephone number is (253) 856-5055. Contractor is an art, cultural or historical organization or specialist qualified to receive funds pursuant to King County Code Sections 2.48 and 4.42 and RCW 67 28.180 and as hereinafter may be amended. The 4Culture Board of Directors approved providing funds for this project by Motion No. 2007-06. 4Culture desires to provide funds with which the Contractor shall render certain services to King County citizens. Such services are for the benefit of art museums, cultural museums, heritage museums, the arts, and/or the performing arts and are consistant with those defined in RCW 67.28 180 ("Public Benefit Services"). 4Culture is organized pursuant to King County Ordinance 14482 and RCW 35.21.730, et semi. RCW 35.21.750 provides as follows: "[All] liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority." The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse ' Project costs in consideration of services provided hereunder constitutes a public purpose with the meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced. ' NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows- 1 ' AG SVC 07 Page I of 7 Page 8 , 1. SCOPE OF SERVICES ' A The Contractor shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits which are incorporated herein by reference ® Specific Scope of Services & Reimbursement Schedule Attached hereto as Exhibit A ® Project Proposal and Budget Attached hereto as Exhibit B ' ® Insurance Requirements Attached hereto as Exhibit C ❑ Personnel Inventory (K.C.0 12.16.060A)( In combination with Attached hereto as Exhibit D other agreements, in excess of$25,000 in a calendar ear) , ❑ Affidavit and Certificate of Compliance (K.C.0 12.16.060B) Attached hereto as Exhibit E for Agreements in excess of$25,000 ' ❑ Disability Assurance of Compliance/Section 504 (KCC Attached hereto as Exhibit F 12.16 060D) [ORGANIZATIONS ONLY B. Purchase of Services. Funds awarded under this Agreement shall be used solely to reimburse the Contractor for expenses incurred expressly and solely in accordance with the Project Proposal and Budget and/or the Specific Scope of Services attached. Any amendment or modification to the Project Proposal and Budget or the Specific Scope of Services and Payment Schedule must be approved in writing by 4Culture. The work described generally by the Project Proposal and Budget and more specifically by the Specific Scope of Services shall hereinafter be referred to as the "Project". ' C. In addition to performing the Project, Contractor shall provide any Public Benefit Provisions that may be specified in the Specific Scope of Services attached. D. Contractor agrees to acknowledge 4Culture support with inclusion of the approved 4Culture logo in all marketing and promotional materials during the period this contract is in force: ,1 Approved logos are available for download in a variety of formats at C U LTU R E http://www.4culture.org/partner/logos KIx6 t1UNT1-0M.9 I., E. The Contractor agrees to notify 4Culture in advance of any public Project activities, including but not limited to ground breaking events, dedications, and other public programs. II. DURATION OF CONTRACT ' This Agreement shall commence on April 1s1, 2007 and shall terminate on December 301h, 2008_ This Agreement, however, may be terminated earlier as provided in Section IV hereof. III. COMPENSATION AND METHOD OF PAYMENT , A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures incurred in satisfactorily completing the Specific Scope of Services attached and otherwise fulfilling all requirements specified in this contract in an aggregate amount not to exceed $8,000.00. AG SVC 07 Page 2 of 7 Page 9 B. Contractor may apply to 4Culture for reimbursement upon completion of specified phases as detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract. C. Contractor shall submit an invoice and all accompanying reports in the forms attached hereto as "EXHIBITS", not more than 30 days after the completion of each specified phase identified in the Specific Scope of Services and Reimbursement Schedule. 4Culture will initiate authorization for payment after approval of corrected invoices and reports. 4Culture shall make payment to the Agency not more than 60 days after the appropriate invoice is received. D. Contractor shall submit its final invoice and all outstanding reports within 30 days of the date this Agreement terminates If the Agency's final invoice and reports are not submitted by the day specified in this subsection, 4Culture will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice E. Accompanying the final invoice for the project, the Contractor shall also submit: 1. A project evaluation report upon the form provided by 4Culture. 2. If 4Culture requests, at least two images (prints, slides, or digital images accompanied by a high-quality print-out)of publishable quality for use by 4Culture to publicize its funding programs Photos shall have credits, caption information, and permission to publish F. If the Contractor fails to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until 4Culture is satisfied that corrective action, as specified by 4Culture, has been completed This right is in addition to and not in lieu of 4Culture's right to terminate this contract as provided in Section IV, any other rights of4Culture under this Agreement and any other right or remedy available to4Culture at law or in equity. IV. TERMINATION OF AGREEMENT A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining allocation. Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or violation. V. MAINTENANCE OF RECORDS A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accounting for all contract funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. B. These records shall be maintained for a period of six(6) years after termination of this Agreement unless a longer retention period is required by law. AG SVC 07 Page 3 of 7 Page 10 ' VI. AUDITS AND EVALUATIONS A. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by 4Culture and/or federal/state officials so authorized by law during the performance of this Agreement and six (6) years after termination hereof. B. The Contractor shall provide right of access to its facilities, including by any subcontractor to 4Culture, the King County, state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Agreement. 4Culture will give advance notice to the Contractor in the case of fiscal audits to be conducted by 4Culture. C. The Contractor agrees to cooperate with 4Culture in the evaluation of the Contractor's performance under this contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17 (Public Records Act). VII. PROPRIETARY RIGHTS If any patentable or copyrightable material or article should result from the Project, all rights accruing from such material or article shall be the sole property of Contractor. Contractor agrees to and does hereby grant to 4Culture, an irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Agreement. The foregoing license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of Contractor which are modified for use in the performance of this Agreement. VIII. FUTURE SUPPORT 4Culture makes no commitment to support the services contracted for herein nor guarantee regarding the success of the services and assumes no obligation for future support of the Project except as expressly set forth in this Agreement. IX. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Agreement, the Contractor is an independent contractor, and shall determine the means of accomplishing the results contemplated by this Agreement. Neither the Contractor nor its officers, agents or employees are employees of 4Culture for any purpose The Contractor shall comply with all applicable federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment The Contractor is responsible for determining the compensation of its employees, for payment of such compensation, and for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services. The Contractor and its officers, agents, and employees shall make no claim of career service or civil service rights which may accrue to a 4Culture employee under state or local law. 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees and/or others by reason of this Agreement. To the extent allowed by law, the Contractor shall protect, defend, indemnify and save harmless 4Culture and its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Agreement The Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents, and employees, from and against any and all claims made by Contractor's employees arising from their employment with Contractor. AG SVC 07 Page 4 of 7 Page 11 B. To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify, and save harmless 4Culture its officers, employees, and agents from any and all costs, claims,judgments, and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the Contractor, its officers, employees, and/or agents, except to the extent resulting from 4Culture's sole negligence If this Agreement is a "a covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate" within the meaning of RCW 4 24 225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture, its officers, employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agents' negligence The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents In the event 4Culture incurs any judgment, award and/or cost arising there from including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor Claims shall include, but are not limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright. X. INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of this Agreement insurance as described on the Exhibit labeled as Insurance Requirements attached here to. XI. CONFLICT OF INTEREST Chapter 42.23 RCW (Code Of Ethics For Municipal Officers—Contract Interests) is incorporated by reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of contract. In addition, Contractor represents,warrants and covenants that no officer, employee, or agent of 4Culture who exercises any functions or responsibilities in connection with the planning and implementation of the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, directly or indirectly, in this contract. The Contractor further represents, warrants and covenants neither it nor any other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection with this Agreement. The Contractor shall take all appropriate steps to assure compliance with this provision. AG SVC 07 Page 5 of 7 Page 12 XII. NONDISCRIMINATION During the performance of this Agreement, Contractor shall comply with state, federal and local legislation requiring nondiscrimination in employment and the provision of services to the public, including, but not limited to: Title VI of the Civil Rights Act of 1964; chapter 49.60 RCW (the Washington state law against discrimination); KC-C. chapter 12.16 regarding discrimination and affirmative action in employment by contractors, subcontractors and vendors; K.C.C_ chapter 12.17 prohibiting discrimination in contracting; K C.C. chapter 12.18 requiring fair employment practices; K.C.C. chapter and 12.22 prohibiting discrimination in places of public accommodation. The Contractor shall maintain, until 12 months after completion of all work under this contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Agreement. The Contractor shall make such documents available to 4Culture for inspection and copying upon request. XII1. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive officer of Contractor and the Executive Director of 4Culture at the addresses first written above. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XIV.GENERAL PROVISIONS No modification or amendment to this Agreement shall be valid unless made in writing and signed by the parties hereto. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 4Culture's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this Agreement are declared severable. The parties agree that this Agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. XV. ATTORNEYS' FEES; EXPENSES Contractor agrees to pay upon demand all of 4Culture's costs and expenses, including attorneys'fees and 4Culture's legal expenses, incurred in connection with the enforcement of this Agreement_ 4Culture may pay someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of such enforcement. Costs and expenses include 4Culture's attorneys'fees and legal expenses whether or not there is a lawsuit, including attorneys'fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services Contractor also shall pay all court costs and such additional fees as may be directed by the court. AG SVC 07 Page 6 of Page 13 XVI. SURVIVAL The terms and conditions of Sections III, V, VI, VII, VIII, IX, XI, XII, XIII, XIV and XV shall survive the termination of this Agreement and shall be continuing obligations of the parties. 4CULTURE: CONTRACTOR: 4Culture-CDA Executive Director Signature Date Name (Please type or print) Title (Please type or print) Date AG SVC 07 Page 7 of 7 Page 14 EXHIBIT A SCOPE OF SERVICE City of Kent Arts Commission and 4Culture mutually agree that the following services be provided in accordance with the proposal submitted to and approved by 4Culture_ Partial support for the development and presentation of a two new works for the 2007 Site Specific King County Performance Network. Visual artist Brice Maryman will create an interactive sculptural art installation and dance artist Alex Martin will create a performance work, both intended to be presented in an outdoor public location in Kent, Washington as part of the community celebration of the Herbert Byers Earthwork in downtown Kent. The performance will happen in September 2007. City of Kent will provide$4,000 in matching funds for total artist fees of$12,000. Amount: $8,000 Payable upon submission of • Invoice • Organization Evaluation form PUBLIC BENEFIT Performances will be open,accessible,publicized to the community and provided free of charge. PUBLICITY/PROMOTION POLICY Prominent acknowledgment of 4Culture King County Performance Network is required of all recipients for use in all publicity and promotional materials, including, but not limited to brochures, press releases, programs,posters, public service announcements, flyers and advertisements. Please contact your Project Coordinator for an electronic logo file. Site Specific/2007 King County Performance Network is a 4 collaboration between 4Culture and King County local arts agencies. More than 30 site specific performances will take place in various C U LT U R E locations around King County between June and December j KINS COUNTY LOOOINO TAX 2007. For current schedule and information go to www.4culture.org .a Exhibit B Page 15 CULTURE MING CDUN 7Y t0DGfNG TAX 2007 Site-Specific King County Performance Network Application 4Culture 206 296 7580 101 Prefontaine Place South, Seattle, WA 98104 TTY 711 wwwAculture org Deadline: Applications must be received in the office by 4:30 p.m. on March 5, 20, Monday, March 5, 2007 or postmarked by March 5, 2007. INSTRUCTIONS 0 Read the King County Performance Network guidelines before filling out this form • Submit one original plus 5 copies of the application and artist resume.DO NOT STAPLE, do three hole punch, including original. Submit only one set of required work sample and optional support materials. Y. Applicant Artist/Ensemble/Organization Name-Alex Martin Contact Name Mr. ❑ Ms. ® Title Choreographer First Name:Alex Last Name: Martin Address3234 S Ferdinand City: Seattle Zip:98118 Area Code:206 Phone: 355-8426 e-mail: alex@Idtlebrowndress com Area Code: 206 Fax: 722-7983 http.//www liltlebrowndress com County Council District Number: THIS IS REQUIRED INFORMATION Call King Co.Records and Elections at(206)296-1581 to verify your Council District or visit http Ilwww melrokc govlmkcddistmap him 2. Project Concept Please attach a one-page description of your idea(s)for a site-specific production. ' Additional information such as technical requirements, site availability, and budget will be developed after the review and selection of applicants by the sponsoring agencies For the purpose of this application, please just describe your idea(s). 3. Project Budget Individual project funding will be allocated through separate agreement between the sponsoring agencies(s), the applicant and 4Culture. Combined funding from 4Culture and the presenting agency has typically ranged from $1,000 to$10,000 per project 4. Project Requirements: If your proposal has special requirements (which might include technical needs, venue restrictions, or the need to be paired with a specific suburban community,please explain within your attached one-page project concept) 5. Application Checklist: ❑ Signed application (1 original and 5 copies ❑ Artist Resume, to include your work in the proposed discipline as well as history of collaborative and site-specific projects as relevant (1 original and 5 copies) ❑ Work Sample,a high quality video sample is strongly encouraged, but work sample may be submitted in a variety of formats (1 copy) Please include a separate page detailing title, date, description,all participating artist(s)and applicant involvement in selected sample(s) ❑ Support Materials, to include articles, reviews, sample publicity materials, etc (1 co 6. Applicant Signature: Signature: Date' Z 22� Alex MartinPage 16 The Mill Creek Canyon Earthworks in Kent, Washington reaches its 25",Anniversary this year This public artwork by Bauhaus artist Herbert Bayer dates from 1982, and holds international importance as one of the very first environmental artworks It is a"composed ecology"that serves a vital public function as a dam and drainage system, protecting the community from flooding and storm runoff The Earthworks is maintained and enjoyed by the public as one of Kent's city parks during the dry season. oil As an artist, I see this as an unprecedented opportunity to bring public focus to the importance of the Earthworks as a sculptural work and a beautifully functioning piece of infrastructure The Earthworks is about to undergo a construction project to raise the dam height, to meet code changes in preparation for predicted storms of greater intensity. The construction will begin in the fall of 2007(exact construction schedule is not yet determined), and the proposed performance will be timed to occur before groundbreaking on the Earthworks. My ideas for the performance include— • A celebration of the beautiful design and simple forms of the Earthworks,through movement phrases and spatial patterns that draw the eye into the ground and into the relationship between earth, water,and sky ■ Simple images reflecting a basic human narrative: shelter - storm - flood - rebuilding • While following the performance, audience members will be guided through the land to create a journey in space as well as in time • As with all of my works, a keen attention to movement detail and technique in performance will dovetail with a sense of purpose and a sense of play Storm water drainage and run-off control takes up no space in civic debate when it performs well, but when it fails the devastation is absolute. As climate change accelerates, our awareness of these formerly invisible systems will continue to grow. There is no dearer local manifestation of the worldwide response to climate change and rising sea levels than this emerging focus on protecting our communities from water. Are we savvy, practical engineers buttressing our built environment? Or busy ants piling bits of debris in the path of fate? This project will be supported by the City of Kent Arts Commission,which has already offered to provide in-kind support and matching funds for the project. This performance will be promoted by the City of Kent in coordination with other 25`"Anniversary events being planned for the Mill Creek Canyon Earthworks. Many thanks for your consideration! Alex Martin 3234 S. Ferdinand, Seattle, WA 98118 (206) 355-8426 i mobile (206)722-7983 1 home&fax alex@littlebrowndress com Alex Martin Page 17 Recent Choreographic Works Margin of Error Solo 2007 Ten Tiny Dances,Capitol Hill Arts Center,Seattle I The Brown Dress 365-day tong-duration solo performance July 7 2005 through July 7 2006 internationally recognized project website at www litticbrowndress com. Solo stage performances April 2006 in Buttrock Suites,June 2006 in Northwest New Works at On the Boards, and July 7 2006,the finale "un-dressing"party at Consolidated Works, Seattle Suite 8 dancers 2006 Site-specific in the lobby architecture of McCaw Hall,Seattle 520 Bridge Project 12 dancers 2006 Commissioned by Grass Routes interdisciplinary arts festival, Seattle Site-specific large-scale outdoor work,near the on-ramps between Lake Washington Boulevard and the Highway 520 Bridge,Washington Park Arboretum, Seattle The Onion Twins two-act dance opera, 5 dancers, 2 singers,narrator,orchestra 2005 collaboration with librettist Rebecca Brown&composer Michael Katell January 2006 at Richard Hugo House,Seattle and Western Washington University, Bellingham WA August 2005 co-presented by Centrum Arts,Port Townsend WA Workshop showings in 200412005 LadyFest Seattle,Centrum Arts Port Townsend,Velocity Dance Center, i Bellevue Square Mall,Seattle Research Institute,Open Flight Studio, Richard Hugo House,Bellevue Community College,Western Washington University,West Seattle Dance Festival no big thing 3 dancers 2005 'Buttrock Suites II...Sweeter at Velocity Dance Center,Seattle Fremont Summer Solstice Pageant 80 performers 2005 collaboration with choreographer Kristen Tsiatsios Site-specific outdoor community pageant and performance at Gasworks Park, Seattle Winter Solstice Celebration 40 performers December 2003&2004 Commissioned by Seattle Center Wntedest collaboration with theater director Manuel Cawaling&choreographer Kristen Tsiatsios Site-specific outdoor interdisciplinary celestial pageant on the Seattle Center grounds, Seattle The Winners 12 dancers 2003 collaboration with video artist John Dixon Site-specific outdoor work, performed on a regional tour to Velocity,Bobby Morris Playfield,UW Summer Arts Festival,Capitol Hill Block Party,Greenlake Playfields,Columba City Farmers Market,Seattle PRIDE Festival,and BigShowCity Olympia Cover 5dancers 2002(2003 colla boration with choreographer Freya Wormus ' 'TRY'at Velocity, Bellevue Art Museum Fair,'Groundwork'at Chamber Theater, Velocity Fall Kick-Off, ROMP! Festival of Independent Dance in Victoria BC,Bellevue Community College zero two four five nine 5 dancers 2002 Commissioned by Velocity Dance Center for Strictly Seattle Bumbershool al Seattle Center and Strictly Seattle at Broadway Performance Hall,Seattle 1 Recipe 4 dancers 2001 Site-specific inside residential homes in the Columbia City, Capitol Hill,and Wallingford neighborhoods of Seattle, and at DanceWorks, Carco Theater in Renton WA. 'Summerhouse'at On The Boards,Seattle Alex Martin 3234 S. Ferdinand, Seattle,WA 98118 (206)355-8426 1 mobile (206)722-7983 1 home&fax Page 1 of 3 alex@littlebrowndress.com Alex Martfnlage 18 Seasonal Inventory Liquidation 7dancers October 2003 Commissioned by Velociy Dance Center for The Bridge Project collaboration with composer Arianna Lewis On The Side at Freehold Theater, 12 Minutes Max at On The Boards,The Bridge Project at Velocity,Seattle Fable 6 dancers 2001 i Bumbershoot at Seattle Center, Northwest New Works at On The Boards,Velocity, and On The Side at Freehold Theater,Seattle Twosome 2 dancers 1999-2003 collaboration with choreographer Freya Wormus ODC Theater in San Francisco on the SCUBA National Touring Alliance,On The Boards,Knutzen Family Theater in Federal Way WA, 'Twosome'at Chamber Theater, ROMP!Festival of Independent Dance in Victoria BC Blight 6 dancers 2000 collaboration with sound designer Jason Thompson Bumbershoot at Seattle Center, 'FEAST'at On The Boards, Seattle Span 6 dancers 1997- 1999 collaboration with composer Minda Cohen artsEdge at Seattle Center,'Weeding'at Freehold Theater,'Ditch'at Context Theater NYC,Dixon Place NYC 1 Major Works Presented by: On The Boards/Northwest New Works,Seattle,WA(2000,2006) Centrum Arts.Port Townsend,WA(2005) Western Washington University, Bellingham,WA(2005,2006) Richard Hugo House,Seattle,WA(2005) Bellevue Art Museum,Bellevue,WA(2005) Seattle Center tNinterfest,Seattle, WA(2003,2004) Bumbershoot,Seattle,WA(2000, 2001,2002,2003) UW Summer Arts Festival, Seattle, WA(2003) Olympia's BigShowCity, Olympia,WA(2003) ODC Theater in San Francisco CA on the SCUBA National Touring Network(2003) Velocity Dance Center,Seattle,WA(2001) ROMP Festival in Victoria,BC(1999,2000,2001) Press Repeated serious critique in The Seattle Times, Seattle Post-Intelligencer,Seattle Weekly,The Stranger, Seattle Gay News,as well as notices in Dance Magazine and on CriticalDance.com. Media appearances for the Brown Dress Project include The Today Show(NBC),The Seattle Channel, Northwest Cable News,Kmg5 TV Seattle,Canadian Public Radio(CBC),Australian Public Radio(ABC), , National Public Radio(NPR), BBC Radio in the UK, KIRO Radio Seattle,USA Today,MSN Money Central online,The Australian Newspaper,The Globe and Mail, Toronto Star, Las Vegas Review Journal,and many others. Alex Martin 3234 S. Ferdinand, Seattle,WA 98118 (206) 355-8426 1 mobile (206)722-7983 1 home&fax Page 2 of 3 alex@littlebrowndress corn Alex M��-ga{In ge 19 Awards Selected to participate in the National Dance Project's Regional Dance Development Initiative,Seattle,2004 Seattle Office of Arts&Cultural Affairs(CommunitylTraditronal Artists Award 2001.City Artists Award 2003) King County/4 Culture(Special Projects Awards 2000,2003 and Organizational Sustained Support for BetterBiscuitDance,2003, 2004,2005) Artist Trust(GAP Grant 2001) Richard Hugo House(Open Program Fund 2004) Cenlrum Arts in Port Townsend(Creative Residencies 2002,2004) Costume Design Designed and built costumes for dance performance. In addition to ongoing intentional wardrobe projects, costumed all major works by BetlerBlscuitDance Collaborations include KT Niehoff/lingo dancetheater, Peggy Piacenza, LeGendre Performance,d9 Dance Collective(for works by David Dorfman and Lisa Race), Cheronne Wong, Lucia Neare,Freya Wormus, Juliet Waller, Mary Sheldon Scott/darrad Powell Performance,Crispin Spaeth, Ronly Blau,and many others. Community Involvement 1998 to 20061 Co-Director of BetterBiscuitDance with Freya Wormus. Provided artistic direction and administrative management of the ensemble,taught master classes,and produced main stage concerts in venues of all sizes,regional touring productions,and site-specific works 2002 to present I Resident Artist and Founding Partner at Open Flight,a collectively managed dance studio. I Initiated The Fight Deck summer residency to give space grants to choreographers. 2001 to present I Advisory Board member for Velocity Contemporary Dance Center. I Education 1996 1 Cornish College of the Arts,Seattle,WA Bachelor of Fine Arts in Dance,magna cum laude 1995- 1998 1 Study with David Dorfman, Doug Varone, Maureen Fleming, David Zambrano and many others at Bates Dance Festival,the American Dance Festival, and independent study at Movement Research and Dance Space studios, New York. 1998-present I Ongoing study with Seattle teachers including Stephanie Skura,Amii LeGendre,and KT Niehoff, and with visiting artists including Deborah Hay, Kathleen Hermsdorf, and Victoria Marks r Alex Martin 3234 S. Ferdinand, Seattle,WA98118 (206) 355-8426 1 mobile (206)722-7983 1 home& fax Page 3 of 3 alex@littlebrowndress com Page 20 .1f -Z exhibit B CULTURE tINS C&QUrT t=akuGr US 2007 Site-Specific King County Performance Network Application 4Culture 206 296.7580 101 Prefontaine Place South,Seattle,WA 98104 TTY 711 wNvwAcutture org Deadline. Applications must be received in the office by 4.30 p.m.on March 5, Zt?07 Monday,March 5,2007 or postmarked by March 5,2007. INSTRUCTIONS m Read the King County Performance Nehvor*guidelines before Clling out this form. ou Submit one original plus 5 copies or the application and artist resume.DO NOT STAPLE, do three hole punch,mcluding original. x Submit only one set of required work sample and optional support materials. 1. Applicant AdisU Ensemblet Organization Name: Brice Maryman Contact Name:Mr,®Ms.❑ Tille: First Name, Brice Last Name:Maryman Address:6705 350'Place S City:Seattle Trip:98118 Area Code:206 Phone:529-8039 a-mail: bmaryman@gmail.eom Area Code: Fax: hltpJf County Council District Number 2 THIS IS REQUIRED INFORMATION Call King Co.Records and Elections at(206)296456t to verify your Council District or vis(t lyfp"rI vAnv rwiroka avvrmkcrfdi trf01 2. Project Concept- Please attach a one-page description of your ideals)for a site-specific production. Additional information such as technical requirements,she availability,and budget will be developed after the review and selection of,apphcants by the sponsoring agencies. For the purpose of this application, please just describe your idea(s). 3. Project Budget individual project funding will be allocated through separate agreement between the sponsoring agencies(s),the applicant and 4Culture, Combined funding from 4Culture and the presenting agency has typically ranged from S1,000 to$10.000 per project. 4. Project Requirements: It your proposal has special requirements(which might include technical needs,venue restrictions,or the need to be paired with a specific suburban community,please explain within your attached one-page project concept.) S.Application Checklist: o Signed application(1 original and 5 copies ra Artist Resume,to Include your work in the proposed discipline as well as history of collaborative and site-specific projects as relevant(1 original and 5 copies) ❑ Work Sample,a high quality video sample is strongly encouraged,but work sample may be submitted in a variety of formars(1 copy)Please Include a separate page detailing title,date,description,all participating arlisl(s)and applicant involvement in selected sample(s) O Support Materials, Win c s, reviews,sample publicity materials,etc.(i GO 6.Applicant Signature., Signature: Date: 0312 2007 Page 21 Chromatic Levee Project Background: Across Western Washington, at various times of the year, alarm bells are sounded about the threat of flooding from the region's rivers and streams. Often this flooding damages property, flooding agricultural fields and endangers citizens In response, community's engage in a 1 ritualized social performance—a bending, scooping, tossing, ballet that hopes to preserve valued community features. The filling of sandbags—in its heavy-labor, communal spirit—is one of the few opportunities for the expression of social cohesion in action—rallying around the community objects that they value most. Embracing this communal spirit, I propose work with the City of Kent to enact a two-stage performance within Kent on land adjacent to Herbert Bayer's landmark Earthworks at Mill Creek Canyon. The protect proposes to use the language of the community's sandbagged dike and Bayer's earthwork to accomplish four objectives. • Highlight and celebrate the importance of the Bayer piece on its 25`n anniversary; Engage the South King County community in the awareness, preservation and celebration of the artistic legacy of our region; • Engage the community in learning about the effects of urbanization upon the areas watersheds; • Catalyze a process of active community prioritization of watershed health, • Heighten awareness of how the increase in upland pervious surfaces endangers both cultural and ecological resources. What: I propose to engage the Kent community in designing and executing the Chromatic Levee, directly downstream from the Bayer Earthworks. This is an area that is particularly familiar with the issues of watershed health as annual spring floods necessitate the use of sandbags to protect adjacent buildings (notably a senior service center). I propose to engage these citizens, and other Kent residents,to design a built object that celebrates Mill Creek, the Bayer Earthworks and the Kent community as a whole. The levee would subvert the notion of a physically cohesive dam and would instead engage the interconnected fabric of the community as a potentially more potent force for smart preservation and protection of the area's natural and cultural resources. In alignment, the Chromatic Levee would engage the stream, similar to the way that Bayer s work originally engaged the existing Mill Creek. Constructed from colored sandbags (filled with a lightweight material), the Levee would also engage the color field explorations in Bayer's own painting and sculpture.As a net benefit, the colors are extraordinarily light, buoyant and playful, adding to the accessibility and engagement that are a foundation of the project's intentions When: The project will be divided into two phases. The first will engage community volunteers to assemble sandbags in a variety of colors over the three days of Kent's annual celebration "Cornucopia Days." This will occur in the middle of July 2007. The second phase will consist of building the levee itself; it will be done during August or September of 2007 in coordination with Kent's celebration of the Bayer centennial. Using the sandbags constructed during Cornucopia Days, community volunteers will attach them to a scaffolding will support the levee itself The scaffolding will range from 1'-10' in height, providing a visible presence for the work itself and a visual draw for passing motorists Page 22 Project Budget Canvas for Sandbags $1000 Community Sewing Facilitator(with 10 Sewing Machines) $3000 Materials for Constructing Levee Armature $1000 Artist's Fee $2000 Total Budget $7000 ' Working with Cheryl dos Remedios at the City of Kent, this project would be an extension of on- going work to raise awareness of and highlight the on-going stewardship of the Bayer Earthworks. Included in this process is a University of Washington studio class, working to protect the watershed health and hydrology of Mill Creen Canyon, and a celebratory exhibition/festival in Kent in the summer of 2007. Page 23 Brice Maryman 6705 35"'Place South Seattle Washington 98118 bmarymanncLmail com 206.529 8039 masters in landscape architecture.university of washington. 2003. education historic preservation and planning certificate. 2003. bachelor in english. magna cum laude st. mary's college of md. 1999. co-director. open space seattle 2100 professional experience conduct a grassroots campaign to rethink Seattle's approach to its green infrastructure based on watershed planning units host a 300 plus person charrette to rethink Seattle's green spaces raise the level of discussion and awareness of social, economic, ecological and health values of these spaces associate.charies anderson landscape architecture on-going representative pro3ects include: waterfront condominiums shanghai villas mount saint helens ASLA award submission lecturer. university of Washington. on-going lead studio classes built around the work of open space seattle 2100. plan and teach technical computer classes. encourage students to mine their design/communication potential. landscape designer. the berger partnership. 2004-2005 representative pro3ects include: gas works park improvements, seattle tam o'shanter park, kelso various residences landscape designer. richard haag associates. 2003-2004 assist in various phases of the landscape design process. produce and coordinate CAD drawing assembly for the office. research/teaching assistant. university of washington. 2001-2003 planning consultant national park service. co-teach a planning/design studio reviewing Mmidoka NM. engage the public in a collaborative planning process. produce an 'alternatives evaluation matnx' for future nps use. Page 24 Envisioning Seattle's Green Future: Visions and Strategies from the publications Green Futures Charrette. (w/ n. rettle) 10 06. "Strategies for a Greener Future"(w/n. rottle) Landscape Architecture Magazine, 11.06. "Open Space Seattle 2100"www.open2100 org freeway park historic landscape nomination.(w/ 1, birkholz) 05.05. "freeway park"(w/I. birkholz) the cultural landscape foundation. 1.05. "is seattle ready for urban greensheds"(w/t. Berger) seattle djc. 10.04. "anderson honored for seattle center" seattle djc. 10.04. "herbert bayer"(w/c. maggio) pioneers of american landscape design, v ii,forthcoming. "in seattle, the mother of all charrettes"(w/c. maggio) landscape architecture. 8.04. "charrette powerpomt script" seattle department of planning and development. 5.04. "gas works park"(w/s. melboume) urban beach foundation. forthcoming facilitating watershed management. robert fiance. photo exhibitions 365-threesixtyfive.blog spot.com. board member. the cultural landscape foundation. board service board member. seattle great city initiative, board member. friends of seattle's olmsted parks. member. wasla committee on the environment. IPage 25 Artists Statement Revealing the often hidden narratives that humans have co-authored with the natural world is the central focus of my work and the datum around which my on-going explorations of the eco-cultural landscape relates. This exploration is a focus of my continuing work as a landscape architect, but I am increasingly looking toward artistic expressions to explore ideas and places in greater depth. This approach has an extraordinary appeal to me as it affords the opportunity for a more inclusive community process, where,through participatory experience, I am able to work with populations that are typically not afforded access to art and which can help define the shape of a project as it evolves. Through photographs, painting, and sculpture, the on-going expressions of our episodic interactions with nature are recorded,documented and celebrated—as opportunities to learn about and engage in a broader avic experience of nature. Page 26 EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure, at its sole cost and expense, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents,representatives, employees, and/or subcontractors The costs of such insurance shall be paid by the Contractor or subcontractors For All Coverages Each insurance policy shall be written on an"Occurrence"form.The Minimum Scope of Insurance needed for this contract is as follows. ® Commercial General Liability Insurance Services Office form number(CG 00 01 Ed 11-88)—Minimum Combined Single Limit of$1,000,000 BI & PD with a General Aggregate er pro ect 1. Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions must be declared to, and approved by 4Culture. The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility of the Contractor. 2. Other Insurance Provisions A. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) General Liability Policies (1)4Culture, its officers, employees and agents are to be covered as primary additional insured as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement (2)To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary insurance as respects 4Culture, its officers, employees, and agents. Any insurance and/or self-insurance maintained by 4Culture, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way (3)The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. (b)All Policies (1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as reduced in aggregate by paid claims, at any point during the life of this contract. 3. Acceptability of Insurers Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a Best's rating of no less than A Vill, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size Vlll. 4. Verification of Coverage Unless otherwise approved in writing by 4Culture, Contractor shall furnish 4Culture with certificate(s)of insurance evidencing compliance with requirements set forth above, which certificate(s) shall provide that no material change, or cancellation or nonrenewal of policies referred to herein shall occur without thirty(30)days'prior written notice to 4Culture. V Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: COMMUNITIES IN SCHOOLS LEASE AGREEMENT WITH KENT COMMONS —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with Communities in Schools-Kent to lease office space at Kent Commons. Communities in Schools — Kent (CISK), a Washington non-profit corporation that provides outreach and mentoring services to at-risk children in the Kent community, has requested temporary use of a small office space (10'x10') at Kent Commons. CISK is a qualified funding recipient through the City of Kent's Human Services Division and, as such, provides a valuable service to the city and its citizens. Tenancy would be on a month-to-month basis at no charge. 3. EXHIBITS: Copy of Agreement 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F Page 27 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 KENT Fax: 253-856-6050 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: November 15, 2007 TO: Kent City Council Parks and Human Services Committee FROM: Lori Hogan, Superintendent of Recreation and Cultural Services THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: Lease Agreement Between Communities in Schools and Kent Commons Facility - Authorize MOTION: Move to recommend Council authorize the Mayor to sign the agreement with Communities in Schools-Kent to lease office space at Kent Commons. SUMMARY: Communities in Schools - Kent (CISK), a Washington non-profit corporation that provides outreach and mentoring services to at-risk children in the Kent community, has requested temporary use of small office space (10'x10') at Kent Commons. CISK is a qualified funding recipient through the City of Kent's Human Services Division and, as such, provides a valuable service to the city and its citizens. Tenancy would be on a month-to-month basis at no charge. EXHIBITS: Copy of Agreement BUDGET IMPACT: None Page 29 • KENT LEASE AGREEMENT WAShI.'cro" WITH COMMUNITIES IN SCHOOLS OF KENT FOR KENT COMMONS SPACE Between THE CITY OF KENT and COMMUNITIES IN SCHOOLS OF KENT for 107.8 square feet of office space in the: Kent Commons Facility 525 4`h Avenue North Kent, Washington 98032-4497 THIS LEASE is entered into the date fully executed by and between the CITY OF KENT, a Washington municipal corporation, hereinafter called the "Owner", and COMMUNITIES IN SCHOOLS OF KENT, a Washington non-profit corporation, PO Box 62, Kent, WA 98035, hereinafter called the "Tenant". 1. PREMISES The Owner hereby lets and leases to the Tenant those certain premises situated at 525 41" Avenue North in the City of Kent, Washington that are described as 107.8 square feet of office space in the Kent Commons facility, hereinafter the "Commons", for use by the Tenant. The area so leased is hereinafter called "the premises" and is depicted in Exhibit "A" attached hereto and incorporated herein by this reference. 2. USE The premises shall be used for office use and for no other purpose without the written consent of Owner. No use shall be made of premises, nor act done in or about premises, which is illegal, unlawful, or which will increase the existing rate of insurance upon the premises or Commons. Tenant shall not commit or allow to be committed upon premises, any waste or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other occupant in the Commons, nor shall Tenant, without the written consent of Owner, use any apparatus, machinery or device in or about premises which shall cause any substantial noise or vibration. If any of Tenant's office machines should disturb the quiet enjoyment of any other occupant in the building, then Tenant shall provide adequate insulation, or take such action as may be necessary by the Owner to eliminate the disturbance. Tenant shall observe such reasonable rules and regulations as may be adopted and published by Owner for the safety, care and cleanliness of premises or the Commons and the preservation of good order therein. Tenant will comply, at Tenant's own cost and expense, with all reasonable orders, notices, regulations or requirements of any municipality, state or other governmental authority respecting the use of the premises. t3. TERM The term of this lease shall commence on the in day of November, 2007, and may continue thereafter subject to the month-to-month tenancy provision in Paragraph 23. 4. RENT Tenant is a Washington non-profit corporation that provides outreach and mentoring services to at-risk children in the Kent community. Kent has qualified Tenant as a human service agency that has received program funding in 2007, and is proposed for additional KENT COMMONS LEASE AGREEMENT — Page 1 of 9 November 7, 2007 (between City of Kent and Communities in Schools of Kent) Page 30 funds in 2008. For all these reasons, Owner will lease the premises to Tenant, without charge, conditioned on Tenant's fulfillment of the remaining provisions provided for in this Lease and on Tenant continuing to provide such outreach and mentoring services to at-risk children in the Kent community. S. TAXES Tenant shall pay any tax that this Agreement, or the interest created thereby, may be subject to at any time during the term of the Lease or renewal thereof. 6. RE-DELIVERY Tenant, at the expiration of the term hereof or any extension thereof or upon any r sooner termination thereof, will, without notice, quit and deliver up said premises to the Owner peaceably, quietly, and in as good order and condition as the same now are or may hereafter be placed by Owner, reasonable use and wear thereof excepted. 7. DAMAGES Owner agrees to keep and maintain the roof in good order and repair and make necessary structural repairs to the budding not occasioned by Tenant's negligence during the continuance of this lease, upon receipt in writing from Tenant when such repairs are necessary. All other repairs for damages shall be made by Tenant at its sole cost and expense at all times while this lease is in effect. S. REPAIRS AND ALTERATIONS All normal repairs necessary to maintain premises in a tenantable condition shall be done by or under the direction of Owner, and at Owner's expense, except those caused by negligence or acts of Tenant, his agents or invitees, which repairs shall be made at the sole cost of Tenant. Tenant shall not make any alterations, additions or improvements in said premises, without the consent of Owner in writing first, which will not be unreasonably withheld, and all alterations, additions and improvements which shall be made, shall be at the sole cost and expense of Tenant, and shall become the property of the Owner except for improvements that Owner, at Owner's option, agrees that they are the property of Tenant or elects to request Tenant to remove, and shall remain in and be surrendered with the premises as a part thereof at the termination of this lease, without disturbance, molestation or injury. If the Tenant shall perform work with the consent of the Owner, as previously mentioned, Tenant agrees to comply with all laws, ordinances, rules, regulations of the appropriate City or County, and any other authorized public authority. The Tenant further , agrees to save the Owner free and harmless from damage, loss or expense arising out of the said work. Tenant agrees that Owner has the right to make alterations to the building in which the premises are situated. Tenant will be entitled to a fair abatement of rent if such alterations materially interfere with Tenants use of the premises. 9. UTILITIES As long as Tenant is not in default in any of the provisions of this lease, Owner shall furnish a reasonable amount of electricity (i.e. normal lighting and low power usage office equipment), heat, water, and full janitorial service except no janitorial service on weekends and City holidays. Owner shall not be liable (including consequential damages) nor shall KENT COMMONS LEASE AGREEMENT — Page 2 of 9 November 7, 2007 (between City of Kent and Communities in Schools of Kent) 1 Page 31 rental be abated for interruption of said service caused by accident or necessity for repairs or improvements, or for any other reason beyond Owner's control. In the event of a recognized energy crisis affecting the electrical power available for 1 the premises, Owner and Tenant shall adjust the hours of use of the premises to meet such crisis If in Owner's reasonable opinion, Tenant uses more than a reasonable amount of electricity and/or water, Tenant shall, upon notification by Owner, pay for such excess at such times as the same becomes due and payable to the public utility furnishing the same. 10. INSURANCE The Tenant shall procure and maintain for the duration of the Lease, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance hereunder by the Tenant, its agents, representatives, employees or subcontractors. The Tenant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Any payment of deductible or self-insured retention shall be the sole responsibility of the Tenant. The Owner shall be named as an additional insured on the insurance policy, as I respects work Owner performed by or on behalf of the Tenant and a copy of the endorsement naming the Owner as additional insured shall be attached to the Certificate of Insurance. The Tenant's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Tenant's insurance shall be primary insurance as respect the Owner and the Owner shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage. If Tenant is a self-insured governmental entity, an insurance policy need not be ' obtained, however, tenant shall provide, upon request, satisfactory documentation evidencing self-insurance coverage for the amounts set forth herein. 11. INDEMNIFICATION/HOLD HARMLESS The Tenant shall defend, indemnify and hold the Owner, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Lease, except for injuries and damages caused by the sole negligence of the Owner. Should a court of competent jurisdiction determine that this Lease is subject to RCW KENT COMMONS LEASE AGREEMENT - Page 3 of 9 November 7, 2007 (between City of Kent and Communities in Schools of Kent) Page 32 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Tenant and the Owner, its officers, officials, employees, and volunteers, the Tenant's liability hereunder shall be only to the extent of the Tenant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Tenant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties The provisions of this section shall survive the expiration or termination of this Lease. 12. LIENS AND INSOLVENCY Tenant shall keep the leased premises, Commons, and property in which the leased premises are situated, free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. In the event Tenant becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of the Tenant, then the Owner may cancel this lease at Owner's option. 13. ASSIGNMENT Tenant shall not assign this lease or any part thereof and shall not let or sublet the whole or any portion of the premises without the written consent of Owner, or Owner's agent, which consent will not be unreasonably withheld by Owner. This lease shall not be assignable by operation of law. If Tenant is a corporation, then any transfer of this lease from Tenant by merger, consolidation, or liquidation and any change in the ownership of, or power to vote, the majority of its outstanding voting stock shall constitute an assignment for the purposes of this paragraph; provided however, this paragraph shall not apply if in any consolidation or merger the present major stockholder of the Tenant retains substantially similar stock ownership in such merged or consolidated corporation. Any assignment of this lease shall not extinguish nor diminish the liability of the Tenant herein. In the event of any assignment or subletting so consented to, Tenant shall pay lump sum charge of $750.00 for each such assignment or subletting to the Owner for its services in connection with such assignment or subletting. If consent is once given by the Owner to the assignment of this lease, or any interest therein, Owner shall not be barred from afterwards refusing to consent to any further assignment. 14. ACCESS Tenant will allow Owner or Owner's agent free access at all reasonable times to said premises for the purposes of inspection, cleaning or making repairs, additions or alterations only those additions or alterations otherwise authorized or required by the terms of this lease to the premises or any property owned by or under the control of Owner, but this right shall not be construed as an agreement on the part of the Owner to make repairs, additions, or alterations. The Owner shall have the right to place and maintain 'For Rent' signs in a conspicuous place on said premises and to show premises to prospective tenants for 150 days prior to the expiration of this lease. 15. DAMAGE OR DESTRUCTION In the event the premises or the building is damaged to such extent as to render the premises untenantable in whole or in a substantial part thereof, or is destroyed, the Tenant shall give Owner or Owner's agent immediate written notice thereof, and, it shall be optional with the Owner to repair or rebuild the same; Owner shall have not more than 60 days after KENT COMMONS LEASE AGREEMENT - Page 4 of 9 November 7, 2007 (between City of Kent and Communities in Schools of Kent) 1 Page 33 date of such notification to notify the Tenant in writing of Owner's intentions to repair or rebuild said premises, or the part so damaged as aforesaid, and if Owner elects to repair or rebuild said premises, Owner shall prosecute the work of such repairing or rebuilding without unnecessary delay, and during such period, if the damage is not the fault of the Tenant, its employees, agents or invitees, the rent of said premises shall be abated (starting when the premises or a substantial part thereof first becomes untenantable), in the same ratio that the portion of the premises rendered for the time being unfit for occupancy shall bear to the whole of the leased premises. If the Owner shall fail to give the notice aforesaid Tenant shall have the right to declare this lease terminated effective when the premises or a substantial part thereof first became untenantable by written notice served upon the Owner or Owner's agent. In the event the building in which the premises hereby leased are located shall be damaged (even though the premises hereby leased shall not be damaged thereby or rendered untenantable) to such an extent that in the opinion of Owner it shall not be practicable to repair or rebuild, or is destroyed, then it shall be optional with Owner to terminate this lease by written notice served on Tenant within 30 days after such damage. 16. NOTICES All notices to be given by the parties hereto shall be in writing and may either be served personally or may be deposited in the United States Mail, postage prepaid, by either registered mail or by regular mail with certificate of mailing obtained, and if to be given Owner, to be addressed to the Owner, or Owner's agent, or, if to be given Tenant, may be addressed to Tenant at the leased premises. 17. SIGNS i No sign, picture, advertisement or notice shall be displayed, inscribed, painted or affixed to any of the glass, woodwork or walls of the premises, except those approved by the Owner in writing. Owner will not unreasonably withhold such approval. Any signs proposed for use by Tenant shall be painted by a sign painter designated or approved by the Owner. All signs so placed shall be removed at Tenant's expense prior to termination of tenancy and premises restored to original condition. No signs or devise shall be hung or placed against the windows of said premises nor be visible from the exterior of the Commons, and no furniture, curtain or other obstruction of any kind or size shall be placed against or in front of any glass partition dividing said premises from the corridors of said building, or placed in any way so as to interfere with the typical and ordinary appearance of the premises as viewed from the corridor and the exterior. 18. DEFAULT AND RE-ENTRY If Tenant shall violate, default or not comply with any of the material covenants, agreements or provisions of this lease agreement, then the Owner may cancel this lease Upon giving the notice required by law, and re-enter said premises, using such force as may be required. Notwithstanding such re-entry by the Owner, the liability of the Tenant for the rent provided for herein shall not be extinguished for the balance of the term of this lease, and Tenant covenants and agrees to make good to the Owner any deficiency each month as the amount thereof is ascertained by the Owner. In the event it becomes reasonably necessary to make any changes, alterations or additions to the premises or any part thereof for the purpose of reletting said premises or any part thereof Tenant shall also be responsible for such cost. KENT COMMONS LEASE AGREEMENT — Page 5 of 9 November 7, 2007 (between City of Kent and Communities in Schools of Kent) Page 34 The failure of the Owner to insist upon strict performance of any of the covenants and agreements of this lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenant or agreements, but the same shall be and remain in full force and effect. 19. COSTS AND ATTORNEYS FEES If by reason of any default on the part of Tenant it becomes necessary for the Owner to use an attorney or in case Owner shall bring suit to recover any rent due hereunder, or for breach of any provision of this lease or to recover possession of the leased premises, or if Tenant shall bring any action for any relief against Owner, declaratory or otherwise, arising out of this lease, the prevailing party shall have and recover against the other party in addition to the cost allowed by law, such sum as the court may adjudge to be reasonable attorney's fees. In the event the Tenant defaults in the payment of rental, the Tenant agrees to pay for the reasonable cost of any attorney employed by Owner to collect the rental due and/or enforce any or all of the provisions of this agreement. 20. REMOVAL OF PROPERTY In the event of any entry in, or taking possession of, the leased premises as aforesaid, the Owner shall have the right, but not the obligation, to remove from the leased premises all personal property located therein. Owner may store the same in any place selected by Owner, including but not limited to a public warehouse, at the expense and risk of the owners of the personal property, with the right to sell such stored property, with five (5) days notice to Tenant after it has been stored for a period of thirty (30) days or more. Proceeds of such sale shall be applied first to the cost of such sale, second to the payment of the charges for storage, if any, and third to the payment of any other sums of money which may then be due from Tenant to Owner under any of the terms hereof. The balance, if any, shall be paid to Tenant. 21. HEIRS AND SUCCESSORS Subject to the provision hereof pertaining to assignment and subletting, the covenants and agreements of this lease shall be binding upon the heirs, legal representatives, successors and assigns of any or all of the parties hereto. 22. CONDITIONS OF OCCUPANCY Tenant agrees to abide and be bound by the following rules and policies of Owner, which shall be considered as covenants of this lease: Common Areas The following areas adjacent to or located in or on the premises, shall constitute common areas available for Tenant's non-exclusive use including without limitation: walkways, hallways, stairways, driveways, lavatories, janitorial rooms, mechanical rooms, electrical rooms, landscaped areas and grounds, parking areas (see paragraph 24 for additional information), and all other areas used in common by the tenants of the Kent Commons facility, Owner, and invitees and employees of the Tenant. All common areas shall be subject to Owner's management and control and shall be operated and maintained in such a manner as Owner, in its reasonable discretion, shall determine. Owner may, from time to time in Owner's reasonable discretion, alter, modify or change the dimensions and location of the common areas, or designate portions of the common areas for the exclusive KENT COMMONS LEASE AGREEMENT - Page 6 of 9 November 7, 2007 (between City of Kent and Communities in Schools of Kent) Page 35 use of tenants of the Building; provided, however, that any such alterations, modifications or changes shall not materially interfere with Tenant's use and enjoyment of the premises as set forth in this Lease. Tenant and others entitled or allowed to use the common areas shall be subject to and shall comply with the rules and regulations applicable to the common areas as may be established by Owner from time to time. Light and Air This lease does not grant or purport to grant any rights of access to light or air over I property, and this lease does not warrant or protect against interferences with light or air in the leased premises by any construction upon adjacent, abutting or nearby property. Electrical Installations Tenant shall not, without the written consent of Owner, operate or install any electrical equipment or machinery (other than ordinary office equipment, including but not limited to copying machines), or replace or move any electric light fixtures provided, however, that with the consent of Owner, Tenant may replace building light fixtures of his own choice with the express understanding that such installation will not increase the Tenant's consumption of electricity, and that the cost of such fixtures and installation shall be at Tenant's sole expense. It is further agreed that Tenant shall at the expiration or sooner termination of the lease upon demand of Owner pay the cost of replacing the standard light fixtures belonging to Owner. Awnings No awnings shall be attached to the outside of any windows or to the building of which the premises are a part. 1 Windows The Tenant shall not allow anything to be placed on the outside window ledge of said premises; and nothing shall be thrown by the Tenant or others out of the window of said building. Floor Coverings The Tenant or other person shall not lay linoleum or other floor covering without prior written approval of the Owner. The tacking or fastening of any flooring material to the baseboard or baseboard molding is expressly prohibited. Tacking strips installed by Tenant, with Owner's consent, shall, at the option of Owner be removed and floor repaired at the expiration of lease, at Tenant's expense. Furniture and Bulky Articles Safes, furniture or bulky articles shall be moved in or out of said premises only at such hours and in such manner as shall least inconvenience other occupants of the building and minimize injury or damage to the premises and Commons and when and as the Owner shall reasonably decide; and no safe or other article of over 2,500 pounds shall be moved into said premises without the consent of the Owner, which consent will not be unreasonably withheld, the Owner to have the right to fix the position of any article of such weight in said premises. KENT COMMONS LEASE AGREEMENT - Page 7 of 9 November 7, 2007 (between City of Kent and Communities in Schools of Kent) Page 36 Miscellaneous (a) Water closets and other water fixtures shall not be used for any purposes other than those for which they are Intended, and any damage resulting from misuse on the part of the Tenant, Its agents or employees, shall be paid for by Tenant. No person shall waste water by Interfering or tampering with the faucets or otherwise. (b) Owner reserves the right to close and keep locked all entrance and exit doors of the building during such hours as Owner may deem to be advisable for the adequate protection of the property, provided that the Tenant shall have access to the premises. (c) The Tenant agrees that Tenant and Tenant's employees shall use only the parking stalls designated in paragraph 24 below of this lease. (d) Owner reserves the right to make such other and further reasonable regulations as in its judgment may from time to time be needed or desirable for the safety, care and cleanliness of the premises of the Commons and the preservation of good order therein. (e) All doors to public corridors shall be kept closed except for ingress and egress. 23. HOLDOVER If the Tenant shall, with the written consent of Owner, holdover after the expiration of the term of this lease, such tenancy shall be for an indefinite period of time on a month to month tenancy, such tenancy may be terminated as provided by the laws of the State of Washington. During such tenancy Tenant agrees to pay to the Owner the same rate of rental as set forth herein, unless a different rate is agreed upon, and to be bound by all of the terms, covenants, and conditions as herein specified, so far as applicable. 24. EMPLOYEE PARKING FACILITIES Parking for Tenant and its employees will only be provided on the South side of the Commons building in the designated "Staff Parking Only" area. 25. SUBORDINATION Upon Owner entering into any financing or refinancing affecting the subject premises, Tenant agrees to execute documents at the request of Owner to subordinate this lease to any mortgage, (or deed of trust or other security) granted to a financing institution or other secured party or entity. 26. COMMUNICATIONS Tenant is responsible for all installation, operation and termination charges related to its own independent telephone system, including, but not limited to, costs, expenses and charges for telephone equipment and line charges, line installation, inside wiring, re- configuration, and system repairs. Tenant shall install a system compatible with Owner's system and shall coordinate and schedule with the Owner all work by communications vendors for installation of such a compatible system. Tenant shall notify the City thirty (30) days in advance of terminating their telephone service or increasing/decreasing the size of their telephone system. Tenant shall be responsible for acquiring and paying for local KENT COMMONS LEASE AGREEMENT - Page 8 of 9 November 7, 2007 (between City of Kent and Communities in Schools of Kent) e Page 37 telephone directories. 27. RATIFICATION All acts consistent with the authority of this Lease and prior to its effective date are hereby ratified and affirmed, and the terms of this Lease shall be deemed to have applied. 28. ANTI-DISCRIMINATION fiIn all hiring or employment made possible or resulting from this agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied, or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status, or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this agreement and shall be grounds for cancellation, termination or suspension in whole or in part, of the agreement by the Owner and may result in ineligibility for further City agreements. The foregoing conditions are mutually agreed to by the Owner and the Tenant. TENANT: OWNER: COMMUNITIES IN SCHOOLS OF KENT CITY OF KENT, A Washington Non-Profit Corporation A Washington Municipal Corporation By: By: Name/Title: Name/Title: Suzette Cooke Date: Date: ' APPROVED AS TO FORM: 1 By. Kent Law Department C\Cm11Rki\OpenFIKW105-21b)\fnmmwxreSNodF KeixC Min L*K do KENT COMMONS LEASE AGREEMENT — Page 9 of 9 November 7, 2007 (between City of Kent and Communities in Schools of Kent) Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: KING CONSERVATION DISTRICT GRANT FOR ARBOR HEIGHTS 360" PARK—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the King Conservation Grant Agreement for $13,373 69 to fund the Arbor Heights 360' Park Planting Project, and approve the expenditure of funds in the Arbor Heights 360' budget. Staff submitted a grant request to the King Conservation District Member Jurisdiction & WRIA Forum on July 25, 2007. The grant request was approved by the King Conservation District board on October 5, 2007. The funds were used to plant the berms and rockery of the new Arbor Heights 360' Park, located at 11525 SE 240"' St. This work was completed by Park staff and volunteer groups from The Boeing Company and Kent Covenant Church prior to the park's dedication on June 9, 2007. A check for 90% of the grant will be awarded, with the remaining 10% pending submission of a satisfactory final progress report. 3. EXHIBITS: King Conservation District Award Letter and Copy of Agreement 1 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund P20045 Amount $13,373.69 Unbudgeted Revenue: Fund P20045 53806 530 Amount $13,373.69 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 DISCUSSION: ACTION: Council Agenda Item No. 6G Page 39 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director 1 Phone: 253-856-5100 • Fax: 253-856-6050 KENT Address: 220 Fourth Avenue S. WASHINGTON Kent, WA. 98032-5895 1 DATE: November 15, 2007 TO: Kent City Council Parks and Human Services Committee FROM: Lori Flemm, Superintendent of Parks and Open Space THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: King Conservation District Grant for Arbor Heights 3600 Park - Authorize MOTION: Move to recommend Council authorize the Mayor to sign the King Conservation Grant Agreement for $13,373.69 to fund the Arbor Heights 360 o Park Planting Project, and approve the expenditure of funds in the Arbor Heights 360° budget. i SUMMARY: Staff submitted a grant request to King Conservation District Member Jurisdiction & WRIA Forum on July 25, 2007. The grant request was approved by the King Conservation District board on October 5, 2007. The funds were used to plant the berms and rockery of the new Arbor Heights 3600 Park, located at 11525 SE 2401h St. This work was completed by Park staff and volunteer groups from The Boeing Company and Kent Covenant Church prior to the park's dedication on June 9, 2007. A check for 90% of the grant will be awarded, with the remaining 10% pending submission of a satisfactory final progress report. EXHIBITS: King Conservation District Award Letter, Copy of Agreement, Power ' Point at meeting BUDGET IMPACT: Unbudgeted $13,373.69 impacts expense account no. P20045.53806.530 and expense account no. P20045 Page 41 King Conservation District 935 Powell AvenueSW,Ste.D•Renton,WA 98057•Phone(425)277-5581•Fax(4:5)2777-5588•E-mad dislrrcI@Aangd org 1 October 5,2007 Victoria Andrews City of Kent,Parks Department 220 4th Ave S. Kent, WA 98032-5895 Dear Victoria, Enclosed are two copies of an Agreement for award of a King Conservation District Member Jurisdiction&WRIA Forum Grant for the Arbor Heights 3600 Planting project. This grant is funded with King Conservation District Special Assessment funds allocated to the City of Kent. After obtaining signatures from City of Kent,Parks Department representatives, return both copies of the Agreement tome I will obtain the required signatures from King Conservation District representatives and forward a signed original I for your records. At that time,I will also forward a check for the amount of 90% of the grant award grant. I am available to answer any questions you may have. Please do not hesitate to contact me. ISincerely, 1 Jessica Saavedra Member Jurisdiction&WRIA Forum Grant Program Cc. Enclosures(2) KCD Ref 07-194-Agnat Itrs to KC,Kent,Stewardship Partners Page 42 AGREEMENT FOR AWARD OF DING CONSERVATION DISTRICT MEMBER JURISDICTION GRANT City of Kent, Parks Department This Agreement is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 935 Powell Ave. SW, Renton, WA 98055 (referred to herein as "District"), and the City of Kent, Parks Department, a municipal corporation in King County, Washington, located at 220 4"' Ave. South, Kent, WA 98032-5895 (referred to herein as "Recipient"), for the purposes set forth herein. SECTION I. RECITALS i.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve natural resources, including soil and water, which activities are declared to be of special benefit to lands; and 1.2 Whereas, pursuant to RCW 89.08.400,King County has authorized and imposed a system of assessments to finance the activities and programs of the District; and 1.3 Whereas, pursuant to RCW 89.08.220, RCW 89.08.341 and/or Chapter 39.34 RCW, the District is authorized to enter into agreements with municipal entities and agencies (governmental or otherwise), or their designees, ui order to carry out and facilitate the activities and programs of the District to conserve natural resources; and 1.4 Whereas, the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW and the District's policies and procedures for awarding grants, and 1.5 Whereas, the District and Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions relating to the District's award of a grant to Recipient. SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Thirteen thousand, three hundred seventy-two Dollars and sixty-nine Cents ($13,372.69) fionr 2005 Assessments. Grant funds shall be used by Recipient solely for the performance of the work described in Exhibit A which is attached hereto and incorporated herein by this refetence The District shall pay the grant funds to Recipient in accordance with the District's standard procedures, provided that such funds have been collected and received by the District. 2.2 Recipient represents and warrants that it will only use the grant funds for the work described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the Agreement Recipient shall be required to refund to the District that portion of any grant funds - 1 - Page 43 which are used for unauthorized work. Further, Recipient agrees to return to the District any grant funds that are not expended or remain after completion of the work covered by this Agreement. 2.3 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's jurisdictional boundaries Enumclaw, Federal Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that portion of any grant fiends which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses tc be purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized purposes. 2 5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with an annual summary report. Financial and project reports shall be due June 30 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty (30) days after the completion of the work. The final report shall, among other things, summarize the project's successes and shall address the regional benefits accomplished by the work. The final report shall also identify any obstacles or challenges which were encountered during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals 2.6 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting records If requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requnements of all applicable state and federal laws. 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS"). 2.8 The District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. Recipient shall cooperate with the District in any such audit. 29 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. - 2 - Page 44 2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents, contractors or subcontractors is perfomed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision 2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property allegedly resulting from the negligent or intentional acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection with this Agreement. 2.12 Recipient agrees to acknowledge the District as a source of funding for this project ' on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. I 3.3 No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 3.4 Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such 1 party and that such party is bound by the signature of such representative. DISTRICT: RECIPIENT: IBy By_. - — Name Name _ Title Title Date Date - 3 - Page 45 Approved as to Fomi: Approved as to Fomi: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: f B By Name t , C_ Fc,mJ Name Date a.do-7 Date - 4- Kent City Council Meeting Date December 11, 2007 Category Consent Calendar ' 1. SUBJECT: WEST FENWICK PARK IMPROVEMENTS PROJECT GRANT APPLICATION RESOLUTION —ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. which authorizes staff to apply to the state Recreation and Conservation Office for funding assistance for improvements to West Fenwick Park. City staff wishes to apply to the Recreation Conservation Office for grant funds to assist with funding improvements to the basketball court at West Fenwick Park Part of that application process requires that the City Council adopt a resolution authorizing the grant application and setting restrictions on how the grant funds may be used If the grant funds are awarded staff will bring the item back to Council for acceptance. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure'? N/A Revenue? N/A Currently in the Budget? Yes No If no: I Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund Amount S 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H r r r RESOLUTION NO. r A RESOLUTION of the City Council of the City of Kent, Washington, authorizing application to the state Recreation and Conservation Office for funding assistance for a Youth or Community Athletic Facility project, as provided in Ch. 79A 25 RCW. rRECITALS A. The City of Kent has approved a comprehensive plan that includes the West Fenwick Park area. Under the Youth or Community Athletic Facilities program provided for in Ch. 79A.25 RCW, state funding assistance is requested to aid in rfinancing the cost of basketball court improvements at West Fenwick Park. B. The City of Kent considers it in the best public interest to complete the improvement project described in the application. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: rRESOLUTION r SECTION 1. - Application. The Parks, Recreation, and Community Services Director is authorized to make formal application to the state Recreation and rConservation Office for funding assistance. SECTION 2. - Use of Funds. Any fund assistance received will be used for the implementation of the project referenced above and described in the application, which are improvements to the basketball court at West Fenwick Park. 1 Recreation & Conservation Office - West Fenwick Basketball Court SECTION 3. - City Funds. The City of Kent certifies that its share of project funding is committed and will be derived from Real Estate Excise Tax Capital Funds. SECTION 4. - Non-Cash Commitments. The City of Kent acknowledges that it ' is responsible for supporting all non-cash commitments to the sponsor share should they not materialize, SECTION 5. - Term to Retain Use. The City of Kent acknowledges that any facility developed with financial aid obtained from the state Recreation and Conservation Office must be placed in use as an outdoor recreation facility and be retained in such use for a minimum of twenty (20) years from final reimbursement, unless otherwise provided and agreed to by the City of Kent and the Recreation and Conservation Office. SECTION 6. - Resolution to be Part of Application. This resolution becomes , part of the City's formal application to the state Recreation and Conservation Office. SECTION 7. - Public Comment. The City of Kent provided appropriate opportunity for public comment on this application at the Parks and Human Services Committee meeting on November 15, 2007. SECTION 8. - Severabilitv. 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 9. - 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 December, 2007. ' CONCURRED in by the mayor of the city of Kent this day of December, 2007. ' SUZETTE COOKE, MAYOR ' 2 Recreation & Conservation Office - West Fenwick Basketball Court I 1 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: i TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. ' passed by the city council of the city of Kent, Washington, the day of 2007. 1 BRENDA JACOBER, CITY CLERK P\Civil\Resolution\RCO-WestFenwick doc i I 1 1 1 1 3 Recreation & Conservation Office - West Fenwick Basketball Court Kent CityCouncil Meeting g Date December 11, 2007 Category Consent Calendar 1. SUBJECT: MAINTENANCE AND SUPPORT INVOICE FOR PUBLIC WORKS ORDER MANAGEMENT SYSTEM (HANSEN) — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the purchase order for Hansen software maintenance and support not to exceed $26,000. The maintenance and support invoice for Hansen (Public Works Order Management System) must be paid in order to maintain support for the system. Each software system that we purchase has a maintenance and support agreement that is engaged at the time of purchase. Depending on the vendor's support prices and the number of licenses required each year, the amount of that maintenance and support can vary each year (generally it is approximately 20% of the original purchase price of the software). ' The support & maintenance fees increased by $1,279 95 this year because the vendor raised their support prices by 2% and we converted some licenses to a different type in anticipation of an upgrade in a future year (which will save us money). I3. EXHIBITS: Hansen invoice for software maintenance and support 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, ctc.) i5. FISCAL IMPACT Expenditure? $25,811.10 Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount S 1 Unbudgeted Revenue: Fund Amount S ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: rACTION: Council Agenda ' Item No. 6I INFORMATION TECHNOLOGY Michael Carrington, Director ^ Phone- 253-856-4600 /KE4T Fax 253-856-4700 VV W"S.'"G'°" Address 220 Fourth Ave South ' INFORMATION Kent,Wa 98032-5895 TECHNOLOGY DATE: November 6, 2007 TO- City Council Operations Committee FROM. John Humphreys, Systems Manager, Information Technology SUBJECT- Maintenance and Support Invoice for Public Works Order Management System (Hansen) MOTION- 1 move to recommend that the Council authorize the Mayor to sign a purchase order for Hansen software maintenance & support not to exceed $26,000 SUMMARY: The maintenance & support invoice for Hansen(Public Works Order Management System) must be paid in order to maintain support for the system. BUDGET IMPACT: Operating (within current IT budget allocation) Invoice - $25,811.10 IBACKGROUND: Each software system that we purchase has a maintenance and support agreement that is engaged at the time of purchase Depending on the vendor's support prices and the number of licenses required each year, the amount of that maintenance and support can vary each year(generally it is approximately 20% of the I original purchase price of the software) The support & maintenance fees increased by $1,279.95 this year because the vendor raised their support prices by 2% and we converted some licenses to a different type in anticipation of an upgrade in a future year (which will save us money). ATTACHMENTS: Hansen Invoice for software maintenance and support. purnoreys Page 1 1215l2007 C(Documents and SettmgslmsimmonslLocal SetnngsUemporary Internet RIes10LN1 E12007 Hansen Licensing Council Ops Memo doc C�—�s3a (o HANSEN® People covet So!ulions RECEIVED KENT CITY OF ALEX SENECAUT,OPS SUPPORT SUP SMAR102055 400 W GOWE ST SEP 17 2001 18/31/2007 KENT WA 98032 PUBLIC 1 i OPER,,gTOIs S !V i KENT,WA ANNUAL RENEWAL Net 00 ' SMA-CS-ASSETS Service and Maintenance for Asset Products $18,905.00 V7.x Customer Service, Plant, Sewer, Storm, C' ` ', r ++ Street,Water, Sewer, Storm, and Plant, Water; •• and Street, and Advanced Components SMA-CS-ASSETS Service and Maintenance for Asset Products K o ` 4 2007 $378.10 Incremental Increase based upon a consumer price Index of 2%. � SMA-CS-ASSETS Service and Maintenance for Asset Products $2,400.00 Addtn'I Service and Maintenance for(1) Bldq/Plant/Fleet and (2) Storm (purchased Dec. 2006) SMA-CS-ASSETS Service and Maintenance for Asset Products $48.00 Incremental increase based upon a consumer price index of 2%. SMA-CS-ASSETS Service and Maintenance for Asset Products $4,000.00 Service and Maintenance for Fieldwork's SWAP (Swapped for 2 Sewer, 1 each of Storm,Water and SMA-CS-AS S— Service and Maintenance for Asset Products �^ $80.00 Incremental Increase based upon a consumer price index of 2%. Due on or before 11101107, Cvrg Term: $25,811 10 ' 1 11110 7-1 013 11011. Pymt recd after 12/15/07 will Ir Incur an add'I$2,500 reinstatement fee. Please direct questions to Mary Kern at ext.3514.Thank + $25,811.10 ' -- AUCKLANDV• LONDON • MELBOURNE SACRAMENTO SYDNEY TORONTO Corporate Headquarters 11092 Sun Center Drive • Rancho Cordova CA, USA 95670 6109 Phone 800 821 9316 • 916 921 0883 - Fax 916 921 6620 - www hansen cam I Tr7TAT P_n1 f Kent City Council Meeting Date December 11, 2007 Category Consent Calendar ' 1. SUBJECT: VISION SERVICE PLAN THREE-YEAR ADMINISTRATIVE SERVICES CONTRACT —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the three-year Vision Service Plan 2008 administrative contract. The City contracts with VSP as a third party administrator to process claims and provide access to VSP's network of optometrists and ophthalmologists The city is self-insured for this program and wires the monthly claims cost to VSP for our vision expenses. The 2008 contract reflects no increase in administrative fees by VSP. The annual cost for administration and claims fees is approximately $135,821.00. 3. EXHIBITS: Vision Service Plan (VSP) 2008 Administrative Services Contract 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: f Council Agenda Item No. 6J VSP--,, ,�,eo1hfe VISION SERVICE PLAN 3333 QUALITY DRIVE RANCHO CORDOVA, CALIFORNIA 95670 I GROUP VISION CARE PLAN ADMINISTRATIVE SERVICES PROGRAM tGroup Name CITY OF KENT Plan Number 12229020 State of Delivery WASHINGTON tEffective Date JANUARY 1, 2008 Plan Term THIRTY-SIX (36) MONTHS Administrative Fee Due Date FIRST DAY OF MONTH In consideration of the statements and agreements contained in the Group Application and in consideration of payment by Group of the administrative fees and other amounts due as herein provided, VISION SERVICE PLAN ("VSP") agrees to provide certain individuals under this Group Vision Care Plan ("Plan") the benefits provided herein, subject to the exceptions, ' limitations and exclusions hereinafter set forth This Plan is delivered in and governed by the laws of the State of Delivery and is subject to the terms and conditions recited on the subsequent pages hereof,which are a part of this Plan. Gary Brooks, Senior Vice President, Operations ' VSP-GVCP-ASP-5/07 10/04/07 Lat 1 TABLE OF CONTENTS 1 I. DEFINITIONS........................ '........................................................................................ . ..I IL TERM, TERMINATION, AND RENEWAL .....................................................................4 , III. OBLIGATIONS OF VSP ..................................... ..............................................................5 1 IV. OBLIGATIONS OF THE GROUP ....................................................................................8 V. OBLIGATIONS OF COVERED PERSONS UNDER THE PLAN.................................11 , VI. ELIGIBILITY FOR COVERAGE ....................................................................................15 VII. CONTINUATION OF COVERAGE............................................... ................................19 VIII. ARBITRATION OF DISPUTES........................................................................ ............. 20 ' IX. NOTICES............................... .. .................................................. ..................................21 1 X. MISCELLANEOUS......................... ..... ....................................................................... ..22 EXHIBITA..................... ........................................................................................... ..... 24 f SCHEDULE OF BENEFITS.................................................... ..... ..................... 24 EXHIBITB.................. ................................................................................................... 30 ' SCHEDULE OF ADVANCE PAYMENT AND ADMINISTRATIVE FEE...... 30 f 1 1 1 I. ' DEFINITIONS Key terms used to this Plan are defined and shall have the meaning set forth as follows, unless the context of a term's usage clearly requires otherwise. ' 1.01 ADMINISTRATIVE FEE: The payments made to VSP by or on behalf of Group in consideration of administrative services rendered. 1.02 ADMINISTRATIVE SERVICES PROGRAM- A group vision care plan ' whereby Group pays VSP for the Plan Benefits in addition to a monthly Administrative Fee. ' 1.03 ADVANCE PAYMENT: The amount paid in advance to VSP by or on behalf of Group to cover the estimated benefit costs of Group for one (1) month. ' 1.04. BENEFIT AUTHORIZATION: Authorization issued by VSP identifying the individual named as a Covered Person of VSP, and identifying those Plan Benefits to which Covered Person is entitled. ' 1.05. CLAIMS AMOUNT: Total charges for benefits delivered, including the cost of ' professional services and ophthalmic materials, charges for VSP services related to materials purchased, and taxes. ' 1.06. CONFIDENTIAL MATTER: All confidential or personal information concerning the medical, personal, financial or business affairs of Covered Persons acquired in the course of providing Plan Benefits hereunder. 1.07. COPAYMENTS: Any amounts required to be paid by or on behalf of a Covered ' Person for Plan Benefits which are not fully covered 1.08. COVERED PERSON- An Enrollee or Eligible Dependent who meets VSP's eligibility criteria and who is covered under this Plan. - 1- 1.09. ELIGIBLE DEPENDENT: Any legal dependent of an Enrollee of Group who ' meets the criteria for eligibility established by Group and approved by VSP in Article VI of this Plan under which such Enrollee is covered. ' 1.10 EMERGENCY CONDITION: A condition, with sudden onset and acute symptoms, that requires the Covered Person to obtain immediate medical care, or an unforeseen ' occurrence calling for immediate, non-medical action. ' 1.11. ENROLLEE: An employee or member of Group who meets the criteria for eligibility specified under VI. ELIGIBILITY FOR COVERAGE. 1.12 EXPERIMENTAL NATURE- Procedure or lens that is not used universally or ' accepted by the vision care profession, as determined by VSP. 1.13. GROUP- An employer or other entity which contracts with VSP for coverage under this Plan in order to provide vision care coverage to its Enrollees and their Eligible , Dependents 1.14. GROUP APPLICATION: The form signed by an authorized representative of the Group to signify the Group's intention to have its Enrollees and their Eligible Dependents ' become Covered Persons of VSP. 1.15. GROUP VISION CARE PLAN (also, "THE PLAN"): The Plan provided by ' VSP in favor of a Group, under which its Enrollees, and their Eligible Dependents are entitled to become Covered Persons of VSP and receive Plan Benefits in accordance with the terms of such Plan. i 2 1 ' 1.16. MEMBER DOCTOR: An optometrist or ophthalmologist licensed and otherwise qualified to practice vision care and/or provide vision care materials who has ' contracted with VSP to provide vision care services and/or vision care materials on behalf of Covered Persons of VSP. 1.17. NON-MENIBER PROVIDER- Any optometrist, optician, ophthalmologist, or ' other licensed and qualified vision care provider who has not contracted with VSP to provide vision care services and/or vision care materials to Covered Persons of VSP. 1.18. PLAN BENEFITS- The vision care services and vision care materials which a ' Covered Person is entitled to receive by virtue of coverage under this Plan, as defined in the Schedule of Benefits attached hereto as Exhibit A. ' 1.19 RENEWAL DATE: The date on which the Plan shall renew, or terminate if ' proper notice is given. 120 SCHEDULE OF BENEFITS: The document, attached hereto as Exhibit A, ' which lists the vision care services and vision care materials which a Covered Person is entitled to receive by virtue of this Plan. 1.21. SCHEDULE OF ADVANCE PAYMENT AND ADMINISTRATIVE FEE: The document, attached hereto as Exhibit B, which states the payments to be made to VSP by or on behalf of a Covered Person to entitle him to Plan Benefits. 1.22. VISUALLY NECESSARY OR APPROPRIATE: Services and materials medically or visually necessary to restore or maintain a patient's visual acuity and health and for which there is no less expensive professionally acceptable alternative, as determined by VSP. -3- II. ' TERM, TERMINATION, AND RENEWAL 2.01. Plan Term: This Plan shall become effective on the Effective Date and shall ' remain in effect for the Plan Term At the end of the Plan Term, it will renew on a month to month basis unless either party notifies the other in writing, at least sixty (60) days before the ' end of the Plan Term, that the party is unwilling to renew the Plan If such notice is given, the Plan will terminate at 12.00 midnight on the last day of the Plan Term, unless the parties reach mutual agreement on its renewal If the Plan continues on a month to month basis after the Plan ' Term, either Party may thereafter terminate the Plan upon thirty (30) days advance written notice to the other party. If VSP issues written renewal materials to Group at least sixty (60) days before the end of , the Plan Term and Group fails to accept the new terms and/or rates in writing prior to the end of ' the Plan Term, this Plan shall terminate at 12.00 midnight on the last day of the Plan Term as noted above. 2.02. Termination- In the event of termination of this Plan by either party, Group agrees to provide funds for payment of the Claims Amount associated with Plan Benefits provided pursuant to Benefit Authorizations issued prior to the Plan termination date, provided , claims for such Plan Benefits are filed with VSP within six (6) months after termination of this Plan. OBLIGATIONS OF VSP 301 Coverage of Covered Persons: VSP will enroll each eligible Enrollee and his 1 Eligible Dependents, if dependent coverage is provided, all of whom shall be referred to as "Covered Persons." To institute coverage, Group may be required to complete and sign a Group Application and forward such application to VSP, along with information regarding Enrollees and Eligible Dependents, and applicable amounts due. (Refer to VI. ELIGIBILITY FOR COVERAGE for further details.) Following enrollment, VSP will provide Group with Member Benefit Summaries for Covered Persons. Such Member Benefit Summaries will summarize the terms and conditions of this Plan. 3 02. Provision of Plan Benefits: Through its Member Doctors (or through other tlicensed vision care providers in cases where a Covered Person is eligible for, and chooses to receive Plan Benefits from a Non-Member Provider) VSP shall provide Covered Persons such Plan Benefits listed in the Schedule of Benefits, Exhibit A hereto, as may be Visually Necessary ' or Appropriate, subject to any limitations, exclusions, or Copayments therein stated. Benefit Authorization must be obtained prior to a Covered Person obtaining Plan Benefits from a Member Doctor. When a Covered Person desires to receive Plan Benefits from a 1 Member Doctor, the Covered Person must schedule an appointment and identify himself as a ' VSP Covered Person in order for the Member Doctor to obtain Benefit Authorization from VSP. VSP shall provide Benefit Authorization to the Member Doctor to authorize the provision of Plan Benefits to the Covered Person. Each Benefit Authorization will contain an expiration date, ' allowing a specific period of time for the Covered Person to obtain Plan Benefits. Benefit Authorization shall be issued by VSP in accordance with the latest eligibility information 1 -5- furnished by Group and the Covered Person's past service utilization, if any. Any Benefit ' Authorization so issued by VSP shall constitute a certification to the Member Doctor that ' payment will be made. VSP shall not be held liable to Group for any Benefit Authorization issued in error in reliance on the latest eligibility information available to VSP as provided by the Group. VSP shall pay or deny claims for Plan Benefits provided to Covered Persons, less any applicable Copayment, within a reasonable time but not more than thirty (30) calendar days after VSP has received a completed claim, unless special circumstances require additional time. In such cases, VSP may obtain an extension of fifteen (15) calendar days of this time limit by providing notice to the claimant of the reasons for the extension. 3.03 Determination of Visual Necessity: Plan Benefits are covered only when they are deemed Visually Necessary or Appropriate for the proper treatment of a Covered Person's ' condition. Questions involving necessity or appropriateness of treatment shall be decided by the doctor responsible for the Covered Person's care and are subject to review and final determination by VSP. Any objections of a Covered Person regarding such decisions may be ' made to VSP in accordance with VSP's grievance procedures (See Paragraphs 5.05 and 5.06). 3.04 Provision of Information to Covered Persons: Upon request, VSP will make available to Covered Persons necessary information describing Plan Benefits and procedures. A ' copy of this Plan will be placed with Group. The Plan will also be available at the offices of VSP for copying or inspection by Covered Persons. VSP shall provide Group with an updated list twice annually of Member Doctors' names, addresses, and telephone numbers for distribution to Covered Persons. Covered Persons may also obtain a copy of the latest Member Doctor list by contacting VSP's Customer Service Department in writing or via the toll-free Customer Service telephone line, or by visiting VSP's Web site at www vsp corn. 3.05. Preservation of Confidentiality: VSP will hold in strict confidence all Confidential Matters. VSP will also exercise its best efforts to prevent any of its employees, Member Doctors, or agents, from disclosing any Confidential Matter. An exception would be if disclosure is necessary to enable any of the above to perform their obligations under this Plan, including but not limited to sharing information with medical information bureaus, or as may otherwise be required by law. Covered Persons and/or Groups that want more information on VSP's Confidentiality Policy may obtain a copy of the policy by contacting VSP's Customer Service Department or by visiting VSP's Web site at www.vsp.com. 3.06. Emergenev Vision Care: When vision care is necessary for Emergency Conditions, Covered Persons may obtain Plan Benefits by contacting a Member Doctor or Out- of-Network Provider. No prior approval from VSP is required for Covered Person to obtain vision care for Emergency Conditions of a medical nature. However, services for medical conditions, including emergencies, are covered by VSP only under the Acute EyeCare and Supplemental Primary EyeCare Plans. If Group has not purchased one of these plans, Covered Persons are not covered by VSP for medical services and should contact a physician under Covered Persons' medical insurance plans for care. For emergency conditions of a non-medical nature, such as lost, broken or stolen glasses, the Covered Person should contact VSP's Customer IService Department for assistance. Reimbursement and eligibility are subject to the terms of this Plan. 7 IV. OBLIGATIONS OF THE GROUP 4.01. Identification of Eligible Enrollees: An Enrollee is eligible for coverage under this Plan, if he satisfies the enrollment criteria specified in Paragraph 6 01(a) and/or as mutually agreed to by VSP and Group. Group shall provide monthly eligibility information to VSP in a mutually agreed upon format and medium to identify all Enrollees who are eligible for coverage under this Plan. Group will supply to VSP, on or before the last day of each month, eligibility information sufficient to identify all Enrollees to be added to or deleted from VSP's coverage rosters for the coming month. The eligibility information shall include designation of family status for each such Enrollee, if dependent coverage is provided. Group shall, when requested, make available for inspection by VSP records having a bearing on the coverage of Covered Persons under this Plan. 4.02. Claims Amounts and Advance of Payment: Group shall provide all funds necessary to pay the Claims Amount associated with Covered Persons pursuant to this Plan. In order to assure timely and adequate payment, Group agrees to make an Advance Payment as outlined on the attached Schedule of Advance Payment and Administrative Fee, Exhibit B. This Advance Payment is an estimate of the Claims Amount for one (1) month. Group agrees to pay the actual Claims Amounts on a monthly basis within ten (10) days after receipt of VSP's statement. The Advance Payment amount may be adjusted each Plan Term if the average of monthly Claims Amount increases or decreases. The parties agree that such Advance Payment is reimbursable to the Group upon termination of this Plan, after the Group's indebtedness to VSP and/or its benefit providers has been satisfied. However, amounts paid to VSP as Advance Payment shall not be considered assets of the Group, and need not be held in trust by VSP. _g_ 4.03. Administrative Fee: Additionally, on or before the first day of each month, Group shall remit to VSP an Administrative Fee as outlined on the attached Schedule of Advance Payment and Administrative Fee, Exhibit B. Change will not be made to the Administrative Fee during any Plan Term unless there is a change in the Schedule of Benefits or ia material change in any other terms and conditions of the Plan, provided any such change is mutually agreed upon in writing between VSP and Group. Notwithstanding the above, VSP reserves the right to increase amounts due hereunder during a Plan Term by the amount of any tax or assessment not now in effect which is subsequently levied by any taxing authority, which is attributable to the amount due VSP from Group. �j 4.04. Grace Period: Group shall be allowed a grace period of thirty-one (31) days following the due date for making any payment of amounts due under this Plan. Dunng the grace period, this Plan will remain in full force and effect for all Covered Persons. Late payments will be considered by VSP at the time of Plan renewal and may impact Group's Advance Payment and Administrative Fees in future Plan Terms. If Group fails to make any payment of amounts due by the end of any grace period, VSP may notify Group that the payment of amounts due has not been made, that coverage is canceled and that the Group is responsible for payment for the Claims Amount associated with Plan Benefits provided to Covered Persons after the last period for which amounts due were fully paid, including the grace period and through the effective date of the termination. Group shall also remain responsible for payment, in accordance with Paragraph 2 02, of any Claims Amount associated with Benefit Authorizations outstanding at the time of termination, and for any legal and/or collection fees incurred by VSP in collecting amounts due under this Plan. I -9- 4.05. Distribution of Required Documents: Group agrees to distribute to Enrollees any disclosure forms, plan summaries or other materials that may be required to be given to plan subscribers by any regulatory authority. Such materials shall be distributed by Group no later than thirty (30) days after receipt or as otherwise required under state law i i - 10- V. OBLIGATIONS OF COVERED PERSONS UNDER THE PLAN i5.01. General: By this Plan, Group makes coverage available to its Enrollees and their Eligible Dependents, if dependent coverage is provided This Plan may be amended or ' terminated by agreement between VSP and Group as otherwise indicated herein. Consent or concurrence of Covered Persons for any such amendment or termination is not necessary. This IPlan, and all Exhibits, attachments and amendments, constitute VSP's sole and entire undertaking to Covered Persons under this Plan. All Covered Persons under this Plan shall have the following obligations as a condition of their coverage. 5.02 Copayments for Services Received: Where, as indicated on the Schedule of Benefits, Exhibit A hereto, Copayments are required for certain Plan Benefits, these Copayments shall be the personal responsibility of the Covered Person receiving the care and must be paid to ' the Member Doctor (or Non-Member Doctor if Non-Member Provider benefits are indicated on the attached Schedule of Benefits at Exhibit A) on the date the services are rendered l503 Obtaining Services from Member Doctors: Benefit Authorization must be obtained prior to receiving Plan Benefits from a Member Doctor. When a Covered Person desires to receive Plan Benefits from a Member Doctor, the Covered Person must select a Member Doctor, schedule an appointment, and identify himself as a Covered Person in order for the Member Doctor to obtain Benefit Authorization from VSP. Should the Covered Person receive Plan Benefits from a Member Doctor without such Benefit Authorization, then for the purposes of those Plan Benefits provided to the Covered Person, the provider will be considered a Non-Member Provider and the benefits available will be limited to those for a Non-Member Provider, if any. - tl- 5.04. Submission of Non-Member Provider Claims: All claims for services received from Non-Member Providers (if Non-Member Provider coverage is indicated on the attached Schedule of Benefits at Exhibit A) shall be submitted by Covered Persons to VSP within one hundred eighty (180) days of the date of service. VSP reserves the right to reject such claims which are filed more than one hundred eighty (180) days after the date of service. Failure to ' submit a claim within one hundred eighty (180) days, however, shall not invalidate or reduce the claim if it was not reasonably possible to submit the claim within such time period, provided the claim was submitted as soon as was reasonably possible and in no event, except in absence of , legal capacity, later than one year from the required date. 5.05. Complaints and Grievances: Covered Persons shall report any complaints and/or grievances to VSP at the address given herein. Complaints and grievances are disagreements regarding access to care, quality of care, treatment or service. Complaints and grievances may be submitted to VSP verbally or in writing. A Covered Person may submit written comments or supporting documentation concerning his/her complaint or grievance to assist in VSP's review. VSP will resolve the complaint or grievance within thirty (30) days after receipt, unless special circumstances require an extension of time. In that case, resolution shall be achieved as soon as possible, but not later than one hundred twenty (120) days after VSP's receipt of the complaint or grievance. If VSP determines that resolution cannot be achieved within thirty (30) days, VSP will notify the Covered Person of the expected resolution date. Upon final resolution, VSP will notify the Covered Person of the outcome in writing. 5.06. Claim Denial Appeals If, under the terms of this Plan, a claim is denied in whole or in part, a request may be submitted to VSP by Covered Person or Covered Person's authorized representative for a full review of the denial. Covered Person may designate any - 12- person, including his/her provider, as his/her authorized representative. References in this section to "Covered Person" include Covered Person's authorized representative, where applicable. a) Initial Appeal- The request must be made within one hundred eighty (180) days following denial of a claim and should contain sufficient information to identify the Covered Person for whom the claim was denied, including the VSP Enrollee's name, the VSP Enrollee's Member Identification Number, the Covered Person's name and date of birth, the provider of services and the claim number. The Covered Person may review, during normal working hours, any documents held by VSP pertinent to the denial. The Covered Person may also submit written comments or supporting documentation concerning the claim to assist in VSP's review. VSP's response to the initial appeal, including specific reasons for the decision, shall be provided and communicated to the Covered Person as follows• 1. Prior Authorization for Visually Necessary or Appropriate Services: within thirty (30) calendar days after receipt of a request for an appeal from the Covered Person. 2. Denied Claims for Services Rendered: within thirty (30) calendar days after receipt of a request for an appeal from the Covered Person. b) Second Level Appeal If the Covered Person disagrees with the response to the initial appeal of the claim, the Covered Person has a right to a second level appeal. Within sixty (60) calendar days after receipt of VSP's response to the initial appeal, the Covered Person may submit a second appeal to VSP along with any pertinent documentation. VSP shall communicate its final determination to the Covered Person in compliance with all applicable - 13- state and federal laws and regulations and shall include the specific reasons for the determination. c) Other Remedies: When Covered Person has completed the appeals process stated herein, additional voluntary alternative dispute resolution options may be available, including mediation, or Group should advise Covered Person to contact the U.S. Department of Labor or the state insurance regulatory agency for details. Additionally, under the , provisions of ERISA (Section 502(a)(1)(13)) [29 U.S.C. 1132(a)(1)(B)], Covered Person has the right to bring a civil action when all available levels of review of denied claims, including the appeals process, have been completed, the claims were not approved in whole or in part, and Covered Person disagrees with the outcome. \ 5.07. Time of Action: No action in law or in equity shall be brought to recover on the Plan prior to the Covered Person exhausting his grievance rights as described in Paragraphs 5.05 and 5.06 above and/or prior to the expiration of sixty (60) days after the claim and any applicable invoices have been filed with VSP No such action shall be brought after the expiration of six ' (6) years from the last date that the claim and any applicable invoices may be submitted to VSP, in accordance with the terms of this Plan. - 14- I ' VI. ELIGIBILITY FOR COVERAGE 6.01. Eligibility Criteria: Individuals will be accepted for coverage hereunder only upon meeting all the applicable requirements set forth below. I (a) Enrollees: To be eligible for coverage, a person must: (1) currently be an employee or member of the Group, and S (2) meet the criteria established in the coverage criteria mutually agreed upon by Group and VSP. (b) Eligible Dependents: If dependent coverage is provided, the persons eligible for coverage as dependents shall include: (1) the legal spouse of any Enrollee, and (2) any unmarried child of an Enrollee, including any natural child from the moment of birth, or legally adopted child from the moment of placement for adoption with the Enrollee, or other child for whom a court holds the Enrollee responsible; and (A) for whose support the Enrollee is legally responsible. Unmarried dependent children are covered up to the end of the month in which they turn age 23. (3) as further defined by Group. If a dependent unmarried child, prior to attainment of the prescribed age for termination of eligibility, becomes and continues to be, incapable of self-sustaining employment because of mental or physical disability, that Eligible Dependent's coverage shall not terminate. Coverage will continue as long as he remains chiefly dependent on the Enrollee for support and the Enrollee's coverage remains in force; PROVIDED satisfactory proof of the dependent's incapacity can be furnished to VSP within thirty-one (31) days of the date the Eligible - ts- Dependent's coverage would have otherwise terminated, and at such other times as VSP may request proof, but not more frequently than annually 6.02. Documentation of Eligibility: Persons satisfying the requirements for coverage under either of the above classes shall be eligible if (a) in the case of an Enrollee, the individual's name and Social Security Number 1 have been reported by the Group to VSP in the manner provided hereunder, and (b) in the case of changes to an Eligible Dependent's status, the change has been reported by the Group to VSP in the manner provided herein. As indicated in Paragraph 4.01 above, VSP may elect to inspect the Group's records in order to verify eligibility of Enrollees and dependents. Plan Benefits will be available only to persons on whose behalf applicable amounts due have been paid for the current period, or Grace Periods outlined above in Paragraph 4.04. If i a clerical error is made, it will not affect the coverage to which the Covered Person is entitled under the Plan. 6.03. Retroactive Eligibility Changes: Retroactive eligibility changes are limited to sixty (60) days prior to the date notice of any such requested change is received by VSP. If coverage is retroactively terminated for an individual, Group shall remain responsible for the Claims Amount associated with any Plan Benefits provided to that individual pursuant to the Benefit Authorization issued by VSP in reliance on the latest eligibility information available to VSP at the time of such Benefit Authorization. 6.04. Chance of Participation Requirements, Contribution of Fees, and Eligibility Rules: Composition of the Group, percentage of Enrollees covered under the Plan, and Group's contribution and Group's eligibility requirements are all material to VSP's obligations under this Plan. During the term of this Plan, Group must provide VSP with written notice of changes to its I - 16- composition, percentage of Enrollees covered, contribution or eligibility requirements Any such change which materially affects VSP's obligations hereunder must be mutually agreed upon in writing between VSP and Group and may constitute a material change to the terms and conditions of this Plan for purposes of Paragraph 4 03. Nothing in this section shall limit Group's ability to add Enrollees and/or Eligible Dependents in accordance with the terms of this Plan. 6.05 Change in Family Status: In the event Group is notified of any change in a Covered Person's family status (by marriage, the addition (e.g., newborn or adopted child) or deletion of dependent children, etc.) Group shall provide notice of such change to VSP via the next eligibility listing required under Paragraph 4.01. If such notice is given, the change in the Covered Person's status will be effective on the first day of the month following the request for change, or at a requested later date. Notwithstanding any other provision in this section, a newborn child will be covered for thirty-one (31) days after birth and an adopted child will be covered for thirty-one (31) days after the date the Enrollee or Enrollee's spouse acquires the right to control the health care of the child. To continue coverage for a newborn or adopted child beyond the initial thirty-one (31) day period, the Group must be properly notified of the Enrollee's change in family status and applicable amounts due must be paid to VSP on behalf of the child. 6.06. Family and Medical Leave Act: The federal Family and Medical Leave Act of 1 1993 (FMLA), requires that under certain circumstances health plan benefits available to an eligible Enrollee and his or her Eligible Dependents be made available during certain periods of leave Benefits will be available at the level and under the conditions coverage would have been provided if the eligible Enrollee had not gone on leave. If, and only to the extent, FMLA applies - 17- to the parties to this Plan, VSP shall make the statutorily-required continuation coverage available based on the eligibility information provided by the Group. R - 18 VII. CONTINUATION OF COVERAGE 7 01. COBRA: The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires that, under certain circumstances, health plan benefits available to an Enrollee and his or her Eligible Dependents be made available for purchase by said persons upon the occurrence of a COBRA-qualifying event. If, and only to the extent, COBRA applies, VSP shall make the statutorily-required continuation coverage available for purchase in accordance with COBRA. - 19- 1 VIII. ARBITRATION OF DISPUTES 8.01. Dispute Resolution: Any dispute or question arising between VSP and Group or any Covered Person involving the application, interpretation, or performance under this Plan j shall be settled, if possible, by amicable and informal negotiations. This will allow such opportunity as may be appropriate under the circumstances for fact-finding and mediation. If any issue cannot be resolved in this fashion, it shall be submitted to arbitration. 8.02. Procedure: The procedure for arbitration hereunder shall be conducted pursuant to the Rules of the American Arbitration Association in effect at the time of the dispute. 8.03. Choice of Law: Question(s) and dispute(s) hereunder are to be resolved by arbitration. However, if there are any matters arising in connection with this Plan which do become the subject of legal process, the applicable law shall be that of the State of delivery of this Plan. i 1 -20- i 1 IX. NOTICES 9.01. Required Notices- Any notices to be given under this Plan to either the Group or VSP shall be in writing and delivered by United States First Class Mail. Notices sent to the Group will be mailed to the address shown on the Group Application. Notices sent to VSP shall be sent to the address shown on this Plan. Any notices may be hand-delivered by either party to ian appropriate representative of the party, with the burden being on the party effecting such hand-delivery, to prove, if questioned, that such delivery was made. r i 1 i _2t_ X. MISCELLANEOUS 10.01. Entire Plan: This Plan, the Group Application, and all Exhibits and attachments, and any amendments hereto, constitute the entire understanding between the parties and i supersedes any prior understandings and agreements between them, either written or oral. Any change or amendment to the Plan must be approved by an officer of VSP and attached to be valid. No agent has the authority to change this Plan or waive any of its provisions. t Communication materials prepared by Group for distribution to Enrollees do not constitute a part of this Plan 10.02. Indemnity: VSP agrees to indemnify, defend and hold harmless Group, its j shareholders, directors, officers, agents, employees, successors and assigns from and against any and all liability, claim, loss, injury, cause of action and expense (including defense costs and legal fees) of any nature whatsoever arising from the failure of VSP, its officers, agents or employees, to perform any of the activities, duties or responsibilities specified herein. Group agrees to indemnify, defend and hold harmless VSP, its members, shareholders, directors, officers, agents, employees, successors and assigns from and against any and all liability, claim, loss, injury, cause of action and expense (including defense costs and legal fees) of any nature whatsoever arising or resulting from the failure of Group, its officers or employees to perform any of the duties or responsibilities specified herein. 10.03 Liability: VSP arranges for the provision of vision care services and materials through agreements with Member Doctors, who are independent contractors responsible for exercising independent judgement. VSP does not itself directly furnish vision care services or supply materials. Under no circumstances shall VSP or Group be liable for the negligence, 22 i wrongful acts or omissions of any doctor, laboratory, or any other person or organization performing services or supplying materials in connection with this Plan. 10.04. Assignment: Neither this Plan nor any of the rights or obligations of either of the parties may be assigned or transferred, except as noted herein, without the prior written consent of both parties. 10.05. Severability: Should any provision of this Plan be declared invalid, the remaining provisions shall remain in full force and effect. j10 06. Governing Law: This Plan shall be governed by and construed in accordance with applicable federal and state law. Any provision that is in conflict with, or not in compliance with, applicable federal or state statutes or regulations is hereby amended to conform with the requirements of such statutes or regulations, now or hereafter existing. 10.07. Gender: All pronouns used herein are deemed to refer to the masculine, feminine, neuter, singular, or plural, as the identity(ies) of the person(s) may require. ' 10.08. Communication Materials: All Communication materials created by Group which relate to this vision care Plan must adhere to VSP's Member Communication Guidelines, distributed to Group by VSP Such communication materials may be sent to VSP for review and approval in advance of mailing to Enrollees. VSP's review of such materials shall be limited to approving the accuracy of Plan Benefits and shall not encompass or constitute certification that Group's materials meet any applicable legal or regulatory requirements, including, but not limited to, ERISA requirements -23- 1 EXHIBIT A VISION SERVICE PLAN SCHEDULE OF BENEFITS Enhanced Plan B GENERAL This Schedule lists the vision care services and vision care materials to which Covered Persons of VISION SERVICE PLAN ("VSP") are entitled, subject to any Copayments and other conditions, limitations and/or exclusions stated herein. If Plan Benefits are available for Non- Member Provider services, as indicated by the reimbursement provisions below, vision care services and vision care materials may be received from any licensed optometrist, ophthalmologist, or dispensing optician, whether Member Doctors or Non-Member Providers. This Schedule forms a part of the Plan or Certificate to which it is attached. When Plan Benefits are received from Member Doctors, benefits appearing in the first column below are applicable subject to any Copayments as stated below When Plan Benefits are available and received from Non-Member Providers, the Covered Person is reimbursed for such benefits according to the schedule in the second column below less any applicable Copayments. COPAYMENT The benefits described herein are available to each Covered Person subject only to payment of the applicable Copayment by the Covered Person. Copayments are required for Plan Benefits received from Member Doctors and Non-Member Providers. Covered Persons must also follow the proper procedures for obtaining Benefit Authorization ' There shall be no Copayment for the examination If materials (lenses and frames) are provided, there shall be a Copayment of$25.00 payable at the time the materials are ordered. However, the Copayment for materials shall not apply to elective contact lenses. PLAN BENEFITS MEMBER DOCTOR NON-MEMBER BENEFIT PROVIDER BENEFIT VISION CARE SERVICES Eve Examination Covered in Full* Up to $ 45.00* Complete initial vision analysis which includes an appropriate examination of visual functions, including the prescription of corrective eyewear where indicated. Subsequent regular eye examinations once every plan year beginning on January Ist. *Less any applicable Copayment. 24 VISION CARE MATERIALS MEMBER DOCTOR NON-MEMBER BENEFIT PROVIDER BENEFIT Lenses Single Vision Covered in full* Up to $ 42 00* Bifocal Covered in full* Up to $ 72 00* Trifocal Covered in full* Up to $ 82.00* Lenticular Covered in full* Up to $ 122.00* Available once every plan year beginning on January 1 st. Frames Up to $120 00 toward the Up to $ 45.00* retail cost of the frame* Available once every other plan year beginning on January 1 st. *Less any applicable Copayment Lenses and frames include such professional services as are necessary, which shall include. • Prescribing and ordering proper tenses; • Assisting in the selection of frames; • Verifying the accuracy of the finished lenses; • Proper fitting and adjustment of frames, • Subsequent adjustments to frames to maintain comfort and efficiency; • Progress or follow-up work as necessary i -25 - Contact Lenses Contact lenses are available once every plan year in lieu of all other lens and frame benefits available herein. When contact lenses are obtained, the Covered Person shall not be eligible for lenses and frames again for one plan year. Visually Necessary — When Visually Necessary contact lenses are obtained from a Member Doctor, they will be covered in full with prior authorization from VSP. When Visually Necessary contact lenses are obtained from a Non-Member Provider, VSP will provide an allowance toward the cost as outlined below Coverage for Visually Necessary contact lenses regardless of whether they are obtained from a Member Doctor or Non-Member Provider are subject to review and authorization from VSP's Optometric Consultants. MEMBER DOCTOR NON-MEMBER BENEFIT PROVIDER BENEFIT Professional Fees and Materials Professional Fees and Materials Covered in full* Up to $210,00* Elective- Contact lenses for other than Visually Necessary circumstances MEMBER DOCTOR NON-MEMBER BENEFIT PROVIDER BENEFIT Professional Fees— and Materials Professional Fees and Materials Up to $200 00 Up to $125 00 *Subject to Copayment **Additional discount applies to Member Doctor's usual and customary professional fees for contact lens evaluation and fitting (see section on Additional Discounts below). 26 ADDITIONAL DISCOUNT Each Covered Person shall be entitled to receive a discount of twenty percent (20%)* toward the purchase of non-covered materials from any Member Doctor when a complete pair of glasses is dispensed. Also, Covered Persons shall be entitled to receive a discount of fifteen percent(1501o) off of contact lens examination services from any Member Doctor.** Discounts are applied to the Member Doctor's usual and customary fees for such services and are unlimited for 12 months on or following the date of the patient's last eye exam ** LIMITATIONS: • Discounts do not apply to vision care benefits obtained from Non-Member Providers. t • 20% discount applies to complete pairs of glasses only. • Discounts do not apply if prohibited by the manufacturer. • Discounts do not apply to sundry items- e.g , contact lens solutions, cases, cleaning products or repairs of spectacle lenses or frames. *Note. For Plan B patients (12/12/24), the 20% discount applies to the frame on the off year. **Professional judgment will be applied when evaluating prescriptions written by another provider Member Doctors may request a discounted additional exam. t 1 � i -27_ LOW VISION BENEFIT The Low Vision benefit is available to Covered Persons who have severe visual problems that are not correctable with regular lenses and is subject to prior approval by VSP Consultants MEMBER DOCTOR NON-MEMBER BENEFIT BENEFIT Supplementary Testing Covered in Full Up to $125 00 Complete low vision analysis/diagnosis which includes a comprehensive examination of visual functions, including the prescription of corrective eyewear or vision aids where indicated. Supplemental Care Aids 75% of Cost 75% of Cost Subsequent low vision aids as Visually Necessary or Appropriate. Copayment for Supplemental Aids: 25% payable by Covered Person Benefit Maximum The maximum benefit available is $1000.00 (excluding Copayment) every two years. NON-MEMBER PROVIDER BENEFIT Low Vision benefits secured from a Non-Member Provider are subject to the same time limits and Copayment arrangements as described above for a Member Doctor. The Covered Person should pay the Non-Member Provider his full fee. The Covered Person will be reimbursed in accordance with an amount not to exceed what VSP would pay a Member Doctor in similar circumstances NOTE- There is no assurance that this amount will be within the 25% Copayment feature 28 EXCLUSIONS AND LIMITATIONS OF BENEFITS PATIENT OPTIONS This Plan is designed to cover visual needs rather than cosmetic materials. When the Covered Person selects any of the following extras, the Plan will pay the basic cost of the allowed lenses, and the Covered Person will pay the additional costs for the options. • Optional cosmetic processes. • Anti-reflective coating. 1 • Color coating. • Mirror coating • Scratch coating. 1 • Blended lenses. • Cosmetic lenses. • Laminated lenses. • Oversize lenses. • Progressive multifocal lenses. • Photochromic lenses; tinted lenses except Pink#1 and Pink#2. • UV (ultraviolet) protected lenses • Certain limitations on low vision care. • A frame that costs more than the Plan allowance. • Contact lenses (except as noted elsewhere herein). NOT COVERED There is no benefit for professional services or materials connected with: • Orthoptics or vision training and any associated supplemental testing; plano lenses (less than a f.50 diopter power), or two pair of glasses in lieu of bifocals; • Replacement of lenses and frames furnished under this Plan which are lost or broken, except at the normal intervals when services are otherwise available; • Medical or surgical treatment of the eyes; • Corrective vision treatment of an Experimental Nature; ' • Costs for services and/or materials above Plan Benefit allowances; ' • Services and/or materials not indicated on this Schedule as covered Plan Benefits. VSP MAY, AT ITS DISCRETION, WAIVE ANY OF THE PLAN LIMITATIONS IF, IN THE OPINION OF VSP's OPTOMETRIC CONSULTANTS, IT IS NECESSARY FOR THE VISUAL WELFARE OF THE COVERED PERSON. -29- EXHIBIT B i VISION SERVICE PLAN SCHEDULE OF ADVANCE PAYMENT AND ADMINISTRATIVE FEE Enhanced Plan B VSP shall be entitled to receive amounts due for each month on behalf of each Enrollee and his/her Eligible Dependents, if any in the amounts specified below- ADVANCE PAYMENT: $9,860 68 ADMINISTRATIVE FEE: $2.05 per month for each eligible Enrollee (includes coverage for eligible dependents) NOTICE The amount due under this Plan is subject to change upon renewal (after the end of the Plan Term or any subsequent Plan Term) or upon change of the Schedule of Benefits or a material change in any other terms or conditions of the Plan. 1 1 i t t t -30- Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: RIVERBEND GOLF COMPLEX BUDGET ADJUSTMENT — APPROVE 2. SUMMARY STATEMENT: Approve a budget adjustment in the amount of $175,000 for the Riverbend Golf Complex. ZIn December 2006, Council authorized staff to proceed with an emergency replacement of the well pump at the Riverbend Golf Complex. At that time, staff did not request additional 2007 funding as the initial attempt was to absorb that capital equipment cost into the 2007 budget. If unable, a budget adjustment would need to be made in late 2007 In consulting with Finance Department staff in regards to actual expenditures through October 2007, a budget adjustment will be needed for a portion of the well pump replacement ( $20,000 of the $62,154 well pump expenditure). Additionally, z retail sales at the Merchandise Center in 2007 have exceeded expectations. Though ultimately resulting in increased profit, merchandise must first be purchased by Riverbend. Therefore, a budget adjustment of$155,000 for these expenditures is requested to reflect the higher than expected business at the Merchandise Center. The resulting $436,449 projected expenditure has netted a projected $479,236 in revenue (a 32%profit margin). 3. EXHIBITS: None 1 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund 48006820 Amount $175,000 Unbudgeted Revenue: Fund Amount$ 1 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION: Council Agenda Item No. 6K Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: DOUG LEVY CONSULTING SERVICES AGREEMENT FOR 2008 —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with Outcomes by Levy for government relations consulting services for 2008. 3. EXHIBITS: Consulting Services Agreement 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? $72,000 Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6L 41 rOFFICE OF THE MAYOR Suzette Cooke, Mayor r • Phone: 253-856-5700 KEN T Fax: 253-856-6700 W A S H I N G r O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 November 20, 2007 To: Kent City Council Operations Committee From: Michelle Witham, Community & Public Affairs Manager Through: John M. Hodgson, Chief Administrative Officer i Subject: 2008 Government Relations Consulting Services Agreement with Outcomes by Levy - Authorize it MOTION: Authorize the Mayor to sign the agreement with Outcomes by Levy for government relations consulting services for 2008 in the amount of $5,300.00 per month, plus agreed upon expenses, and upon review by the City Attorney. SUMMARY: Since the year 2000, the city has contracted annually with Doug Levy of Outcomes by Levy to provide services for the city of Kent. These services include the following activities: r • Assist with issue identification and meetings with Kent legislators prior to the Legislative Session. r • Continue to monitor and identify problems and opportunities for Kent on issues under consideration by various state legislative bodies including group meetings on transportation, fiscal resources, endangered species listings, and other state agency activities. 1 ■ Monitor and report legislation of concern to Kent during the Legislative Sessions(s), working with the Mayor's Office to provide regular status reports and to advocate for Kent on relevant issues. r ■ Assist with issue identification, opportunities for Kent, and advocacy efforts with Kent's federal representatives. ■ Assist with pursuit of funding for Kent projects, particularly at the state and r federal levels. Mr. Levy has proven himself to be extremely effective in advancing Kent's legislative agenda and has accumulated a great deal of expertise and knowledge regarding the issues of importance to Kent. EXHIBITS: Copy of agreement rBUDGET IMPACT: Budgeted r r 43 • KEN T WAS"INGTGN CONSULTANT SERVICES AGREEMENT between the City of Kent and Outcomes by Levy THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Outcomes by Levy organized under the laws of the State of Washington, located and doing business at 15619 NE 62"d Place, Kenmore, WA 98028; 425-922-3999 (hereinafter the "Consultant") I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications. Scope of Work: IThe following outlines the scope of work under this Agreement. Specific work plans shall be developed mutually and reviewed on a regular basis. ■ Assist with issue identification and meetings with Kent legislators prior to the Legislative Session. ■ Continue to monitor and identify problems and opportunities for Kent on issues under consideration by various state legislative bodies including group meetings on transportation, fiscal resources, endangered species listings, and other state agency activities. ■ Monitor and report legislation of concern to Kent during the Legislative Sessions(s), working with the Mayor's Office to provide regular status reports and to advocate for Kent on relevant issues. ■ Assist with issue identification, opportunities for Kent, and advocacy efforts with Kent's federal representatives. ■ Assist with pursuit of funding for Kent projects, particularly at the state and federal levels. Reporting and Communication: rThe Consultant shall communicate weekly with designated staff regarding work under this Agreement. Monthly summaries of work completed shall be appended to invoices for payment. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement Upon the effective date of this Agreement, Consultant shall complete the work described in Section I during the year 2008 and ending on December 31, 2008. r 44 , III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Three Thousand and six hundred dollars ($63,600.00), not including approved and agreed upon ' expenses for the services described in this Agreement, The City shall reimburse the Consultant for expenses incurred while doing business on the City's behalf, which shall be limited to meals, parking, lodging, mileage at the State of Washington's standard reimbursement rate, phone calls attributable to City of Kent business, legislative session office space and expenses, and other travel and conference/meeting expenses where such attendance is directed by the City . Where such expenses are incurred in connection with work on legislative or regulatory issues affecting the Contractor's other relevant clients, these expenses shall be pre-rated to maximum extent practicable. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement The City shall provide payment within forty-five (45) days of receipt of an invoice. if the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this , Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon , providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. ' VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the , Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIL INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, Doug Levy/ 11/16/2007Page 2 ' including all legal costs and attorney fees, arising out of or in connection with the Consultant's perfoll5ance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to ' avoid any of these covenants of indemnification Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's 1 negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant Consultant shall make such data, documents, and files available to the City upon the City's request. IThe city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XHI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3 80 of the Kent City Code, the City requires its Icontractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. Doug Levy! 11/16l2007Page 3 B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of 4' of the ' covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving ' that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D Written Notice. All communications regarding this Agreement shall be sent to the parties at the ' addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified to writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. , F. Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement ' However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance , of those operations. i r Doug Levy/ 11/16/2007Page 4 1 47 r IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date 1 entered below. CONSULTANT: CITY OF KENT: By: By: (s tgnature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (Tide) (Title) DATE- DATE: 1 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: 1 Doug Levy John M. Hodgson, CAO Outcomes by Levy City of Kent 15619 NE 62°d Place 220 Fourth Avenue South Kenmore, WA 98028 Kent, WA 98032 1 (425) 922-3999 (telephone) (253) 856-5710 (telephone) 425 424-8921 (facsimile) (253) 856-6700 (facsimile) APPROVED AS TO FORM: 1 Kent Law Department 1 1 1 1 1 Doug Levy/ t 1/16/2007Page 5 48 ' DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, fic Agreement to adhere to. An affirmative response is required on all of subcontractor or supplier on this speci the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 1 have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of , women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime , Contractor, that the Prime Contractor complied with the requirements as set forth above By signing below, I agree to fulfill the five requirements referenced above. , Dated this day of 200_. By: For: ' Title- Date: EEO COMPLIANCE DOCUMENTS- 1 1 CITY OF KENT 49 ADMINISTRATIVE POLICY 1 NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and 1 equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 50 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT , This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. ` I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_ By: ' For: Title: Date: , EEO COMPLIANCE DOCUMENTS- 1 51 EXHIBIT A PAYMENT SCHEDULE I Invoices shall be submitted monthly for 1/12 of the annual contract amount and any relevant expenses as 1 detailed in the contract. 1 1 EXHIBIT B INSURANCE REQUIREMENTS No Insurance is required for this Contract. i 1 1 1 1 1 1 1 i 1 i 1 EEO COMPLIANCE DOCUMENTS-4 1 Kent City Council Meeting Date December 11, 2007 Category Consent Calendar ' 1. SUBJECT: ANNUAL WRITE OFFS —AUTHORIZE ' 2. SUMMARY STATEMENT: Authorization for the write-off of$22,815 95 in accounts receivable, utility charges, and permit fees from 2006. The Washington State Auditor's Office has recommended that the City write-off uncollectible accounts receivables that are over one year old. The write-off request is for $22,815.95 on uncollectible accounts from 2006. Accounts receivable $ 3,466.76 Permits 19,349 19 Total write-off request $ 22,815 95 ' 3. EXHIBITS: Write-of list 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure9 None Revenue? None 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. 6M 23 • KEN T tY�i Nt N[i TIJN FINANCE R. J. Nach linger,Director Phone: 253-856-5260 Fax: 253-856-6255 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 December 4, 2007 ' TO: Kent City Council Operations Committee FROM: R. J. Nachlinger, Finance Director ' THROUGH: John Hodgson, Chief Administrative Officer SUBJECT: Write-offs for 2007 ' MOTION• I move to recommend that the Operations Committee authorize the write-offs of miscellaneous accounts receivable, utility billing and permit charges totaling $22,815.95 for accounts from 2006. SUMMARY: The Washington State Auditor's Office has recommended that the City write- off uncollectible accounts receivables that are over one year old The write-off request is for $22,815.95 on uncollectible accounts from 2006. BUDGET IMPACT: There is no budget impact resulting from these write-offs as the amount has been fully reserved as a bad debt in previous years. DETAIL: Accounts receivable $ 3,466.76 ' Permits 19,349,19 Total write-off request $ 22,815.95 24 ' 2007 Write-offs ' Misc. Accounts Receivable Write-offs: DATE CUSTOMER AMOUNT SERVICE Inv. # 03/22/07 Bagman Cafe-Out of Business 5750 FIRE Prev- Permit 10-'06 RI 6681 03/22/07 Emerald Package Express-Out of Business 5750 FIRE Prev- Permit 4206 RI 6684 03/22/07 Sound Pak- Closed, no forward 5750 FIRE Prev- Permit 8206 RI 6695 03/29/07 We Care Cleaners- Out of Business 5750 FIRE Prev- Permit 12205 RI 6775 ' 03/04/05 Rivera, Raymond- Mail Returned, no forward 67500 LAW-Code Enforce Fines RI 2834 11/01/06 Kemai, Easler-Mail Returned, no forward 14500 PARKS-Rental RI 5812 09/17/04 Burnett, Michael- Mail Returned, no forward 14746 PWO-Sand fuel spill RI 2054 ' 10/21/05 Rosenberger, Jason- Mail Returned, no forward 11368 PWO-Repair barrier RI 3748 07/27/06 Schonfeld, David- Mail Returned, no forward 1,91434 PWO-Repair guardrail RI 5156 Total A/R Write-offs: 3,225.48 LID Write-offs: DATE CUSTOMER AMOUNT Charges LID# 7/13106 Kent Industries, Inc 16097 LID Penalties 336-000400 ' 7/13106 Kent Industries, Inc 8031 LID Penalties 336-000500 Total LID Write-offs: 241.28 1 Planning Unpaid Permit Fee Write-offs: DATE Permit Number AMOUNT Fee Type Permit# ' 6/24/02 1/2 collected amount paid to collection agency 2,801 81 Basic House Plan Rh11-2021966 10/29/04 Bad address/phone, no longer in business 8600 Building Revision RVS1-2043691 5/3/02 2002 and less than $150 7271 Increased Building Value RD11-2031236 ' 9/29/06 Unable to resolve payment dispute 4375 Mechanical Fees RM1 1-2 06461 4 1/18106 To small for collections 1313 Increased Building Value RA13-2060293 Total Permit Write-offs, 3,017.40 Engineering Unpaid Permit Fee Write-offs: DATE CUSTOMER AMOUNT Fee Type Permit# 7/26/06 Namco Financial (Orillia Station Project) 10,159 85 Storm Connection Permit CNST 2022517SU ' 7/26/06 DBM Consulting (Sun Coast Plaza Project) 6,171 94 Storm Connection Permit CNST 2032389CC Total Permit Write-offs: 16,331.79 TOTAL - 2007 WRITE-OFFS: $22,815.95 ' 1 Kent City Council Meeting Date December 11, 2007 Category Consent Calendar ' 1. SUBJECT: FINANCIAL ADVISOR CONTRACT—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the selection of Seattle Northwest Securities as the City's Financial Advisor for a five-year period. ' With the upcoming bond issue for the Events Center as well as other potential issues, the City will be best served by a financial advisor the help coordinate the issuance of debt, assist in negotiations on the sale of bonds and the purchase of bond insurance, assist in dealings with the rating agencies, and to verify the pricing of the bonds to be issued. 3 EXHIBITS: RFQ for Financial Advisor and Memo 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT None as payments will come from bonds to be issued Expenditure? _ Revenue? ' Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6N 25 ' KEN-Tr FINANCE ' R. 3. Nach linger,Director Phone: 253-856-5260 Fax: 253-856-6255 ' Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 December 4, 2007 TO: Kent City Council Operations Committee FROM: R. J. Nachlinger, Finance Director ' THROUGH: John Hodgson, Chief Administrative Officer SUBJECT: Approval of the Selection of a Financial Advisor t MOTION: I move to recommend that the Operations Committee authorize the selection of Seattle Northwest Securities as Financial Advisor for the City for a period of five years. 1 SUMMARY: With the upcoming bond issue for the Events Center as well as other potential ' issues, the City will be best served by a financial advisor the help coordinate the issuance of debt, assist in negotiations on the sale of bonds and the purchase of bond insurance, assist in dealings with the rating agencies, and to verify the pricing of the bonds to be issued. ' BUDGET IMPACT: These is no budget impact resulting from this engagement as the 9 p 9 payment will only accrue upon the issuance of the bonds and will be charged as a cost of issuance of the debt. ' DETAIL: A RFQ was sent to six firms for the position of financial advisor (see attached) and responses were received from four of them. One firm also proposed for underwriter of the bonds and was selected for that role which precluded them from the financial advisor role. The three responses considered were from Public Financial Management (PFM), a nationwide firm specializing in financial advisory work; Seattle Northwest Securities (SNW), a pacific northwest firm specializing in Washington, Oregon, Idaho, and Alaska bonds; and Dashen-Musselman (DM) a local Bellevue firm. The analysis was done on capabilities and price. The final analysis was that PFM could clearly do the work at the highest price and my concern was that the City might get lost in a firm that size. DM could do most of the work contemplated in the RFQ but without a trading desk my concern was the ability to ' accurately track market conditions on the day of sale to insure the best rates on the bonds. SNW could do the work, had the trading desk, had expertise in the local area and was cheaper than PFM. ' 27 KENT W A S H I N G`O N ' City of Kent, Washington City of Kent, Special Events Center, Public Facilities District ' Request for Qualifications for Financial Advisory Services The City of Kent and the newly created Kent Special Events Center Public Facilities District ("PFD") are requesting qualification summaries from financial advisory firms with demonstrated experience as more completely described in the following Request for ' Qualifications (RFQ). Qualified organizations are invited to submit three (3) copies of their response as ' specified in this document (see response requirements). Responses are to be addressed to Robert Nachlinger, Finance Director, City of Kent, 220 Fourth Ave. South, Kent, Washington, 98031. The deadline for receipt of the responses is no later than 5.00 PM, Thursday, November 15, 2007. Responses will be reviewed and the firms whose responses most appropriately meet the City's and the PFD's needs will be considered. 1.0 Introduction 1.1 The Engagement The City and the PFD are seeking the services of a Financial Advisory Firm to assist in the preparation for and issuance of municipal debt in relation to the following potential projects: $62.7 Million for the PFD to finance the construction of a multi-purpose events enter $20 Million for the City to finance a portion of a new maintenance facility, technology ' improvements, and sidewalk construction $45 Million for the construction of an Aquatics Center for the City $60 Million in facility improvements related to a potential annexation ' $30 Million in revenue debt for the new maintenance facility The term of this engagement is expected to be five (5) years during which time the above transactions are expected to occur. iof5 28 ' 1.2 Delivery of Responses Responses to this RFQ process are due into the Finance Department no later than 5:00 PM, Thursday, November 15, 2007 Responses not received by that time may be returned and rejected, at the City and PFD's sole discretion. 1.3 Cost of Preparation The cost of preparing the response to this RFQ shall be borne entirely by the respondent. 1.4 Evaluation Results The preliminary results of the review of the responses to this RFQ will be available to all respondents within a week of the submission. The final approval will come from action of the City Council. ' 1.5 Timeline for Approval The administration anticipates that the recommendation will be forwarded to the City Council's Operations Committee at their meeting of November 20, 2007 with approval at the meeting of the City Council at their meeting of December 11, 2007. 2.0 General Conditions 2.1 Rejection, Clarification or Modification of Responses , The City and the PFD reserve the right to reject any or all responses; to re-advertise this ' RFQ; to postpone or cancel this process; to waive irregularities in the RFQ process or in the responses thereto; and to change or modify the RFQ schedule at any time. The City and the PFD may independently seek clarification of any proposal at any time, and the City and the PFD may, at their sole discretion, elect to enter into detailed negotiations with any firm or firms. Also, the City and the PFD may, for any reason at any time, terminate those negotiations or commence detailed negotiations with other firms. 2.2 Availability of Personnel Personnel described in the response shall be available to perform the services as described. All personnel shall be considered to be, at all times, the employees or agents of the respondent, and not employees of the City or the PFD. 2.3 Ownership of Documents ' All documents resulting from this engagement shall become sole property of the City and/or the PFD. , 2.4 Term of the Engagement The anticipated engagement shall be for a term of five (5) years, subject to certain early ' termination provisions. Any modification of the engagement shall require the mutual consent of all parties. 2of5 29 3.0 Scope of Services The Financial Advisor for the City and the PFD shall: Serve as the consultant on debt financing projects Provide independent financial advice and serve solely the interests of the City and the PFD Manage the bond financing process and negotiate key business points to accomplish the City and PFD's objectives Services to be Provided 1. Develop a plan of financing and prepare a financing schedule. 2. Evaluate approaches of various financing structures and propose methods for accomplishing the entity's objectives. This is to be done in conjunction with City staff. 3. Review legal documents. 4. Analyze and report on the advantages and disadvantages of each proposed financing plan. 5. Evaluate the projected cash flow from any revenue sources that may constitute security for any obligation incurred. 6. Review existing agreements and debt commitments to determine potential impacts, if any, on each proposed financing plan and make appropriate recommendations to the City's or PFD's financing team. 7. Work with the Bond Counsel and financing team in recommending size, structure, and specific terms and conditions of the debt issue, present information on the methods of sale. 8. Advise the City and/or PFD on areas of industry specific knowledge that would affect the financing and marketing of the debt. 9. Assist Bond Counsel in preparing the official statement and continuing disclosure document for the debt. 10. Prepare credit profiles and assist staff in making presentations to bond insurance companies and/or bond rating agencies. 11. Prior to the sale of debt, assist in any informational meeting if those meetings are necessary of desirable. 12. Assist in negotiations with bond insurers and/or letter of credit providers. 13. Manage the sale process of the debt, whether competitive or negotiated. 14. Assist in the closing of the financing. 15. Prepare and deliver presentations to the City Council or PFD Board to facilitate an understanding of public sector financing to the governing boards as may be necessary. 16. Analyze the financing impact of project costs, cash flow projections, and rate implications; participate in the development of alternative strategies with the financing team. Reporting The financial advisor will report to the Director of Finance of the City and the Treasurer of the PFD. 3of5 30 Proposal Requirements 1. Scope of Services. Proposers shall provide a clear and concise response to the requirements set forth above. 2. Qualifications. The proposer shall identify the key personnel to be involved in this engagement, including, if any, sub-consultants and co-proposers. Proposer will provide a brief resume for each key person including specific qualifications relevant to the anticipated financings Experience with other local governments and Washington debt issuance should also be included. 3. References. The proposer shall include the name, address, and telephone number of , three to five clients where they provided similar services. The City and the PFD reserve their right, however, to seek references from any entity that the proposer has previously worked with. 4. Disclosure. The proposer shall disclose any professional or personal financial interest which could pose a potential conflict of interest in representing the City and the PFD. Additionally, the proposer shall disclose any other arrangements for additional compensation through the sale of products. 5. Fee. The City and the PFD anticipate negotiating a fixed fee per bond with a minimum fee for each of the transactions performed under this engagement All fees shall be payable from the financing proceeds and no fee will accrue unless financing occurs. 6. Proposal Submission. Qualified organizations are invited to submit three (3) copies of their response to this request as specified in this document (see response requirements). Responses are to be addressed to Robert Nachlinger, Finance Director, City of Kent, 220 Fourth Ave. South, Kent, Washington, 98031. The deadline for receipt of the responses is no later than 5:00 PM, Thursday, November 15, 2007. All submissions must be delivered in writing; electronic or facsimile submittals are not acceptable. Responders are solely responsible to make actual delivery to this address. Failure to accomplish delivery at this address by the specified date and time may result in rejection of the response. Selection Process Responses will be evaluated based upon, but not limited to, related experience of the respondents, knowledge of the City and PFD, professional qualifications of the individuals assigned to the engagement, creative financing strategies, and overall proposal content. Responses will be reviewed promptly and oral interviews, if deemed necessary, will be scheduled shortly after the date for submission. The City and the PFD reserve the right to reject any or all responses and to waive any irregularities in any response reviewed. Additionally, any response which does not conform to the instructions herein may be rejected. The City and the PFD reserve the right to negotiate the final terms of the engagement. 4 of 5 31 By submitting to this RFP process, the proposer acknowledges and accepts that the City and the PFD evaluation decision will be made on both objective and subjective criteria. The proposer further agrees it will not subsequently file any claim or suit pertaining to the City's decision on the RFP based on this process and specifically waives any right it might have to file that claim or suit. Nothing in this RFQ shall be deemed to commit the City and/or the PFD to engage a financial advisor. Limitations L The financial advisor shall not be permitted to participate directly or indirectly in any manner in the purchase of any debt or bonds in which it serves as financial advisor. i i i i i i i 5 of 5 Kent City Council Meeting Date December 11, 2007 Category Consent Calendar j I. SUBJECT: UNDERWRITING TEAM CONTRACT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the selection of Lehman Brothers, Wachovia Securities and Piper-Jaffrey as the underwriting team for the City for a period of five-years. With the upcoming bond issue for the Events Center as well as other potential issues, the City will be best served by a team of bond underwriters to provide the widest distribution of the issued bonds to the marketplace. The team of three will provide two national firms and a regional firm to access both the local and national markets. 3 EXHIBITS: RFQ for Municipal Underwriting Services 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure9 None Revenue? None jCurrently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds j DISCUSSION: ACTION: j Council Agenda Item No. 60 33 KENT FINANCE I R. J. Nach linger,Director Phone: 253-856-5260 Fax: 253-856-6255 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 December 4, 2007 TO: Kent City Council Operations Committee FROM: R. J. Nachlinger, Finance Director THROUGH: John Hodgson, Chief Administrative Officer SUBJECT: Approval of the Selection of an Underwriting Team � 1 MOTION• I move to recommend that the Operations Committee authorize the selection of Lehman Brothers, Wachovia Securities and Piper-Jaffrey as the underwriting team for the City for a period of five years. SUMMARY: With the upcoming bond issue for the Events Center as well as other potential 1 issues, the City will be best served by a team of bond underwriters to provide the widest distribution of the issued bonds to the marketplace. The team of three will provide two national firms and a regional firm to access both the local and national markets. BUDGET IMPACT: These is no budget impact resulting from this engagement as the payment will only accrue upon the issuance of the bonds and will be charged as a cost of issuance of the debt. DETAIL: A RFQ was sent to eight firms for the position of underwriter of the City's bonds (see attached). Upon reviewing the responses to the RFQ, Lehman Bros. was selected for its access to the institutional New York markets, Wachovia, who recently merged with A. G. Edwards, has a nationwide retail distribution network through its banking arm, and Piper- Jaffrey has expertise in the sale and marketing of Washington debt as well as a local cadre of clients. Together, these firms give the City access to all facets of the market and the City will be well served by the team. 1 1 1 1 35 KENT WASW NGTON The City of Kent, Washington and The City of Kent Special Events Center Public Facilities District Request for Qualifications for Municipal Bond Underwriting Services j 1.0 INTRODUCTION TO REQUEST FOR QUALIFICATIONS 1.1 Introduction The City of Kent is seeking qualified investment banking firms (the "Applicant" or "Firm") to serve as bond underwriters to the City and/or the Kent Special Events Center Public Facilities District ("PFD") in connection with the advancement of the City's Capital Improvement Program (the "Engagement"). The City intends to compose a team of three [3] underwriters (the "Underwriting Team") to serve for five years. The financing team for any transaction will consist of City staff, bond counsel, a financial advisor and the Underwriting Team. Selection as a member of the Underwriting Team shall not necessarily result in the creabon of a contractual relationship between the City and that member. The City reserves the right, in its sole and absolute discretion, to dismiss from the underwriting team any member for any reason at any time. Submission of a response to this RFQ shall constitute the Applicant's agreement to these terms. The Underwriting Team will consist of the following positions, with the intent that each position 1 will be assigned the following bond allocations: A. Senior Manager. On any given bond transaction, the City will designate one firm as Senior Manager. It is anticipated that the City will rotate these designations among the firms selected. Target bond allocation for the Senior Manager will be 50% of the issue size and for Co-Managers, 25% of the issue size. Firms interested in submitting a proposal must be qualified for a Senior Manager Position and shall demonstrate national underwriting experience, strong bond distribution capabilities, and an expertise in municipal tax-exempt financings. B. Two Co-Managers. On any given bond transaction, the City will assign two firms as Co- Managers at a target bond allocation of 25% of the issue size to each Co-Manager. 1 of 6 36 The City reserves its unqualified right to adjust these allocations and payment will be based on bonds sold rather than the allocation. The City will negotiate suitable compensation for any given bond transaction with the selected r Senior Manager before the transaction is priced. The remaining members of the Underwriting Team agree to accept the compensation negotiated between the Senior Manager and the City. 1.2 Pre-requisite Qualifications and Duration of Underwriting Team A. Pre-requisite Qualifications. Firms submitting a Proposal in response to this RFQ must, at ' a minimum, meet the following pre-requisite qualifications. An affirmative statement confirming compliance with these qualifications must be included in the Proposal. • The Firm must have national recognition as an underwriting firm as exemplified by continuously maintaining a Red Book listing within the area of Dealers & Underwriters for at least two (2) years; • The Firm must be current and in compliance with all filing requirements of Rule G-37. The Firm must represent and warrant that its respective officers, directors, employees or agents have not made any contributions or undertaken any actions that are in violation of Rule G-37 or that may serve to disqualify the Firm from acting as underwriter to the City. • The Firm must carry any and all necessary licenses and authorizations to act as an underwriter of municipal debt in the State of Washington. If selected, the Firm shall maintain all licenses and authorizations required to complete the engagement. It is the underwriter's responsibility to notify the City immediately in the event that it is no longer licensed or authorized to act as an underwriter of municipal debt within the State of Washington. All Applicants must submit an affirmative statement confirming compliance with these qualifications with its proposal. B. Duration of Underwritinq Team. Subject to the City's continuing right to terminate any member of the Underwriting Team at any time, with or without cause, the duration of the Underwriting Team will be five (5) years, commencing on the date authorized by the City Council confirming the City's selection of the Underwriting Team. 1.3 Business Objective The City is seeking experienced Firms to provide municipal bond underwriting services for the City of Kent managed by the City's Finance Department. 1.4 Deadline for Receipt The deadline for receipt of these proposals will be Thursday, November 15, 2007 at 5.00 PM in the Finance Office. 1.5 Discrepancies, Errors, and Omissions The City reserves its exclusive right to waive any errors, discrepancies, or omissions in any proposal submitted in response to this RFQ. 1.6 Disqualification The City reserves, in its sole discretion, the right to disqualify any Firm based on its response to this RFQ. 2of6 ' 37 1.7 Proposal Receipt Proposals received after the deadline for submission may be removed from further consideration, at the City's sole discretion. 1.8 Rejection, Clarification and Modification of Proposals The City reserves its absolute right, at its sole discretion, to re]ect any and all proposals without penalty and not to issue a contract as a result of this RFP. The City may independently seek clarification of any proposal at any time, and the City may, at its sole discretion, elect to enter into detailed negotiations with any Firm or Firms. Further, the City may, for any reason at any time, terminate those negotiations or commence detailed negotiations with other Firms. 1.8 Capital Expenditures The City and the PFD anticipate a number of separate transactions over the period of this agreement. The anticipated transactions include, but are not limited to: Financing for the Kent Events Center anticipated to be $62.7 million. Financing for a maintenance facility, technology, and sidewalks - $20 million. Financing for an Aquatics Center anticipated to be $45 million. Financing for building improvements for a planned annexation - $60 million Financing for the balance of the maintenance facility from revenue bonds - $30 million 1.9 RFQ Process Milestones The City will evaluate the responses to this RFQ and submit a recommendation to the City Council's Operations Committee at its meeting of November 20, 2007. We anticipate that the City Council will approve the recommendation at its meeting of December 11, 2007. 2.0 SPECIFICATION/SCOPE OF WORK A. SENIOR MANAGER The services to be provided by a Senior Manager shall include, but not be limited to, the following: 1. Develop the structure and overall marketing strategy on a bond transaction to which the manager has been assigned and to work with the Finance Director, the City Attorney's office, bond counsel, financial advisor, rating agencies, trustees and other professionals involved in the transactions. 2. Manage the underwriting team assigned by the City to work with the Senior Manager (as book running manager). 3. Assist the City, its financial advisor and bond counsel in drafting the preliminary official statement, the official statement and any other documents required to authorize, market and sell the bonds. 4. Sell bonds. 5. Provide analyses of market conditions and advise the City and its financial advisor with j regard to market timing and development of a marketing plan for the bonds. 6. Assist the City in developing and presenting information to the rating agencies, bond Iinsurers and investment community. B. CO-MANAGERS The services to be provided by the underwriting firms assigned to a negotiated bond transaction when serving as Co-Manager on a transaction shall include, but not be limited to, the following. 1. Assist the Senior Manager in providing the primary and secondary market support for the City's financing endeavors. 3 of 6 38 ' 2. Assist the Senior Manager in providing the analyses of market conditions and advise the City and its financial advisors with regard to market timing and development of a marketing plan for the bonds. 3. Sell bonds. 3.0 GENERAL TERMS AND CONDITIONS 3.1 Acceptance and Rejection The City anticipates recommending three firms to serve as underwriters. The submissions from the firms submitting may be rejected for any reason. 3.2 City Not Liable for Delays The City anticipates that the City Council will adopt the recommendation at its meeting of December 11, 2007. No liability will accrue to the City if this date is not achieved. 3.3 Cost Incurred by Proposers The costs associated with responding to the RFQ belong to the firms submitting. The City will not reimburse any costs borne by the proposers. 3.4 Business and Occupational (B&O) Taxes The City of Kent does levy a B&O tax. Under the model B&O tax ordinance, revenue received from the work associated with underwriting City debt will be apportioned if the firm resides in a B&O tax City. +� 3.5 One Proposal Only one (1) Proposal from an individual, firm, partnership, or corporation will be considered in response to this RFQ Joint ventures will not be considered. 3.6 No Obligation to Contract This RFP does not obligate the City to contract for services contemplated in this RFP. 4.0 SUBMISSION REQUIREMENTS 4.1 Response Format Each Firm must prepare its response to incorporate the following sections of requested information. The sections should be limited to the numbers of pages (on 8 1/2" x 11" paper) set forth below for each section. The Firm shall provide the information in the following order• 1. Cover Letter - may provide an overview of the Firm's submission. (limit 2 pages). 2. Table of Contents 3. Contact Information Firm name, office locations, and address of office(s) where services shall be performed. Name, title, office location, e-mail address, phone number and fax number of the individual(s) who shall serve as the primary account representatives (Limit to one page) 4.2 Required Information a) General description and brief history of the Firm (limit to two pages). b) A declaration of compliance to the prerequisites as stated in Section 1.2 above. c) Firm shall submit evidence that the Firm is qualified to do business in the State of Washington as a municipal bond underwriter. 4 of 6 11 39 ' d) Resumes of each public finance professional that will be assigned to the engagement. Describe the role of each in, and level of commitment to, the engagement as well as their experience with municipal clients.(limit to one page per professional). e) Disclose any potential conflicts the Firm may have in acting as a member of the Underwriting Team for the City (no page limit). f) For the Firm and for each employee of the Firm listed above (i.e. the primary account executive and public finance professionals assigned to the engagement), a brief explanation of. (i) litigation pending or past judgments entered against the individual or his or her firm, because of an act or omission of such individual in a professional liability action, if any; and (ii) regulatory or criminal actions, proceedings or investigations to which the individual or the Firm has been subject over the last three years, whether or not the same has resulted in charges, convictions, suspensions or debarments (no page limit). g) Certify the Firm's Excess Net Capital position as of September 30, 2007. h) Describe the Firm's bond sales abilities with emphasis on the Firm's institutional and/or retail distribution capabilities and ability to place Washington paper. Include in a tabular format the following (limit to three pages): 1) Number of sales personnel in Washington 2) Number of offices in Washington 3) Number of offices nationally i) For each of calendar years 2004, 2005 and 2006 and in tabular format, set forth the total number of municipal bond transactions the Firm has served as Senior Manager, the total par amount involved, the management fee charged, risk premiums (if any), and the average take-down (limit to one page) j) For each of calendar years 2004, 2005 and 2006 and in tabular format, set forth the total number of municipal bond transactions the Firm has served as Co- Manager and the total par amount involved (limit to one page). k) Describe the Firm's understanding of the City of Kent including its history, mission and future plans (limit to two pages). 1) Describe what the Firm sees as the City's future financial opportunities and/or obstacles in advancing the City's Capital Improvement Program (limit to four pages). 5 of 6 40 4.2 Evaluation Criteria Submissions shall be evaluated, in part, based on the following criteria: Criteria Percentage Points (approx.) Firm's Overall Qualifications and Experience 27.5 , Qualification and Experience of Personnel 15.0 Understanding of City 25 0 Ability to Underwrite Bonds 32.5 Total 100% Oral presentations may be utilized in selecting Firms. The City will select the finalists from the Firms' responses to the RFP and any requested oral presentations. Should negotiations fail with any finalist at any time, the City may reopen discussions or negotiations with any of the other Applicants. Although scoring will be used to evaluate proposals, the City's evaluation team reserves the right to make subjective decisions as to the selected finalists. Scores will be instructive to the evaluation team, but not binding. Scores will inform the team's decision, but will not control the team's decision. By submitting to this RFP process, the Applicant acknowledges and accepts that the City evaluator's decision will be made on both objective and subjective criteria and further agrees it will not subsequently file any claim or suit pertaining to the City's decision on the RFP based on this process and specifically waives any right it might have to file such a suit or claim 6 of 6 Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: EAST HILL OPERATIONS GRADE & FILL —ACCEPT AS COMPLETE 1 2. SUMMARY STATEMENT: Accept the East Hill Operations Grade and Fill project as complete and release retainage to Scarsella Brothers, upon standard releases from the state and the release of any liens. The original contract amount was $938,543.22. The final contract amount was $631,881 60 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda LItcm No. 6P Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: 2007 WATERMAIN REPLACEMENTS —ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the 2007 Watermam Replacements as complete and release retamage to Reed Trucking & Excavating, upon standard releases from the state and release of any liens. The original contract amount was $235,920.14. The final contract amount was $174,883.09. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? — Currently in the Budget? Yes X No If no• Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: i Council Agenda Item No. 6Q Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: KENT EVENTS CENTER FLOODPLAIN MITIGATION— ACCEPT AS COMPLETE 1 2. SUMMARY STATEMENT: Accept the Kent Events Center Floodplain Mitigation project as complete and release retainage to Construct Company, upon standard releases from the state and the release of any liens. The original contract amount was $664,235.55. The final contract amount was $480,597.24. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? _ Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6R Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: 2008 STREET SWEEPING CONTRACT—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign and award McDonough & Sons, Inc. the 2008 Street Sweeping Contract in the base amount of$14,998 per month, with the option of four additional one year terms, upon concurrence of the language therein by the City Attorney and Public Works Director. 3. EXHIBITS: Public Works Memorandum and Contract 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i DISCUSSION: ACTION: Council Agenda Item No. 6S j5 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 'A AS HINGTON Address. 400 West Gowe Kent, WA 98032 Date: November 12, 2007 To: Chair Debbie Raplee and Public Works Committee Members I PW Committee Meeting Date: November 19, 2007 From: Bill Thomas, Street Superintendent Through: Larry Blanchard, Public Works Director Subject: 2008 Street Sweeping Service Agreement ITEM 2 Motion: Move to recommend Council authorize the Mayor to sign and award McDonough & Sons, Inc. the 2008 Street Sweeping Contract in the base sweep amount of $14,998 per month, with the option of four additional one year terms, upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: The City of Kent has an extensive and liberal street sweeping schedule, which requires a contractor service the City virtually 10 hours a day, 5 days per week Additionally during the ' fall and winter seasons, the City requires the contractor perform "Premium" sweeping over and above its normal schedule to remove sand and leaves from the gutter lines in order to prevent flooding and debris build up in the storm system. McDonough & Sons, Inc. is the City's current street sweeping contractor. For the last five (5) years, McDonough has shown that it is capable of meeting the City's scheduling needs. While McDonough's response to the City's Request for Proposals was not the lowest in dollar amount, the Public Works Department believes it is the proposal that best suits the needs of the City. 2008 Street Sweeoina Service Agreement History: The City of Kent has a long standing practice of sweeping streets to prevent leaf build up and debris from filling the City's storm water lines. The City requires more frequent sweeping than other cities in the Puget Sound area. Over the years, the City has employed different contractors to provide street sweeping. Unfortunately, some contractors have not met City expectations, requiring City staff constantly monitor daily sweeping The company which submitted a response with the lowest monthly cost, Action Services Corporation ("ASC"), previously provided sweeping services to the City from January 1, 1996, to December 31, 2000, with a one-year extension through 2001. By the end of 2001, it was apparent that ASC could not meet the demands of the City's sweeping schedule due to lack of personnel, equipment break downs, and inability to increase the number of days sweeping was performed. In 2002, the City decided to institute a one (1) year service agreement, with four additional one (1) year options, which was awarded to McDonough. While McDonough has also ` u IPWCommtttee�AcbonPage)2007111 19 071tem 2 Street Sweepmg doc Page I of 2 6 experienced problems keeping up with the City's schedule, unlike the experience with ASC, McDonough made every effort to sweep the roads on schedule, or as close to it as possible. If City staff called in a missed street, McDonough was there within 24 hours to sweep it. Response times were an issue that contributed to the City's dissatisfaction with ASC's performance. In 2002, City staff set up a proposal format that required each contractor to present its program and conduct a site visit to its place of business, which allowed the contractor the opportunity to discuss its program and show City staff its operations. After that process, McDonough was selected based on its presentation and operational abilities. For the 2008 contract, City staff decided to again request proposals from interested firms. The , response which set forth the lowest per month cost for base street sweeping services was ASC, at $13,489 per month. McDonough & Sons, Inc. was next, at $14,998.06 per month. Although McDonough's response did not provide the lowest monthly cost to the City, based on past history and performance, City staff recommends Council award the street sweeping agreement to McDonough & Sons, Inc. for 2008, with the option of four (4) additional one (1) year terms. As additional information for the Committee, below is the order in which City staff rated the various responses to its Request for Proposals: Order of Finish after Presentations and Site Visits: McDonough & Sons, Inc. $14,998 Action Services Corporation $13,489 Vince Brothers Corporation $18,609 SeaTac Sweeping Service $38,002 Western States Environmental $43,700 All dollar amounts are monthly lump sums excluding any applicable taxes. u 1PWCommitteelAcoonPage12007111 19 071tem 2 Street Sweeping doc Page 2 of 2 ' STREET SWEEPING SERVICE AGREEMENT 2008 ITHIS STREET SWEEPING SERVICE AGREEMENT ("AGREEMENT") is entered into between the CITY OF KENT, a Washington municipal corporation ("CITY") and McDonough & Sons, Inc., a Washington Corporation ("CONTRACTOR"). WITNESSETH: ' That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties covenant and agree as follows: ' I. TERM AND PAYMENT. 1.1 Term of Agreement and Extensions. The Agreement shall be in effect for a term of twelve (12) months, commence on January 1, 2008, end on December 31, 2008. However, in the event the CONTRACTOR has fully performed all the terms, covenants, and conditions of this Agreement to the CITY's satisfaction, and because the contract is not a 1 public works contract, and is a service contract, the CITY may, at its sole option, extend the term of this Agreement for up to four additional one (1) year terms. The CITY's option to extend this Agreement shall be delivered by written notice to the CONTRACTOR not less than sixty (60) days prior to the expiration of each term As used throughout this document and any attachments incorporated into it, the terms "Agreement" and "Contract" shall be interchangeable and have the same legal meaning 1.2 Cancellation. The CITY reserves the right to cancel the Agreement on ninety (90) days' advance written notice to CONTRACTOR. 1.3 Compensation and Taxes. I1.3.1 CONTRACTOR shall be paid a monthly lump sum in the amount of $14,998 06 for properly providing the required service to Frequency Areas A, B, and C. r1.3.2 CONTRACTOR shall be paid an additional monthly sum in the amount of $.010 per linear curb foot for properly providing the required service to Frequency Area D ("Premium Service"). 1.3.3 Payment amounts under this Agreement shall not include any applicable taxes. Payment of such taxes shall be the sole responsibility of CONTRACTOR. 1.3.4 Payments will be based on the established linear curb footage set forth in this Agreement for the actual amount of service ordered Services performed in excess of those authorized by the Public Works Director or his/her designee will not be compensated. 1.4 Compensation for Additional Services. 1.4.1 Special Sweeping. In the event the Public Works Director or his/her designee orders special sweeping services other than those services provided for in Section 1.3, the CONTRACTOR will be paid on an hourly basis for the time required at the rate of $75 00 per hour. Requests for payment for special sweeping services must show the name of the person requesting special sweeping, the date and time of the request, the location of the work performed, and the date and time the work was completed. i STREET SWEEPING SERVICE AGREEMENT November 30, 2007 Page 1of13 1.4 2 Increased Service During Term of Agreement. If the CITY increases the total linear curb footage beyond that originally set forth in this Agreement, that footage increase, and the additional compensation due CONTRACTOR shall be dealt with as follows: (a) CITY shall establish a street sweeping frequency schedule for the added street(s), (b) CITY shall determine the total additional footage per sweeping schedule for the added street(s); , (c) CITY shall determine a price per foot for each affected sweeping schedule from the costs, linear curb footage, and schedules established in this Agreement. (d) CITY shall multiply the total additional footage per the sweeping schedule established in 1.4.2(b) above by the price per foot for that schedule as calculated in 1.4.2(c). (e) If the CITY increases the required sweeping area by a total additional , linear curb footage exceeding twenty-five percent (25%) of the total linear curb footage originally contracted for in this Agreement, either party may re-open negotiations for the specific, limited purpose of adjusting the price for these additional services. 1.5 Penalty for Missed Service. In the event CONTRACTOR fails to sweep one or more streets as required by the sweeping schedule established in Section 4.5.4, the CITY may, at its sole option, require the CONTRACTOR to sweep the missed streets as provided for in Section 3.9.4 of this Agreement, OR may reduce the compensation owed to CONTRACTOR. If the CITY elects to reduce the payment owed to the CONTRACTOR, the reduction shall be calculated as follows: (a) The CITY shall determine the CONTRACTOR'S contract price per linear curb foot swept from the costs, linear curb footage, and schedules established in this Agreement. (b) The CITY shall multiply the contract price per linear curb foot swept by ' the total number of linear curb feet that the CONTRACTOR faded to sweep in a given month. (c) The CITY shall then reduce the next monthly payment due to the CONTRACTOR by the total reduction calculated in Section 1.5(b). 1.6 Unforeseen Conditions not Compensated. CONTRACTOR, without i additional compensation, assumes the risk of all conditions foreseen or unforeseen and agrees to continue to perform the work required under the regular sweeping scheduyle established by this Agreement. Specifically, additional debris on streets caused by excessive rainfall or caused by street sanding during or after snowfall shall not give rise to a claim for additional compensation or allow substantial variance of the weekly sweeping schedule. STREET SWEEPING SERVICE AGREEMENT November 30, 2007 Page 2 of 13 1 7 Scheduling of Payments by City. Payment for services rendered monthly will be paid as soon as possible under the CITY's standard schedule for processing purchase orders; provided, the CONTRACTOR has met the conditions of this Agreement and proper invoices have been received by the CITY by the second business day of each month. The estimated time for payment shall be thirty (30) calendar days from the date of the City's receipt of a proper invoice from CONTRACTOR. Payment will be based on the established linear curb footage for the actual amount of service ordered. If the CITY objects to all or any portion of an invoice, it shall notify CONTRACTOR and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. 1.8 Proof of Services Performed. As described in Section 4 7 of the City's Request for Proposals (RFP), CONTRACTOR can and should track work performed using GPS monitoring of vehicles, with maps showing work performed, to be available to the CITY online. The CONTRACTOR shall submit hardcopy color maps to the CITY upon request. All costs for GPS tracking and the production of said maps, including but not limited to, time, material, hardware, software, and transferring of electronic files, if requested by the City, shall be borne by CONTRACTOR 1.9 Increase in Compensation if Agreement Extended. Should the parties mutually agree, pursuant to Section 1 1, to extend this Agreement beyond the initial one- year term, the City agrees to increase the original compensation amounts by three percent (3%) without requiring further negotiation. Should the Agreement be renewed again, the previous term's compensation amount shall be the base amount for calculating a three percent (3%) increase. f II. DEFINITIONS. i 2.1 Whenever the following words and terms, or pronouns in place of them, are used in this Agreement, the specifications, or other contract documents, the meaning will be construed as follows: 2.1.1 ALLEY - The entire width between the boundary lines of right of way, publicly maintained. 2.1 2 AUXILIARY LANE - The portion of the street adjoining the traveled way for parking, speed change, turning, storage for turning, weaving, truck climbing, or for other purposes supplementary to through traffic movement. 2.1.3 CITY - The City of Kent, a Washington municipal corporation, whose mailing address is 220 Fourth Avenue South, Kent, Washington 98032. 2.1.4 CONTRACTOR - Any entity or individual that has agreed, as indicated by its signature on this Agreement, to perform the services outlined in this Agreement, including any individual, firm, joint venture, co-partnership, or corporation, and its heirs, executors, administrators, successors, and assigns, or the lawful agent of any such individual, firm, partnership, covenantor, or corporation, or its surety under any applicable bond Where any pronoun is used as referring to the word "CONTRACTOR" it shall mean the Contractor as defined above. STREET SWEEPING SERVICE AGREEMENT November 30, 2007 Page 3of13 r 2.1.5 CURB - A vertical or sloping member generally along and defining the edge of a street. 2.1.6 INTERSECTION - The area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of two streets which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets joining at any other angle may come in conflict. The junction of an alley with a street is included. 2.1.7 PREMIUM SERVICE - At the discretion of the Public Works Director or his/her designee, the CONTRACTOR shall, within twenty-four (24) hours of notice, proceed to sweep at least once per day in areas designated by the Public Works Director or his/her designee. This PREMIUM SERVICE will continue for ninety (90) days unless extended or suspended by the Public Works Director or his/her designee, primarily occurring during the months of October through December. The option to use, extend, or suspend PREMIUM SERVICE shall be at the sole discretion of the Public Works Director or his/her designee. 2.1.8 PREMIUM SERVICE AREA- Areas designated by the Public Works Director or his/her designee, to be swept at least once per day for a period up to ninety , (90) days. Roads can be added or deleted at the discretion of the Public Works Director or his/her designee. 2.1.9 STREET - The entire surface from curb to curb including islands, traffic curbs, intersection areas, auxiliary lanes, and those paved areas between curbs that exist where alleys intersect streets ' 2.1.10 SWEEPING MATERIAL - The material, debris, or waste that is swept from the street or travel way. 2.1.11 WORK - Work shall mean the furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the service and carrying out all of the duties and obligations imposed by this Agreement. III. SCOPE OF SERVICES. 3.1 Furnishing of Labor, Tools and Equipment. The CONTRACTOR shall do all work and furnish all labor, tools, materials, and equipment for street sweeping in accordance with and as described in this Agreement, including all attached exhibits and forms. 3.2 Permits and Licenses. The CONTRACTOR shall be responsible to obtain and pay for any permits or licenses required by the CITY or any other local, state, or federal governmental authority that are necessary to perform the work under this Agreement, including all required licenses for CONTRACTOR's officers, agents, employees, and sub- contractors. 3.3 Indeaendent-Contractor Status. CONTRACTOR is and shall be at all times acting as an independent contractor and not as an employee of the CITY 3.4 Taxes and Insurance Fees. The CONTRACTOR shall secure at its expense, and shall be responsible for all payments of sales and income taxes, social security STREET SWEEPING SERVICE AGREEMENT November 30, 2007 Page 4 of 13 iwithholding, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the CONTRACTOR and its, officers, agents, employees, and sub- contractors. 3.5 Employee Requirements. CONTRACTOR shall comply with the following employee requirements: 3.5.1 All workers shall be COMPETENT and SKILLED in the performance of the work to which they may be assigned. Failure or delay in the performance of this ' Agreement due to the CONTRACTOR's inability to obtain workers of the NUMBER and SKILL required shall constitute a material breach of this Agreement. 3 5 2 PAYMENT OF PREVAILING WAGES IS REQUIRED FOR THIS AGREEMENT pursuant to RCWs 39 04.010 and 39.12.020, as currently enacted or hereafter amended. 3.5.3 CONTRACTOR shall require that all operators of its street sweeping equipment maintain current, valid appropriate Washington State Driver's Licenses and any other pertinent requirements thereof, including commercial driver's licenses and insurance, if not insured by CONTRACTOR. 3.5.4 CONTRACTOR shalt require all employees to be courteous at all times, to abstain from the use of loud or profane language, and to perform their work as quietly as possible. All employees shall be neat in appearance. The CITY reserves its absolute right to determine whether CONTRACTOR is in compliance with this subsection. 3 5.5 If the CONTRACTOR's officers are not available, pick-up orders may be given by the Public Works Director or his/her designee to the CONTRACTOR or his/her t designee, who shall have immediate charge of operations and who shall provide the required performance. 3.6 Requirements for Vehicles. t3.6.1 GENERAL APPEARANCE. Sweeping vehicles shall be numbered and shall have the CONTRACTOR's name and vehicle number painted in letters of contrasting color at least four inches high on each side and on the back of each vehicle. No advertising shall be permitted other than the name of the CONTRACTOR. All vehicles shall be kept in a clean and sanitary condition, and all sweeping vehicles shall be cleaned at least once a 1 week. Repainting of all vehicles shall be done as needed to maintain an acceptable appearance, or within thirty (30) days after the written notification by the City's Public Works Director or his/her designee. 3 6.2 MEET STATE STANDARDS. Sweeping vehicles required for performance shall be maintained in good working condition, equipped with proper warning lights, and operated and equipped in accordance with chapter 46 37 RCW, as currently Ienacted or hereafter amended, as it applies to slow moving and/or maintenance vehicles. 3.6.3 GPS REQUIRED. Each of CONTRACTOR's sweeping vehicles dedicated to work performed under this Agreement shall be equipped with a functioning Global Positioning System (GPS) mobile unit The GPS mobile unit shall be capable of tracking each sweeper's position, direction, speed, time, and status (sweeping or not sweeping) when operating within the City limits in any weather. CONTRACTOR shall maintain daily electronic files of the said GPS tracking information. Further, the CONTRACTOR shall use STREET SWEEPING SERVICE AGREEMENT November 30, 2007 Page 5 of 13 1 the GPS electronic files to produce a plotted color map, on a weekly basis, reflecting the ' CONTRACTOR'S sweeping activities of the previous week. The said map shall be produced in an electronic format and be accessible online by the CITY. Hand-drawn maps will not be accepted A hard copy of the plotted map shall be submitted to the CITY upon request. The CONTRACTOR shall retain, for the duration of this Agreement, copies of all electronic data stated herein The CONTRACTOR shall, upon request, provide the CITY with any electronic files or maps requested. 3.7 Emergency Response Time. Whenever directed to perform emergency, call-out extra work, CONTRACTOR shall respond and commence that work within two (2) hours of receiving that direction. Minimum compensation time for that extra work shall be two (2) hours at the established special sweeping hourly rate set forth in Section 1.4 of this Agreement. 3.8 Emergency Use of Other Contractor. In any emergency, the CITY reserves its absolute right to hire any street sweeping service provider to perform any amount of work, for any length of time, at such rates as the CITY determines to be in the CITY's best interests during the time of that emergency. However, the CITY will use its best efforts to utilize CONTRACTOR for these emergency services whenever practical. 3.9 Restrictions on Performance. In carrying out the work provided for in this , Agreement, the CONTRACTOR shall comply with the following route restrictions: 3.9.1 FREQUENCY AREA A - CORE AREA - Core Area streets, as set forth in the sweeping schedule, are designated for NO PARKING, MONDAYS ONLY, from 4 a.m. to 7 a.m for street sweeping purposes. 3.9.2 FREQUENCY AREA B - RESIDENTIAL AREA - No sweeping activities shall take place between 10 p m. and 7 a.m. 3.9.3 FREQUENCY AREA C - MAJOR ARTERIAL - No restriction applicable. ' 3.9.4 PREMIUM SERVICE AREA D - DESIGNATED ROADS TO BE SWEPT ONCE DAILY - To be addressed at the time service is required. 3.10 General Sweeping Requirements. 3 10 1 Streets shall be swept clean and no piles of debris shall be left anywhere within any street or right-of-way. 3 10.2 Intersections shall be swept clean and CONTRACTOR shall hand sweep I areas skipped by its sweeping vehicles. 3.10.3 Water shall be used as required by the CITY to control dust. 3.10.4 The CONTRACTOR shall be responsible for the cleaning of all debris spilled or tracked on any street, alley, or public place by any of its equipment. If the CONTRACTOR fails to clean the same within twenty-four (24) hours of being given notice by the City's Public Works Director or his/her designee, the Public Works Director or his/her designee may cause such streets to be cleaned and the costs charged to the CONTRACTOR. ' The CITY is authorized to deduct such costs from any payments due to the CONTRACTOR. STREET SWEEPING SERVICE AGREEMENT November 30, 2007 Page 6 of 13 3.11 Ability to Alter Required Service. During the term of this Agreement, including any extensions exercised by the CITY, the CITY shall have the right to make additions to, deductions from, or other changes in the nature of the work to be performed. CONTRACTOR shall not make any changes in the nature of the work without the prior written approval of the CITY establishing the nature of the change and the compensation due CONTRACTOR for that change. IV. SPECIAL PROVISIONS. 4.1 Affirmation of Knowing Decision by CONTRACTOR. The CONTRACTOR ' acknowledges that it has made its own examination, investigation, and research regarding the proper method of doing the work, all conditions affecting the work to be done, the labor, equipment and materials needed, and the quantity of the work to be performed. The CONTRACTOR is satisfied with its own investigation and research regarding all of these conditions and the CONTRACTOR's decision to enter into this Agreement is based upon such investigation and research. The CONTRACTOR further assumes full responsibility for any estimates, statements, or interpretations made by any officer or agent of the CITY, whether or not all or part of any of those estimates, statements or interpretations may prove to be in any respect erroneous. 4.2 No Implication of City Ownership. The CONTRACTOR shall not use a firm name containing the words "Kent," "City," or any words implying municipal ownership. 4.3 Cost of Water and Duty of Care to Water System. It is the CONTRACTOR'S responsibility to obtain and pay for any water used in the sweeping operation. CONTRACTOR shall obtain an up-to-date hydrant permit and a copy of this permit shall be carried on each sweeper at all times while working within the city limits of Kent Reasonable care must be taken in order to protect the water system from damage or contamination. ' 4.4 Ability of City to Reach Contractor. 4.4.1 Responsible management or supervisory persons of CONTRACTOR shall be accessible at or through CONTRACTOR'S office during regular business hours to assure the required contractual performance. CONTRACTOR shall maintain a telephone message system to receive messages when the office is closed. ' 4.4.2 The parties agree that they will establish acceptable procedures for communication of necessary information Each party agrees to designate a key employee who will be the responsible contact person for that party with respect to implementation of ' the Agreement and communication of information necessary for performance. Each party agrees to follow the procedures established between the parties for regular, effective communication of information between the parties. 4.5 Required Recordkeeping. 4.5.1 CONTRACTOR agrees and covenants to keep at all times accurate and complete records and accounts in writing, including but not limited to, route books that indicate which streets were swept, as dictated by acceptable accounting practices in order to coordinate information with the GPS system attached to the CONTRACTOR's sweeping vehicles. STREET SWEEPING SERVICE AGREEMENT November 30, 2007 Page 7 of 13 4.5.2 CONTRACTOR shall allow the CITY, or it's duly authorized representative or agent, reasonable and adequate access to all records, data, copies, or duplicates without charge. 4.5.3 Each Monday, CONTRACTOR shall deliver to the CITY a written report of work performed during the previous week The City will not process a purchase order for payment if CONTRACTOR does not timely and accurately provide these reports In the event no such written report is received by the CITY, the CITY's record shall control in any dispute between CONTRACTOR and the CITY and the CONTRACTOR waives and releases its right to prove or allege any facts or other data differing from the CITY's record. 4.5.4 Within seven (7) calendar days of the effective date of this Agreement, the CONTRACTOR shall submit for the City's approval, a daily sweeping schedule, together with a planned route outlined on maps furnished by the CITY CONTRACTOR shall designate which holidays it will observe and indicate all schedule modifications if the holiday falls on a regular sweeping day. Should the CONTRACTOR need to modify the schedule as submitted, the CONTRACTOR shall give not less than seven (7) calendar days written notice to the CITY's Public Works Director or his/her designee of any changes. 4.5.5 CONTRACTOR shall maintain accurate records of the sites utilized for disposal of street sweeping debris At a minimum, these records shall show dates and times of transportation and disposal, amount of debris or material disposed, and the name and location of the disposal site used. This information shall be provided in the CONTRACTOR's weekly report. 4.6 Responsibility for Damage to Utilities. CONTRACTOR shall protect all public and private utilities from damages by its operations. If these utilities are damaged by reason of the CONTRACTOR's operations, CONTRACTOR shall, at it's own expense, promptly repair or replace the same to the original and/or better condition. In the event CONTRACTOR fails to promptly make the repairs, the Public Works Director or his/her designee shall make the repair or replacement, and the cost of doing so shall be billed to CONTRACTOR, or alternately, at the CITY's option, the CITY may deduct that cost from any compensation due CONTRACTOR under this Agreement The CONTRACTOR shall be responsible for all consequences and shall defend, indemnify, and hold the CITY harmless for any losses caused by the damage or interruption of any utility services 4.7 Handling and Disposal of Wastes—Generally. 4.7.1 Extra care shall be taken in the loading and transportation of street sweeping spoils and other waste so that none of the material is left either on private property or on any street or alley. Any waste left by CONTRACTOR on private property or on streets or alleys shall immediately be removed upon notice from the CITY'S Public Works , Director or his/her designee at no extra cost to the CITY. 4.7.2 CONTRACTOR shall deliver, at its cost, street sweeping waste to a , disposal site operated by King County, or its successors, or such other site or sites as shall be approved by and meets with the disposal requirements of the Washington State Department of Ecology and any other federal, state or local agency or department with jurisdiction; provided, that the CONTRACTOR shall not use any dump or solid waste disposal site that the CITY would be prohibited from using were the CITY to collect and dispose of street sweeping spoils or waste on its own. The CONTRACTOR shall at all times advise the CITY of the disposal site or disposal sites being used by the CONTRACTOR. CONTRACTOR , STREET SWEEPING SERVICE AGREEMENT November 30, 2007 Page 8 of 13 SHALL NOT TEMPORARILY STORE ANY STREET SWEEPING SPOILS OR WASTE AT ANY SITE OTHER THAN A DISPOSAL SITE THAT HAS BEEN APPROVED BY THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR THAT SPECIFIC PURPOSE, 4.8 Handling of Hazardous Materials. 4.8.1 CONTRACTOR recognizes that the sweeping material collected by its sweeping vehicles either is or contains dangerous or hazardous wastes. 4 8.2 CONTRACTOR agrees to collect, handle, transport, and dispose of the debris or material specifically in accordance with all applicable standards, rules, and regulations now in effect or hereafter amended or enacted by the Washington Department of Ecology and the United States Environmental Protection Agency, 4.8.3 CONTRACTOR further assumes full responsibility and holds the CITY harmless for complete compliance with all other applicable local, state, or federal laws, rules, or ' regulations that apply to the services provided in this Agreement as they affect the collection, handling, transportation, or disposal of hazardous or dangerous wastes collected by its street sweepers. V. INDEMNIFICATION AND INSURANCE. I 5.1 Hold Harmless. The CONTRACTOR shall defend, indemnify, and hold the CITY, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses, or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. 5.2 Acceptance by City Not a Waiver. The CITY'S inspection or acceptance of any of the CONTRACTOR'S work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.3 Potential limits to Liability. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONTRACTOR and the CITY, its officers, officials, employees, agents, and volunteers, the CONTRACTOR'S liability hereunder shall be only to the extent of the CONTRACTOR'S negligence 1 5.4 Waiver of Immunity Under Industrial Insurance. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CITY'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, 1 TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 5.5 Terms Survive Expiration of Agreement. The provisions of this Agreement that address insurance and indemnification shall survive the expiration or termination of this Agreement, unless a specific section of this Agreement states otherwise. 5.6 Minimum Insurance Requirements. 5.6.1 INSURANCE TYPES/AMOUNTS. CONTRACTOR shall procure and maintain for the duration of this Agreement insurance of the types and in the amounts STREET SWEEPING SERVICE AGREEMENT November 30, 2007 Page 9 of 13 described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the CONTRACTOR, its agents, representatives, employees, subconsultants or subcontractors. 5.6.2 CERTIFICATE OF INSURANCE. Before beginning work on the project described in this agreement, the CONTRACTOR shall provide a Certificate of Insurance evidencing: a. Automobile Liability insurance with limits no less than $5,000,000 combined single limit per accident for bodily injury , and property damage; and b. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall , include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. ' C. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. d. Insurance coverage is to be provided only by an insurer with a current A M Best rating of not less than A.VII. ' 5.6.3 CITY INSURANCE SHALL NOT CONTRIBUTE. The CONTRACTOR's insurance shall be the primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of CONTRACTOR's insurance and shall not contribute with it. 5.6.4 CITY NAMED AS ADDITIONAL INSURED. The CITY, its officers, officials, employees, agents, and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the CONTRACTOR and a copy of the endorsement naming the CITY as additional insured shall be attached to the Certificate of Insurance 5 6.5 COVERAGE SHALL APPLY SEPARATELY TO EACH INSURED. CONTRACTOR'S insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 5.6.6 NOTICE REQUIRED TO CITY PRIOR TO CHANGE IN COVERAGE. CONTRACTOR'S insurance shall be endorsed to state that coverage shall not be cancelled, suspended, or altered in any material way without the CITY being given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of the proposed cancellation, suspension, or material change in coverage. 5.6.7 RESPONSIBILITY FOR PREMIUMS OR DEDUCTIBLES. Any payment of premiums, deductibles, or self insured retention shall be the sole responsibility of the CONTRACTOR. STREET SWEEPING SERVICE AGREEMENT November 30, 2007 Page 10 of 13 ' 5.6.8 PROOF OF SUBCONTRACTOR INSURANCE. Where use of a subcontractor is allowed under this Agreement, CONTRACTOR shall include all subcontractors as insureds under CONTRACTOR's policies OR shall furnish the CITY separate certificates or endorsements for each subcontractor. All coverages for subcontractors shall meet the same insurance requirements as stated in this Agreement for CONTRACTOR. 5.6.9 CITY NOT RESPONSIBLE FOR CONTRACTOR'S TOOLS & EQUIPMENT. The CONTRACTOR hereby agrees and acknowledges that the City bears no liability or responsibility for any loss or damage from any cause whatsoever to CONTRACTOR's tools, I machinery, equipment, or vehicles, including rented tools, machinery, or equipment, or tools, machinery, or equipment owned or rented by CONTRACTOR's agents or subcontractors. 1 VI. MISCELLANEOUS. ' 6.1 Non-Discrimination. 6.1.1 CITY POLICY. In the hiring of employees for the performance of work ' under this Agreement or any sub-contract, CONTRACTOR, its sub-contractors, or any person acting on behalf of CONTRACTOR or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. ' 6.1.2 NON-DISCRIMINATION DECLARATION. CONTRACTOR shall execute the "City of Kent Equal Employment Opportunity Policy Declaration"; comply with City Administrative Policy 1.2, as currently enacted or hereafter amended by the City, and upon completion of the contract work, execute the Compliance Statement. These documents are attached and incorporated as Exhibit A. 6.1.3 NON-COMPLIANCE. Failure to comply with any of the terms of this Section 6 1 shall constitute a material breach of this Agreement. 6.2 Minimum Wage and Service Contract Affirmations. 6.2.1 CONTRACTOR affirms that it has read and signed the Non- Collusion/Minimum Wage Combined Affidavit & Certification Form, attached and incorporated as Exhibit B. CONTRACTOR agrees that this Agreement is for services, not a public work; however, CONTRACTOR agrees to pay wages according to the prevailing wage requirements found in RCW 39 12.020 for maintenance contracts. CONTRACTOR shall file a 1 Statement of Intent to Pay Prevailing Wages with the State of Washington Department of Labor & Industries prior to commencing the work contracted for under this Agreement, and the CITY must receive a copy of this Statement which evidences that it was approved by the ' Department of Labor & Industries before the CITY can make any payments to CONTRACTOR. 6.2.2 CONTRACTOR shall pay prevailing wages in effect on the date ' CONTRACTOR executes this Agreement and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached ' and incorporated as Exhibit C. STREET SWEEPING SERVICE AGREEMENT November 30, 2007 1 Page 11 of 13 6.3 Examples of Material Breach Per Se. Without waiving any of the CITY'S , rights against CONTRACTOR for breach of any of the provisions of this Agreement, CONTRACTOR'S failure to perform any of the duties outlined in Sections 4.5, Required Recordkeeping; Section V, Indemnification and Insurance; Section 6.1, Non-Discrimination; or Section 6.2, Minimum Wage and Service Contract Affirmations shall constitute a material breach of this Agreement, subject to immediate termination by the CITY, as well as any other remedies provided by this Agreement or by law. ' 6.4 Other Remedies Available to City. In addition to any other remedy provided herein, the CITY reserves the right to pursue any remedy to compel or force ' CONTRACTOR and/or its successors and assigns to comply with the terms of this Agreement, and the pursuit of any right or remedy by the CITY shall not prevent the CITY from thereafter declaring a forfeiture or revocation for breach of the conditions herein. ' 6.5 Waiver of Terms Must be in Writing. No waiver of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the CITY. ' 6.6 Severability and Re-award of Agreement. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid or unconstitutional by a , court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Agreement In the event that any of the provisions of this Agreement are held to be invalid , by a court of competent jurisdiction, the CITY reserves the right to reconsider the award of this Agreement and may amend, repeal, add, replace, or modify any other provision of this Agreement, or may terminate this Agreement. 6.7 Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference, or claim arising from the parties' ' performance of this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall ' be construed to limit the City's right to indemnification under Section V of this Agreement. 6.8 Communication Between the Parties. All communications regarding this Agreement shall be sent to the parties at the addresses below. Any written notice shall become effective as of the date of mailing by registered or certified mail and shall be deemed sufficiently given if sent to the addressee at the address stated in this agreement or ' such other address as may hereafter be specified in writing. 6.9 Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its ' consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 6.10 Modification. No waiver, alteration, or modification of any of the provisions ' of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City ' STREET SWEEPING SERVICE AGREEMENT November 30, 2007 Page 12 of 13 i 6.11 Entire Agreement. The written provisions and terms of this Agreement, together with any attached exhibits or referenced documents shall supersede all prior verbal statements of any officer or other representative of the CITY, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the exhibits or documents to this Agreement conflict with any language contained in this Agreement, the conflict shall be resolved by giving precedence in the following order- agreed amendments to this Agreement, this Agreement and its exhibits, CONTRACTOR'S Response to the CITY's Request for Proposals, the CITY's Request for Proposals, any other provision, term, or material incorporated by reference into this Agreement. ' 6.12 Compliance with Laws. The CONTRACTOR agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the ' future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. THE PARTIES agree to all terms and conditions of this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY: By: By: (signature) (sgnature) Print Name: Print Name: Suzette Cooke Its Its Mayor (T[le) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: ' Larry Blanchard, Public Works Director City of Kent Public Works Department 220 Fourth Avenue South 1 Kent, WA 98032 (telephone) (facsimile) (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: i Kent Law Department rK.mfa+'�mr+aiu^emns..asw�a.�.rwa. STREET SWEEPING SERVICE AGREEMENT November 30, 2007 IPage 13 of 13 EXHIBIT A ' City of Kent Administrative Policy 1.2 and Compliance Forms DECLARATION , CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for 1 any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be , valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; ' The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. ' 2. During the time of this Agreement I will not discriminate in employment on the basis ' of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability 3. During the time of this Agreement the prime contractor will provide a written ' statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider ' hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, ' the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. I Dated this day of , 200_. ' By: For: Title: Date: e EXHIBIT A - CITY OF KENT ADMIN. POLICY 1.2 ' ' CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 ' SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor fPOLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and ' state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps. 1. Provide a written statement to all new employees and subcontractors indicating ' commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EXHIBIT A - CITY OF KENT ADMIN. POLICY 1.2 CITY OF KENT , EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the ' prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and ' the City of Kent. I declare that I complied fully with all of the requirements and obligations as , outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of ' Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_. ' By: ' For: Title: , Date: EXHIBIT A - CITY OF KENT ADMIN. POLICY 1.2 ' EXHIBIT B Non-Collusion/Minimum Wage Combined Affidavit & Certification Form ' EXHIBIT B - NON-COLLUSION/MINIMUM WAGE AFFIDAVIT & CERTIFICATION i EXHIBIT B ' CITY OF KENT , COMBINED AFFIDAVIT& CERTIFICATION FORM: NON-COLLUSION,MINIMUM WAGE (NON-FEDERAL AID) NON-COLLUSION AFFIDAVIT Being first duty sworn, deposes and says, that he/she is the identical person who submitted the i foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other bidder on the foregoing work equipment to put in a sham i bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself/herself or to any other person any advantage over other bidder or bidders. i AND NDNEgUM WAGE AFFIDAVIT FORM i I, the undersigned, having duly sworn, deposed, say and certify that in connection with the performance of the work of this project, 1 will pay each classification of laborer, workman, or mechanic employed in the performance of such work not less than the prevailing rate of wage or not less than the minimum rate of wage as specified in the principal contract;that I have read the , above and foregoing statement and certificate,know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR;NON-COLLUSION AFFIDAVIT AND MINIMUM WAGE AFFIDAVIT 2008 Street Sweeping Services ' NAME OF PROJECT ram' :� ��•+ , NANW OF BIDDER'S FWd i SIGNATURE OF AUTH ED REPRESENTATIVE OF BIDDER Q�� p�. 1 Subscribe Qi�sw4j'*tq,before me"l/bay of X - r .2007. i No ry Public in and fo the State of Washington residing at ;p�y,Ug t'G rj My Commission spires: p Ca,; CONTRACt'V4#� 1i � 8 'EEPING 2008 September 18,2007 Page B of 26 i ' EXHIBIT C Prevailing Wage Rates 1 EXHIBIT C - PREVAILING WAGE RATES State of Washington ' Department of Labor and Industries Prevailing Wage Section-Telephone(360)902- ' PO Box 44540,Olympia,WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits On public works projects,workers'wage and benefit rates must add to not less than this total A brief description of overtime ' calculation requirements is provided on the Benefit Code Key STREET AND PARKING LOT SWEEPER WORKERS ' EFFECTIVE 08-31-07 (See Benefit Code Key) Over PREVAILING Time Holida Note Classification WAGE Code Code Code Counties Covered ' ADAMS,ASOTIN,BENTON,CHELAN,COLUMBIA,DOUGLAS,FERRY,FRANKLIN,GARFIELD,GRANT, KITTITAS,LINCOLN,OKANOGAN, PEND OREILLE,STEVENS,WALLA WALLA AND WHITMAN JOURNEY LEVEL $14.00 1 1 Counties Covered CLALLAM,GRAYS HARBOR,JEFFERSON,KITSAP,LEWIS,MASON,PACIFIC AND THURSTON JOURNEY LEVEL $16.00 1 ' Counties Covered CLARK,COWLITZ,ISLAND, KLICKITAT,SKAGIT, SKAMANIA,SNOHOMISH,WAHKIAKUM AND WHATCOM JOURNEY LEVEL $15 00 1 Counties Covered, KING , JOURNEYLEVEL $19.09 t Counties Covered PIERCE ' JOURNEY LEVEL $12 06 1 Counties Covered. SAN JUAN JOURNEYLEVEL $14 00 1 Counties Covered SPOKANE JOURNEY LEVEL $9.00 1 Counties Covered, ' YAKIMA JOURNEY LEVEL $8 DO t ' Page 1 ' 6 experienced problems keeping up with the City's schedule, unlike the experience with ASC, McDonough made every effort to sweep the roads on schedule, or as close to it as possible If City staff called in a missed street, McDonough was there within 24 hours to sweep it. Response times were an issue that contributed to the City's dissatisfaction with ASC's ' performance. In 2002, City staff set up a proposal format that required each contractor to present its program and conduct a site visit to its place of business, which allowed the contractor the ' opportunity to discuss its program and show City staff its operations. After that process, McDonough was selected based on its presentation and operational abilities. For the 2008 contract, City staff decided to again request proposals from interested firms. The response which set forth the lowest per month cost for base street sweeping services was ASC, at $13,489 per month. McDonough & Sons, Inc was next, at $14,998 06 per month. Although ' McDonough's response did not provide the lowest monthly cost to the City, based on past history and performance, City staff recommends Council award the street sweeping agreement to McDonough & Sons, Inc. for 2008, with the option of four (4) additional one (1) year terms. ' As additional information for the Committee, below is the order in which City staff rated the various responses to its Request for Proposals: ' Order of Finish after Presentations and Site Visits: McDonough & Sons, Inc. $14,998 Action Services Corporation $13 489 Vince Brothers Corporation $18,609 ' SeaTac Sweeping Service $38,002 Western States Environmental $43,700 All dollar amounts are monthly lump sums excluding any applicable taxes. 1 u JPWCommitteelACGonPage�2007U 1 19 071tem 2 Street Sweeping doc Page 2 of 2 Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: 2008 WATER TREATMENT CHEMICAL CONTRACT WITH JCI JONES CHEMICAL, INC. —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the JCI Jones Chemical, Inc Contact for the 2008 Water Treatment Chemical Supply in the amount of$73,140, for 25% Sodium Hydroxide. The City annually advertises for water treatment supply chemicals to ensure a consistent cost for budgetary predictability. The use of these chemicals is required to obtain drinking water quality that meets State and Federal Regulations for drinking water. ' 3. EXHIBITS: Public Works Memorandum and Contract 4 RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? Yes Revenue? Currently in the Budget? Yes X No If no. Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds t DISCUSSION: ACTION: Council Agenda Item No. 6T 9 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 K E N T Fax: 253-856-6500 W A S H I N GT O N Address: 400 West Gowe Kent, WA. 98032 �I DATE: November 7, 2007 TO: Public Works Committee FROM: Larry Blanchard, Public Works Director THROUGH: Brad Lake, Water Superintendent SUBJECT: 2008 Water Treatment Chemical Contract with ICI Jones Chemical, Inc ITEM 4 MOTION: Move to recommend Council authorize the Mayor to sign the 2008 Water Treatment Chemical Supply Agreement in the amount of $73,140, between the City of Kent and JCI Jones Chemical, Inc. for 25% Sodium Hydroxide. SUMMARY: The treatment chemical is required to supply potable drinking water to the City's water customers. Sodium Hydroxide is used in the water system s a pH adjustment for corrosion control. The City of Kent annually advertises for water treatment supply chemicals to ensure a consistent cost, for budgetary constraints. The use of these chemicals is required to obtain drinking water quality that meets State and Federal Regulations for drinking water standards. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact - Funding ($73,140) would come from the 2008 operating budget. u\PWCAct1onPa9es\2007\11 1 071tem 5 Wtr Trhnnt Chemkal Contract 2008 JCl Jones doc 10 •KENT GOODS & SERVICES AGREEMENT between the City of Kent and JCI Jones Chemicals Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and JCI Jones Chemicals Inc. organized under the laws of the State of Washington, located and doing business at 1919 Marine View Drive, Tacoma, WA 98422, Phone: (253) 274-0104/Fax: (253) 274-0733,Contact: Lorraine Constantino(hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall be providing the City of Kent Water Department with water treatment chemicals according to the bid proposal submitted November 2, 2007, which is attached as Exhibit A and incorporated by this reference. The contract is for bid items 10. 11 and 12, through December 31, 2008. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. Vendor also acknowledges that the estimated annual usage for each chemical included on the bid proposal form is based on the City's current estimated requirements. The City may,at its sole option,revise the amount of the chemicals it will purchase to a lesser amount based on actual requirements. If the City's actual requirements exceed the estimated amount,the City may purchase greater amounts at the unit prices listed in the bid. This Contract is not intended to guarantee purchase of the estimated amounts. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31. 2008. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Seventy Three Thousand, One Hundred Forty Dollars (73,140.00), including applicable Washington State Sales Tax, for the GOODS&SERVICES AGREEMENT- I (Cher$10 000.00 wrivdrue IYSST) 11 1 goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Delivery will be scheduled upon execution of this agreement. Vendor shall be paid after submittal of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attoniey fees, incurred by the City beyond the maximum Agreement price specified above. The City futther reserves its right to deduct these additional costs incurred to complete this Agreement with other sources,from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS,EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of tins Agreement. VI. CHANGES.The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change_ If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. I he City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate_ The Vendor shall proceed with the at work upon receiving either a written amendment from the City or an oral order From the City before actually receiving the wntte i GOODS&SERVICES AGREEMENT-2 10ret 910-000 00 includuw WSSTi 12 amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If th,-- Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIi. CLAIMS. if the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the clauus, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason,or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items I through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE T1NIE ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following infonmation: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined: and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed piomptty to provide the goods,materials and services required by the City under this Agreement. GOODS&SERWCES AGREEMENT-3 (Over$l0 1100 00 inrludmi,W.S,ST! 13 D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order(including directions, instructions,interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order(including directions,instructions, interpretations, and determination). VIH. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washmgton. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accotdance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contmel, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor of sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates_ Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers,officials, employees,agents and volunteers harmless from any and all claims, injuries,damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement,except for that portion of the rgiuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE SI RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY' NEGOTIATED THIS WAIVER- GOODS&SERVICES AGREEMENT-4 (Over S10 000.00_includrue 6i'S.ST) 14 The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or otbet articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreemert in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options,and the same shall be and remain in full force and effect- C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process_ In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such clann or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3)business days after the date of mailing by registered or certified mail, and shall be deerned sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning patty gives its consent to any assignment,the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shalt supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering GOODS&SERVICES AGREEMENT-5 (Over slo 000 fro mciridtnQ fvsyn 15 1 in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the tens of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (ugnah�re) oigrwlure) Print Name: Print Name: Suzette Cooke Its Its Mayor true) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO 6E SENT TO: VENDOR: CITY OF KENT: Lonaine Constantino Larry R-Blanchard JCI Jones Chemicals Inc. City of Kent 1919 Marine View Drive 220 Fourth Avenue South Tacoma, WA 98422 Kent,WA 98032 (253)274-0104(telephone) (253) 856-5500(telephone) (253) 274-0733 (facsimile) (253) 856-6500(facsimile) APPROVED AS TO FORNI: Kent Law Department JC[-2WR 14 ater Treatment ChenucalsBaner 1 GOODS&SERVICES AGREEMENT-6 ((h,er S10.000-00_indudrne TV&7T) 16 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate m employment on the basis of sex,race, color, national origin,age,or the presence of all sensory, mental or physical disability. 3. Durin, the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement 1,the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor,that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 1200 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-I of 3 17 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White,Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors,subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. , Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy_ 2. Monitoring to assure adherence to federal,state and local laws,policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 of 3 18 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I,the undersigned,a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-ientioned Agreement. Dated this day of 200^ By. For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 of 3 19 EXHIBIT A 1 I I t t I i l 1 1 1 1 WATER TREATMENT CHEMICAL SUPPLY FOR 2008 20 PROPOSAL FORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract(see special provisions 1.5& 1.6)for the following fees: Bidder'Name:,. j��I juts, Ormi((CLl s Item Estimated Description Bid Unit Total Annual Unit Prices _ Usage 10 95,000 25%Sodium Hydroxide in $ � $ GAL. u- ilyr"' GALS 4,000 Gal.Deliveries BULK FOB Pump Station#5 Total S" Chem;(-CdS I�- Company Submitting Proposal n bnC Au orlzed Signature Note: Contractor must submit a firm proposal for the contract term(s). WATER TREATMENT CHEMICAL SUPPLY FOR 2008 21 PROPOSAL FORM The undersigned hereby proposes to provide all equipment,labor,materials and supplies to perform the service as specified in this contract(see special provisions i.5& 1.6)for the following fees: Bidder' Name: +� i Or's hem/coC S, IA(- Item Est"unated Description Bid Unit Total Annual Unit Prices Usage 11 10,000 25%Sodium Hydroxide in $ $ GALS 4,000 Gal.Deliveries BULK GAL. FOB East Hill Well Total `To k-Taflfs Oy-- i Ccl)s Company Submitting Proposal rl�Qo t t (. z jtwtl 1 A -Au5iFo-ri2Xd Signature Note: Contractor must submit a firm proposalfor the contraei tertn(s). WATER TREATMENT CHEMICAL SUPPLY FOR 2008 22 PROPOSAL FORM The undersigned hereby proposes to provide all equipment,labor,materials and supplies to perform the service as specified in this contract(see special provisions 1.5&1.6)for the following fees: EBidder'Name: `�.�o , lorcs, ���1('f l�ft��`T� j C. Item Estimated Description Bid Unit Total Annual Unit Prices Usage _ 12 1,000 25°!°Sodium Hydroxide $ )90.��• GALS. 1,000 to 2,000 Gal.Deliveries BULK GAL. ' FOB 212th Treatment Plant Total $ Cyr' lC`�1C�t`J�'Sf�C'lt�tCtjs. Company Submitting Proposal u o d Signature Note: Contractor must submit a firm proposal for the contract term(s). I 23 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives,employees or subcontractors. A. Minuuum Scope of Insurance Contractor shall obtain insurance of the types described below: I. Automobile Liability insurance covering all owned,non-owned,hired and leased vehicles. Coverage shall be written on Iusutance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liabilitv insurance sba11 be written on ISO occurrence foinl CG 00 Of and shall cover liability arising from premises,operations, independent contractors,products-completed operations,personal injury and adNertismg injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. The City shall be named as an insured under the Contractor's Commercial General Liability insutance policy with respect to the work perforn-)ed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coveragc as required by the Industrial Insurance laws of the State of Washington. 13. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operation;aggregate Gm+t. Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: 2008 WATER TREATMENT CHEMICAL CONTRACT WITH CASCADE COLUMBIA—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Cascade Columbia Distribution Contact for the 2008 Water Treatment Chemical Supply in the amount of $33,244.80, for Sodium Fluoride and Potassium Permanganate. The City annually advertises for water treatment supply chemicals to ensure a consistent cost for budgetary predictability. The use of these chemicals is required to obtain drinking water quality that meets State and Federal Regulations for drinking water. 3. EXHIBITS: Public Works Memorandum and Contract 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i DISCUSSION: ACTION: Council Agenda Item No 6U 24 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 W A S H I N G T O N Address: 400 West Gowe 1 Kent, WA. 98032 DATE: November 7, 2007 TO: Public Works Committee FROM: Larry Blanchard, Public Works Director THROUGH: Bradley Lake, Water Superintendent SUBJECT: 2008 Water Treatment Chemical Contract with Cascade Columbia Distribution ITEM 5 MOTION: Move to recommend Council authorize the Mayor to sign the 2008 Water Treatment Chemical Supply Agreement in the amount of $33,244.80, between the City of Kent and Cascade Columbia Distribution for Sodium Fluoride and Potassium Permanganate. SUMMARY: Sodium Fluoride is used to fluoridate the drinking water in an effort to help prevent dental cavities in young children. Potassium Permanganate is used as an oxidizer in the removal of iron and manganese. The City of Kent annually advertises for water treatment supply chemicals to ensure a consistent cost, for budgetary constraints. The use of these chemicals is required to obtain drinking water quality that meets State and Federal Regulations for drinking water standards. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact - Funding ($33,244.80) would come from the 2008 operating budget. u\PWCAcbonPa9es\2007\11 1071tem 5 Wtr Trtmnt Chemical Contract 2008 Cascade Columbla doe 1 25 T 40 KEN• T WASHING TON GOODS & SERVICES AGREEMENT between the City of Kent and Cascade Columbia Distribution TII1S AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Cascade Columbi Distribution organized under the laws of the State of Washington, located and doing business at 6900 Fox Avenue S., Seattle, WA 98108, Phone: (206) 763- 2350/Fax: (206)762-5995, Contact: Keith Weisenburg(hereinafter the "Vendor")- AGREEMENT 1. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City. The Vendor shall be providing the City of Kent Water Department with water treatment chemicals according to the bid proposal submitted November 2, 2007, which is attached as Exhibit A and incorporated by this reference_ The contract is for bid items 6 and 9, through December 31,2008. i 1 Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. Vendor also acknowledges that the estimated annual usage for each chemical included on the bid proposal form is based on the City's current estimated requirements. The City may, at rts sole option, revise the amount of the chemicals it will purchase to a lesser amount based on actual requirements_ If the City's actual requirements exceed the estimated amount, the City may purchase greater amounts at the unit prices listed in the bid. This Contract is not intended to guarantee purchase of the estimated amounts. II. TIME OF COMPLETION. Upon the effective date of this Agreement,Vendor shall complete the work and provide all goods,materials,and services by December 31,2008. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Thirty Three Thousand, Two Hundred Forty Four Dollars and eighty cents ($33,244.80), including applicable Washington GOODS&SERVICES AGREEMENT- l 'Over 910.000 00 inrludine T NT) 26 State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Delivery will be scheduled upon execution of this agreement. Vendor shall be paid after submittal of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendoi for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources,from any and all amounts due or to become due the Vendor. B. Final Payment- Waiver of Clanns. THE MAKING OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS,EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of tills Agreement_ VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor detennines, for any reason, that all amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City detennines that the change increases or decreases the Vendor's costs or time for performance, the City will make all equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor oil all equitable adjustments_ However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written GOODS&SERVICES AGREEMENT-2 Inver 310.000 00 inchidpw WV.S-n 27 amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that Portion of the contract work. If the Vendor disagrees with the equitable adiushnent, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or(3)not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contact time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, oi-an oral order from the City, including any direction, instruction, interpretation,or determination by tha City, Qre Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum,a Vendor's written claim shall include the information set forth in subsections A, items I through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined, and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS&SERVICES AGREEMENT-3 tOi er 910 000.00 includmQ W.SS77 28 i D. Failure to Piotest Constitutes Waiver- By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and detenmuiation). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claim for protested work and accepts from the City any written or oral order(including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such coi-reetton is completed and accepted by the City The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as detertuned by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, niental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work. tile the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees.agents and volunteers harmless from any and all alarms, injuries,damages,losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement,except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION_ THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. GOODS&SERVICES AGREEMENT-4 (Over V O OOO.00.including WXU) t 29 The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIIL WORK PERFORMED AT VENDOR'S RISi:. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose_ All woi k shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options,and the same shall be and remain in full force and effect- C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the taws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising fiom the patties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under- the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising front the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided. however, nothing in this paragraph shall be construed to Inuit the City's right to indemnification under Sectior, XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreenent, unless notified to the contrary. Any written notice hereunder shall become effective three (3)business days after the date of inaihng by registered or certified marl, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assigrriment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the teens of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forining a part of or ahenup GOODS&SERVICES AGREEMENT-5 (Over 1t70 000.00 inrluditiv WSW) 30 in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement,the teens of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (srgnahtne) (argnanrre) Print Name: Print Name: Suzette Cooke Its Its Mayor (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Keith Weisenburg Larry R. Blanchard Cascade Columbia Distribution City of Kent 6900 Fox Avenue S. 220 Fourth Avenue South Seattle,WA 98108 Kent, WA 98032 (206)763-2350 (telephone) (253) 856-5500(telephone) (206) 762-5995 (facsimile) (253)856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Cascade Columbia-2009 Water Treatment ChemrcaWBauer i GOODS&SERVICES AGREEMENT-6 (Over V O 000 00 including Wd W) 31 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to con€orm to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affinnative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole detennination regarding suspension or tenninat►on for,all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex,race, color, national origin, age,or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement 1, the prime contractor, will actively consider hiring and promotion of women and minorities. V 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-I of 3 32 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE_,DATE: January 1, 1998 I SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White,Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year,must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are farnihar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 of 3 t 33 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I,the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outbned in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_ By. For: Title: Date: l EEO COMPLIANCE DOCUMENTS-3 of 3 34 ' ■ EYHIBIT A i 1 1 1 WATER TREATMENT CHEMICAL SUPPLY FOR 2008 35 PROPOSAL FORM The undersigned hereby proposes to provide all equipmetit�labor,materials and supplies to perform the service as specified in this contract(see special provisions 1.2& 1.6)for the following fees: Bidder' Name: Item Estimated Description Bid Unit Total Annual Unit Prices Usage 6 60,000 Sodium Fluoride in 50 Lb.Bags W 1 , 200 7 S s 2 dt J20.oo LBS FOB Clark Springs LB C 0 o;oi&,p4m 4i�:C.1,200'7 `j fp Y� 30, 7.0 . OC &r-o k( mre,((� 2 oo 1 Total $ 2 F-, "3 20 . 00 !� . ON100 �(UA 04, t 120v-7 ac i 12C-07 (W 6(FOIA� AVV0 1) 200� hN(�vr, N-a-w I NG Oyt-ix Y\ r WC W u- "low l� IKJJDI(Cb A1� -n tj� Tu c��� of K(1�T, cove A n1RArl u 1100 Comp Submitting Proposal Au46Nd Si e Note_ Contractor must submit a firm proposal for the contract term(s). j WATER TREATMENT CHEMICAL SUPPLY FOR 2008 36 1 PROPOSAL FORM The undersigned hereby proposes to provide all equipment, labor,materials and supplies to perform die service as specified in this contract(see special provisions L4& 1.6)for the following fees: Bidder' Name: Item Estimated Description Bid Unit Total Annual Unit Prices Usage 4 1,000 Potassium Permanganate in $ 7..1M $2;l000 oo LBS 50 to 55 Lb.Drams LB FOB 212th St.Treatment Plant Sub Total $ 1e 8.8%WA State Sales Tax $ t - 90 Total $ 2 cA SC,cy, Co�J Qil� �ST�'iI�UC�U Company Submitting Proposal Au NCon ignature Nafe: actor must submit a firm proposal for the contract term(s). r37 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance ' The Contractor shall procure and maintain for the duration of the Ab eement, insurance agamst claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor,their agents, representatives, employees or subcontractors. 1 A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned,non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office(ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 O1 and shall cover liability arising from premises, operations, independent contractors,products-completed operations,personal injury and advertising injury,and liability assumed under an insured contract.The Commercial Gcneral Liability insurance shall be endorsed to provide the Aggregate Per Prglect Endorsement ISO form CG 25 03 11 85_ The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Conuuercial General Liability insurance shall be written with limits no less than $t,000,000 each occurrence,$2 000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 38 EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the , City. Any Insurance, self-insurance,or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30)days prior written notice by certified mail,return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability)as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stattng that coverage shall apply separately to each insured against whom claim is made or suit is brought,except with respects to the I units of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M.Best rating of not less than ANIL E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work- F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. r 39 EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance,or insurance pool coverage maintained ' by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party,except after thirty(30)days prior written notice by certified mail, return receipt requested,has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shalt be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies_ The Contractoi's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought,except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A V1I. 1 E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements,including but not necessarily bruited to the additional insured endorsement, evidencing the msnrance requirements of the Contractor before commencement of the work. ' F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of(lie same insurance requirements as stated herein for the Contractor. r I Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: METROPOLITAN WATER POLLUTION ABATEMENT ADVISORY COMMITTEE (MWPAAC) DELEGATES — AFFIRM 2. SUMMARY STATEMENT: Authorize the Mayor to affirm Greg Reed, Utilities Superintendent as a delegate to MWPAAC and William Looney, Sewer Field Supervisor as an alternate delegate. The Metropolitan Water Pollution Abatement Advisory Committee (MWPAAC) requires Council affirmation of current delegates. 3. EXHIBITS: None 4. RECOMMENDED BY: Staff (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. 6V Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: HUMAN SERVICES COMMISSION APPOINTMENTS — CONFIRM 2. SUMMARY STATEMENT: Confirm the Mayor's appointment of Roda Barket to the Kent Human Services Commission for a one year term Roda will replace Jennifer Grossman who is currently attending the University of Washington. Roda's term wilt expire on January 1, 2009. 3. EXHIBITS: Memorandum 4. RECOMMENDED BY: Mayor Cooke (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no. Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION: Council Agenda Item No. 6W OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone 253-856-5700 Fax 253-856-6700 Address 220 Fourth Avenue S KENT Kent, WA 98032-5895 WASHINGTON ' DATE: December 11, 2007 TO. Deborah Ranniger, Council President City Council Members IFROM: Suzette Cooke, Mayor RE: Appointment to Human Services Commission I am requesting your approval of my appointment of Ms Roda Barket to serve on the Kent Human Services Commission Roda Barket is an amazing young woman currently enrolled at Kent Meridian High School. Her course study is language, biology, computer applications, and Avid (Advancement via Individual determination) She is also an international Baccalaureate Diploma candidate Roda maintains a GPA of 3 8 and will graduate in June of 2009 Roda has definite aspirations to be a community leader and is very interested in the Human Services Commission and eager to serve her community Roda's appointment will be for one year, replacing Jennifer Grossman who is now enrolled at the University of Washington Thank you for your consideration and I submit these re-appointments for your confirmation. i 1 1 1 Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: LODGING TAX ADVISORY BOARD APPOINTMENTS — CONFIRM ' 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Andrew Hutchinson and Dennis Higgins to the Lodging Tax Advisory Board. Hutchinson, Manager of the Best Western Motel, will fill the vacant hotel representative position, and Higgins will fill the position vacated when Andy Wangstad's term expired. 3. EXHIBITS: None ' 4. RECOMMENDED BY: Mayor Cooke (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditut-0 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. 6X Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: VERDANA FINAL PLAT (QUASI-JUDICIAL) —APPROVE 2. SUMMARY STATEMENT: Approve the Final Plat mylar for Verdana and authorize the Mayor to sign the mylar. The Hearing Examiner recommended approval for Kent 160, LLC., to subdivide approximately 155.47 acres into 379 single-family residential lots and one future development tract The property is located south of SE 288`h Street, west of 124`h Ave SE, north of SE 3041h Street, and east of 118`h Avenue SE. 3. EXHIBITS: Maps and Memo with conditions 4. RECOMMENDED BY: Community Development and Public Works Dept. Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: I Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6Y SE 288T H ST r =: VERDANA FINAL PLAT FSU-2004-11 KIVA#RPP5-2071583 ♦t _LI uj `I ✓ ��1 VJ t 1 .- - -- -- `I� I r , r \ 1 ` SE 304TH ST ' COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director • PLANNING SERVICES KEN T Charlene Anderson, AICP, Manager W ASHIn GTON Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: December 11, 2007 TO: MAYOR SUZETTE COOKE, COUNCIL PRESIDENT DEBORAH RANNIGER AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER 1 THROUGH: MAYOR SUZETTE COOKE SUBJECT: VERDANA FINAL PLAT (#FSU-2004-11/KIVA#2071583) ' MOTION: Approve the final plat mylar for Verdana and authorize the Mayor to sign the mylar. SUMMARY: The Hearing Examiner recommended approval for Kent 160, LLC., to subdivide approximately 155.47 acres into 379 single-family residential lots and one future development tract The property is located south of SE 2881h Street, west of 124th Ave SE, north of SE 304`h Street, and east of 1 ]8"h Avenue SE. BUDGET IMPACT: None BACKGROUND: On February 16, 2006, the Hearing Examiner issued Findings, Conclusions and a Decision granting approval of a preliminary plat, with 30 conditions The applicant has complied with the conditions required prior to recording. S\Permi API anllongplats12 00 71207 15 8 3-FSU-2004-t lcc DOC Enclosure Conditions of approval—Hearing Examiner ' VERDANA #SU-2004-11 (RPP3-2043230) I ON FEBRUARY 16, 2006, THE KENT HEARING EXAMINER APPROVED THE VERDANA PLAT WITH THE FOLLOWING CONDITIONS ' A. GENERAL CONDITION OF APPROVAL ' 1. The terms and conditions of Multifamily Design Review MFDR-2004-13, which was approved on November 29, 2005, shall apply to this proposal. 2. The terms and conditions of Administrative Variance AV-2005-7, which was approved on November 28, 2005, shall apply to this proposal. 3. The PUD and Preliminary Plat approval is for 379 single-family residential lots and/or dwelling units and one future development tract, provided that the applicant provides 15.55 acres of active recreation space to qualify for ' a 4 percent density bonus from the baseline allowable density of 321 dwelling units as depicted on the Preliminary Landscape and Recreation Plan received January 5, 2006 (Exhibit 12). The future development tract may be used for open space at a minimum or for other allowable uses that are not density based Approval of uses other than open space on the tract is neither guaranteed nor implied by approval of the subdivision and PUD 4. The Owner/Subdivider shall install the new signalized pedestrian crossing required on 1241h Avenue SE as well as provide signalized pedestrian crossing at the existing school crossing of SE 3041h Street. B. PRIOR TO RECORDATION OF THE FINAL PLAT 1 The Owner / Subdivider shall pay all City of Kent fees as determined by the Public Works department, Charges in Lieu of Assessments, and/or Latecomer Fees, if any, prior to recording this plat. 2 The Owner / Subdivider shall provide Public Works with a digital plat map prepared with a CAD program The digital information can be formatted in ' either * DWG (AutoCAD) or * DXF (Drawing Exchange File), but must be based upon State Plane coordinates an assumed coordinate system is not permitted. The State Plane Coordinates shall be on the NAD 83/91 ' datum and relate to at least two City of Kent reference points within one half mile of the subdivision. In addition, the project shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional ' permanent benchmarks shall be established within the project. The elevations of these benchmarks will be reported at the time as-built i drawings are submitted along with field notes sufficient to verify their accuracy 3. The Owner / Subdivider shall submit and receive City approval for engineering drawings from the Department of Public Works, and shall then either construct or bond for the following a. The applicant has proposed sewer service from the City of Auburn , The public sanitary sewer system shall be extended from the existing public sanitary sewer system and shall be sized as determined through the City of Auburn Interlocal agreement. In addition, the sanitary sewer system shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area, unless otherwise determined by the sanitary ' sewer purveyor b. A public water system meeting City of Kent standards for all lots shall be required. Existing wells shall be decommissioned in accordance with the requirements of the Department of Ecology. C. The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards, unless otherwise approved by the Public Works Department through the Planned Unit Development provisions, and 2002 City of Kent Surface Water Design Manual (KSWDM) Initial guidance for the Engineering Plans is given below (See Chapter 2 of KSWDM for detailed submittal requirements) (1) The Engineering Plans will include at a minimum- Site improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other related improvements. The engineering plans shall include a final Technical Information Report (TIR) which contains all the technical information and analysis to develop the site improvement plans. (2) The retention / detention and release standard that will be met by the subdivision is Level Two The water quality menu that will be met by the subdivision is the Resource Stream Protection Menu. (3) The site improvement plans and technical information report will contain drainage calculations and drawings of the retention / detention pond tracts at an appropriate ' engineering scale to show that the proposed on-site retention / detention tracts are large enough to contain the required minimum storm water storage volume and water quality facility. The site improvement plans will also show 1 1 that all required storm water management facilities will be outside of delineated wetlands and their associated buffers, as well as outside of creeks and their associated buffers, except that the berm of the ponds may be permitted in the outer half of the buffer provided that the buffer is replanted with native trees and shrubs that will not compromise the structural integrity of the facility (4) A final downstream analysis is required for this development, and it will include an analysis for capacity, erosion potential, and water quality. Refer to the requirements of Technical Information Reports in Section 3 "Off-site Analysis", of the 2002 City of Kent Surface Water Design Manual for the ' specific information required for downstream analyses. (5) In areas where soils infiltrate and it is recommended by the ' Geotechnical Engineer of record and approved by the Public Works Department, roof downspouts for each roofed structure (house, garage, carport, etc ) shall be directed to a Roof Downspout Infiltration System meeting the requirements of Section C.2, flow Control BMP's , in Appendix C to the King County Surface Water Design ' Manual These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved dispersion system The Drainage Plans will include an approved detail for the Roof Downspout Infiltration System. The face of the recorded plat shall contain the following restriction for lots capable of supporting a roof downspout infiltration system: AS A CONDITION OF BUILDING PERMIT ISSUANCE, ' RESIDENCES CONSTRUCTED ON LOTS XX through XX OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION SYSTEMS (6) The Owner / Subdivider shall submit Landscape Plans for within and surrounding the retention / detention and storm ' water treatment tracts to the Planning Department and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the ' Engineering Plans. These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, unless otherwise approved by the Public Works Department through the Planned Unit Development provisions, and the storm water management landscaping requirements contained within the 1998 King County Surface Water Design Manual Landscape Plans shall show adjacent Street Trees - where applicable - so that the City arborist can 1 assess potential adverse stress upon all types of existing and proposed vegetation (7) The Owner / Subdivider shall execute Declaration of Storm water Facility Maintenance Covenants for the private , portions of the drainage system prepared by the Property Management Section of the Department of Public Works and shall incorporate provisions of the maintenance covenant , within the CC&R's recorded against the property See Reference 8-F, Declaration of Storm water Facility Maintenance Covenant, to the 2002 City of Kent Surface Water Design Manual for information on what is contained within this document d. A Detailed Grading Plan for the entire subdivision meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and , Grading Permits & Grading Plans. Initial guidance for these plans is given below: (1) These plans will include provisions for utilities, roadways, ' retention / detention ponds, storm water treatment facilities, and a building footpad for each lot, unless a grading-only , permit application is submitted prior to the completion of the utility, roadway, retention/detention ponds, storm water treatment facilities and building foot pad for each lot (2) These plans shall be designed to reduce the need for processing several individual Grading Permits upon application for Building Permits. (3) Unless otherwise authorized by the Department of Public Works prior to submittal of these plans, the contour interval shall be 2-feet, and every fifth contour line will be darker than the other contour lines All contour lines will be clearly , labeled and at appropriate intervals along those lines. e. A Temporary Erosion / Sedimentation Control Plan for the entire , subdivision meeting the requirements of the City of Kent Construction Standards, and the Storm water Management Manual for the Puget Sound Basin. These plans must reflect the Detailed Grading Plan discussed above, and a Detailed Tree Plan to be approved by Planning Services. f. A final Wetland Mitigation Plan meeting the requirements of Kent City Code Chapter 11 05 for review and approval by the Kent Public Works Department prior to the issuance of any permits. The Final Mitigation Plan shall be consistent with the approved ' conceptual wetland mitigation plan which pursued avoidance, minimization and mitigation The approved plan shall be clearly shown on all construction and plat drawings Any proposed grading for the wetland creation areas shall be included in the civil grading plans for the entire site In addition, a wetland performance bond shall be submitted to the City of Kent prior to the issuance of any permits Interim Street Improvement Plans for all abutting, off-site public streets shall meet the full street requirements of the 1993 King County Road Standards, except for the pavement sections, which shall meet City of Kent standards All new and improved intersections shall meet entering sight distance requirements per King County, Auburn and Kent Road Standards The applicant shall submit plans for all improvements in County right-of-way to King County DDES and obtain necessary right-of-way use permits ' and approvals from both DDES and the City of Kent. (1) 1241h Avenue Southeast is classified as an Urban Minor ' Arterial Street (with bike lanes) by King County, and interim improvements will provide for the following as a minimum at least 44-feet of pavement from the existing face of vertical ' curb constructed along the east side of the street to the new vertical curb constructed along the west side of the street; wherever vertical curb is not constructed along the east side of the street, a line extending northerly and southerly of the existing vertical curb will be used to locate the new face of vertical curb along the west side of the street unless otherwise approved by King County, a 5-foot-wide planter strip and a 5-foot wide cement concrete sidewalk along the west side of the street which may include location options as 1 approved by King County and the Cities of Auburn and Kent; a City of Kent approved street lighting system, storm water management facilities and other street related appurtenances. The improvements shall extend from the northern plat boundary to the southern plat boundary where 124th Avenue SE intersects with SE 304th Street These improvements shall accommodate entry turn lanes as required by King County and as indicated as mitigation measures in the March 2005 Revised Transportation Impact ' Analysis submitted for this project. The improvements also shall provide required sight lines necessary around METRO bus stops. If approved by King County and the Cities of Auburn and Kent, the intersection improvements may be constructed as interim improvements or the ' Owner/Subdivider may pay King County a fee in lieu of the intersection improvements, which fee shall be applied to the capital project solely for the intended intersection ' improvements at this location. , (2) Southeast 304th Street is classified as an Urban Collector Arterial (with bike lanes) by King County and will be constructed to the 1993 King County Road Standards. Unless otherwise determined by King County with consensus from the Kent and Auburn Public Works , Departments, the interim improvements along this street must provide for at a minimum: (a) A vertical curb & gutter, a 5-foot wide planter strip, and a 5-foot wide cement concrete sidewalk along the north side of the street. At least 36-feet of Hot Mix ' Asphalt (HMA� pavement at the intersection of Southeast 304t Street with 124th Avenue Southeast for a minimum left turn pocket length of at least 200- , feet, plus the opening and transition areas for the left turn pocket and pavement tapers In addition to the pavement widening required for the eastbound left , turn lane, the remaining street frontage along Southeast 304th Street will be provided with a minimum pavement width of 34-feet (including the , paved shoulder along the south side of the street) as measured from the edge of pavement along the south side of the street to the new vertical curb located 18- ' feet from the approved street centerline along the north side of the street. The interim street improvements specified above will extend from the intersection of 124th Avenue Southeast to this development's west property line extended south. King County plans currently indicate a future roundabout at this intersection. Associated right-of- way and slope easement dedications shall be granted to King County to accommodate the planned , intersection improvements. If approved by King County and the Cities of Auburn and Kent, the intersection improvements may be constructed as , interim improvements or the Owner/Subdivider may pay a fee in lieu of the intersection improvements, which fee shall be applied to the capital project solely for the intended intersection improvements at this location. (3) 118th Avenue Southeast is classified as an Urban Neighborhood Collector by King County. Half-street ' improvements, across the property frontage, shall be constructed to 1993 King County Road Standards ' Additionally, the applicant shall continue the improvements to the intersection for SE 304th Street The off site improvements shall provide for at least 22-feet of asphalt pavement to accommodate two travel lanes, unless otherwise specified by King County with the consensus of the Kent Public Works Department. The applicant shall also provide a 6-foot wide, as measured from the face of curb, vertically separated and Hot Mix Asphalt (HMA) walkway conforming to Kent Standard Detail 6-60 (4) Southeast 288th Street is deemed to be an Urban Neighborhood Collector by King County Half-street right-of- way dedication across the property's northerly boundary abutting SE 288th Street shall be required and half-street improvements, constructed to the 1993 King County Road Standards, shall be required up to the eastern edge of the ' intersection with Road B and the Owner/Subdivider shall pay to the City of Kent a fee in lieu of construction of the street improvements from Road B to the east property line The fee shall be based on an engineer's estimate of half-street improvements per King County Road Standards including the costs for design and construction of mitigation for wetland impacts The improvements shall connect to the White Mountain Trails plat located to the west of the subject property and shall provide a minimum 22 feet of pavement with urban improvements Portions of the trail located within the right of way shall be converted to sidewalk, and associated trail appurtenances shall be relocated, at the time of any road improvements NOTE An approved turnaround will be required at the east end of ' this new public street unless otherwise required by the Kent and Auburn Departments of Public Works and Kent Fire Marshal with consensus from King County h. Street Improvement Plans for the new public Residential Collector Street connecting 124th Avenue Southeast to 118th Avenue ' Southeast (Road A). The Street Improvement Plans for Road A shall be designed in conformance to the requirements for a Residential Collector Street as required by the City of Kent All new and improved intersections shall meet entering sight distance requirements per King County, Auburn and Kent Road Standards. ' (1) Combined vertical curbs & gutters, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then 5-foot wide cement concrete ' sidewalks along both sides of the street (2) A minimum of 36-feet of asphalt pavement, measured from face of curb to face of curb. (3) A street lighting system designed and constructed to the City of Kent standards This street lighting system will be owned and maintained by Puget Sound Energy, and the Home Owner's Association (HOA) created for this development. (4) A public storm water drainage system, including provisions ' for collection, conveyance, detention, and treatment facilities. , (5) Curb return radii of 30-feet at public street intersections of the Residential Collector street and Commercial Driveway Approaches to the private street intersections designed to accommodate a 30-foot inside turning radius, unless otherwise determined by the Department of Public Works in , conjunction with Fire Prevention. (6) Street Trees installed within the 5-foot wide, as measured ' from the back of curb, planting strips These Street Trees will be located as approved by the Public Works Department and Planning Services, and the species shall be selected from , the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees Any landscape islands shall be planted pursuant to ' section 15.07 of the Kent City Code. i. Street Improvement Plans for the new public Residential Street (Road B) connecting Southeast 288th Street to the Residential Collector Street (Road A) The Street Improvement Plans for Road B shall be designed in conformance to the requirements for a Residential Street as required by the City of Kent All new and improved intersections shall meet entering sight distance requirements per King County and Kent Road Standards. ' (1) Combined vertical curbs & gutters, a 5-foot wide planting strip constructed between the back of curb and the front of ' the sidewalk, and then 5-foot wide cement concrete sidewalks along both sides of the street. (2) A minimum of 28 feet of asphalt pavement, measured from ' face of curb to face of curb, where parking is on one side of the street, and 32 feet where parking is on both sides of the street (3) A street lighting system designed and constructed to the City , of Kent standards This street lighting system will be owned ' and maintained by Puget Sound Energy, and the Home Owner's Association (HOA) created for this development. ' (4) A public storm water drainage system, including provisions for collection, conveyance, detention, and treatment facilities. (5) Curb return radii of 30-feet at public street intersections of the Residential Street;, and Commercial Driveway Approaches to the private street intersections designed to ' accommodate a 30-foot inside turning radius, unless otherwise determined by the Department of Public Works in conjunction with Fire Prevention. (6) Street Trees installed within the 5-foot wide, as measured from the back of curb, planting strips. These Street Trees will be located as approved by the Public Works Department and Planning Services, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. Any landscape islands shall be planted pursuant to section 15.07 of the Kent City Code. Street Improvement Plans for all of the new Private Residential Streets constructed within the residential subdivision 1 PUD, including along the south side of Tract V and the north side of Tract W The Street Improvement Plans for these streets shall be designed in conformance to the requirements for public residential streets as required by the City of Kent Construction Standards, City of Kent Development Assistance Brochure #6 2, Private and Public Street Improvements, and City of Kent Development Assistance ' Brochure #6.8, Street Improvement Plans for a 22-foot minimum to 32-foot wide maximum street All new and improved intersections shall meet entering sight distance requirements per Kent Road Standards The Department of Public Works, Planning Services and the City Fire Marshal have revised the street standards of the PUD ordinance to read as follows for this development (1) Combined vertical curbs & gutters, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then 5-foot wide cement concrete sidewalks along both sides of the street (2) A minimum of 22-feet of Hot Mix Asphalt (HMA) pavement, as measured from face of vertical curb to face of vertical curb, if parking is not provided on either side of the street, ' except where the City Fire Marshal requires additional pavement width for emergency vehicle access Fire lane markings shall be provided along both sides of these private , streets as approved by the Fire Marshal A minimum of 26-feet of HMA pavement, as measured from ' face of vertical curb to face of vertical curb, where parking , will be permitted along one side of the street only. Fire lane markings shall be installed along one side of these private streets as approved by the Fire Marshal A yellow skip strip centerline is suggested to provide additional guidance as to which side of the street motorists will be able to park A plastic yellow skip line centerline will be required if parking is ' permitted on alternating sides of any private street. A minimum of 32-feet of HMA pavement as measured from face of vertical curb to face of vertical curb, where parking will be permitted along both sides of the street (3) The horizontal and vertical alignment of these private streets , shall conform to the minimum requirements for a Residential Street as currently adopted by the City of Kent unless otherwise approved by the Kent Public Works Department The minimum curb return radius for all private streets will be 30-feet in order to accommodate emergency vehicle access ' (4) A street lighting system designed and constructed to the City of Kent standards that will be owned and maintained by ' Puget Sound Energy, and the Home Owner's Association (HOA) created for this development will be required to pay for the electrical bills for this lighting system. (5) A storm water drainage system connected to the new public system, including provisions for maintenance easements, collection, conveyance, detention, and treatment facilities. (6) Commercial Cement Concrete Driveway Approaches ' conforming to Standard Detail 6-5(b) will be installed at the intersection of all of the private streets with the public streets unless otherwise approved by the Kent Public Works Department and Kent Fire Marshal, and a 45-foot radius to the face of curb for each permanent cul-de-sac bulb. The internal private street intersections may use standard curb ' returns, providing ADA compliant ramps are installed per applicable standards at each intersection of the private streets , (7) Street Trees installed within 5-foot wide planting strips, as , measured from the back of curb. These Street Trees will be located as approved by the Public Works Department, and ' the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance ' Brochure #14, City of Kent Street Trees. Any landscape islands shall be planted pursuant to section 15 07 of the Kent City Code k. Street Improvement Plans for all of the new Private Alleys constructed within the residential subdivision / PUD The Street Improvement Plans for these alleys shall be designed in conformance to the requirements for a public alley as required by ' City of Kent Construction Standards, City of Kent Development Assistance Brochure #6.2, Private and Public Street Improvements, and City of Kent Development Assistance Brochure #6 8, Street ' Improvement Plans for an alley easement 20 feet wide with a minimum 18-foot-wide paved surface The Department of Public Works, Planning Services and the City Fire Marshal have revised ' the street standards of the PUD ordinance to read as follows for this development: (1) A minimum of 18 feet of Hot Mix Asphalt (HMA) pavement, as measured from edge of pavement to edge of pavement, except where the City Fire Marshal requires additional ' pavement width for emergency vehicle access (2) A storm water drainage system connected to the new public system, including provisions for maintenance easements, collection, conveyance, detention, and treatment facilities ' (3) The horizontal and vertical alignment of these private alleys shall conform to the minimum requirements for a public Residential Street unless otherwise approved by the Kent Public Works Department (4) Commercial Cement Concrete Driveway Approaches ' conforming to Standard Detail 6-5(b) will be installed at the intersection of all of the private alleys, unless otherwise approved by the Kent Fire Marshal and Kent Public Works Department (5) Unless otherwise approved by the City Fire Marshal, all ' alleys shall have permanent pavement markings and retroreflective traffic signs installed which clearly designate these private streets as Fire Lanes, where no parking will be permitted (6) Street lighting is not required along private alleys but street lights along other private streets will clearly light the entrances to all alleys. I. Pedestrian Walkway Improvement Plans for internal connectivity and connectivity to adjacent park and school sites, to be reviewed and approved by the City of Kent Public Works Department and Planning Services Division The applicant shall provide documentation acceptable to the City of Kent that the school crossings have been reviewed and approved by the Auburn School District and King County DDES. ' Unless otherwise approved by the Kent Public Works and Parks & Community Services Departments and Planning Services Division, , additional trail connections shall be added to the proposed trail network, including connecting Tract SS directly north to the through public road and directly south to Tract QQ, connecting Tract QQ ' through Tract 00 south to Future Development Tract ZZ, an additional connection from the eastern loop of the trail in Tract A to Tract 0, connecting the trail within the S 288th Street right of way through Tract C to Tract 0, and connecting the trail within the S. 288th Street right of way west to meet the sidewalks within Public Road B The trail lying within the S. 288th Street right of way may coexist with the sidewalk improvement for this right of way. Pedestrian trails within wetland buffers shall be 6 feet in width, placed in the outer half of the buffer, constructed of porous pavement, and meet ADA standards, unless otherwise approved by the Kent Departments of Public Works and Parks & Community Services, and Planning Services Division Pedestrian walkways ' and trails around the wetland areas shall be privately owned, operated and maintained by the Home Owners Association Where such facilities exist, they shall be denoted on the face of the ' recorded plat. M. Pedestrian Walkway Improvement Plans consistent with the ' provisions of "I" of this section to connect to the right of way of SE 292"d Street adjacent to the White Mountain Trails subdivision. n. Street Lighting Plans for all abutting public streets and internal ' private streets meeting the minimum requirements of the City of Kent , NOTE: While the street lighting plans will be reviewed and approved by the City of Kent Department of Public Works, and will meet the City of Kent's illumination criteria, street lighting appurtenances will comply with Auburn's street lighting standards because this development is entirely within the Potential ' Annexation Area (PAA) for the City of Auburn ' o. Breakaway mailbox clusters at locations and per Standards approved by the United States Postmaster and the Public Works ' Department. P. Roadway widths, turning radii, turnarounds, signage and fire land markings acceptable to the Kent Fire Department as well as additional access points for Tracts QQ and S, reduction of the total number of homes served by those tracts to 30 or less, and residential sprinklering. Emergency access roads shall be designed as approved by the Kent Fire Marshal and Kent Public ' Works Department. 4. The face of the final plat will clearly identify all private streets with a note ' that they are for the benefit of the residents of the Verdana Preliminary Plat/PUD The face of the final plat will also specify that the maintenance of all private streets is the sole responsibility of the Homeowners Association served by those private streets 5. Direct vehicular access to and from lots having frontage along 124tn ' Avenue Southeast and the new public residential collector streets is prohibited, and the face of the final plat will carry the following restriction. ' DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG 1241h AVENUE SOUTHEAST AND THE RESIDENTIAL COLLECTOR STREETS (Road A) IS PROHIBITED ACCESS FOR THESE LOTS IS RESTRICTED TO THOSE PRIVATE STREETS AND ALLEYS SHOWN ON THE FACE OF THE FINAL PLAT ' 6. The Pipeline 5 water main easements, easements to the benefit of the city of Kent for a 24-inch water line from the pipeline to the cogeneration facility, and the cogeneration tract owned by the City of Kent all shall be ' shown on the face of the recorded plat The face of the plat will also include a note to the effect that when the cogeneration plan is constructed by the City of Kent, occasional noise will be heard by property owners in ' close proximity to the cogeneration tract 7. The Owner / Subdivider shall deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required public and private improvements necessary for this subdivision development ' 8. The Owner / Subdivider shall submit for approval a Detailed Tree Plan, meeting the requirements of the Kent Zoning Code, and City of Kent Development Assistance Brochure #3, Detailed Tree Plans, prior to the issuance of any Final Engineering Plan approval for the subdivision. 9. The Subdivider shall permanently protect the approved and preserved, and/or enhanced, or created wetlands, streams and associated buffers by granting a Sensitive Area Easement to the City for all sensitive areas and , their associated buffers This Sensitive Area Easement shall be consistent with the wetland and wetland buffer map contained within the approved Final Wetland Mitigation Plan. Stream buffers shall be measured from the Ordinary High Water Mark The Subdivider shall provide a legal ' description of said easement prepared by a professional surveyor licensed in the State of Washington, prior to issuance of any building permits The Sensitive Area Easement and the language denoted below shall be ' included on the face of the recorded plat. The Subdivider shall grant to the City and its successors an easement for storm drainage utility purposes over, under and upon said Sensitive Area Easement Included ' in the language of said easement shall be the language denoted below as may be modified by the Department of Public Works, along with the acknowledgement that "storm drainage utility purposes" takes precedence , over same Also included therein shall be access rights for drainage maintenance and operation purposes, and for environmental enhancement including but not limited to removal of non-native species and planting of native trees and shrubs SENSITIVE AREA/ EASEMENTS DEDICATION OF A SENSITIVE AREA / EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR , ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, ' AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT THE SENSITIVE AREA / EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE EASEMENT THE OBLIGATION, ENFORCEABLE ON ' BEHALF OF THE PUBLIC BY THE CITY OF KENT AND ITS SUCCESSORS, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT AND ITS SUCCESSORS THE COMMON BOUNDARY BETWEEN THE EASEMENT AND THE AREA OF ' DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, t GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE ' SENSITIVE AREA TRACT ARE COMPLETED NO BUILDING FOUNDATIONS, STRUCTURES, OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, OUTBUILDINGS AND ' OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY. THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE UNDERGROUND CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE. 10. The Owner / Subdivider shall provide the Department of Public Works with a copy of an approved Hydraulic Project Approval (HPA), OR A WRITTEN WAIVER THEREFROM issued by the Washington State Department of Fish and Game prior to approval of the Final Engineering Plans Contact the Washington State Department of Fish and Game at (425) 649-7015 for additional information. 11. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-1, As-Budd Drawings, for Streets, Street Lighting System, Water; Sewer, Storm water Drainage Facilities, and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works 12. The applicant shall establish a Home Owners Association (HOA) for this development That document shall be reviewed and approved by the City ' of Kent The document shall express the HOA responsibility for the maintenance of private streets, private street lighting, private walkways and trails, private recreation spaces, private storm water facilities, and the open space areas within the development. 13. The applicant shall submit to the City of Kent for review and approval and obtain appropriate permits to relocate or demolish the existing structure on the site. ' 14. The applicant shall provide documentation acceptable to the City that Tacoma Water has reviewed and approved plans for construction over, under, along and across their water transmission line easement. The face of the final plat shall note that the applicant and Home Owners Association shall reconstruct any improvements installed as part of this plat that may be damaged by Tacoma Water's maintenance of its water lines 15. The face of the final plat shall clearly delineate the entire common open space required by Kent City Code within the Urban Separator-designated area of the property. 16. Where determined feasible by the Kent Public Works Department, the applicant shall utilize Low Impact Development Techniques in construction of the project, including but not limited to rainwater collection systems, porous paving on sidewalks and trails, and bioretention areas with curb cuts in planting strips along roadways. 17. The applicant shall submit for review and approval by the Parks & Community Services Department and Planning Services Division plans for the recreation tracts to include additional amenities and altered design such as making Tract SS ADA accessible and relocating picnic table and bench to be outside of basketball shot/rebound area, fencing (not site- obscuring) a good portion of Tract T as an off-leash area for dogs; relocating trail in Tract V to coincide with shrub bed, adding a bench next to the tennis court, providing an ADA-accessible picnic table, and reconsidering the berm impacts on visibility in Tract A, placing a bench or picnic table near the fitness marker in Tract B; considering swings in Tract H; adding another picnic table, grill and covered shelter in Tract K, enlarging Tract Y if considering baskets for Frisbee golf; and providing bike racks at all recreation tracts 18. The owner shall provide a street stub-out to the southwest property i boundary as depicted in the project plans dated June 8, 2005 (Exhibit 3), unless otherwise approved by the Public Works Department and the Fire Department. C. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS SUBDIVISION THE APPLICANT SHALL: 1. Record the Plat 2. Construct all of the improvements required in Section A, above, and the MDNS issued November 10, 2005, and/or pay the respective fees-in-lieu- of construction including any mitigation (EMA or EMF) charges. 3. Construct all wetland, stream and buffer mitigation and install all required wildlife passable fences unless otherwise approved by the Environmental Engineering Section of the Kent Public Works Department 4. Receive approval of the required As-Built Drawings for Street, Street , Lighting, Water, Sewer, and Storm water Management Facilities as deemed appropriate by the Kent Department of Public Works. 5. Pay the Auburn School District School Impact Fee for that lot. 6. Show compliance with the parking requirements of KCC 15 08 400 for the entire project. 7. Provide pedestrian walkways connecting residences to public walkways and streets 8. Provide to the City for review and approval an overall development plan showing a unified building design concept, which complies with PUD regulations DATED this 15th day of February 2006 THEODORE PAUL HUNTER Hearing Examiner S\Permit\Plan\Longplat\2004\2043234-2004-4conditions doc Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT — ACCEPT 2. SUMMARY STATEMENT: Accept the grant which provides reimbursable funds up to the amount of$2,860. The funds will be used to pay for commissioned police officers' overtime during the Night Time Seat Belt Enforcement which ran from October 22 through November 5, 2007. 3. EXHIBITS: Award letter dated 10/30/07 j4. RECOMMENDED BY: Operations Committee 12/4/07 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes _ No Y If no: Unbudgeted Expense: Fund N00807 61500 3370 Amount $2,860.00 Unbudgeted Revenue: Fund N00807 Amount $2,860.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6Z STATE OF WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION 11100 S Cherry St, PO Box 40944 • 01pnpra, WaihmPion 1850z-0944* (fli11? 753-/197 ' October 30, 2007 Sgt. Rafael Padilla rpadilla@ci.kent.wa.us Kent Police Dept. Kent, WA Dear Sgt. Padilla: Your request for a$2,860.00 grant to participate in the Night Time Seat Belt Enforcement mobilization, October 22 through Nov 5, 2007, is approved. Attached you will find a signed copy of the Memorandum of Understanding between your agency and the Washington Traffic Safety Commission. Please refer to your Grant Request form for agreed upon tasks. As outlined in the grant announcement, funding is on a"reimbursement" basis and requires submission of a State invoice voucher upon completion of activity. Faxed invoices cannot be accepted. Support documents for reimbursement must include: 1. Individual officer activity logs demonstrating performance—within two (2) days of patrol. FAX to Jonna VanDyk or email to jvandyk@wtsc.wa.gov *1 2. Signed overtime slips or payroll/expense records showing payments made "Z 3. Copies of citations a 4. "Lessons learned" report 4 Requests for reimbursement(items 2-4) MUST be received at the WTSC by Dec.5 or it will NOT be paid. We encourage you to copy your completed grant request form and forward it to your fiscal department to avoid confusion during the reimbursement process. As it is with most of our funding, these are federal dollars. This is important for your fiscal office to know. The CFDA number for these funds is 20 602. Allowable use of funds is for overtime salary (@ 1.5 times normal rate), and wages and benefits of commissioned personnel approved in the Operational Plan. No equipment purchases are authorized. 7 , Thank you for your participation in this program. If you have questions,please don't hesitate to contact me. Sincerely, l J?nna VanDyk✓ Occupant Protection Program Manager (360) 586-3870 j vandyk(a�wtsc.wa.gov JV:tw Attachments: Form A19-1A Signed MOU Footnotes 1. Activity log and sample completed log 2. We need some proof that the officers were paid for this detail 3. These are needed for the research project. WTSC assumes full responsibility for keeping all identifying information strictly confidential. 4. Not mandatory. No specific format; but extremely helpful if you can send information about what worked and what didn't when conducting patrols. 1 9 INFORMATION TECHNOLOGY Mictiael C.irnngton, Director ahooe 253-856-4600 " �" K E N T ��x 253 sss 4700 `9"'"'"010" Address 220 Fourth Ave Seuth INFORMATION Kent,Wa 980.32-5895 TECHNOLOGY DATE: December 4, 2007 TO: City Council Operations Committee FROM: Paul H Dunn, Technical Services Manager, Information Teclinology SUBJECT: PC Replacement Plan, 2007I'008 MOTION- I move to recommend that the Council authorize the Mayor to sign purchase orders for replacement computers and monitors and vendor services not to eviceed $295,000 SUMMARY: The City has approximately 715 desktop computers on a 4—year replacement cycle. In 2006, the IT department replaced 196 desktop systems as part of our armual refreshment cycle. This year, we are now ready to replace approximately 210 computers. When this protect is completed, the City's desktop computer fleet will be running at a minmium (C1111) speed of 2 gHz Additionally, this replacement cycle will install computers that are Windows0 Vista ready When this protect is completed, lust over one lialf of the City's PC Fleet will be ready to operate on Wiridoxvslf, Vista Operating System This replacement includes monitors. Monitors have not been replaced on a standard rotation, and many are up to 10 years old. New replacement PCs will come with monitors this year BUDGET IMPACT CIP Computer Life Cycle Replacement Plan (Already Allocated) —Estimate $294,993 pdunn Page 1 t ,26/2007 U 12007 PC Replacement Council Ops Memo doc io BACKGROUND: The City"s desktop computer standard is Hewlett-Packard which are purchased under the Washington Schools Information Purchasing Cooperative (WS1PC) This pricing is typically used as a base and further discounts are negotiated based on the quantity and models ordered The proposed model is a Hewlett-Packard DC 7800 desktop with a Intel Core 2 Duo E6550 CPU with 2 GB of RAM inernory Project Component Budget Estunate 225 HP do-5100 Desktop Computers, Monitors and Prep $235,125 Services (, $1045 each _ 8 8% Sales Tax $20,691 Deployment Labor for 225 units at $50.00 flat rate per unit $11.250 8 8% Sales Tax_ Delivery andiemoval of packing and shr ingpaterials $120 10% Project Contingenev $26.817 Project Total i $294,99; i 1 ATTACHMENTS: HP Quote for Computers Umsoft Quote for preparation, and deployment services Unisoft Quote for LCD Monitors pduaa Page 2 11f261 M7 U k2007 PC Replacement Council ops Memo doc ,� 11 Please make the P.O. out to Hewlett-Packard under the WSIPC contract and fax the purchase ordei to Unison Ne"vorks 425-968-I00I to process Payment will be made to Hewlett-Packard Hew Jett-Packard P.O Box I01149 Atlanta, GA 31193-1149 Do not send your Purchase Order to this address as it is for payment oniti. n r r n t ONLINE PRICE QUOTATION Quote Number: 1461709 Quote Name: Today's Date 11/7/2007 42611 PM Quote Created Date 111612007 3 27 05 PM Created By Contract WA-WASH SCHOOL INFO PROCESSING CENTER (WSIPC) ( bon n iea@ unisoftnetworks com WPC-99-38/HEWLETT-PACKARD) Product availability and product discontinuation are subject to change without notice The prices in this quotation are valid for 30 days from quote date above Please include the quote number and contract from this quote on the corresponding purchase order. Use the Fife-Print option to pnnt this form for your future reference • s rPart no Unit price Oty Ext 1 HP Compaq dc7800 Desktop PC KD533US#ABA $838 00 225 $188,550 00 ■ dc7800 Country Kit • HP Compaq dc7800 CMT PC ALL • Std PS-dc78 CMT Chassis ■ MicrosoftC Windows XP Pro US Core 2 Duo E6550 Process ■ 2G8 PC2-5300(DDR2-667)2xiGB ALL ■ 80G13 SATA NCQ 10K SMART4 1 st HD ALL • NV GF 8400GS 256MB DH PClex1 1 ALL • PS/2 Standard Keyboard US • HP USB 2-Button Optical Scroll Mouse • SATA 48xl32x Combo 1 st Drive ■ Intel vPro AMT 3 0 Platform ALL 0 HP(3-3-3)dc7800 CMTMT Warrant US • LBL, [MKT dc7800p Convertible Minitower Subtotal: $188,550 00 12 Date: 11/07/2007 P.O. Box 2709 Redmond, WA 98073 Quotation unlsoft networks Main (425)968-1000 Fax(425)968-1001 City of Kent Quote# 020602Q- 1 220 4th Ave South Attention- Paul Dunn Kent, WA 98032-5895 I'hone a (253)856-461 1 Fax#. (253)856-4700 Part# Description QtN Pnrt Price Total SVC-IMAGE maging Service Per computer 225 $15 0 $3 375 0 SVC-DEPLOY Deployment Service 225 $50 0 $11 250 0 ' DELIVERY Delivery and removal of cardboard boxes Estimated at 6 trips 6 $20 0 $120 0 Sub Total $14,745 0 $14 745 0 SUBTOTAL $14,74500 SALES TAX $1,297 56 SHIPPING&11 hNDLING OTHER TOTAL $lo,042 56 Sincerely, Bonne Alm Gov Account Executive (425)968-1022 bonmea(a�untsoftnetworks com r Agwo�7{�//t 1><1tItMfS(klrtn4r '� symantcc. 13 0 Date: 11/07/2007 _ P.Q. Box 2709 Redmond, WA 98073 Quotation unisaffi networks Maln (425)968-1000 Fax (425)968-1001 City of Kent Quote# 020580Q- I 220 4th Ave South Attention- Paul Dunn Kent,WA 98032-5895 Phone ti (253)8564611 Fa\4 (253)856-4700 Description (v t,mt Price Total CD Monitors 171N 700 1 1280X1024 PL1700 BLACK VGA 8MS VESA BUILT IN POWER(Includes 225 $192 0 $43,200 0 on-site installation and removal of boxes during deployment) Sub Total $43,200 0 $43,200 0 St)BT01 At, $43,200 00 SALES TA i $3,844 80 1 SHIPPING&HANDLING OTHER TOTAL $47,044 80 Sincerely, Bomne Alm r Gov Account Executive (425)968-1022 bonmeaGumsoftnetwoiks com i 1 r r 1 r bus,nots partnar Gi. LD CSRT;FIFr WME Syl" antcC„ Kent City Council Meeting Date December 11, 2007 Category Consent Calendar j 1. SUBJECT: VOICE OVER IP TELEPHONE SYSTEM FOR MUNICIPAL COURT AND INFORMATION TECHNOLOGY — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign purchase orders to implement the Voice over IP Telephone System for the Kent Municipal Court and Information Technology Department, for an amount not to exceed $66,000. The Kent Municipal Court leases space and Telecommunications Services from King County at the Aukeen Court Facility The City's telephone system is connected to the leased telephone system at the court, and often experiences problems due to the aging hardware from the County and limitations of the system. In anticipation of a possible acquisition of this building from the County, and in light of the existing limitations of the present system, the City IT Department desires to implement a VoIP (Voice over Internet Protocol) telephone system at the Kent Municipal Court Facility This implementation will provide a full featured telephone system that is completely compatible with the City's existing telephone system. In the event that the City opts to move away from this facility, this VoIP telephone system can be relocated with ease to any new facility the City occupies This proposed extension of services is in alignment with the IT Department's Telecommunication strategy. 3. EXHIBITS: Product Quotations from Verizon Corporation 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) rS. FISCAL IMPACT Expenditure? Yes Revenue? _ Currently in the Budget? Yes No X If no. Unbudgeted Expense: Fund Telecommunications Amount $66,000 Operations Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Counctlmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6BB INFORMATION TECHNOLOGY 15 Paul Dunn, Technical Services Manager Phone 253-856-4600 • Fax 253-856-4700 KEN T Address 220 Fourth Avenue S W A s H I N c T o N Kent, WA 98032-5895 December 4, 2007 TO: Kent City Council Operations Committee FROM: Paul Dunn, Technical Services Manager I THROUGH: Mayor Suzette Cooke SUBJECT: Voice Over IP Telephone System for Kent Municipal Court and Information Technology MOTION: I move that the Council authorize the Mayor to sign purchase orders to implement the Voice over IP Telephone System for the Kent Municipal Court and Information Technology Department, for an amount not to exceed $66,000. BUDGET IMPACT: The overall cost of this project is planned to be approximately$65,000. Funding for the project is from a conversion of Telecommunications Operating Budget Surplus and a portion from IT Tech Plan II - 2007. BACKGROUND: The Kent Municipal Court leases space and Telecommunications Services from King County at the Aukeen Court Facility. The City's telephone system is connected to the leased telephone system at courts, and often experiences problems due to the aging hardware from the County and limitations of the system In anticipation of a possible acquisition of this building from the County, and in light of the existing limitations of the present system, the City IT Department desires to implement a VoIP (Voice over Internet Protocol) telephone system at the Kent Municipal Courts Facility. This implementation will provide a full featured telephone system that is completely compatible with the City's existing telephone system. In the event that the City opts to move away from this facility, this VoIP telephone system can be relocated with ease to any new facility the City occupies. ' The IT department has continued over the past 2 years to apply upgrades and improvements to the City's telephone system in order to keep it compatible with improvements in telecommunications technology, such as VoIP The Information Technology Department will install VoIP telephones as part of this project in order to cross train and best prepare to support further VoIP implementations for the City of Kent. This proposed extension of services is in alignment with the IT Department's Telecommunications Strategy. ' Project Component Budget Estimate Project Hardware Licensing and Telephone Sets $34,000 Verizon, Delivery, Labor and Installation $16,100 Network Infrastructure Hardware to Support $5,000 Implementation 10% Project Contingency 5 500 Tax computed at 8.8% $5333 Project Total $65 933 Attachments: Product Quotations from Verizon Corporation l 16 City of Kent WSIPC Pricing Date: 10/26107 \,--- Vt'r inrtx)siness CQI Quote: 8-3518MP Description: Upgrade 81C to CS1000MG Rls 4 5 & add SRG 50 ITEM QTY NT CODE DESCRIPTION WSSPC Price 1 1 NTDU27DC Signaling Server-Release 4 5 $ 3,57702 2 1 NTDU41 FC Media Card 32 Port- IPL 4 5 $ 3,05596 3 1 NTE900KX CS 1000M MG Specifier code $ - 4 8 NTE905BA 8 Prem INet Set License $ 10,362 11 5 8 NTE980PA All Sys 1-PERS Call Asst Lic $ 10898 6 1 NTTK14AB PWR Cord 9 9ft 11 CM 125VA $ 1703 7 11 NTDU92BC 7 OE6 IP Phone 2004 Char/Bez Eng Tex $ 2,959 47 8 1 NTDU96AB70 IP PHONE 2007 NO PS $ 52106 9 36 NTYS03BCE6 IP 1120E Eng Text KCaps w/o PS $ 9,07252 10 2 NTYS05BCE6 IP 1140E Eng Text KCaps w/o PS $ 77648 11 1 NT9T4002E6 BCM50 Power Supply Enclosure $ 7492 12 2 NT9T6700E5 Small System Wallmount Bracket $ 9309 13 1 NTDW93AA SRG50 Rls2 0 NA Bundle $ 1 619 93 14 2 NTRB53AA Clock Controller PC Pack $ 1 39403 15 1 NT8D75DA Cable Assy Clock Contlr to Clock Contlr (4 5 F $ 2611 16 2 NTCG03AD Cable 7 FT DDPIDDP21CDDTI2 to Clock Con1 $ 8855 17 2 NTCG03AA Cable 14 FT DDP/DDP2/CDDTI2 to Clock Coi $ 10671 18 $ ' 19 $ - Sub-Total $ 33 853 93 Shipping & Handling $ 67708 Verizon Discount $ (3 482 09) Trip Charge $ 1 014 29 Minor Material $ 26666 Project Management $ 3,40000 Installation $ 14,195 00 Total Customer Price: $ 49,924.87 VERIZON BUSINESS PRICING IS BUDGETARY PENDING NORTEUS QUOTING SYSTEM REFLECTING THE 4.5 UPGRADE PURCHASED l � Kent City Council Meeting Date December 1 l, 2007 Category Consent Calendar 1. SUBJECT: PASKO TRACT X EASEMENT RELEASE —AUTHORIZE 2. SUMMARY STATEMENT: Authorize that release of the Pasko Tract X easement be recorded. The easement was a condition of King County short Plat 779063R reserved on page two of the short plat recorded March 13, 1980, recording number 8003130648. Pending application the Pasko Office Building requires applicant to obtain the release of this easement for ingress, egress created as a result of King County's platting process I3. EXHIBITS: Public Works Memorandum and backup 4. RECOMMENDED BY: Pubtic Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? — rCurrently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councitmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6CC 5 PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director • KEN T Phone: 253-856-5500 W h5 HI N G T 0 N Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 27, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: December 03, 2007 From: Mike Gillespie, Development Manager Through: Larry Blanchard, Public Works Director Subject: Pasko Tract X Easement Release r ITEM 2 Motion: tMove to recommend Council authorize the Mayor to request Public Works staff, to record release of the Pasko easement. Summary: Pending application for Pasko Office building, Kiva # RA-19 2061367, requires applicant to obtain the release of this easement for ingress, egress, and future on demand dedication to King County as a county road. The easement was a condition of King County Short Plat 779063R reserved on page two of short plat recorded March 13, 1980, recording number 8003130648. ' Attachments: Exhibit "A" Plat Map Legal Description Release of Easement Short plat U•IPWCommltte t4cdonPagekPWC110307kPasko Release of Easement doc 6 AFTER RECORDING RETURN DOCUMENT TO: Property Management City of Kent 220 4th Avenue South Kent, Washington 98032 I Reference No. 8003130648 Grantor: City of Kent Grantee: Richard S. and Sharon R. Pasko, husband and wife Abbreviated Legal Description: Ptn of LOTS 1 & 2 KING COUNTY SP# 779063R REC.# 8003130648 lying within SW1/4 STR 27-22-05 tAdditional Legal Description on page Exhibit A of Document. Assessor's Tax Parcel ID No. 2722059053 PARTIAL RELEASE OF DOCUMENT The Grantor, City of Kent, a Washington municipal corporation, for valuable consideration releases that certain Tract "X" easement for future county road purposes granted in King County Short Plat No. 779063R, recorded under King County Auditor's File No. 8003130648 and as shown on the attached Exhibit "A" sketch dated November 20, 2007. Dated this day of 2007. GRANTOR: CITY OF KENT By: Suzette Cooke Its: Mayor (Notary Acknowledgement Appears on Next Page) RELEASE OF EASEMENT - Page 1 of 2 (Grantor: City of Kent - Grantee: Specialized Homes, LLC) (August 24, 2007) 7 ' STATE OF WASHINGTON) )ss COUNTY OF KING ) I, the undersigned, a Notary Public in and for the State of Washington, hereby certify f that on this day of , 2007, personally appeared before me SUZETTE COOKE, to me known to be the Mayor of the City of Kent in and who executed the foregoing instrument and acknowledged that they signed and sealed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. -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 P\Gvi1\Wes\0penFdes\1180\ReleaseEasement doc i 1 RELEASE OF EASEMENT - Page 2 of 2 (Grantor: City of Kent - Grantee: Specialized Homes, LLC) (August 24, 2007) wx mn on a° _ ,� ..., . EXHIBIT "A" IN I+ f� » n11N Me" Aug Irur x !! fn ro ,o tax05 Ift , mr �. a • e + ��Y 14»i. 1 —l 1 aY�TtOf711 1F� {OOfS10Mf 1 ( w � tOTI 10r1 wo 1--- 1 1 1 jS � 1• xv MA a 1 I� �V i 7u_a , e7w+! ,•�► rYJ am# t8 a' NOW " owrn __fff t ;.` tix a.rr. ss f - - -pY - .- it fa-�a11M —--wi•.- - ---- - - = »aura --- ' naMa m 2 •nrw IL STIR In a !-A.rtu-ttIG s s€2�alogc_ _ __ �cr_p qsc,zrw,w tsar€zr�c-_ a .a-n1 w•a'r i ON irn-f1 iuN.� wx ra.a If tE ST711dfG- 14 r WAMM • fy f .y »mrra + � - e u sIr» Mrs•.a,m _ 4 w .. w.. DiTT$i0tY11B6I 71,201T t 1 I� t30 3 � 1 � � � •O�m Cy gg m s A$ i�q � � R� � � � Y d Z � •"e AVENUE,SE (AINOR A ERGL) _l � �aZ£ $4gf5jig 3 - jr i00 �a�gl � i rT_1 �r I I gig stg `f Ii s "1 I I ,ft9 a ""_�o t• � p _ 9 T �V J f FF y I c� OOi1 �o pA Nvi�O m m = a.,.._Af1a»WwY I S_, Y Iryml F� 0 its! t �Q r I ti mm� �Fo aso %I gicn zoFE 111 VgGI1t1 �- I � I Z 4N� ♦f�N� Y• 2f R I I R a ik gg 'O 015 M = m < 2Sr tR � fit q� � � �d,'���r..,t e14 $ 8!t dig r 5 E1 0 £ S"44zA64f'gN-'$ gym &' V1 �•,,,�gife2"':#''' An a b��> ��g � > K"�I^�,LR• � a:" lie Rl 33 V %!AS> a q 0 a O Z $a S S R F COVER SHEET, NOTES APPROVALS ® RYKELS ENGINEERING GROUP,INC. PASKO OffK:E BUILDING,27060132N0 AVE SE,KENT,WA =e=N if]MnR.10R Y YMn 16U IM b 4 YL R1 IMi P Ya1-4R{ypl{6y W-IY! AI Y�=ONm YAZ fii{Hi � 10 SHORT .PLAT NO 779063R iS. 27 T. ZZ R. 5 KING COUNTY, WASHINGTON This space reserved for APPROVAL recorder's use Department of Planning and Community Development Building and Land Development Division COPy Examined and approved this L day of OF07 ORIGINAL Xl) ' L�:%G C 19 L MAR 13 Reed sLz`"ter" ( A-- P. ''� V` Manager, Building 6 Land Development D.t,., 1 [\ Di etbw of R"e'vAs v �Clec� Department of Public Works Exanuned and approved this day PP � 9 of M 196 Filed for remrd at the '— request of: ' ..rl( Q Director Richard S. Pasko 1 Name Department of Assessments r Examined and approved this _:�321.L day of 1 z /7 19 6 th / �pC y ReturnCOi � 4- � " Building 6 Land Development A Sor 450 KC Admire stration Bldg 1 �,n Seattle, Washington ----- }/ V Deputy assessor SGt/ 27-22-S ' LEGAL DESCRIPTION ✓ f That portion of the Southwest 1/4 of the Southwest i/ 4 of the Southwest 1/4 of Section 27, Township 22 North, Range 5 East, W.M.; Beginning at the Northwest corner of said Southwest 1/4 of the Southwest 114 of the Southwest 1/4; thence East, along the North line of said subdivision, 290 feet; thence �oLE1L, parallel to the West line of said subdivision, 150 feet, thence West, ` parallel to the north line of said subdivision, 290 feet; thence North, along the West line, 110 feet to the point of beginning; EXCEPT that portion of the West 30 feet thereof conveyed to King County for road by deed recorded under Auditor's File No. 4164222; Situate in the County of King, State of W-ishingcon. Subject to a private road easement described as follows- _ u. ALng County, Washington. Less the West_.30.00 feet for road. •, Together with that portion lying northwesterly of the arc of a 25 foot radius curve. Said curve being tangent to the East line of said Best 30 feet and tangent to the South line of said North 30 feet. Map on File in Vault Page 1 of W�4 Co.2. CO4G, MO.V � w�e� Fr,✓ 11 J �y PBM.9/N/n/G AF=9 NEEDE1l TO.o.2oUiDE FM SV'oP h a4'-k/.7Y�,eaaa -1;�v6�EA/i'EP G/NF oc /3.+"�`��iiE•,SE, rn dE _ LG`.D/LA7�1J TY! �,/NG Gati�ry 4fi�vl,�'r.,�7O/N6 el�7yi1 SH��GAT. V D 30 E4sz,'�,VT S Z' Z70 T^' .4!11,.G/,..c-eFSd✓'��F c" - zGO` N84�^O%/!✓ �,= Sv/'/9r SrG.27--.Z1=:C l w � n r , x M I TRACT eEs vED Fc c veir�Fr� Al?9D f'sAyT. �orL FNc,C->:.IS EG.C�'S'�/1r/uTr - :D'ouicnry, SET 5AGK LlN6 yi`�/S'SEGTiG SYSTfM 6 Srr;'ENT '1�1 NO i /V 20 ii "W ^wG z,:w ry 4 VV.. O WA.fiJlrV6: A'/n� Cwr•?/ ,/,as re rc spe�sib.Ir t0 Jvi!d, //7J�"OVL� /f>ayr%Din ,�!' Or'?'ej'iJ.SG se(✓:cG 7h3 prrvate. ro-.Ws CO Tulnc 6 L y/i r7lr it of �ro✓r dint --aNiGC Yn 7.'7L pv-<per�• dcstrrL-ad in JJy:s t`r"nry fa!aT. i SW SSG.CaR Z7-1Z•S CASE/Ian✓ ✓/DeASC CAP vie% r0, R. F11`,'c@ ,) of YIASyt ��Ji�A41'SLRH� Land Surveyor's 'Certificate,: Map on File in Vault This short plat correctly represents a survey made by me or under my direction , in conformance with the requirements of Direction: appropriate state and county statute and ordinance. /,9 ZS--7p Scale: / "�SO Fate Certificate Nor //Pz a Shore Plat No. 77906.3, Page_of r� iz COVENANTS, CONDITIONS, AND RESTRICTIONS RUNNING WITH THE LAND: ' Private Road Easement , designated upon the plat as a private road and thoroughfare, is described in the King County Comprehen sive plan as a "local access street or road" and in accordance with the standards therein, may be required for future County street, road, or thoroughfare. I. The owner, his grantees and assigns, hereby agree to dedicate Private Road Easement to King County for right-of-way and street purposes, at such time as said Private Road Easement is/are needed for those purposes. A Deed conveying Private Road Easement to King County shall be executed by the owner, his grantees and assigns, and shall be deli- vered to King County upon demand. 2. The owner, his grantees and assigns, hereby agree(s) to participate in, and/or not oppose or protest, the I formation of a County Road Improvement District (GRID) pursuant to RCW 36.88 or any Road Improvement project sanctioned by King County which is designed to improve Private Road Easement and the immediate street system of which it is a part. Timing of the formation of said CHID or other road improvement project shall be determined by King County. The street improvement authorized by the CRID or other road improvement project shall call for the improvement of Private Road Easement and its immediate street system to at least the minimum King County road standards applicable to the CRID or other road project is formed; provided that, in situations where there is a multiple ownership of properties par- ticipating in the formation of the CRID, or other road improvement project, if a majority of the property owners want a higher standard, i.e. , curbs, gutters, underground drainage, etc., that standard shall prevail. LEGAL DESCRIPTION - Private Road The North 30.00 feet of the West 290.00 feet of the SW 1/4 of the SW 1/4 of the SW 114 of Section 27, T22N, RSE, W.M., in King County, Washington. Less the West 30.00 feet for road. Together with that portion lying northwesterly of the arc of a 25 foot radius curve. Said curve being tangent to the East line of said West 30 feet and tangent to the South line of said North 30 feet, MAINTENANCE AGREEMENT All owners having legal access by said easement, their heirs and assigns, and ally telephone and electric, gas, water or sewer company, public or private, shall have the right to install, maintain, repair and replace lines, pipes, conduits or mains for telephone, electric, gas, water or sewer service. All maintenance, repair and/or rebuilding of the roadway on said easement property shall be by the owners of the parcels of property having legal access therefrom, and their heirs and assigns unless and until such roads are improved to King County Standards and are deeded or dedicated to, and accepted by King County. All easements, rights and obligations herein shall be deemed to be covenants runnint with the land and shall be binding upon the owners thereof, their heirs and assigns. 1 Short Plat Number 7/9e9�4 R . Page of "r"' ' -EDICATION: 13 jY KNOW ALL HEN BY THESE PRESENTS that we, the undersigned, owner(s) of interest in the land herein described do hereby make a short subdivision thereof pursuant to ROW 58.17.060 and declare this short plat to be the graphic representation of the same and do hereby dedicate to the use of the public forever, the streets and avenues shown as public thereon and dedicate the use thereof for all public purposes not inconsistent ' with the use thereof for public hignway purposes, also the right to make all necessary slopes for cuts and fills upon the lots shown on the face of this short plat in the original reasonable grading of the streets and avenues shown thereon, and that said short subdivision is made with the free consent and in. accordance with the desires of the owner(s). IN WITNESS WHEREOF �e have set our hands and ses6is. CV is Name N Name Name ., STATE OF WASH GTON County of on this day personally a fore / / me to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that YL,—, signed the same as ,� free and voluntary act and deed, for the uses and purposes therein mentioned; p GIVEN under my hand and official seal this � �day of Nitapr Pub Sic in and for a State of washtngtun, "" �•! resf�ing at seal ' STATE OF WASHI GTON � ss. County of r. On this day personally appeared before we � 4� ,L ,s-c�- i C/ X Y'C` 717 lee_cs to me known to be Athe individual dAsc ibVin a�'d who executed the w•achin o,a -.--> > instrumento and acknowledged that ��_signed the same as �'t-�--, free and voluntary act and deed, foi the uses and purposes therein mentioned. f —� GIVEN under my hand and official seat this day of — cl:zc•u•"L' • 19 ., • ' Ngta Public inland for the state of washington, • / tAsiding at �-� sed f ' Short Plat Number 7?90�3R Page �_ot 4 F-259 3/78 , i Kent City Council Meeting 1 Date December 11, 2007 Category Consent Calendar 1 1. SUBJECT: VEHICLE AND EQUIPMENT SURPLUS —AUTHORIZE 2. SUMMARY STATEMENT: Authorize staff to dispose of surplus vehicles and equipment as described in the Public Works memorandum. iApproval would permit staff to surplus nine vehicles and three pieces of equipment. 1 i 3. EXHIBITS: Public Works Memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? _ Revenue? Yes 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: r Council Agenda Item No. 6DD PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director Phone- 253-856-5500 Fax 253-856-6500 I KENT Address, 220 Fourth Avenue S. nS H I N W GTON Kent, WA 98032-5895 Date: November 26, 2007 ' To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: December 3, 2007 From: Ron Green, Fleet Manager Don Millett, Operations Manager Through: Larry Blanchard, Public Works Director Subject: Vehicle and Equipment Surplus ITEM 3 Motion: 1 Move to recommend Council authorize staff to appropriately dispose of vehicles and equipment as described in this memorandum and listed. ' Summary: The listed vehicles/equipment comply with current replacement policy guidelines and have been replaced. The equipment will be sold at auction or smaller cities and agencies as needed. 1022 1998 Jeep Cherokee, VIN. #114FJ27S1WL221277, age 9 years, 59,670 miles. This vehicle was totaled in an accident. Fair market value was recovered from the subrogation ' claim. This vehicle was to be replaced in 2008. I 3108 1980 Ford Econoline, VIN. #S24GHJD4623, age 27 years, 29,907 miles. This vehicle is longer used by the Police Department, it is not practical to reassign it into the Motor pool. This vehicle will not be replaced. 3705 2003 BMW Motorcycle, VIN. #WB10499A242#91323, age 4 years, 45,390 miles. Cost of engine repairs to will exceed the value of motorcycle. (Engine using excessive oil) t5302 2000 Jeep Cherokee, VIN. #134FF27S9YL240549, age 7 years, 28,292 miles. This vehicle was totaled in an accident. Fair market value was recovered from the subrogation ' claim. This vehicle was to be replaced in 2010. 5324 1995 Dynapac Roller, VIN. #60110209, age 12 years, 1276 hours. This unit meets the replacement criteria for age, and has defective major drive components and extensive brake repairs that are cost prohibitive. 7615 2000 Chevrolet P/U, VIN. #1GCEK19T3YZ334064, age 7 years, 105,001. This vehicle has excessive electrical issues with aftermarket wiring, high mileage, significant accident ' history and continuous problematic repairs. It meets our current replacement policy guidelines. U NtlminSupl PWCommittee12007ActlonPageU 203071Rem3veASurplus Ooc 8773 1988 Dodge P/U, VIN. #1137D14YXJS754663, age 19.5 years, 104,805 miles. The ' cost of current repairs (transmission, coolant, and power steering leaks) is more than the value of the vehicle. This vehicle is a motor pool vehicle and will not be replaced 9951 1990 Mighty Radar Trailer, VIN. N/A. This trailer is old, worn out, and does not meet , current needs of the customer. (Police Department) This trailer will not be replaced. 3176 1998 Ford Taurus, VIN. #1FAFP52S7WG186448, age 9 years, 58,141 miles. This vehicle was totaled in an accident. Fair market value is currently being recovered from the ' subrogation claim. This vehicle was to be replaced in 2008. i t 1 U�\Adm/nSup\PWCommftteeS2007AcbonPage1120307%rtem3VehSurpfus doc ' Kent City Council Meeting Date December 11, 2007 Category Consent Calendar 1. SUBJECT: CONSULTANT SERVICES AGREEMENT FOR COMPREHENSIVE WATER SYSTEM PLAN—AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign any necessary consultant agreements related to the Kent Comprehensive Water System Plan that are $100,000 or less, subject to the City's procurement policies and approved project budget, and upon concurrence of the language there in by the City Attorney and Public Works Director. The City is currently in the design stage of the Kent Comprehensive Water System Plan The City will utilize an array of consultants and services, and in order to complete the project within the projected timeframe, it is prudent to streamline the contract authorization process 3. EXHIBITS: Public Works Memorandum dated 11/27/07 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? _ Revenue? _ 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. 6EE 17 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director 253-856-5500 K E N T Phone Fax• 253-856-6500 WASHI GTON Address- 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 27, 2007 ' To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: December 3, 2007 From: Mark Howlett, Design Engineering Manager ' Through: Larry Blanchard, Public Works Director Subject: Consultant Services Agreements for Comprehensive Water System Plan ITEM 4 ' Motion: Move to recommend Council delegate the authority to the Mayor to sign any necessary consultant agreements related to the Kent Comprehensive Water System Plan that are $100,000 or less, subject to the City's procurement policies and approved project budget, and upon concurrence of the language therein by the City Attorney and Public Works Director.. ' Governing Policies Procedures Rules & Regulations: 1 Kent City Code 3.70 and Administrative Policy 1.1 Procurement Policy Background/History: The Kent Comprehensive Water System Plan has been planned for a number 1 of years. The City has traditionally hired consultants in those disciplines that the City does not have in-house. These disciplines may include water comprehensive planning, hydraulic modeling, environmental engineering, utility rate analysis and others as required to complete the project. City Code Chapter 3.70.050 requires the Council to authorize any consultant contract over $25,000. To keep this type of project on time and therefore at less cost, streamlining the authorization process for particular contracts will assist in more efficient project management. Any consultant contract ' over $100,000 or any public works or construction contracts will still be brought to the City Council for approval. This delegation of authority is limited to consultant contracts related to this project that are within the approved project budget and will still require the City to follow all other required procurement procedures such as seeking competitive proposals or direct negotiation from the City's list of qualified consultants. ' Summary: The City is currently in the design stage of the Kent Comprehensive Water System Plan. The City will utilize an array of consultants and services, and in order to complete the project within the projected timeframe, it is prudent to streamline the contract authorization process. 1_ IU•LPWCommitteeWctionPaget2007\PWCMtg1203OAftem4Consult Agrmnt Comp Water System Plan ' Kent City Council Meeting Date December 11, 2007 Category Consent Calendar ' 1. SUBJECT: PACIFIC HIGHWAY SOUTH —AGREEMENT WITH KING COUNTY METRO TRANSIT—AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with King County Metro Transit for bus shelter improvements, new bus shelters and general street and pedestrian improvements associated with the City's Pacific Highway South HOV Lanes Project. ' In order to complete the reimbursement by Metro, the City and Metro need to re- authorize the agreement. No substantive terms or conditions of the original agreement have been modified, except the time for performance. ' 3. EXHIBITS: Public Works Memorandum and Revised Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? _ Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda IItem No 6FF PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • KENT PhFaxe 253-856-6500 Wn5 HINGTON ' Address 220 Fourth Avenue S. Kent, WA 98032-5895 ' Date: November 27, 2007 ' To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: December 3, 2007 From: Mark Howlett, Design Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Pacific Highway South — Agreement with King County Metro Transit ITEM 5 ' Motion: Move to authorize the Mayor to sign an Agreement with King County Metro Transit for bus shelter improvements, new bus shelters and general street and pedestrian ' improvements associated with the City's Pacific Highway South HOV Lanes Project. Summary: In order to complete the reimbursement by Metro, the City and Metro need to re-authorize the agreement. No substantive terms or conditions of the original agreement have been modified, except 1 the time for performance. Background: King County Metro Transit operates several bus routes along Pacific Highway South through the City of Kent. At 12 bus stop locations within the City, the City and Metro constructed bus shelters and shelter improvements. In an agreement dated May 3, 2004, Metro agreed to pay the City $172,000 to cover the cost of right-of-way acquisition and construction of the pads. The original agreement has expired preventing reimbursement by Metro. u\PWCommRtee\ActlonPage\2007\PWC120307PacHwySAgrtnnt KCMetroTransit.doc L41 I King County RECEIVED Department of Transportation Metro Transit Nov o E� Transit Speed &Reliability Program 201 South Jackson Street CITY OF ' ' , M S KSC-TR-0411 FNGINEERW DEPT Seattle, WA 98104-3856 November 11,2007 Nick Horn Public Works , City of Kent 400 West Gowe St. Kent,WA 98032-5895 Re: Revised Agreement between King County and the City of Kent for Funding,Construction and Implementation of Pacific Highway South HOV Lanes , Dear Nick: Please find enclosed two originals of the above referenced agreement. ' When fully executed by the City of Kent, please return both originals to me.I will have the agreements signed and return one of the originals to you for your file. If you have any questions, please contact me at 684-6794. Sincerely, David Cantey , Senior Project Manager Transit Speed &Reliability Program Enclosures ' Agreement behveen King County and the City of Kent for Funding,Construction and Implementation of Pacific Highway South HOV Lanes Project THIS AGREEMENT is made and entered into this day of 2007,by and between the City of Kent, hereinafter called the"City,"a municipal corporation of the State of Washington, and King County, acting through its Department of Transportation,hereinafter called the"County," both of which entities may be collectively referred to hereinafter as the "Parties". WHEREAS, the City has undertaken the Pacific Highway South HOV Lanes Project to construct right-of- way improvements from S 272nd St. to Kent Des Moines Road, and WHEREAS, Pacific Highway South is a major north/south arterial street that serves both local and regional traffic within the City by all modes, including public transit,and ' WHEREAS, the City desires to improve traffic operations and pedestrian circulation, support transit and enhance the overall safety and aesthetics of Pacific Highway South; and WHEREAS,the County wants to improve transit operations along Pacific Highway South and supports the City's efforts to upgrade this facility in a manner more compatible to transit and pedestrian modes; and ' WHEREAS,the County has agreed to contribute finding to construct those project elements that directly benefit transit operations; and 1 WHEREAS,this Agreement ratifies and extends a previous agreement that expired on January 31,20W NOW,THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which is acknowledged, the parties hereto agree as follows Section 1. City Responsibilities 1.1 The City will be responsible for the design,construction/installation, testing and acceptance of all improvements- including those requested b_y the County - in plans prepared by the City identified as the"Pacific Highway South HOV Lanes Project"(hereinafter, the"Project"). 1.2 The City shall submit to the Comity plans for the Project for review prior to construction.The County will have the opportunity to review plans at 60%,90%, and 100% ' 1.3 The City will be responsible for the administration of any contracts it enters into for the perfbrmance of its responsibilities under this Agreement.The City w ill provide the County with quarterly progress reports to identify work progress, schedule adherence,and other matters of sr_enificance m the performance of this Agreement Prior to the issuance of a change order or acceptance of contractor's work, the City will notrfj the County and provide the County with the ' opportunity to comment on and inspect the following items included in the Project: a. Bus shelter footings(in the formed stage prior to concrete pour per the Note on C 204- Footinus in Attachment C.) b. Handholds and conduits for providing power to bus shelters However, neither the County's comments on nor inspection of City-led improvements under this Agreement will relieve the Crt� of its responsibility for said improvements City of Kent Agreement Pacific Highway South HOV Lanes Project 1.4 The City shall contact the County two(2)weeks in advance of construction to remove or relocate , bus shelters and three(3)days in advance to move or relocate a bus stop. 1.5 The City will acquire right-of-way and install twelve(12)shelter footings, litter receptacle pads, ' and retaining walls(where applicable) as identified in Attachment B and Attachment C, in order to create accessible bus stops meeting federal , state, and King County requirements. The City shall exercise due diligence in acquiring said right-of-way. 1.6 The City will install conduit and wiring from the City's power source to the Metro i-box and conduit from the Metro.I-boa to the shelter footing per the internal lighting design identified in Attachment D 1.7 The City will be responsible for arranging power service and for paying all ongoing electrical power costs related to internal bus shelter lighting improvements This obligation shall survive any expiration or termination of this Agreement. 1.8 The City is hereby designated the County's construction agent for the Project The City w ill incorporate the County's Plans and Specifications into the City's Protect and advertise the Protect for competitive bid The City will administer the construction of the Project and shall have the final judgment, after consultation with the County,with regards to decisions related to the work of the contractor. Section 2. County Responsibilities 2.1 The County will be responsible for removing the existing shelters and installing new or refurbished shelter units.The Parties agree to manage the phasing of the shelter-related eonsti uction so as to minimize the impacts to transit customers. ' 2.2 The County will install bus shelters with internal lighting capability at up to twelve (12)bus zones,as identified in Attachment B. The County will maintain the bus shelters. 2.3 Upon notification by the City of completion of work identified in Section 1,the County will inspect the improvements consistent with the County approved plans and specifications_ If the County finds that any work does not meet the terms of this Agreement, or any specifications or terms established hereunder, the County will prepare a punch list of such items and submit it to the City. Woik that does not comply with the agreed upon specifications and terms,except as modified by mutual agreement between the City and the County, will be corrected by the City at no cost to the County.Notice of acceptance will not constitute acceptance of an_v unauthorized or defective work or material The County retains all rights hereunder and at law to iequire the City to remove, repair, replace, or dispose of any unauthorized or defective work or to recover damages for any such work or material. Section 3.Financing 3.1 The construction budget for the Project is$12,000AO.The County will contribute directly to the City an amount not to exceed $172,000 to support the project These costs are intended to offset City planned construction of transit related improvements identified in Attachment A,"Casks 1 and 3. 32 The City's right-of-way cost estimates are identified in Attachment E. , City of Kent Agreement Pacific Highway South HOV Lanes Project 3.3 If the City and County mutually agree that it is infeasible to secure right of way for a specific site, the County will reduce its contribution under this Agreement by an amount taken from the construction cost estimate for that site(Attachment B), the property acquisition costs estimate for the site identified in Exhibit E(less the costs of item B, C, D, E,F and possibly H),as well as a 1/12"'pro-rated share of$60,000 This share is based upon the difference between the City's estimated ROW costs M 12,000)and the County's total contribution to the Project(Sl'72,000). The City and County may, by mutually written agreement, exceed the estimated parcel costs identified in Attachment E on a site by site basis up to a maximum of$172,000. 3.4 Once all available and mutually agreed right-of-way has been secured, funds not spent by the City ' on right of way acquisition will be available to the City for project construction and the nupiovennents identified herein including unforeseen costs associated with the bus stop improvements ' 3.5 The County shall absorb all costs associated with Task 2,installation of Bus Shelters, identified in Attachment A. 3.2 The City will invoice tine County upon completion of the tasks identified in Attachment A, except forTask 2, installation of Bus Shelters, wherein the County will remove and install the bus ' shelters at County e\pense The Comity will make payment to the City within thirty(30)days of receipt of an invoice for work determined to be performed in accordance with the terms of the Agreement 'The County's total payment to the Cl under tills Agreement will not exceed $172,000. Section 4. Ownership and Maintenance ' 4.1 Unless otherwise agreed to by the Parties,the City will own and maintain all improvements constructed by the City as part of the Project ' 4.2 The County will own and maintain the shelter footings, litter receptacle pads,retaming walls around the shelter footing(where applicable)constructed by the City behind the sidewalk but paid for by the County.The County will own and maintain all King County 1N1ctro bus shelters, litter receptacles, benches, internal shelter lighting fixtures,and bus signage supplied by the County. Section 5,Legal Relations 5.1 It is understood that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture, agent-principal ielationship or partnership is formed as ' result of this Agreement.No employees or agents of one party or any of its contr actors or subconti actoi s shall be deemed,or represent themselves to be, employees or agents of the other party 5.2 To the maximum extent permitted by law, each party shall defend, indemnify, and hold harmless the othei party and all of its officials,employees, principals, and agents from all claims, demands, ' sorts, actions and liability of any Lind, including injuries to persons or damages to property,that arise out of, are connected with,or are due to any negligent acts or omissions of the indemnifying party and/or its contractors,officials, employees,agents and representatives in performing work under this Agreement, provided, however, that if(and only if)the provisions of RCW 4.24 115 apply and any such damages and injuries to persons or property are caused by or result from the City of Kent A-r eenient Pacific Highway South HOV Lanes Project concurrent negligence of both parties to this Agreement, or their contractors, officials, employees, agents and representatives,then in such instance each party's obligation hereunder applies, only to the extent of the negligence of such party or its contractors,officials,employees, agents or representatives. Each party specifically assumes potential liability for actions brought by its own employees against the other party and for that purpose only each party specifically warves, as to the other party only, any immunity under the Worker's Compensation Act, RCW Title 51; and the parties recognize that this waiver was the subject of mutual negotiation and specifically entered into pur suant to the provision of RCW 4 24.1 15, 5.3 The City and the County shall comply and shall ensure that their contractors comply with all ' federal, state and local laws, regulations, and ordinances applicable to work and services to be performed under this Agreement ' 5.4 In the event any party incurs attorney's fees,costs or other legal expenses to enforce provisions of this section against another party,all such fees, costs,and expenses shall be recoverable by the prevailing party. 5.5 This Agreement shall be interpreted in accordance with the laws of the State of Washington in effect on the date of execution of this Agrcement. The Superior Court of King County, Washington shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 5.6 The provisions of this Section shall survive any expiration or termination of this Agreement t Section 6_ Records and Audit 6.1 During the progress of the design and construction ofall improvements covered by this Agreement and for a period not less than three(3)years from the date of completion of all improvements, records and accounts pertaining to the work of this Agreement and accounting therefore are to be kept available for inspection and audit by representatives of the parties Copies of the records shall be furnished upon request and shall be maintained in accordance with a work order accounting procedure prescribed by the State Auditor's Office. Section 7.Agreement Duration and Termination 7.1 This Agreement shall take effect upon execution by both parties and shall expire December 31, ' 2008, unless extended by mutual agreement of the Parties or unless terminated in accordance with the provisions of this Section 9 72 Either party may terminate this Agreement in the event that the other party materially breaches this Agreement Written notice of such tei nmation must be given via certified marl by the party terminating this Agreement to the other party not less than fourteen (14)days prior to the effective date of termination. 7.3 Either party may terminate for its convenience and without cause by providing written notice to ' the other party not less than thirty(30)days prior to the effective date of termination 7.4 Failure by either party to require full and timely performance of any provision of the Agreement ' at any time shall not waive or reduce the right of either party to insist upon complete and timely performance of such provisions or any other provision thereafter. City of Kent Agreement Pacific Highway South HOV Lanes Protect Section 8.Identification of Contacts at City and County 8.1 The City and the County each agree to appoint a Project Manager to represent the interests of their respective agencies. The two PtoJect Managers will work collaboratively to implement this Agreement 8.2 All official communication concerning this Agreement should be directed to the following Protect ' Manauers- Mark Howlett, P.E. Patt Comstock Engineering Supervisor Transportation Planner City of Kent King County Dept of Transportation 400 West Gowe St. 201 S Jackson Street, MS KSC-TR-0413 Kent, WA 98032 Seattle, WA 98104 Any changes in agency contacts from those noted above must be confirmed in writing to the other party. Section 9.Entire Agreement ' This document contains all terms, conditions and provisions agreed upon by the parties thereto, and shall not be modified except by written amendment, Such amendments may be made to this Agreement within the previously approved budget of other applicable authority for and on behalf of the City by its Mayor or designee,and for and on behalf of the County by its General Manager of the Transit Division or designee.The written provisions and terms of the AGREEMENT, together with any attached Exhibits,shall supersede all prior verbal statements of any oflicer or other representative of either party,and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this AGREEMENT.This document, including all Exhibits, is the entire agreement between the parties. Should any language in any of the Exhibits to the AGREEMENT conflict with any language contained in this AGREEMENT, the terms of this AGREEMENT shall prevail Section 10. Assignment ' Any assignment of this AGREEMENT by either party without written consent of the non- assigrimg party shall be void. Section 11.Modification No waiver,alteration, or modification of any of the provisions for the AGREEMENT shall be binding unless in writing and signed by a duly authorized representative of the CITY and the COUNTY Section 12. Severability If any provision of this Agreement is held invalid by a court of competent Jurisdiction,the remaindej of the Agreement shall not be affected thereby if such remainder would then continue to serve the proposes and objectives originally contemplated by the parties City of Kent Agreement Pacific Highway South HOV Lanes Project Section 13. Prior Agreement This Agreement is intended to ratify and extend the time for performance of that prior Agreement attached hereto as Exhibit 1. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first written , above, which shall be the date this Agreement is signed by the last party executing The City of Kent By ' Suzette Cooke, Mayor Date City of Kent King County By Kevin Desmond,General Manager Date ' Metro Transit Division I II City of Kent Agreement , Pacific Highway South HOV Lanes Protect Attachment A Funding of Transit Related Elements Pacific Highway South HOV Lanes Project City of Kent,Washington The County contribution for this project is as follows. TASK BUDGET Task 1: Bus Zone and Shelter Improvements $52,000 County contribution to the City supporting the construction of bus shelter footings. County contribution to the City supporting the construction of handholds,conduit runs, in addition to the wiring and fuses from the City power source to the handholds per County specifications in order to provide power to bus shelter Task 2: Installation of Bus Shelters $83,200 County cost for installation of bus shelters at up to twelve(12) locations. Task 3: General Street and Pedestrian Improvements $120,000 ' County contribution to the City to support construction of street rechannelization,northbound and southbound HOV lanes,cur b, gutter, sidewalks, and curb ramps. City of Kent Agreement Pacific I Iiahway South HOV Lanes Project Attachment B Bus Shelter List Pacific Highway South HOV Lanes Project City of Kent,Washington Shelter Zone Kent Parcel Station Footing Footing Shelter Litter Internal 6" wide Number Type Size Type Receptacle Shelter Retaining Construction Pad Lighting Wall Cost 1 60750 462632(S) 37 F70R B21 9'-8"x4'-4" F21 Yes Yes No $3,819 70 2 60752 ROW(g) S 47+81R B21 9'-8"x4'-4" F21 Yes Yes No $3,819 70 268"St 3 60760 462607(S) 78+90R B21 9'-8"x4'-4" F21 Yes Yes No $3.819 70 4 60780 ROW(a 105+50R 1311 9'-81,xT F 11 Yes Yes No $4,409 94 396489(N) 5 60790 396476(N) 122+60R B21 9'-8"x4'4" F21 Yes Yes Yes $5,455 35 6 48950 396469(N) 146+20R 622 18'xT-4" F22a Yes Yes No $6,11152 7 48960 396453(N) 164+20R B21 9'-8"x4'-4" F21 Yes Yes Yes N/A(ROW only) 8 50480 397246(N) 164+20L B21 9'-8"x4'-4" F21 Yes Yes No $3,819.70 9 50481 397232(N) 149+301- 1321 9'-8"x4'-4" F21 Yes Yes No $3,819 70 10 61180 347225(N) 140+20L B21 9'-8"x4'-4" F21 Yes Yes No $3,819.70 11 61 190 397212(N) 123-r501- 1321 9'-8"x4'-4" F21 Yes Yes No $3,819 70 12 61200 396496(N) I00-60L B21 9'-8"x4'-4" F21 Yes Yes No $3,819 70 13 61220 462656(S) 72+50L B21 9'-8"x4'-4" F21 Yes Yes Yes $5,465 59 i � II � I � I City of Kent Agreement Pacific Highway South HOV Lanes Prgiect Attachment C D103-Standards foi Construction of Transit Passenger Facilities Footing Plans, Sections, Details,Notes and Schedule C206-Rock and Concrete Cut Retaining Walls Details C21 1-Bus Sign Foundation Litter Receptacle Pad Details City of Kent Agreement Pacific I lighway South HOV Lanes Project � -- - ----�-- - - \e\ - -- - - — � . \� \\ \ ;{\• 2 , >mz .» . y! er . - - - {�lwp yyl y - ; «, \ � C.7 Kent Agreement � ^` . � . \ . . Pacific Highway South HOV Lanesw§e � � .t r v � 17 i 0 ' � , �1 '�.;°J ,•: F ;�' 'a �-" a :.;art !� �- � � n ! � �a i� r �. - {{\ \} y M" J 1 [. 4w� spry ♦'� *I#'JAt 1, ;Aila , f1"S- — to i8 s1 ',T�'r• t YI Yf..t2 r, t 141 � I x P _ ♦73 f __t City of Kent Agreement Pacific Hiahway South HOV Lanes Project —, 4 oaf�., ,i iX •X X.T 1 r 'N 12 - .. r, �� f.i �•f+i � �T r� ti £?L�1 �+ �4� I` Ra}+l'r}�� f I 1 =t r� ., �, r .,s t•r•1 � '4 , —_ 'fry— ?s1, l• IrF� t y Cl.r 1w ' It 4t .. It i I L;•. � I� LYt~ f Y' III Y• J _ iP € 3rr1U1 fi �I C I • y� 3 ¢ I eT r 3 t Ef £ , i I rTl 4 4 F-C? 4m T, •"3j � , i r Xlf si t� City of Kent Agreement Pacific Highway South HOV Lanes Project Attachment D Standards for Construction of Transit Passenger Facilities Internal Bus Shelter Lighting Details i 1 t City of Kent Agreement Pacific Highway South HOV Lanes Project -- E i � 1 r _ } } Y tl � - E i 3 .. tl M i • 9 K r i d F � '� ! i ' t } City of Kent Agreement Pacific Highway South HOV Lanes Pr(--)lecl Attachment E City of Kent Estimated Right of Way Costs 1 i City of Kent Agreement Pacific Highway South HOV Lanes Project JT Y.Ya.w N_Ob 4s J pr Et W q p—. _�Ob 0�00�'OLS OO f{.OA O N O S E rC S AAA V S bf M 0 96 t09 mN 0Q mQNto tD.'". 8 _N waQNNY N N t1l �� G a a a a KKK pF ^ �R . 2aa aaGw ozo17;;z; z zz� T w L' 2 a o a o=o K z K o o 0 0 ^i n z o wWw W"'u p�j nrG K�c o-CKKT,.r2K � job o et ^ M« AN« i r ,'- b! 8 S 88g�888 O 8 o ai 8�oo8R8}7,5^ !iffi8 ,{ ga`� 10 ���s s�5�g$ffi�o oA go�Q� t yp i N Q W�OQbP O O � City of Kent Agreement Pacific Highway South HOV Lanes Protect Kent City Council Meeting Date December 11, 2007 Category Other Business 1. SUBJECT: MERIDIAN BANKS REZONE RESOLUTION (QUASI-JUDICIAL) 2. SUMMARY STATEMENT: This resolution remands the Meridian Banks Rezone application to the Hearing Examiner for further action on the issues identified by Council in the resolution. This is an application to rezone approximately 6 acres of property from Single-Family Residential, 4.5 units per acre, to Single-Family Residential, 6 units per acre. 3. EXHIBITS: Resolution r4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) I5. 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 AC ION: Councilmember 0—, (A�moves, Councilmember seconds to adopt Resolution No. , remanding the Meridian Banks Rezone application to the Hearing Examiner for further action on the issues identified by Council in the resolution. DISCUSSION: ACTION: o a� Council Agenda Item No. 7A 1 i I ' a RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to land use and zoning, and remanding to the hearing examiner the application to rezone approximately 6 acres of property located at 25840 135th Lane Southeast from SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Meridian Banks Rezone RZ-2005-7). RESOLUTION 1 THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION Z. - Procedural History. An application was filed on June 30, 2005, to rezone approximately six (6) acres of property located at 25840 135th Lane Southeast from SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR- 6 (Single-Family Residential, 6 units per acre). (Meridian Banks Rezone, #RZ- 2005-7). On August 29, 2005, the applicant filed an application for preliminary plat on the same property. On November 18, 2005, the City issued a SEPA Determination of Nonsignificance (DNS) for the rezone application. An appeal of the DNS was filed, and on February 1 and 15, 2006, the hearing examiner held a consolidated SEPA appeal/rezone hearing. On March 15, 2006, the hearing examiner issued a decision granting the appeal of the DNS and remanding the threshold determination to the City for concurrent review of the environmental impacts of the rezone and preliminary plat applications. The City subsequently issued a Mitigated Determination of Nonsignificance (MDNS) (#ENV-2005-57) for the Meridian Banks Rezone and preliminary plat applications. An open record 1 Meridian Banks Remand of Rezone { hearing on the rezone, as part of a consolidated hearing process, was held on May 10, 2007; May 23, 2007; and August 15, 2007. On October 15, 2007, the hearing examiner issued findings and conclusions recommending approval of the Meridian Banks Rezone (the "Recommendation"). 1 SECTION 2. - Council Remand To Heanna Examiner. - After reviewing the record before it, the City Council voted on November 20, 2007, to remand the Meridian Banks Rezone back to the hearing examiner for further consideration of the issues listed below in Section 3 as those issues relate to the criteria found in Kent City Code (KCC) 15.09.050(C). For these issues, the Council found that either evidence necessary for a final decision under KCC 15.09.050(H) had not been presented to the hearing examiner, or the Council needed clarification of a portion of the Recommendation. On remand, the hearing examiner authority to determine whether a particular issue remanded by the Council needs additional public testimony, documentary evidence, and/or argument presented to the hearing examiner. Once the hearing examiner issues a recommendation after the remand proceedings, the Council will again consider the Meridian Banks Rezone , per 15.09.050(H). SECTION 3. - Issues For Remand. A. The proposed rezone is consistent with the Comprehensive Plan. KCC 15.09.050(C)(1). 1. Consider the Comprehensive Plan's Land Use Goals and Policies overall goal to "[e]ncourage a future growth and development pattern which implements the Community's vision, protects environmentally sensitive areas, and enhances the quality of life of all Kent residents." 2. Consider Comprehensive Plan Land Use Element goal LU- 21: [f]oster recognition of the significant role played by natural features and systems in determining the overall environmental quality and livability of the community. 3. Consider Comprehensive Plan Land Use Element goal LU- 26, which acknowledges the need to "[p]rotect and enhance natural resources for multiple benefits, including recreation, fish and wildlife 2 Meridian Banks Remand of Rezone 1 resources and habitat, flood protection, water supply, and open space " 4. Consider the unique circumstance of the Meridian Banks rezone site being located on the shore of Lake Meridian and any environmental consequences that this location may have in regard to consistency with the Comprehensive Plan. B. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. KCC 15.09.050(C)(2) 1. Review the testimony of Michelle McDowell regarding compatibility of subsequent SR-6 development with development in the vicinity (Recommendation, Finding 12), and explain how this testimony was taken into consideration for the conclusion that the application meets the requirement of 15.09.050(C)(2). 2. Consider the development in the vicinity to the north and to the east of the Meridian Banks site, which was zoned SR 4.5, and analyze whether a development with SR-6 zoning would be compatible. 3. Consider whether a development with SR-6 size lots would be compatible with development in the vicinity. 4. Consider the unique circumstance of the Meridian Banks 1 rezone site being located on the shore of Lake Meridian and any environmental consequences that this location may have in regard to any subsequent development being compatible with development in the vicinity. C. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. KCC 15 09 050(C)(5). 1. Consider the unique circumstance of the Meridian Banks rezone site being located on the shore of Lake Meridian and any environmental consequences that this location may have in regard to the proposed rezone affecting the health, safety, and general welfare of the citizens of the City of Kent. SECTION 4. - 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. 3 Meridian Banks Remand of Rezone SECTION 5. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of , Kent, Washington, this day of , 2007. CONCURRED in by the Mayor of the City of Kent this day of , 2007. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of 2007. BRENDA JACOBER, CITY CLERK P\CimiWesaweon\eexoneRema nennianeanx nac 4 Meridian Banks Remand of Rezone Kent City Council Meeting C� Date December 11, 2007 Category Other Business 1. SUBJECT: KEN/EVENTS CENTER PUBLIC FACILITIES DISTRICT 1NTERLOCAL AGREEMENT REGARDING ISSUE OF BONDS ORDINANCE p2 2. SUMMARY STATEMENT: The Contingent Load and Support Agreement, which the proposed ordinance would authorize the Mayor to sign, provides that in consideration for the District dedicating all its sales t x revenue toward repayment of the bonds, the City will make gross revenue from th Events Center available to the District for the payment of remaining debt service on the District's revenue bonds. In return for the District's revenue commitment to make bond payments, the agreement also provides that the City will pay for the operation and maintenance expenses of the Events Center and will provide credit support for the bonds in order to allow the jDistrict to obtain financing at the lowest interest rates available. ` 3. EXHIBITS: Ordinance and Contingent Loan and Support Agreement 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 1 5. FISCAL IMPACT Expenditure9 N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember U 6, moves, Councilmember seconds ito adopt Ordinance No.�V which approves issuance of special events center sales tax and revenue bonds by the Kent Events Center Public Facilities District, and which 1 authorizes the Mayor to sign a Contingent Loan and Support Agreement, to sign related documents, and to take other necessary action, subject to final terms and conditions acceptable to the City Attorney. DISCUSSION: jACTION: Council Agenda 1 Item No. 7B I t iORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, approving the issuance of special events center sales tax bonds and special events center revenue bonds by the Kent Special Events Center Public Facilities District and authorizing the execution and delivery of a contingent loan and support agreement are related documents and authorizing certain other actions in connection therewith. RECITALS 1 A. The City Council of the City of Kent (the "City") determined that is in the best interest of the City and its citizens to provide for the design, construction, ownership, operation, and/or financing of a regional center (as defined in chapter 35.57.020 of the Revised Code of Washington ("RCW")) that includes a multi- purpose arena for hockey and other public uses, together with related parking facilities (the "Special Events Center"), individually or in cooperation with other governmental and/or private entities as allowed by law, located within the City to provide needed public facilities to serve a regional population and to serve local and regional business, community, family entertainment, youth, performance sport, recreation and athletic organizations, to promote economic development, and to further the revitalization of business, financial, and commercial interests within the City. B. The City Council determined that it is in the best interest of the City and its citizens to create a public facilities district to assist the City in the financing of a viable Special Events Center within the City. C. By Ordinance No. 2852, enacted by the City Council on August 7, 2007, and in accordance with RCW 35.57, the City of Kent created the City of Kent Special Events Center Public Facilities District, a Washington public facilities district duly organized and existing under the laws of the State of Washington (the 1 CONTINGENT LOAN AND SUPPORT AGREEMENT -AUTHORIZATION "District") to assist in the design, construction, ownership, operation, and/or financing of regional centers as defined in RCW 35.57.020. D. The Washington Interlocal Cooperation Act (RCW 39.34) authorizes a public agency of the State of Washington to contract with a public facilities district to perform any governmental service, activity, or undertaking which each entity is authorized to perform. E. The City and the District entered into an Interlocal Agreement for Development of Special Events Center, dated September 14, 2007, to provide for i the financing, design, construction, ownership, and operation of the Special Events Center. F. RCW 35.57.040(1)(d) and RCW 82.14.390, subject to certain restrictions, authorize the District, for a period of up to 25 years, to impose a 0.033 percent (0 033 of 1%) sales and use tax that is deducted from the amount of the sales and use tax otherwise required to be collected and paid over to the Washington State Department of Revenue under Chapters 82.08 and 82.12 RCW, the proceeds of which taxes are required to be used for the financing, design, construction, operation, and maintenance of the Special Events Center. G. RCW 35.57.030, subject to certain restrictions, authorizes the District to issue general obligation bonds with a maturity of up to 30 years to provide the Special Events Center, and RCW 35.57.080, subject to certain restrictions, also authorizes the District to issue revenue bonds with a maturity of up to 30 years to fund the revenue-generating facilities comprising the Special Events Center. H. RCW 67.28.120 also authorizes the City individually or jointly with any other municipality to acquire and to operate tourism-related facilities, including public stadium facilities, convention center facilities, and performing arts center facilities. I. Pursuant to RCW 67.28 080(1), the "acquisition" of tourism-related facilities includes, but is not limited to, acquisition, construction, and paying or securing the payment of all or any portion of general obligation bonds, revenue 2 CONTINGENT LOAN AND SUPPORT AGREEMENT-AUTHORIZATION bonds, or other obligations issued or incurred to acquire and construct tourism- related facilities such as the Special Events Center. J. RCW 67.28.150 and RCW 67.28.160 also grant to the City the power to issue general obligation bonds and revenue bonds to carry out the purposes of Chapter 67.28 RCW, including acquisition and construction of tourism-related Ifacilities such as the Special Events Center. K. The City has requested that the District issue, and the District has agreed to issue, its Special Events Center sales tax bonds and Special Events Center revenue bonds in one or more series in an estimated aggregate principal amount of $62,700,000 (collectively, the "Bonds") to pay for a portion of the capital costs of the Special Events Center. L. The City and the District intend to enter into a Contingent Loan and Support Agreement Regarding Financing for Kent Special Events Center 1 substantially in the form attached hereto as Exhibit A and incorporated herein by reference (the "Contingent Loan and Support Agreement") to provide, among other things, for the gross revenue of the Special Events Center to be made available by the City to the District for the payment of debt service on the District's revenue bonds, for the payment by the City of operation and maintenance expenses of the Special Events Center to the extent required if revenues of the Special Events Center are not sufficient for that purpose, and for the provision by the City of credit support for the Bonds to permit the District to obtain financing for the capital costs of the Special Events Center at the lowest interest rates available. 1 M. The City Council finds and determines that City's participation in the financing of the Special Events Center will enable the District to obtain financing at the lowest interest rates available and, because of the mutual economic investments to be made in the Special Events Center by the City and the District, will benefit both the District and the City, therefore has determined that it is appropriate and in the best interests of the City and its citizens to execute the Contingent Loan and Support Agreement. i 3 CONTINGENT LOAN AND SUPPORT AGREEMENT-AUTHORIZATION NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Approval of Issuance of Bonds and Contingent Loan and Support Agreement. The City requests that the District issue and approves the issuance of the District's Bonds to pay for a portion of the capital costs of the Special Events Center. The Contingent Loan and Support Agreement, attached as Exhibit Al is approved, and the Mayor is authorized to execute it in substantially the form set forth as Exhibit A, together with such modifications as she deems appropriate and consistent with its purpose. The Mayor is authorized to make such additional adjustments to the provisions of the Contingent Loan and Support Agreement as may be approved by the District and as she deems to be consistent with the purposes of this Ordinance. SECTION 2. - Pledge In Support of City Obligations under Contingent Loan and Support Agreement. To the extent that circumstances specified in the Contingent Loan and Support Agreement obligate the City at a future time to lend money to the District or advance money directly to the fiscal agent for the District's Bonds, currently The Bank of New York (the 'Fiscal Agent"), on behalf and for the account of the District if required to pay the Bonds in connection with the financing by the District of the Special Events Center, that obligation to lend money to the District or advance money directly to the Fiscal Agent on behalf and for the account of the District in the amounts, at the times and in the manner described in the Contingent Loan and Support Agreement shall be absolute and unconditional, and shall not be subject to any defense, including without limitation any breach by the District of the Contingent Loan and Support Agreement, diminution by setoff, counterclaim, abatement, or otherwise, and the City pledges its full faith, credit, and resources irrevocably for the payment to the Fiscal Agent, on behalf and for the account of the District, of the Bonds in accordance with the Contingent Loan and Support Agreement. The City pledges that if required by circumstances specified in the Contingent Loan and Support Agreement, the City shall include in its budget for each relevant fiscal year during the term of the Contingent Loan and Support Agreement and to appropriate an amount equal to the amount, if any, reasonably anticipated to be required to be advanced by the 4 CONTINGENT LOAN AND SUPPORT AGREEMENT-AUTHORIZATION 1 City to the Fiscal Agent on behalf and for the account of the District under the ' terms of the Contingent Loan and Support Agreement. SECTION 3. - Authorization to Act and Enter into Agreements. The Mayor Iand any other officer of the City is authorized, jointly and severally, to do any and all things and to execute and deliver any and all documents, agreements, and certificates and other instruments which they may deem necessary or advisable in order to carry out, give effect to, and comply with the terms and intent of this Ordinance (including, without limitation, a continuing disclosure undertaking in connection with the issuance of the District's Bonds for the purposes of Rule 15c2 12 of the Securities and Exchange Commission) and any other documents executed and delivered pursuant to the authority granted in this Ordinance. SECTION 4. - Acting Officers Authorized. Any actions of the City required by this Ordinance to be taken by the Mayor may be in the absence of such person be taken by the duly authorized acting Mayor. SECTION S. - Ratification of Prior Acts. All acts prior to the effective date of this Ordinance and consistent with its terms are ratified and confirmed. SECTION 6. - Effective Date. This Ordinance shall be in full force and effect from and after its passage and five days following its publication as required by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA )ACOBER, CITY CLERK 5 CONTINGENT LOAN AND SUPPORT AGREEMENT-AUTHORIZATION 1 APPROVED AS TO FORM: FOSTER PEPPER PLLC PASSED: day of December, 2007. APPROVED: day of December, 2007. PUBLISHED: day of December, 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, Washington as hereon indicated. (SEAL) BRENDA ]ACOBER, CITY CLERK t 1 1 1 1 6 ' CONTINGENT LOAN AND SUPPORT AGREEMENT-AUTHORIZATION IEXHIBIT A FORM OF CONTINGENT LOAN AND SUPPORT AGREEMENT A-1 L CONTINGENT LOAN AND SUPPORT AGREEMENT-AUTHORIZATION 1 FP DRAFT OF 11/26/2007 i i CONTINGENT LOAN AND SUPPORT AGREEMENT REGARDING FINANCING FOR KENT SPECIAL EVENTS CENTER BY AND BETWEEN THE CITY OF KENT AND THE CITY OF KENT SPECIAL EVENTS CENTER PUBLIC FACILITIES DISTRICT 1 1 t r r 5U53182 3 ! CONTINGENT LOAN AND SUPPORT AGREEMENT REGARDING FINANCING FOR KENT SPECIAL EVENTS CENTER ITHIS CONTINGENT LOAN AND SUPPORT AGREEMENT (this "Agreement") is dated as of the day of , 2007, and is made by and between THE CITY OF KENT, WASHINGTON (the "City"), and THE CITY OF KENT SPECIAL EVENTS CENTER PUBLIC FACILITIES DISTRICT (the "District"); RECITALS WHEREAS, Chapter 35.57.020 of the Revised Code of Washington ("RCW") provides that a public facilities district may acquire, construct, own, remodel, maintain, equip, repair, finance, and operate one or more regional centers, and WHEREAS, the City has previously determined that the acquisition and operation of such a regional center is in the interest of the City, and by Ordinance No 3853 passed on August 7, 2007 (the "District Formation Ordinance"), established the District pursuant to 35.57 RCW, to assist in the design, construction, ownership, operation and/or financing of a regional center as defined in RCW 35 57,020 as a convention, conference or special events center, and related parking facilities, serving a regional population (the "Special Events Center"), and WHEREAS, the Washington Interlocal Cooperation Act (RCW 39.34) authorizes a public facilities district to contract with any other public agency of the State of Washington (the "State") to perform any governmental service, activity or undertaking which each entity is authorized to perform, and WHEREAS, the City and the District previously entered into an Interlocal Agreement for Development of Special Events Center dated September 14, 2007 ("Interlocal Agreement No. 1"), pursuant to the Washington Interlocal Corporation Act in connection with the development and operation of the Special Events Center, and WHEREAS, the City began construction of the Special Events Center in July, 2007, with available funds of the City; ' WHEREAS, pursuant to state law, the District Formation Ordinance and Interlocal Agreement No 1, for the purpose of providing for part of the cost of joint development of the Special Events Center, the District is authorized to issue revenue bonds or general obligation bonds in principal amounts approved by the City consistent with RCW 35.57.030, 35.57.090 and other applicable provisions of state law; and WHEREAS, all such bonds of the District will be satisfied exclusively from the assets, revenues and credit of the District except and to the extent the City expressly agrees to make a loan to the District to provide for the payment of such obligations, and WHEREAS, under Interlocal Agreement No. 1 and Resolution No. 2007-1 of the Board of Directors of the District adopted on September 14, 2007 (the "PFD Tax Resolution'), the 508531823 1 t District imposed the sales and use taxes authorized by RCW 35.57.040(1)(d) and RCW 82.14 390 at the rate of 0 033% of the selling price in the case of a sales tax or the value of the article used in the case of a use tax (the "Sales Tax") and agreed to set aside the proceeds of such Sales Tax either to be paid to the City for the purpose of providing for part of the cost of designing, constructing, owning and operating the Special Events Center, and/or to provide part , of the debt service on District bonds or obligations issued to provide for part of such costs; and WHEREAS, the City has requested that the District issue (i) its Special Events Center Sales Tax Bonds, 2007, in an original principal amount not to exceed [S ] (the "Sales Tax Bonds") payable from the Sales Tax, and (it) its Special Events Center Revenue Bonds, 2007, Series A, and Special Events Center Revenue Bonds, 2007, Series B (Taxable), in an original aggregate principal amount not to exceed [$ ] (the "Revenue Bonds") payable from Special Events Center Revenues, to pay for a portion of the capital costs of the Special Events Center; and WHEREAS, the District intends to issue its Sales Tax Bonds and Revenue Bonds to pay for a portion of the capital costs of the Special Events Center, and WHEREAS, the District has requested that the City provide credit support to the District to permit the District to obtain financing for the capital costs of the Special Events Center at the lowest interest rates available, and WHEREAS, the City is willing to provide credit support for the District's Sales Tax Bonds and Revenue Bonds and to pay operation and maintenance expenses of the Special Events Center as provided in this Agreement, and the City Council of the City by Ordinance No has authorized the City to enter into this contingent loan and support agreement, NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties hereto covenant and agree as follows Section 1. Definitions and interpretation. 1.1 Definitions. As used or referred to in this Agreement, unless the context otherwise requires, the following terms shall have the meanings given to them in the Recitals of this Agreement: Agreement Revenue Bonds City Sales Tax District Sales Tax Bonds District Formation Ordinance Special Events Center Interlocal Agreement No. 1 State PFD Tax Resolution RCW 2 5M53192 3 ' In addition, unless the context requires otherwise, the terms defined in this section shall, for all purposes of this Agreement, have the meanings specified herein, to be equally applicable to both the singular and plural forms of any of the terms defined herein. "Bonds" means (i) the Revenue Bonds and the Sales Tax Bonds and (u) any note, bond or other obligation issued from time to time to refinance any obligations described in clause (1) or (u), so long as the latest maturity date of any obligation issued to refinance the Sales Tax Bonds is not later than the latest maturity date of the Sales Tax Bonds, the latest maturity date of any obligation issued to refinance the Revenue Bonds is not later than the date that is thirty years after the issue date of the Revenue Bonds, and the aggregate principal amount of Bonds outstanding at any time does not exceed [$62,700,000]. "Fiscal Agent" means the fiscal agent of the State, initially The Bank of New York. "Operation and Maintenance Expenses" means all reasonable expenses incurred in causing the Special Events Center to be operated and maintained in good repair, working order and condition, including without limitation management fees or other payments to third parties payable in respect of the operation of the Special Events Center, personnel costs; the cost of ordinary maintenance and repair, utilities, supplies, food and beverage service and supply costs; 1 equipment purchase and lease payments; administrative expenses; the costs of advertising, marketing and business promotion, deposits, premiums, assessments or other payments for insurance, taxes and assessments; all as determined in accordance with generally accepted accounting principles applicable to the City and its operations. The term "Operation and Maintenance Expenses" does not include any depreciation of or capital expenditure for the Special Events Center. I "Project" means the design and construction of the Special Events Center. "Sales Tax Revenue" means all the money received by the District from the Washington State Department of Revenue on account of the Sales Tax imposed by and collected for the District. "Special Events Center Revenues" means all revenue, earnings and money received by the City from or on account of the operation and/or ownership of the Special Events Center, including but not limited to license fees received by the City from Thunderbird Hockey Enterprises, LLC (the "Team"), pursuant to the License Agreement dated August 7, 2007 (the "License Agreement"), by and between the City and the Team, facility fees, concession revenues, advertising revenues, suite license revenues, club seat revenues, parking revenues and naming rights revenues 1 1.2 Interpretation Unless otherwise clear from the context of the terms, words or phrases, the following principles govern the interpretation of terms, words and phrases used in this Agreement: (a) Sections, paragraphs and clauses mentioned by number only without reference to another document are those so numbered that are contained in this ' Agreement. 509531923 (b) Captions, titles or headings preceding any article, section or subsection herein, and any table of contents or index attached hereto, are solely for convenience of reference and are not part of this Agreement and shall not affect its meaning, construction or effect. (c) Terms such as "herein," "hereunder," "hereby," "hereto" and "hereof' refer to this Agreement as a whole and not to any particular section hereof unless so indicated, "heretofore" and"hereafter" mean before and after the date of this Agreement. (d) Words importing any gender include masculine, feminine and neuter genders, where applicable (e) Words importing the singular number include the plural number, and vice versa, where applicable. Section 2. Reaffirmation of Past Commitments. Except to the extent supplemented or expressly provided in this Agreement, all obligations of the City and the District set forth in Interlocal Agreement No 1 shall remain in full force and effect. Section 3. City Contingent Loan Commitment for Bonds. 3.1 City Contingent Loan Commitment for Bonds. In the event that the District is unable to timely provide for the payment of principal of or interest on any Bonds, the City shall loan the District the amount necessary to make such timely payment The District agrees to borrow the amounts described above from the City pursuant to this Agreement and to apply those amounts immediately for the purpose of meeting its obligations under the Bonds. The District shall transfer the proceeds of each City loan directly to the Fiscal Agent to be applied to the payment of debt service on the Bonds. The City on behalf of the District may transfer those loan amounts directly to the Fiscal Agent. In the event that the District has not timely transferred to the Fiscal Agent sufficient amounts to make a debt service payment on any Bonds, or the District has informed the City that there is a reasonable possibility that the District may not be able to timely and fully provide for a debt service payment when due, the City shall transfer to the Fiscal Agent the amount of the deficiency or expected deficiency. The total amount of funds to be loaned by the City pursuant to this Section 3.1 shall not exceed the principal amount of the Bonds plus interest due and unpaid thereon The obligation of the City to advance funds to the District in the amounts, at the times and in the manner described herein shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, abatement or otherwise The full faith, credit and resources of the City are pledged irrevocably for the payment to the Fiscal Agent of the amounts described herein 3.2 District Repayment to City for Amounts Loaned pursuant to Contingent Loan Commitment. If the City lends money to the District pursuant to this Section 3, the District shall repay the principal amount or amounts loaned as revenues for that purpose become available consistent with Section 4, below, and the outstanding principal amount of any such loan shall bear interest at a rate set by the City's Finance Director on the date a loan is made, based on the then-current yield of the City's pooled investments The rate of interest shall be revised each year during the budget process based on the then-current yield of the City's ' 4 5M531823 pooled investments, and effective on the same date that the City's interfund loan interest rate is adjusted for all City mterfund loans ' 3.3 District Disclosure Documents The District may, in disclosure documents related to the Bonds, describe this Agreement and the City's contingent commitment under Section 3.1, above However, those disclosure documents shall contain a statement to the effect that the Bonds are payable solely from the specified sources and other money of the issuer legally available therefor, and from the transfer of the funds by the City to the Fiscal Agent, but 1 that the Bonds are not obligations of the City. Section 4. Priority of Payments from Sales Tax Revenue, Special Events Center Revenues ("Flow of Funds"). 4.1 Sales Tax Revenue. The District shall transfer or cause to be transferred to the Finance Director of the City, as ex officio Treasurer of the District, all Sales Tax Revenue for deposit in the Public Facilities District Sales Tax Revenue Fund Sales Tax Revenue shall be allocated and applied to the following purposes in the priority set forth below, and the following "flow of funds" for the Sales Tax Revenue shall supplement and supersede the provisions of Section C.1 of Interlocal Agreement No. 1 to the extent of any inconsistency ' First, to make the required deposits to the Sales Tax Bond Debt Service Fund for the payment of interest due on the Sales Tax Bonds, Second, to make the required deposits to the Sales Tax Bond Debt Service Fund for the payment of principal of the Sales Tax Bonds due at maturity or upon mandatory sinking fund redemption prior to scheduled maturity, Third, to repay principal of and interest on any loans made by the City to the District under Section 3 2 in respect of payments of principal of or interest on the Sales Tax Bonds, Fourth, if and only to the extent the Special Events Center Revenues available 1 from the flow of funds under Section 4.2 are not sufficient to pay such expenses, payment of Operation and Maintenance Expenses; and Fifth, to provide for costs of and reserves for long term capital repairs of and replacements to the Special Events Center, and for other lawful District purposes, including, at the option of the City, payment of principal of and interest and any redemption premium on the Revenue Bonds, in no particular order of preference and all as determined by the City in consultation with the District The reservation of the optional right to apply Sales Tax Revenue to the payment of debt service on the Revenue Bonds shall not be deemed a pledge by the District or the City to apply those tax revenues in that manner. 4.2 Special Events Center Revenues. The City for itself and on behalf of the District shall collect and deposit all Special Events Center Revenues and interest earnings thereon in the Public Facilities District Special Events Center Revenue Fund. Special Events 508531823 S Center Revenues shall be allocated and applied to the following purposes to the priority set forth , below, and the following "flow of funds" for those Special Events Center Revenues shall supplement and supersede the provisions of Section C 3 of Interlocal Agreement No 1 to the extent of any inconsistency: First, to make the required deposits to the Revenue Bond Debt Service Fund for the payment of interest due on the Revenue Bonds; Second, to make the required deposits into the Revenue Bond Debt Service Fund for the payment of principal of the Revenue Bonds at maturity or upon mandatory sinking fund redemption prior to scheduled maturity, Third, to repay principal of and interest on any loans made by the City to the District under Section 3.2 in respect payments of principal of or interest on the Revenue Bonds; Fourth, to pay Operation and Maintenance Expenses; and Fifth, to provide for costs of and reserves for long term capital repairs of and replacements to the Special Events Center, and for other lawful District purposes, including, at the option of the City, payment of principal of and interest and any redemption premium on the Sales Tax Bonds, in no particular order of preference and all as determined by the City in consultation with the District. Any amounts received by the City or the District as governmental grants or private contributions for the Special Events Center shall be deposited in a special capital account in the Public Facilities District Special Events Center Revenue Fund and be used for the construction, renewal and replacement of facilities comprising the Special Events Center, unless another use is required by the terms of any such governmental grant or private contribution. Section 5. City Responsible for Operation and Maintenance of Special Events Center. 5.1 Operation and Maintenance of Special Events Center The City for itself and on behalf of the District shall take all actions necessary to: (i) operate or cause the Special Events Center to be operated in a manner consistent with commercially reasonable, industry practices and standards for facilities similar to the Special Events Center and in accordance with the License Agreement, (n) maintain or cause the Special Events Center to be maintained in compliance with all applicable legal requirements and promptly remedy (or contest in good faith) any violations thereof, and (in) maintain or cause the Special Events Center to be maintained in lawful order and in good operating condition and repair, reasonable wear and tear excepted, and not commit or suffer any unreasonable waste with respect thereto. 5.2 Payment of Operation and Maintenance Expenses. The City shall pay or cause to be paid all Operation and Maintenance Expenses from the following sources of funds and to the following order. (1) Special Events Center Revenues to the extent available from the 6 508531823 ' flow of funds under Section 4.2; (2) Sales Tax Revenue to the extent available from the flow of funds under Section 4.1, and (3) any other City money legally available therefor. 5.3 District Not Responsible for Operation and Maintenance of the Special Events Center It is understood that the District shall have no responsibility for the operation or maintenance of the Special Events Center or for the acts of the City, its employees, agent, users of the Special Events Center or its or their officers, directors, managers, members or shareholders, or any party acting by, through or on behalf of any such parties Except to the extent provided by Section 4 1(c), the District shall not be responsible for payment of Operation and Maintenance Expenses and no District funds shall be applied to payment of Operation and Maintenance Expenses. 5.4 Fees, Rates and Charges for Use of Special Events Center From and after the completion of the Special Events Center, subject to the terms of the License Agreement, the City for itself and on behalf of the District shall cause fees, rates and charges to be fixed, maintained and collected for the use of the services and facilities and all commodities sold, furnished or supplied by or through the Special Events Center, which fees, rates and charges shall be adjusted from time to time as necessary, so that such fees, rates and charges will be at optimal levels to produce total Special Events Center Revenues that will at all times be at least sufficient for the District to make any payments required to be made on account of its Revenue Bonds as and when the same shall become due and payable. 5.5 District Administrative Expenses. The City shall pay or reimburse the District for its administrative expenses and other costs reasonably incurred in connection with the financing of the Special Events Center, including compliance by the District with continuing disclosure requirements and post-issuance compliance with federal tax requirements in respect of the Bonds, as well as in connection with the District's collection of Sales Taxes and maintenance of the District in good standing as a public facilities district under chapter 35.57 RCW or any successor law. 5.6 Sale, Transfer or Disposition of the Special Events Center. Neither the City nor the District will sell, transfer or otherwise dispose of(each such sale, transfer or other disposition a `transfer") any interest in the real or personal properties, facilities or other part of the Special Events Center unless the conditions of paragraph (1) are satisfied and the transfer is consistent with one or more of the subparagraphs of paragraph (2), as follows. (1) The transfer (other than a transfer to the District) (A) is carried out in a bona fide, I arm's-length transaction, and (B) the consideration received for the transfer is equal to the fair market value of the portion of the Special Events Center transferred, for which purpose "fair market value" means the most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the willing buyer and willing seller each acting prudently and knowledgeably, and (2) The transfer is consistent with one or more of the following: (A) the facilities or property to be transferred are not material to the operation of the Special Events Center, or shall have become unserviceable, inadequate, r 309531823 obsolete or unfit to be used in the operation of the Special Events Center or are no longer , necessary, material or useful to the operation of the Special Events Center, or (B) the Special Events Center Revenues received from the operation of those facilities or property to be transferred during the twelve full calendar months before , the transfer was less than 10% of total Special Events Center Revenues received during that same period; or (C) the District and the City receive a report from an independent, ' professional consultant or consulting firm having at least five years of experience in evaluating the financial operations and performance of governmentally-owned, revenue- producing enterprises to the effect that, in his, her, or its professional opinion, upon the transfer of the portion of the Special Events Center to be transferred and the use of proceeds of the transfer as proposed by the City, the Special Events Center will retain its operational integrity and the District will be in compliance with the "coverage" requirement applicable to its Revenue Bonds during the five fiscal years following the fiscal year in which the transfer is to occur. The proceeds of any transfer shall be used (i) to promptly redeem, or irrevocably set aside for the redemption of, the District's outstanding Revenue Bonds, and/or (ii) to provide for all or part of the cost of capital improvements and/or additions to or expansions of the Special Events Center and/or for other regional center or tourism-related facilities authorized under chapters 35 57 and 67.28 RCW Section 6. District Covenants. 6.1 Reporting Requirements. The District shall provide the City (at the notice address set forth in Section 9.4) with a quarterly report summarizing actual financial activity and financial expectations for the following four quarters. 6.2 Restriction on Issuance of Additional Parity Bonds. The District shall not issue the Bonds in aggregate principal amounts in excess of $ payable from , Sales Tax Revenue, or in excess of $ payable from Special Events Center Revenues, except as otherwise approved by the City's Finance Director The amount, terms and conditions of the Bonds must be as approved by the City's Finance Director. So long as the City is not in default of its obligations under this Agreement, the District shall not(1) issue any bonds or other obligations payable from the sales and use tax authorized by RCW 82.14 390, other than the Sales Tax Bonds, without the City's prior written approval; or (2) borrow money or incur any obligations, without the City's prior written approval. Section 7. Defaults. ' 7.1 Remedies of City on District Default. Upon the occurrence of a default by the District in its obligations hereunder (a "District Default"), the City may proceed to protect and enforce its rights in equity or at law, either in mandamus or for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy, as the City may deem most effectual to protect and 8 509331823 enforce any of its rights or interests hereunder. In the event of a District Default, the City may, without limiting any of its other remedies hereunder, require the District to redeem or defease the ' Bonds 7.2 Remedies of District Upon City Default Upon the occurrence of a default by the City in its obligations to make loans to the District hereunder (a "City Default"), the District may proceed to protect and enforce its rights in equity or at law, either in mandamus or for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy, as the District may deem most effectual to protect and enforce any of its rights or interests hereunder. 7.3 No Remedy Exclusive. No remedy conferred upon or reserved to either party by this Agreement is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other Iremedy given under this Agreement or now or hereafter existing at law or in equity or by statute, and either party hereto shall be free to pursue, at the same time, each and every remedy, at law or in equity, which it may have under this Agreement, or otherwise. 7.4 No Implied Waiver. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient For the exercise of any remedy, it shall not be necessary to give any notice, other than such notice as may be expressly required herein. Section 8. Compliance with Continuing Disclosure Requirements. To meet the conditions of paragraph (d)(2) of United States Securities and Exchange Commission ("SEC") Rule 15c2-12 (the "Rule"), as applicable to a participating underwriter for the Bonds, the City undertakes for the benefit of holders of the Bonds to provide to each NRMSIR and the SID (as those terms are defined in the Rule), the following annual financial information (1) annual financial statements for the City prepared (except as noted in the financial statements) in accordance with generally accepted accounting principles applicable to governmental units, as such principles may be changed from time to time, which statements need not be audited, except, however, that if and when audited financial statements are otherwise prepared and available to the City they will be provided, (u) statements of authorized, issued and outstanding general 1 obligation debt of the City-, (in) statements of assessed valuation of property within the City subject to ad valorem taxation for the fiscal year, and (iv) the ad valorem regular property tax levy rate and regular property tax levy rate limit for the fiscal year. Such annual financial information shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), I as such fiscal year may be changed as required or permitted by State law, commencing with the City's fiscal year ending [December 31, 2007] It may be provided in a single or multiple documents, and may be incorporated by reference to other documents that have been filed with each NRMSIR and the SID, or, if the document incorporated by reference is a "final official statement" with respect to obligations of the City, that has been filed with the MSRB. 508531823 The City's obligations under this undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City's obligations under this undertaking shall terminate if those provisions of the Rule which require the City to comply with this undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of nationally recognized bond counsel or other counsel familiar with federal securities laws delivered to the City and the District, and the District provides timely notice of such termination to each NRMSIR or the MSRB and the SID To the extent authorized by the SEC, the City may satisfy this undertaking by transmitting the required filings using http://hvww disclosureusa org (or such other centralized dissemination agent as may be approved by the SEC) Section 9. Miscellaneous. 9.1 Termination. This Agreement shall terminate only upon the repayment or defeasance of all of the Bonds and the repayment of any obligations owed by the District to the City under this Agreement, [or to a credit enhancement provider] 9.2 Governing Law; Venue This Agreement is governed by and shall be construed in accordance with the laws of the State and shall be liberally construed to carry out the purposes hereof. Except as otherwise required by applicable law, any legal action under this Agreement shall be brought in the Superior Court of the State of Washington in and for King , County. 9.3 Joint Exercise of Powers; Administrator. The City's and the District's actions and obligations under this Agreement are declared to be a joint exercise of powers, privileges and authority under RCW 39.34 030 and RCW 67.28 120. The Board of Directors of the District and the Kent City Council shall each designate a person to jointly administer this Agreement There shall be no joint board with respect to this Agreement 9.4 Notices. Except as otherwise provided herein, all notices, consents or other communications required hereunder shall be in writing, delivered as follows: To the City: Mayor ' City of Kent 220 Fourth Avenue South Kent, WA 98032 ' With a copy to: Finance Director , City of Kent ' 220 Fourth Avenue South Kent, WA 98032 10 509531923 ' To the District: Chair, Board of Directors The City of Kent Special Events Center Public Facilities District [220 Fourth Avenue South] [Kent, WA 98032] With a copy to: Finance Director 1 City of Kent Ex Officio Treasurer of the District 220 Fourth Avenue South Kent, WA 98032 9.5 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the City and the District and their successors. 9.6 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 9.7 Amendments. This Agreement may not be effectively amended, changed, modified, altered or terminated except by an instrument in writing duly executed by the City and the District(or their successors in title) 9.8 No Rights Created in Third Parties. The terms of this Agreement are not intended to establish or to create any rights in any persons or entities other than the City and the District and the respective successors and assigns of each. 9.9 Execution in Counterparts. This document may be executed in counterparts, and all such counterparts so executed constitute one agreement binding on all the parties notwithstanding that all the parties are not signatories to the same counterpart. 9.10 Effective Date. This Agreement shall be come effective upon its full execution. ! ! ! 508531823 11 ORAL AGREEMENTS OR ORAL COMMITMENTS TO LEND MONEY, 1 EXTEND CREDIT, OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. IN WITNESS WHEREOF, the City and the District have caused this Agreement to be , executed by their duly authorized officers. CITY OF KENT THE CITY OF KENT SPECIAL EVENTS 1 CENTER PUBLIC FACILITIES DISTRICT By By Mayor Chair ATTEST: ATTEST- Finance Director Treasurer 1 Approved as to Form. Approved as to Form: ' 1 i 1 1 1 1 1 S-I i508531823 r Kent City Council Meeting Date December 11, 2007 Category Other Business 1. SUBJECT: WATER AND DRAINAGE RATES AND FEES 2. SUMMARY STATEMENT: At its November 20, 2007, meeting, the Operations Committee considered a number of proposed amendments to existing fees established in the Kent City Code. After discussing the matter, the Operations Committee made recommendations and requested staff prepare a draft ordinance. The draft ordinance was presented to, and passed by, the Operations Committee at its December 4, 2007, meeting. 1 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? _ Revenue? $1,113,000 Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund Amount $ r6. CITY COUNCIL AC/�T�ION:y� Councilmember U moves, Councilmember seconds to adopt Ordinance No which amends various fees and rates established ' by the Kent City Code concerning water and drainage rates and fees, which fee amendments shall be assessed and collected beginning with the 2008 fiscal year budget. DISCUSSION: CYA r ACTION: '3 IN) kl/ Council Agenda Item No 7C r � ` ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, which relates to the 2008 fiscal year budget and amends various fees and rates established by the Kent City Code concerning water and drainage rates and fees, which fee amendments shall be assessed and collected beginning in the 2008 fiscal year budget. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ' ORDINANCE SECTION 1. - Utblrty Service B111ing. Chapter 7.01 of the Kent City Code, ' entitled "Utility Service Billing," is amended as follows: CHAPTER 7.01 UTILITY SERVICE BILLING Sec. 7.01.010. Administration of utility billing. The finance manager shall be responsible for billing for utility services and the administration and enforcement of utility accounts. Sec. 7.01.020. Utility service applications. All applications for utility ' service on established accounts shall be made to the customer services f+nanee division of the finance epeFations department. The written application shall be ' made by the owner or authorized agent of the property where service is requested. For new utility service, the application shall be made to the ' dement of public works department for approval and then to the ' 1 Water and Drainage Rates and Fees €inaneecustomer services division of the finance department to be processed in the ' normal manner. Whenever an application for utility service is made by an agent, ' the agent shall submit written authority from the owner authorizing such agent to receive the utility service requested. An acknowledgment that the owner is legally liable for all service shall be included in this written authority. , Sec. 7.01.030. Utility accounts. All accounts for utility service shall be ' kept in the name of the owner. The owner may request, upon approval by the finance director, br •.:rate;. stipHlatien d reet that the account shall be billed to a renter, tenant, or lessee. No change of ownership or occupancy shall affect the application of this chapter. , Sec. 7.01.040. Payments received. All money for the payment of ' utility bills shall be received by the finance manager or authorized agent. Sec. 7.01.050. Utility bills — Due date — Collection. A. All utility bills are due and payable in the office of the finance manager within fifteen (15) days after the billing date appearing on the bill Bills not paid , within twenty-one (21) days of the billing date shall be considered delinquent. If the twenty-first day falls on a legal holiday, Saturday, or Sunday, the first business day thereafter shall be considered the twenty-first day. When an account is delinquent in payment, the city will provide written notice of said delinquency to the occupant by mail, door hanger, or other form, and a delinquent notice fee in the amount of ten dollars ($10) will be assessed against the account. ' This delinquent notice fee shall be in addition to the service charges assessed in accordance with KCC 3.10.020. The notice shall advise the occupant of shutoff of utility service and the assessment of late payment or related fees added to the ' sueh delinquent utility account. A schedule of these sueh fees is on file with the customer services division of the finance department , B. When a charge for water service is delinquent, the service shall be subject , to shutoff upon notice to the customer. Regulations governing issuance of notice, consistent with this chapter, shall be promulgated by the finance manager. The ' 2 Water and Drainage ' Rates and Fees ' service shall not be restored until full payment of the delinquent account is received, together with a water turn-off/turn on charge of whieh s en F.L n the ety eleFIE'S e = At the time service is turned off for delinquency, a turn off charge of thirty dollars ($30) shall be assessed against the account Once all oast ' due charges and fees are paid, and the account is current, the City will turn service back on. If more than one service turn off occurs in any twelve (12) ' month period due to delinquency, a charge in the amount of forty-five dollars ($45) shall be assessed against the account for each additional service turn off. C. Whenever a--water service is in the name of a renter, tenant, or lessee, and is subject to turnoff for delinquency, the customer services division of the finance department d+v+sietrwill attempt to provide send a duplicate delinquent notice e€ ' delinquency-to the owner of record shown on the application for service. Although a duplicate delinquent notice may be sent in accordance with this subsection, the ten dollar ($10) delinquent notice charge will not be assessed against the account ' a second time. D. Delinquent bills. 1. System of sewerage, Pursuant to RCW 35.67.331 and KCC 7.06.010, the combined sanitary sewage collection and disposal system (sewage) and the storm and surface water utility (drainage), are all combined as the system of sewerage. In addition to the provisions of subsection (A) of this section, $delinquent and unpaid rates and charges for sewage and drainage service shall be subject to Chapter 35.67 RCW, and shall be deemed delinquent and unpaid rates and charges for sewer service subject to subsection (2) below. 2. Delinquent sewer service rates and charges; interest; water service cut off. a. When a charge for sewerage service is delinquent, the city shall have a lien for delinquent and unpaid charges, plus penalties, which lien shall be effected in accordance with RCW 35.67.210. Liens for sewerage service shall ' be effective for a period not to exceed six (6) months of delinquent charges without the necessity of any writing or recording In order to make such a lien ' effective for more than six (6) months, the finance manager shall file for recording 3 Water and Drainage Rates and Fees 42 in the office of the King County auditor a notice setting forth the amount of the , delinquency, the name of the owner or reputed owner who owes the bill and the ' description of the lot, tract or parcel to which such lien shall attach. For each lien recorded or released, the city shall assess against the sewerage account a fee in the amount of fifteen dollars ($15) in pavment of the city's costs incurred in preparing and recording each lien or lien release. This fee is in addition to the actual fees charged to the City by King County to record or release a lien. which , fees will also be assessed against the account. This lien may be foreclosed in action in superior court pursuant to RCW 35.67.220 et seq. b. Interest shall be added to any delinquent and unpaid charge for sewer service in the maximum amount allowed by RCW 35.67.200. , Sec. 7.01.060. Utility Bills — Alternate collection procedure. As an ' additional method of collecting the delinquent charges and concurrent method of enforcing the lien authorized by RCW 35.67.200 et seq. and KCC 7.01.050, the city may cut off water service from the premises to which such sewerage service ' was furnished after the charges become delinquent and unpaid, until the charges and delinquent account are paid. The right to enforce the lien by cutting off and refusing water service shall not be exercised after two (2) years from the date of the recording of sewerage lien notice except to enforce payment of six (6) months of charges for which no lien notice is required to be recorded. Sec. 7.01.070. Additional remedy. The remedies set forth in KCC 7.01.050 and 7.01.060 are not meant to be exclusive and that the city may use any alternate method of collecting delinquent charges that is available under ' common law or the laws of the state. Sec. 7.01.080. Lifeline utility rate. The lifeline utility rate is available only to utility customers qualifying under the following criteria: A. The utility account shall be in the name of the individual owner or renter , certifying eligibility for the lifeline utility rate. 4 Water and Drainage , Rates and Fees ' B. That individual shall be or exceed sixty-two (62) years of age at the time of ' filing or be permanently and totally disabled. C. For a household of one (1) or more individuals, the adjusted gross personal income for all individuals living in the household, as determined by Internal Revenue Service individual tax forms filed for the previous year, shall not exceed ' the income limits set annually by the federal Department of Housing and Urban Development ("HUD") concerning eligibility for HUD assisted housing programs. D. Only one (1) service charge reduction per utility will be given for each ' applicant and for each property served. ' E. The service under which the lifeline utility rate is assessed shall be for single-family residential purposes only. ' F. Individuals must apply for the lifeline utility rate through the customer services division of the city's finance department located at the Centennial Center, 400 West Gowe St., Kent, Washington. The application must be notarized and may be required to be submitted annually. ' G. Determination of eligibility shall be made by the city's finance director, or his or her designee, based upon the information given in the eligible customer's application. ' H. Upon approval of the application, the household will receive the reduced utility rate for water, sewer, solid waste, and storm utilities beginning the first day ' of the month following the date of the application. ' SECTION 2. - Cross Connections. Chapter 7.02 of the Kent City Code is amended to revise the code provisions relating to cross-connections made to the ' city's water system, specifically amending sections 7.02.050 through 7.02.100, and adopting a new section 7.02.105 as follows: 1 5 Water and Drainage Rates and Fees Sec. 7.02.050. Cross-connection restrictions - Purpose. It is the purpose of KCC 7.02.050 through 7.02.1053-G8 to protect the health of consumers ' receiving water from the city by protecting the public water system of the city from actual or potential contamination. Sec. 7.02.060. Cross-connection restrictions - Definitions. The following are established as definitions for purposes of KCC 7.02.050 through , 7.02 1054$9: Cross-connection shall mean any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply ' system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewer, or other waste , or liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water supply system of this ciydisF+et-as a result of backflow. ' Backf/ow shall mean the flow, other than the intended direction of Flow, of any foreign liquids, gases or substances into the city public water supply or , distribution system. Backf/ow prevention device shall mean a device to counteract back , pressure or to prevent back siphonage. Director shall mean the director of public works of the department of public , works. All definitions contained in ch. 246-290 WAC 2^z�30 and in the city's ' cross-connection control program, as now or hereafter amended, shall by this reference be considered definitions within this section. Sec. 7.02.070. Cross-connection restrictions - Service connection. A. No water service connection from the city water system to any premises shall be installed or maintained unless the city water supply is protected by backflow prevention devices as required by the director or his/her designee,-ai-A ' the rules and regulations of the state board of health,,-and the county department of health, this code, and the citv's cross-connection control program. The 6 Water and Drainage ' Rates and Fees installation or maintenance of a cross-connection which will endanger the water quality of the city water supply is prohibited. Any such cross-connection is hereby declared a nuisance and shall be abated. The control and/or elimination of cross- connections within the city systems shall be in accordance with WAC 246-290- ' 490, the rules and regulations of the state and county, 54-850 and the citv's cross-connection control program, as amended. B. Service to any property, landowner, or water user receiving its water supply from the city water supply system shall be contingent upon compliance with all requirements of the rules and regulations of the state and county boards of health, the city, and of-this code pertaining to cross-connections. Service shall be discontinued to an remises water user, or property owner for failure to Y premises, � p P Y comply with such regulations of the state board of health, the city, and ef--this code pertaining to cross-connections, and any discontinued service will not be re- established until the ElepaFtment ef public works department has approved ' compliance with such requirement of the rules and regulations of the state board of health, the city, and ef-this code pertaining to cross-connections. Sec. 7.02.080. Cross-connection restrictions - Administration. The ' depa4ment of public works department shall be responsible for administering KCC 7.02.050 through 7 02.1050, including the development of the necessary procedures and practices to accomplish same, consistent with the standards in ' this code and Chapter 248 54246-290 WAC. ' Sec. 7.02.090. Cross-connection restrictions - Inspection - Right of entry. The director and other duly authorized employees of the depaFtffient 0 ' public works department bearing proper credentials and identification shall be permitted to enter upon all properties receiving water service from the city water supply system for the purposes of inspection, observation, and testing in accordance with the provisions of this code and the city's cross-connection control ' program. ' 7 Water and Drainage Rates and Fees Sec. 7.02.100. Cross connection restrictions - Administrative code adopted. The provisions of WAC 246-290-490248 54 820 thFe gh 248 54 as now or hereafter amended,_ relating to cross-connection control and elimination and the use of backflow prevention devices when such are considered to be advisable aFe Hpen the fillizig of are hereby adopted and made a part hereof. All ' provisions of the Washington Administrative Code may be executed and applied by the department of public works department in determining when cross- connections are prohibited and when backflow prevention devices shall be required under the city's cross-connection control program. A copy of such provisions +mare on file in the city clerk's office or with the public works department. Sec. 7.02.105. Cross-connection—Annual inspection of system with , backflow prevention device. The city's cross-connection control program provides that any cross-connection utilizing a backflow prevention device is to be inspected by the city annually. The annual administrative and inspection fee , assessed, per backflow prevention device, is eighty dollars ($80). This fee is based on the actual cost incurred by the city to conduct those inspections in order , to protect the city's public water supply from possible contamination. The inspection fee shall be collected at the time of the annual testing of said backflow ' prevention device(s) as described in city's cross connection program document on file in the city clerk's office or with the public works department ' SECTION 3. - Water Turn On and Turn Off Fees. Sections 7.02.250 through 7.02.280 are amended in order to increase the fees charged for the city's ' turn on or turn off of water service as follows: Sec. 7.02.250. Water turned on by owner or tenant prohibited. If the water is turned on to the premises by anyone other than an employee of the water utility or the finance department after it has been turned off at the city stop cock, it will be turned off again at the city stop cock and locked, and will not ' be turned on again until the charges as prescribed in this chapter have been paid. SeehThese charges are based on will eensist of he actual cost per hour, including 8 Water and Drainage ' Rates and Fees overhead, of sending water utility employees to return service to the account, i plus a turn on charge of fifteeethirty dollars ($4-5$30). In no case will the charge be less than fifteenthirty dollars ($4-5 30). Sec. 7.02.260. Vacant premises — Water supply. If it is decided to discontinue the use of water supply to vacant premises for a period of net than thirty (30) days or more, notice in writing must be given to the finance department. The water will be turned off and will be turned on again upon written iapplication at a charge of fifteer3thrity dollars ($+5 30) for such turn on. No remission of charges will be made for a lesser period than thirty (30) days or iwithout receipt of notice by the finance department. Sec. 7.02.270. Size of water main. No water main shall be installed unless it is at least six (6) inches in diameter and is the size indicated in the comprehensive water plan. ' Sec. 7.02.280. Turning-off and--turning on charges. iA. For the purpose of paying the expense to the water utility or finance department, a charge as set forth in this chapter is hereby fixed and made to turn off or turn on the water service to any building for the making within the building of any inspection, repair, maintenance, enlargement, replacement, i addition, or change in or to the water line or lines, or plumbing, or plumbing fixtures, or for the purpose of connectinngtea any kind of machine, appliance, toilet, or bath facilities, or any kind of plumbing in or to the water system located iwithin the building when the building does not have stop and waste cock as required in KCC 7.02.210. i B. The charge shall be twenty fvv�eforty-five dollars ($25 45) if the turn off or iturn on is done within a period of forty-eight (48) hours of the initial customer request, which charge shall be paid to the finance departmentdter before any water service is turned off or turned on for any of the purposes set forth in this section. i 9 Water and Drainage Rates and Fees C. If the turn off and turn on is not done within a period of forty-eight (48) hours from the time of the initial consumer request, the charge is fi€teef�thirtv dollars ($4-5 30) to turn off the water service and €r€tee*thirty dollars ($4-5 30) to turn on the service. The charge shall be paid to the finance departmentd+reetef before any water service is turned off or turned on for any of , the purposes set forth in this section. D. If more than one turn off and turn on request occurs in any twelve (12) month period, a charge in the amount of forty-five dollars ($45) shall be assessed against the account for each additional service turn off SECTION 4. - Water Rates for Service Within the City - Monthly Demand Charge. That portion of Kent City Code section 7.02.300, entitled "Water rates within the city," which pertains to the monthly demand charge assessed to customers inside the city limits is amended as follows: Sec. 7.02.300. Water rates within the city. ' A. Water rates. The following staggered rates apply during the time periods ' listed below. Within each time period, the lower rate applies per one hundred (100) cubic feet of water used for up to or equal to seven hundred (700) cubic feet, and the higher rate applies per one hundred (100) cubic feet of water used in excess of seven hundred (700) cubic feet: Effective Date October 1 - April 30 May 1 - September 30 < 700 ft3 > 700 ft3 < 700 ft3 > 700 ft3 ' 12/31/1999 $1.24 $1.69 $1.64 $2.09 01/01/2003 $1.30 $1.77 $1.72 $2.19 i 01/01/2004 $1.37 $1.86 $1.81 $2.30 01/01/2005 $1.44 $1.95 $1.90 $2.42 All rates are also subject to a monthly demand charge for service and meter, which is as follows: i 10 Water and Drainage Rates and Fees Meter urge-Threugh Charge Effective Charge Effective ' size r- 34, January 1, 2007 January 1, 2008 (inches) 288E 5/8 x 3/4 $2.29 $3.76 $5.26 1 $2 45 $4.19 $8.94 1 1/2 $3.39 $5.64 1$ 3.64 2 - 9 $6.84 1�— 09 .. .,,„ ... 3 $�35 $23.85 3$ 8.35 4 $16.89 $28.72 ��.,.,.._,. 46.47 6 $48.03 $69.03 8 $37-.59 $64.25 $88.50 10 $49.46 $84.53 113.03 B. Lifeline customers. The city council will establish eligibility criteria for lifeline customers. For lifeline-qualified water service customers, the following rates apply for water use per one hundred (100) cubic feet: Effective Date January 1 - December 31 12/31/1999 $0.45 01/01/2003 $0.47 01/01/2004 $0.49 01/01/2005 $0.51 All lifeline rates are also subject to the monthly demand charge for service and meter as set forth in subsection (A) of this section. C. Rate adjustment. 1. Subject to the right of access and inspection by a representative of the city, water service customers of the city may apply for a one-time rate adjustment for any single billing period under the following circumstances: 11 Water and Drainage Rates and Fees a. An accidental water leak has been discovered on the subject property; or b. A water line failure has occurred on the subject property; or C. An unexplained, abnormal water meter reading has occurred on the subject property even though subsequent city inspection of the water meter indicates that the meter is functioning properly. This rate adjustment shall not exceed fifty (50) percent of the difference between the total amount of the billing period sought for adjustment minus the customer's average water usage. For the purposes of this subsection, the "average water usage" shall be computed by determining the total volume of water consumed, under normal use conditions, during the preceding twelve (12) months and dividing that total volume by the number of times the city would typically read the customer's water meter in a twelve (12) month period. 2. This rate adjustment is permitted on a one-time basis only and can only be applied to one (1) billing period. To be eligible for this rate adjustment, the affected water system must be owned by or subject to the exclusive control of the customer and be located between the city's water meter and owner's residence or structure. The bill sought for adjustment must exceed two (2) times the customer's highest usage in any single billing period during the twelve (12) months prior to the billing period sought for adjustment. 3. Following a request for rate adjustment provided under this subsection, the city's finance director, or his/her designee, shall review the request and determine whether or not to adjust the customer's monthly billing. In order to make a proper determination, city staff shall be entitled to access, inspect and approve the customer's water system repair prior to granting a rate adjustment. 4. If approved, the city shall make this rate adjustment by issuing a credit to the customer's account after verification of leakage or water system failure, inspection of water meter and water system, where applicable, and 12 Water and Drainage Rates and Fees verification of corrective repairs. All repairs shall occur within thirty (30) days of application to the city. 5. The owner may request reconsideration of the decision of the finance director, or his/her designee, by the city council through the city council's operation committee. SECTION S. - Water Rates for Service Outside the City. That portion of Kent City Code section 7.02.310, entitled "Water rates outside city," which pertains to the monthly demand charge assessed to customers outside the city limits is amended as follows: Sec. 7.02.310. Water rates outside city. A. Water rates. The following staggered rates apply during the time periods listed below. Within each time period, the lower rate applies per one hundred (100) cubic feet of water used for up to or equal to seven hundred (700) cubic feet, and the higher rate applies per one hundred (100) cubic feet of water used in excess of seven hundred (700) cubic feet: i Effective Date October 1 - April 30 May 1 - September 30 < 700 ft3 > 700 ft3 < 700 ft3 > 700 ft3_ 12/31/1999 $1.64 $2.09 $2.00 $2.46 01/01/2003 $1.72 $2.19 $2.10 $2.58 � .... 01/01/2004 $1.81 $2.30 $2.21 $2.71 01/01/2005 $1.90 $2.42 $2.32 m $2.85 All rates are subject to a Ymonthly demand charge for service and meter which is as follows: 13 Water and Drainage Rates and Fees Meter Charge Threugh Charge Effective Charge Effective size Deeember-31, January 1, 2007 January 1, 2008 (Inches) �98F 5/8 x 3/4 $2.28 $3.76 $5.26 1 $2.45 $4.19 $8.94 1 1/2 $3.30 $5.64 13 64 2„ $4 69 $6.84 $18.09 k,.,, 3 ''� $23.85 $38.35 4 $16.80 $28.72 $46.47 6 °'� $48.03 $69.03 8 $37 59 $64.25 $88.50 10 ° $84 53 $113.03 B. Lifeline customers. The city council will establish eligibility criteria for lifeline customers. For lifeline-qualified water service customers, the following rates apply for water use per one hundred (100) cubic feet: i Effective Date January 1 - December 31 12/31/1999 $0.48 01/01/2003 $0.50 01/01/2004 $0.53 01/01/2005 $0.56 All lifeline rates are also subject to the monthly demand charge for service and meter as set forth in subsection (A) of this section. C. Rate adjustment. 1. Subject to the right of access and inspection by a representative of the city, water service customers of the city may apply for a one-time rate adjustment for any single billing period under the following circumstances: 14 Water and Drainage Rates and Fees property; or a. An accidental water leak has been discovered on the subject b. A water line failure has occurred on the subject property; or C. An unexplained, abnormal water meter reading has occurred on the subject property even though subsequent city inspection of the water meter indicates that the meter is functioning properly. This rate adjustment shall not exceed fifty (50) percent of the difference between the total amount of the billing period sought for adjustment minus the customer's average water usage. For the purposes of this subsection, the "average water usage" shall be computed by determining the total volume of water consumed, under normal use conditions, during the preceding twelve (12) months and dividing that total volume by the number of times the city would typically read the customer's water meter in a twelve (12) month period. 2. This rate adjustment is permitted on a one-time basis only and can only be applied to one (1) billing period. To be eligible for this rate adjustment, the affected water system must be owned by or subject to the exclusive control of the customer and be located between the city's water meter and owner's residence or structure. The bill sought for adjustment must exceed two (2) times the customer's highest usage in any single billing period during the twelve (12) . months prior to the billing period sought for adjustment. 3. Following a request for rate adjustment provided under this subsection, the city's finance director, or his/her designee, shall review the request and determine whether or not to adjust the customer's monthly billing. In order to make a proper determination, city staff shall be entitled to access, inspect and approve the customer's water system repair prior to granting a rate adjustment. 4. If approved, the city shall make this rate adjustment by issuing a credit to the customer's account after verification of leakage or water system 15 Water and Drainage Rates and Fees failure, inspection of water meter and water system, where applicable, and verification of corrective repairs. All repairs shall occur within thirty (30) days of application to the city. S. The owner may request reconsideration of the decision of the finance director, or his/her designee, by the city council through the city council's operation committee. SECTION 6. - Storm and Surface Water Utility Charges. Section 7.05.090 of the Kent City Code relating to the city's storm and surface water utility and entitled "System of charges," is amended as follows: Sec. 7.05.090. System of charges. A. There is hereby imposed a system of charges on each parcel of real property within the city served by or to which is available for service the storm and surface water utility established by this chapter. The charges are found to be reasonable and necessary to fund administration, planning, design, construction, operation, maintenance, repair, improvement, and replacement of all existing and future storm and surface water facilities, including the accumulation of reserves and the retirement of any associated debt. B. The following charges are hereby established for all parcels of real property in the city: j f single F-..., 1.. 1. Residential parcels. EnGF eet+ve o1- eee;ber �i, 1999, the residential ate shall be twe della Fs and feFt.._seven ntn ($2 47) peF Fn nth F . rM each .,I having ( ) Fes de Rt.nl dwelling plus the_bas n_ nn F..- .eh-.rge a "' c�i�c�rmrq�. v subseetlen (B)(5) of this seet+en. Effective January 1, 2007, the single-family residential rate shall be two dollars and fifty-seven cents ($2.57) per month for each parcel having one (1) residential dwelling plus the basin-specific charge of subsection (13)(5) of this section. 16 Water and Drainage Rates and Fees 2. Agricultural and undeveloped parcels. Agricultural parcels shall be charged the monthly residential parcel rate. Undeveloped parcels shall not be charged. 3. Other parcels. a. The charge for all other parcels except residential parcels, agricultural parcels and undeveloped parcels shall be based upon: (1) The total amount of impervious surface as expressed in equivalent service units (an equivalent service unit has been determined to be two thousand five hundred (2,500) square feet of impervious surface or any fraction thereof); and (2) The percentage of impervious surface area on each parcel. b. The charge for all such parcels shall be computed: (1) By multiplying the total number of ESUs on each by the appropriate parcel impervious multiplier; and (2) Multiplying the results by the sum of the single-family residential rate and the appropriate basin-specific charge. C. Impervious multipliers are hereby established: Percentage of impervious area per parcel Impervious (Impervious surface/total surface x 100) multiplier 1 to 40 1 41 to 60 1.2 81 to 100 1.6v_. ..... (2) Impervious multipliers correlate the hydraulic impact ' of a parcel to its percentage of impervious surface per parcel. The multiplier for 17 Water and Drainage Rates and Fees i the average single-family residence is established as one (1). The multiplier linearly increases as the percentage of impervious area increases. The final category has a multiplier of one and six-tenths (1.6) which reflects the hydraulic impact on the drainage system compared to that impact of the average single- family residence. 4. Road systems. The impervious surface area for city roads shall be assessed thirty (30) percent of the charge established in subsection (13)(3) of this section for impervious service areas. 5. Basin-specific charges. The city shall have all lawful powers and authorities to fix, alter, regulate and control charges within specific basins and subbasins. The purpose of the power and authority granted in this section is to provide for charging parcels of one (1) basin or subbasin for improvements, studies or extraordinary maintenance which specifically and solely benefit the property owners thereof. The basin-specific charges are as follows: Charge in dollars per ESU per month CfCf°^�r,,eeb4e Date Effective Date Effective Date December r January 1, January 1, Basin 39�9 2007 2008 Westside O 6 i 0.10 1.68 K, L, M, D, E, F, 044 0.15 1.68 P & N __._.. ..... .... ... ._ ... ..... _. Eastside Mill Creek Upper (G) 4:4 4.27 4.27 Lower (A) _­ 4;86 5.05 5.05 Valley Det. (Q) 4:$6 5.05 5.05 GarnsonCreek Lower (B) 2-84 2.12 2.12 r 18 Water and Drainage Rates and Fees Charge in dollars per ESU per month E"r* eDa� Effective Date Effective Date URe b ar January 1, January 1, Basin i 999 2007 2008 Upper (I & I) .4-47_ 1.94 .v 1.94 - Direct (C) 2-4-4 2.23 2.23 Soos Creek (N) � 4 #$ 4.355 4.35 � IThe boundaries of the described basins are generally indicated on Attachment A to Ordinance No. 3461 which is on file with the city clerk. The boundaries of the basins and subbasins are generally defined and on file in the city clerk's office. The detailed definitions thereof are reflected on maps filed in the engineering division of the public works department, which are available to the public for review and/or copying during normal business hours. 6. Water quality charges. a. The city hereby authorizes and declares its intent to establish, within two (2) years of the adoption of this chapter, a water quality charge which may be added to any or all of the above rates. The purposes of ' such a charge will be to finance monitoring, testing, treatment and control of pollutant discharges into the storm and surface water system, including the exercise of all lawful enforcement powers of the city. A plan for developing such charges, and a schedule and budget for this project, shall be submitted to the city council for review and approval within ninety (90) days of adoption of this chapter. A system of water pollution charges for storm and surface water run-off from all parcels of real property in the city shall be developed within two (2) years. b. Such charges should be based upon appropriate indices of pollutant discharges which approximate each parcel's contribution to the problem of water quality within storm and surface water facilities including all receiving waters. 19 Water and Drainage Rates and Fees 7. Undeveloped parcels shall be subject to all charges established under this section upon development of a parcel. Development shall be determined by the date of issuance of a building permit or any other permit for development purposes or as otherwise established by the director of public works. SECTION 7. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 8. - Effective Date. This ordinance shall take effect and be in for r y ( 0) days from and after its passage as provided by law. However, the fees amended by this ordinance shall not be assessed and collected until 1 January 1, 2008, which begins the 2008 fiscal year budget. \"thy SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 20 Water and Drainage Rates and Fees 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 i i 21 Water and Drainage Rates and Fees Kent City Council Meeting Date December 11, 2007 Category Other Business I. SUBJECT: 2007 TAX LEVY FOR 2008 BUDGET ORDINANCES 2. SUMMARY STATEMENT: State law requires a separate ordinance to authorize any increase in property tax. The first ordinance authorizes an increase in the regular property tax to 1% over the previous tax levy The second ordinance levies the tax for 2008 collection The estimated levy is $26,625,624 for the General Fund and $600,000 for the Debt Service funds, for a total of$27,225,624. These are the preliminary numbers per the King County Assessor's Office. 3. EXHIBITS: Ordinances and l 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT None — included in 2008 Budget Ordinance Expenditure? Revenue? Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ I 6. CITY COUNCIL ACTION: Councilmember_ ~ L�. moves, Councilmember seconds to adopt Ordinance No. J� 6 authorizing an increase in property tax and Ordinance i No. ', (U levying the property tax levy for collection in 2008. DISCUSSION: ACTION: Council Agenda Item No. 7D ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, authorizing the 2007 property tax levy for the 2008 budget at the previous year's tax levy, with a statutorily allowed one (1) percent increase to partially cover impacts from inflation, together with any increases resulting from the addition of new construction and improvements to property, from any increase in the value of state-assessed property, from the refund fund levy, Iand from annexed properties. RECITALS A. Pursuant to RCW 84.55.120 and after providing all appropriate notice, the City Council held a public hearing on October 16, 2007, to consider the City of Kent's proposed operating and capital budget for the 2008 calendar year, and to address the City's 2007 property tax levy, revenues, and limit factors, as well as the proposed 2008 budget. B. In accordance with RCW 84.55.120, any increase in property tax revenue other than that resulting from the addition of new construction and improvements to property, annexations, and any increase in the value of state- assessed property and the refund fund levy, requires the adoption of a separate ordinance from the tax levy ordinance specifically authorizing the increase in terms of both dollars and percentage. C. The City Council finds that to best protect the public health, safety, and welfare, to best protect the City's future property tax levy capacity, to best serve the citizens of Kent by maintaining an appropriate level of service throughout the City, to appropriately discharge the City's expected expenses and obligations, and to best serve the citizens of Kent through a continued commitment to capital improvements 1 Tax Levy Adjustment Authorized (1%) - 2008 Budget throughout the City, a substantial need exists to increase its tax levy over last year. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Recitals Incorporated. The foregoing recitals are incorporated into this ordinance. SECTION 2. - Property Tax Levy Authonzed. In addition to the increase resulting from new construction and improvements to property, from annexations, from any increase in the value of state-assessed property, and from the refund fund levy, the 2007 regular property tax dollar levy for the 2008 budget is authorized at the previous year's property tax levy, plus a one (1) percent increase, representing $254,359. SECTION 3. - Severabillty. If any one or more sections, 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 4. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 2 Tax Levy Adjustment Authorized (1%) - 2008 Budget t APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 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 ]ACOBER, CITY CLERK P\CIvift0dinanc\ratLnylnoeazeE bllsnetl4008 tlo[ t t t 3 Tax Levy Adjustment Authorized (1%) - 2008 Budget I ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, levying 2007 property taxes for the 2008 budget for the City of Kent. RECITALS A. Pursuant to RCW 84.55.120 and after providing all appropriate notice, the City Council held a public hearing on October 16, 2007, to consider the City of Kent's proposed operating and capital budget for the 2008 calendar year, and to address the City's 2007 property tax levy, revenues, and limit factors, as well as the proposed 2008 budget. B. In accordance with RCW 84.55.120 an increase in roe tax Y property rtY revenue other than that resulting from the addition of new construction and improvements to property, annexations, and any increase in the value of state- assessed property and the refund fund levy, requires the adoption of a separate ordinance from the tax levy ordinance specifically authorizing the increase in terms of both dollars and percentage. C. By separate ordinance, the City Council has adopted an ordinance to establish a one (1) percent increase in property tax revenue to be levied and collected in year 2008. D. Pursuant to RCW 84.52.010 and WAC 458-12-365, taxes shall be levied in specific dollar amounts. NOW THEREFORE, THE CITY COUNCIL OFTHE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Property Tax Levied (1%) 2008 Budget i ORDINANCE SECTION 1. - Recitals Incorporated. The foregoing recitals are incorporated into this ordinance. SECTION 2. - Property Tax Levied. There is hereby levied against the assessed value of the property in the City of Kent, Washington, a tax for the City's 2007 budget in the following amounts for the following funds. A. For the General Fund, for the purpose of paying the general expenses of municipal government: Levy per $1,000 of Fund assessed valuation (estimated) (estimated) Dollar Amount General Fund $2 311 $26,625,624 B. For Voted Bond Interest and Redemption Fund, for the purpose of paying debt service in the following amounts for the following funds: Levy per $1,000 of assessed valuation Fund (estimated) Dollar Amount General Obligation Refunding $ 0521 $600,000 (Public Safety and Senior Housing) C. Total General Fund and Voted Bond Interest and Redemption Fund: Levy per $1,000 of assessed valuation (estimated) Dollar Amount TOTAL LEVY $2.363 $27,225,624 SECTION 3. - Limitation on Levy. The application of the General Fund levy shall be consistent with and shall not result in a tax revenue in excess of the limitation imposed by RCW 84 55.010. SECTION 4. - Adiustments. City administration shall administer the Annual Budget and in doing so may authorize adjustments pursuant to RCW 35A.33.120. _ 1 2 Property Tax Levied (1%) 2008 Budget i SECTIONS. - Severability. If any one or more sections, 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 6. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication as provided by law. i SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of December, 2007. APPROVED: day of December, 2007. PUBLISHED: day of December, 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 r WOMWManmkn.Lewe 2W noc 3 Property Tax Levied (1%) 2008 Budget i Kent City Council Meeting Date December M 2007 Category Other Business 1. SUBJECT: 2008 BUDGET ADOPTION ORDINANCE 2. SUMMARY STATEMENT: This ordinance adopts the City's 2008 Budget. The budget to be adopted is summarized in Exhibit A and includes the Preliminary Budget document as amended by Exhibit B, which constitutes technical corrections made to the Preliminary Budget. 3. EXHIBITS: Ordinance and memo from Finance Director, Exhibit A— Budget Summary; and Exhibit B —Amendments to Preliminary Budget Document 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Establishes 2008 Budget Expenditure? _ Revenue? Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' to adopt Ordinance No. adopting the 2008 budgeyc dwalfL" DISCUSSION: n b r a ccrn o \,w% ACTION: r Council Agenda '/ ��� Item No 7E ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to budgets and finance and adopting the final 2008 fiscal year budget. RECITALS ' A. The tax estimates and preliminary budget for the City of Kent, Washington, for the 2008 fiscal year have been prepared and filed as provided by law, and the budget has been printed and distributed. B. Notice has been published in the official paper of the City of Kent setting the time and place for hearing and that notice stated that all taxpayers calling at the Office of the City Clerk would be furnished a copy of the 2008 budget. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS; ORDINANCE SECTION 1. -Budaet Adoption Pursuant to RCW 35A.33.075, the budget for the 2008 fiscal year, as summarized in Exhibit "A" and as set forth in the 2008 Preliminary Comprehensive Budget, which is amended by Exhibit"B,"all of which are incorporated into this ordinance by this reference, is hereby adopted in the amounts and for the purposes established in that budget as the final budget for the City's 2008 fiscal year. 1 2008 Budget Adoption SECTION 2. - Transmittal. The finance director shall transmit a complete i copy of the final adopted budget to the Division of Municipal Corporations in the Office of the State Auditor and to the Association of Washington Cities. SECTION 3. - Adiustments. City administration shall administer the Annual Budget and in doing so may authorize adjustments pursuant to RCW 35A.33.120. SECTION 4. - Severabilitv. If any one or more sections, 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 S. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after the date of passage and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK — APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 2 2008 Budget Adoption r 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 r rP\Civil\Ordinance\BudgetAdoption4008 doc r r r � t i 1 3 2008 Budget Adoption r i 2008 Budget Ordinance Exhibit A Inc(Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance GOVERNMENTAL FUNDS 1 GENERAL FUND 83,485,410 83,608,334 (122,924) 8,519,963 8,397,039 SPECIAL REVENUE FUNDS Street 5,275,702 6,101,965 (826,263) 876,305 50,042 LEOFFI Retiree Benefits Fund 250,000 250,000 250,000 500,000 Lodging Tax Fund 190,500 159,000 31,500 259,790 291,290 Youth/Teen Programs 886,003 979,220 (93,217) 302,965 209,748 Capital Improvement 11,161,277 12,478,800 (1,317,523) 3,656,228 2,338,705 Criminal Justice 2830,977 3,590,109 (759,132) 1,428,058 668,926 Environmental Mitigation 106,423 196,870 (90,447) 111,874 21,427 Community Block Grant 748,600 748,600 Other Operating Protects 101,068 101,068 DEBT SERVICE FUNDS Voted 609,600 615,655 (6,055) 34,082 28,027 LTGO Debt 7,399,765 7,399,765 Special Assessment 4,892,927 4,892,927 3,019,800 3,019,800 CAPITAL PROJECTS FUNDS Street Protects 2,860,000 2,860,000 Parks Projects 3,298,000 3,298,000 Other Capital Projects 875,000 875,000 Technology Projects 950,000 950 000 Facilities Projects 569,000 569,000 PROPRIETARY FUNDS ENTERPRISE FUNDS Water 10,339,577 12,580,592 (2,241,015) 4,020,308 1,779,293 Sewerage 27,091,554 28,069,916 (978,362) 3,056,542 2,078,180 Golf Complex 3,482,234 3,271,726 210,508 (1,508,554) (1,298,046) INTERNAL SERVICE FUNDS Equipment Rental & Fire Equipment 4,597,623 5,627,849 (1,030,226) 1,539,095 508,869 Central Services 5,204,945 5,250,211 (45,266) 340,558 295,292 Facilities Fund 5,400,402 5,432,436 (32,034) 55,693 21659 Insurance 15,725,870 14,589,729 1,136,141 7,761,149 8,897,290 TOTAL GROSS BUDGET 198,332,457 204,246,772 (5,914,315) 33,723,856 27,809,541 LESS Internal Service Funds 29,356,195 29,356,195 Other Transfers 18,528,598 18,528,598 TOTAL BUDGET 150,447,664 156,361,979 (5,914,315) 33,723,856 27,809,541 Internal Service Adjustments (752,659) (752,659) Use of Fund Balance 5,914,315 Total Program Budget 155,609,320 155,609,320 12/5/2007 i CITY OF KENT, WASHINGTON 2008 Budget Ordinance Exhibit B Inc(Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance GOVERNMENTALFUNDS GENERAL FUND 82,080,270 82,380,945 (300,675) 8,519,963 8,219,288 Fire Station 78 staffing 950,685 950,685 Emergency Human Services 165,000 (165,000) (165,000) Historical Society- operations 6 000 (6,000) (6,000) Historical Society- sprinkler system 5,000 (5,000) (5,000) Revised Property Tax Estimate 454,455 454,455 454,455 Kent Meridian Pool Utilities 60,000 (60,000) (60,000) Night Court 40,704 (40,704) (41704) Total General Fund 83,485,410 83,608,334 (122,924) 8,519,963 8,397,039 SPECIAL REVENUE FUNDS Street 5,275,702 6,101,965 (826,263) 876,305 50,042 LEOFFI Retiree Benefits Fund 250,000 250,000 250,000 500,000 Lodging Tax Fund 190,500 140,000 50,500 259,790 310,290 Tourism &Visitor Services 19,000 (19,000) (19,000) Total Lodging Tax Fund 190,500 159,000 31,500 259,790 291,290 Youth/Teen Programs 886,003 979,220 (93,217) 302,965 209,748 Capital Improvement Fund 11,161,277 12,478,800 (1,317,523) 3,656,228 2,338,705 Total Capital Improvement Fund 11,161,277 12,478,800 (1,317,523) 3,656,228 2,338,705 Criminal Justice 2,821,977 3,544,109 (722,132) 1,428,058 705,926 1 Patrol Boat for Lake Meridian 9,000 46,000 (37,000) (37,000) Total Criminal Justice Fund 2,830,977 3,590,109 (759,132) 1,428,058 668,926 Environmental Mitigation 106,423 196,870 (90,447) 111,874 21,427 Community Block Grant 748,600 748,600 Other Operating Projects 101,068 101,068 DEBT SERVICE FUNDS Voted 609,600 615,655 (6,055) 34,082 28,027 LTGO Bonds 7,399,765 7,399,765 Special Assessment 4,892,927 4,892,927 3,019,800 3,019,800 1 Boat registration taxes have been collected for several years to fund the patrol boat 12/5/2007 1 Kent City Council Meeting Date December 11, 2007 Category Other Business 1. SUBJECT: 2008-2013 CAPITAL IMPROVEMENT PLAN/COMPREHENSIVE PLAN AMENDMENTS ORDINANCE— ADOPT 2. SUMMARY STATEMENT: This ordinance amends the Capital Facilities Element to include the City's Capital Improvement Plan for 2008-2013 3. EXHIBITS: Ordinance and its referenced exhibits 4. RECOMMENDED BY: Operations Committee and Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember Uct moves, Councilmember_6 seconds to adopt Ordinance No. amending the Capital Facilities Element of the Comprehensive Plan to include the City's Capital Improvement Plan for 2008-2013. DISCUSSION: n_0 ACTION: 7Y Council Agenda Item No. 7F i ' ORDINANCE NO. ` AN ORDINANCE of the city council of the city of Kent, Washington, amending the city of Kent Comprehensive Plan to amend the Capital Facilities Element of the Comprehensive Plan to reflect a six-year plan for capital facilities projects (2008-2013) (CPA-2007- 3B) RECITALS A. The Washington State Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements and the plans from other jurisdictions. B. To assure that comprehensive plans remain relevant and up to date, the GMA allows amendments to the capital facilities element of comprehensive plans concurrently with the adoption or amendment of a city budget (RCW 36.70A.130(2)(a)(iii)). C. The city of Kent has established procedures for amending the Comprehensive Plan in chapter 12.02 of the Kent City Code, allowing amendment of the Capital Facilities Element of the Comprehensive Plan concurrently with the adoption or amendment of the city's budget and allowing the city council to hold the public hearing instead of the Land Use and Planning Board. D. The city of Kent Finance Department has submitted proposed amendments to the Capital Facilities Element of the Comprehensive Plan to identify a six-year plan for capital facilities projects, including costs and revenue sources. 1 Comprehensive Plan Amendments Capital Improvement Plan for 2008-2013 i E. After providing appropriate public notice, the city council of the city of Kent conducted a public hearing on October 16, 2007, to considered the six-year plan for capital facilities and the requested comprehensive plan amendment. F. On September 21, 2007, the city provided the state of Washington the required sixty (60) day notification under RCW 36.70A.106 of the city's proposed amendment to the Capital Facilities Element of the Comprehensive Plan. The sixty (60) day notice period has lapsed. G. On December 11, 2007, the city council for the city of Kent approved the Capital Facilities Element amendment (CPA-2007-3) to reflect a six-year plan for capital facilities projects (2008-2013). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. -Amendment. The Capital Facilities Element of the city of Kent Comprehensive Plan is hereby amended to reflect a six-year plan for capital facilities projects (2008-2013), as set forth in Exhibit "A" attached and incorporated by this i reference (CPA-2007-3B). i SECTION 2. - Severability. If any one or more sections, sub-sections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same j shall remain in full force and effect. SECTION 3. - Effective Date. This ordinance shall take effect and be in force j thirty (30) days from and after the date of passage as provided by law. SUZETTE COOKE, MAYOR - 2 Comprehensive Plan Amendments Capital Improvement Plan for 2008-2013 t ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 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 r l� P.\Civil\Ordlnance\CompPlanAmend-CapitallmprovePlan2008-2013 doc r II t Ir l r 3 Comprehensive Plan Amendments Capital Improvement Plan for 2008-2013 EXHIBIT "A" � t 1 . 1 ' I 1 l � 1 ti t 1 f i ' CAPITAL IMPROVEMENT PLAN rThe CAPITAL IMPROVEMENT PLAN (CIP) is a 2008-2013 CIP Sources of Funds 48 six year plan developed and updated annually. 2008-2013 CIP Projects Forecast 49 Included is a listing of Capital Improvement Projects for 2008 to 2013 2008-2013 Capital Improvement Program 50 1 1 r i 1 1 t t 2008 - 2013 Capital Improvement Program Sources of Funds Amounts in 000's r , Capital Improvement Fund Sources To Be 19% Determined 25% ° Street Fund 5% Utility Funds 11% Facilities Fund Bond Proceeds Grants 3% 32% 5% t Sources of Funds 2008 2009 2010 2011 2012 2013 Total Capital Improvement Fund 6,879 6,027 4,880 5,426 4,706 4,121 32,039 Street Fund 3,024 2,227 1,859 1,014 714 639 9,477 Utility Funds 5,388 3,822 3,436 3,027 2,209 1,751 19,633 Facilities Fund 300 925 990 895 745 600 4,455 Grants 1,605 805 3,735 605 1,305 5 8,060 Bond Proceeds 20,000 - 36,000 - - - 56,000 Sources To Be Determined 408 10,010 28,550 1,421 1,233 1,165 42,787 Total Sources of Funds 37,604 23,816 79,450 12,388 10,912 8,281 172,451 j r � 1 r 1 2008 - 2013 Capital Improvement Program Projects Forecast Amounts in 000's 1 Transportation 1 o% Public Safety 16% Utility Fund Projects 39% General Government 19% Parks, Recreation & Community Services 16% r Projects 2008 2009 2010 2011 2012 2013 Total ' Transportation 7,024 5,014 3,399 1,014 714 639 17,804 Public Safety 1,399 4,969 20,142 675 340 315 27,840 Parks, Recreation 5,643 4,834 4,273 4,366 4,776 2,866 26,758 & Community Services General Government 8,150 3,190 15,255 2,305 2,130 1,960 32,990 Utility Fund Projects 15,388 5,809 36,381 4,028 2,952 2,501 67,059 rTotal Projects 37,604 23,816 79,450 12,388 10,912 8,281 172,451 r r 1 r General Government 2008 2013 Capital Improvement Program Amounts in Thousands Total 2008 2009 2010 2011 2012 2013 Sources of Funds WA State Grant 50 50 King County Grant 50 50 Donations/Contributions 100 100 LTGO Bonds 12,000 6,000 6,000 CIP Revenues 7,710 1,800 1,215 1,315 1,135 1,135 1,110 Facilities Revenues 4,455 300 925 990 895 745 600 Source To Be Determined 8,625 50 1,050 6,750 275 250 250 Total Sources of Funds 32,990 8,150 3,190 15,255 2.305 2,130 1,960 Projects Funded Facilities Emergency Facility Repairs(Lifecycle) 900 150 150 150 150 150 150 Roof Repairs(Lifecycle) 1,600 150 300 450 400 200 100 Floor Covering Replacements (Lifecycle) 500 135 100 100 45 95 25 Sealcoat Parking Lots(Lifecycle) 700 110 175 90 100 100 125 HVAC Lifecycle Replacements (Lifecycle) 1,050 175 175 175 175 175 175 Miscellaneous Furniture(Lifecycle) 150 25 25 25 25 25 25 Centennial Center Upgrades 250 75 35 35 35 35 35 Facilities Card Access 345 65 75 55 50 50 50 Kent Commons Upgrades 7,325 800 6,500 25 Senior Center Upgrades 230 40 40 150 City Hall Upgrades 25 25 Fire Station Grounds Renovation 190 50 40 50 25 25 , Carriage House Restoration 250 50 200 Range Netting 25 25 Permit Center Minor Renovation 40 40 Technology ERP System Upgrade 3,000 500 500 500 500 500 500 Lifecycle Replacements 2,700 450 450 450 450 450 450 ' Tech Plan 2008-2012 12,000 6,000 6,000 Connected Community 1,250 250 250 250 250 250 Other General Government ` Shoreline Master Program Update 10 10 Neighborhood Programs 450 75 75 75 75 75 75 Total Projects Funded 32,990 8,150 3.190 15,255 2,305 2,130 1,960 ' Public Safety 2008 - 2013 Capital Improvement Program ' Amounts in Thousands 1 Total 2008 2009 2010 2011 2012 2013 Sources of Funds CIP Revenues 5,214 1,244 1,643 1,027 645 340 315 Source To Be Determined 22,626 155 3,326 19,115 30 Total Sources of Funds 27,840 1 399 4,969 20_,142 675 340 315 IProjects Funded Fire and Emergency Services Exhaust Extraction Systems 77 62 15 Security Fences 212 62 88 62 Upgrade Sleeping Qtrs&Restrooms 800 200 200 200 200 Remodel Washington Ave Fire Station 6,825 500 6,325 Replacement Fire Hose 90 15 15 15 15 15 15 Breathing Apparatus Replacement Program 900 150 150 150 150 150 150 Fire Equipment Replacement Fund 900 300 200 100 100 100 100 Replacement Radio Fund 1,100 400 400 300 I Police Services CKCF Improvements (Study) 1,431 1,301 100 30 Inmate Barcode Scan/Kiosk 40 40 Computer Forensics Enhancements 25 25 Taser Unit 25 25 Education (GED) Program 30 30 IPatrol Audio/Video Recording Equipment 150 75 75 Portable Radios-Replacement 250 50 50 50 50 50 Crime Scene Van Replacemnt/Eguip Upgrade 75 75 HQ Livescan 25 25 Immobilizer Equipment 25 25 Pursuit Intervention Technique Equipment 25 25 Satellite Processing of Traffic NOls 200 100 100 Investigations Crime Scene Equip Upgrade 25 25 AR-15 Rifles 75 75 Police/Fire Training Center Expansion Police/Fire Training Center 8,640 750 7,890 Remodel Range Targeting System 50 50 Training Center Classroom Upgrades 50 25 25 Citywide Driving Simulator 150 150 Other Public Safety Municipal Court Building 5,500 700 4,800 Camera Upgrade/Renovations 60 30 30 Public Safety 2008 - 2013 Capital Improvement Program Amounts in Thousands Total 2008 2009 2010 2011 2012 2013 Annex Furniture Upgrades 25 25 Work Crew Van/Trailer Equipment 60 60 Total Projects Funded _27,840 1,399 4,969 20 142 675 340 315 , i i 1 t 1 1 I 1 t 1 1 Transportation 2008 - 2013 Capital Improvement Program 1 Amounts in Thousands Total 2008 2009 2010 2011 2012 2013 Sources of Funds Federal Grant 1,940 1,940 WA State Grant 150 75 75 Local Improvement District 2,713 2,713 LTGO Bonds 4,000 4,000 Street Revenues 9,002 3,024 2,227 1,384 1,014 714 639 Total Sources of Funds 17 804 7 024 5,01.4 3,399 1 014 7.14 639_ iProjects Funded Arterials ' East Valley Highway(SR 167-212th) 5,264 2,964 2,300 1st Avenue North Improvements 1,000 250 500 250 4th Avenue North Improvements 2,500 1,500 1,000 1 Intersections 124th Avenue Improvements 1,250 500 375 375 Willis and Central 150 150 Willis and 4th Avenue 200 200 Other Transportation Transportation Master Plan 450 450 Sidewalk Rehabilitation and Installation 4,000 4,000 Miscellaneous Asphalt Overlays 1,500 500 500 500 ITransit Now Partnership Program 520 260 260 Neighborhood Traffic Control 225 75 75 75 Shopper Shuttle 210 35 35 35 35 35 35 Street Channelization Program 445 89 89 89 89 89 Pavement Rating Survey 90 15 15 15 15 15 15 Total Projects Funded 17,804 7,024 _5,014 _-3 399 __1_,014 714 =639 I Parks, Rec & Comm Services ' 2008 - 2013 Capital Improvement Program Amounts in Thousands _Total 2008 2009 2010 2011 2012 2013 , Sources of Funds Federal Grant 75 75 WA State Grant 4,085 1,010 650 1,025 600 800 King County Grant 50 50 Other Grant 1,660 545 5 595 5 505 5 Donations/Contributions 73 23 10 10 10 10 10 Youth &Teen Revenues 125 75 50 CIP Revenues 2,650 1,425 475 225 225 225 75 CIP REET2 Revenues 16,465 2,410 2,694 2,313 3,421 3,006 2,621 i Source To Be Determined 1,575 105 875 105 105 230 155 Total Sources of Funds 26,758 _ 5.643 4,834 4 273 =4,366 4,776 2 8.66 Projects Funded Community Parks Mill Creek/Earthworks Renovations 300 150 150 Rive rwaIk/Riverview Park Development 1,025 467 558 Urban Forestry 55 10 10 10 10 5 10 Clark Lake Park Restoration 40 40 Demolition of Rental Houses 25 25 Uplands Playfield Parking/Street Improv 275 25 250 East Hill Skate Park(Debt Service) 48 8 8 8 8 8 8 Downtown Gateways, Phase 2 500 100 100 100 100 100 Kent Parks Foundation 112 25 25 17 15 15 15 Adopt-A-Park 240 40 40 40 40 40 40 Aquatic Center Land Acquisition and Plan 1,000 1,000 Commons Playfield Renovations 30 30 Van Doren's Park Improvements 150 150 Service Club Community Park 100 100 Clark Lake Development 50 50 Wilson Playfields Acquisition/Renovation 900 400 500 East Hill Park Land Acquisition 500 500 Major Entries into Kent 250 50 50 50 50 50 Eagle Creek Park Development 800 800 Trails 54 9 9 9 9 9 9 Town Square Plaza (Debt Service) 1,152 192 192 192 192 192 192 Russell Woods/228th Corr Park/Trailhead 110 10 100 West Fenwick Park Renovation 2,050 550 1,500 Multi-Use Sports Field Improvements 2,530 455 850 500 225 500 , r rParks, Rec & Comm Services 2008 - 2013 Capital Improvement Program Amounts in Thousands Total 2008 2009 2010 2011 2012 2013 Lifecycle Renovations Life Cycle-Play Equipment 360 60 60 60 60 60 60 Life Cycle-Ballfields 175 25 25 50 25 25 25 Life Cycle- Irrigation 175 25 25 50 25 25 25 Life Cycle- Infield Soil 160 35 25 25 25 25 25 Event Center Lifecycle 1,800 300 300 300 300 300 300 Life Cycle Park System 1,996 266 346 346 346 346 346 Neighborhood Parks Tudor Square Renovations 100 100 Clark Lake Land Acquisition 3,000 1,000 1,000 1,000 r 132nd Street Park Development 1,800 1,800 West Hill Park Development 1,420 670 750 Springwood Park Improvements 65 65 Kiwanis Tot Lot#1 Improvements 75 75 Planning, Architect, Engineer Master Plans 150 25 25 25 25 25 25 Architect/Engineering 30 10 10 10 Other Parks, Rec &Comm Svc Service Club Ballfields(Debt Service) 1,680 280 280 280 280 280 280 Wilson Playfields(Debt Service) 846 141 141 141 141 141 141 Grant Matching Funds/Land Acq 450 75 75 75 75 75 75 Eagle Scout Projects 180 30 30 30 30 30 30 Total Projects Funded 26,758 5,643 4,834 4,273 4,366 4,776 2,866 Ir r r 1 r Utilities 2008 - 2013 Capital Improvement Program Amounts in Thousands Total 2008 2009 2010 2011 2012 2013 Sources of Funds Revenue Bonds 30,000 30,000 LTGO Bonds 10,000 10,000 Street Revenues 475 475 Water Revenues 6,372 2,107 1,422 1,436 452 469 486 Sewer Revenues 6,475 500 1,400 1,500 2,075 500 500 , Drainage Revenues 6,786 2,781 1,000 500 500 1,240 765 Source To Be Determined 6,951 1,987 2,470 1,001 743 750 Total Sources of Funds 67 059 15,388 5,809 36,381 4 028 2,952 2,501 Projects Funded Stormwater Management Soos Creek Basin Improvements 3,100 100 1,000 500 500 500 500 NPDES 1,396 216 222 229 236 243 250 Miscellaneous Drainage Improvement 1,590 265 265 265 265 265 265 Drainage Improvements w/Road Improvement 1,000 1,000 Earthworks Dam 200 200 Drainage Master Plan 500 500 Drainage Infrastructure Replacements 3,000 500 500 500 500 500 500 Sanitary Sewer Miscellaneous Sewer Replacements 5,500 1,400 1,500 1,600 500 500 Sanitary Sewer Master Plan 500 500 Water Supply & Distribution Corrosion Control 750 750 ' East Hill Well Generator 70 70 Pump Station#8 VFD 15 15 Large Meter&Vault Replacement 473 70 72 76 80 85 90 Update Water Comprehensive Plan 350 350 Kent Springs Transmission Main Repair 250 250 Miscellaneous Water Improvements 4,053 340 1,320 1,331 342 354 366 East Hill Pressure Zone 2,100 100 1,000 1,000 Hydrant Replacement Program 180 30 30 30 30 30 30 Clark Springs Transmission Main Repair 10 10 Seismic System Controls 100 100 Clark Springs Well#2 VFD Replacement 12 12 Security Improvement per VA 10 10 Combined Utilities East Hill Maintenance Facility 40,000 10,000 30,000 ' Utilities 2008 - 2013 Capital Improvement Program Amounts in Thousands ' Total 2008 2009 2010 2011 2012 2013 Russell Road Maintenance Facility 1,900 950 475 475 Total Projects Funded 67,059 15.388 5,809 _36 381 4,028 2,952 2.501 1 Kent City Council Meeting Date December 11, 2007 Category Other Business ' 1. SUBJECT: NON-REPRESENTED EMPLOYEE SALARY ADJUSTMENT PROCESS RESOLUTION 2. SUMMARY STATEMENT: Council Members Clark and Ra lee requested the law P department prepare a resolution for Council consideration that outlines the process for conducting and implementing group salary surveys At its meeting on December 4, 2007, the Operations Committee recommended Council adopt the resolution, with one change to provide that the Mayor has authority to conduct and implement salary surveys without Council approval for single job classifications so long as there are 5 or less non-represented employees in that classification. 3. EXHIBITS: Resolution 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: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ ' 6. CITY COUNCIL ACTION: ` Council ember fl 11AA moves, Councilmember seconds �e5aluficn to adopt Ordmanca No. which relates to group comparative salary surveys for non-represented employees. DISCUSSION: ACTION: I Council Agenda Item No 7G ' RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to group comparative salary surveys for non-represented employees. RESOLUTION ' THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: ' SECTION 1. - Authority to Conduct Survey. From time to time, it is appropriate to conduct comparative surveys to determine whether salaries paid to non-represented employees are competitive with other public and private entities. When the Mayor decides to conduct a comparative survey, the Mayor must seek the City Council's prior authorization. Once authorized, the Mayor must prepare a ' complete plan to (1) conduct the comparative salary survey, (2) prepare a strategy to implement those survey results that meet the mayor's approval, and (3) provide a financial analysis to allow for any necessary budget adjustments. ' SECTION 2. - Comparative Salary Survey Plan to be Returned to Council. - Upon completion of the comparative salary survey plan, the Mayor will provide the ' Council his or her recommendations on the survey results, the overall plan implementation strategy, and any budget adjustments to the Council for Council's approval. SECTION 3. - Small Group Classification Salary Survevs or Individual Position Salary Surveys. Council approval is only required for comprehensive ' 1 Non-Represented Group Salary Adjustments salary surveys comparing all non-represented employees or large groups of non- , represented employees. The Mayor retains the authority, within established ' budgets, to conduct and implement salary surveys for single job classifications so long as there are five (5) or less non-represented employees in that job classification, and the Mayor retains the authority, within established budgets, to , conduct and implement salary surveys for individual positions designated for non- represented employees. , SECTION 4. - Represented Employees Not Affected. This resolution only , applies to salary adjustments for non-represented employees. Salary adjustments for represented employees will be conducted in compliance with collective ' bargaining agreements and applicable law. SECTION 5. - Severabilitv. 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 6. - Ratification. Any act consistent with the authority and prior ' to the effective date of this resolution is hereby ratified and affirmed. SECTION 7. - 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 December, 2007. CONCURRED in by the Mayor of the City of Kent this day of December, 2007. , SUZETTE COOKE, MAYOR 2 Non-Represented Group ' Salary Adjustments I ATTEST: I ' 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 December, 2007. BRENDA JACOBER, CITY CLERK P\CNil\Re lubon\NmAep uPSalaryAd)uenaenb Goa I ' 3 Non-Represented Group Salary Adjustments ' Kent City Council Meeting Date December 11, 2007 Category Other Business ' 1. SUBJECT: COMPREHENSIVE PLAN AMENDMENTS AND REVISIONS TO KENT CITY CODE 12 13, SCHOOL DISTRICT CAPITAL FACILITIES PLANS ORDINANCES — ADOPT 2. SUMMARY STATEMENT: This matter includes two ordinances The first proposed ordinance amends the Capital Facilities Element of the Comprehensive Plan to include the amended Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts. The second proposed ordinance amends the school impact fee schedule contained in section 12.13.160 of the Kent City Code to reflect changes in the Kent, Federal Way, and Auburn School Districts' Capital Facilities Plans. ' 3. EXHIBITS: Ordinances and their referenced exhibits 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure9 X Revenue? X ' Currently in the Budget? Yes X No If no• ' Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ ' 6. CITY COUNCIL ACTION: Councilmember & Cv,� moves, Councilmember seconds to adopt Ordinance No. -W 1 , amending the Capital Facilities Element of the Comprehensive Plan to include the amended Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts, and to adopt Ordinance No -38'1*76 , amending the school impact fee schedule contained in section 12 13.160 of the Kent City Code to reflect changes in the Kent, Federal Way and Auburn School Districts' Capital Facilities Plans. DISCUSSION: ACTION: Council Agenda Item No 7H i ORDINANCE NO. t ' AN ORDINANCE of the city council of the city of Kent, Washington, amending the city of Kent Comprehensive Plan to amend the Capital Facilities Element of the Comprehensive Plan to include the Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts (CPA-2007-3A). ' RECITALS A. The Washington State Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements and the plans from other ' jurisdictions. ' B. To assure that comprehensive plans remain relevant and up to date, the GMA allows amendments to the capital facilities element of comprehensive plans concurrently with the adoption or amendment of a city budget (RCW ' 36.70A.130(2)(a)(ni)). ' C. The city of Kent has established procedures for amending the Comprehensive Plan in chapter 12.02 of the Kent City Code, allowing amendment of the Capital Facilities Element of the Comprehensive Plan concurrently with the adoption or amendment of the city budget and allowing the city council to hold the public hearing instead of the Land Use and Planning Board. ' D. The Kent, Federal Way, and Auburn School Districts have submitted proposed amendments to their Capital Facilities Plans to be included in an amendment of the city's Capital Facilities Element of the Comprehensive Plan. ' E. After providing appropriate public notice, the city council of the city of Kent considered the requested comprehensive plan amendment and conducted a ' public hearing on the same on October 16, 2007. 1 Comprehensive Plan Amendments School Districts'Capital Facilities Plan F. On September 21, 2007, the city provided the required sixty (60) day notification under RCW 36.70A.106 to the state of Washington of the city's proposed amendment to the Capital Facilities Element of the Comprehensive Plan and the sixty ' (60) day notice period has lapsed. G. On December 11, 2007, the city council for the city of Kent approved ' the Capital Facilities Element amendment CPA-2007-3 to include the Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts, as set forth in Exhibit ' "A" attached and incorporated by this reference (CPA-2007-3A). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. The Capital Facilities Element of the city of Kent , Comprehensive Plan is hereby amended to include the Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts, as set forth in Exhibit"A" attached I ' and incorporated by this reference (CPA-2007-3A). 1 SECTION 2. - Severabillty. If any one or more sections, sub-sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same ' shall remain in full force and effect. SECTZON3. - Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after the date of passage as provided by law. 1 SUZETTE COOKE, MAYOR 2 Comprehensive Plan Amendment ' School Districts'Capital Facilities Plan ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2007. APPROVED: day of , 2007. PUBLISHED: day of 12007. 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. I , I (SEAL) BRENDA JACOBER, CITY CLERK ' P\Civil\Ordinance\CompelanAmend-SchoolDlstdcts'CapltalFaulltfesPlans-2007 doc 3 Comprehensive Plan Amendments School Districts'Capital Facilities Plan} 1 f 1 � i EXHIBIT "A" � 1 � � I 1 1 1 1 1 �1 1 i i ■ i 2007 — 2006 - 20 Y 2 - 201 i i i Emerald Park Elementary Site Emerald Park Elementary School Emerald Park Elementary Serving Unincorporated King County Residents And Residents of the Cities of Kent., Covington, Auburn, BlackDiamond, Maple valley, Renton, andSea7ac, Washington A i i12007 cheal n1stri - Kent School District No. 415 12033 SE 2561h Street Kent, Washington 98030-6643 (253) 373-7295 SIX - YEAR CAPITAL FACILITIES PLAN 2007 - 2008 - 2012 - 2013 K NT scKOOL YIL BOARD of DIRECTORS Jim Bernos Bill Boyce Sandra Collins Chris Davies Mike Jensen ADMINISTRATION Barbara Grohe, Ph.D. — Superintendent Fred H. High — Assistant Superintendent for Business Services Mark Haddock, Ph.D. —Assistant Superintendent for Learning & School Improvement Margaret A Whitney—Assistant Superintendent for Human Resources John Knutson — Executive Director of Finance Merri Rieger— Executive Director, School Improvement 9 - 12 Janis Bechtel — Executive Director, School Improvement K - 8 Jeanette Ristau — Executive Director, School Improvement K - 6 Greg Whiteman — Executive Director of Information Technology Kent School District Six-Year Capital Facilities Plan April 2007 I scheTl O"s SIX - YEAR CAPITAL FACILITIES PLAN 2007 - 2008 - 2012 - 2013 April 2007 For information on the Plan, please call the Finance & Planning Department at (253) 373-7295 Capital Facilities Plan Contributing Staff Gwenn Escher-Derdowski Forecast & Planning Administrator Fred Long, Supervisor of Facilities & Construction Karla Wilkerson & Lynell Mooney, Facilities Department Don Walkup, Supervisor of Transportation Department Kathy Fosiord, Purchasing Department Cover Design by Debbi Smith Maps by Jana Tucker Kent School District Six-Year Capital Facilities Plan April 2007 Scheel OWSIF SiX year Capital Facilities Pfian Table of Contents Section Page Number l I Executive Summary 2 I I Six-Year Enrollment Projection & History 4 III District Standard of Service 8 I V Inventory, Capacity & Maps of Existing Schools 11 V Six-Year Planning and Construction Plan 14 V I Relocatable Classrooms 17 V I I Projected Classroom Capacity 18 V I I I Finance Plan, Cost Basis and Impact Fee Schedules 23 f I X Summary y of Changes to Previous Plan 30 X Appendixes 31 Kent School District Six-Year Capital Facilities Plan April 2007 I Executive Summary This Six-Year Capital Facilities Plan (the "Plan") has been prepared by the Kent School District (the "District") as the organization's facilities planning document, in compliance with the requirements of Washington's Growth Management Act, King County Code K.C.C. 21A.43 and Cities of Kent, Covington, Auburn, Renton, SeaTac, Maple Valley and Black Diamond. This annual plan update was prepared using data available in the spring of 2007 for the 2006-2007 school year. This Plan is consistent with prior long-term capital facilities plans adopted by the Kent School District. This Plan is not intended to be the sole planning document for all of the District's needs. The District may prepare interim and periodic Long Range Capital Facilities Plans consistent with Board Policies, taking into account a longer or shorter time period, other factors and trends in the use of facilities, and other needs of the District as may be required. Prior Capital Facilities Plans of the Kent School District have been adopted by Metropolitan King County Council and Cities of Kent, Covington, Auburn and Renton and included in the Capital Facilities Plan element of the Comprehensive Plans of each jurisdiction. The first ordinance implementing impact fees for the unincorporated areas was effective September 15, 1993. In order for impact fees to be collected in the unincorporated areas of Kent School District, the Metropolitan King County Council must adopt this Plan and a fee-implementing ordinance for the District. For impact fees to be collected in the incorporated portions of the District, the cities of Kent, Covington, Auburn and Renton must also adopt this Plan and their own school impact fee ordinances. This Plan has also been submitted to cities of Maple Valley, Black Diamond, and SeaTac. This Capital Facilities Plan establishes a "standard of service" in order to ascertain current and future capacity. While the State Superintendent of Public Instruction establishes square footage guidelines for capacity, those guidelines do not account for the local program needs in the District. The Growth Management Act, King County and City codes and ordinances authorize the District to make adjustments to the standard of service based on specific needs for students of the District This Plan includes the standard of service as established by Kent School District. Program capacity is based on an average capacity and updated to reflect changes to special programs served in each building. Relocatables in the capacity calculation use the same standard of service as the permanent facilities. (continued) Kent School District Six-Year Capital Facilities Plan April 2007 Page 2 I Executive Summary (continued) The capacity of each school in the District is calculated based on the District standard of service and the existing inventory, which Includes some relocatable classrooms. The District's program capacity of permanent facilities reflects program changes and the reduction of class size to meet the requirements of Student Achievement Initiative 728. Relocatables provide additional transitional capacity until permanent facilities are completed. Kent School District is the fourth largest district in the state. Enrollment is electronically reported monthly to the Office of the Superintendent of Public Instruction (OSPI) on Form P-223. Although funding apportionment is based on Annual Average Full Time Equivalent (AAFTE), Enrollment on October 1 is a widely recognized "snapshot in time" that is used to report the District's enrollment for the year. P-223 Headcount for October 1, 2006 was 26,996. P-223 FTE (Full Time Equivalent) enrollment was 25,864 47 (FTE reports Kindergarten at .5 and excludes Early Childhood Education [ECE] and college-only Running Start students.) The actual number of individual students per the October 2006 full head count was 27,590. (Full Headcount reports all enrolled students at 1.0 including Kindergarten, ECE and college-only Running Start students.) The District's standard of service, enrollment history and projections, and use of transitional facilities are reviewed in detail in various sections of this Plan. The District plans to continue to satisfy concurrency requirements through the transitional use of relocatables. A financing plan is included in Section V I I I which demonstrates the District's ability to implement this Plan. Pursuant to the requirements of the Growth Management Act, this Plan will be updated annually with changes in the fee schedules adjusted accordingly. I i ' Kent School District six-Year Capital Facilities Plan April 2007 Page 3 I I Six -Year Enrollment Projection For capital facilities planning, growth protections are based on cohort survival and student yield from documented residential construction projected over the next six years. (see Table 2) The student generation factor, as defined on the next page, is the basis for the growth projections from new developments. King County births and the District's relational percentage average were used to determine the number of kindergartners entering the system. (See Table 1) 8.235% of 21 ,863 King County live births in 2002 is forecast for 1,800 students (900 FTE @ .5) expected in Kindergarten for October 1, 2007. Together with proportional growth from new construction, 8 235% of King County births is equivalent to the number of students projected to enter kindergarten in the district for the next six-year period (see rableg) Early Childhood Education students (sometimes identified as "Preschool Special Education [SE] or handicapped students") and non-disabled peer models are forecast and reported separately. Capacity is reserved to serve that program at seven elementary schools. Full day kindergarten programs are provided at most elementary schools with alternative funding for the second half of the day. The first grade population is traditionally 7 - 8% larger than the kindergarten population due to growth and transfers to the District from private kindergartens. Cohort survival method uses historical enrollment data to forecast the number of students projected for the following year. Near term projections assume some growth from new developments to be offset by current local economic conditions. With notable exceptions, the expectation is that enrollment increases will occur District-wide in the long term. District projections are based on historical growth patterns combined with continuing development of protects in the pipeline dependent on markettgrowth conditions. The District will continue to track new development activity to determine impact to schools and monitor conditions to reflect adjustments in this assumption The six-year enrollment projection anticipates moderate enrollment growth from new development currently in some phase of planning or construction in the district. Information on new residential developments and the completion of these proposed developments in all jurisdictions may be considered in the District's future analysis of growth projections. Within practical limits, the District has kept abreast of proposed developments. 1 The Kent School District serves seven permitting jurisdictions: unincorporated King County, the cities of Kent, Covington, and Auburn and small portions of the cities of Renton, SeaTac, and Maple Valley. The west Lake Sawyer area of Kent School District is in the city of Black Diamond. (Continued) Kent School District Six-Year Capital Facilities Plan April 2007 Page 4 I I Six -Year Enrollment Projection (Continued) STUDENT GENERATION FACTOR "Student Factor" is defined by King County code as "the number derived by a school district to describe how many students of each grade span are expected to be generated by a dwelling unit" based on district records of average actual student generated rates for developments completed within the last five years. Following these guidelines, the student generation factor for Kent School District is as follows: Single Family Elementary .444 Middle School .148 Senior High .252 Total .844 Multi-Family Elementary .293 Middle School .058 Senior High .094 Total .445 The student generation factor is based on a survey of 3,746 single family dwelling units and 1,283 multi-family dwelling units with no adjustment for occupancy rates. Please refer to Appendix E on Pages 35-36 of the Capital Facilities Plan for details of the Student Generation Factor survey. The actual number of students in those residential developments was determined using the District's Education Logistics (EDULOG) Transportation System. I i Kent School Distnct Six-Year Capital Facilities Plan Apnl 2007 Page 5 9 CD CID o r— o M (O 0 0r ID N N r m cv O r o N O M N IA O O n O Ill 00 m c O Ir N O 00O m O O O r N N n N aD V Ill m (V r N r N N N N N N N N N m m J N r 0) S @ �$ rl- OD o W r N V o a O M n M m ID m N O r M M O (D N m lD O M O n m n m m c O V �j m m m O O N N n Cl I() m N N r r N N N N N N N r N Ip J A n m o In o n N V m M r In In (D o A M N N O M a-- V N O ^ O O O m m M O O r N N n M n m @ a O N 00 m r r N N N N N N N N r : N m $ Q m N N J m CL M � Go 0 0 (D p m 0 O D o o o w 0 MY � OD O) m O O N ce) M V Ov Zm m O cli00 04 r '- r N nl c C$N N N (V r r N C) w C m S N (O o u1 (M al'1 Lr)I rOO to 00 O M N o m O N C m N r co r r N N N N N N N N r N m ,2 O C N r pry m 07 mC M N ID me O O (D O M N R) O M O 04 M N N CI MM < NZ Co O 1C N N « w 04 O � m o m Ln 00 lD r t0 e0 M 00 M O N O m m Y > > } O CO rn N tp m W ID ID O M O ^ n M M o0 c O O O Cl O N O N O N n V N O j m (v r N N N 0NO0 NO OrN NN 00 NfOOD m Z aUO CnC31 HooO p o NM mN V) to N00 r N N N N N ^Ca cl; m 0 0 Z m Z W OrQ)• N o aaN Y M n ' N) r kO1f Ypt y l0 0) N W NpO N N N N N N Id H O O 00 00 M O0 m C f H 0) OZ c o o 00 os 0) 0) n rm W CO 00 N N N N N N rr N L N W � VtpLp w w .0 O F„ O O c ^ R N m N r r M r r (0 N t0 N I— O v o a) rn o rn rn OD rn rn m v S 0 a go V a m r N OO N N r N v V m cm Lp CS Y M21 H N O00 ' IOn N N OOf N a tOp O roi N 0p d 81 v N Z a =_ O fh m m Of O m O M m m m co n to c 1'l N v m a W m N 00 N N N v N p N U Y W rn r N o n n ID N m ID CD N O O m OD v N v m O m n (�rpp M 0) ara m r �} 00 O m 0 m M O n W �l H 0 c O ! V m m lA m O1 OD m Cf) 00 CO (o N M O 8 m N OD r r r r N tq C N Y N N S a mE r• N OO N m n w m (D CO Og Cl)OD M v M o D m Cl) M In am vw0) Np to o tD ao mM. (hN N N °J' oIL C Q W 0 n p C N o cli m r0)• N IO NhOr N . O) N 3n aL RN 00 (0O NON 0) 0 0 m m W (Qto V O m DH I N m I+j @ N y W N � y 0 = a 0) o MIp v (o (D ID r r N M O OD N O O ID N L — rn v 00 o n O) V V O m o$ g U g 3 O V Oi Oi_ N m (O. tD V V N n L LL (3 r r r 0 L)r N °� 0 J N H y N a rn O N o N M V M N m V I() M 00O N m O` LLIm m N @ cct ° N r1l r0) OD i) MN M D a c u c) mJ r• r r a-- r r r r �- r r r N 0) Y� % j Y N _ V 9 ) t 0 ry ry L L t (p p 0 (n r E H y Ol [T « ul O. m > E C t) 2" N S S gp p� of S J `c O Z O O ^ d H U N N n W > m c c 0 0 c a 0 CJC F 0 � _E E `- E Do tL 0 0 N r N Cl)Oh 'V U) m n CD O '� N o Q c N N 0 b m m m W 0 N C) N C) N C) N N N N N C) W I~i O�i C M W p N o y c c N N N N N co N ro m m N m N to m E r H a Fi m 4 4 Y U' C7 C� C7 U' (7 C7 C7 C9 (9 C) 0 (D KENT SCHOOL DISTRICT No. 415 SIX -YEAR F.T.E. ENROLLMENT PROJECTION LB in 2001 LS in 2002 LB in 2003 LB in 2004 LB in 2005 LB in 2006 LB in 2007 ACTUAL P R 0 1 E C T t N October 2006 2007 1 2008 L2009 2010 2011 2012 King County Live Births 21,778 21,863 22,431 22,874 22,680 23,500 23,600 ' Increase!Decrease -709 85 568 443 -194 820 100 Kindergarten/ Birth % 2 8 22% 8 23% 8 24% 8 24% 8 24% 8 24% 8 24% 213 Kindergarten FTE @ .5 895 900 924 942 934 968 972 , Grade 1 2,003 1,900 1,928 1,979 2,017 2,000 2,072 Grade 2 1,998 2,062 1,954 1,983 2,035 2,073 2,056 Grade 3 2,026 2,032 2,117 2,007 2,037 2,090 2,128 Grade 4 2,015 2,082 2,097 2,184 2,071 2,102 2,156 Grade 5 2,051 2,031 2,125 2,140 2,228 2,114 2,145 Grade 6 2,101 2,082 2,083 2,179 2,194 2,284 2,168 Grade 7 2,205 2,153 2,146 2,147 2,245 2,260 2,352 Grade 8 2,254 2,270 2,216 2,209 2,210 2,310 2,325 Grade 9 2,772 2,709 2,751 2,686 2,677 2,679 2,799 Grade 10 2,212 2,329 2,312 2,347 2,292 2,285 2,286 Grade 11 1,881 1,912 2,077 2,061 2,092 2,044 2,038 Grade 12 1,451 1,487 1,617 1,754 1,741 1,767 1,727 Total FTE Enrollment 25,864 25,949 26,347 26,618 26,773 26,976 27,224 Note 213/4 Yearly Increase 55 85 398 271 155 203 248 Yearly Increase % 0 21% 0 33% 1 53% 1.03% 0 58% 0 76% 0 92% Cumulative Increase 55 140 538 809 964 1,167 1,415 Full Time E uivalent (FTE) 25,864 1 25,949 1 26,347 1 26,618 1 26,773 1 26,976 1 27,224 ' Kindergarten enrollment protection is based on KSD percentage of live births in King County five years previous 2 Kindergarten FTE protection at 5 is calculated by using the District's previous year percentage of King County births 5 years earlier compared to actual kindergarten enrollment in the previous year (Excludes ECE-Early Childhood Education) 3 Kindergarten protection is at 5 FTE although most schools provide Full Day Kindergarten with alternative funding 4 Oct 2006 P223 FTE is 25,864&Headcount is 26,996 Full student count with ECE Preschool&Running Start=27,590 G R O W T H P R O J E C T I O N S - Adjustments for current economic factors For facilities planning purposes, this six-year enrollment projection anticipates moderate enrollment growth from new development currently in some phase of planning or construction in the district. Kent School District Six-Year Capital Facilities Plan Table 2 April 2007 Page 7 IIII Current Kent School District "Standard of Service" In order to determine the capacity of the District's facilities, King County Code 21A.06 refers to a "standard of service" that each school district must establish in order to ascertain its overall capacity. The standard of service Identifies the I program year, the class size, the number of classrooms, students and programs of special need, and other factors determined by the District which would, in the District's judgment, best serve the student population. 1 This Plan Includes the standard of service as established by Kent School District. The District has Identified schools with significant special needs programs as "impact" schools and the standard of service targets a lower class size at those facilities. Relocatables included in the capacity calculation use the same standard of service as the permanent facilities. (See appendix a, a & c) The standard of service defined herein may continue to change in the future. Kent School District is continuing a long-term strategic planning process combined with review of changes to capacity and standard of service adjustments to meet the requirements of Student Achievement Initiative 728. This process will affect various aspects of the District's "standard of service" and future changes will be reflected in future capital facilities plans. Because the funding for Initiative 728 is incremental, implementation of the Initiative is also incremental and may result in annual changes to school capacity. Current Standards of Service for Elementary Students Class size for Kindergarten should not exceed an average of 22 students. Class size for grades 1 - 4 should not exceed an average of 23 students. Class size for grades 5 - 6 should not exceed an average of 29 students. Program capacity for general education elementary classrooms is calculated at an average of 24 students per classroom because of fluctuations between primary and intermediate grade levels (i.e. third/fourth or fourth/fifth grade split classes, etc.). Most elementary schools provide full day kindergarten programs (FDK or KAI — Full Day Kindergarten or Kindergarten Academic Intervention) with the second half of the day funded by grants or tuition. Students have scheduled time in a computer lab. Students may also be provided music instruction and physical education in a separate classroom or facility. Special Education for students with disabilities may be provided in a self- contained classroom with a capacity of 10-15 depending on the program. (continued) Kent School Distnct Six-Year capital Fatalities Plan Apnl 2007 Page 8 1 III Current Kent School District "Standard of Service" (continued) Identified students will also be provided other educational opportunities in i classrooms for programs such as those designated as follows: English Language Learners (E L L) j Self-contained Special Education Support Center Programs (SC) Integrated Programs & Resource Rooms (for special remedial assistance) Early Childhood Education (ECE) (3-4 yr. old students with disabilities) School Adjustment (SA) Program for severely behavior-disordered students Speech & Language Therapy & Programs for Hearing Impaired students Adaptive Support Center for Mild, Moderate & Severe Disabilities (ASC-DD) Occupational & Physical Therapy Programs (OT/PT) Developmental Kindergarten in SC Programs Kindergarten Academic Intervention Program (KAI-Full Day Kindergarten) Education for Disadvantaged Students (Title I) Learning Assisted Programs (LAP) District Remediation Programs Education for Highly Capable Students (formerly "Gifted" Program) Some of the above special programs require specialized classroom space, as well as music and physical education classrooms, computer labs, etc.; thus, the permanent capacity of some of the buildings housing these programs is reduced. Some students, for example, leave their regular classroom for a short period of time to receive instruction in these special programs and "pull-out' space must be allocated to serve these programs. Some newer buildings have been constructed to accommodate most of these programs; some older buildings have been modified, and in some circumstances, these modifications reduce the classroom capacity of the buildings When programs change, program capacity fluctuates and is updated annually to reflect the change in program and capacity. Current Standards of Service for Secondary Students The standards of service outlined below reflect only those programs and educational opportunities provided to secondary students which directly affect the capacity of the school buildings. Reductions have been made in 7th and 10th grade English classes for Initiative 728. These standards are subject to change pending annual updates based on staff and public review for changes funded by Student Achievement Initiative 728. Class size for grades 7 - 8 should not exceed an average of 29 students. i Class size for 7th & 10th grade English class should not exceed an average of 25 students. Class size for grades 9 - 12 should not exceed an average of 31 students. Special Education for students with disabilities may be provided in a self- contained classroom with a capacity of 10-15 depending on the program. (cont'd ) Kent School District Six-Year Capital Facilities Plan April 2007 Page 9 III Current Kent School District "Standard of Service" (continued) ' Identified students will also be provided other education opportunities in classrooms for programs designated as follows: Computer, Multimedia &Technology Labs and Programs English Language Learners (E L L) III Science Programs & Labs — Biology, Chemistry, Physics, Oceanography, Astronomy, Meteorology, Marine Biology, General Science, etc Integrated Programs & Resource Rooms (for special remedial assistance) Basic Skills Programs Child Development Preschool and Daycare Programs Music Programs — Band, Orchestra, Chorus, Jazz Band, etc Art Programs — Painting, Design, Drawing, Ceramics, Pottery, Photography, etc Theater Arts— Drama, Stage Tech, etc. Journalism and Yearbook Classes Highly Capable (Honors or Gifted) and Advanced Placement Programs International Baccalaureate Program Night Academy— Evening classes for credit retrieval program Traffic Safety Education Transition Outreach Program for 18-21 year old Special Education students JROTC - Junior Reserve Officers Training Corps Variety of Career & Technical Education Programs (CTE-Vocational Education) ' Family & Consumer Science — Cooking, Sewing, Child Development, etc Health Sciences, Sports Medicine, etc. Business Education — Keyboarding, Accounting, Business Law, DECA, I FBLA (Future Business Leaders), Sales & Marketing, etc Material Sciences — Woods and Cabinet Making, Metals, Welding, Electronics, Auto Shop, Manufacturing Technology, Machine Shop, CAD, (Computer-aided Design) Drafting & Drawing, etc Culinary Arts, Graphic & Commercial Arts, Engineering, etc. Many of these programs and others require specialized classroom space which can reduce the permanent capacity of the school buildings In addition, an alternative home school assistance, choice and transition programs are provided for students in grades K - 12 at Kent Mountain View Academy. Space or Classroom Utilization As a result of scheduling conflicts for student programs, the need for specialized rooms for certain programs, and the need for teachers to have a work space during their planning periods, it is not possible to achieve 100% utilization of regular teaching stations at secondary schools. Based on the analysis of actual utilization of classrooms, the District has determined that the standard utilization rate is 85% for secondary schools. Program capacity at elementary schools reflects 100% utilization at the elementary level with adjustments for pull-out programs served in relocatables. In the future, the District will continue close analysis of actual utilization. Kent School Distnct Six-Year Capital Facilities Plan April 2007 Page 10 1 T I V Inventory and Capacity of Existing Schools Currently, the District has permanent program capacity to house 27,598 students and transitional (relocatable) capacity to house 1,412. This capacity is based on the District's Standard of Service as set forth in Section I I I. Included in this Plan is an inventory of the District's schools by type, address and current capacity. (See Table 3 on Page 12) The program capacity is periodically updated for changes in programs, additional classrooms and new schools Program capacity has been updated in this Plan to ' reflect program changes. It has also been updated to report new capacity for building additions at the high schools and updated program capacity for Mill Creek Middle School. Program capacity also reflects adjustments for the Student Achievement Initiative 728 reduction in class size The class size reduction received voter approval in the Educational Programs and Operations Levy as well as through funding for Student Achievement Initiative 728. The District will conduct annual public review and update class size recommendations in accordance with the requirements and incremental funding of Student Achievement Initiative 728. Kent Mountain View Academy (formerly Kent Learning Center and Grandview Elementary) serves grades Kindergarten through 12 with transition, choice and home school assistance programs. It is located in the former Grandview School in the western part of the District in the city of SeaTac. This school was originally designed as an elementary school and is included in the elementary capacity for this Plan. Calculation of Elementary, Junior High and Senior High School capacities are set forth in Appendices A, B and C. A map of existing schools is included on Page 13. Kent School Distnct Six-Year Capital Facilities Plan April 2007 Page 11 KENT SCHOOL DISTRICT No.415 INVENTORY and CAPACITY of EXISTING SCHOOLS 2006-2007 Year SCHOOL Opened ABR ADDRESS Program Capacity' Carnage Crest Elementary 1990 CC 18235-140th Avenue SE, Renton 98058 452 Cedar Valley Elementary 1971 CV 26500 Timberlane Way SE, Covington 98042 402 Covington Elementary 1961 CO 17070 SE Wax Road, Covington 98042 498 Crestwood Elementary 1980 CW 25225-180th Avenue SE, Covington 98042 456 1 East Hill Elementary 1953 EH 9825 S 240th Street, Kent 98031 464 Emerald Park 1999 EP 11800 SE 216th Street, Kent 98031 504 Fanwood Elementary 1969 FIN 16600-148th Avenue SE, Renton 96058 408 George T Daniel Elementary 1992 DE 11310 SE 248th Street Kent 98031 450 Glenndge Elementary 1996 GR 19405-120th Avenue SE,Renton 98058 456 Grass Lake Elementary 1971 GL 28700-191st Place SE, Kent 98042 452 Horizon Elementary 1990 HE 27641 -144th Avenue SE, Kent 98042 504 ' Jenkins Creek Elementary 1987 JC 26915-186th Avenue SE, Covington 98042 398 Kent Elementary 1999 KE 24700-64th Avenue South, Kent 98032 464 Lake Youngs Elementary 1965 LY 19660-142nd Avenue SE, Kent 98042 524 Martin Sortun Elementary 1987 MS 12711 SE 248th Street, Kent 98031 474 Meadow Ridge Elementary 1994 MR 27710-108th Avenue SE,Kent 98031 464 Meridian Elementary 1939 ME 25621 -140th Avenue SE, Kent 98042 524 Millennium Elementary 2000 ML 11919 SE 270th Street, Kent 98031 498 Neely-O'Bnen Elementary 1990 NO 6300 South 236th Street, Kent 98032 440 Panther Lake Elementary 1938 PL 20831 -108th Avenue SE, Kent 98031 396 Park Orchard Elementary 1963 PO 11010 SE 232nd Street, Kent 98031 480 Pine Tree Elementary 1967 PT 27825-118th Avenue SE, Kent 98031 522 Ridgewood Elementary 1987 RW 18030-162nd Place SE, Renton 98058 504 Sawyer Woods Elementary 1994 SW 31135-228th Avenue SE,Kent 98042 504 Scenic Hill Elementary 1960 SH 26025 Woodland Way South, Kent 98031 464 Soos Creek Elementary 1971 SC 12651 SE 218th Place, Kent 98031 408 Spnngbrook Elementary 1969 SB 20035-100th Avenue SE, Kent 98031 398 Sunrise Elementary 1992 SR 22300-132nd Avenue SE, Kent 98042 504 Elementary TOTAL 13,012 Cedar Heights Middle School 1993 CH 19640 SE 272 Street,Covington 98042 923 Mattson Middle School 1981 MA 16400 SE 251st Street, Covington 98042 804 Meeker Middle School 1970 MK 12600 SE 192nd Street, Renton 98058 890 Meridian Middle School 1958 MJ 23480-120th Avenue SE, Kent 98031 790 Mill Creek MS(former Kent Jr HQ 2 2005f 1952 MC 620 North Central Avenue, Kent 98032 828 Northwood Middle School 1996 NW 17007 SE 184th Street, Renton 98058 972 Sequoia Middle School 1966 SJ 11000 SE 264th Street, Kent 98031 771 Middle School TOTAL 5,978 Kent-Mendian Senior High School 1951 KM 10020 SE 256th Street, Kent 98031 1,772 Kentlake Senior High School 1997 KL 21401 SE 300th Street,Kent 98042 1,986 Kentridge Senior High School 1968 KR 12430 SE 208th Street, Kent 98031 2,297 Kentwood Senior High School 1981 KW 25800-164th Avenue SE, Covington 98042 2,137 Senior High TOTAL 8,192 iKent Mountain View Academy 3 1965 LC 22420 Military Road, Des Moines 98198 416 DISTRICT TOTAL 27,598 Changes to capacity reflect program changes and new budding additions at high schools 2 Kent Junior High was closed for 2004-05 for remodel and re-purpose It re-opened in 2005 as Mill Creek Middle School 3 Kent Mountain View Academy serves grades K-12 The school was formerly known as Kent Leaming Center&Grandview Elementary Kent School District Six-Year Capital Facilities Plan Table 3 April 2007 Page 12 LO i ' 0 Z 0 V V 0 m v � 0) - C %- � vE o c N 0 � ►- 0)>CD a � Q7 0 \� 0 0 0 m ry _ 0 m � C 0 ° N 0 mm C 0 .= � 0 m a ti r IZ £ .c z aVUVU °,o m= 3 Ym W V C5 U V �D c °� o m[ CX� _C V TO T „m 5 00 CD E• Y j ��' (L// W U� Ice Y Y ` UW m • m mE YT m y2Q CO Z, H m p t Oa o • mUE Y 08 L ap E >m $ CN OG W °m h e� a om r3� U— N 'a Z. • C 1'D cL •w r p2 -0-6j a 9P�� Y r m m• O L Y • • pp� V) C 'O m L`n r 3S end 41491 Cw Z Oo -0> 2op Z H m TOE �g(b /L�� • E Y L o mE to °o 0 1. uw Qm T 0E E T �w m mo N mE •`o _ • R y� C_ t �m � V U104f C a) •w 06 3S an m� c y Nv H =E m° TO •w =w V o 4) m o m o 3S anV PUZC L o r E o 3S anVTPULe t Q E _n o m- c o c 10 c m`rn yTyw �° °om •=`m �w a mm OO OO •Dro Yx a°o • 9 2�w U o • c2 aw cn o �w aN y oEo• wm o r vE° • cn Q to m u o C 02 EW mE -C L -w N� Q C Cl� O C 00 �m -2� coo 3S end 4140E ccE o IE w 04) o m • Z. -E wm� uy w W G Cn Y Um D OE N cor\ iH !p eny Iwyua� 9 'TO o M48Fr Z� ApmUBIH Aello�1seM • m• m0 mp cc c OT'cm E U , 3 OE 2 To yh LE ° m coo Kg�t.O Y�Q • 4 940me4lat Kent School District Six-Year Capital Facilities Plan April 2007 Page 13 V Six-Year Planning and Construction Plan At the time of preparation of this Plan in spring of 2007, the following protects are completed or in the planning phase in the District. I • Additions to three high schools have added capacity for students from new development and 91h Grade students moving to high schools Voters recently approved funding for additional classroom capacity to be added at Kentlake and Kent-Meridian High Schools • Reconfiguration to 7ih and 8`"grades provides additional capacity at middle schools The Board has approved renovation and re-configuration of Sequoia Middle School to provide capacity for approximately 350 high school students at a new non-traditional high school, Kent Phoenix Academy in 2007-08 • Kent Junior High was temporarily closed for one year in 2004-05 for re-purpose and remodel In 2005, the school was renamed and opened in September 2005 as Mill Creek Middle School (# 7a)which also serves the 7-8 Kent Technology Academy program The voters have approved funding for Phase I I of the renovation of Mill Creek MS • In February 2006, voters approved construction funding for replacement of Panther Lake Elementary School and a future new Elementary School to accommodate new growth • Enrollment protections reflect future need for additional capacity at the elementary and high school level Future facility and site needs are reflected in this Plan. • A new site is being acquired for replacement of Panther Lake Elem Sites for potential future schools and facilities are listed in Table 4 and shown on the site map on page 16 • Some funding is secured for purchase of additional portables and some funding may be >� provided by impact fees as needed Sites are based on need for additional capacity County and city planners and decision-makers are encouraged to consider safe walking conditions for all students when reviewing applications and design plans for new roads and developments. This should include sidewalks for pedestrian safety, as well as pull- outs and turn-arounds for school buses. Included in this Plan is an inventory of potential protects and sites identified by the District which are potentially acceptable site alternatives in the future. (see Table at Voter approved bond issues for $105 4M in 1990 and $130M in 1994 included funding for the purchase of eleven sites for some of these and future schools, and the sites acquired to date are included in this Plan. Some funding is secured for purchase of ' additional sites but some may be funded with impact fees as needed Not all undeveloped properties meet current school construction requirements and some property may be traded or sold to meet future facility needs. 2006 voter approval of $106M bond issue for capital improvement included the construction funding for a new elementary school, replacement of Panther Lake Elementary, and classroom additions to high schools Some impact fees will also be applied to those protects. Student Achievement Initiative 728 funds are being utilized to reduce class size and provide extended learning opportunities Based on community input at public hearings, the Board will continue annual review of standard of service and those decisions will be reflected in the each update of the Capital Facilities Plan. Kent School District Six-Year Capital Facilities Plan April 2007 Page 14 KENT SCHOOL DISTRICT No. 415 Site Acquisitions and Projects Planned to Provide Additional Capacity Projected Projected %for SCHOOL ! FACILITY / SITE LOCATION Type Status Completion Program new , Date Capacity Growth n ADproximte Approximate Map ELEMENTARY (Numbers assigned to future schools may not correlate with number of existing schools) 13 Replacement for Panther Lake Elementary(F) SE 216th Street&102nd Ave SE Replacement Planning 2009 500 20% Panther Lake Elementary Replaced in 2009 SE 208 Street&108th Ave SE Replacement Planning 2009 -396 Elementary#31 (Funded) To be determined 2 New Planning 2012 500 100% Elementary Site (Unfunded) To be determined 2 Site Planning 2008 500 100% MIDDLE SCHOOL 1 Sequoia Middle School Renovation&Reconfiguration Renovation Planning 2007 -771 for Kent Phoenix Academy SENIOR HIGH Classroom additions at three High Schools Kent-Meridian Additions Utilized 2004-07 386 75% for growth&reconfiguration (Funded) Kentridge Additions Utilized 2004-07 1,000 75% Kentwood Additions Utilized 2004-07 896 75% New Non-traditional High School Former Sequoia Middle School Kent Phoenix Academy (Funded) 11000 SE 264th Street,Kent Renovation Planning 2007-08 350 100% Classroom additions at Kentlake High School (F) 21401 SE 300th Street,Kent Additions Planning 2008 171 100% Classroom additions at Kent-Meridian HS (F) 10020 SE 256th Street,Kent Additions Planning 2009 79 100% Additional TEMPORARY FACILITIES Capacity Relocatables For placement as needed New Planning 2006+ 24-31 each 100% SUPPORT FACILITIES Bus Facility (Unfunded) Near Kent-Meridian High School New Planning TBD 2 N/A non Land Use Map 3 OTHER SITES ACQUIRED Type Jurisdiction 4 Covington area North (Near Mattson MS) SE 251 & 164 SE, Covington 98042 Elementary City of Covington 7 Covington area South (Scarsella) SE 290&156 SE, Kent 98042 Elementary King County 5 Covington area West (Halleson-Wikstram) 15435 SE 256 Street, Covington 98042 TBD 2 City of Covington 3 Ham Lake area (Pollard) 16820 SE 240, Kent 98042 Elementary King County 8 SE of Lake Morton area (West property) SE 332&204 SE, Kent 98042 Secondary King County 2 Shady Lk area(Sowers,Blaine,Drahota,Parohne) 17426 SE 192 Street, Renton 98058 Elementary King County 1 So King Co Activity Center(Nike site) SE 167&170 SE, Renton 98058 TBD' King County 12 South Central site (Plemmons-Yeh-Wms) SE 286th Street&124th Ave SE,Kent TBD' King County Notes ' Unfunded facility needs will be reviewed in the future 2 TBD-To be determined-Some sites are acquired but placement, timing and/or configuration have not been determined 3 Numbers correspond to sites on Map on Page 16 Other site locations are parcels identified in Table 7 on Page 26 Kent School District Six-Year Capital Facilities Plan Table 4 April 2007 Page 15 L0 O en I Z 0 °$ N 0 •Cr �• ° w •° mE 4�7a c aim £O a vw ^ no z C� n i 0 r� Y2 w ii =_m o mr 6 C Ow N C 00 D et O° }� ma U: w of L YF p0 C Ow J �E• Y $Z 2 • Dm `c 2°p mW Y Fm ) • m m0 �mr Cr v mm Q O CAE O)_QD Q�Q Yw L • 'Um C O pm p- E Cm M m �p Om OL w Um � C •w Dr • E © 0_ 8� so m r>� a�a mwEfi 3L .0z ° 3c aE Lv�Ji p N 3S anV U1V9L aF C tOm L C p f� Z D O IAr 02 { 0E• Cr Y i m oy (DE y pa o ow L Ty I wmouwo i V O yL•�cmw`sw•, DYd •m-w«a y aE E f�• C Omm 5V C L �w a bToo y Q •E Sw m 3S anV PUZSL C_ 3 enCV .rz P UZE L pg r OL m m° CD 60 WE $m m �-Emm mEma Em n O,E � 0C •D • 0 D� Cm= NNW -"• c awmE o E a E E y 1 w c °u E C •w p= Ym c+ cE �U 3S anV 4y901 a=r m•' dW h am a Y Op �m 00 NE m =r `coo• 3S enV 48'OL m �D• £E•mu® -.0 0 y= U H m �E 0-2 £a of °o_ m •r L vJ°w 2� W EY _ N mm cm UD 00E y !D! • enV IDJIUOO c �O 34@ ry ZN ADmU IN AepDn yse/y� • c• mp yC QC m N mm W l/1 � Z W 0\0� cE 1 � o _ Y�Q • S a1DySJ9yU1 Kent School District Six-Year Capital Facilities Plan April 2007 Page 16 V I Relocatable Classrooms For the purpose of clarification, the term "portables" and the more descriptively accurate term, "relocatables" are used Interchangeably in this Plan. The Plan also references use of portables or relocatables as Interim or transitional capacity/facilities. Currently, the District utilizes 132 total relocatables to house students in excess of permanent capacity, for program purposes at school locations, and six for other purposes. (See Appendices BCD) Based on enrollment projections, program capacity and funded permanent facilities, the District anticipates the need to purchase some additional relocatables during the next six-year period. The continually escalating cost of moving relocatables will increasingly limit the choice between building new relocatables on site and relocating older ones. During the time period covered by this Plan, the District does not anticipate that all of the District's relocatables will be replaced by permanent facilities. During the useful life of some of the relocatables, the school-age population may decline in some communities and increase in others, and these relocatables provide the flexibility to accommodate the immediate needs of the community. Portables, or relocatables, may be used as interim or transitional facilities: 1. To prevent overbuilding or overcrowding of permanent school facilities. 2. To cover the gap between the time of demand for increased capacity and completion of permanent school facilities to meet that demand. 3. To meet unique program requirements. Relocatables currently in use will be evaluated resulting in some being improved and some replaced. Quality concerns will be among those addressed by the next Community Facilities Planning Committee for review of capital facilities needs for the next bond issue. The Plan projects that the District will use relocatables to accommodate interim housing needs for the next six years and beyond. The use of relocatables, their impacts on permanent facilities, life cycle and operational costs, and the interrelationship between relocatables, emerging technologies and educational restructuring will continue to be be examined. Kent School District six-Year Capital Facilities Plan April 2007 Page 17 V I I Projected Six-Year Classroom Capacity As stated in Section I V. the program capacity study is periodically updated for changes in special programs and reflects class size fluctuations in Grades K - 4. As shown in the Inventory and Capacity chart in Table 3 on Page 12, the I program capacity is also reflected in the capacity and enrollment comparison charts. (See Tables 5&5 A-B-C on pages 19-22) Enrollment is electronically reported to OSPI on Form P-223 on a monthly basis and funding apportionment is based on Annual Average FTE (AAFTE) The first school day of October is widely recognized as the enrollment count date for the year. Full Time Equivalent (FTE) student enrollment for October 2006 was 25,864.47 which represents an increase of 55 FTE over the previous October. Kindergarten students are counted at .5 and P-223 FTE excludes Early Childhood Education students (ECE - preschool special education) and College-only Running Start students (See Tables 5&5 A-B-Con pages 19-22) In October there were 589 students in 11th and 12th grade participating in the Running Start program at 9 different colleges and receiving credits toward both high school and college graduation 300 of these students attended classes only at the college ("college-only") and are thus excluded from the FTE and headcount for capacity and enrollment comparisons. Kent School District continues to be the fourth largest district in the state of I Washington. P-223 Headcount for October 2006 was 26,996 with kindergarten students counted at 1.0 and excluding ECE and college-only Running Start students. A full headcount of all students enrolled in October 2006 totals 27,590 ' which includes ECE and college-only Running Start students. Based on the enrollment forecasts, current inventory and capacity, current standard of service, relocatable capacity, and future planned additional classroom space, the District anticipates having sufficient capacity to house students over the next six years. (See Table 5 and Tables 5 A-B-C on Pages 19-22) This does not mean that some schools will not experience overcrowding. There may be significant need for additional portables and/or new schools to accommodate growth within the District and class size reduction mandated under Student Achievement Initiative 728 Some schools, by design, may be opened with relocatables on site. Boundary changes, limited movement of relocatables, zoning changes, market conditions, and educational restructuring will all play a major role in addressing overcrowding and underutilization of facilities in different parts of the District. Kent School District Six-Year Capital Facilities Plan April 2007 Page 18 t KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY TOTAL DISTRICT 1 SCHOOL YEAR 2006-2007 2007-2008 1 2008-2009 1 2009-2010 1 2010-2011 2011-2012 1 2012-2013 Actual P R O J E C T E D Permanent Program Capacity' 24,488 27,598 27,177 27,348 27,531 27,531 27,531 Chan es to Permanent Capacity ' Classrooms added at 3 high schools(F) Kent-Mendian-Kentndge-Kentwood Estimated Program Capacity 2,282 Classroom additions at Kentlake&Kent-Mendlan(F) 171 79 d Sequoia Middle School will be renovated and reconfigured as Kent Phoenix Academy High School In 2007-08 Change to Middle School Capacity -771 , 4 Kent Phoenix Academy High School replaces Sequoia Middle School in 2007-08 High School Program Capacity added 350 5 Mill Creek MS Renovation-Phase 2 828 Replacement with increased capacity for -396 Panther Lake Elementary(Funded) 500 Elementary#31 (Funded) 500 Permanent Program Capacity Subtotal 27,598 27,177 27,348 27,531 27,531 27,531 28,031 Intenm Relocatable Capacity Elementary Relmatable Capacity Required 0 0 0 0 0 120 0 Middle school Relocatable Capacity Required 0 0 0 0 0 0 0 Senor High Relocatable Capacity Required 155 0 62 62 31 0 62 Total Relocatable Capacity Required'&s 155 0 62 62 31 120 62 TOTAL CAPACITY ' 27,753 1 27,177 1 27,410 1 27,593 1 27,562 1 27,651 1 28,093 TOTAL FTE ENROLLMENT/PROJECTION z 25,864 25,949 26,347 26,618 26,773 26,976 27,224 DISTRICT AVAILABLE CAPACITY 1,889 1,228 1,063 975 789 675 869 1 Capacity is based on standard of service for program capacity and updated penodically to reflect program changes. 2 FTE=Full Time Equivalent Enrollment (i a 1/2 day Kindergarten student= 5) 3 In Fall 2004,9th grade moved to the high schools which provided increased capacity at Middle School level 4 Sequoia Middle School will be renovated and reconfigured as Kent Phoenix Academy High School in 2007-08 5 Phase I I of renovation continues for Mill Creek Middle School&Kent Technology Academy e 2006-2007 total classroom relocatable capacity is 1,412 Kent School Distnct Six-Year Capital Facilities Plan Table 5 April 2007 Page 19 KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY SENIOR HIGH - Grades 9 - 12 SCHOOL YEAR 2006-2007 2007-2008 1 2008-2009 1 2009-2010 1 2010-2011 2011-2012 1 2012-2013 Actual P R O J E C T E D Senior High Permanent Capacity' 1 5,910 8,192 8,542 8,713 8,792 8,792 8,792 Changes to High School Capacity Classrooms added at three high schools(Funded) Kent-Meridian-Kentndge-Kentwood Program capacity 2,282 a Kent Phoenix Academy-New Non-traditional High School added through renovation of Sequoia Middle School Estimated program capacity 350 Classroom additions at Kentlake High School(F) 171 Classroom additions at Kent-Meridian High School and KM Technology Academy°(F) 79 jsubtotal 8,192 8,542 8,713 8,792 8,792 8,792 8,792 iRelocatable Capacity Required 1 155 0 62 62 31 0 62 TOTAL CAPACITY ' 8,347 8,542 8,775 8,854 8,823 8,792 8,854 FTE ENROLLMENT!PROJECTION 2 8,316 8,437 8,757 8,848 8,802 8,775 8,850 SURPLUS DEFICIT CAPACITY 31 105 18 6 21 17 4 Number of Relocatabies Required 5 0 2 2 1 0 2 5 Classroom Relocatables required in 2007-08.Some additional Relocatables used for classroom and program purposes. Capacity is based on standard of service for program capacity and updated periodically to reflect program changes 2 FTE =Approximate Full Time Equivalent Enrollment, excluding College-only Running Start students. 3 Grade level reconfiguration -All 9th grade students moved to the high schools in Fall 2004. ° Sequoia Middle School will be renovated and reconfigured as a new non-traditional high school, Kent Phoenix Academy, and KM will add a new Technology Academy program in 2007-08. Kent School District Six-Year Capital Facilities Plan Table 5 A April 2007 Page 20 KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY MIDDLE SCHOOL - Grades 7 - 8 SCHOOL YEAR 2006-2007 2007-zoos 2000-2009 1 2009-2010 1 2010-2011 2011-2012 1 2012-2013 Actual P R O J E C T E D Middle School Permanent Capacity' 5,150 5,978 5,207 5,207 5,207 5,207 5,207 Changes to Middle School Ca acit ° Mill Creek Middle School-Kent Junior High re-opened as Mill Creek Middle School#7a in Fall 2005 Phase 2 of Mill Creek Renovation continues in 2007-08 Program capacity of Mill Creek MS and Kent Technology Academy 828 e Sequoia Middle School will be renovated and reconfigured as Kent Phoenix Academy High School in 2007-08 MS Capacity offline-changed to high school -771 Subtotal 5,978 5,207 5,207 5,207 5,207 5,207 5,207 Relocatable Capacity Required ' 0 0 0 0 0 0 0 TOTAL CAPACITY 1&3 5,978 5,207 5,207 5,207 5,207 5,207 5,207 r FTE ENROLLMENT/PROJECTION 2 4,459 4,423 4,362 4,356 4,455 4,570 4,677 SURPLUS DEFICIT CAPACITY 1,519 784 845 851 752 637 530 No Classroom Relocatables required at middle schools at this time Some Relocatables used for classroom and program purposes t Capacity is based on standard of service for program capacity and updated periodically to reflect program changes 2 FTE =Approximate Full Time Equivalent Enrollment/ Projection 3 Grade level reconfiguration-All 9th grade students moved to the high schools in Fall 2004. Mill Creek Middle School &Technology Academy- Kent Junior High was renovated and re-opened in Fall 2005 with a Technology Academy serving 7th &8th grade students from all service areas Phase I I of Mill Creek renovation continues in 2007-08 5 Sequoia Middle School will be renovated and reconfigured as non-traditional Kent Phoenix Academy High School in 2007-08 and middle school boundaries will be reconfigured for six middle schools district-wide April 2007 Page 21 Kent School District Six-Year Capital Facilities Plan Table 5 B i KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY ELEMENTARY - Grades K - 6 1 SCHOOL YEAR 2006-2007 2007-2008 2008-2009 2009-2010 1 2010-2011 2011-2012 1 2012-2013 ' Actual P R O J E C T E D Elementary Permanent Capacity' 1 13,012 13,428 13,428 13,428 13,532 13,532 13,532 IKent Mountain View Academy' 416 Chan es to Elementary Capacity Replacement with approximately 104 net increased capacity for -396 Panther Lake Elementary (Funded)4 500 Elementary#31 (Funded)5 500 Subtotal 13,428 13,428 13,428 13,532 13,532 13,532 14,032 Relocatable Capacity Required ' 0 0 0 0 0 120 0 TOTAL CAPACITY 2 13,428 13,428 13,428 13,532 13,532 13,652 14,032 FTE ENROLLMENT/PROJECTION 3 13,089 13,089 13,228 13,414 13,516 13,631 13,697 jSURPLUS DEFICIT CAPACITY 339 339 200 118 16 21 335 Number of Relocalables Required 0 0 0 0 0 5 0 5 Classroom Relocatables required in 2011-12 Some additional Relocatables used for classroom and program purposes ' Capacity is based on standard of service for program capacity and is updated penodically to reflect program changes. 2 Kent Mountain View Academy is a special program at the former Grandview School serving students in Grades K-12. IThe school building (formerly Kent Learning Center&Grandview Elem)was designed as an elementary school 3 FTE =Approximate Full Time Equivalent Enrollment or Projection (Kindergarten @ .5& excluding ECE) Kindergarten projection is at 5 FTE although most schools provide Full Day Kindergarten with alternative funding 4 Panther Lake Elementary will be replaced with increased capacity in 2009 and built on a new site 5 Site selection and construction timing for Elementary#31 is pending review of location and capacity needs. Kent School District Six-Year Capital Facilities Plan Table 5 C April 2007 Page 22 V I I I Finance Plan The finance plan shown on Table 6 demonstrates how the Kent School District plans to finance improvements for the years 2007 - 2008 through 2012 - 2013. The financing components include secured and unsecured funding and impact fees. The plan is based on voter approval of future bond Issues, collection of impact fees under the State Growth Management Act and voluntary mitigation fees paid pursuant to State Environmental Policy Act Kent Elementary #27a, which opened in January 1999 as a replacement for the i original Kent Elementary School, was the last elementary school for which the District received state matching funds under the state funding formula. Millennium Elementary #30 which opened in the fall of 2000 was the last elementary school constructed in the District. Voters approved a $69.5 million bond issue for Capital Construction and Improvements in February 2002. The bond issue partiall� funded building additions at three high schools which coincided with moving 9t grade students to the senior high in September 2004. The District received some state matching funds and has utilized Impact fees for the senior high school additions. In February 2006, voters approved a $106 million bond issue for replacement of Panther Lake Elementary School with increased capacity to be built on a new site, construction of a new elementary school to accommodate growth, Phase H renovation for Mill Creek Middle School, and renovation of Sequoia Middle School to be reconfigured as a new non-traditional high school, Kent Phoenix Academy which will open in September 2007. Construction funding approval will also provide some additional classrooms to be constructed at Kentlake and Kent-Meridian High Schools. Some impact fees will be utilized for new construction that will increase capacity. Enrollment projections reflect future need for additional capacity at the elementary and high school level and unfunded facility needs will be reviewed in the future. Some funding is secured for additional portables and some will be funded from ' impact fees. For the Six-Year Finance Plan, costs of future schools are based on estimates from Kent School District Facilities Department. Please see pages 25-26 for a summary of the cost basis. Kent School District Six-Year Capital Facilities Plan April 2007 Page 23 8 S S S S S S S 0 0 Ct O o E � m o n rn In� C4 rn eH w rn li � w of � a N 01 OI I O p ca C IL d OO J O O � O fp0 S N N V N C 69 A N O p p N O S S S O ' � E O O O O O O S N N o. y O N O O N O O u] ty a ctl 0 co o 0 rn v1 o O O O S O S O S N N J O O O O O O O O M M Q S S S O O S S S co co Occ N In c0 In LO m v w w 6N96-1 O S o N O O N O O V ��. CN 6. N 0 Z E Z o p E H ILq � o E 0 V W N 0p W Vl V M y m N Z in tp Z y d LL T _f B O N Ln N c = W N X QO LL y o w 1 Z N O V S n w C o uj O O N ry y 0 Y N IO p M m a N M E E o E S S O O O J N p p 04 1] N m 0 co O O Cl '3 M 07 0C 0U N f6 In M U N C 10 10 N N �i 10 .L. 0m69 N � LL .0 r N E o m S a O E N O O op b C W C N O 0 C S co N O O 3 m 0 O^ d� 0_ Nco IO 100 Omj c L d ID 3 In _ GO ui cn 69 6699 < U W y fA 0 �= 2 E 2 0 • LL LL LL LL LL LL LL LL ] C 0 o O O`�-' LL I ¢ d E E c ILO t 0 U y 3 c o w o° U) m W M m o > c 'a } w y E H y > v w is co I¢L F- O N Ol M } O = Q II y A 00. N N in O w to a m aci w 3k 0 Z F-- @ n m o� o Om Y J C m O 0) y O U U c c c m E a c E m y (n w o c o o m` E m w v c o y c �_ c ELv Z v v d c W w F LL v v v $ L u m Ic z �! 0- N ID LL m H LL U LL • � N Ol Q N V I I I Finance Plan - Cost Basis Summary For impact fee calculations, construction costs are based on cost of the last elementary school, adjusted for inflation, and projected cost of the next elementary school. Elements School Cost Projected Cost Elementary 1 Millennium Elementary#30 Opened In 2000 $12,182,768 ' Cost of Panther Lake Elementary Replacement (To open in 2009) $20,802,000 Projected cost of Elementary#31 In 2012 $24,100,000 Construction cost of the additions to high schools: i Senior High School Additions Projected Cost Total Addition to Kent-Meridian $8,300,000 Addition to Kentrid a $16,650,000 Addition to Kentwood $14,850,000 Construction cost of HS additions $39,800,000 New Non-traditional High School $1,650,000 Kent Phoenix Academy 2008 Addition to Kentlake High School $5,700,000 2009 Addition to Kent-Meridian HS $2,500,000 i Construction cost of new HS capacity $9,850,000 i Site Acquisition Cost The site acquisition cost is based on an average cost of sites purchased or built on within the last ten years. Please see Table 7 on page 26 for a list of site acquisition costs and averages. District Adjustment for 2007 The impact fee calculations on pages 28 and 29 include a "District Adjustment' which is equal to the amount of increase that the impact fee formulas drive out for this year and adjusted for Increase in the Consumer Price Index. Kent School District Six-Year Capital Facilities Plan April 2007 Page 25 i N rn a N CAm Q A L to 0 N D7 Q a o O) g y N w M m y 0 ^ n q 0 fA v to = V 00a 0 O L 0 o LU y 0 A rn m � 0 O 00 M r 7 CO N a m r 00 00 CN co ti 0 7 00 co 1% 0 (00 N 0 V' N '"cli r- O ~ c( Ga 0 dj (n 61, u5t r j 69 64 69 64 a O O co (00 ON N O N ((D ., O) O O r 00 O O O 0 r C cM-' O O N V LO 0 C7 h- N (- I— 00 N C) M M 0 000 N d cM N M 0) .N- U 0 06 O � 69 � M M � � M 00 d 0 1 � W. 69 6* 69 69 69 d � Eto I Q >" (00 (00 � Cl) O M M O Moo m M o I o p O O N r (`OM ((00 0 � Cl) Cl)0 000 ~ (0 v9 _ _ m b s ZN 'tom, (O M V cp _ a t� c�p o (n 06 O pop Z' O Y aaOO O' t N = m O N E C N 7 4I C I` O 0 Y d 0) m a L US � in m (D O fD w c n a o ((r°> vcOi J N m w w w w w w 0 •� to N U) N y (n cn (A 0 v z o Y o 0 o On = Q a w C-4 m V � 1 p P, N C) N A N 1Z i. O Y a N N S O d O co a L Q c U a 0) Y CO q Y C a d V L d N C y Y a N N (n C s (0 aUi o U Cl) a m E .� m 0 c a z o =y 3 m a 03 O d c Y p a o Lbc A c Z` u Y v N y (0 y N m d I_-U a Q U o 0 oE O Q N o cD 0 O a )W L a mam LLd cn (n N 0 d C x U Y N V cp o > 3 m a ' L co E d J O N O O U 5 E `o a W U 1 0 m m d Z f (°n Y Y Y V) m E o 2 m n (n (n m o O c c w c m c c a Z a7 m E -2 'o ° p it W ��... �_ ` (O In R M h CO N U E N Y r KENT SCHOOL DISTRICT FACTORS FOR ESTIMATED IMPACT FEE CALCULATIONS Student Generation Factors -Single Family Student Generation Factors -Multi-Family x Elementary (Grades K-6) 0.444 Elementary 0.293 x Middle School (Grades 7-8) 0.148 Middle School 0.058 x Senior High (Grades 9- 12) 0 252 Senior High 0.094 x Total 0 844 Total 0.445 Projected Increased Student Capacity OSPI -Square Footage per Student x Elementary 500 Elementary 90 x Middle School 1,065 Middle School 117 x Senior High 2,882 Senior High 130 Special Education 144 Required Site Acreage per Facility x Elementary (required) 11 Average Site Cost I Acre x Middle School (required) 21 Elementary $468,750 x Senior High (required) 32 Middle School $52,563 Senior High $93,955 New Facility Construction Cost x Elementary' $24,100,000 Temporary Facility Capacity & Cost x Middle School $0 Elementary @ 24 $106,700 x Senior High " $9,850,000 Middle School @ 29 $0 •See cost basis on Pg 25 Senior High @ 31 $106,700 Temporary Facility Square Footage State Match Credit x Elementary 71,652 Current State Match Percentage 55.94% x Middle School 27,000 , x Senior High 20,272 x Total 4% 118,924 Area Cost Allowance ACA-Cost/Sq. Ft. Area Cost Allowance(Effective Jury 07) $162 43 Permanent Facility Square Footage x Elementary 1,475,936 x Middle School 651,273 District Average Assessed Value x Senior High 1,007,522 Single Family Residence $282,605 x Total 96% 3,134,731 Total Facilities Square Footage District Average Assessed Value x Elementary 1,547,588 Multi-Family Residence $89,689 x Middle School 678,273 x Senior High 1,027,794 x Total 3,253,655 Capital Levy Tax Rate/$1,000 Current 1$1,000 Tax Rate $1.28 Developer Provided Sites I Facilities Value 0 General Obligation Bond Interest Rate Dwelling Units 0 Current Bond Interest Rate 4 08% Kent School District Six-Year Capital Facilities Plan April 2007 Page 27 KENT SCHOOL DISTRICT IMPACT FEE CALCULATION for SINGLE FAMILY RESIDENCE Site Acquisition Cost per Single Family Residence Formula ((Acres x Cost per Acre)/Facility Capacity)x Student Generation Factor ✓� I Required Site Acreage I Average Site Cost/Acre I Facility Capacity Student Factor A 1 (Elementary) 11 $468,750 500 0 444 $4,578 75 A 2 (Middle School) 21 $0 1,065 0 148 $0 1 A 3 (Senior High) 32 $0 1,000 0 252 $0 0 844 A—> $4,578 75 1 Permanent Facility Construction Cost per Single Family Residence Formula ((Facility Cost/Facility Capacity)x Student Factor)x(Permanent/Total Square Footage Ratio) Construction Cost Facility Capacity Student Factor Footage Ratio B 1 (Elementary) $24,100,000 50o 0 444 096 $20,544 77 B 2 (Middle School) $0 1,065 0 148 096 $0 B 3 (Senior High) $9,850,000 550 0 252 096 $4,332 57 0 844 B--> $24,877 34 Temporary Facility Cost per Single Family Residence Formula ((Facility Cost/Facility Capacity)x Student Factor)x(Temporary/Total Square Footage Ratio) Facility Cost Facility Capacity Student Factor Footage Ratio I C 1 (Elementary) $106,700 24 0 444 004 $78 96 C 2 (Middle School) $0 29 0.148 004 $0 C 3 (Senior High) $106,700 31 0 252 004 $34 69 0 844 C—> $113 65 State Match Credit per Single Family Residence Formula Area Cost Allowance x SPI Square Feet per student x District Match% x Student Factor Area Cost Allowance SPI Sq Ft /Student I District Match% Student Factor D 1 (Elementary) $162 43 90 05594 0 444 $3,630 90 D 2 (Middle School) $162 43 117 0 0 148 $0 D 3 (Senior High) $162 43 130 05594 0 252 $2,976 68 D—> $6,607 58 Tax Credit per Single Family Residence Average SF Residential Assessed Value $282,605 Current Capital Levy Rate/$1,000 $1 28 Current Bond Interest Rate 4 08% Years Amortized (10 Years) 10 TC—> $2,929 26 ' Developer Provided Facility Credit Facility/Site Value Dwelling Units 0 0 FC — > 0 Fee Recap A = Site Acquisition per SF Residence $4,578 75 B = Permanent Facility Cost per Residence $24,877 34 C = Temporary Facility Cost per Residence $113 65 Subtotal $29,569 74 D = State Match Credit per Residence $6,607 58 TC=Tax Credit per Residence $2,929 26 Subtotal $9,536 84 Total Unfunded Need $20.032 89 50%Developer Fee Obligation $10,016 FC=Facility Credit(if applicable) 0 District Adjustment (See Page 25 for explanation) ($4,906) fNet Fee Obligation per Single Family Residence $5,110 Kent School District Six-Year Capital Facilities Plan April 2007 Page 28 KENT SCHOOL DISTRICT IMPACT FEE CALCULATION for MULTI-FAMILY RESIDENCE Site Acquisition Cost per Multi-Family Residence Unit Formula ((Acres x Cost per Acre)/Facility Capacity)x Student Generation Factor Required Site Acreage I Average Site Cost/Acre I Facility Capacity Student Factor A 1 (Elementary) 11 $468,750 500 0 293 $3,021 56 A 2 (Middle School) 21 $0 1,065 0 058 $0 A 3 (Senior High) 32 $0 1,000 0 094 $0 0 445 A {' $3,02156 Permanent Facility Construction Cost per Multi-Family Residence Unit Formula ((Facility Cost!Facility Capacity)x Student Factor)x(Permanent/Total Square Footage Ratio) Construction Cost Facility Capacity Student Factor Footage Ratio B 1 (Elementary) $24,100,000 5Do 0 293 096 $13,557 70 B 2 (Middle School) $0 1,065 0 058 096 $0 B 3 (Senior High) $9,850,000 550 0 094 096 $1,616 12 0445 B $15,17381 Temporary Facility Cost per Multi-Family Residence Unit Formula ((Facility Cost/Facility Capacity)x Student Factor)x(Temporary/Total Square Footage Ratio) Facility Cost Facility Capacity Student Factor Footage Ratio C 1 (Elementary) $106,700 24 0 293 004 $52 11 C 2 (Middle School) $0 29 0.058 004 $0 C 3 (Senior High) $106,700 31 0 094 004 $12 94 0 445 C K' $65 OS State Match Credit per Multi-Family Residence Unit Formula Area Cost Allowance x SPI Square Feet per student x District Match% x Student Factor Area Cost Allowance SPI Sq Ft /Student I Distnct Match% Student Factor D 1 (Elementary) $162 43 90 05594 0 293 $2,396 07 D 2 (Middle School) $162 43 117 0 0 058 $0 D 3 (Senior High) $162 43 130 05594 0 094 $1.110 35 , D $3,506 42 Tax Credit per Multi-Famity Residence Unit Average MF Residential Assessed Value $89,689 Current Capital Levy Rate/$1,000 $1 28 Current Bond Interest Rate 4 08% Years Amortized (10 Years) 10 TC—> $929 65 Developer Provided Facility Credit Facility!Site Value Dwelling Units 0 0 FC—> 0 Fee Recap j A = Site Acquisition per Multi-Family Unit $3,021 56 B = Permanent Facility Cost per MF Unit $15,173 81 C = Temporary Facility Cost per MF Unit $65 05 Subtotal $18,260 42 D = State Match Credit per MF Unit $3,506 42 TC=Tax Credit per MF Unit $929 65 Subtotal - $4,436 06 Total Unfunded Need $13,824 36 50%Developer Fee Obligation $6,912 FC=Facility Credit(if applicable) 0 District Adjustment (See Page 25 for explanation) ($3,766) Net Fee Obligation per Mulb-Family Residence Unit $3,146 Kent School District Six-Year Capital Facilities Plan Apnl 2007 Page 29 , IX Summary of Changes to April 2006 Capital Facilities Plan The Capital Facilities Plan (the "Plan") is updated annually based on previous ' Plans in effect since 1993. The primary changes from the April 2006 Plan are summarized here. Voters approved funding for replacement and expansion of Panther Lake Elementary School on a new site, a future new elementary school, classroom additions at high schools to accommodate new growth, renovation of Sequoia Middle School to be reconfigured as a new non-traditional high school named Kent Phoenix Academy and Phase II of the renovation at Mill Creek Middle School. Changes to capacity continue to reflect fluctuations in class size as well as program changes. Reduction in class size for Student Achievement Initiative 728 is reflected in this update. Changes in relocatables (portables) or transitional capacity reflect use, purchase, sale, surplus and/or movement between facilities. The student enrollment forecast is updated annually. At this time, enrollment projections continue to reflect need for future additional capacity at the elementary and high school level The district expects to receive state matching funds for projects in this Plan and tax credit factors are updated annually. Unfunded site and facility needs will be reviewed in the future. ' Changes to Impact Fee Calculation Factors include: ITEM Grade/Type FROM TO Comments Student Generation Factor Elem 0 444 0 444 No change this year Single Family(SF) MS 0 148 0 148 No change this year SH 0 252 0 252 No change this year Total 0.844 0 844 Student Generation Factor Elem 0 293 0 293 No change this year Multi-Family(MF) MS 0 058 0 058 No change this year SH 0 094 0 094 No change this year Total 0 445 0.445 State Match Credit 55 94% 55 94% No change per OSPI Website Area Cost Allowance(former Boeckh Index) $154 22 $162 43 Per OSPI Average Assessed Valuation (AV) SF $263,362 $282,605 Per Puget Sound ESD AV-Average of Condominiums &Apts. MF $82,971 $89,689 Per Puget Sound ESD Debt Service Capital Levy Rate/$1000 $1 74 $1 28 Per King Co Assessor Report General Obligation Bond Interest Rate 4 39% 4 08% Market Rate Impact Fee-Single Family SF $4,928 $5,110 Change to fee+$182 Impact Fee - Multi-Family MF $3,034 $3,146 Change to fee+$112 Kent School District Six-Year Capital Faalifles Plan April 2007 Page 30 X Appendixes Appendix A: Calculations of Capacities for Elementary Schools ' Appendix B: Calculations of Capacities for Middle Schools t Appendix C: Calculations of Capacities for Senior High Schools ` Appendix D: Use of Relocatables Appendix E: Student Generation Factor Survey I � Kent School District Six-Year Capital Facilities Plan Apnl 2007 Page 31 N M m D) a o_ E L" J 41 8 8d O Z N O E 5c A N M M O tD Of a� M M O N A N O A A Q N a0 �_ A O O A O C H L ON W = N O O O M N N o awl- Q Q 0 N N w w E E n J a c @ w w ' K t �} p p pp pp S a W W O LL E O N S N O S S O S f�0 S O a S N h N M p a w b M �' c o a a � N U Y W R a t O O O N a O O O O O O N co O N w w O p coQ y y w 2S N O O O Q O N O O O O O y 3 m A o C a v @ c W pE � � y F 8 n E d m m U. � � �p O O O r N O O O O O O � N O � 7 N O Yf O O O N O � O O O O N E � p 3 n 6 H U v o m W @ U c y Iff mmQJ O H A N M O M co N M O _ _ 1 a Z p a n N W A E 76 p y' pp yyy n v) F p�� N O Obi o S N O tQD N A N S ? 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P. _ " N O u> ' Z 3 a a U to O W N Cl) M N f0 co o U W tn O v r CD a OD co N Z J W co CL O � M a O °° Q f�. co to N N N N co N U c U O J Z E Q U w w CL y = a Y w W ' O `p c m w m m d c Q N ca J J _ C Y m C a co m Q o 2 — LL f O a N `S d CD C gca E d o m o m d a U > 1 E SO m L a E m c x SO m 3 LL Y 2 Q y m c o -2 a 0 m O ' V N m m 8 c L Q a m LL d 2 CA � U h Y � Federal Way Public Schools 1 � 2008 � Capital Facilities Plan � Buildingfor the Future 1 1 FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN , 1 FEDERAL WAY PUBLIC SCHOOLS ' 2008 CAPITAL FACILITIES PLAN BOARD OF EDUCATION Ed Barney , Evelyn Castellar , David Larson Charles Hoff Thomas Madden SUPERINTENDENT , Thomas R. Murphy , FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN TABLE OF CONTENTS TABLE OF CONTENTS u INTRODUCTION ni-iv SECTION 1 THE CAPITAL FACILITIES PLAN Introduction I Inventory of Educational Facilities 2 Inventory of Non-Instructional Facilities 3 Needs Forecast - Existing Facilities 4 Needs Forecast- New Facilities 5 ' Six Year Finance Plan 6 SECTION 2 MAPS OF DISTRICT BOUNDARIES Introduction 7 Map - Elementary Boundaries 8 ' Map - Middle school Boundaries 9 Map - Senior High Boundaries 10 SECTION 3 SUPPORT DOCUMENTATION ' Introduction 11 Building Capacities 12-13 Portable Locations 14-15 Student Forecast 16-18 Capacity Summaries 19-23 King County Impact Fee Calculations 24-26 SECTION 4 SUMMARY OF CHANGES FROM THE 2007 27-29 PLAN t ' ii FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN INTRODUCTION In response to the requirements of the State of Washington Growth Management Act (SHB 2929 (1990) and ESHB 1025 (1991)), and under the School Impact Fee Ordinances of King County Code 21A, City of Federal Way Ordinance No 95-249 effective ' December 21, 1995 as amended, City of Kent Ordinance No. 3260 effective March 1996, and the City of Auburn Ordinance No 5078 effective 1998, Federal Way Public Schools has updated its 2007 Capital Facilities Plan as of May 2007. This Plan is scheduled for adoption by King County, the City of Kent, City of Federal Way and the City of Auburn and is incorporated in the Comprehensive Plans of each jurisdiction by reference. This plan is also included in the Facilities Plan element of the Comprehensive Plans of each jurisdiction. To date, the City of Des Moines has not adopted a school impact fee ordinance ' The Growth Management Act requires the County to designate Urban Growth areas within which urban growth can be encouraged. The Growth Management Planning , Council adopted and recommended to the King County Council four Urban Growth Area Line Maps with designations for urban centers. A designation was made within the Federal Way planning area, which encompasses Federal Way Public Schools boundaries. King County will encourage and actively support the development of Urban Centers to meet the region's need for housing, jobs, services, culture and recreation. This Plan's estimated population growth is prepared with this underlying assumption. This Capital Facilities Plan will be used as documentation for any jurisdiction, which requires its use to meet the needs of the Growth Management Act. This plan is not intended to be the sole planning tool for all of the District needs. The District may prepare interim plans consistent with Board policies. The District has prepared a multi phase plan for the renovation and construction of Federal Way Schools and support buildings. Phase 1, a $245 million bond was presented to the voters in February 2006 This received a 54% yes vote, unfortunately not enough to pass. The School Board presented a restructured bond of$149 million for adoption in November This received a 59.5% approval from voters, still unfortunately not enough to , pass. The Board authorized presenting the $149 million bond again on May 15, 2007. The bond, passed at 63 93%, will replace four elementary schools, Lakeland, Panther Lake, Sunnycrest and Valhalla and one middle school Lakota. Capacity increases are planned at all four elementary schools. Plans to replace Federal Way High School and increase capacity by approximately 800 students have been delayed. Federal Way High School was built in 1938 It has been added onto at least 10 times and currently has an almost maze-like layout Based on an annual 4°i° increase in construction cost, the estimated cost to rebuild is $122 million. The , reconstruction would increase the capacity of the high school by 800 students, or by about 33%. None of the cost to replace Federal Way is included in the Impact Fee calculation in this Plan. Because of continued construction inflation, estimated construction costs will be re- calculated prior to the next bond election iii FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN The non-instructional projects included in the plan will consolidate support services ' operations at a single location. The current Transportation and Maintenance facility cannot continue to meet the District needs ui the future Nutrition services and other administrative functions will also relocate to this centralized location. The Board approved a pilot program at one elementary school to offer Kindergarten through 8t' grade instructional configuration. The program will begin at one elementary school in September 2007 by adding a sixth grade class As the program grows, there will be more information available about the unique facility needs for this grade configuration. Minor boundary changes are planned for the 2007/08 school years at the elementary level to adjust for the fluctuating enrollment Most of the growth in the Federal Way School District area has been on the east side of the district in unincorporated King County Increases of elementary capacity and boundary changes will mitigate space requirements ' for students moving into this new housing. r iv FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN , SECTION 1 - THE CAPITAL FACILITIES PLAN The State Growth Management Act requires that several pieces of information be gathered to determine the facilities available and needed to meet the needs of a growing community. This section provides information about current facilities, existing facility needs, and expected future facility requirements for Federal Way Public Schools A Financial Plan which shows , expected funding for any new construction, portables and modernization listed follows this. r ' FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN INVENTORY OF EDUCATIONAL FACILITIES ' ELEMENTARY SCHOOLS Adelaide 1635 SW 304th Street Federal Way 98023 Brigadoon 3601 SW 336th Street Federal Way 98023 ' Camelot 4041 S 298th Street Auburn 98001 Enterprise 35101 5th Avenue SW Federal Way 98023 Green Gables 32607 47th Avenue SW Federal Way 98023 Lake Dolloff 4200 S 308th Street Auburn 98001 Lake Grove 303 SW 308th Street Federal Way 98023 Lakeland 35827 32nd Avenue S Auburn 98001 Mark Twain 2450 S Star Lake Road Federal Way 98003 Meredith Hill 5830 S 300th Street Auburn 98001 ' Mirror Lake 625 S 314th Street Federal Way 98003 Nautilus 1000 S 289th Street Federal Way 98003 Olympic View 2626 SW 327th Street Federal Way 98023 ' Panther Lake 34424 1st Avenue S Federal Way 98003 Rainier View 3015 S 368th Street Federal Way 98003 Sherwood Forest 34600 12th Avenue SW Federal Way 98023 ' Silver Lake 1310 SW 325th Place Federal Way 98023 Star Lake 4014 S 270th Street Kent 98032 Sunnycrest 24629 42nd Avenue S Kent 98032 Twin Lakes 4400 SW 320th Street Federal Way 98023 Valhalla 27847 42nd Avenue S Auburn 98001 Wildwood 2405 S 300th Street Federal Way 98003 ' Woodmont 26454 16th Avenue S. Des Moines 98198 MIDDLE SCHOOLS Federal Way Public Academy 34620 91h Avenue S Federal Way 98003 Illahee 36001 1st Avenue S Federal Way 98003 Kilo 4400 S 308th Street Auburn 98001 Lakota 1415 SW 314th Street Federal Way 98023 ' Sacalawea 1101 S Dash Point Road Federal Way 98003 Saghalie 33914 19th Avenue SW Federal Way 98023 Sequoyah 3450 S 360"' ST Auburn 98001 ' Totem 26630 401h Ave S Kent 98032 SENIOR HIGH SCHOOLS Decatur 2800 SW 320th Street Federal Way 98023 Federal Way 30611 16th Avenue S Federal Way 98003 Thomas Jefferson 4248 S 288th Street Auburn 98001 Todd Beamer 35999 16th Ave S Federal Way 98003 ' Harry S Truman 31455 28th Ave S Federal Way 98003 ALTERNATIVE SCHOOLS ' Merit School 36001 1'Ave S Federal Way 98003 LEASED SPACES ' Internet Academy 32020 1 st Ave S Federal Way 98003 2 FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN ' CURRENT INVENTORY NON-INSTRUCTIONAL FACILITIES ' Developed Property Administrative Building 31405 18th Avenue S Federal Way 98003 MOT Site 1066 S 320th Street Federal Way 98003 , Central Kitchen 1344 S 308th Street Federal Way 98003 Federal Way Memorial Field 1300 S 308th Street Federal Way 98003 Leased Space Community Resource Center 1813 S Commons Federal Way 98003 ' Available Office Space 30819 141h Ave S Federal Way 98003 Undeveloped Property ' Site # Location 75 SW 360th Street & 3rd Avenue SW—9.2 Acres , 65 S 351 st Street & 52nd Avenue S— 8.8 Acres 60 E of loth Avenue SW - SW 334th & SW 335th Streets - 10 04 Acres 73 N of SW 3201h and east of 45`h PL SW—23 45 Acres ' 71 S 344th Street& 46th Avenue S - 17 47 Acres 82 1"Way S and S 342"d St—Minimal acreage 74 3737 S 360`h St - 47 13 Acres (Part of this site is being used for Sequoyah Middle ' School) 96 S 308`h St and 141h Ave S— .36 Acres 81 S 332"d St and 9`h Ave S —20 Acres , Notes: Not all undeveloped properties are large enough to meet school construction requirements. , Properties may be traded or sold depending on what locations are needed to house students in the District. 3 ' FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN NEEDS FORECAST - EXISTING FACILITIES t EXISTING FACILITY FUTURE NEEDS .ANTICIPATED SOURCE OF FUNDS Purchase and Relocate Interim Capacity Anticipated source of funds is Portables Impact Fees. Elementary Schools- Replace Existing Buildings Voter approved bonds. Lakeland, Panther Lake, Increase capacity at Lakeland, Sunnycrest and Valhalla Panther Lake, Sunnycrest and Valhalla by a total of 200 seats Lakota Middle School Replace Existing Building Voter approved bonds Federal Way High School Replace Existing Building, Future bond authorization Increase Ca acrt Decatur High School I Increase Capacity Future bond authorization. The District is also planning the replacement of some non-instructional facilities. The District has purchased 20 acres (Site#81) for construction of consolidated facilities for support services functions. Transportation, Nutrition Services, Maintenance and other non-instructional functions will be housed at this centralized location. As part of the multi phase plan, the District intends to increase capacity for high school students with expansion at the Decatur High School site. Increased capacity at Federal Way High and at Decatur High supplant the need for construction of a fifth comprehensive high school 1 4 FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN ' NEEDS FORECAST-NEW FACILITIES ' NEW FACILITY LOCATION ANTICIPATED SOURCE ' OF FUNDS No current plans for new facilities. 1 5 ' o 0 z Mil = rt � �_' a f D d ' n "'0 n A •c N Evo s w a `° am ax ,CD� rD O O v, ' N 0 0 b 3 r- N a S O � H O y O y o Vi O N ' Or N W O � W A fH O y N � O Y t+ W'l�J J +! J J J O O O O O W W O O O O O v0. 1 T N N O O O O C FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN SECTION 2 -MAPS OF DISTRICT BOUNDARIES Federal Way Public Schools (the District) has twenty-two elementary schools (grades K-5), seven middle school schools (grades 6-8), five senior high schools (grades 09-12), one school serving K-6 and one school serving students in grades 6 -10 for the 2007/08 school year. The Internet Academy serves grades K-12. The following maps show the service area boundaries for each school, by school type. (Harry S Truman High School, Merit School, Internet Academy and Federal Way Public Academy serve students from throughout the District). The identified boundaries are reviewed annually Any change in grade configuration or adoption of programs that affect school populations may necessitate a change in school service areas. The Growth Management Act requires that a jurisdiction evaluate if the public facility infrastructure is in place to handle new housing developments. In the case of most public facilities, new development has its major impact on the facilities immediately adjacent to that development School Districts are different If the District does not have permanent facilities available, interim measures must be taken until new facilities can be built or until boundaries can be adjusted to match the population changes to the surrounding facilities. Adjusting boundaries requires careful consideration by the District and is not taken lightly. ' It is recognized that there is a potential impact on students who are required to change schools. Boundary adjustments impact the whole district, not just one school. It is important to realize that a single housing development does not require the construction of a complete school facility. School districts are required to project growth throughout the district and build or adjust boundaries based on growth throughout the district, not just around a single development. 7 �#.i..it.lY■�.i7 Y78��1� .'#\r i-�F�l��.. b>4,.R i.�A�R.d:�i{.��aa�l ISM Federal Way Public Schools I I I F ELEMENTARY SCHOOLS MIDDLE SCHOOLS Code- C,04v - it t ac2ataadu G< a0 Utarnv � ,' * � i' a 2 0ngµd"xtp 9,E S4 M10 b® { •F �§ _ 3 ua"Noi V`S !] LMO'a 04 ' j 4 i tntmtpayp Y39 37 $,e.aJnneal Eb - � > >•-?., Y Gram Gac> A 7 3b 3e,2tatw G,e -�� d L a f aha Dc0 G-H 55 GN+•,n G y 4 akry G o.v 04 19 p"w.'W4y P.4i" Mark `n410 F-4 d S "NIOR HIGH SC •3 a2 0.uintevrc �3 � -ham ,! tAym•gi:Ytxw �y Cade r?7-+=9i C�1 �' =^=t ^- F i '1 F•RAM.d LpYp ` iLi�1.Mr i ma F-10 a0 Gay s•,.r L„m �' L( rt ,nanrr,wz",Ili a.y 41 Fa fnni u,r E4 y,///� i � -c'L��S".,'i•_"'K - V 3.0,tak, �..y 47 O.# +* kg G 7 E.i Stm La '.i Sunr}craN G 2 klan)S irmftAt rx ZI YH�HY:.p pj-+ �•«��.% r it Avd-..,A F S ,( t T3 A' na�f F Wu+t A5,10* $rrvz +•�- _« i F�x C SurlMa,.4 R tar, - a !„�"• ? �—. ( k d t^ —7A bt E.saxapwara{}pv>•x#G+>tte+ An _rr`» � .r 35 Maintarkprus..(kPN#llUtu6+Tialnuwinbois £6 coft ■ y 3 �` ' 42 3 FEDERAL WAY WASHING TOM dnd VEChyl/Y �75 h �". t'T3"- �I V``'�it ,7 ;'w'}a„�(sF r `"_� . !� +,�• ���t�.-3_-+:.. �k • h�.s i y "`� , `y-'-i• }-'f.�-p�i -5 f t 1 1 J i -j r {r�� }a« �.,_.� d „� r,a 'M1 • • y"� •J IK tK } tj ±� _ pp E FBI _ .. r"'" I..r �:t � k -pr `�-' 't. ! tir— -% 'tkb I- +—+Y" _ •�y_I fi F t` t t�Y✓ + �_ ,�� 'fT� y�r + }J nt, � ai•->t � J+-�F LI i. �_- s S 't a-�'� _ � '3 '-� `� ,, � ' • !L � ��" .�./x fir`�I{fr•� t ref S- " s A%* Ir ���,�-- �_ Federal Way Public Schools - 1 MIDDLE SCHOOL BOUNDARIES Federal Way Public Schools �r 11 n'YY !2 r ELEMENTARY SCHOOLS MIDDLE SCHOOLS Code - Code-- - 1 AdtWrim Ca 30 111ah" F6 2 BN0e1104 68 31 naa 3 Gamxbl G5 32 0.0tt 09 w - crr a Em"pnae 09 33 Sualdwtt E.5 5 Greo,GaLoaa A 34 SaNaMbA C8 � a�._-r'"+-'Y -� J �1-{ 6 Lake VaUon Gb 35 T: ... pa 7 l 4aks rgvf E 6 9 36 Fadarat Way PuOMG AcaootnY t-e , 6 L k,Ord 9 kuATWaaT Fa. 10 mv,ditA wA k-5 SENIOR HIGH SCHOOLS 11 ANnor"it E.6 12 N.71. E-6 F Y 6 13 p1y.o,r C-7 Y VlMr Code- 1a PFm1 a1L.kw F.A 40 U.c4jw Ctl ✓a 'S' - AqF J�� 15 Nance-+erFxw F-1 s� 41 Fed rai NAY E-5 16 17 07 SS T'sheroe n1 F0fas1 42 Thrneyes 3pHcfglM 3 $ilvtr ibt� add E 3 6eaanni 15 SWL"O G3 44 14er S T"rta F8 19 5ur��ycnsl G 2 — 't-'-.,. 20 Tw n L4**l B-6 21 '. 4A . GJ �Y} 22 YNeMmeH! F S FUM1roe 60w0 +tga 23 Wt°rdmotti F 1 SNYW.a SMa tl1 Edi%311pV1$w*�..«Ganee - 65 44tl++kyruncaapuxzn�ua-T.areywv6rm Es r Parks - .n ..° 0� '3. t „-3'° s '€ � � i� "�,-�t¢,a ti.ri Sys s '--•5 S FEDERAL WAY WASHINGTON and VICINITY T .v A. ��i, # W E 1', 1- M� Federal Way Public Schools L1,r�$Waco[ Rr�i=. `• p F HIGH SCHOOL BOUNDARIES * Federal Way Public Schools &'"y .z A. 7 � e2.¢*EWARY SCHOOLS W1fQOLE SCHOOLS Cod.- Coda 2 Hrrgad� @-8 31 x4a G41 I T 3 C.rcort.�f @ E 32 1 ab . OL <_l'1 i EOAer ,*o 04 33 SA,44.R E4 s IT3 _L S LA, G»con GA 35 TA 6-3 - .. T lnM.mYp 6-6 34 fedarb!we,Pu x E d (_h4e+ea ' 3 Ms+k Tuu[n r: Merwan 441 49 SENIOR HIGH SCHOOLS �- 1 V,.o L.k* E-6 V rrn NO Gx i` RNneo+'naw F10 11 Fv 11.1 V... -.- V a,hpr La}e p 7 12 Rmmae xjfarsnn Ci-# /• - - ; - _ ( '. 'T 5'4rLAI. 0-3 i3 iwlr]O.xmrr E5 (" 1` ^: S�nr,yr rgwt G2 22 wt&. d F6 21 volt boord F3 9urpjmr Setrtb z ":' r __fi ix ea�u4or+st fLw•.�G�.xw F-4 - v' `� � Y�y ._Y d9 ?Amini!['A + AsmL'--ro Ed - Gdlrodor 14 y i Y�� I 1 �� � ���^C x,T�, � }�T �• s FFOFAAL WAY WASHOWGfON♦-d YICINIT `r}' mot' _ f._' h' 3 1 i �ID I �,.x�'�b'1y✓?r, i t� ',�w �:-1-_ _ ' ?'� %�� [ r� '-f��i;•- '�= ndY.-=.w 4a {T p j _ � �i� � } �+' S ��nr.,.w.�«n s.«t•�� _ z.4� r ♦�-d_ � 3 �1� - � �� r �_.+.�..�c,ii ewe ��-{(��",^�.)...�. 1, l• �� «y�:� � Federal Way Public Schools FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN SECTION 3 - SUPPORT DOCUMENTATION Building Capacities - The Education Program Portable Locations Student Forecast—2008 through 2014 Capacity Summaries King County Impact Fees - Single and Multi Family Units i i FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN Building Capacities This Capital Facilities Plan establishes the District's "standard of service"in order to ascertain the District's current and future capacity. The Superintendent of Public Instruction establishes square footage guidelines for capacity, but these guidelines do not take into consideration the education program needs In general, the District's current target class size provides that the average class size for a standard classroom for grades K through 2 should be 20 students For grades 3-5 the target is 25 students For grades six to 12 the target class size is 26 students Classrooms for students with Individualized Education Program (Special Education) needs are calculated at 12 seats per classroom. Using the OSPI square footage calculation as a base line, the District has calculated a program capacity for all schools. The following list clarifies the adjustments to the OSPI calculation. Music Rooms: Each elementary school requires a standard classroom for music instruction. All Day Kindergarten: Every elementary school operates at least one all day Kindergarten program. These all day Kindergarten program require additional capacity because the standard classroom is available for one all day session rather than two half day sessions The Distnct will operate 39 sections of all day Kindergarten in 2007/08 Special Education Resource Rooms: Each elementary and middle school requires the use standard classroom(s) for special education students requiring instruction to address specific disabilities English as a Second Language Programs: Each elementary, middle school and high school requires the use of standard classroom for students learning English as a second language. Middle School Computer Labs: Each middle school has at least one computer lab. ' High School Career Development and Learning Center (Resource) Room: Each high school provides special education resource room and career development classrooms for students requiring instruction to address specific disabilities. 12 FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN i BUILDING PROGRAM CAPACITIES ELEMENTARY BUILDING MIDDLE SCHOOL BUILDING PROGRAM CAPACITY PROGRAM CAPACITY School Name Headcount FTE School Name Headcount FTE Adelaide 349 349 Illahee 890 899 Brigadoon 312 312 Kilo 908 917 Camelot 254 254 Lakota 827 835 Enterprise 443 443 Sacalawea 735 742 Green Gables 474 474 Saghalie 849 858 Lake Dolloff 395 395 Se uoyah 601 607 Lake Grove 344 344 Totem 751 759 Lakeland 377 377 Federal Way Public Academy 199 201 Mark Twain 321 321 2007TOTAL 5,760 5,818 Meredith Hill 475 475 Mirror Lake 371 371 OSPI Middle SchoolCalculation 6,327 Nautilus 5 5 i e School Average Olympic View 333 333 Panther Lake 422 422 SENIOR HIGH BUILDING Rainier View 429 429 PROGRAM CAPACITY erwooForest Silver Lake 421 421 School Name Headcount FTE Star Lake 367 367 Decatur 1306 1,382 Sunnycrest 354 354 Federal Way 1405 11487 Twin Lakes 308 308 Thomas Jefferson 1386 1,467 Valhalla 352 352 Todd Beamer 1121 1,186 Wildwood 286 286 Truman High School 290 307 Woodmont 347 347 lFederal Way Public Academy 133 141 2007TOTAL 5,641 5,969 07 TOTAL 8,495 1 8,495 OSPI Ht,h School Calculation 5,948 OSPI Elementary Calculation 11,339 *Senior High Average 1,305 1,380 ementary verage ALTERNATIVE SCHOOL BUILDING PROGRAM CAPACITY School Name Headcount FTE Merit School 16 16 Notes. 2006 TOTAL 16 16 *Federal Way Public Academy capacity is not used in calculated average * Truman High School capacity is not used in calculated average. 1 13 FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN Portable Locations The Washington State Constitution requires the State to provide each student a basic education. It is not an efficient use of District resources to build a school with a capacity for 500 students due to lack of space for 25 students when enrollment fluctuates throughout the year and from year to year. Portables are used as temporary facilities or interim measures to house students when increasing population impacts a school attendance area. Portables may also be required to house students when new or changing programs require additional capacity. They also provide temporary housing for students until permanent facilities can be financed and constructed When permanent facilities become available, the portable(s) is either used for other purposes such as storage or child care programs, or moved to another school for an interim classroom Some portables may not be fit to move due to age or physical condition. In these cases, the District may choose to buy new portables and surplus these unfit portables. It is the practice and philosophy of Federal Way Public Schools that portables are not acceptable as permanent facilities. The following page provides a list of the location of the portable facilities, used for temporary educational facilities by Federal Way Public Schools. i i i i I 14 FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN PORTABLE LOCATIONS PORTABLESLOCATED PORTABLES LOCATED AT ELEMENTARY SCHOOLS AT SENIOR HIGHS NON NON INSTRUCTIONAL INSTRUCTIONAL INS I RUC I IONAL INSTRI CTION%I Adelaide 3 Decatur 9 Brigadoon 1 Federal Way 2 1 Camelot I Thomas Jefferson 7 Enterprise 3 Todd Beamer 7 1 Green Gables 1 Lake Dolloff 1 1 TOTAL 25 Lake Grove 2 1 Lakeland 2 Mark Twain 3 Meredith Hill 2 1 Mirror Lake 3 1 PORTABLES LOCATED Nauhhis 1 AT SUPPORT FACILITIES Olympic View Panther Lake 3 MOT t Rainier View 2 1 TDC 5 Sherwood Forest 4 TOTAL 6 SdverLake 4 Star Lake 2 2 Sunnycrest 1 1 HEAD START PORTABLES AT DISTRICT SITES Twin Lakes 2 1 Valhalla 1 1 Sherwood Forest 1 W Ildwood 4 Woo mont 3 1 ota T TAL PORTABLESLOCATED AT MIDDLE SCHOOLS NON INSTRLCTIONAL INSTRUCTIONAL Illahee 3 Kilo 6 1 Lakota 3 Saca awea 4 Saghahe 4 Totem 5 Merit 2 24 4 15 FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN Student Forecast Student enrollment projections are a basic component of budget development. Enrollment projections influence many of the financial estimates that go into budget preparation. The majority of staffing requirements are derived directly from the forecasted number of students. Allocations for instructional supplies and materials are also made on the basis of projected enrollment. Other expenditures and certain revenue projections are directly related to enrollment projections. Enrollment projections are completed annually in the Business Services Department. Projections must be detailed at various levels, district total, school-building totals, grade level and program level to include vocational and special education students. The basis of projections has been cohort survival analysis. Cohort survival is the analysis of a group that has a common statistical value (grade level) as it progresses through time In a stable population the cohort would be 1.00 for all grades This analysis uses historical information to develop averages and project the averages forward. This method does not trace individual students, it is concerned with aggregate numbers in each grade level The district has used this method with varying years of history and weighted factors to study several projections. Because transfers in and out of the school system are common, student migration is factored into the analysis as it increases or decreases survival rates. Entry grades (kindergarten) are a unique problem in cohort analysis The district collects information on birth rates within the district's census tracts, and treats these statistics as a cohort for kindergarten enrollment in the appropriate years. The Federal Way School District is using various statistical methods for projecting student enrollments The resultant forecasted enrollments are evaluated below. The first method is a statistical cohort analysis that produces ten distinct forecasts These are forecast of enrollment for one year. The projections vary depending on the number of years of historical information and how they are weighted A second method is a projection using an enrollment projection software package that allows the user to project independently at school or grade level and to aggregate these projections for the district level The Enrollment Master TM software provides statistical methods including trend line, standard grade progression (cohort) and combinations of these methods. This software produces a five-year projection of school enrollment. In December 2006, the District contracted a demographer to develop projections for the Federal Way School District. The report was complete in January 2007 The model used to forecast next year's enrollment uses cohort survival rates to measure grade to grade growth, assumes market share losses to private schools (consistent with county-wide average), 16 l FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN assumes growth from new housing or losses due to net losses from migration This forecast was provided as a range of three projections. The long-range forecast provided with this report used a model with cohort survival rates and growth rates based on projected changes in the 5-19 age group for King County. Most of the methods used for long range enrollment reporting assume that enrollment is a constant percent of something else (e.g population) or that enrollment will mirror some projected trend for the school-age population over time The report included 5 different calculations to provide a range of possible projections for the District to the year 2015 This model produces a projection that is between 23,000 and 24,000 when applied to the low, medium and high range modes. This provides a reasonable range for long-range planning and is consistent with estimates from various models. Long-range projections that establish the need for facilities are a modification of the cohort survival method. The cohort method of analysis becomes less reliable the farther out the projections are made. The Federal Way School District long-range projections are studied annually. The study includes information from the jurisdictional demographers as they project future housing and population in the region. The long-range projections used by Federal Way Public Schools reflect a similar age trend in student populations as the projections published by the Office of Financial Management for the State of Washington. Near term projections assume some growth from new housing, which is offset by current local economic conditions The District tracks new development from four permitting jurisdictions Long range planning assumes a student yield from proposed new housing consistent with historical growth patterns. Growth Management requires jurisdictions to plan for a minimum of twenty years. The Federal Way School District is a partner in this planning with the various jurisdictions comprising the school district geography. These projections create a vision of the school district community in the future. 17 FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN Full Time Equivalent Enrollment History and Projections Simplified FTE(K Headcount= 5 FTE,Middle School FTE=99 Headcount, Senior High FTE= 94511cadcount) Total K-12 Percent Calendar Yr School Year Elementary Middle School Senior High FTE Change 2002 2001-02 11,498 5,337 4,467 21,302 2003 2002-03 11,202 5,454 4,437 21,093 -10% 2004 * 20113-04 9,127 5,524 6,408 21,051 -0.2% I 2005 2004-05 9,164 5,473 6,515 21,152 04% 2006 2005-06 9,105 5,309 6,770 21,184 0.2% 2007 2006-07 9,022 5,261 6,754 21,037 -0.7% I 2008 B2007-08 9,025 5,162 6,880 21,067 0.1% 2009 P2008-09 8,976 5,091 7,012 21,079 0.1% 2010 P2009-10 9,006 5,119 6,985 21,110 0.1% 2011 P2010-11 9,054 5,120 6,797 20,971 -0.7% 2012 P2011-12 9,113 5,085 6,749 20,947 -0.1% 2013 P2012-13 9,208 5,037 6,725 20,970 0.1% 2014 P2013-14 9,312 5,011 6,729 21,052 0.4% *New Configuration Elementary K-5 Middle School 6-8 High School 9-12 Enrollment History and Six Year Forecast 22,000 0 6% 21,001 0 4% 0 2% 20,000 c 0 0% a 19,000 0 2% m m m 18,000 -0 4% o 17,000 -0 8% 16,000 -1 0% I15,000 1 2% Ilk 'P a a a a q 10 q q o 0 0 0 0 0 r ,� a a0 0 a 'o 0 0 0 0 0 0 0a 0 0 ''o 0 0 o m o o� oca os 'Q '� 'a, 'Q a p s a+ �� bo �O i li-� 'uP v School Year O FTE -0 Percent of Change ' 18 1 FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN Capacity Summaries All Grades, Elementary, Middle School, and Senior High Schools The Capacity Summaries combine Building Capacity information and the Student Forecast information. The result demonstrates the requirements for new or remodeled facilities and why there is a need for the District to use temporary facilities or interim measures. The information is organized in spreadsheet format, with a page summarizing the entire District, and then evaluating capacity vs. number of students at elementary, middle school, and senior high levels individually. The notes at the bottom of each spreadsheet provide information about what facilities are in place each year. 1 ! 19 FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN CAPACITY SUMMARY-ALL GRADES Budget Projected-- Calendnr Year 2008 2009 2010 2011 2012 2013 2014 CAPACITY School Year 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 BUILDING PROGRAM HEADCOUNT CAPACITY 19,896 19,896 19,896 19,896 19,996 20,096 20,096 FTE CAPACITY 20,282 20,282 20,282 20,282 20,382 20,482 20,482 IAdd or subtract changes to capacity Increase Capacity,Lakeland,Panther Lake Sunnycrest and Valhalla 100 100 Adjusted Program Headcount Capacity 19,896 19,896 19,896 19,996 20,096 20,096 20,096 Adjusted Program FTE Capacity 20,282 20,282 20,282 20,382 20,482 20,492 20,482 ENROLLMENT Basic FTE Enrollment 721,067 21,079 21,110 20,971 20,947 20,970 21,052 Internet Academy Enrollment(AAFTE) 296 296 296 296 296 296 296 Basic FTE Enrollment without Intemet Academ0,771 20,783 26 814 20,675 20,651 20,674 20,756 SURPLUS OR(UNHOUSED) PROGRAM FTE CAPACITY (489) (501) (532) (293) (169) (192) (274) RELOCATABLE CAPACITY Current Portable Capacity 2,600 2,675 2,675 2,675 2,675 2,675 2,675 Add/Subtract Portable Capacity Add New Portable Capacity 75 Deduct Portable Capacity Adjusted Portable Capacity 2,675 2,675 2,675 2,675 2,675 2,675 2,600 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 1 -2,186 1 2,174 1 2,143 2,382 2,506 1 2,483 1 2,326- 20 i FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN CAPACITY SUMMARY-ELEMENTARY SCHOOLS Budget -- Projected-- Calendar Year 2008 2009 2010 2011 2012 2013 2014 CAPACITY School Year 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 BUILDING PROGRAM HEAD COUNT CAPACITY 8,495 8,495 8,495 8,495 8,595 8,695 8,695 FTE CAPACITY 8,495' ; 8,495 8,495 8,495 " ;8,595 8;645 9,695 1. Increase Capacity,Lakeland,Panther Lake Sunnycrest and Valhalla I00 100 Adjusted Program Headcount Capacity 8,495 8,495 8,495 8,595 8,695 8,695 8,695 Adjusted Program FTE Capacity 8,495 8,495 8,495 8,595 8,695 8,695 8,695 ENROLLMENT ' Basic FTE Enrollment 9,025 8,976 9,006 9,054 9,113 9,208 9,312 2 Internet Academy(AAFTE) 49 49 49 49 49 49 49 Basic FTE Enrollment without Internet Academy 8,976"'' 8,927 9,005 0,064 9,159 "9,263 SURPLUS OR(UNHOUSED) -[� PROGRAM CAPACITY (481) (432) (462) (410)'' (369) (464) (568) RELOCATABLE CAPACITY 3. Current Portable Capactty 1,225 1,300 1,300 1,300 1,300 1,300 1,300 Add/Subtract portable capacity 78 Adjusted Portable Capacity 1300 1,300 1,300 1,300 L300 1,300 1,300 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY �� '"8 " 'U8 838 " �94 , -AM 8 732 NOTES: 1 Increase Capacity at Lakeland,Panther Lake,Sunnycrest and Valhalla 2. Internet Academy students are included in projections but do not require full time use of school facilities 3 Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available This is a calculated number only. The actual number of portables that will be used will be based on actual student population needs. The District may begin to pull portables from the instructional inventory Age and condition of the portables will determine feasibility for continued instructional use 21 FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLANT CAPACITY SUMMARY-MIDDLE SCHOOLS Budget Projected-- Calendar Year 2008 2009 2010 2011 2012 2013 2014 CAPACITY School Year 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 BUILDING PROGRAM HEADCOUNT CAPACITY 5,760 5,760 5,760 5,760 5,760 5,760 5,760 FTE CAPACITY " iii flit „ 't 5',818 5,818 5,818 5,818 5,818 5,818 5,818 Adjusted Program Headcount Capacity 5,760 5,760 5,760 5,760 5,760 5,760 5,760 Adjusted Program FTE Capacity 5,818 5,818 5,818 5,818 5,818 5,819 5,818 ENROLLMENT Basic FTE Enrollment 5,162 5,091 5,119 5,120 5,085 5,037 5,011 1 Internet Academy (AAFTE) 76 76 76 76 76 76 76 Basic FTE Enrollment without Internet Aoa emy 5,086 5,015 5,043 5,044 5,009 4,961 4,935 SURPLUS OR(UNHOUSED) PROGRAM CAPACITY 674 745 717 716 751 799 825 RELOCATABLE CAPACITY 2 Current Portable Capacity 600 600 600 600 600 600 600 Add/Subtract portable capacity Add new portable capacity Adjusted Portable Capacity 600 600 600 600 600 600 600 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY "'i;; � 1,274 1,345 1,317 1,31l6 1,351' 1,399 1,425 VOTES: 1. Internet Academy students are included in projections but do not require full time use of school facilities. 2. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available This is a calculated number only The actual number of portables that will be used will be based on actual student population needs The District may begin to pull portables from the instructional inventory Age and condition of the portables will determine feasibility for continued instructional use 22 FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN CAPACITY SUMMARY-SENIOR HIGH SCHOOLS Budget Projected-- Calendar Year 2008 2009 2010 2011 2012 2013 2014 CAPACITY School Year 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 BUILDING PROGRAM HEADCOUNT CAPACITY 5,641 5,641 5,641 5,641 5,641 5,641 5,641 FTE CAPACITY 5,969 5,969 5;069 5,969 5,969 5,969 5,969 Add or subtract changes in capacity Adjusted Program Headcount Capacity 5,641 5,641 5,641 51641 5,641 5,641 5,641 Adjusted Program FTE Capacity 5,969 5,969 5,969 5,969 5,969 5,969 5,969 ENROLLMENT Basic FTE Enrollment 6,880 7,012 6,985 6.797 6,749 6,725 6,729 1 Internet Academy(AAFTE) 171 171 171 171 171 171 171 Basic Ed without Internet Academy 6,71 6,841 ':6;814 ; 6,626 6,578 6,554 ii--i 6,558 SURPLUS OR(UNHOUSED) PROGRAM CAPACITY „ , (1,068) (1,200) (1,173) (985) (937) (913) (917) RELOCATABLE CAPACITY 2 Current Portable Capacity 625 625 625 625 625 625 625 625 625 625 625 625 625 625 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE 3,'CAPACITY #"' " (443) (575) (548) '(360) (312) (288) (292) NOTES: 1 Internet Academy students are included in projections but do not require full time use of school facilities 2. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available This is a calculated number only The actual number of portables that will be used will be based on actual student population needs The District may begin to pull portables from the instructional inventory Age and condition of the portables will determine feasibility for continued instructional use 3 Capacity for unhoused students will be accommodated with traveling teachers and no planning time in some classrooms Puget Sound Early College will house approximately 60 of the unhoused students 23 jFEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN King County, the City of Federal Way, and the City of Kent Impact Fee Calculations Single and Multi-Family Residences Each jurisdiction that imposes school impact fees requires that developers pay these fees to help cover a share of the impact of new housing developments on school facilities. To determine an equitable fee throughout unincorporated King County, a formula was established. This formula can be found in King County Code 21A and was substantially adopted by the City of Federal Way and Kent. The formula requires the District to establish a "Student Generation Factor" which estimates how many students will be added to a school district by each new single or multi-family unit and to gather some standard construction costs, which are unique to that district - STUDENT GENERATION FACTOR ANALYSIS Federal Way Public Schools student generation factor was determined separately for single- family units and multi-family units The factors used in the 2007 Capital Facilities Plan were derived using actual generation factors from single-family units that were constructed in the last five (5) years. - IMPACT FEE CALCULATION Following the calculations for the student generation factor is a copy of the Impact Fee Calculation for single family and multi-family units based on King County Code 21A and the Growth Management Act. ➢ Temporary Facility Cost is the average cost of a portable purchased within the last 12 1 months. ➢ Site Acquisition Costs is the per acre cost of the last school site purchased (site 45); this is a negotiated purchase price Plan Year 2008 Plan Year 2007 Single Family Units $4,697. $3,018 Multi-Family Units $1,647. $ 856 24 000 000 O 0000000 OO_ W W A A Cn (n O O J J O (p N CD (nommZ000C 0 (D C O m a CD C O (n (D y O m CD S < 0 O Q N m C v° < CL °o m N m ? o m m NCl) 0 N < O p C7 0 O D �' O = (n o `D O d w v CD = d m a m y CD 3 (D — 0 3 m w m v Z z ,� CD z p 1 fn 1 Cl) (n 3 2 c O O C) N v J Cn N o (n CD A 3 '71 O CO N N J W co CD co ow �1 N v33 v � r �, A w m - 3 F = � OD - N _ - 0 0 0 0 0 0 o 0 0 0 0 �_ d a, d 7 0 3 ' 3 N ° ° r cn > c cn � co o u N Pi a w ; Co co " ' J a (D 3 z W (n W N (D 7 N A) 0) CO CO V CO V O (D 3 N (3J'~I N O to ErO rb z n C o o N yaz m Naz m �' c (D 3 rri mCL OD Cn W CCD (n M 'n m (O O C'') ('') W N co V O faD fn ry 0 M n m O 0 n yo ° " 0 � z b o �_ o CQ 0 2 *f > ti 3 c y 3 c > c 3 _ _ _ > A V A S Cn (T) O V 6Ai (n -+ W CNft V ry O' 7 2 p V 3 2 CD .r. N r M y T [� m m r O o 0 T cn p O O O o 0 0 0 0 0 0 0 m y p > .4 j o n C. (D (C V CO 3 N N_ (D N J m W (O W » O. N N (D Z N Q CD CO CO O A 6)O p ID .r (C A (n 3 y C1 A Cn A (Jl (D o. CD N -4 J s 0 0 3 121 3 3 CL o 0 0o -n o 0000000000 -typ. O O O d C (D N N O N N N �_ d C v (n co Z. (1 CL EC J m O O O) N J 0 Q V Cn `� N <n w CO W J W N (O o Cn N W O� (D (n Cl V J 3 3 C1 A N — co Cl) N O (O W N " w S O O (n N N N O o o -ny 3 O O C) O (D C', O O CDO C) -n ,N' 3 C p Ij A W N N A -+ n C p W (n A n a 1 + m (n O (n (O N A m W a O_ 4 A A A N ^J V A V N O M Cn N 0 (D N W cD 7 = OD Co (D W V O W O W CS) 3 ? O OO -n O 00 00 (D0 0 00 -n N 0V -+ n p V V -4 O) 0) J to W w A W n C p CO L .+ O N A CDW O J J ,..� O. .' A cD p CD N m o CD N --.AOD Cn CD CD J p fD L1 Cl A 3 0 O) (n (D 0 (O (0 0 W 03 A 3 FEDERAL WAY PUBLIC SCHOOLS 2008 CAPTIAL FACILITIES PLAN IMPACT FEE School Site Acquisition Cost: Student Student Facility Cost/ Facility Factor Factor Cost/ Cost/ Acreage Acre Capacity SFR MFR SFR MFR Elementary 000 $0 417 02796 0 1129 SO $0 Middle School 000 $0 921 0 1886 00575 SO $0 Sr High 1 20 $0 133 02178 0 0842 $0 $0 TOTAL $0 $0 School Construction Cost: Student Student %Perm Fac/ Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Capacity SFR MFR SFR MFR Elementary 9621% $9,100,000 200 02996 01129 $13,115 $4,942 MtddleSchool 9621% $0 921 01886 00575 $0 $0 Sr High 96 21% $0 933 0 2178 00842 $0 $0 TOTAL $13,115 $4,942 Temporary Facility Cost: Student Student %Temp Fac Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Size SFR MFR SFR MFR Elementary 3 79% $128,982 25 0 2996 0 1 129 $59 $22 Middle School 3 79% SO 25 0 1896 00575 $0 $0 Sr High 3 79% SO 25 02178 00842 $0 $0 TOTAL $59 $22 State Matching Credit Calculation: Student Student Area Cost Sq Ft State Factor Factor Cost/ Cost/ Allowance/'Sq Ft Student Match SFR MFR SFR MFR Elementary $162 43 901 61 90%1 92996 0 1129 $2,71 1 $1,022 Middle School $162 43 117 0 00% 0 1886 00575 SO $0 New Sr High $162 43 130 0 00% 0 2178 00842 SO $0 Total $2,711 $1,022 Tax Payment Credit Calculation SFR MFR Average Assessed Value (April 2007) $262,848 $63,234 Capital Bond Interest Rate(April 2007) 4 08% 4 08% Net Present Value of Average Dwelling S2,123,468 $510,848 Years Amortized 10 10 Property Tax Levy Rate $1 27 $1 27 Present Value of Revenue Stream $2,697 $649 1 Single Family Multi-Family Residences Residences Mitigation Fee Summary Site Acquisition Cost $ - $ - Permanent Facility Cost $ 13,115 $ 4,942 Temporary Facility Cost $ 59 $ 22 State Match Credit $ (2,711) $ (1,022) Tax Payment Credit $ (2,697) $ (649) Sub-Total $ 7,766 $ 3,294 50%Local Share $ 3,883 $ 1,647 Impact Fee $ 3,883 S 1,647 26 FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN SUMMARY OF CHANGES FROM THE 2006 CAPITAL FACILITIES PLAN The 2008 Capital Facilities Plan is an updated document, based on the 2007 Capital Facilities Plan The changes between the 2007 Plan and the 2008 Plan are listed below SECTION I - THE CAPITAL FACILITIES PLAN SIX-YEAR FINANCE PLAN The Six Year Finance Plan has been rolled forward to reflect 2008/2014 SECTION III - SUPPORT DOCUMENTATION CAPACITY Elementary school capacity reflects program changes for the 2007/08 school year Elementary capacity includes space for All Day Kindergarten programs at every elementary school Changes to the Building Program Capacities calculation are found on page 13 PORTABLES The list of portables reflects the movement of portables between facilities or new portables purchased Portable Locations can be found on page 15. STUDENT FORECAST The Student Forecast now covers 2008 through 2014. Enrollment history and projections are found on page 18. CAPACITY SUMMARY The changes in the Capacity Summary are a reflection of the changes in the capacities and student forecast New schools and increased capacity at current buildings are shown as increases to capacity. Capacity Summaries are found on pages 20-23. IMPACT FEE CALCULATION - KING COUNTY CODE 21A The Impact Fee Calculations have changed due to changes in several factors. The adjustment made in the Impact Fee Calculation, causing a change in the Impact Fee between the 2007 Capital Facilities Plan and the 2008 Capital Facilities Plan can be found on page 29. 27 FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION CHANGES FROM 2007 TO 2008 STUDENT GENERATION FACTORS Student Generation factors are based on rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation. The changes in student Generation factors between the 2007 Capital Facilities Plan and the 2008 Capital j Facilities Plan are due to developments that were deleted or added based upon the age of the developments and the year placed in the survey. The Student Generation worksheet is found on page 25. SCHOOL CONSTRUCTION COSTS The anticipated cost for replacing Lakeland, Panther Lake, Sunnycrest and Valhalla is $70,000,000. The replacement will add 50 new seats to the school capacity at each building The total capacity at these four elementary schools is currently 1505. Adding 200 additional seats will increase the capacity by 13%. Total Cost .13 X $70,000,000 = $9,100,000 i i i 1 1 i i 28 FEDERAL WAY PUBLIC SCHOOLS 2008 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION CHANGES FROM 2007 TO 2008 IMPACT FEE Item From/To Comment Percent of Permanent Facilities 96.08% to 96.21% Report #3 OSPI Percent Temporary Facilities 3.92% to 3.79% Updated portable inventory Average Cost of Portable $128,106 to $128,982 Updated average of portables Classroom purchased and placed in 2006 Area Cost Allowance $154 22 to $162.43 Change effective Julyl, 2007 State Match No Change Average Assessed Value SFR— Per Puget Sound Educational , $245,644 to $262,848 Service District (ESD 121) MFR— $57,873 to $63,234. Capital Bond Interest Rate 4.39% to 4.08% Market Rate Property Tax Levy Rate $1.14 to $1.27 King County Treasury Division Single Family Student Yield Updated Housing Inventory Elementary .3030 to .3462 Middle School .2013 to .2186 High School .2013 to .2418 Multi-Family Student Yield Updated Housing Inventory Elementary .0929 to .1129 Middle School .0410 to .0575 High School 0628 to .0842 i 29 T ' i Mission Federal Way Public Schools is obligated to educate all students in academic knowledge, skills, abilities and responsible behavior to be successful, contributing members of a free society Vision All students proficient in reading and math All students will meet or exceed standards in reading and math on all WAR tests i IFederal Way Public Schools 31405 18`h Avenue S Federal Way, Washington 98003-5433 (253) 945-2000 III This document is published by the Business Services Department of the Federal Way Public Schools June 2007 i I ' ' Federal Way Public Schools 49 Every Student, a Reader r AUBURN SCHOOLNo. 408 2007CAPITAL FACILITIES PLAN i IL Construction progress of Arthur Jacobsen Elementary �r i y^i _ a r Adopted bythe Auburn DistrictBoard ofDirectors April i AUBURN SCHOOL DISTRICT No. 408 915 Fourth Street NE Auburn, Washington 98002 (253) 931-4900 Serving Students in Unincorporated King County City of Auburn City of Algona City of Kent City of Pacific BOARD of DIRECTORS , Carol Helgerson , Craig Schumaker Janice Nelson Clarissa Ruston Ray Vefik Linda S Cowan, Superintendent , AUBURN SCHOOL DISTRICT "Avenue to Excellence" Table of Contents I Section I Executive Summary ... .. Page 1 ISection II Enrollment Projections. . . ..... . ..Page 6 Section III Standard of Service. .. .. ...... Page 8 i Section IV Inventory of Facilities . .. .. .... ... . . Page 15 Section V Pupil Capacity .. . ... . . Page 18 Section VI Capital Construction Plan ...... ....... Page 21 iSection VI Impact Fees.. Page 24 Section VIII Appendices ......................... ...... Page 28 IAppendix A 1 -Student Enrollment Projections Page 29 IAppendix A 2 -Capital Facilities Plan Projections Page 43 Appendix A.3-Student Generation Survey Page 48 t t Auburn School District No 408 I Capital Facilities Plan 2007 through 2013 Section I Executive Summary Auburn School District No. 408 CAPITAL FACILITIES PLAN 2007 through 2013 I. Executive Summary IThis Six-Year Capital Facilities Plan(the "Plan")has been prepared by the Auburn School District(the"District") as the District's principal planning document, in compliance with the requirements of Washington's Growth Management Act and the adopted ordinances of the counties and cities served by the District. This plan was prepared using data available in the spring of 2007. This Plan is consistent with prior long-term capital facilities plans adopted by the District. However, this Plan is not intended to be the sole plan for all of the District's needs. The District may prepare interim and periodic long range Capital Facilities Plans consistent with Board Policies and actions,taking into account a longer or a shorter time period; other factors and trends in the use of facilities; and other needs of the District as 1 may be required However, any such plan or plans will be consistent with this Six-Year Capital Facilities Plan. To enable the collection of impact fees in the unincorporated areas of King County and within the City of Auburn and City of Kent;the King County Council, the City of Auburn and the City of Kent will adopt this Plan by reference as part of each jurisdiction's respective comprehensive plan. To enable the collection of impact fees in the Cities of Algona and Pacific,these municipalities must also adopt this Plan and adopt school impact fee ordinances. Pursuant to the requirements of the Growth Management Act,the Plan will be updated on an annual basis, and any changes in the fee schedule(s)adjusted accordingly. j The Plan establishes the District's "standard of service" in order to ascertain the District's current and future capacity. While the State Superintendent of Public Instruction establishes square footage guidelines for capacity,those guidelines do not account for the local program needs of the District. The Growth Management Act and the school impact fee ordinance authorize the District to define its standard of service based on the District's specific needs. In general,the District's current standard provides that class size for grades K-2 should not exceed 25 students; class size for grades 3-4 should not exceed 27 students, class size for grade 5 should not exceed 30 students. When averaged over the six elementary grades,this computes to 26.5 students per ' classroom. Class size for grades 6-12 should not exceed 30 students,with some subject areas restricted to lesser numbers. (See Section III for more specific information ) The capacity of the schools in the District is calculated based on this standard of service and the existing inventory of facilities including transitional classrooms. The District's 2 2006-07 capacity was 13,168 whereas Full Time Equivalent ("FTE")enrollment for this same period was 13,734.66. The actual number of individual students was 14,418 as of October 1, 2006. (See Section V for more specific information.) The capital construction plan shown in Section VI addresses the additions to the District's existing facilities This provided for a new high school approved by the voters in February 2003 and opened in September 2005 and the addition of two new elementary schools approved by the voters in February 2005. Also, the acquisition of a new middle , school site and construction of a new middle school and the acquisition of a new elementary school site is needed to accommodate growth. The new facilities are required to meet the projected student population increase to be generated from the large development areas within the Auburn School District. Three areas that have significant impact on the school district are the Lakeland South, the Lea Hill, and the north Auburn valley areas of the district There are other pockets of development that impact the District as well. The City of Kent has an area of approximately 158 acres that was sold to developers in 2004. The School Impact Fee Ordinances adopted by King County, the City of Auburn and the City of Kent provide for the assessment of impact fees to assist in meeting some of the fiscal impact incurred by a District experiencing growth and development. Section V II sets forth the proposed school impact fees for single family and multi-family dwelling units. The student generation factors have been generated using the students who actually attend school in the Auburn School District from single family and multi-family developments constructed in the last five years The method of collecting the data is with the use of GIS mapping software, data from King County and Pierce County GIS; and to integrate the mapping with student data from the District data system. This method gives the District actual student generation numbers for each grade span for identified developments. This data is contained in Appendix A.3. I t I t 3 Auburn School District No 408 CAPITAL FACILITIES PLAN 2007 through 2013 EXECUTIVE SUMMARY CAPITAL FACILITIES PLAN CHANGES FROM 2006 TO 2007 Listed below is a summary level outline of the changes from the 2006 Capital Facilities Plan that are a part of the 2007 Plan The changes are noted by Section for ease of reference Section Executive Summary A Updated to reflect new information within the Plan. B Summary level list of changes from previous year Section 11 Enrollment Projections Updated projections See Appendices A 1 8 A 2 Section III Standard of Service A Increase in English as a Second Language program required 1 additional classroom at the elementary level 8 Increase of 1 learning specialist classroom at elementary level C Increase of 1 early childhood classroom at elementary level D Reduction of 1 second grade TOSA program at elementary level ' E Increase of 4 full day kindergarten programs at elementary level F Increase of 2 special education resource rooms at elementary level G Increase of 1 structured learning classroom at middle school level H Reduction of 2 special education resource rooms at high school level i I Section IV Inventory of Facilities Updated to include Arthur Jacobsen Elementary School in inventory, opening 2007 Section V Pupil Capacity Updated to include Arthur Jacobsen Elementary School in inventory, opening 2007. 4 Auburn School Dmtnct No 408 CAPITAL FACILITIES PLAN 2007 through 2013 EXECUTIVE SUMMARY Section VII Impact Fees CHANGES TO IMPACT FEE DATA ELEMENTS 2006 to 2007 CPF CPF ' DATA ELEMENTS 2006 2007 EXPLANATION Student Generation Factors Single Family Consistent with King County Ordinance 11621, Elementary 03010 03120 Student Generation Factors are calculated Mid School 01510 01270 by the school district based on district Sr High 01660 01610 records of average actual student generation Mulb-Family rates for new developments constructed Elementary 0.0611 00460 over the last five years Mid School 0.0317 00190 Sr High 00452 00340 School Construction Costs Elementary $16,900,000 $21,500,000 Updated project estimated costs Middle School $30,000,000 $42,000,000 Updated project estimated costs High School $58,500,000 $0 High School in full operation Site Aquistion Costs Cost per acre $146,000 $228,269 Updated estimates on land costs Boeckh Index $154 22 $154 22 Updated to projected SPI schedule(G Beck) Match % -State 55 71% 58 11% Updated to current SPI schedule j Match % -District 44 29% 41 89% Computed District Average AV Single Family $237,281 $257,404 Updated from February 2007 King County, Dept of Assessments data Multi-Family $57,530 $69,427 Updated from March 2007 King County Dept of Assessments data using weighted average Debt Sery Tax Rate $2 39 $2 14 Current Fiscal Year GO Bond Int Rate 4 39% 4 08% Current Rate (Bond Buyers 20 Index 3-07) Section Vlll Appendices Appendix A 1 -Updated enrollment projections from October 1,2006 Appendix A 2-Updates enrollment projections with anticipated buildout schedule Appendix A.3-Student Generation Survey 5 , 1 r � 1 ' Auburn School District No. 408 Capital Facilities Plan ' 2007 through 2013 ■ Section II Enrollment Projections 1 r 1 � 1 1 1 1 1 1 Auburn School District No 408 CAPITAL FACILITIES PLAN 2007 through 2013 ENROLLMENT PROJECTIONS The Auburn School Distnct uses a modified cohort survival model to project future enrollment for all ' of the District's operations Table 11.1 is an extract from the comprehensive projection model found in Appendix A 2 titled "CAPITAL FACILITIES PLAN Enrollment Projections" This Table shows the anticipated enrollment for the next six years based on the previous 13 year history of the District under the ' assumptions set forth in the comprehensive projections, Appendix A 1, and the projection for additional students generated from the Lakeland South and Lea Hill areas as shown in Appendix A 2 TABLE ASO ENROLLMENT t 11.1 PROJECTIONS Oct 2006 ACTUAL PROJ PROJ PROJ PROJ PROJ PROJ GRADE 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 KDG 941 960 978 1000 1022 1037 1053 1 1012 1013 1032 1056 1079 1095 1111 2 1002 1041 1042 1065 1088 1104 1120 ' 3 1031 1040 1079 1084 1107 1124 1140 4 1049 1060 1069 1112 1118 1135 1152 5 998 1084 1095 1109 1 1153 1152 1169 , K- 5 6033 6197 6295 6424 6567 6647 6745 6 1058 1028 1114 1130 1145 1181 1181 7 1014 1096 1066 1156 1172 1179 1216 , 8 1072 1043 1125 1099 1190 1198 1206 6-8 1 3144 3167 3305 3385 3506 3559 3602 9 1372 1385 1362 1456 1439 1527 1542 10 1400 1322 1332 1311 1402 1372 1458 11 1322 1326 1244 1255 1231 1310 1277 12 1147 1248 1249 1169 1178 1144 1221 9- 12 5241 5281 5188 5192 1 5250 5353 1 5497 TOTALS 14418 14645 14787 15001 15323 15558 15844 GRADES KA 2 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 K-5 w/K @ 1/2 5563 5717 5806 5924 6056 6128 6219 , 6-8 3144 3167 3305 3385 3506 3559 3602 9-12 5241 5281 5188 5192 5250 5353 5497 K-12 w/K @ 112 13948 14166 14298 14501 14812 15040 15318 7 1 Auburn School District No. 408 Capital Facilities Plan ' 2007 through 2013 1 1 1 Section III ' Standard of Service 1 Aubum School Distnct No.408 , CAPITAL FACILITIES PLAN 2007 through 2013 ' STANDARD OF SERVICE 1 The School Impact Fee Ordinances adopted by King County, the City of Auburn ' and the City of Kent indicate that each school district must establish a "Standard of Service'in order to ascertain the overall capacity to house its projected student population The Superintendent of Public Instruction establishes square footage "capacity'guidelines for computing state funding support The fundamental purpose of the SPI guidelines is to provide a vehicle to equitably distribute state matching funds for school construction projects. By default these guidelines have been used to benchmark the district's capacity to house its student population The SPI guidelines do not make adequate provision for local district program needs, facility configurations, emerging educational reform, or the dynamics of each student's educational program The Auburn School District Standard of Service addresses those local considerations that require space in excess of the SPI guidelines. The effect on the space requirements for both permanent and relocatable facilities is shown below for each grade articulation pattern Conditions that may result in potential space needs are provided for information purposes without accompanying computations. OVERVIEW The Auburn School District operates thirteen elementary schools housing 6,033 students in grades K through 5 The 905 of the 955 Kindergarten students attend 1/2 days throughout the year Grades 1 through 5, plus 125 kindergartners, attend on a full day basis When converted to a full time equivalence , the K-5 enrollment is 5,563 Four middle schools house 3,144 students in grades 6 through 8 The District operates three comprehensive senior high schools and one alternative high school housing 5,241 students in grades 9 through 12 The District opened the fourth high school in the fall of 2005 CLASS SIZE The number of pupils per classroom determines the number of classrooms required to house the , student population Class sizes are subject to collective bargaining Changes to class size agreements can have significant impact on available space The current pupil/teacher limit across all elementary programs is an average of 26 5 students per , teacher Consistent with this staffing limit, room capacities are set at 26 5 students per room at grades K -5 At grades 6 - 12 the limit is set at 30 pupils per room The SPI space allocation for each grade articulation level, less the computed reduction for the Auburn School District Standard of Service, , determines the District's capacity to house projected pupil populations These reductions are shown below by grade articulation level ELEMENTARY SCHOOLS STRUCTURED LEARNING AND BEHAVIOR AND DEVELOPMENTALLY DISABLED SPECIAL EDUCATION The Auburn School District operates a structured leaming program for students with moderate disabilities at the elementary school level which currently uses eight classrooms to provide for 96 students The housing requirements for this program are provided for in the SPI space guidelines No loss of capacity is expected unless population with disabilities grows at a disproportionate rate compared to total elementary population 9 ' Auburn School District No Q8 CAPITAL FACILITIES PLAN 2007 through 2013 STANDARD OF SERVICE ' SPECIAL EDUCATION RESOURCE ROOMS The Auburn School District operates a resource room program at the elementary level for ' special education students requiring Instruction to address their specific disabilities Seventeen standard classrooms are required to house this program The housing requirements for this program exceed the SPI space guidelines by eleven standard classrooms The loss of capacity Is expected as growth In program is larger than the total elementary population Loss of Permanent Capacity 11 rooms @ 26 5 each= (292) Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 ' Total Capacity Loss (292) NATIVE AMERICAN RESOURCE ROOM The Auburn School District operates one resource room to support the education of Native American students at the elementary level One standard classroom Is fully dedicated to serve these students ' Loss of Permanent Capacity 1 room @ 26 5 each = (27) Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (27) HEAD START The Auburn School District operates a Head Start program for approximately 118 youngsters in six sections of 112 day In length The program Is housed at Evergreen Heights Elementary School and utilizes three standard elementary classrooms and auxiliary office space The housing requirements for this program are not provided for in the SPI space guidelines Loss of Permanent Capacity 3 rooms @ 26 5 each = (80) ' Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (80) EARLY CHILDHOOD SPECIAL EDUCATION The Auburn School District operates a pre-school program for young children with disabilities below age five This program Is housed at seven different elementary schools and currently uses nine ' standard classrooms The housing requirements for this program are not provided for in the SPl space guidelines Loss of Permanent Capacity 7 rooms @ 26 5 each= (186) Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (186) 10 Aubum School District No 408 ' CAPITAL FACILITIES PLAN 2007 through 2013 , STANDARD OF SERVICE READING LABS , The Auburn School District operates a program for students needing remedlation and additional language arts Instruction These programs utilize non-standard classroom spaces if available in each elementary school Four elementary schools do not have non-standard rooms available, thus they are housed in a standard classroom The housing requirements for this program are not provided for in the SPI space guidelines Loss of Permanent Capacity 4 rooms @ 26 5 each = (106) , Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (106) MUSIC ROOMS , The district elementary music programs require one acoustically modified classroom at each elementary school for music instruction The housing requirements are not provided for ' in the SPI space guidelines Loss of Permanent Capacity 14 rooms @ 26 5 each = (371) Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 , Total Capacity Loss (371) ENGLISH AS A SECOND LANGUAGE PROGRAM The Auburn School District operates a pullout program at the elementary school level for students learning English as a second language This program requires fourteen standard classrooms that are not provided for in the SPI space guidelines , Loss of Permanent Capacity 14 rooms @ 26 5 each = (371) Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (371) SECOND GRADE TOSA PROGRAM The Auburn School District provides a TOSA reading specialist program for nine highly impacted elementary schools This pullout model provides direct instruction to students who are not at grade level and do not receive other services This program requires eight standard classrooms that are ' not provided for in the SPI space guidelines Loss of Permanent Capacity 8 rooms @ 26 5 each = (212) , Loss of Temporary Capacity 0 rooms @ 26 5 each = 0 Total Capacity Loss (212) ELEMENTARY LEARNING SPECIALIST PROGRAM ' The Auburn School District provides a learning specialist program to increase literacy skills for first and second graders This program model has been created from the 1-728 funds and currently has the specialist going into existing teacher classrooms, as well as pulling out students into designated classrooms The district is utilizing classrooms at all fourteen elementary schools Loss of Permanent Capacity 14 rooms @ 26 5 each = (371) Loss of Temporary Capacity 0 rooms @ 26 5 each= 0 ' Total Capacity Loss (371) 11 ' Auburn School District No 408 CAPITAL FACILITIES PLAN 2007 through 2013 STANDARD OF SERVICE MIDDLE SCHOOLS STRUCTURED LEARNING CENTER AND DEVELOPMENTALLY DISABLED SPECIAL EDUCATION The Auburn School District operates three structured learning classrooms at the middle school level for students with moderate disabilities One developmentally disabled classroom for students with profound ' disabilities The housing requirements for this program are provided in the SPI space allocations ACCESS SPECIAL EDUCATION ' The Auburn School District provides a transition program for students with behavioral disorders The program is housed at one of the middle schools and uses one classroom The housing requirements for this program are provided in the SPI space allocations SPECIAL EDUCATION RESOURCE ROOMS The Auburn School District operates a resource room program for each grade at the middle school level This is to accommodate special education students needing remedial Instruction to address their specific disabilities Three classrooms per school (twelve total) are required to provide for approximately 300 students The housing requirements for this program are not entirely provided for in the SPI space guidelines MIDDLE SCHOOL COMPUTER LABS The Auburn School District operates a minimum of one computer lab at each middle school This program utilizes a standard classroom per middle school The housing requirements for this program ' are not provided for in the SPI space guidelines Loss of Permanent Capacity 4 rooms @ 30 each= (120) Loss of Temporary Capacity 0 rooms @ 30 each= 0 Total Capacity Loss (120) ENGLISH AS A SECOND LANGUAGE ' The Auburn School District operates a pullout program at the middle school level for students learning English as a second language This program requires four standard classrooms that are not provided for in the SPI space guidelines Loss of Permanent Capacity 4 rooms @ 30 each= (120) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (120) ' ROOM UTILIZATION The Auburn School District provides a comprehensive middle school program that includes elective options in special interest areas Facilities to accommodate special interest activities are not amenable to standard classroom usage The district averages 95% utilization of all available teaching stations SPI Report#3 dated 11/08/06 identifies 151 teaching stations available in the mid-level facilities The utilization pattern results in a loss of approximately 8 teaching stations Loss of Permanent Capacity 8 rooms @ 30 each = (240) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss I(240) ' 12 r Aubum School District No 406 , CAPITAL FACILITIES PLAN ' Z00T through 2013 STANDARD OF SERVICE SENIOR HIGH SCHOOLS SENIOR HIGH COMPUTER LABS The Auburn School District operates two computer labs at each of the senior high schools This ' program utilizes two standard classrooms at comprehensive high schools and one at West Auburn The housing requirements for this program are not provided for in the SPI space guidelines Loss of Permanent Capacity 7 rooms @ 30 each = (210) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (210) ENGLISH AS A SECOND LANGUAGE The Auburn School District operates a pullout program at three comprehensive high schools for students learning English as a second language This program requires five standard classrooms that are not provided for in the SPI space guidelines Loss of Permanent Capacity 5 rooms @ 30 each = (150) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (150) STRUCTURED LEARNING CENTER PROGRAM The Auburn School District operates four structured learning center classrooms for 46 students with , moderate to severe disabilities The housing requirements for this program are provided in the SPI space guidelines SPECIAL EDUCATION RESOURCE ROOMS The Auburn School District operates a resource room program at the senior high level for special education students requiring instruction to address their specific learning disabilities The current senior high school program requires thirteen classrooms to provide for approximately 404 students , The SPI space guidelines provide for one of the thirteen teaching stations Loss of Permanent Capacity 12 rooms @ 30 each = (360) Loss of Temporary Capacity 0 rooms @ 30 each = 0 , Total Capacity Loss (360) PERFORMING ARTS CENTERS t Auburn High School includes 25,000 square feet used exclusively for a Performing Arts Center The SPI Inventory includes this space when computing unhoused student capacity This space was not intended for nor is it usable for classroom instruction It was constructed to provide a community center for the performing arts Using SPI capacity guidelines, 25,000 square feet computes to 208 unhoused students or 8 33 classrooms Loss of Permanent Capacity 8 33 rooms @ 30 each = (250) t 13 , ' Aubum School District No 408 CAPITAL FACILITIES PLAN ' 2007 through 2013 STANDARD OF SERVICE ' ROOM UTILIZATION The Auburn School District provides a comprehensive high school program that Includes numerous elective options In special Interest areas Facilities to accommodate special Interest activities are not amenable to standard classroom usage The district averages 95%utilization of all available teaching stations SPI Report#3 dated 11/08/06 identifies 148 teaching stations available In the senior high facilities The utilization pattern results in a loss of approximately 10 teaching stations ' Loss of Permanent Capacity 10 rooms @ 30 each = (300) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (300) STANDARD OF SERVICE COMPUTED TOTALS ' ELEMENTARY Loss of Permanent Capacity = (2,014) Loss of Temporary Capacity 0 Total Capacity Loss (2,014) MIDDLE SCHOOL Loss of Permanent Capacity= (480) Loss of Temporary Capacity 0 Total Capacity Loss (480) SENIOR HIGH Loss of Permanent Capacity= (1,270) Loss of Temporary Capacity 0 Total Capacity Loss (1,270) TOTAL Loss of Permanent Capacity= (3,764) Loss of Temporary Capacity 0 Total Capacity Loss (3,764) ' 14 i i 1 Auburn School District No 408 , Capital Facilities Plan 2007 through 2013 ' 1 Section IV Inventory of Facilities 1 i i 1 1 1 1 1 Aubum School Distnd No 408 1 CAPITAL FACILITIES PLAN 2007 through 2013 INVENTORY OF FACILITIES Table IV.1 shows the current inventory of permanent district facilities and their OSPI rated capacities. Table IV.2 shows the number and location of each portable unit by school. The district uses relocatable facilities to: 1. provide Interim housing in school attendance areas uniquely impacted by increasing school populations that would otherwise require continual redistricting. 2. make space available for changing program requirements and offerings determined by unique student needs,and 3. provide housing to cover district needs until permanent facilities can be financed and constructed. Relocatable facilities are deemed to be interim, stop gap measures that often place undesirable stress on existing physical plants. Core facilities(i.e.gymnasiums,restrooms,kitchens, labs, lockers, libraries, etc.)are not of sufficient size or quantity to handle the increased school population served by adding relocatable classrooms. Table Permanent Facilities District School Facilities IV.] QOSPI Rate Capacity (November 2W6) Building Capacity Acres Address Elementary Schools ' Washington Elementary 492 5.40 20 E Street Northeast,Auburn WA,98002 Terminal Park Elementary 401 670 1101 D Street Southeast,Aubum WA 98002 Dick Scobee Elementary 550 1050 1031 14th Street Northeast,Aubum WA 98002 Pioneer Elementary 415 8.30 2301 M Street Southeast Aubum WA 98002 Chinook Elementary 485 875 3502 Aubum Way South,Aubum WA,98092 Lea Hill Elementary 459 1000 30908 124th Avenue Southeast Aubum WA 98092 Gildo Rey Elementary 531 1000 1005 37th Street Southeast Auburn WA 98002 Evergreen Heights Elem. 456 809 5602 South 316th,Aubum WA,98001 AI ac Elementary 494 1060 310 Milwaukee Boulevard North,Pacific WA,98047 Lake View Elementary 595 1640 16401 Southeast 318th Street Aubum WA 98092 ' Hazelwood Elementary 578 12.67 11815 Southeast 304th Street,Aubum WA,98092 tlalko Elementary 585 12.00 301 Oravetz Place Southeast Auburn WA,98092 Lakeland Hills Elements 595• 1200 1020 Evergreen Way SE,Auburn WA,98092 Arthur Jacobsen Elements 585' 1000 29205 132 Street SE,Auburn,WA 98092 ELEM CAPACITY 7211 Middle Schools ' Cascade Middle School 836 17 30 1 1015 24th Street Northeast, Aubum WA 99002 Olympic Middle School 898 1740 1825 K Street Southeast,Aubum WA,98002 Rainier Middle School 849 2633 30620 116th Avenue Southeast Auburn WA 98092 Mt Baker Middle School 845 3088 620 37th Street Southeast, Auburn WA 98002 ' MS CAPACITY 3 428 Senior H' h Schools West Auburn High School 231 510 401 West Main Stree Aubum WA,98001 Aubum Senior High 2,261 18.60 800 Fourth Street Northeast Aubum WA 98002 Aubum Riverside HS 1,388 33.00 501 Oravetz Road Aubum WA 98092 Aubum Mountainview HS 1,431 40.00 289D0 124 Ave SE Aubum WA 98092 SH CAPACITY 5,311 TOTAL CAPACITY 15,950 *Estimated-Not included in November 2006 OSPI Report ' 16 Auburn School District No 408 CAPITAL FACILITIES PLAN ' 2007 through 2013 INVENTORY OF FACILITIES TABLE I TEMPORARYIRELOCATABLE IV.2 FACILITIES INVENTORY March 2007 Elementa Location 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 Washington 0 0 0 0 0 0 0 ' Terminal Park 2 2 2 2 2 2 2 Dick Scobee 3 3 3 3 3 3 3 Pioneer 3 3 3 3 3 3 3 ' Chinook 5 5 5 5 5 5 5 Lea Hill 5 5 2 2 2 2 2 Gildo Rey 6 6 6 6 6 6 6 Evergreen Heights 0 0 2 2 2 2 2 Alpac 2 2 2 2 2 2 2 Lake View 2 2 2 2 2 2 2 Hazelwood 0 0 0 0 0 0 0 , Ilalko 5 2 2 2 2 2 2 Lakeland Hills Elementary 0 0 0 0 0 0 0 Arthur Jacobsen Elementary 0 1 0 1 0 1 0 0 1 0 TOTAL UNITS 33 30 29 29 29 29 29 ' TOTAL CAPACITY 875 795 769 769 769 769 769 Middle School Location 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 Cascade 0 0 0 2 2 2 2 Olympic 0 0 2 2 2 2 2 Rainier 5 5 8 8 8 8 8 ML Baker 4 4 6 6 8 8 8 TOTAL UNITS 9 9 16 18 20 20 20 TOTAL CAPACITY 270 270 480 540 600 600 600 Sr High School Location 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 t West Auburn 0 0 1 1 1 1 1 Auburn 12 12 12 12 12 12 12 ' Auburn Riverside 10 13 13 13 13 13 13 Auburn Mountainview 0 0 0 0 0 0 0 TOTAL UNITS 22 25 26 26 26 26 26 TOTAL CAPACITY 660 1 750 780 1 780 780 780 780 COMBINED TOTAL UNITS li4 64 71 73 75 75 75 COMBINED TOTAL CAPACITY 1,805 1,815 2,029 2,089 2,149 249 2,149 17 , r i Auburn School District No 408 Capital Facilities Plan ' 2007 through 2013 1 ' Section V ' Pupil Capacity Auburn School Disinct No 408 ' CAPITAL FACILITIES PLAN 2007 through 2013 PUPIL CAPACITY While the Auburn School District uses the SPI inventory of permanent facilities as the data from which to determine space needs,the District's educational program requires more space than that ' provided for under the formula This additional square footage is converted to numbers of pupils in Section 111, Standard of Service The District's capacity is adjusted to reflect the need for additional space to house its programs Changes in the capacity of the district recognize new unfunded ' facilities The Combined effect of these adjustments is shown on Line B in Tables V 1 and V 2 below Table V.1 shows the Distict's capacity with relocatable units included and Table V 2 without these units Table VA ' Capacity WITH relocatables 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 A SPI Capacity 15,365 15,365 15,950 15,950 15,950 16,750 16,750 , A 1 SPI Capacity-New Elem 585 11 A 2 SPI Capacity-New MS 800 B Capacity Adjustments 2,199 1,949 1,735 1,675 1,615 1,615 1,615 C Net Capacity 13,166 14,001 14,215 14,275 15,135 15,135 15,135 D ASD Enrollment 14,418 14,645 14.787 15,001 15,323 15,558 15,844 , 31 E ASD Surplus/Deficit (1,252) (644) (572) (727) (188) (424) (710) CAPACITY ADJUSTMENTS i Include Relocatable 1,805 1,815 2,029 2,089 2,149 2,149 2,149 21 Exclude SOS 14 4,004 3,764 3,764 3,764 3,764 3,764 3,764 Total Adjustments (2,199) (1,949) (1,735) (1,675) (1,615) (1,615) (1,615) Table V.2 ' Capacity WITHOUT relocatables 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 ' A SPI Capacity 15,365 15,365 15,950 15,950 15,950 16,750 16,750 A 1 SPI Capacity-New Elem 585 1/ A 2 SPI Capacity-New MS 800 B Capacity Adjustments 4,004 3,764 3,764 3,764 3,764 3,764 3,764 ' C Net Capacity 11,361 12,186 12,186 12,186 12,986 12,986 12,986 D ASD Enrollment 14,418 14,645 14,787 15,001 15,323 15,558 15,844 ' E ASD Surplus/Deficit (3,057) (2,459) (2,601) (2,815) (2,337) (2,572) (2,858) CAPACITY ADJUSTMENTS 2/ Exclude SOS 14 4,004 3,764 3,764 3,764 3,764 3,764 3 764 ' Total Adjustments (4,004) (3,764) (3,764) (3,764) (3,764) (3,764) (3,764) 1/New facilities shown in 2010-11 are not funded under the current Capital Facilities Plan ' 2/The Standard of Service represents 26 05%of SPI capacity When new facilities are added the Standard of Service computations are decreased to 23 95%of SPI capacity. 3/ Students beyond the capacity are accomodated in other spaces(commons,library, theater,shared teaching space) t9 ' tAuburn School District No 408 CAPITAL FACILITIES PLAN ' 2007 through 2013 PERMANENT FACILITIES PUPIL CAPACITY @ SPI Rated Capacity March 2007) A Elementary Schools Building 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 Washington 492 492 492 492 492 492 492 Terminal Park 401 401 401 401 401 401 401 Dick Scobee 550 550 550 550 550 550 550 Pioneer 415 415 415 415 415 415 415 Chinook 485 485 485 485 485 485 485 Lea Hill 459 459 459 459 459 459 459 Gildo Rey 531 531 531 531 531 531 531 Ever Heights 456 456 456 456 456 456 456 Alpac 494 494 494 494 494 494 494 Lake View 595 595 595 595 595 595 595 Hazelwood 578 578 578 578 578 578 578 Ilalko 585 585 585 585 585 585 585 Lakeland Hills Elementar 585 585 585 585 585 585 585 Arthur Jacobsen 0 585 585 585 585 585 585 Elennenarty#15 ELEM CAPACITY 6,6261 7,211 1 7,211 7,211 1 7,211 7,211 7,211 B Middle Schools Building 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 Cascade 836 836 836 836 836 836 836 Olympic 898 898 898 898 898 898 898 Rainier 849 849 849 849 849 849 849 ML Baker 845 845 845 845 845 845 845 Middle School#5 0 01 01 0 B00 800 800 MS CAPACITY 3,4281 3,4281 3,428 1 3,4281 4,2281 4,22811 4,228 C Senior High Schools Building 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 West Auburn 231 231 231 231 231 231 231 Auburn 2,261 2,261 2,261 2,261 2,261 2,261 2,261 Auburn Riverside 1,388 1,388 1,388 1,388 1,388 1,388 1,388 Auburn Mountainview 1,431 1,431 1,431 1,431 1,431 1,431 1,431 SH CAPACITY 5,311 5,311 5,311 5,311 5,311 5,311 5,311 COMBINED CAPACITY 1 16,365 1 15,950 1 15,950 1 15,950 1 16,760 16,750 16,750 t 20 1 Auburn School District No. 408 Capital Facilities Plan 2007 through 2013 Section VI Capital Construction Plan j t t l Aubum School Distnct No 408 1 CAPITAL FACILITIES PLAN 2007through 2013 CAPITAL CONSTRUCTION PLAN The formal process used by the Board to address current and future facility needs began in 1974 with the formation of a community wide citizens committee The result of this committee's work was published in the document titled'Guidelinesfor Development' In 1985 the Board formed a second Ad Hoc citizens committee to pick up from the work of the first and address the needs of the District for subsequent years.The work of this committee was published in the document titled 'Directions far the Nineties ' In 1995 the Board commissioned a third Ad Hoc citizens committee to make recommendations for improvements to the District's programs and physical facilities The committee recommendations are published in the document titled Education Into The Twenty-First Century--A Community involved' The 1995 Ad Hoc committee recommended the District develop plans for the implementation,funding, and deployment of technology throughout the District's programs The 1996 Bond proposition provided funding to enhance the capacity of each facility to accommodate technological applications. The 1999 Capital Levy provided funding to further deploy technology at a level sufficient to support program requirements in every classroom and department. In 2005 a replacement technology levy was approved to continue to support technology across all facets of the District's teaching, leaming and operations. In addition to the technology needs of the District the Ad Hoc committee recognized the District must prepare for continued student enrollment growth As stated in their report, "the District must pursue an appropriate high school site as soon as possible" The Ad Hoc recommendation included commentary that the financing should be timed to maintain consistent rates of assessment. A proposition was approved by the voters on April 28, 1998 that is providing$8,000,000 over six years to address some of the technology needs of the District,and$5,000,000 to provide funds to acquire school sites. During the 1997-98 school year a Joint District Citizen's Ad Hoc Committee was appointed by the Auburn and Dieringer School Boards to make recommendations on how best to serve the school population that will come from an area that includes a large development known as Lakeland South. Lakeland South is immediately adjacent to the southern boundary of the Auburn School District On June 16, 1998 the Ad Hoc Committee presented its recommendation at a joint meeting of the Auburn and Dieringer Boards of Directors. On June 22, 1998 the Auburn School Board adopted Resolution No.933 authorizing the process to initiate the adjustment of the boundaries of the District in accordance with the Ad Hoc Committee's recommendation On June 23, 1998 the Dieringer School Board adopted a companion Resolution No 24-97-98 authorizing the process to initiate the adjustment of the boundaries in accordance with the Ad Hoc Committee's recommendation. These actions resulted in the transfer of an area from Dieringer to Auburn containing most of the Lakeland South development and certain other undeveloped properties. Development in this area is progressing at an aggressive rate. jIn April of 2002,the Board formed a fifth citizen's Ad Hoc committee to address the following two items and make recommendations to the board in the Fall of2002: a. A review of the conclusion and recommendations of 1985 and 1995 Ad Hoc Committees related to accommodating high school enrollment growth. This includes the review of possible financing plans for new facilities. b. Develop recommendations for accommodating high school enrollment growth for the next 10 years if a new senior high school is not built. This committee recommended the board place the high school on the ballot for the fifth time in February 2003. The February election approved the new high school at 68.71%yes votes The school opened in the Fall of 2005. In the Fall of 2003 the school board directed the administration to begin the planning and design for Elementary#13 and Elementary#14 In the Fall of 2004,the Auburn School Board passed resolution#1054 to place on the ballot in February 2005 two elementary schools. The voters approved the ballot measure in February of 2005 at 64 72% Lakeland Hills Elementary (Elementary#13)opened in the Fall of 2006. Arthur Jacobsen Elementary(Elementary#14)is under construction in the Lea Hill area on a 10 acre site and is scheduled to open in the Fall of 2007. 22 Auburn School District No 408 CAPITAL FACILITIES PLAN 2007through 2013 CAPITAL CONSTRUCTION PLAN In the 2004-05 school year,the Board convened a sixth Citizen's Ad Hoc committee to again study and make recommendations about the future impacts in the District One of the areas of study was the need for New Facilities and Modernization. The committee made a number of recommendations including school size,the need for a new middle school,and to begin a capital improvements program to modernize or replace facilities based upon criterion. The committee also recommended that the District have Middle School#5 on-line by Fal I of 2009. During the 2005-06 school year,a Joint District Citizen's Ad Hoc Committee was appointed by the Aubum and Kent School Boards to make recommendations on how best to serve the school population that will come from an area that includes a number of projected developments in the north Auburn valley. On May 17,2006 the Ad Hoc Committee presented its recommendation at a joint meeting of the Auburn and Kent Boards of Directors. On June 14,2006 the Kent School Board adopted Resolution No. 1225 authorizing the process to initiate the adjustment of the boundaries of the District in accordance with the Ad Hoc Committee's recommendation. On June 26,2006 the Auburn School Board adopted a companion Resolution No 1073 authorizing the process to initiate the adjustment of the boundaries in accordance with the Ad Hoc Committee's recommendation. These actions resulted in the transfer of an area from Kent to Auburn effective September 29,2006. The District is projecting 1358 additional students within the six year period including the Lakeland,Lea Hill, and north Auburn valley areas This increase in student population will require the acquisition of anew middle school and new elementary school sites and construction of a middle school and elementary school during the six year window. Based upon the District's capacity data and enrollment projections,as well as the student generation data included in Appendix A.3,the District has determined that approximately seventy-two percent of the capacity improvements are necessary to serve the students generated from new development,with the remaining additional capacity required to address existing need. The table below illustrates the current capital construction plan for the next six years. The exact timelines are wholly dependent on the rate of growth in the school age population and passage of bond issues. 2006-13 Capital Construction Plan March 2007 Projected Fund Project Timelines Project Funded Cost Source 06-07 07-08 08-09 09-10 10-11 11-12 12-13 All Facilities- 2006 Technology Yes $12,000,000 6 Year XX XX XX XX XX Modernization Cap Levy Impact Portables Yes $700,000 Fees XX XX XX XX 1/ Property Purchase Impact New Middle School Yes $5.000,000 Fees XX XX New Elementary Yes $2 500 000 State Mat I XX XX I XX Bond XX Lakeland Hills Elem Yes $16 900,000 impact Fee open Bond XX XX Arthur Jacobsen Elem Yes $21 500,000 impact Fee const a n Bond XX XX XX XX 1/ Middle School#5 No $42 000,000 Im act Fee plan const const open Bond XX XX if Elements #15 No $24 000,000 Impact Fee Ian const 7/ These funds may be secured through local bond issues,sale of real property,impact fees,and state matching funds The District currently is not eligible for state assistance at the elementary school level 23 iAuburn School District No. 408 Capital Facilities Plan 2007 through 2013 Section VI ' Impact Fees i I i i to ; m Ty w Ln T m3m T 0 K M (n 3 y U) 3 a (n 3 5 c n 3 n i°o' � ma iornv+ y � b0° Ocn uTi b � �n ,z o 0 52 m U # N = m mm F S m N N U N J AC) x O £ $ m n n m O C N VI O M (M IA UA UA (An m mo xX O `cOai, wc N T N NN N D O0 m a CD o w N y - ' . 0 o °1 o vfn o 3 c5 ^' o m J £ C g H cn T x n T p m T O Z T O m O Soi a mn ti , N bo cnr n7 _ . mo m V U NN R 7 4 N On U FC o3i o � o n p t7 x x x V D to a? m CA ,iQ N D 3 Uuu, p m 0000 m a p 000o m y To o ry ammy 000 °i 3 m Z mrn `Si `8i3 m N e dL 3= = 2 m iOmm� In"� mamD z ogot_a'+ Z z 08. 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I � � - - f _ @ § r- c m % % 80 � } ; » ƒ � / \ @ IsCD ) \ ? \ )� � @ Cb } - @ � a . # | � � � @ � fqGI 11O 3 o e 3° o o m N y m o m m Dm O � < � ' � 3 m� v tan o D v v rTm m o W IUD Vl T ,ZJ m m o w 3 0 1A p p W m W » N m W W W w w m W w n 00^ 7C nmm m i -Dto mVi wD X G) D T� m_ D (n 3 0 3 a 3 m 3 a v 2 OO W a O s' m �e 3 3 3 pp n o 3 ? 1.0 w n v <n o w o _� O Li co v_ 3 _a m + N N J U U W C 2 U V @ W -V sl 0 m °'iocew $ � m d m 3 = 1D 2 w W K < W W N (n m a E o o a n m m (n m g o mLD wmto d m T1T W o N � o c $ m g a w m o $ S N o w n a�i m n n 3 o H m m 0, a < 3. 3 „ a a 3 w 3 o -ni p w m W W a m '� o c m n78 U K x o o v 3 Ig 0 3i z Lir m 0J o co M S O O -n T O- N _ $ $ C m W at N [JT r U O D + lJ m J N + 9 c o�pc Au. j � u OpcCD + �j' N + o p CD W O�C 0 A t0 N N O U o O N U 3 7 D O v r A N A 8p a N O W 0 U S G O O C j O G O V J O + V O� t0 A O y + m i w ; U A N N m cuc+�� p C + U Ql N + N O EL M b m A OOD fpil 01 � N U � U Q O O S v � m 71 r S O O � O EL M fW m m N w ap O O N A bi U q C m N m + a O w U m IJ N m N U OI p0 N O m g A J ag a' N O fm m V U N W SO U O O OI v, 3 4I U m O S S O D U T N D A N ag N m m b n V '� N O � CO U p S O r= ce U A N Q i i Aubum School District No 408 Capital Facilities Plan ' 2007 through 2013 I Section VIII Appendix Appendix A 1 - Student Enrollment Projections Appendix A.2 - CAPITAL FACILITIES PLAN Enrollment Projections Appendix A 3 - Student Generation Survey Appendix A.1 - Student Enrollment Projections i 1 i i Auburn School District #408 IStudent Enrollment Projections October 2006 Introduction The projective techniques give some consideration to historical and current data as a I basis for forecasting the future. In addition,the `projector' must make certain assumptions about the operant variables within the data being used. These assumptions are "judgmental" by definition. Forecasting can be defined as the extrapolation or logical extension from history to the future, or from the known to the unknown. The attached tabular data reviews the history of student enrollment, sets out some quantitative assumptions, and provides projections based on these numerical factors. The projection logic does not attempt to weigh the individual sociological,psychological, economic, and political factors that are present in any demographic analysis and projection. The logic embraces the assumptions that whatever these individual factors have been in the past are present today,and will be in the future. It further moderates the impact of singular factors by averaging data over thirteen years and six years respectively. The results provide a trend,which reflects a long(13-year)and a short(6-year)base from which to extrapolate. Two methods of estimating the number of kindergarten students have been used. The first uses the average increase or decrease over the past 13 and 6-year time frame and adds it to each succeeding year. The second derives what the average percentage Auburn kindergartners have been of the live births in King County for the past 5 years and uses this to project the subsequent four years. The degree to which the actuals deviate from the projections can only be measured after the fact. This deviation provides a point of departure to evaluate the effectiveness of the assumptions and logic being used to calculate future projections. Monitoring deviation is critical to the viability and credibility of the projections derived by these techniques. Tables Table I—Thirteen Year Histor ofOctober I Enrollments—page 32 The data shown in this table is the baseline information used to project future enrollment. This data shows the past record of enrollment in the district on October 1 of each year. Table 2—Historical Factors Used in Protections- page 33 This table shows the three basic factors derived from the data in Table 1. These factors have been used in the subsequent projections The three factors are: i 1. Factor 1 —Average Pupil Change Between Grade Levels This factor is sometimes referred to as the "holding power"or"cohort survival" It is a measure of the number of pupils gained or lost as they move from one grade level to the next. 30 2. Factor 2 -Average Pupil Change by Grade Level This factor is the average change at each grade level over the 13 or 6-year period. 3. Factor 3—Auburn School District Kindergarten Enrollment as a Function of King County Live Births. This factor calculates what percent each kindergarten class was of the King County live births in the 5 previous years. From this information has been extrapolated the kindergarten pupils expected for the next 4 years. Table 3—Proiection Models—pages 3442 This set of tables utilizes the above mentioned variables and generates several projections. The models are explained briefly below. ❑ Table 3.13 (pg 34)—shows a projection based on the 13-year average gain in kindergarten (Factor 2) and the 13-year average change between grade levels (Factor 1). The data is shown for the district as a whole. ❑ Table 3.6(pg 34)—shows a projection using the same scheme as Table 3.13 except it shortens the historical to only the most recent 6 years. ❑ Table 3.13A and 3.6A(pg 35)—uses the same factors above except Factor 3 j is substituted for Factor 2. The kindergarten rates are derived from the King County live births instead of the average gain. ❑ Tables 3E.13, 3E.6, 3E.13A, 3E.6A(pg 36)—breaks out the K-5 grades from the district projection. Summary level data is provided for percentage gain and pupil gain by grade articulation. ❑ Tables 3MS.13, 3MS 6, 3MS.13A, 3MS 6A(pg 37)—breaks out the 6-8 grades from the district projection. Summary level data is provided for percentage gain and pupil gain by grade articulation ❑ Tables 3SH.13, 3SH.6, 3SH.13A, 3SH.6A(pg 38)—breaks out the 9-12 grades from the district projection. Summary level data is provided for percentage gain and pupil gain by grade articulation. ❑ Table 4(pg 39)—Collects the four projection models by grade group for ease of comparison. ❑ Table 5 (pgs 40-42)—shows how well each projection model performed when compared with actual enrollments. 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SC` at yQ w m N X 71 b D y D I" _ = Z 0 0 x i i .U.� O O N + x P 4D P m x a N V N V x a P N m A a Q Q Q Q a l m a � to CD ro m a` a vD a m a` o V �o V A p A p a a Via' � asa�ak a� a"aRa" aF a4 �a' < < < AO w ye Q. It. ZK fJ {{.Ja i a a P A A i W i U a U N U i 7C y C rn U a ON A U m OI 0 a O + O V V V V V O m O m N d 1D V O V w d �D m (D m U n � < , 0 pp III 0 N x ry A W W w V w N O O 0 0 0 0 o n o a o x w m w m x e w o W o rn o j x Cc owj� owow omom wo d d + 3E 2' 2e 3� 3E de � 2R 2� 2Eo d� 2� �a;aq � am N of0 U A O V N tm0 xN �D O O O d m A m A x A d + a N a XXa d tj m N w V % Q (Od U? U y W OVo O m O x 0 W A m + + X Q_ w N� O x �t 7: x �! W `O V m X 6 A + O+ + m �D N o m t0 m m• m 0 x w A A t 'D A" 2� 2� 2e �' �' 2e 2Y 2E 242e 2E 2� 2Q 342R A J V X m v V D avvV D + @ va vvD JG) v - aD 7e•G -� W W w W W W W w c I a w W w w C m w w w m m m m > a m m m m c o m m m m c m m m m C $ N m DwmW � 0 mZ,— Dwmw a ; wmw � O o + + 0 d W W W W W O a A A A A O W W W W W O N N N N N O II II W CO J m m Ol V j j V aj N j N N d V V OD V V atII W m O w J m m m m 10 m V N O O) W { m J t0 N tp w fD W W + N + N A W <O N N x N X Npp xx pN a C 0 m O A O N O N X O A r N v % A N N ONi X O S (� 3 0 r a NmJ x Ab mono x alb x =: o +�' x � b mp ' N N N M0z + O + N N N N + O + O O O + O n n W 0 N V 3 C O A O O 9 ee 2e a x X 2° o a X 2e 2R 2E aE x 2e a a° x > > n A Z a H c y N n n Z z n a m rn W w W W A 0 a A A A N O W O N N N N N O^ - O CD V m J O m m m m O d d V J V V m d O O m + m m _ - + O N O m O m O m N V N V N (O A O U O V a r 1 xx p j x 8N O N U U W % O V� N % O U O W N W X O d V m m m X A l N A v a X za 1 X �IlD� n mV Ovf m OVO � C O m d C ' N N+N fJ N 41 N aea" o a � aR;eae a" a' a �e o p 1 A A A A A 0 m w Z 0 O N N O U N 1 j j j U U U m O + O A O o O N O O tD m m 0 0 W W W W a yp m U m w^ m m m m A a W a W a m N V W d m D D D) (J Z a X N ppN x N N N m W m W J 4W1 W W %co m { { O D D �^ r V V V J X x = _ = m + N+N N N N N O O O O N N N N N N N Z 0000 2R o 3e a° 2R * * . of a 9ae ae 2E < D D D D C- ((..�� _ S 7c c N v A m X O m a N v xx O m V v J X% O ,,,m v u v %t O IY IO 7 N O n X W 1D N 0 .Z < ` O < 0 0 0 0 < O N y (A �o oe 2e` a° se ro e e ro f0 d 3e� 2' 2' a� m 2R 2• a° a 2R de ee X47 a m n n 0 � A m N O O � D oa 4m 3 0 3 } o 0 a a m a a 2 'o � v io V 1 Appendix A.2 - CAPITAL FACILITIES PLAN Enrollment Projections ' ! r 1 r ! 1 ! r 1 1 ! 0 o tr �' wN m + ain 3 m m 3 y m C C m 4 N C mQ L, umi 1 n m o o n m Z . H v o � o ; m mmm ; m@yc [f� 3 toy jF m �_ — m m � ma = a) m tr tr = � tr r EL 'fin CD m y3 a Sd + trim � �: m p o n3 °: xm o xm c� � C x � m V? = � m � � Xo 4Q O m �. m o. o D 7C 7C O o �' c� Y _ :3 gr v $ v — �' c m m g G' c S W w S D D j � x T [� — m c ^ m c) 0 0 ? a c c �. c� c �+ 3 T v c c y d fD m ID. � � - '2 '0 -i w E. _ c w -i a _ v_ 3 0 3 � < m a 3 M M O m 0 0 C N w C c 3 O w N N 1 ^ d aan o ro EF Tc 3 3 tnc am o m r 1 tD (7) m �D ^ g b m m m CS V 01 7C � � W 7C O N O) Cn N N N N N U C N N U c m a j Q j n m Q v C Q NO N a N C C 0 3 J _ V U W N N U (w.� O aJ ! aJ U cN.i U A N OWD g O N 0 m O Q p r C A W U 0) W U W W A U OU O W N p -+ co m O y 0 U r m O m n V w m X N 2r, C_ N a o a 0 N J J N O N U N J N J W J J ! N <_ Q N Q. N N A J U OI W W A 0) V7 j A W V W U U NN fD N O U O � Q Q C < w A 0 to 6 co W N O D U U W O N N M fD U O m co O < V �_ O CAm N N C m + an o m tQ v N J N N N 3 O 0 N O O U W U v yy OWI (ND W N N W OD W N A N O (Nli N N W m V CO U 00 N N ' m M 2 3 A 6 U p p a N 7 N + m m V n 0 N W + O u a [UD � W+ 01 V O/ N .a W V V O -W+ �j O� N �! 07 O1 0 O O o J� U W W ! OO U V N N O co N O O p p C) V O N ; N W W N V _N U A J W(� N J W J J N I V V W O p W 01 0 0 0 0 0 0 0 J U A J O/ V M ^ O O O W co O ! 0) O N Co Of U U N 0 0) N U N N O. m 00 �J A W U N_ J W N J W J J N 0 p W W N ! J Ol 0 0 0 0 0 0 0 ...� J 0) V O) OJ M J A J j Ol N O 0/ N C. 0> N N N N 1 O! ITi 0 N e M a 0 C2, C w ? A A N J m -' al O O O O 0 0 0 J aD J O) T NO d p d 3 "" V a M O N O !� O fD O O 10 O O -� (D M 0 D m W W 0 ��� Q S Z C S 00 ? ; �Aa WW Cp O a + A A A A N Oe N ! p A fa v W coO7 M O N O O U J V V O V m 24 co rl) U O m_ cz O , 7 d O O O O T (n W J J W 3 O O cl v N 3 O O O O `< 0 0 0 0 OT 3: O C 'CODA w to 0) 3 c 5000z i 0 i NN 0 fD co V U U A W N + @ W N N p �D U V W O) A W N + N m N (D m m m 6 0 0 D Q Z _ _ _ _ _ < > rn m ? w O 0 A 0 0 0 ! O �j p rn a 0 v CO O N A 0 0 0 a a v 0 -( f M m U O tD V O O + N O V U W m U b I c0 (D (D N V U ((2� W O U W A O O N m m + 3 O W U A V 0) (L J N = U ' m J N 0 0) A U O =<D 07 a 0 CD m a co m q 2 0 n O + W m Nr b W N N A 0 0 + O � A 0) O O N m O + 10 + W V 0) A O U J 00 t0 O m D A (Nip N W J A N) N a 0) W 0 + O U 3 C a m OD + m U o 0 o O m j ae v m aa" : o a aaa a e aao as — g o c m m a y, a@ 2 N W aD O_ N A O + ! O co tD to cD t0 W n A W fJ A O Cn O N A J U W ! + v tOD N N }, •i (y N O (D W N ! ! o) S n m W N cc co � pp pp �. (J N OWj pUp O N A p (-4 O co 10 U O m $' ' N . V 0 0 0D� ID A W O O+ 01 G 1 O N� 'V U U O) OI O A O V T OD N O N U m C" J N S N N A Ou Oo fD ! N N ' O•h. On M O c _ _ A A O W W ! O 8 8 O O �j �j O O. N + N N N N N N N + W + O m N m U m N W m v allo A [Oii r.0i W W fin S p (D + A J 0 0 0 O CO fD OD 00 J O Q Q W W Q G) E. m n � N ! ! O p A O d ' o A W V OV O OD� O O O O Qbl U W A A U A A A W W W (,,l W W O CD A O A + r N S N W tD W NGN N ' J < W J N OD A ! O O CO W V 01 V U O d CD U m y N 7 p �V�pp tD O N A O O O0� O O fD cp fD �p p� p� A U -4 m 0 U A 0 U N 0 1D V V W U A A W +� COU U 00 + m ! J 0 CO O W W U G) W + U W O V O J J W V W V V V O J V V (n N O _ _ O O V J (D O J J V V V V O) O) 0) ae U N N O ' O OUD CO CD A CO OD GO T Q O W O) U N O co [D 0) A 0) (D U O W 0) U U A O U J W (D O M a° �° aao � aa a' a' a' o as aaaao N cm) C> O v -4 O N A 0 0 0 0 0 ! O tD M0 U U W _ N , CD N U ! N A 01 N + + + + O N U _ W N J J J J + j + + . J Oj O) + A W N N N N + + O W N U w cD fD V W A A N W U W W V �N A O m -c v � �° � o3yzi mIc IROv3Nz -� o D m 1 m � m c o o ° o m y Wo m o o ? q a o o m y V N f0 y W N C m Of m N(O y N ID C m N W A x_ o C) �C < N N N ri o cD '< � < N N N C> o CD o1Di � � 3 �mc zr14, o � 'm m � '= 3 m IZ Lr oom u, o 0maa oo � 00 I > °' W 3j � -p � O ' (D Lj � 3o C0 » mtoN0. � 0 Cn » ry �o11a ' C 7 Cr Q r l C 7 C< 2 ? < O a U y (Da ' yG <w O OL y N = a N d _ (D y xx� + C 7 y k c V B NlOO mVm DAW N C �. NsO � .. � O ! ! Y Q O ! co(D Co V Cr)O) U A W N + m m o n( - m o O N C S O ! N C ' N ! W A W W O O O O pp 0 0 0 s 3 S N ! W W O O O O p pp 0 0 0 w O S 3 N A A N O -4 JJa�, V U W A W O C N C M A A N pj V p V ! U m A W 0 ! ! N C CL CD Go + 4NONAN AW WO (0 NNl G) 6 `; � m + V NO NANAw WU (O -CNN w bO � O CO V O m v V T (C 4 CD N -+ (� ! ! ! W J ! ! Ol ! ! ! ! O O ! ! N ! (a + ! m ! ! a N O A h7 N N N A + O O O N O O pp pp p r O V C) OV D�) -4 W -4 U -4 U W W U (D -4 A� O U WN m O O En m A mmOm ! W ! (D ! W m N U -4 W m W -4 A O O ! WO a p O CL m CL Co m J + U ! ! ! w + ! J J ! ! p O O CD Da W ! ! A ! O O O O_ p to v + N Go ZAN O O O � M � N (A 0) (D W O m m W O (m.) N m 0 A � ('OD N � V w co A N N OfT U W A U (DU Co fO AN N m � 6 � 7 O CL O ! � + W ! ! + J ! O O ' (n ! ! ! ((,t ! ! mm ! ! J J O O S O (o N W + N W U wAA J ! U ! ! O O o o O p U + ! N A W O J ! A + �_ 0 0 0 0 O N C) O e W V C> V cli(D CO O O Cr) (p V ((D (mD co W n A cn g (p m U pppp (D U W N O pp m U 0 �j �D O 0 LA (T W � ,� N (O (A (Dm O A (DN A U mO � ! OV O CL O CL O I W rl) _J _ , _! ; ! � N ! _ (('�� O� ! W ! ! mom ! ! ! a OJ O O (✓ V W W N NUm 0 m � ! � ((,,..)) ! ON O N W N(� � N A A Upp ! (T � � 0 O O O (p-4 0O O CO W CO W N (D N U -I O U N W A O co W � ! N a O W J N CO O) O N U V W m -4 W (D N ! N CL ! CL ! rQ v N � (A� + NA m N N � (D ! ! ! ! ! N U O) W W W U (y�1 1 J pm� ! ! + J p p W U W O N C� W O W W V m V N 0 ! W A N (� AA V N fT (O -I m A U W N pp co W O ! 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The city of Kent adopted a school impact fee program as authorized by ' the Growth Management Act and RCW 82.02.050. ' B. Chapter 12.13.070 of the Kent City Code requires that the Capital Facilities Plans of school districts be submitted to the city of Kent on an annual basis for city council review, and that such review shall occur in conjunction with any update of the Capital Facilities Element of the city's Comprehensive Plan. ' C. The Kent, Federal Way, and Auburn School Districts have requested amendments to the text of the Comprehensive Plan to reflect proposed changes to impact fees. D. On September 21, 2007, the city provided the required sixty (60) day notification under RCW 36.70A.106 to the state of Washington of the city's proposed ' amendment to the Capital Facilities Element of the Comprehensive Plan and the sixty (60) day notice period has lapsed. E. After a public hearing before the city council on October 16, 2007, the city council on December 11, 2007, approved Comprehensive Plan Amendment CPA- ' 2006-3A to include the Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts, which include changes in proposed impact fees as follows: Kent ' School District increase the fee to $5,110.00 for single-family and increase the fee to 1 School Impact Fee - 2007 1 $3,146.00 for multifamily; Federal Way School District increase the fee to $3,883.00 for single-family and increase the fee to $1,647.00 for multifamily units; and Auburn ' School District decrease the fee to $5,361.04 for single-family and decrease the fee to $465.78 for multifamily. F. It is necessary to amend section 12.13.160 of the Kent City Code to ' reflect the Comprehensive Plan amendment that established new impact fee , schedules as provided in the preceding recital. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, , DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE , SECTION 1. - Amendment. Section 12.13.160 of the Kent City Code is , hereby amended as follows: Sec. 12.13.160. Base fee schedule. The following fee shall be assessed , for the indicated types of development: School District Single Family Multi-family Multi-family studi Kent, No. 415 $4,928.99 $3,934.90 $ 0.00 $5,110.00 $3,146.00 , Federal Way, No. 210 $856..G8 $ 0.00 i $33,883.00 $1,647.00 Auburn, No. 408 "'5r '' 05 $� 8= $ 0.00 T ,$5.361.04 $465.78 i f SECTION 2. - Severabiiity. If any one or more sections, subsections, or I� sentences of this ordinance are held to be unconstitutional or invalid, such decision i shall not affect the validity of the remaining portion of this ordinance and the same ! ' shall remain in full force and effect. 2 School Impact Fee - 2007 1 t SECTION 3. —Effective Date. This ordinance shall take effect and be In force ' thirty (30) days from and after its passage, approval and publication as provided by law. SUZETTE COOKE, MAYOR ' ATTEST: ' BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ' TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2007. APPROVED: day of , 2007. PUBLISHED: day of , 2007. I hereby certify that this is a true copy of Ordinance No. passed I by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon Indicated. BRENDA JACOBER, CITY CLERK P.\CNII\Ordinance\Schoollmpact-2007 doc 1 ' 3 School Impact Fee - 2007 i 1 ' Kent City Council Meeting Date December 11, 2007 Category Bids 1. SUBJECT: 2ND AVENUE PEDESTRIAN IMPROVEMENTS, W. GOWE ST. TOW SMITH STREET 2. SUMMARY STATEMENT: The bid opening for this project was held on November 13, 2007, with thirteen (13) bids received The low bid was submitted by Dennis R Craig Construction in the amount of$338,673.59. The Engineer's estimate was $ 338,187.00 ' 3. EXHIBITS: Public Works Memorandum 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember 9seconds to award the contract for the 2nd Avenue Pedestrian Improvements (W Gowe Street to W. Smith Street) to Dennis R. Craig Construction in the amount of$338,673.59. ' DISCUSSION: ACTION: Council Agenda Item No 8A PUBLIC WORKS DEPARTMENT Larry R Blanchard Public Works Director 400 West Gowe Kent, WA 98032 Fax 253-856-6500 PHONE 253-856-5500 1 Memorandum ' DATE: November 13, 2007 ' TO: Mayor Cooke and Kent City Council THROUGH. Larry Blanchard, Public Works Director FROM: Mark Madfai, Senior Project Engineer RE: BID 2"d Avenue Pedestrian Improvements (W. Gowe St. to W. Smith St.) Bid opening for this project was held on November 13, 2007 with thirteen (13) bids received. The low bid was submitted by Dennis R. Craig Construction, in the amount of $338,673.59. The Engineer's estimate was $338,187.00. The Public Works Director recommends awarding this contract to Dennis R. Craig Construction. Bid Summary Dennis R. Craig, Construction Inc. $ 338,673.59 Construction Company $ 363,511.30 Pivetta Brothers $ 368,298.50 tRodarte Construction $370,494.75 Vetch Construction $372,357.00 Merlino Brothers $377,350.30 RW Scott Construction $379,979.36 Precision Earthworks $406,808.00 Westwater Construction $427,745.00 Johansen Excavating $438,517.00 Belarde Company $452,565 00 Gary Merlino Construction $468,912.00 Road Construction Northwest $471,474.50 Engineer's Estimate $ 338,187.00 City of Kent Public Works Department u.lpwcommrtteelbidmemo.doc IREPORTS FROM STANDING COMMITTEES AND STAFF ' A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES 1 i KENT WASHINGTON OPERATIONS COMMITTEE MINUTES iNOVEMBER 20, 2007 Committee Members Present Debbie Raplee, Deborah Ranniger and Tim Clark iThe meeting was called to order by Chair Tim Clark at 4:07 p.m. Deborah Ranniger joined the meeting at 4:20 p.m. 1. APPROVAL OF MINUTES DATED NOVEMBER 6, 2007 Debbie Raplee moved to approve the minutes of the November 6, 2007, Operation Committee meeting. Tim Clark seconded the motion, which passed 3-0, with Deborah Ranniger's concurrence 2. APPROVAL OF VOUCHERS DATED NOVEMBER 15, 2007 Finance Director Bob Nachlinger presented the vouchers for November 15, 2007, for approval. Debbie Raplee moved to approve the vouchers dated November 15, 2007. Tim Clark seconded the motion, which passed 3-0, with Deborah Ranniger's concurrence I 3. VISION SERVICE PLAN - THREE YEAR ADMIN. SERVICES CONTRACT Employee Services Benefits Manager Becky Fowler presented the Vision Service Plan ("VSP") - Three Year Administrative Services Contract which covers Premera and Group Health. Ms. Fowler advised that all active employees and their dependents are covered under the self-insured Vision Service Plan program totaling 802 employees and 2,124 dependents. The third-party administration fees, exclusive of claims, for 2008 are estimated to be $19,580 00 and are budgeted in the health and welfare fund. The City contracts with Vision Service Plan as a third-party administrator (TPA) to process claims and provide access to VSP's network of optometrists and ophthalmologists. The city is self-insured for this program and wires the monthly claims cost to VSP for our vision expenses. The 2008 contract reflects no increase in administrative fees by ' VSP. There is a budget impact of $135,821.00 (Administration and claim fees). Questions were raised by the Committee and Ms Fowler addressed those questions Debbie Raplee moved to recommend that the Vision Service Plan (VSP) three year contract be placed on the consent calendar for the December 11, 2007 meeting approving the contract and recommending it for the Mayor's signature. Tim Clark seconded the motion, which passed 3-0. with Deborah Ranniger's concurrence. i i i 2 Operations Committee Minutes November 20, 2007 Page. 2 4. BUDGET CHANGE — RIVERBEND GOLF COURSE WELL PUMP AND ITEMS FOR RESALE Parks Director Jeff Watling presented the Budget change for the Riverbend Golf Course Well pump and items for resale. Mr. Watling advised that In December 2006, City council authorized staff to proceed with an emergency replacement of the well pump at the Riverbend Golf Complex. At that time, staff did not request additional 2007 funding as the initial attempt was to absorb that capital equipment cost into the 2007 budget. If unable, a budget adjustment would need to be made in late 2007 In consulting with Finance Department staff in regards to actual expenditures through October 2007, a budget adjustment will be needed for a portion of the well pump replacement. Additionally, retail sales at the Merchandise Center in 2007 have exceeded expectations Though ultimately resulting in increased profit, merchandise must first be purchased by Riverbend. Therefore, a budget adjustment of $160,000 for these expenditures is requested to reflect the higher than expected business at the Merchandise Center. The budget impact is from the Operating fund adjustment increasing the Riverbend Golf Complex expenditures by $160,000. The Committee raised questions and Mr. Watling and Pete Peterson, Golf Operations Superintendent addressed those questions. Debbie Raplee moved to recommend City Council approve a budget adjustment increasing the Riverbend Golf Complex Fund by $160,000 to pay for an emergency well pump replacement and increased retail sales. Tim Clark seconded the motion, which passed 3-0, with Deborah Ranniger's concurrence. 5. DOUG LEVY CONSULTING SERVICES AGREEMENT FOR 2008 Community and Public Affairs Manager Michelle Witham presented the Doug Levy Consulting Services Agreement for 2008. Ms. Witham advised that since the year 2000, the city has contracted annually with Doug Levy of Outcomes by Levy, the City's lobbyist to provide services for the city of Kent. These services include assist with issue identification and meetings with Kent legislators prior to the Legislative Session; continue to monitor and identify problems and opportunities for Kent on issues under consideration by various state legislative bodies including group meetings on transportation; and recently $28,000,000 appropriated for the construction of the Kent Events Center, and a lot of financial assistance from the transportation funds in Olympia for local transportation projects, Safe Havens program, Center for Advanced Manufacturing in the amount of $500,000 in the last few years; Clark Lake expansion as well as Wilson Playfields. Ms. Witham stated Mr. Levy is working with legislators on stiffening penalties for auto theft and metal theft which are big issues in Kent as well as working on streamlined sales tax and sales tax credits for annexation. Ms. Witham stated that Mr. Levy has proven himself to be extremely effective in advancing Kent's legislative agenda and has accumulated a great deal of expertise and knowledge regarding the issues of importance to Kent. Ms. Witham asked that the Committee be aware of a $300 per month increase in his retainer, which is the first increase he has asked for in the last three years which she believes to be a wise investment Ms. Witham addressed the Committee's questions regarding Mr. Levy's services and expenses. Deborah Ranniger moved to authorize the Mayor to sign the agreement with Outcomes by Levy for government relations consulting services for 2008 in the amount of $5,300.00 per month, plus agreed upon expenses, and upon review by the City Attorney. Debbie Raplee seconded, which passed 3-0. 3 ' Operations Committee Minutes November 20, 2007 Page: 3 6. NON-REPRESENTED EMPLOYEE SALARY ADJUSTMENT PROCESS - RESOLUTION City Attorney Tom Brubaker presented the Non-Represented Employee Salary Ad3ustment I Process - Resolution. Mr Brubaker advised that the Committee Chair and Council Member Raplee have requested the Law Department prepare a resolution for Council consideration which outlines the process for conducting group comparative salary surveys and implementing the results of those surveys. The proposed resolution would provide such a process. The Committee addressed its concerns regarding granting authorizing for salary surveys for classifications of more than seven non-represented employee. The Committee advised that 1 they did not have concerns regarding individual salary surveys and stated that they would like to find a balance and compromise when it comes to being involved and being aware of the I salary surveys and to take into consideration how it will affect the budget Employee Services Director Sue Viseth addressed the Committee questions and concerns and stated there is a lot I of work involved in salary surveys and many are conducted for recruitment purposes to be sure the City is comparable to other cities in the job market. Debbie Raplee moved to recommend the Non-Represented Employee Salary Adjustment Process - Resolution to the December 4, 2007, Operations Committee meeting. Deborah Ranniger seconded, which passed 3-0. 7. WATER RATE DISCUSSION Finance Director Bob Nachlinger discussed the Water Rate memo and its attachments per the request of the Committee at the November V Operations Committee. He discussed the two alternative rate proposals provided for the proposed base fee increase and a comparison of base and consumption charges for water providers in the area of the City of Kent. Mr. Nachlinger further advised that his department has updated the turn-on and turn-offs in our system to show the number of repeat turn-offs that occur. Public Works Director addressed the Committees questions regarding the Water System Plan Update for 2008 at all levels. The Committee previously had addressed their concerns over the comparable rate amounts of residential vs. commercial and felt commercial properties consume larger water usage and therefore should pay more. The committee members were concerned about the turn off/turn on fees and liens on residential customers already having financial difficulties but also don't want to hit the commercial properties too hard either. Though this item was on the agenda for information purposes only, after much discussion and compromise the committee took action. Deborah Ranniger moved to forward the water rate discussion to the December 4, 2007 Operations Committee. Debbie Raplee seconded, which passed 3-0. The meeting was adjourned at 5:06 p.m. Renee Cameron Operations Committee Secretary r 1 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 8, 2007 Committee Members: Chair Ron Harmon, Elizabeth Albertson. Chair Harmon called the meeting to order at 5:00 p.m. citing Tim Clark's absence. Approval of Minutes: Albertson MOVED and Harmon SECONDED a MOTION to approve the minutes of September 10, 2007. Motion PASSED 3-0 with Clark's concurrence. Midway Subarea Plan Planner Gloria Gould-Wessen explained that the City of Kent has submitted a GMA grant application to Washington State Department of Community Trade and Economic Development ' (CTED). Ms. Wessen stated that if awarded, Kent will be granted $125,000 which will allow Kent to engage in a collaborative effort with the City of Des Moines on a public visioning process. Ms. Wessen stated that the planning process will include looking at high-capacity transit improvements along Pacific Highway South at the I-5 interchange with Kent-Des Moines Road, future land uses, redevelopment potential, and reconciling inconsistent land use goals and policies and development regulations along the zipper border with Des Moines. She described existing land uses along Military Road, Pacific Highway South and a portion of the Y at the north end of Kent. Ms. Wessen stated that grant funds would be used to hire a consultant and to purchase virtual reality software for public visioning. She stated that the planning process will require a 1 Resolution of Agreement, the establishment of a Steering Committee to include City Council w, members, with a preferred alternative selected through the public process. Ms. Wessen encouraged Council participation. Ms. Wessen stated that the City may create a Transit Oriented Development Overlay and may identify areas for a Planned Action Ordinance. Ms. Wessen stated that potential products resulting from this plan would include: Consistent Land Use Goals & Policies, Consistent Development Regulations, a Subarea Plan, a preferred light rail alignment and station locations and a "how to" manual on the use of technology in public processes. Ms. Wessen stated that whether or not the grant is approved, the City of Des Moines will participate in a planning effort with Kent in the Midway and Pacific Ridge areas. Ms. Wessen stated that she would return to the Planning & Economic Development Committee in November with an update. Commercial Development Standards Planner William Osborne stated that the intent of this project is to explore ways to revitalize commercial development, encourage redevelopment, and align it with the City of Kent's ' Strategic Goals & Plans. Osborne stated that the Land Use and Planning Board (LUPB) will hold a workshop this evening to discuss this item. He stated that public participation will continue. He has heard a number of concerns from the community, which he will address and include in an amended report. He stated that it is likely this item will go to a LUPB hearing in January. PEDC Minutes October 8, 2007 Page 1 of 2 2 1 Added Item: #ZCA-2007-4 Clearwire - Wireless Telecommunication Facilities Planning Manager Charlene Anderson stated that Clearwire submitted a request to amend the zoning code to allow wireless telecommunications facilities (WTF) in quasi-judicial locations (defined by the applicant to Include utility companies, water districts and other like properties as determined by the Planning Manager), and requesting the expansion of the permitted locations in the SR-4.5 zoning district. , Ms. Anderson stated that staff is in favor of expanding locations for the placement of wireless telecommunication facilities (WTF). Therefore, staff proposes that WTF's in single family zones be expanded to properties developed as Puget Sound Substations and permitted only with a Conditional Use Permit. She stated that staff presented options to the Land Use and Planning Board, who voted unanimously in favor of this proposal. ' Member Albertson MOVED and Member Harmon SECONDED a MOTION to amend Kent City Code Section 15.08.035 regarding wireless telecommunication facilities to allow them via conditional use permits on government property '7ocatmg WTFs separate from the existing structures on property owned, leased or otherwise controlled by the crty or other governmental entity"adding language: "or on property developed as a Puget Sound Energy Substation', applying this language to Section 1 and 2. Motion PASSED 2-0. Member Harmon stated that this item will be presented as Other Business at the next City Council meeting. Adiournment Chair Harmon adjourned the meeting at 5:45 p.m. i Pamela Mottram Admin Secretary, Planning Services S IPerm?IPlanIPEDCI20071Mlnutesl100807PEDCMOO;aC PEDC-Minutes October 8, 2007 Page 2 of 2 PUBLIC WORKS COMMITTEE MINUTES 1 I DATED NOVEMBER 05, 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 I5:02 p.m. ITEM 1 — Approval of Minutes Dated October 15, 2007: Committee Member Clark moved to approve the minutes of October IS, 2007. The motion was seconded by Harmon and passed 3-0. ITEM 2 — Consultant Agreement with RH2 Engineering Inc. Analyzing the 590 Pressure Zone- Tim LaPorte, Deputy Public Works Director explained that in order to maintain ' compliance with WAC 246.290.230 (5), the City must make improvements to portions of the 590 pressure zone. The Public Works Department is seeking authorization for the Mayor to sign a Consultant Services Agreement with RH2 Engineering Inc., in the amount of $66,385. We are currently not able to meet the pressure zone due to topography issues. Harmon moved to recommend authorization for the Mayor to sign the Consultant Services Agreement with RH2 Engineering Inc., for the 590 Pressure Zone Improvement Project in the amount of $66,385, upon concurrence of the language therein by the City Attorney and Public Works IDirector. The motion was seconded by Clark and passed 3-0. ITEM 3 — Joint Funding Agreement for Water Resources Investigations with the U.S. Geological Survey: Mike Mactutis, Environmental Engineering Manager summarized that the Public Works Department requests authorization to establish a budget for the funds to be spent for the cooperative data-collection program with the U.S. Geological Survey. This is an annual agreement for maintenance and operation of monitors throughout the city (5) total. iClark moved to recommend Council authorize the Mayor to sign the Joint Funding Agreement between the City of Kent and the U.S. Geological Survey, upon concurrence of the language therein by the City Attorney and Public Works Director, for $44,450 for the U.S. Geological Survey to provide operation, maintenance and data collection at the Springbrook Creek, Mill Creek and Rock Creek Gaging stations. The motion was seconded by Harmon and passed 3-0. ITEM 4 — Riverview Park Restoration Project-Salmon Recovery Funding Board Proiect Agreement: Mike Mactutis, Environmental Engineering Manager summarized that the City of Kent successfully applied for and received a grant award in December 2006 from the state Salmon Recovery Funding Board (SRFB) in the amount of $150,000. A signed Project Agreement for this grant allows funds from SRFB to be made available for the project. PUBLIC WORKS COMMITTEE MINUTES 2 DATED NOVEMBER 05, 2007 Harmon moved to recommend City Council authorize the Mayor to sign a Project Agreement with the state Salmon Recovery Funding Board in the amount of $150,000, and direct staff to accept the grant and establish a budget for the funds to be spent for the Riverview Park Restoration Project. The motion was seconded by Clark and passed 3-0. ' ITEM 5 — Adoption of King County Flood Hazard Management Plan: Mike Mactutis, Environmental Engineering Manager explained that ratifying the 2006 King County Flood Hazard Management Plan will convey the City's support for using the goals, processes, actions, funding and management approaches, and projects included in the Plan. Clark moved to recommend to City Council, passage of a resolution ratifying the 2006 King County Flood Hazard Management Plan. The motion was seconded by Harmon and passed 3-0. ITEM 6 — Water Use Efficiency Goals: Brad Lake, Water Superintendent, gave a brief history of HB 1338, known as the Municipal Water Law (MWL), which addresses the increasing demand on our state's water resources. The MWL established that all municipal water suppliers must use water more efficiently in exchange for water right certainty and flexibility to help meet future demand. He summarized the Proposed Water Conservation Goal Public Briefing Document (attached) which outlines the water conservation goals proposed by the Kent water system, namely to maintain low water system losses and work to reduce public agency summer water use in Kent. Following the discussion by Brad Lake, Committee Chair Raplee asked for comments or questions, and receiving none, requested a motion to approve the recommendations as proposed by the City of Kent. Harmon moved to approve the proposed Water Conservation Goals — Public i Briefing document combined with the comment from the Public during the Public Hearing of 11-05-2007, and submit the above document to the Department of Health for review and approval according to the requirements of WAC 246-290-810. The motion was seconded by Clark and passed 3-0. ITEM 7 — Sewer Master Plan Utility Rate Specialist Contract: Mark Howlett, Design Engineering Manager explained that the Drainage Master Plan will include an assessment of the City's sewer program. The Utility Rate Specialist will have the responsibility of reviewing the current utility rates, forecasting required revenues for a six to ten-year period, and developing alternative rate structures for the utilities. In summary, the consultant contract agreement for FCS Group, in the amount of $44,570, provides for the utility rate analyst tasks to allow City staff to complete the Sewer Master Plan. Clark moved to recommend the Mayor to sign the FCS GROUP, Contract Agreement for the Utility Rate Analysis portion of the Sewer Master Plan for $44,570, upon concurrence of the language therein by the City Attorney and Public Works Director. The motion was seconded by Harmon and passed 3-0. PUBLIC WORKS COMMITTEE MINUTES 3 DATED NOVEMBER 05, 2007 ITEM S — Drainage Master Plan Utility Rate Specialist Contract: Mark Howlett, Design Engineering Manager, explained that the Drainage Master Plan will include an assessment of the City's Stormwater program. The Utility Rate I Specialist will have the responsibility of reviewing the current utility rates, forecasting required revenues for a six to ten-year period, and developing alternative rate structures for the utilities depending on staff and citizen recommendations. In summary, the consultant contract agreement for FCS Group, in the amount of $46,630, provides for the utility rate analyst tasks to allow City staff to complete the Drainage Master Plan. I I Harmon moved to recommend for the Mayor to sign the FCS GROUP, Contract Agreement for the Utility Rate Analysis portion of the Drainage Master Plan for $46,630, upon concurrence of the language therein by the City Attorney and Public Works Director. The motion was seconded by Clark and passed 3-0. ITEM 9 - Information Only/Drainage Master Plan — Update: Beth Tan, Environmental Engineer III, gave an informative PowerPoint Presentation on the Drainage Master Plan. Information Only No Motion Required 'I ITEM 10 - Information On/y/Kent`s Water System Cross Connection Control Program: Larry Blanchard, Public Works Director and Brad Lake, Water Superintendent, gave a brief PowerPoint presentation explaining the importance of the Water Cross Connection Control Program and the need for an additional staff person to fulfill the needs of the Program as outlined by the Department of Health. Information Only No Motion Required ITEM A. Committee Follow-up Items: I . Committee members requested a regular update on the King County Flood Hazard Management Plan ■ Update - Landsburg Mine will bring back to 11.19.07 Public Works meeting Adiourned: The meeting was adjourned at 6:44 p.m. Next Scheduled Meeting: Monday,t November 119, at 5:00 p.m.eth V Imo'^^ Cheryl i Public Works Committee Secretary 1 i PUBLIC WORKS COMMITTEE MINUTES DATED NOVEMBER 19, 2007 Committee Members Present: Committee Chair Debbie Raplee and Committee Member Ron Harmon and Tim Clark were present. The meeting was called to order at 5:05 p.m. ADDED ITEMS: ' Downtown Sidewalks Cancellation of the December 17, Public Works Committee Meeting Scenic Vista Apartments 104/264th Traffic Study - Update To be heard and discussed at another meeting - Highway 99 & Kent-Des Moines Signal Power Outage Plan. This signal does not have a battery back-up system like the 5 signals that are under our Jurisdiction on Highway 99. Kent staff will work with Des Moines staff to see what can be done and bring this item back @ a future meeting. ITEM 1 - Approval of Minutes Dated November 05. 2007: Committee Member Harmon moved to approve the minutes of November 05, 2007. The motion was seconded by Clark and passes 3-0. ITEM 2 - 2008 Street Sweeping Service Agreement: Bill Thomas, Street Superintendent, summarized that the City of Kent has an extensive street sweeping schedule which requires a contractor to service the City virtually 10 hours per day, 5 days per week Additionally through the Fall/Winter seasons we require the contractor to perform "Premium" sweeping over and above their normal schedule to remove sand and leaves from the gutter lines in order to prevent flooding and debris build up in the storm system. McDonough & Sons, Inc. has exhibited over the last five (5) years they are capable of meeting the scheduling needs of the City. Although, they were not the low submitted proposal, we believe they are better equipped to perform the required street sweeping functions than the lowest quoted proposal, Action Service Corporation. The City has the ability to accept the proposal that best meets the needs of the City by using past performance as a criteria for selection In past contracts the City has experienced poor performance issues with Action Service Corporation. Clark moved to recommend authorization for the Mayor to sign and award McDonough & Sons, Inc., the 2008 Street Sweeping Contract in the base sweep amount of $14,998 per month, with the option of four additional one year terms, upon concurrence of the language therein by the City Attorney and Public Works Director. The motion was seconded by Harmon and passed 3-0. ITEM 3 - 1161h Avenue S.E. Joint Utility Trench: Mark Howlett, Design Engineering Manager, explained that the increase cost the 116th Avenues S E. Joint Utility Trench project is attributable to additional trench length and depth above what was estimated to underground the existing overhead utility lines. By agreement, approximately 50% of the increased cost will be reimbursed by the various utility companies. The original contract amount was $671,368. The final amount was $816,846.35 or 21.67% above the original estimate that did not include the additional trenching that was ultimately required. r 2 PUBLIC WORKS COMMITTEE MINUTES DATED NOVEMBER 19, 2007 1 Harmon moved to recommend Council authorize the Mayor to accept the 116th Avenue S.E. Joint Utility Trench Project as complete and release retainage to Rodarte Construction Inc., upon receipt of standard releases from the state and release of any liens. The original contract amount was $671,368. The final amount was $816,846.35 or 21.67% over budget. The motion was seconded by Clark and passed 3-0. ITEM 4 — 2008 Water Treatment Chemical Contract with ICI Jones Chemical. ' Inc: Brad Lake, Water Superintendent explained that the treatment chemical sodium hydroxide is used as for pH adjustment for Kent's potable drinking water supply utilized by the City's water customers. The City of Kent annually advertises for water treatment supply chemicals to ensure a consistent cost, for budgetary purposes and to maintain consistent costs. The use of these chemicals is required to obtain drinking water quality that meets State and ' Federal Regulations for drinking water standards. Clark moved to recommend Council authorize the Mayor to sign the 2008 Water Treatment Chemical Supply Agreement in the amount of $73,140, between the City of Kent and JCI Jones Chemical Inc., for 25% Sodium Hydroxide. The motion was seconded by Harmon and passed 3-0. ITEM 5 — 2008 Water Treatment Chemical Contract with Cascade Columbia: Brad Lake, Water Superintendent explained that Sodium Fluoride is used to fluoridate the drinking water in an effort to help prevent dental cavities in young children. Potassium Permanganate is used as an oxidizer in the removal of iron and manganese. The City annually advertises for water treatment supply chemicals to ensure a consistent cost, for budgetary purposes and to maintain consistent costs. Harmon moved to recommend Council authorize the Mayor to sign the 2008 Water Treatment Chemical Supply Agreement in the amount of $33,244.80, between the City of Kent and Cascade Columbia Distribution for Sodium Fluoride and Potassium Permanganate. The motion was seconded by Clark and passed 3-0. ITEM 6 — Metropolitan Water Pollution Abatement Advisory Committee (MWPAAC) - Affirm Delegates: Larry Blanchard, Public Works Director, stated that the Metropolitan Water Pollution Abatement Advisory Committee (MWPAAC) is requiring affirmation that Greg Reed and , William Looney are current delegates. Clark moved to recommend Council authorize the Mayor to affirm Greg Reed, Utilities Superintendent as a delegate to MWPAAC and William Looney, Sewer Field Supervisor as an alternate delegate. The motion was seconded by Harmon and passed 3-0. ITEM 7 - Information Only/Landsbura Mine — Uodate: Mike Mactutis, Environmental Engineering Manager, gave a riveting PowerPoint Presentation updating the committee on the Landsburg Mine. 3 PUBLIC WORKS COMMITTEE MINUTES DATED NOVEMBER 19, 2007 Information Only No Motion Required ADDED ITEMS Information Only: ITEM 8 - Downtown Sidewalks Larry Blanchard, Pubic Works Director answered Councilmember Bob O'Brien's questions he had regarding the cost of sidewalks. ' ITEM 9 - Scenic Vista 1041h/2641h Councilmember Harmon asked about the speed study that was done on 104th, what is the status? It was noted that the study had been done and that there has been a number of follow-up discussions with the Property Manager from the Scenic Vista apartments Adiourned: The meeting was adjourned at 6:10 p.m. iNext Scheduled Meeting: Monday, December 03, at 5:00 p.m. The Meeting Scheduled for Monday, December 17, 2007 has been cancelled. Cheryl Viseth Public Works Committee Secretary j I- I 1 1 t t 1 CONTINUED COMMUNICATIONS A. i 1 i 1 ! 1 I 1 1 t 1 i iEXECUTIVE SESSION i 1 1 iACTION AFTER EXECUTIVE SESSION 1 1 1 , 1 r 1 i 1 i 1 1