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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/05/2008 110 Aire 51 �Ps 4 y � ,ii';i,-s4 MY, City of Kent °z ^�" III a 41� r� Counc .-O,� *a-r"^- i�l•'� �i^r I;�,f �* „pi ���,r„_,z � t� , � ,l i ti �lp geh 'a i �f s Eby; �t'i,"I, I,r ,,„ a ={ ' t qIV i� �,�. # �t"[ `^ ICI' v!"Pr ��,•" r �� i D ° , �ao.9ra." p�saIikO' � August 5, 2008 �t� h Mayor Suzette Cooke Debbie Raplee, Council President Councilmembe,rs Elizabeth Albertson Ron Harmon Tim Clark Deborah ,Ranniger ' Jamie Danielson Les Thomas KENT WAS HI N€3TON City Clerk's office KENT CITY COUNCIL AGENDAS • August 5, 2008 KENT Council Chambers W A S H I N O T O N MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President Elizabeth Albertson Tim Clark Jamie Danielson Ron Harmon Deborah Ranniger Les Thomas ********************************************************************** COUNCIL WORKSHOP CANCELLED ********************************************************************** SPECIAL COUNCIL MEETING AGENDA 5.00 p.m. 1. CALL TO ORDER FLAG SALUTE . 2. ROLL CALL 3. CHANGES TO AGENDA - None 4. PUBLIC COMMUNICATIONS ' A. Introduction of Kent and Yangzhou Exchange Students B. Public Recognition C. Community Events D. Employee of the Month E. Kent Events Center Update F. Economic Development Report t5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. Second Quarter Fee-In-Lieu Funds - Accept and Amend Budget D. Lake Meridian Boat Launch Fee Ordinance - Adopt E. Amended Street Tree List - Approve F. 4Culture Grant 2008 Sustained Support Grant - Accept and Amend Budget G. S. 277th Street Green River Detention Pond Project - Accept as Complete H. 228th Street Burlington Northern Santa Fe Grade Separation Project Easement - Grant I. LID 359, 116th Avenue Street & Utility Improvements (Kent-Kangley Road to SE 256th Street) Final Assessment Roll - Set Public Hearing Date J. 108th Avenue Townhomes Bill of Sale - Accept K. Momi Short Plat Bill of Sale - Accept L. Tacoma Pipeline #5 Intertie Control - Accept as Complete (Continued) COUNCIL MEETING AGENDA CONTINUED 7. OTHER BUSINESS None 8. BIDS A. Nursery Facility Retaining Wall 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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Q LY75 Y G `') c o o� o c L s E ro— C) - y o u ay v °O^ O CL v 3 0 bra 3 `o O ca °gN ^ vayti `O� - Oc E N3ovc oo `cos QLU c C i h C C ro v v C O p — s 0 3 T— b v E U ro v ro �� N� o v o E acoQ oU a O a� a� QEV u_ LA. v °_ ° ° n � ro E ao '� � v vc � voQ0 o ' ° �� v > LE (A �O rca � a aw vA u raa QV > a E � E as Q r>a0 Q mV�'SIn 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 PUBLIC COMMUNICATIONS A) INTRODUCTION OF KENT AND YANGZHOU EXCHANGE STUDENTS B) PUBLIC RECOGNITION C) COMMUNITY EVENTS D) EMPLOYEE OF THE MONTH E) KENT EVENTS CENTER UPDATE F) ECONOMIC DEVELOPMENT REPORT Kent City Council Meeting Date August 5, 2008 Item No. 6A - 6B CONSENT CALENDAR 6. City Council Action: Councilmember UA4— moves, Councilmember e_e�� seconds to approve Consent Calendar Items A through L. Discussion �--� Action 1 '()G 6A. Approval of Minutes. Approval of the minutes of the special Council meeting of July 8, 2008, and the minutes of the regular Council meeting of July 15, 2008, with a correction to Item B, changing regular check numbers from 621850 to 621851. 6B. Approval of Bills. Approval of payment of the bills received through June 30 and paid on June 30 after auditing by the Operations Committee on July 15, 2008. Approval of checks issued for vouchers: Date Check Numbers Amount 6/30/08 Wire Transfers 3319-3332 $1,255,687.00 6/30/08 Regular 621852-622356 6,742,641.66 Void Checks 621326 & 621756 0.00 Use Tax Payable 2,423.22 $8,000,751.88 Approval of checks issued for interim payroll and paid on June 19, 2008: Date Check Numbers Amount 6/19/08 Checks 305804 - Lange, N $120.81 Void Check 304683 - Lange, N -120.81 $ 0.00 Approval of checks issued for payroll for June 16 through June 30 and paid on July 3, 2008: Date Check Numbers Amount 7/3/08 Checks 305805-306145 $ 256,328.12 7/3/08 Advices 232791-233541 1,706,594.25 $1,962,922.37 Is KENT Wwa wroror Kent City Council Meeting July 8, 2008 A special meeting of the Kent City Council was called to order at 5:30 p.m. by Council President Raplee. Councilmembers present: Albertson, Clark, Harmon, Ranniger and Thomas. Council President Raplee explained that the purpose of this meeting is to fill the Council position left vacant by the passing of Bob O'Brien. She noted that each of the candidates will have an opportunity to tell the Council a bit about themselves and why they would like to be a Council member, and will then be asked the same three questions: 1) what do you believe is the fundamental role of government in relation to the citizens, 2) what do you see as the most significant needs of the city, and 3) what do you believe is your most significant contribution to Council and the citizens of Kent. The following candidates were then interviewed: Dana Ralph, Jamie Danielson, Nicole Byzinker, Jon Johnson, Dennis Higgins, Michael Sealfon, and Rashmee Sharma. The Council recessed to Executive Session to deliberate at 7:20 p.m. and reconvened at 8:20 p.m. Raplee then moved to appoint Jamie Danielson to fill vacant Council Position No. 2, effective upon taking the Oath of Office scheduled for July 15, 2008. Harmon seconded. After comments from various Councilmembers on the excellent applicant pool, the motion carried. The meetingadjourned at 8:22 .m. J P Brenda Jacober, CIVIC City Clerk Kent City Council Meeting KENO W A S H I N G T O N July 15, 2008 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Clark, Danielson, Harmon, Ranniger, Raplee and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) No changes were made. B. From the Public. (CFN-198) No changes were made. PUBLIC COMMUNICATIONS A. Oath of Office. (CFN-198) Mayor Cooke administered the Oath of Office to Jamie Danielson, who will fill Council Position No. 2. 1 B. Public Recognition. (CFN-198) Mayor Cooke read an email from Dan Cooper of Combat Sports in which he highly commended the City of Kent grounds people at Russell Road Park. C. Community Events. (CFN-198) Ranniger encouraged everyone to enjoy the summer activities taking place at Town Square Plaza and the Farmers Market. D. National Night Out. (CFN-155) Sara Wood of the Police Department noted that the August 5th Council meeting will begin at 5:00 p.m. so that Councilmembers can participate in National Night Out activities. She pointed out that this is the 25th anniversary of National Night Out and outlined some of the upcoming activities. E. Public Safety Report and Swearing In Ceremony. (CFN-122) Police Chief Strachan updated statistics on speeding tickets, vehicle thefts, community burglaries, DUI's, robberies, and prostitution-related arrests. He also talked about recruitment and fireworks, after which Mayor Cooke administered the Oath of Office to Officer Mike Apple. CONSENT CALENDAR Councilmember Danielson noted that since she has not been involved in the items on the Consent Calendar, she will abstain from voting. Raplee moved to adopt Consent Calendar Items A through I. Clark seconded and the motion carried, with Danielson abstaining. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of July 1, 2008, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through June 15 and paid on June 15 after auditing by the Operations Committee on July 1, 2008, were approved. 1 Kent City Council Minutes July 15, 2008 Approval of checks issued for vouchers: Date Check Numbers Amount 6/15/08 Wire transfers 3301-3318 $6,231,128.21 6/15/08 Regular 621313-621850 3,250,018.70 Void Checks 621326 & 621756 (357.11) Use Tax Payable 3,771.17 $9,484,560.97 Checks issued for payroll for May 16 through May 31 and paid on June 5, 2008, were approved: Date Check Numbers Amount 6/5/08 Checks 305175-305479 $ 247,738.22 6/5/08 Advices 231302-232043 1,476,208.78 Total Regular Payroll $1,723,947.00 Interim Payroll (void & reissue) Check Void 304083 ($46.51) 5/22/08 Check Issued 305174 $46.51 $0.00 Checks issued for payroll for June 1 through June 15 and paid on June 20, 2008, were approved: Date Check Numbers Amount 6/20/08 Checks 305480-305803 $ 239,074.77 6/20/08 Advices 232044-232790 1,470,001.99 Total Regular Payroll $1,709,076.76 C. Tract X/Haley's Ridge Subdivision. (CFN-1038) Public Works was authorized to record release of a Tract X easement, King County Short Plat 776021, subject to approval of final terms and conditions by the City Attorney and the Public Works Director. D. DCI Engineers Consultant Agreement, Construction Standards. (CFN-1038) The Mayor was authorized to sign a new 2008 contract with DCI Engineers to complete work on a final draft for Construction Standards and Specifications. The original amount of $30,000 has been exhausted due to the high number of comments and , additions from the first draft. E. Jason Engineering Consultant Agreement for Soils Testing. (CFN-1004) The Mayor was authorized to sign a consultant contract with Jason Engineering & Consultant Business, Inc., in the amount of $81,715, to provide materials testing and inspection services related to the North Park Sewer Rehabilitation Project, upon concurrence of the language acceptable to the City Attorney and the Public Works Director. 2 Kent City Council Minutes July 15, 2008 F. King County Interagency for Generator Transfer Switch. (CFN-118) The Mayor was authorized to sign the Interagency Agreement with King County in the approximate amount of $80,960 for the design, purchase, and installation of a generator transfer switch for the use of auxiliary power at the Kent Senior Activity Center, funded through state grant proceeds, and subject to final terms and conditions acceptable to the City Attorney and Parks Director. G. Washington State Military Department Grant. (CFN-122) The Washington State Military Department matching funds reimbursable grant in the amount of $80,507 to enhance local budgets through the Federal Emergency Management Agency (FEMA) Emergency Management Performance Grant was accepted, expenditure of the funds was approved, and the Mayor was authorized to sign all necessary documents, subject to terms and conditions acceptable to the City Attorney. H. Haley's Ridge Final Plat. (CFN-1272) The final plat mylar for Haley's Ridge was approved and the Mayor was authorized to sign the mylar. The Hearing Examiner recommended approval for Haley's Ridge LLC to subdivide approximately 4.78 acres into 20 single-family residential lots. The property is located at 27229 108th Avenue SE. I. Jail Industries Board Grant. (CFN-122) A grant from the Jail Industries Board in an amount not to exceed $13,482 for the delivery of offender employment related training at the City of Kent Corrections Facility was accepted, expenditure of the funds was approved, and the Mayor was authorized to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney. OTHER BUSINESS A. Kent Events Center Supplemental Budget Authority. (CFN-1305) Ben Wolters, Economic Development Director, sought approval from the Council of an additional $5,929,000 for the Kent Events Center Project budget. He explained that the additional funds would pay for project costs necessary to complete the building's design and construction on time while preserving the facility's revenue potential. He gave a history of the project and made recommendations on how best to proceed at this point. He pointed out that construction was begun at 80% design, in order to take advantage of last summer's construction season and meet the very aggressive schedule, to stay ahead of continual increases in cost of construction, and to better coincide with the Thunderbirds schedule. He noted that 99% of the bids have been awarded, 60% of the building is constructed, and the opening date has been confirmed. Wolters gave a breakdown of the contingency fund, noting that bids went over the estimate, and that other issues came up related to delays, technical challenges, poor soil conditions, mechanical and electrical design, and consultant and permit fees. He said the current balance in the contingency fund is $614,000, and that part of the funds requested would be used to replenish the fund and cover additional expenses against the fund. He summarized the $5.9 million request as follows: $2,000,000 in committed and required costs, $2,383,000 in additions to meet revenue projections and improve safety, and $1,546,000 in improvements to quality, efficiency and revenue. 3 Kent City Council Minutes July 15, 2008 Wolters stated that a substantial amount of the costs will be offset as additional revenue beyond last July's projections, such as $140,000 in annual revenue from advertising on the center scoreboard, $200,000 in advertising and sponsorship revenue in the building, and $60,000 annually in suite sales. He said total revenues would be approximately $4,000,000. Finance Director Nachlinger and CAO Hodgson then responded to questions from Councilmembers relating to financing, bonds, and revenues. Wolters addressed questions regarding options for the railroad crossings, the number of suites, and the status of naming rights. Raplee moved to authorize an additional $5,929,000 for the Kent Events Center Project and authorize the Mayor to expend such funds and execute all necessary documents and change orders for the project, subject to final terms and conditions acceptable to the City Attorney. Harmon seconded. Clark voiced concern about the use of Councilmatic bonds, and shortages in other capital projects, especially flood control. Ranniger said the proposed package goes beyond her comfort level and suggested revising it. Albertson also spoke about flood control and levy repair, and said she cannot support this debt with this funding source. Harmon, Raplee and Thomas spoke in favor of the motion, noting that the project must be top priority, that it is prudent to make improvements, and that the building is a landmark for Kent and it should be done right. Danielson said although the bonds are risky, the facility will bring vitality to Kent and it should be done correctly. Upon a roll call vote, the motion to authorize the additional funds carried 4-3 with Danielson, Harmon, Raplee and Thomas in favor, and Albertson, Clark and Ranniger opposed. BIDS A. North Park Sanitary Sewer Rebuild. (CFN-1004) The bid opening for this project was held on July 8, 2008, with six (6) bids received. The low bid was submitted by Frontier Construction in the amount of $1,168,465.18. The Engineer's Estimate was $1,223,439.29. Public Works Director Blanchard explained that this is the first in a four-year rehabilitation project, and said it should have minimal impact on the neighborhood. Ranniger moved to award the contract for the North Park Sanitary Sewer Rebuild project to Frontier Construction in the amount of $1,168,465.18. Raplee seconded and the motion carried. REPORTS A. Council President. (CFN-198) Raplee announced that Jamie Danielson will replace her on the Public Safety Committee, and Ron Harmon on the Parks & Human Services Committee. B. Mayor. (CFN-198) Mayor Cooke noted that at their meeting today, SCATBD took a position to endorse Sound Transit 2 in it's move ahead to the ballot. C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the next meeting will be held at 5:00 p.m. on July 17. 4 Kent City Council Minutes July 15, 2008 E. Planning and Economic Development Committee. (CFN-198) No report was given. F. Public Safety Committee. (CFN-198) No report was given. G. Public Works Committee. (CFN-198) Ranniger noted that water and sewer plan presentations are forthcoming. H. Administration. (CFN-198) CAO Hodgson reminded everyone that the August 5th Council meeting will begin at 5:00 o'clock, making it a special meeting, and that there will be no workshop. The City Attorney then presented a brief update on the Springboard parking garage project. ADJOURNMENT The meeting adjourned at 8:50 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 5 Kent City Council Meeting Date August 5, 2008 Category Consent Calendar - 6C 1. SUBJECT: SECOND QUARTER FEE-IN-LIEU FUNDS - ACCEPT AND AMEND BUDGET ' 2. SUMMARY STATEMENT: Accept the $28,417 fee-in-lieu funds for the second quarter of 2008, and approve the expenditure of funds in the Seven Oaks ' Park, Wilson Playfields Acquisition & Development, and Turnkey Park budgets. Between April and June 2008, the City received a total of $28,417 from three developers who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in three subdivisions: Seven Oaks Park budget: $6,975 from Mental Health Housing Foundation Wilson Playfields Park budget: $10,042 from HS Homes & Development, Inc. Turnkey Park budget: $11,400 from Main Street Builders, LLC 3. EXHIBITS: Revenue Report 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 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: d 0 �i alan. 0. a co 0 0 aD m m ti o_ ' E 0 N 7 V ' O O a e ar c 0 LL a 5 5 O J N N O Q Np U CO = Q m C) ' a d d U E � N E In' O d CM oD n 00 co Z ((0 N 0 000 +„� N lC) 47 C W 3 O N 0) O V N V yO O U W O O CO .0O O O O J ' L # O ca IL d 0 0 0 0 0 0 0 0 00 0 0 ' 0 Sri o (ci Cq e ti v (D rn o F. Q SO - - - M 07 .. b U-) (0 (MO n N O O O O m � nn U M h M n pi to W) LO o ' d o 0 ao o ~ .• o 0 0 o c N O O K 7 0 J N C h N O O U 00 d' Lo ( (a Q O ' N d O � O d CD .O 7 O O O N w O o 0 0 N co r- co M ' <1 E CD t^D (D ((o= N N N P Z M M M M O yam„ 0 0 0 0 O O N N N N LO 0aan. a � � a Kent City Council Meeting Date Au uq st 5, 2008 ' Category Consent Calendar - 6D 1. SU137ECT: LAKE MERIDIAN BOAT LAUNCH FEE ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. amending the Kent City Code to establish a boat launch fee at Lake Meridian Park, to establish a boating facility fund for the launch proceeds, and to make minor housekeeping amendments. Staff recommends that all revenue generated by the launch fee program be deposited into a dedicated boating facility fund for expenses to operate, maintain, improve and enforce boating activities and facilities with the City; to acquire land to expand boating facilities; to purchase replacement equipment and supplies; to recover the cost to collect boat launch fees within the City. The creation of the launch fee led to minor housekeeping changes within the code including infraction penalty amounts, swimming restrictions, and clarification of speed limits. 3. EXHIBITS: Ordinance 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 ' 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: ' ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Kent City Code to establish a boat launch fee at Lake Meridian, to establish a boating facility fund for the launch proceeds, and to make other housekeeping amendments. RECITALS A. The are two boat launches that provide public access to Lake Meridian. One boat launch is operated by the Washington State Department of Fish and Wildlife. It is unimproved, does not have a boarding float, and a boat launch fee is included in the cost of state-issued fishing licenses. The second boat launch is owned and operated by the City of Kent. Use of the City's boat launch facility has increased over the years, and Kent citizens and City staff have requested that boat launch fees be implemented at Lake Meridian Park to regulate access and assist in the maintenance and operation costs of the boat launch. B. Based on a survey of boat launch fees charged by surrounding jurisdictions, the City Council wishes to establish similar boat launch fees at Lake Meridian. Upon the effective date of this ordinance, visitors may remit either an annual boat launch fee of $50, or a per launch ' fee of $5. Revenue generated by the boat launch fee will be used to assist Amend Kent City Code to Establish Lake Meridian Boat Launch Fees ' 1 with the City`s operation and maintenance costs associated with its boating facilities. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE , SECTION 1. - Amendment. Chapter 3.40 of the Kent City Code, , entitled "Specific Funds," is amended to add a new Part 13 establishing a Boating Facility Fund as follows: ' PART 13. BOATING FACILITY FUND Sec. 3.40.1300. Created. There is hereby established a City boating facility fund for the receipt of: , 1. Vessel and personal watercraft launch fees collected under ' KCC 4.06.200. 2. Private or public gifts, endowments, donations, bequests, or ' other grants. 3. Such other funding sources as may be available. , Sec. 3.40.1310. Expenditures and disbursements. Expenditures and disbursements made from the boating facility fund shall support boating needs within the City. Authorized disbursements that may be made from the boating facility fund include expenses to operate, maintain, improve, and enforce boating activities and facilities and aquatic resources within the City; to acquire land to expand boating facilities; to ' purchase replacement equipment and supplies; to recover the cost to collect boat launch fees within the City; and to pay for the cost of such other expenditures and disbursements as may be recommended by the Amend Kent City Code to Establish ' Lake Meridian Boat Launch Fees 2 , Parks, Recreation, and Community Services Director and approved by the City Council. SECTION 2. - Amendment. Section 4.01.080 of the Kent City Code, entitled "Prohibited activities—Speed limits, etc., vehicles and horses," is amended to add a new subsection related to boat launch fees and to make minor housekeeping changes as follows: ' Sec. 4.01.080. Prohibited activities - Speed limits, ete:, vehicles, and horses. A. No person shall ride or drive any bicycle, tricycle, motorcycle, motor vehicle, horse, or pony over or through any park at a screed in excess of fifteen (15) miles per hour. Nor shall any person ride or drive any bicycle, tricycle, motorcycle, motor vehicle, horse, or pony over or through anX park, except within, along, and upon the park drives, parkways, or park ' boulevards, i however, a person may ride a bicycle or tricycle on park trails, unless the parks, recreation, and community services director prohibits bicycle or tricycle use and posts a sign advising of the prohibition. B. No person shall stand or park any vehicle, except in designated areas or in accordance with signs, striping, or other methods which make clear the appropriate method or manner of parking. Improperly parked ' vehicles, including vehicles parked on sidewalks, vehicles left parked over twenty-four (24) hours, vehicles not associated with the use of the park, and unauthorized vehicles left in the park between dusk and dawn, are subject to the penalties provided for in KCC 4.01.220(C) and may be towed away at the expense of the owner. ' Amend Kent City Code to Establish Lake Meridian Boat Launch Fees 3 1 1 SECTION 3. - Amendment. Section 4.01.220 of the Kent City Code, entitled "Penalties," is amended as follows: Sec. 4.01.220. Penalties. , A. Civil infraction 1. Except as provided in subsections (A)(2) and (B) a , violation of any provision of this chapter shall constitute a class 1 civil infraction in accordance with RCW 7.80.120(1)(a), as currently enacted or ' hereafter amended. 2. A violation of KCC 4.01.080(B) shall constitute a class 3 civil infraction in accordance with RCW 7.80.120(1)(c), as currently enacted or hereafter amended. 3. Each separate day, or portion thereof, during which any violation occurs, shall constitute a separate violation. B. Misdemeanor. Any person who violates KCC 4.01.020 or 4.01.040 of this chapter shall be guilty of a misdemeanor punishable by a fine not to exceed five thousand dollars ($5,000) or by imprisonment not to exceed one (1) year, or by both such fine and imprisonment. Each separate day ' or portion thereof during which such violation occurs shall constitute a separate violation. SECTION 4. - Amendment. Section 4.06.040 of the Kent City Code, entitled "Definitions," is amended to add a definition for the term "boat basin," as follows: Amend Kent City Code to Establish ' Lake Meridian Boat Launch Fees 4 ' Sec. 4.06.040. Definitions. For the purpose of this chapter, in addition to the definitions set forth in RCW 79A.60.010 adopted above, the following terms shall have the meaning ascribed in this section: Authorized emergency vessel means any authorized vessel of the city's police or fire departments, the United States government, and state of Washington authorized patrol boats or vessels. Boat basin means the submerged waters surrounding the boat launch ramp and boarding float through which boats travel for the purpose of entering and exiting lake waters. City means the city of Kent. Obstruction means any matter which may in any way blockade, 1 interfere with, or endanger any vessel or impede navigation including but not limited to rafts, log booms, trees, lumber, and other similar material or objects. Oil means any oil or liquid, whether of animal, vegetable, or mineral ' origin, or a mixture, compound or distillation thereof. Person, when necessary, means and includes natural persons, associations, co-partnerships and corporations, whether acting by themselves or by a servant, agent, or employee; the singular number, when necessary, means the plural, and the masculine pronoun includes the feminine. Pier means any pier, wharf, dock, float, gridiron, or other structure to promote the convenient loading or unloading or other discharge of vessel, or the moorage of vessel. Police or police department means the police department of the city ' of Kent. Restricted area means an area that has been marked in accordance with and as authorized by the law or regulations of the city, to be used for certain designated purposes such as swimming and aquatic events or otherwise closed to use by vessels, the method of marking and designation Amend Kent City Code to Establish Lake Meridian Boat Launch Fees 1 5 r r of which shall have been made by the city in accordance with the provisions of this chapter. ' Skin diving means any free swimming person and/or any person who uses an artificial or mechanical means to replace his or her air, , including self-contained underwater breathing apparatus (SCUBA diving), snorkel tube equipment, and free diving gear. Vessel includes, but is not limited to, rowboat, sailboat, sailboard, canoe, kayak, powerboat, ski boat, personal watercraft, and other similar watercraft. SECTION S. - Amendment. Section 4.06.160 of the Kent City Code, entitled 'Swimming—Lake Meridian," is amended to add a new ' subsection (A)(3) as follows: Sec. 4.06.160. Swimming - Lake Meridian. , A. Swimming in Lake Meridian shall be confined to: 1. Restricted swimming areas; or , 2. To within a distance of fifty (50) feet from the shore, or a pier, or an occupied vessel accompanying the swimmer in the water; or- 3. Those areas as may be identified by the City as the course for competitive swimming training or events; or 4. Those waters of the lake that are a distance of one hundred (100) feet away from the boat basin, the boat launch, the boarding float, and the temporary moorage associated with the boat launch. B. Use of inflatable flotation or similar devices, not b propelled Y instruments such as oars and paddles, including, but not limited to tubes, ' boards, and inflatable rafts, are only allowed within a distance of fifty (50) feet from shore in non-designated swimming areas. Amend Kent City Code to Establish Lake Meridian Boat Launch Fees 6 ' t C. No person shall cause to be tied to any marker buoy, any watercraft, boat, or similar craft or flotation device such as a tube, board, or inflatable raft. D. No person shall give or transmit a false signal or false alarm of ' drowning in any manner. E. The larks, recreation, and community services director ef�r-les-and ' ;�;en .may establish the hours for lifeguard supervised swimming and may establish rules and regulations for use within or adjacent to designated swim areas. ISECTION 6. - Amendment. Section 4.06.200 of the Kent City Code, entitled "Lake Meridian—Motor-powered vessel restrictions—Water skiing and personal watercraft operation," is amended to add a new section establishing launch fees at Lake Meridian for vessels and personal watercraft as follows: Sec. 4.06.200. Lake Meridian - Motor-powered vessel restrictions - Water skiing and personal watercraft operation. A. Generally. The following rules and regulations are adopted for the use of motor-powered vessels on Lake Meridian: 1. It is unlawful to use or operate any vessel powered by motor power on Lake Meridian, except that vessels with the following engines will be permitted: a. Water-cooled outboard engines of stock manufacture or stock manufactured inboard engines with outboard drive units (inboard/outboards) which vent all exhaust gases through the lower drive tunit in conjunction with cooling water and/or vent at a point on the drive unit which is under water at all times; or water-cooled direct drive inboard 1 Amend Kent City Code to Establish Lake Meridian Boat Launch Fees 7 1 engines equipped with a muffler or silencer of sufficient size and capacity to effectively muffle and reduce noise similar to that of outboards and ' inboard/outboards. This includes both propeller and jet propulsion watercraft. , b. Air-cooled outboard or inboard engines of stock manufacture rated by the manufacturer at ten (10) horsepower or less. C. Electric fishing trolling motors. 2. No vessel shall operate in excess of eight (8) miles per hour after 6:00 p.m. until the hour of 9:00 a.m. and not in excess of thirty-five (35) miles per hour from 9:00 a.m. to 6:00 p.m. 3. Vessels exceeding speeds of eight (8) miles per hour shall remain at least two hundred (200) feet from the shoreline and one hundred (100) feet from other vessels and swimmers and shall proceed around the lake in a counterclockwise direction. 4. All vessels operating on Lake Meridian shall carry United States Coast Guard approved personal flotation devices in good condition , for each person in the vessel. 5. Motor-powered vessels operating after sundown shall be ' equipped with and have lit proper running lights. 6. The anchorage or moorage of unoccupied vessels is prohibited , except when tied to a pier or dock with the permission of the owner of the pier or dock. However, an unoccupied vessel may only be anchored or ' moored to a City pier or dock while the vessel's trailer is being parked or retrieved. , 7. No remote controlled vessels powered by internal combustion engines shall operate before 9:00 a.m. or after 6:00 p.m. Additionally, such remote controlled vessels may only be operated in those areas as may be designated by the parks, recreation, and community services ' director, and shall not be operated within 100 feet of any fishing pier, designated swimming area, or boat launch ramp and dock. , Amend Kent City Code to Establish Lake Meridian Boat Launch Fees 8 , t r 8. Skin diving is prohibited except as necessary for public employees and their agents or other authorized personnel to perform their duties or in the case of an emergency. 9. No person shall launch a vessel or personal watercraft off a trailer and into Lake Meridian from the City-operated boat launch at Lake ' Meridian Park without first paying a launch fee in the amount of five dollars ($5)per launch, or an annual launch fee in the amount of fifty dollars ( 50), and displaying the receipt or annual permit on the dashboard of the vehicle from which the vessel or personal watercraft was launched. ' B. Water skiing. The following regulations apply to all water skiing activities as defined in RCW 79A.60.010 including, but not limited to, being towed behind a vessel on skis, an aquaplane, kneeboard, tube, or similar device: 1. Water skiing on the lake at speeds up to and including eight (8) miles per hour is permitted any time between dawn and dusk. 2. Water skiing on the lake at speeds over eight (8) miles per hour shall be limited to the hours of 9:00 a.m. to 6:00 p.m. 3. It is unlawful to water ski within three hundred (300) feet of ' shore except as follows: a. From privately owned shoreline, water skiers may start at and return to shore by means of the most expeditious route; b. From city owned shoreline, water skiers may start or return (deep water start) from a distance of two hundred (200) feet or greater from shore but are prohibited from starting or stopping within two hundred (200) feet of shore. For purposes of this provision, city owned shoreline includes the swimming beach and boat launching areas of the park. For purposes of starting at and returning to shore as authorized herein, water skiers may temporarily exceed the speed limit to eight (8) miles per hour. Amend Kent City Code to Establish Lake Meridian Boat Launch Fees 9 4. All persons in vessels towing persons on water skis, tubes, surfboards, or similar contrivance shall remain seated at all times. 5. All operators of vessels having in tow or otherwise assisting a person on water skis, tubes, surfboards, or similar contrivance shall comply with KCC 4.06.060. 6. Regulations stated in this subsection shall not apply to vessels , used in water ski tournaments, competitions, expositions, or trials therefor, which have been duly authorized by the city. C. Personal watercraft. In addition to RCW 79A.60.190 adopted in KCC 4.06.020, the following regulations shall apply to personal watercraft: 1. Personal watercraft may be operated on the lake at speeds up to and including eight (8) miles per hour any day except during hours of darkness. 2. Personal watercraft may be operated on the lake at speeds in excess of eight (8) miles per hour only as follows: a. Between the hours of 12:00 noon and 6:00 p.m.; b. On even-numbered days of the calendar; and C. From and including May 16th through and including September 15th of any year. t SECTION 7. - Amendment. Section 4.06.280 of the Kent City Code, entitled "Penalties," is amended as follows: ' Sec. 4.06.280. Penalties. The following penalties shall apply for violations of this chapter: A. Civil -linfraction. Except as provided in subsections (B) and (C) t below, a violation of any of the provisions of this chapter shall constitute a-Ra class 3 civil infraction in accordance with RCW 7.80.120(1)(c), as currently enacted or hereafter amended. Amend(Cent City Code to Establish Lake Meridian Boat Launch Fees 10 , Pursuant to Chapter 7.84 RCW, any violation of the provisions of Chapter 79A.60 RCW adopted herein which constitutes an infraction shall be assessed a monetary penalty as established in the penalty schedule currently set forth and as hereinafter amended in Court Rule IRU 6.2 adopted herein by reference. Each separate day, or portion thereof, during which any violation occurs shall constitute a separate violation. B. Misdemeanor. Any violation of any provision established in this chapter which constitutes a misdemeanor shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment. Each separate day or portion thereof during which such violation occurs shall constitute a separate violation. C. Gross misdemeanor. Any violation of any provision established in this chapter which constitutes a gross misdemeanor shall be punishable by a fine not to exceed five thousand dollars ($5,000) or by imprisonment not to exceed one (1) year, or by both such fine and imprisonment. Each separate day or portion thereof during which such violation occurs shall constitute a separate violation. SECTION S. - Severabilitv. 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. Amend Kent City Code to Establish Lake Meridian Boat Launch Fees 11 SECTION 9. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: , BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY j PASSED: day of 2008. , APPROVED: day of 12008. PUBLISHED: day of 12008. I herebycertify that this is a true co of Ordinance No. Y PY 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 7•\Clvll\Ordinance\BoatWunchFees-LakeMerldian doc Amend Kent City Code to Establish Lake Meridian Boat Launch Fees 12 1 Kent City Council Meeting Date August 5, 2008 Category Consent Calendar - 6E 1. SUBJECT: AMENDED STREET TREE LIST - APPROVE 2. SUMMARY STATEMENT: Approve the amended street tree list to include tree species that are available on the wholesale market. Every five years staff reviews the Approved Street Tree list for trees that are posing problems to infrastructure, are attracting pests, or are prone to disease, and staff proposes appropriate revisions for Council's consideration. The City Council approved the last revisions on May 19, 2004. The Street Tree Certified Arborist is recommending that the Approved Street Tree List be amended to include trees that are readily available in wholesale tree nurseries and to delete one species that does not thrive in this climate. 3. EXHIBITS: Proposed revised street tree list 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 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: CITY OF KENT DEVELOPMENT ASSISTANCE 14 • BROCHURE KENT _W A S H I N O T O N_ CITY OF KENT STREET TREES The City of Kent has adopted the Street Tree Code Chapter 6.10 of the Kent City Code. This City of Kent Development Assistance Brochure was prepared to provide the reader with information about how and where street trees are to be planted, and includes the list of currently approved Street Trees as determined by the Director of the Parks Department. The City of Kent Department of Public Works and the Parks Department jointly approve required Street Tree Plans associated with public street improvements. There are many site constraints that may limit the species of street trees that can be planted in a specific location. The following are typical site constraints and/or standards that are associated with an urban street tree planting environment, and that must be considered before the City gives approval to plant a specific street tree species for a particular project: 1. Sidewalk width 2. Rooting space (tree pit size, planting strip width) 3. Building setbacks (distances from trees) 4. Canopy or Building overhang (distances from trees) 5. Signs, Windows or Entryways (placement, size, use, safety) 6. Street Lighting and/or Pedestrian Scale Lighting 7. Soils 8. Pedestrian Clearance 9. Presence of Underground and Overhead Utilities 10. Street Tree (root and crown growth, maintenance, aesthetics, etc.) 11. Vehicle Parking 12. Horizontal and Vertical Site Distance Clearance 13. City of Kent Construction Standards 14. Kent Downtown Design Standards Street Trees planted along new residential streets will be planted in the 5-foot wide planter strip constructed between the back of vertical cement concrete curb and the front of the cement concrete sidewalk. Street Trees planted along existing streets may be planted either in 5-foot wide planter strips or behind the sidewalks, as specified by Public Works. The City of Kent Construction Standards contains Standard Details for Street Trees. One of these Standard Details includes installation requirements: See Standard Detail 6-8(a). Another of these Standard Details include minimum separation requirements between: Street Trees and Intersections; Street Trees and driveways; and Street Trees and Street Lights. See Standard Detail 6-8(b). 1 Trees for Right of Way Planting The following table provides the list of approved street tree species, and some of the characteristics associated with each street tree species at maturity: Trees highlighted in gray are new to the list for consideration on July 17, 2008. Trees recommended to be removed from the approved list in May 2004 due to lack of availability are Trident Maple, Tatarian Maple, and American Hophornbeam. The Golden Desert Ash is recommended for removal because it is better suited to a drier warmer, climate. Common Name Scientific Name Height Width Shape Minimum (feet) (feet) Spacing feet Small Street Trees For planting 30' or, _ under power . less lines Flame Maple Acer ginnala 20' 20' Round wl 30' 'flame' spreading low branches Flamingo Box Elder Acer negundo 20' 15, Oval to round 25' 'Flamingo' Crimson Sentry Maple Acer platanoides 30' 12' Upright oval form 15, ' 'Crimson Sentry' Apollo Maple Acer saccharum 25' 10, Narrow to 20' columnar Norwegian Sunset Acer truncatum x 30' 25' Oval 30' Maple Acer platanoides 'Keithsform' 01 Japanese Hornbeam Car anus japonicus 20' 25' Vase shape 30' Lavalle Hawthorn Crataegus x 28' 20' Irregular vase 30' lavallei shaped Washington Hawthorn Crataegus 25' 20' Broadly oval to 30' phaenopyrum round Leprechaun Ash Fraxinus 18, 16' Dense, compact, 25' pennsylvanica round 'Johnson' Golden Raindrops Malus transitoria 20' 15' Upright, vase 25' Crabapple 'Schmidt cutleaf' shaped Red Barron Crabapple Malus 'Red Barron' 18' 8' Narrow, columnar 20' Red Jewel Crabapple Malus 'Jewelcole' 15, 12' Upright, ramidal 25' Tschonoskii Crabapple Malus tschonoskii 28' 14' Upright, narrowly 25' oval Purple Prince Crabapple Malus 'Purple 20' 20' Rounded 25' Prince' Yoshino Cherry Prunus x 30' 30' Upright Spreading 35' yedoensis 'Yoshino' Red Cascade Mountain Sorbus Amencana 18' 8' Compact oval 20' Ash 'Dwarfcrown' Ivory Silk Japanese Syringa reticulata 20' 15' Upright spreading 25' 'Ivor Silk' becoming round 2 n T 'F�,A� Medl Stan e 1 I W, 7 dower 6�1 4 P Tr&6;�, r M-Tv"ma Red Sunset Maple Acer rubrum 'Red 45' 30' Oval upright 35' Sunset' Armstrong Maple Acer rubrum 45' 15' Narrow, upright 25' 'Armstrong' columnar Queen Elizabeth Maple Acer campestre 35' 30' Upright, becoming 40' 'Evelyn' round Autumn Blaze Maple Acer x fremani 45' 35' Oval Round 40' 'Feffersred' Sensation Box Elder Acer negundo 30' 25' Round 35' 'Sensation' Pacific Sunset Maple Acer truncatum x 30' 15, Upright spreading, 25' Acer plantanoides rounded crown Warrenred' Frans Fontaine Carpinus betulus 30' 15' Columnar 25' Hornbeam 'Frans Fontaine' Raywood Ash Fraxinus oxycarpa 35' 25' Oval, dense crown 35' 'Raywood' Maidenhair Tree Ginkgo biloba 50, 25 Narrow pyramidal 30' 'Magyar' Imperial Honeylocust Gleditsia triacanthos 35' 35' Round 45' 'Impcole' Galaxy Magnolia Magnolia 'Galaxy' 30' 15' Pyramidal to oval 25' Edith Bogue Southern Magnolia grandiflora 30' 15' Pyramidal tight 25' Magnolia 'Edith Bogue' Spire Cherry Prunus x hillieri 30' 10, Upright columnar, 20' 'Spire' narrowly vase shaped Columnar Sargent Prunus sargentii 35' 15' Upright columnar, 25' Cherry 'Columnaris' narrowly vase shaped Edgewood Pear Pyrus calleryana x 30' 25' Round 35' betulaefolia 'Edgewood Capital Pear Pyrus calleryana 35' 12' Columnar 20' 'Capital' Chanticleer Pear Pyrus calleryana 40' is, Columnar, 25' 'Glen's Form' narrowly pyramidal Greenspire Linden Tilia cordata 40' 30' Uniform pyramidal 35' 'Greenspire' form Crimson Spire Oak Quercus alba x 45' 15' Columnar, tightly 25' Quercus robur fastigiated 'Crimschmldt' Skyrocket Oak Quercus robur 45' is, Narrow, fastigiated 25' 'Fastlgiata' Prospector Elm Ulmus wilsonlana 40' 30' Vase Shape 35' 'Prospector' Green Vase Zelkova Zelkova serrata 45' 30' Vase Shape 35' 'Green Vase' Musashino Zelkova serrata 45' 20' Very narrow, upright 30' 'Musashino' vase shaped 1 Trees for Bio-swalle Plantings These trees are only approved for Bio-swale applications. Please refer to the height of the trees for planting under power lines. Please check with Quientin Poll 253-856-5127 for approval of Bio-Swale trees. Armstrong Maple Acer rubrum 50' 20' Columnar 25' 'Armstrong' Freeman Maple Acer freemanil 40' 30' Rounded 35' Box Elder Acer Negundo 40' 25' Oval 30' Northern Catalpa Catalpa speciosa 5:0" 35' Round spreading 40' Washington Hawthorn Crataegus 25, 25' Round 30' phaenopyrum Cockspur Hawthorn Crataegus crus-galii 25' 25' Round 30' Green Ash Fraxinus 60' �40' Oval 35' pennsyivanicus Thorn less Honey Gleditsia 50" 50' Rounded 60' Locust triacanthos VAR. inermis - Black Gum Nyssa sylvatica 40' 25' Oval, 30' Gray Birch Betula populifolia 30' 25' Multi - stem 30' Sweet Bay Magnolia Magnolia virginiana 20' 25' Rounded/spreading 30' 1 Asian Fringe Tree Chionanthus 25' 25' Rounded crown 30' Retusus Common Hackberry Celtis occidentalis 45' 30' Rounded crown 35' American Elm Ulmas Americana 60, 40' Oval 50' Draft July 17,2008 Revised August ,2008 1 1 4 Kent City Council Meeting Date August 5, 2008 Category Consent Calendar - 6F 1. SUBJECT: 4CULTURE GRANT 2008 SUSTAINED SUPPORT GRANT - ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Authorize the Mayor to sign the 4Culture Sustained Support grant in the amount of $17,000 to support 2008 Kent Arts Commission programs, and to approve the expenditure of funds in the Kent Arts Commission budget. 4Culture has awarded the Kent Arts Commission $17,000 in Sustained Support funding through a competitive grant process. The funding will support 2008 programs, including Spotlight Series performances, Kent Kids' Arts Day, Kent Summer Concert Series and two Missoula Children's Theatre residencies. 3. EXHIBITS: Grant Agreement No. 108177A 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 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Agreement No. 108177A Contractor's Federal Taxpayer ID No. Contractor City of Kent Arts Commission Project Title: 2008 Programs Contract Amount: $ 17,000.00 Fund Source: CP—Arts Sustained Support Contract Period From: 01/01/08 To: 12/31/08 AGENCY SERVICES CONTRACT 2008 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. 2008-31. 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 seq. 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 VI I, 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: AG SVC 08 Page 1 of 2 I. 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: 4 Approved logos are available for download in a variety of formats at CULTURE http://Www.4culture.org/partner/logos HIND COUNTY LODGING TAR 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 January 1, 2008 and shall terminate on December 31, 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 $17,000.00. AG SVC 08 Page 2 of 2 t 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. jF. 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 08 Page 3 of 7 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 08 Page 4 of 7 iB. 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 p g 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 08 Page 5 of 7 i XII. NONDISCRIMINATION j 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); K.C.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. XIII. 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. I 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. i AG SVC 08 Page 6 of 7 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 08 Page 7 of 7 l Exhibit A SCOPE OF SERVICE City of Kent Arts Commission and 4Culture, the Cultural Development Authority of King County, mutually agree that the following services be provided in accordance with the application and contract work sheet submitted to and approved by the 4Culture Board of Directors. Support for 2008 Programs, including Spotlight Series, a professional performing arts series; Kent Kids'Arts Day; Kent's Summer Concert Series; Kent Arts Commission produced arts and cultural activities at Kent's annual Cornucopia Days festival, and two Missoula Children's Theatre residencies. Events are open and publicized to the community. AMOUNT $17,000.00 For artist fees and program expenses. Payable upon completion, submittal of invoice and documentation regarding: • Final budget, actual • Completion of evaluation form • Final report of program activities • Programs, brochures, flyers if available PUBLIC BENEFIT Programs are accessible to a broad range of King County residents. Approximately 1,200 free tickets to Kent Kids'Arts Day are distributed to economically disadvantaged families. A variety of summer arts activities are provided free of charge, including 20 summer concerts. Complimentary and discounted tickets for many performances are distributed by local social service agencies; these tickets reach seniors, teens, disabled citizens, and ethnically diverse groups. Public and school lectures, workshops and other outreach activities are offered for free or very low cost in conjunction with performances. Scholarships for classes and residency activities are available. PUBLICITYRROMOTION POLICY Prominent acknowledgment of 4Culture/King County Lodging Tax Fund 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 4Culture contract administrator or go to http://4culture.org/partner/index.htm to download the appropriate logo credit. Final payment will not be made until acknowledgment is submitted on printed material Exhibit B cuLruRE LAA SUSTAINED SUPPORT RINQ O CIIN IY LUNGING If% 2008-2009 LAA Sustained Support Program Application 4Culture 206.29r,.7580 101 Prefontaine Place S, Seattle WA 98104 206.296.857,1 TTY vvYA4 dCUlkh,a Orel Deadline: Applications must be received in the office by 4:30 pm on Dec 10, 2007 Monday, December 10,2007 or postmarked by December 10, 2007 INSTRUCTIONS • Read the LAA Sustained Support Program Guidelines before filling out this form. • Please type application.Do not reduce type or use smaller than 10 point type. • Signature of organization and municipal leadership required. • Submit one signed original application and 10 double-sided copies,all three-hole punched and paper-clipped,NOT stapled. • Submit one set of organizational paperwork,and one set of additional support materials. • Please send electronic copies of the Application Cover Page,Three-Page Narrative, and Excel Attachments(pages 1-7)should be sent via e-mail to charlie.rathbun -4culture.org Subject heading"Sustained Support Application" Applicant Information: Organization Legal Name:City of Kent Arts Commission Director:Mr. ❑ Ms. ® Title:Cultural Programs Manager I First Name: Ronda Last Name: Billerbeck King County Council District#: Address: 220 4�h Avenue South City: Zip: 9&13 Kent 98032 WA State Legislative District(s)M 33&4T Congressional District# Area Code:253 Phone:856- e-mail:rbillerbeck@ci.kent.wa.us 9 5050 Area Code:253 Fax:856- http:#www.kentarts.com 6050 �j Federal Tax ID#:91-6001254 WA State UBI#:C-173-000-002 �■i Award Contact: Mr. ❑Ms. ® Title:Cultural Programs Manager First Name:Ronda Last Name:Billerbeck Address:220 4t'Avenue South City. Zip: Kent 98032 Area Code:253 Phone:856-5050 e-mail:rbilierbeck@ci.kent.wa.us Address/Location Venue A:Kent-Meridian HS Perf.Arts Center, County Council District M 13 10020 SE 256h St., Kent and KC Council District Venue B:Mill Creek Canyon Earthworks Park, County Council District M 13 742 E. Titus St., Kent of Primary Activities Venue C:Kentwood HS Perf.Arts Center,25800 County Council District M 12 4Culture/2006-2007 LAA Sustained Support Application l Narrative Statement—Kent Arts Commission 2008-2009 Sustained Support Application i A. What is the organizing structure and what are the mission and goals of your agency? ' The Kent Arts Commission is a municipal government entity that serves as an advisory board to the City of Kent. The 12 volunteer members are appointed by the Mayor, confirmed by City Council and serve the citizens of Kent.The Commission is directed by Cultural Programs Manager, Ronda Billerbeck,and staffed by a Visual Arts Coordinator, an Administrative Assistant and two Program Coordinators from Kent Parks, Recreation& Community Services Department. Our mission Is to provide leadership in establishing cultural opportunities and arts education,to improve the quality of life and enhance the aesthetic environment and to promote Kent as a center for great arts. The goals of the Kent Arts Commission are:to provide access for all citizens to the region's best i performing, literary and visual arts;to support successful collaborations between the Arts Commission, business community, service groups, schools, arts patrons and artists for optimum utilization of artistic resources and talents; to develop the cultural climate of Kent, enhance the community's image and support the growth of the local economy;to promote awareness of the arts as a vital part of our cultural heritage and our contemporary lives; to plan for the acquisition of art by the City in order to expand the opportunity for Kent residents to experience art in public places and to create a more visually pleasing and humane environment. B. What are your primary accomplishments during the last two years? • Kent Arts Commission marked two significant anniversaries in the last two years. The 30t'anniversary of the Commission's founding was celebrated in September 2005; more than 200 people attended a reception. A 25th anniversary celebration for Herbert Bayer's Earthworks at Mill Creek Canyon was held I in September 2007. The event was attended by 300 and included site-specific performances, talks by ' nationally-noted speakers and a reunion of key supporters. •Two successful Spotlight Series seasons stand as achievements in our performing arts program. The 2005-2606 series drew 3,300 people to 15 events. The 2006-2007 series set attendance records, i drawing more than 4,300 people to 14 events. A strong showing of new patrons (46%)combined with returning customers (54%)indicates both a stable and growing audience. In 2007,we implemented a new ticketing system, allowing patrons to purchase tickets on-line and streamlining box-office operations. • One of our public art projects garnered a prestigious national award. Peter Reiquam's"Big Corn"was one of 40 projects selected from a nationwide field of 300 for inclusion in the 2007"Public Art:Year in Review." Other accomplishments included completion of ten major projects and collection maintenance. I Additionally, 19 pieces of portable art were added to the City's collection over the past two years. • Kent Arts Commission began collaboration on Mill Creek Canyon Earthworks construction project. We contracted with the University of Washington Construction/Hydrology Studio to ensure that the internationally renown Herbert Bayer artwork is maintained as Public Works requirements are updated. • Our vibrant gallery program hosted exhibits of local and regional artists, including Danny Pierce: Watercolor and Drawing—the third and final segment featuring retrospective exhibitions of artwork by this acclaimed Kent artist. • In 2006,Arts Commission partnered with Kent Lions Club to bring arts activities to Kent's popular Cornucopia Days summer festival, maximizing funding and efforts to create a high quality event. The collaboration continued successfully in 2007. • Summer Concert Series was expanded from 17 to 20 performances in 2006. Sponsorship from Kent Station brought concerts to this downtown development. A new mobile stage, partially funded by 4Culture,was debuted in 2006 and increased the professionalism of summer concerts and festivals. T • Funding for community-based arts projects by individual artists and organizations continued through our Community Arts Support Program. $17,535 was awarded to 10 recipients in 2006 and 2007. �' • Programs for children and families enjoy strong participation. Four Missoula Children's Theatre residencies engaged 234 children and 1,864 audience members. A total of 3,000 people participated in Kent Kids'Arts Day in 2006 and 2007. Each year, 1,000 ticket vouchers were distributed to low income families,with a record 158 vouchers redeemed in 2007. The 11'h and 12th annual Student Art Exhibits saw 600 students from 23 schools displaying artwork in downtown businesses. A sponsorship from Comcast resulted in Kent's first Outdoor Cinema event in 2007; attended by approximately 400. C. What are the priorities for your community at this time and how is your agency responding? City Council has identified six strategic goals. Our work responds directly to three: Enhancing sense of community, supporting a dynamic and sustainable economy, and becoming a unique urban center. Our programming enhances a sense of community by providing opportunities for youth, and by creating multigenerational and multicultural interactions. Programs for children and families include educational outreach, youth theater residencies, Kent Kids'Arts Day, Student Art Exhibit and children's concerts. We are expanding youth involvement in 2008 by amending Arts Commission bylaws to include a voting youth member. Comprehensive performing arts offerings include more than 50 diverse performances annually. The performances showcase various cultures, are targeted to all ages, and about 50% are free. Implementation of the City Art Program's one-year and five-year plans enhances sense of community by promoting aesthetic beautification and neighborhood identity. Public art projects are located throughout the city,frequently involve residents, and create focal points and gathering places in the community. The Arts Commission helps ensure a dynamic and sustainable economy through cultural tourism. Some of the City's most visible marketing pieces are posters, advertisements and mailings promoting exhibits, performances,festivals and an earthworks tour. Surveys show that 50%of audience members travel from outside Kent. Herbert Bayer's Earthworks at Mill Creek Canyon is an internationally renown artwork that draws visitors from around the world. In 2007,we increased our stewardship efforts in conjunction with the Earthwork's 25th anniversary and In response to proposed changes to the site to comply with current Public Works requirements. We will continue to collaborate with Kent's Public Works Department, serve as a liaison to the international cultural community and ensure that the artwork is maintained. Our programs and projects support the City's goal of becoming a unique urban center. Kent's downtown is experiencing significant growth and the Arts Commission is actively integrating arts and culture to create a downtown that is a destination to live,work, play and shop. In the coming months,the City will open Town Square Park. Arts Commission staff will be responsible for coordinating year-round cultural activities at the plaza,including expansion of summer concerts and festivals. A major public art project will link the site with the new Kent Station development and historic downtown. D. Specifically, how does Sustained Support funding assist you in your efforts? Sustained Support helps the Kent Arts Commission maintain our level of programming and develop innovations to respond to community needs. The funding enables us to leverage support from other grant makers, such as Western States Arts Federation, and to preserve funding from the City of Kent. Maintaining existing funding and securing new sources is increasingly important as we care for our growing art collection and face increases to event production costs that outpace growth in revenue generating opportunities. The 31% increase in Sustained Support funding from 2005 to 2007 made a real impact on our programs, allowing us to improve the quality and visibility of programs. During the 2006- 2007 season,we presented such artists as Ladysmith Black Mambazo,The Peking Acrobats and blues legend Charlie Musselwhite. Sustained Support funding also provide a safety net that allows us to take risks in presenting emerging artists and art forms that build audiences and serve unique interests. Lingo dancetheater presented contemporary dance as part of our 2006-2007 season and Indian slide guitarist Debashish Bhattacharya will perform in 2008. Name of Organization: City of Kent Arts Commission Fiscal Year Ends: Dec.2007 ACTUAL ACTUAL CURRENTBUDGET FINANCIAL FY 2004-05 FY 2005.06 FY 2006.07 1 Arts Program Expenses: For organizations using calendar year budgets,use 2003,2004,2005&2006. 2 Personnel: 3 Artistic permanent 0 0 0 4 temporary 224,001 218,998 196,066 5 Production permanent 0 0 0 6 temporary 27,340 27,262 22,901 7 Administrative permanent 393,112 415,332 434,788 8 temporary 17,025 10,127 15,414 9 Education permanent 0 0 0 10 temporary o 0 0 11 Production/Exhibltion expenses 25,549 21,785 30,623 12 Marketing/Promotion expenses 114,716 135,981 154,357 13 Fundraising expenses 0 0 0 14 Education expenses 4,109 4,955 7,723 15 Occupancy expenses(mortgage/rentlutilities) 14,217 22,855 15,922 16 Administrative expenses 117,481 84,919 94,523 17 Subtotal :95l}::' .2;1 A:;:: . 1;231;} : 18 In-Kind expenses(must=Inkind Contributions) 27,423 21,116 19,169 19 TOTAL ART PROGRAM EXPENSES ::9$4;97$:::': : ::$•63:i:33p::: :•1tJi:4$'6:: 20 Revenue Sources (Earned): 21 Box Office/Admission 71,354 67,665 41,457 22 TuitionNVorkshops 18,162 17,129 15,230 23 Sales/Concessions/Rentals 28,415 30,709 12,675 24 Interest&Earnings(savings,reserves,etc.) 0 0 0 25 Other Earned Income 0 0 0 26 TOTAL EARNED REVENUE •:*i'7*-;.9:3i'-:* :ii5:i:503:::: 9 352 . 27 Revenue Sources (Contributed): 28 Federal Government :o: :o: :0:•: 29 State Government 10,361 6,000 6,000 30 4Cutture 8,300 23,915 23,000 31 City Government 771,615 764,104 860,355 32 Corporations 19,475 23,608 11,600 33 Foundations 7,500 6,500 0 34 Individuals 2,368 2,584 2,000 35 Fundraising Events(❑Net or❑Gross Income?) 0 0 0 36 Misc.contributions 0 0 0 37 SUBTOTAL CONTRIBUTED INCOME :at'3;• t�: 38 In-Kind Contributions, 27,423 21,116 19,169 39 GRAND TOTAL INCOME ::3F;9:r:97 :�:$3:;•33'0':' :99.i 4$'6 PERSONNEL 40 Arts Program Personnel: 41 #of Artistic permanent 0 0 0 42 temporary 252p/881v 289p/854v 329p/572v 43 #of Production permanent 0 o t) 44 temporary 3p 3p 3p 45 #of Administrative permanent 5p 5p 5p 46 temporary 3p 3p 3p 47 #of Education permanent 0 0 0 48 temporary 0 0 0 4Cutture/2006-2007 LAA Sustained Support Application Page 4 NOTES Name of Organization: City of Kent Arts Commission Fiscal Year Ends: Dec.31,2007 If more room Is needed, copy this form and attach additional sheets. Line Item / Year Note 8 2006 40% decrease in temporary Admin. staff from 2005 to 2006 and 52% increase from 2007 2006 to 2007. 2005 actual and 2007 budget amounts are higher because both years reflect funding for a fall intern,which we did not employ in 2006. 11 2007 41% increase in production expenses from 2006 actual to 2007 budget. Conservative spending In this area keeps our actual costs lower than the budgeted amount 14 2007 56% increase in education expenses from 2006 actual to 2007 budget. Conservative spending in this area keeps our actual costs lower than the budgeted amount. 15 2006 61% increase in occupancy expenses from 05 to 06 is due to: 1) increased#of 2007 performances for which we rent school district theaters, &2)increase in district fees. 31% decrease in 07 because 07 budget'does not yet reflect rate increases. 16 2006 27%decrease in 2006 administrative expenses. 2005 actual was higher because some city postage was charged to Arts Commission budget in error. 21 2007 39%decrease between 2006 Box Office/Admission actual and 2007 budget amount. We budget conservatively and, as a result, actual amounts often far exceed budget amounts. 23 2007 59% decrease between 2006 actual and 2007 budget In the area of sales/concessions/rentals is due to a transistion between summer festivals--our new festival has fewer opportunities for revenue in this area. 29 2006 42%decrease in WSAC funding between 2005 and 2006 Is due to the fact that we received a one-time First Step education grant(in addition to OSP funding)in 2005. 30 2006 188% increase in 4Culture funding between 2005 and 2006 is due to the fact that we received a one-time cultural facilities grant in 2006. 32 2007 51%decrease between 2006 actual and 2007 budget In the area of corporate revenue. We budget conservatively and, as a result,actual amounts often exceed budget amounts. 33 2007 No foundation funding in 2007 budget--Received WESTAF funding for 2006 part of 2006-2007 season and for 2008 part of 2007-2008 season. 4Culture/2006-2007 LAA Sustained Support Application Page 5 CompletedEVENTS-Most Recently Year Name of Organization: City of Kent Arts Commission Events for Year Ending: Dec.2006 Events -Programs -Services MOST RECENTLY COMPLETED Year' Name or Title ' Dates #of Events I' Attendance I Month(Year Days Location I Venue #Served SPOTLIGHT SERIES PERFORMANCES Theater Simple's Big Time&52 Pickup 1/7/06 2 Kent-Meridian HS PAC 154 Cantabile 2/3/06 1 Kent-Meridian HS PAC 147 Jeni Fleming Acoustic Trio 2/10/06 1 Kent-Meridian HS PAC 51 Terrance Simien&the Zydeco Experience 2/28106 1 Kent-Meridian HS PAC 175 Sara Kasi African Acrobats 3/16106 1 Kentwood HS PAC 178 Tomas Kubineck 3/25/06 1 Kent-Meridian HS PAC 257 Kathy Mattea 412/06 1 Kentwood HS PAC 388 Carmona Flamenco 4/8/06 1 Kent-Meridian HS PAC 151 Big Band Broadcast 9/30/06 1 Kentwood HS PAC 297 Lingo dancetheater"Relatively Real" 10/7/06 1 Kent-Meridian HS PAC 83 Keola Beamer 12/2/06 1 Kentwood HS PAC 470 Magical Strings Celtic Yuletide Concert 12/10/06 1 Kent-Meridian HS PAC 359 SPOTLIGHT SERIES OUTREACH Theater Simple workshop 1/7/06 -1 Kent-Meridian Drama Class 31 Cantabile Workshop/Student Rehearsal 2/3/06 1 Kent-Meridian Choir Class 14 Terrance Simien"Creole for Kidz"Assembly 2/28/06 1 East Hill Elementary 520 Lingo dancetheater Choreographer Salon 9/25/06 1 Arts Commissioner home 25 Keola Beamer hula and guitar workshops 12/2/06 2 Kent Senior Activity Center 37 Missoula Children's Theater Residencies Mar/July 06 11 Glenridge Elem.and KMHS 1,203 Summer Concert Series Jul-Aug 06 20 4 outdoor locations in Kent 7,375 FESTIVALS WITH ART COMPONENTS Kent Kids'Arts Day 314/06 1 Kent Commons 1,500 Kent's Fourth of July Splash 7/4/06 1 Lake Meridian Park 16,000 Kent Cornucopia Days(Art Elements) 7114-16106 3 Downtown Kent 100,000 Kent Parks Halloween Party 10/28/06 1 Kent Commons 1,000 VISUAL ART EXHIBITS Kent Student Art Exhibit 3113-24/06 12 Downtown Kent 1,500 City Hall Gallery Exhibits Jan-Dec 2006 12 City Hall Gallery 2,500 Centennial Center Gallery Exhibits Jan-Dec 2006 6 Centennial Center Gallery 4,800 OTHER Grants to Artists&Organizations multiple 10 various 15,000 Public Art:On-going dev.&maintenance Kent Arts Newsletter 3 issues/year n/a n/a 5,500 E-newsletter 10/year n/a n/a 2,500 TOTAL ATTENDANCE 162,215 4Culture/2006-2007 LAA Sustained Support Application Page 6 EVENTS-Current Year Name of Organization: City of Kent Arts Commission Events for Year Ending: Dec.2007 ' 40 4 REPj�T - A,�0MP ET ED. a a.� 4WAl ,,M M AR ar,�, 'SPOTLIGHT SERIES PERFORMANCES The Peking Acrobats 1/12/07 1 Kentwood HS PAC 485 Ladysmith Black Mambazo 1/21/07 1 Kentwood HS PAC 475 Charlie Musselwhlte 2/3/07 1 Kent Merldlan HS PAC 289 Wylie& he Wild West 7 107 1 Kentwood HS PAC 376 Tangoheart 2/14/07 1 Kent-Meridian HS PAC 297 Karla Bonoff 3/9/07 1 Kentwood HS PAC 259 Reilly&Maloney 3/24/07 1 Kent-Meridian HS PAC 330 Hobey Ford's Golden Rod Puppets 417/07 1 Kent-Meridian HS PAC 102 The Persuasions 9/22107 1 Kentwood HS PAC 121 Complete Works of Shakespeare(Abridged 1016/07 1 Kent Meridian HS PAC 121 Jake ShlmabukUro 10/11107 1 Kentwood HS PAC 268 T.S.Monk and Rachael Price 10/17/07 1 Kentwood HS PAC 36 Cherryholmes 10/28/07 1 Kentwood HS PAC 138 Magical Strings Celtic Yuletide Concert 12/9/07 1 Kent-Merldlan HS PAC 350 Santaland Diaries 12114/07 1 Kent-Meridian HS PAC 200 Missoula Children's Theater Residencies Mar/Jul 07 9 Glenrldge Elam&KMHS 1,058 Summer Concert Series Jul-Aug 07 20 4 outdoor locations in Kent 6,975 FESTIVALS WITH ART COMPONENTS Kent Kids'Arts Day 3/3/07 1 Kent Commons 1,500 Kents Fourth of July Splash 7/4/07 1 Lake Meridian Park 18,000 Kent Cornucopia Days(Art Elements) 7/13-15/07 3 Downtown Kent 100,000 Kent Parks Halloween Party 10/27/07 1 Kent Commons 1,000 VISUAL ART EXHIBITS Kent Student Art Exhibit 3/12-23/07 12 Downtown Kent 2,000 Centennial Center Gallery Exhibits Jan-Dec 2007 6 Centennial Center Gallery 5,000 OTHER Grants to Artists&Organizations multiple 9 Various 2,800 Public Art:On-going dev.&maintenance Kent Arts Newsletter 3 Issues/year n/a n/a 5,500 E-newsletter I 0/year n/a n/a 2,500 TOTALATTENDANCE • 150,182 4Culture 12006-2007 LAA Sustained Support Application Page 7 5. Final Checklist and Signatures Your complete application packet should include the documents below in the following order: APTCATION [� Application Cover Page,page 1 This is the first page of the application,which includes contact information for your organization. ar/Narrative Statement, page 2-3 This isan attachment,not to exceed 2 pages,which addresses the four questions listed in the application. lid Financial and Personnel Information,page 4-5 This is an Excel sheet embedded In the application.Complete and print out both the Financial and Personnel Information worksheet, and the Notes worksheet. Ca/ Events, page 6-7 ' This Is an Excel sheet,also embedded In the application.Complete and print out both the Events One and Events Two worksheets. Wrk Signature Page,page 8 This is the last pag6 of the application,which includes this final checklist and the place below for the signature($)of an authorized representative of your organization,and a representative of your municipal leadership,if applicable. *Include one signed original application,and ten double-sided copies,all three-hole punched and paper-clipped, NOT STAPLED, in your application packet. E-M APPLICATION WORD AND EXCEL ATTACHMENTS , E-mail electronic copies of application Word and Excel pages 1-7 to charlie.rathbun(cD4cuiture.org Please include "Sustained Support Application"in subject line of your e-mail. ORG9NIZATIONAL PAPERWORK t 4' Copy of municipal legislation creating your organization or IRS determination'letter of non-profit status q/Llst of Commission,Arts Council,or Board members *Include just one copy of each of the pieces of organizational paperwork,paper-clipped,NOT stapled or three-hole punched. ADDITJ,ONAL SUPPORT MATERIALS M/ These might include a current season/program brochure,and a sampling of past program brochures and reviews. *Include just one copy of additional support materials,NOT stapled or three-hole punched. Signatures Each signatory declares that s/he is an authorized official of the applicant organization or individual representative,is authorized to make this application,and will assure that any funds received as esult of this application re used only for the pur oses set forth herein. Y007d,11 Signature�o_;pplic nt Director ZVI K 1.42711f;7 igIJnature o�' unl al Leadership B. j Page 8 4Culture/2006-2007 LAA Sustained Support Application , 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 per 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: VIII, or, if not rated with Best's, with minimum surpluses the equivalent of Bests'surplus size VIII. 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. Kent City Council Meeting Date August 5, 2008 Category Consent Calendar - 6G 1. SUBJECT: S. 277TH STREET GREEN RIVER DETENTION POND PROJECT - ACCEPT AS COMPLETE ' 2. SUMMARY STATEMENT: Accept the South 277th Street Green River Detention Pond Project as complete and release retainage to Rodarte Construction, upon standard releases from the state and release of any liens. The original contract amount was $187,647.00. The final contract amount was $217,809.23. The project ran over the original estimate due to unforeseen underground water and erosion caused by rain. Additional work was required, including installation of a drainage by-pass system, pumping of the pond to overcome unforeseen ground water, and the addition of jute matting to mitigate against rain caused erosion. 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 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Kent City Council Meeting Date August 5, 2008 Category Consent Calendar - 6H 1. SUBJECT: 228TH STREET BURLINGTON NORTHERN SANTA FE GRADE SEPARATION PROJECT EASEMENT - GRANT 2. SUMMARY STATEMENT: Authorize the Mayor to grant an easement upon City right-of-way to Stevenson, LLC, for the purpose of parking and access as part of the South 228th Street Burlington Northern Santa Fe Grade Separation Project, upon concurrence of the language acceptable to the City Attorney and the Public Works Director. The area behind the wall is currently unusable and therefore a small portion of it could be used for the purpose described. 3. EXHIBITS: Public Works Memorandum 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 7 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director 40* Phone: 253-856-5500 • Fax: 253-856-6500 KENT W A 5 H I N G T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 13, 2008 To: Chair Debbie Ranni9 er and Public Works Committee Members PW Committee Meeting Date: July 21, 2008 From: Mark Madfai, Project Engineer Through: Larry Blanchard, Public Works Director Subject: Easement upon City Right of Way to Stevenson LLC -2281h St BNSF Grade Separation Project Move to recommend Council authorize the Mayor to grant an easement upon City Right of Way to Stevenson LLC for the purposes of parking and access as part of the South 228th Street Burlington Northern Santa Fe Grade Separation Project, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: As part of construction of the South 2281h Street Burlington Northern Santa Fe Overpass project, a wall will be constructed along the frontage of the Stevenson LLC property currently occupied by Rexam Can. Presently they access a bay door for oil deliveries off of South 228th Street. This access will no longer be available once the wall is constructed. Therefore, the City is providing access along the frontage of the building to access the bay door from the driveway on 2nd Avenue North west of the building. In order to provide adequate room to maneuver trucks into the bay door the Stevenson LLC Property will have to cross City right of way (ROW) behind the future wall. An easement on City ROW is necessary to provide the property owner with legal access to maneuver trucks and allow for parking in the area behind the wall. This area, behind the wall is currently unusable and therefore a small portion of it could be used for the purpose described herein. U.\PWCommlttee\ActlonPage\2008\07 21 08\S 2281°BNSF Overpass Project Easement to Stevenson LLC Rexam.doc 9 o oo+c oo+z o 2ND AVE. S. o UV1 T 1 � 1 ` 1 0 m00 C/) in \ 0 1 a \ 's FqNow \ f 1 1 46 \ 1 1 e! 49 wi u rmeskoomo 213dsgn.dwg, 7/11/2008 2:34:30 Pl�ll 10 AFTER RECORDING MAIL TO: ' Property Management City of Kent 220 4th Avenue South Kent, WA 98032 Reference Number of Related Document: FA No. DEMO-1216(001) ' Grantor(s): City of Kent Grantee(s): Stevenson/Kent Property LLC ' Abbreviated Legal Description: Ptn. SW'/4 NEI/a 13-22-4 Additional Legal Description is on Page(s) 4 of Document Assessor's Property Tax Parcel No.: 132204-9183 Project: S. 228t" Street Grade Separation at BNSF Railway Title No.: 553879 EASEMENT THIS INSTRUMENT made this day of ,20 by and between CITY OF KENT, a municipal corporation, herein called `Grantors" and Stevenson/Kent Property LLC, a Washington limited liability company, hereinafter called "Grantee": WITNESSETH: That said Grantors for and in consideration of mutual benefits ' derived do by these presents convey unto the said Grantee an easement for parking and access purposes over, across and upon the following described property situated in King County, Washington, more particularly described as ' follows: Refer to Exhibit "A" attached and made a part hereto. ' Grantee shall have the right to park vehicles upon the easement area and shall have the right to pave and stripe the easement area for parking purposes. Grantor shall retain the right to construct underground utilities or other improvements as may be needed beneath the surface of the parking easement Page 1 of 5 11 ' area, provided, however, that Grantor shall give Grantee 30 days written notice t before commencement of any such construction. Grantor shall restore pavement within the easement area (if any) upon completion of any such , construction. Grantee shall defend, indemnify and hold Grantor harmless from any and all claims or damages arising from, out of, or in connection with this Easement, as a result of any negligent act or omission to act by Grantee, its employees, agents, or contractors. Grantee shall not assign, apportion or otherwise transfer any or all of its rights, benefits, privileges or interests arising in and under this easement without first ' obtaining the prior written consent of Grantor. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. Dated this day of , 20 ' GRANTOR: CITY OF KENT, a municipal corporation BY: Mayor Page 2 of 5 12 STATE OF WASHINGTON )SS ' COUNTY OF KING ) On this day of , 20 , before me the undersigned, a Notary Public in and for the State of Washington, duly ' commissioned and sworn, personally appeared to me known to be the Mayor of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, and for the uses and purposes therein mentioned, and on oath stated that is authorized to execute the said instrument and that the seal affixed is the corporate seal of said municipality. ' WITNESS my hand and official seal hereto affixed the day and year first above written. Print Name: Notary Public in and for the State of Washington, residing at My Commission Expires Page 3 of 5 13 ' E r xhibit A Private Access Easement , Tax Parcel 132204-9183 Title Order No. 553879 That portion of the north 50.00 feet of the southwest quarter of the northeast quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: ' BEGINNING at the northwest corner of Tract "A", as shown on the plat of Kent Valley Industrial Park, as recorded in Volume 97 of Plats, pages 30 through 35, , records of said county; thence N88036'38"W, along the south line of the north 50.00 feet of said subdivision and the south line of said South 228t" Street, 285.28 feet; thence N01°23'22"E 10.00 feet; thence S88036'38"E 111.86 feet; , thence N89053'29"E 173.48 feet to a point that bears NO 023'22"E from the POINT OF BEGINNING; thence S01 023'22"W 14.54 feet to the POINT OF BEGINNING. , wa r•� (�, � Fi E.1 ' r.,E L Lei✓ � ',,�' �y. �w m�IN",1.4.�1T�� 1553879 Page 4 of 5 14 i I ———_�_�._p—r-- — --. -'-- -_— 0 S. 228th STREET 36+00 37+00 Ln ---i—— T _T_ 38+00 39+00 ENTERLINE f --'— N88'36'38"W 25.93' Z 88'3,6'3E 111. 6' N89'53 "E 58' / N 8'36 38 W f — 285.28' Q N1'23' 2"E- N1'23'22"E / 3246 S.F. PRIVATE 1 10.00' ACCESS EASEMENT 14.54 N EXISTING R/W 1 REXAM BEVERAGE CAN AMERICAS ' w� 'I 1220 2nd AVE. N. I I i TAX ID 132204-9183 � r i 1 � 1 � i 1 PRIVATE ACCESS EASEMENT KENT T.L. 1322404-9183 WASHINGTOM Page 5 of 5 CITY OF KENT SCALE = 60' °`"ieR ENGINEERING DEPARTMENT DATE 5-28-08 B. Kent City Council Meeting Date August 5, 2008 Category Consent Calendar - 6I 1. SUBJECT: LID 359, 116TH AVENUE STREET & UTILITY IMPROVEMENTS (KENT-KANGLEY ROAD TO SE 256TH STREET) FINAL ASSESSMENT ROLL - SET PUBLIC HEARING DATE 2. SUMMARY STATEMENT: Set September 16, 2008, for the Public Hearing on the confirmation of the Final Assessment Roll for LID 359. With construction nearing completion, the City is ready to finalize the LID. The total final assessment of $1,331,231.69 is less than the preliminary assessment of $2,015,197.59. 3. EXHIBITS: Public Works Memorandum 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • KEN T Phone: 253-856-5500 W A H I NGTON Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 1, 2008 To: Chair Debbie Ranniger and Public Works Committee Members PW Committee Meeting Date: July 21, 2008 From: Mark Howlett Design Engineering Manager Through: Larry Blanchard, Public Works Director Subject: L.I.D. 35 - 1161h Ave S.E. Street and Utility Improvements (Kent Kangley Road to S.E. 256th Street) IMove to recommend Council authorize the Mayor to set September 16, 2008 for the Public Hearing on the confirmation of the Final Assessment Roll for ' L.I.D. 359. Summary: This project was on the City's Six Year Transportation Improvement Program and was known as the South 277th Corridor Extension. This section of 116th Avenue was part of the 277th Corridor which had not yet been fully improved to City standards. City Engineering staff competed for a state grant to help pay for the costs and were ultimately successful in obtaining a $1.945 million dollar grant for the project. During the process of negotiation with the property owners in this area to acquire right of way, it became evident that nearly all of the property owners wanted to either sell their property to a developer or redevelop the property themselves. To develop individual properties a developer would have to install the necessary sanitary sewers, storm sewers, water lines, storm water detention and build typical street frontage improvements similar to what you would see in other private residential developments throughout the City. ' The grant the City obtained could not be used for the utility extensions that would benefit individual private properties, but only for the general roadway. Because the properties requested these utility extensions to their private property to allow 1 development to occur, the City investigated the best way for the property owners to finance the added cost and recommended a local improvement district. One of the property owners circulated a L.ID petition and collected signatures from a number of property owners. The Resolution of Intent #1728 was passed b City Council on August 1 2006 P Y Y 9 which set the hearing date for September 5, 2006. Only six property owners spoke ' in opposition of the L.I.D. formation and nobody submitted a protest. Various IP IPub(icL4dmmSuptBethlPWCommtteeL4cttonPagedoc others spoke in favor, therefore, City Council passed Ordinance No. 3808 forming the L.I.D. and ordering the construction of the improvements. The project construction was done with two construction contracts both awarded to ' Rodarte Construction, Inc The first was for the joint utility trench for the under grounding work and the second was for the remainder of the road and utility work. , Summary: The construction is near completion and we are ready to finalize the L.I.D. The total final assessment of $1,331,231.69 is less than the preliminary assessment of $2,015,197.59. For additional information and details about this project and L.I.D., see Attachment W. Proposed LID 116"AveIPWCommuteeUcaonPage doc , ATTACH M ENT "A" BACKGROUND / HISTORY OF LID 359: For sometime the City planned to widen 116th Avenue SE between Kent Kangley Road and S. 256th Street. The project was on the City's Six Year Transportation Improvement Program and was known as the S. 277th Corridor Extension. This section of 116th Avenue was part of the 277th Corridor which had not yet been fully improved to City standards. Traffic studies show that traffic demand will continue to increase on this section of 116th Avenue. The roadway facilitates traffic from SE 256th Street to the previously improved portion of the 272"d Street Corridor south of Kent Kangley Road. The project widened the street from two lanes to five and included curb, gutters, sidewalk, a new storm water system, a new street illumination system, and undergrounding of the overhead power and telephone wires. Also included was widening on Kent Kangley Road near the intersection with 116th Street. City Engineering staff competed for a state grant to help pay for the costs and were ultimately successful in obtaining a $1.945 million dollar grant for the project. To complete the project the City needed to widen the right-of-way to accommodate the wider roadway. Following a typical process the City hired an outside appraiser and property negotiator to acquire the strips of private property needed adjacent to the roadway. During the process of negotiation with the property owners in this area to acquire these property strips, it became evident that nearly all of the property owners wanted to have sewer service installed, and again nearly all of the property owners wanted to either sell their property to a developer or redevelop the property themselves. To develop individual properties a developer would have to install the necessary sanitary sewers, storm sewers, water lines, storm water detention and build typical street frontage improvements similar to what you would see in other private residential developments throughout the City. The grant the City obtained cannot be used for the utility extensions that would benefit individual private properties, but only for the general roadway. Because the properties have requested these utility extensions to their private property to allow development to occur, the City investigated the best way for the property owners to finance the added cost and recommended a local improvement district. One of the property owners circulated an L.I.D. petition and collected signatures from a number of property owners. In addition, there were two other parcels which have signed L.I.D. no protest covenants for street improvements. The cost of adding the utilities and extending the sewer, water lines, and street frontage improvements was estimated. Information was sent to all of the property owners within the proposed L.I.D including the project description, L.I.D. information and the proposed assessment. Subsequently, we met individual) with all but three of the property owners which Y P P Y declined the invitation. Nearly all of the property owners expressed interest in developing their property or eventually selling to a developer. During these ' Proposed LID 116'"AwWWCommnteeW caonPage doc meetings we discussed the potential for development of each property owners property and the need for street and utility improvements to allow development to occur. An individual property owner could extend the sanitary sewer to their property and pay the full cost up front, however, for most cases this would not be economically feasible. With the L.I.D. everybody serviced shares in the cost. It also made sense to install the utilities prior to the street construction to avoid cutting the new street and the associated extra costs at a later date. The City obtained grant funding and had other funds to reduce the cost of the street improvements. Including the L.I.D. improvements in the City project increased the economy of scale as larger projects usually receive better prices which also reduces the cost. Also, the L.I.D. provides a 15 year payment plan at a low rate of interest. The response to the proposal was very positive and subsequently the L.I.D. was formed. The Resolution of Intent #1728 was passed by City Council on August 1, 2006 which set the hearing date for September 5, 2006. Only six property owner spoke in opposition of the L.I.D. formation and nobody submitted a protest. Various others spoke in favor, therefore, City Council passed Ordinance No. 3808 forming the L.I.D. and ordering the construction of the improvements. L.I.D. IMPROVEMENTS FOR 116! AVE SE Roadway: The roadway improvements included widening to 5 lanes ( 2 lanes each direction with a center turn lane), bike lanes, curb and gutter, sidewalk, channelization, signing, storm drainage and detention, street lighting, street trees and undergrounding of overhead power and telephone wires. These improvements include the roadway frontage improvements typically required for development. A small share of the total project cost is assessed to the frontage properties. Sanitary Sewer: The project consisted of installing an eight-inch diameter sanitary sewer collection system complete with manholes. Six-inch diameter side sewer stubs from the main line to the property lines at the street were also included. For properties where future multiple connections were anticipated, the appropriate number of stubs are , included. Where there was anticipated significant future development, an eight inch stub was included. The sanitary sewer is 100% L.I.D. funded. Water: j A City water main is already located within 116th Ave SE and the existing houses were already connected, however, for future development of the properties, , additional connections to the water main will be required. To avoid cutting the new street, stubs and services to accommodate future development were installed to the edge of the right of way. This work included one inch service lines with meter box and setter for anticipated future lots or where required, an eight inch stub for a future main extension. The new stubs and services are 100% L.I.D. funded. Proposed LID 116'h Ave4PWCommwe"chonPage doc , NEED FOR THE IMPROVEMENTS: The L.I.D. improvements are needed for development as discussed above. In addition, sanitary sewer is needed for other reasons. The project area is an older residential area with septic systems. All residential lots except one have homes. It is not known how many existing septic systems were technically in a state of failure if any. However, we did receive input regarding septic problems. Due to the age of the septic systems and the potential for problems, the sewer is a desirable improvement, particularly with the adjacent creek. Usually it is difficult and expensive to repair septic problems, especially with today's stricter standards. Sanitary sewers are usually the only feasible, economical and long term method for addressing these potential problems, especially when numerous property owners in a neighborhood support sewer installation as was the case with this project. ' The Department of Public health has told us that the life expectancy of a septic system is twenty to thirty years depending on use and maintenance and that they are a short term disposal method until public sewers become available. These homes were built in the 1950's and 1960's, with some being older, therefore the project area has exceeded this time frame. These systems are at or are near the end of their useful life. The cost of septic repairs may also be as high as converting to public sewers. The latest state codes make septic repairs more difficult and expensive than in the past. The soil type within the project area is rated poor for septic system use. According to the Soil Conservation Service (US Dept. of Agriculture) soil survey for King 1 County, the soil type as mapped is rated "severe limitation" (worst case) for septic drain fields. The soil series is designated as Alderwood gravelly sandy loam. This soil exhibits very low permeability below a depth of 24 to 40 inches and has a seasonal high water table less than 4 foot depth. Effluent and drainage move laterally over the shallow imperious layers. Effluent may come to the surface resulting in odor. In addition to the need for sewers in this area to replace the old septic systems, there are environmental concerns. Septic systems are a threat to water quality, fish and wildlife and public health within the drainage basin for this area. A stream tributary to Soosette Creek runs through the project area. There is also a wetland along one portion of the stream and another wetland on the other side of 116th. ISeptic seepage and runoff can degrade water quality in the stream and wetlands. TOTAL PROJECT COST: Preliminary Estimate dated 5/11/06 $7,159,642.98 Final Cost Estimate $7,078,755.41 Proposed LID 116"Awe PWCommilleeWchonfte doc L.I.D. FUNDING: L.I.D. ASSESSMENT PRELIMINARY FINAL COMPONENT ASSESSMENT ASSESSMENT Street 410 391.97 $446,013.18 Sanitary Sewer 1 266 911.13 $751,318.89 Water Services & Stubs 163 726.04 $133 899.62 Storm Detention 174 168.45 1 $0 ` TOTAL 2,015 197.59 1 $1 331 231.69 There is one City property (#9) within this L.I.D. with a final assessment of $39,710.22. METHOD OF ASSESSMENT: The assessment for each component of the L.I.D. was distributed to the benefiting properties as follows: Street: These costs were distributed by square footage using a modified zone and termini method. The assessment rate decreases with each 100 foot zones back from the street frontage to the rear of the property. For this project there are up to 7 zones. The zone rate for the first 100 foot strip of each parcel is seven times the rate of the seventh zone from the frontage, the second zone from the frontage is six time the rate of the seventh zone and so on. Parcels #17, 18 and 19 are located on Kent Kangley and were not assessed for the widening of 116"' Most of the property within this L.I.D. is zoned single family (SR6 and SR8). Due to ' the different densities of single family and the fact that the benefit relates to the number of developable lots that can be obtained, the single family property assessments were calculated based on the number of developable lots. Each parcel was reviewed to determine the minimum number of lots that could be obtained through a short plat or full plat. The total cost from the zone and termini distribution for all of the single family zoned properties was distributed on a per potential lot basis. The assessment for three other parcels zoned multiple family (MRM) and office-mixed use (O-MU) are per the zone and termini calculation. ' Sanitary Sewer: These assessments were calculated in the same manner as the street assessments described above. One property (#7) already had sewer service and was not assessed. Water Stubs: Each property is assessed for the actual cost for the number of new one inch or two inch water services or for an eight inch stub from the existing water main to the property as required to fully develop the parcel. Parcels #7, 10, 18 and 19 were not assessed for water as they already have access and service for the potential number of lots. Storm Detention: Originally assessment numbers 8 and 9 were assessed a share of the cost to build the projects detention pond. The pond was sized to handle the additional water. This would eliminate the need for on site ponds on these properties. No other properties can gravity into the City pond, therefore, they were not assessed. Due to wetlands on numbers 8 and 9, the number of potential lots Proposed LID 116"AveIPWCommitteA4cnonPage doc has been reduced. For the smaller number of lots, detention will not be needed, therefore the detention assessment was eliminated for the final assessment roll. PAYMENT OF ASSESSMENTS: Following Council passing the Ordinance confirming the Final Assessment Roll, there is a 30-day period in which any portion or all of the assessment can be paid without interest charges. After the 30-day period, the balance is paid over a fifteen-year period wherein each year's payment is one-fifteenth of the principal plus interest on the unpaid balance. The market determines the interest rate at the time the L.I.D. bonds are sold to the public. CHANGES SINCE PRELIMINARY ROLL: Several changes have been implemented since the L.I.D. was formed. 1. Assessment #3 (Lawyer) was reduced from 3 lots to 2 lots. 2. Assessment #8 (Kangas) submitted a wetland delineation which was approved. Due to the wetland and buffer, only 3 lots can be developed instead of the 10 used for the original assessment. The final assessment is based on 3 lots. With only two potential additional houses, detention is not required. The detention assessment was deleted for the final assessment. The preliminary assessment for water was not based on lots. It was based on the actually cost of the stubs received. For assessment #8 an 8 inch water stub was originally planned to service the 10 lots. However, with the reduction in lots, this stub isn't needed, although it was constructed. The assessment was revised to reflect the cost for 2 standard 1" services as installed elsewhere on the project. With the 2 new services in addition to the existing service for the original house, 3 houses can now be serviced. 3. Assessment #9 (City of Kent, originally Myers) also contains a wetland which was delineated. The number of lots was revised from 5 to 2. The water stub was changed prior to construction and the final assessment is based on 1 new standard 1" service. With only one potential additional house, detention is not required. The detention assessment was deleted for the final assessment. 4. Assessment #11 (Lam) submitted a proposed development plan which showed 4 lots instead of 3. We agreed that 4 lots could be developed. Additional stubs were added to accommodate 4 lots. The final assessment was calculated based on 4 lots. 5. Assessment #12 (Duma) received a sanitary sewer connection. Prior to repaving the driveway, the sewer connection from the existing house to the side sewer stub was installed as part of the project. This cost is in addition to the basic sewer assessment and the cost was added to the assessment for #12. 6. Assessments #15 and #16 (Hurley and Basmajian) executed a lot line adjustment. The final assessments were revised to reflect this change. The originally planned 8" water stub to service both of these lots now only services #16. A 2" service was added to service #15. Proposed LID!16"AveIPWCommitteeActbonPage doc Kent City Council Meeting Date August 5, 2008 Category Consent Calendar - 6J 1. SUBJECT: 108TH AVENUE TOWNHOMES BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the 108th Avenue Townhomes for 1 watermain gate valve, 22 linear feet of watermain, 1 sanitary sewer manhole, and 175 linear feet of sanitary sewer. The project is located at 10715 - 10727 SE 242"d Street. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: '' Bill of Sale • Page 1 of 1 KEN T - WAeHINOTON MAII.TO: ENGMBER NG DEPARTMENT ATTN: 220 4 AVENUE SOUTH RENT,WASHMGTON 92032 Pa"zm, (saki• Ax TowNhoµcc LOCATION: tos-K Ave sE TAX ACCT NO: BILL OFSALE CITY OF lum KING COUNTY,WASMNGTON between ffi8 INSTRUMENT made this_ A • day of M 20. M -,,,by and Sc tieiDRiZ OoKeg fy 1-�—._ hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington,haeWatter celled"Grantee": WITNESSETH: That the said Grantors for a valuable cousider ion,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATRBMATNS; together with a total of t gate valves at sM0_ oach, hydrants at s each and/or any other appurtenances thereto. ON Ie)VI A" -' BRoM WMeg µAfN(IOB"OL)TQ Doubie ckcck Afvc Ate. (street,semi,etc) Including linear feet at s 26.04 per LF of ge (size 8t type) waterline. B. a Rs; Together with a total of 1 manholes at $_ 194D:o0 oath and/or any other appurtenances thereto. P-Nd DOC.Sm4&xwDARyn= 10%4L Ave SE TO (street,esmt,etc) LiwE Including 1'4 5 linear feat at s 25.00 per LF of PVC (size&type) S r sewer line. C. AM=. Together with sorbs,gutters,sidewalks,mod/or any othesr appurtenances thereto. ON FROM MO (street,esmt,etc) Including centerltne LF at S per LF of (type)streets, Beat asphalt roadway. D. aam SEWERS: Together with a total of manholes at 5- each or a total of catch bodies at$ each, LF of bloMtration Swale or drainage ditch with a total cost of$ Page i of 1 IIill of Salo , Bill of Salo Page 2 of 2 CF of detention pond storage with a total cost of$ ,and/or any other appurtenances thereto. ON FROM TO (street,eamt,etc) Including linear feet at$ per LF of (size&type) I sewer Una. To have and to hold the same to the said Grantee,Its successors and assigns forever. The undersigned hereby covenants that it Is the 1awAd owner of said property;and that"the same Is free from all encumbrances;that all bills for labor and material have been paid;that It has the right to sell the same aforesaid;that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successor and assigns to Incorporate said utilities in its utility system and to maintain them as provided In the applicable City Ordinoaces. IN WITNESS WHEREOF,t-undersigned has caused this instrument to be executed on this day of tv tL Ntf�S �k- STATE OF WASHINGTON ) . )SS COUNTY OF KING ) On this day of .20 .before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personally appeared to we known to be the Individual described In and who executed the foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as hhiter free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and offieW seal this day of 20 Notary Public in and for the State of Washington,residing at My Commission Expires: • i STATE OF WASEIINGTON ) AS COUNTY OF KING,.�t ) On this 14; day of before me,the undersigned,a Notary Pubgp in Cud fort a Sta a of Washington,duly commissioned and sworn,personally to me known to be the r. *Md-, respectively of the �r0kt that executed the foregoing instrument,3y9d acknow dgod the said instrument to be the free and voluntary act snd deed 619� for the uses and purposes therein mentioned,and on oaths �d that they are authorized to execute the said Instrument. Page 2 of 2 _ Bill of SAID 1 r 1 Bill of Sale Page 3 of 3 Witness my hand and aMdal seal hereto affix the day and year Brat above written. 0 . ,AO ota°ry Public in and for the `'��•rc G�K/of on,residing at My Commission Expires: The Hill of Sale isgtvan and accepted pursuant to a motion duly Y made, and passed by the City Council of the City of Kent,King County,Washington,on the day of ,20 Page 3 of 3 Bill of Sale �� tJ Rcl- O CITE' KENT ENGINEER;N,c-,- DEPT WASHINOTON ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY,WASEUNGTON The figures used on the Bill of Sale for 1%4 Ave 'To vi to h oM es project dated O u 1 e) =O& were based on the"As-Bullt"Engineering Plans dated �7e6 1 1+ Wd)B for the same said 1oe�k Ave_ ToWN oMe% project. AleXANDER Po61eke- the undersigned Y.E.or land surveyor 4 the person responsible for the preparation of the Bill of Sale and is an employee of PF. )11 C. .the firm responsible for the preparation of the"As-Built"Engineering Drawings. D Sp I S r amsa ALk^'" • �FXwAEP Kent City Council Meeting Date August 5, 2008 Category Consent Calendar - 6K 1. SUBJECT: MOMI SHORT PLAT BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Momi Short Plat for 489 linear feet of streets, 143 linear feet of storm sewer line, 1 manhole, 4 catch basins, and 5650 cubic feet of detention pond storage. The project is located at 10603 SE 264"' Street. 3. EXHIBI S: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: KENT W A 5 H I N G T O N MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4TH AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: Momi Short Plat LOCATION: 10603 SE 264th Street TAX ACCT NO: 1858600016 BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this 1 I tl"- day of ija w e 2008 ,by and between Rashnal Momi hereinafter called"Grantors", and City of Kent, a municipal corporation of King County, State of Washington,hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATERMAINS: together with a total of gate valves at$ each, hydrants at$ each and/or any other appurtenances thereto. ON FROM TO (street, esmt,etc) Including linear feet at$ per LF of (size& type) waterline. B. SANITARY SEWERS: Together with a total of manholes at $ each and/or any other appurtenances thereto. 1 of 4 Bill of Sale 12600.017.doe ON FROM TO (street, esmt, etc) Including linear feet at$ per LF of (size&type) sewer line. C. STRF. .T : Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. ON FROM TO 106TH AVE SE SE 264TH STREET SOUTH PLAT BOUNDARY SE 264TH STREET 106TH AVE SE EAST PLAT BOUNDARY Including 489 centerline LF at$ 160.00 per LF of RESIDENTIAL streets,489 Feet asphalt roadway. D. SIO M +. +.R : Together with a total of 1 manholes at$1,450.00 each or a total of 4 catch basins at$ 850.00 each, 5,650 CF of detention pond storage with a total cost of$ 10,000.00 ,and/or any other appurtenances thereto. ON FROM TO 106TH AVE SE LOT 2 CURB LINE OFF-SITE CONNECTION Includin 600 linear feet at$ 18.00 per LF of 12-INCH g PVC STORM sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this 1-1°"'L, day of 7u.ucc" ,200d 2 of 4 Bill of Sale 12600.017.doc STATE OF WASIIINGTON ) )SS COUNTY OF KING ) On this 4�' day of 3V,Vt z ,2008 ,before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personally appeared Vwvpo, W\b— z to me known to be the individual described in and who execu ed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of -��-�'�-'� 20 C"i ®`44e�ase9\tiliggsi/ Notary Public in and for the ��o ` ®Ilk State of Washington,residing at e� �= My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made,seconded, and passed by the City Council of the City of Kent,King County,Washington,on the day of ,20 3 of 4 Bill of Sale 12600.017 doc ADDENDUM TO BILL OF SALE CITY OF KENT i The figures used on the Bill of Sale for MOMI SHORT PLAT project dated April 17,2007 ,were based on the"As-Built" Engineering Plans dated June 18,2008 , for the same said MOMI SHORT PLAT project. Cara M.Visintainer the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers,Inc. , the firm responsible for the preparation of the "As-Built" Engineering Drawings. Signature 4 of 4 Bill of Sale 12600.017 doc Kent City Council Meeting Date August 5, 2008 Category Consent Calendar - 6L 1. SUBJECT: TACOMA PIPELINE #5 - INTERTIE CONTROL - ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the Tacoma Pipeline #5 - Intertie Control project as complete and release retainage to Rodarte Construction, upon standard releases from the state and release of any liens. The original contract amount was $288,288.09. The final contract amount was $292,781.52. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember second, DISCUSSION: ACTION: Kent City Council Meeting Date August 5, 2008 Category Bids - 8A 1. SUBJECT: NURSERY FACILITY RETAINING WALL 2. SUMMARY STATEMENT: The bid opening was held on July 10, 2008, with five (5) bids received. The apparent low bid was submitted by Nortec Construction for the amount of $76,981, excluding Washington State Sales Tax (WSST). The Engineer's estimate is $90,000, excluding WSST. 3. EXHIBITS: Bid Tab and draft Contract 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember W"�. to authorize the Mayor to enter into an agreement with Nortec Construction for the amount of $76,981, excluding Washington State Sales Tax (WSST), to complete the Nursery Facility Retaining Wall project. DISCUSSION: ACTION: L--' BID TAB CITY OF KENT NURSERY FACILITY RETAINING WALL Bid Opening: July 10, 2008 NORTEC CONSTRUCTION $76,981.00 GEN CON PACIFIC, INC. $87,358.00 FRANKLIN PACIFIC CONST. $119,000.00 VETCH CONSTRCTION $122,389.00 CONSTRUCT COMPANY $153,775.00 CONTRACT THIS AGREEMENT, made in triplicate, is entered into between the CITY OF KENT a Washington municipal corporation ("City"), and Nortec Construction, organized under the laws of the State of Washington, located and doing business at 23444 30th Ave. S #101, Kent, Wa. 98032 Paul Blinn("Contractor"). WITNESS: In consideration of the terms and conditions contained herein a tached and made a part of this Agreement, the parties agree as follows: 1. The Contractor shall do all work and furnish all,, s, rials, and equipment for: City of Kent Nursery Facility Retaining Wall iri'�'"'� cord th and as described in the Contract and Bid Documents and shall,,- riri�any alte s in or additions to the work provided under the Contracth�ocuments and eve thereof. The EMI ,"ic I;d Contract Documents shall include al ,project specifications, provis�tus,sand plans; a�f_�F the City's general and special condi ion�,athe 2007 08 Standard Sp6difications for §�, Road, Bridge, and Municipal Constructio%,Ias#ep d by the Washington State Department of Transportation and the Wash�'�` on State Chapter of the American Public Works Association, including all pub amendments issued by those organizations, if applicable ("Standard Specifical " ; t ie City's bid documents; and the Contractor's response to the City's bid. I otherwise directed by the City, work shall start within ten (10) days after the C' issues its Notice to Proceed and be completed within 30 calendar days. The Contractor shall provide and bear all expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in the Contract Documents and every part thereof, except as mentioned in the specifications to be furnished by the City. 2. The Cityhereby promises and agrees with the Contractor to employ, and does Y p g employ, the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract Documents and the terms and conditions herein contained and hereby contracts to pay for the same according to the Contract Documents and the schedule of unit or itemized prices provided by Contractor in its response to the City's bid, at the time and in the manner and upon the conditions provided for in the Contract Documents. 3. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. 4. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. 5. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, volunteers and assigns harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or Project Name: City of Kent Nursery Retaining Wall Page: 1 in connection with the performance of this contract, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this contract. 6. Contractor agrees, upon the 's n"lidemand to make all books and records ��� a i available to the City for inspection, re; w ,g ,O *c©pying, and audit in the event of a contract rely, ' ute, claim,'°�S ification, or other contract related action at reasonable"dimes�"�' o exceed thy_ (3) business days) and at places designated by the City: 7. The Contractci , hall':" c c E nd,,,maintain, during the term of construction and 3 t the��l " ified to � � 4' aintenance, insurance of the types and in the r= amou #1qribe4i hibit A attached and incorporated by this reference. Contractor is ponsibl r locating any underground utilities affected by the work :and is deeme be an excavator for purposes of RCW Ch. 19.122, as amended. tractor sha ,,be responsible for compliance with RCW Ch. 19.122, including util ` ion of �e "one call" locator service before commencing any excavation acti3' .', �.', 9. Contraq"-`r shall fully cover any and all loads of loose construction materials, including but not limited to sand, dirt, gravel, asphalt, excavated materials, construction debris, etc, to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first hereinabove written. CITY OF KENT Project Name: City of Kent Nursery Retaining Wall Page: 2 BY: SUZETTE COOKS, MAYOR DATE: ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: KENT LAW DEPARTMENT ,40' tgl' CONTRACTOR BY: PRINT NAME: TITLE: DATE: Project Name: City of Kent Nursery Retaining Wall Page: 3 WITNESS, if INDIVIDUAL OR PARTNERSHIP: STATE OF WASHINGTON ) I ) ss COUNTY OF KING ) On this day of 2007, before me personally appeared and to me known to be and of the corporation/individual that executed the within and foregoing instrument, and acknowledged said instrument to be free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Mal 1. NOTARY PUBr , in _ a State ashington,re'''� :?at t pointment ex"��'°''es V Aw" ! &t6r t j �It ' R"[' C' e�,3 L3S, �t j' Project Name: City of Kent Nursery Retaining Wall Page:4 CALL FOR BIDS Notice is hereby given that the Cityof Kent Washington, will receive sealed bids at the City CIerk's Office, July 10,2008 at 1:00 P.M. as shown on the clock located in the City Clerk's Office first floor of Kent City Hall, 220 4 h Avenue South, Kent, Washington. Bids must be clearly marked"Bid"with the name of the project on the outside of the envelope,addressed to the City Clerk, 220 4 h Avenue South, Kent, WA 98032-5895. Only sealed bids will be accepted. No facsimiles will be considered.All bids will be opened and read publicly aloud at 1:15 P.M. for the City of Kent project named as follows: City of Kent Nursery Facility Retaining Wall The project consists of City of Kent Nursery Facility Retaining Wall as outlined in the drawings and specifications dated May 28 2008. Copies of the Plans and Special Provisions may be purchased for a non-refundable cost of $25.00 for each set. Bid documents may be obtained by contacting City of Kent Parks Facilities Department, (253)856-5080, 400 W. Gowe, Kent, Washington. There will be a mandatory walkthrough on June 25, 2008, 1:30 PM at Kent Nursery Facility , 24400 Russell Road.,Kent,Wa. The Architect's estimated range for this project is approximately $90,000. For technical questions,please call Kevin Broderick,Broderick Architects 206-682-7525 A bid bond in the amount of 5%of the bid is required. The City of Kent reserves the right to reject any and all bids on any or all schedules or alternates or to waive any informalities in the bidding and shall determine which bid or bidders is the most satisfactory and responsible bidder and shall be the sole judge thereof. No plea of mistake in the bid shall be available to the bidder for the recovery of his/her deposit or as a defense to any action based upon the neglect or refusal to execute a contract. No bidder may withdraw his/her bid for a period of six (60) days after the day of bid opening. Dated this 13th day of June 2008. BY: Brenda Jacober, City Clerk Published in Kent Reporter on June 18,21 and 25,2008 Daily Journal of Commerce on June 17 20 and 23,2008 BIDDER'S NAME Nor Tec Construction CITY OF KENT KING COUNTY,WASHINGTON BID DOCUMENTS FOR City of Kent Nursery Facility Retaining Wall BIDS ACCEPTED UNTIL July 10, 2008 1:00 P.M. BID OPENING July 10,2008 1:15 P.M. AT CITY OF KENT CITY HALL KENT,WASHINGTON Charles Lindsey Project Coordinator KEN T WASHINGTON 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 contract 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 contract to adhere to. An affirmative response is required on all of the following questions for this contract 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 contract; The questions are as follows: 1. I have read the attached City of Kent adininisfrative policy number 1.2. 2. During the time of this contract 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 contract 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 contract I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this contract, 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 10th day of Till y 2008 By: For: Nor Tec Construction Inc Title: Vice President Date: July 10, 2008 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 contracts with the City amounting to $10,000 or more within any give 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 contract. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines. i' BID FORM Project: City of Kent Nursery Facility Retaining Wall 24400 Russell Road Kent, Wa. 98032 Consultant: Charles Lindsey, Superintendent of Facilities 220 4th Ave. So. Kent, Wa. 98032 Contact: Charlie Lindsey 253 856-5081 To the City of Kent, Having carefully examined the Drawings and Project Manual prepared by Broderick Architects dated May 28,2008.. I/WE (name) Nor Tec Construction Inc - Paul Blinn have examined the site at 24400 Russell Road, Kent, and correlated the drawings to the site and understand the present conditions as well as the requirements of the Construction Contract, and propose to furnish all labor and materials for the City of Kent Nursery Facility Retaining Wall. In submitting this Bid, I agree: 1. To hold my Bid open until thirty(30) calendar days after the actual bid opening. 2. To enter into and execute a contract, if awarded on the basis of this bid, on City of Kent Public Works Agreement, and to furnish proof of insurance as required by the project document. 3. To complete the work in accordance with the Project Documents. 4. That the Owner has the right to waive any informalities in the bidding or to reject any or all bids. LUMP SUM BASE BID Basic Bid for the complete contract as per plans and specifications, the lump sum (excluding WSST) of Seventy-six Thoursand Nine Hundred Eighty-one dollars($ 76,981.00 Bidder Address Nor Tee Construction 23444 30th Ave S #101 Signeure City Kent State WA 98032 1 � Prp.gi dent' Title Telephone 206-870-3284 Washington State Registration No. NORTEAC94&NG i . i Receipt of Addenda numbered through 2_is hereby acknowledged. The Project construction time shall be 30 consecutive days from Notice to Proceed until Substantial Completion is achieved. END OF BID FORM i SUBCONTRACTOR LIST Prepared in Compliance with RCW 39.30.060 ' Pursuant to RCW 39.30.060, list each subcontractor that shall perform the following listed subcontract work amounting to more than 10% of the total bid contract price, less applicable sales tax. List each bid item to be performed by each designated subcontractor in numerical sequence. This subcontractor list must be fully completed, signed and delivered no later than the time for bid opening. If no subcontractors will be performing 10% of the work, indicate this by writing "None" ' and signing this form. PROJECT NAME Cij�y of Kent Nursery Facilit�y Retaining a CONTRACTOW SIGNATURE Subcontractor Name South Central Concrete Item Numbers Subcontractor Name Leais Concrete _ Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers STATEMENT OF BIDDER'S QUALIFICATION ' To be filled in by the Bidder. Each contractor bidding on work included in these contract documents shall prepare and submit the data requested in the following schedule of information: , The City will use information offered by the Bidder in this Statement as a significant factor in determining whether the Bidder is responsible and able to perform the contract work. This data sheet must be included in and made a part of these Bid Documents. 1. Name of Bidder: Nor Tec Construction Inc 2. Business Address: 23444 30th Ave S #101 Kent WA 98032 ' 3. How many years have you been engaged in the contracting business under the present firm name? 2 4. Contracts f now m hand. Gross amount: $ 50,000.00 5. General character of work performed by your company: ' Site and utility contractor 6. List several recent construction projects completed by your company, including approximate costs and name and phone number of Project Engineer or Owner: Tom Easly - Exit 7 Auto Sales $404,000 425-885-5752 , Northland Services $500,000 206-763-3000 Henry Lui Sewer Extension $113,400 206-221-6061 ' 7. List your major equipment: JD 75 Excavator 310 Backhom, Dump Truck ' Skid Steer, Service Truck 8. Bank references: Key Bank Courtney Noble 206 241 2843 9. Bonding Company: CBIC BID BOND FORM KNOW ALL MEN BY TB ESE PRESENTS: That We, Nor Tec Construction, Inc as Principal, and Developers Surety and Indemnity Company as Surety, are held and firmly bound unto the CITY OF KENT, as Obligee,in the penal sum of Five Percent s% Dollars, for the payment of the which the Principal and the Surety bond themselves, their heirs, executors, administrators,successors and assigns,jointly and severally, by these presents. The condition of this obligation is.such that if the Obligee shall make any award to the ' Principal for , City o.-f Kent Nursery Facility Retaining Wall According to the terms of the proposal or bid made by the Principal therefor, and the principal skull duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in frill force and effect and the Surety shall forthwith i ' pay and:Forfeit to the Obligee, as penalty and liquidated damaged,the amount of this bond. SIGNED, SEALED AND DATED THIS 23rd DAY OR June 2008. ' CIPAL , Nor Tec Construction, Inc Paul Blinn, Vice President SUMT'Y► Developers Surety & Indemnity Jennifer Dawson, Attorney-In-Fact 2008, Received return of deposit in the sum of S POWER OF A•i"FOIZNEY FOR DEVELOPERS SURETY AND iNDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO ROX 19725,IRVINti,CA 92623 t949)263-3300 KNOW ALL MEN BY fHfiSE Pi ESWI S.that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and IND[-MN)1'Y COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Glenn F. Davidson, Ann Boslk, Lorna F. Williams, Rebecca James, Kori White, Jennifer Dawson, Terrence Bedford, jointly or severally*** as their true and lawful Attorney(%)-m-Fact.to make,execute•deliver and acknowledge,for and on behalf of said corporations,as sureties,bond%,undertakinris , and contracts of suretyship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to pet form every act necessary.requisite of proper to be done in connection therewith as each of said corporations could do.but reserving to each of said corporutions full power of substitution anti revocation,and all of the acts of said Attorncy(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed ']'his Power ofArtorney is granted and is signed by facsimile under and by authority of the rollowing resolutions adopted by the respective Board of Directors of DEVELOPERS SURE'l Y AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1.2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of theta hereby is,authorized to execute Powers ofAllorney,qualifying the attorney(s)named in the Powers ofAtioricy to execute,on bahalfofthe corporations,bonds,undertakings and conducts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of theist hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVCD.FURTHER,that the sianatures of such officers may be affixed to any such Power of Attorney of to any certificate ielating thereto by , facsimile,and any such Power ofAttoiney or certificate bearing such facsmiile signatures shall be valid and binding upon the corpoiatiun when so affixed and in the fiiture with iespect to any bond,undei(akin,or contract ofsuretyship to which it is attached. IN WiTNESS WHERFOF,DEVELOPERS S(JIZF;TY AND INDF.AINiTY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused ' these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1 st day of December. 2005 }' uunr By N'•. 0PANYO , David H. Rhodes,Executive Vice-President �,."' D�; GO R A edyil.CjQ pRgT� .I A. UOPPO 'rr: OCT. = = OCT,5 o at 1967 By: 50j`: 1 9 3 6 Walter A.Crowell,Secretary JOW P,,•'�Ls' �C/FOPS\ a STATE OF CALIFORNIA , COUN'l Y OF ORANGE J On December],2005 before me,Gina L.Gamer, Notary Public(here insert name and title of the officer), personally appeared David H.Rhodes and ' Walter A.Crowell,personally known to me(or ptoved to me on the basis ofsansfactory evidence)to be die person(s)whose nanie(s)islae subscribed to(lie within instrument and acknowledged to me that hefshclthey executed the same in hislher/their authorized capacityfies),and that by his/herrtheir signatures)on the instrument the person(s),or the entity upon behalfofwhich the per&on(s)acted,executed the instrument. ' W ITN E.SS my hand and official seal GINA L.GARNER COMM.# 1569561 ' Signature (SEAL) 3 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY ILc m.T.exqresMay.13,2009 CERTIFICATE. , The undersigned,us Assistant Secretary,of DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OFCALiF'ORNIA, does hereby certify that the foregoing Power of'Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set firth in the Power of Attorney,are in force as of the date of this Cei tiftcate. this Certificate is executed in the City of Irvine,California.the 23rd day of June 20Q8 By Albert Hillebrand• Assistant Secretary ID-1380(Rev.12105) ' City of Kent Combined Affidavit& Certification Form: Non-Collusion,Minimum Wage (Non-Federal Aid) NON-COLLUSION AFFIDAVIT ' Being first duly sworn, deposes and says, that he/she is the identical person who submitted the 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 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. AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I 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 City of Kent Nursery. Facility Retaining Wall 1 NAME OF PROJECT ' Nor Tec Construction Inc NAME OF BIDDER'S FIRM SIGNATURE OF AUTHORIZED REPRESENTATIVE OF BIDDER Subscribed an4*wornstp before me this 10th day of July 2008. N �• 70 ' e - • - G°s ota ublic in nd for the State of Washington, a (P a'0o��G _ = residin Puyallup G //IlI�0 1 1�✓{�S�`�ey BIDDERS CHECKLIST The following checklist is a guideline to help the Contractor make sure all forms are , complete. The bidder's attention is especially called to the following forms. Failure to execute these forms as required may result in rejection of any bid. Bidder's Package should include the following: , Bid Document Cover Sheet filled out with Bidders Name..................................IB/ Tableof Contents Sheet..........................................................................................10/ , Callfor Bids..............................................................................................................0/ ContractorsCompliance Statement......................................................................I , Date.................................................................................................................[�" Havelhavenot acknowledgment................................................................IB, Signatureand address................................................................................I Proposal ...................................................................................................................I First line of proposal—filled in...................................................................[� ' Unitprices are correct and written in words...........................................I SubcontractorsListing............................................................................................0� Subcontractorslisted properly...................................................................[a', Sibnature.............................................................................:.......I.;............... , Statement of Bidder's Qualifications filled out by bidder...................................0/ ProposalSignature Page..........................................................................................a' I AllAddenda acknowledged........................................................................10" Date, signed and addressed.........................................................................0' BidBond Form........................................................................................................I Signed, sealed and dated ............................................................................10 (Amount of bid shall equal 5% of the total amount bid and shall be shown in both words and figures) Non-Collusion Affidavit.................................................................... '....................... Signed, dated and notarized........................................................................[�" BiddersChecklist...................................................................................................I The following forms are to be executed after the Contract is awarded: A) CONTRACT This agreement to be executed by the successful bidder. B) PERFORMANCE BOND To be executed by the successful bidder and his surety company. , REPORTS FROM STANDING COMMI EES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE 3 J ►�"' E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE n 5 G. PUBLIC WORKS Cmc,N l 1 3 / "LOYA C� H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES 1 KENT WASH 1NOTON OPERATIONS COMMITTEE MINUTES * JULY 11 2008 Committee Members Present: Debbie Raplee, Les Thomas and Tim Clark. The meeting was called to order by Chair Tim Clark at 4:05 p.m. 1. APPROVAL OF MINUTES DATED JUNE 3, 2008 Thomas moved to approve the minutes of the June 3, 2008, Operation Committee meeting. Raplee seconded the motion, which passed 3-0. I2. APPROVAL OF VOUCHERS DATED JUNE 15, 2008 Finance Director Bob Nachlinger presented the vouchers for June 15, 2008, for approval. Raplee moved to approve the vouchers dated June 15, 2008. Thomas seconded the motion, which passed 3-0. 3. ACTIVE NETWORK ONLINE UTILITY PAYMENT IMPLEMENTATION Information Technology Systems Manager John Humphreys presented the Active Network Online Utility Payment Implementation. Humphreys advised that the City of Kent currently utilizes the Active Network Class software product as the enterprise point of sale application. This additional software implementation will enhance the existing system to provide the ability for residents to make City of Kent utility payments online (via internet). Humphreys advised that providing the ability for residents to make City of Kent utility payments online will provide for improved customer service as well as increased efficiency in processing utility payments. The cost is estimated at $61,800 plus tax, which is within existing the IT budget allocation in the Tech Plan. Questions were raised by the Committee which Humphreys responded to. ' Thomas moved to recommend that the Council authorize the Mayor to sign a purchase order for the Online Utility Payment implementation not to exceed $68,000 upon concurrence of the final terms and conditions by the City Attorney and IT Director. Raplee seconded the motion, which passed 3-0. Operations Committee Minutes ' July 1, 2008 Page: 2 4. SUPPLEMENTAL BUDGET AUTHORITY FOR THE KENT EVENTS CENTER PROJECT Economic Development Director Ben Wolters presented the Supplemental Budget Authority for the Kent Events Center Project. Wolters advised that staff is recommending the City Council approve an additional $5,929,000 for the Kent Events Center Project budget. The current project budget authorized by Council is $78,600,000. The additional funds requested will pay for project costs necessary to complete the building's design and construction on time while preserving the facility's revenue potential. The additional funds will also pay for improvements to the quality, operational efficiency, and revenue potential of the facility. Additional project costs include: testing and inspections, Leadership in Environmental and Energy Design (LEED) certification, scoreboard, architecture and engineering services, project management, state sales tax, city permit fees, and insurance. Additional project costs that will generate revenue include the following: center scoreboard, completion of the suite lounge, and advertising signage. Wolters further advised that these cost items and other improvements to the building are projected to generate an additional $400,000 annually in building revenue. Questions were raised by the Committee which Wolters responded to. Raplee moved to recommend Council authorize an additional $5,929,000 for the Kent Events Center Project and authorize the Mayor to expend such funds and execute all necessary change orders, subject to final terms and conditions acceptable to the City Attorney. Thomas seconded. Clark was opposed to the source of funds. The motion carried 2-1 with Clark opposed. It was noted that this item will appear on the July 15th Council agenda under Other Business. The meeting adjourned at 4:40 p.m. , Brenda Jacober, City Cork Acting Operations Committee Secretary t 1 1 1 Page 1 City of Kent KENT Parks and Human Services Committee Meeting 1 WASHINGTON Minutes of 3une 19, 2008 Call to Order: Debbie Ranniger called the meeting to order at 5:02 p.m. Council Present: Chair Debbie Ranniger, Ron Harmon, Elizabeth Albertson was 1 absent Item #1 Meeting Minutes Dated May 15, 2008 Ron Harmon moved to approve the minutes of May 15, 2008. Debbie Ranniger seconded and the motion passed 3-0, with Elizabeth Albertson's concurrence. Item #2 DSHS Interlocal Contract Amendment for Safe Havens Services - Authorize - Authorize Katherin Johnson, Manager of Housing and Human Services informed the Committee that this is an amendment to last years' agreement. The 2008/2009 State of WA DSHS Grant funds will be used to provide services to low income families at the Safe Havens Visitation and Exchange Center. Funds will be used for personnel costs from July 1, 2008 through June 30, 2009. Debbie Ranniger asked what happens when the funds run out. Katherin responded that the city is working with the state again this year and the city's lobbyist, Doug Levy, is working with the governor's office for future funding. Ron Harmon stated that originally this funding was set up for a block of time and asked if the funding ends this year. Katherin said no, the city is entering the second year of an additional five year extension, plus there is other funding. Ron Harmon moved recommend authorizing the Mayor to sign the State of Washington, DSHS Grant Amendment, accepting the $50,000.00 to fund Safe Havens services, and approving the expenditure of funds in the Safe Havens budget. Debbie Ranniger seconded and the motion passed 3-0, with Elizabeth Albertson's concurrence. 1 Item #3 H.O.M.E. Investment Partnerships Program Interlocal Cooperation Agreement with King County - Authorize Katherin Johnson, Manager of Housing and Human Services reported that this funding must go through the county, not through the city. The current Interlocal Cooperation Agreement for the King County HOME Consortium expires at the end of 2008. The new agreement is for 2009 - 2011. It gives the city a seat on the Joint Recommendations Committee. Participation in the HOME Consortium enables the city and affordable housing developers serving Kent to apply for HOME funds to help meet locally identified affordable housing needs, including affordable rental Page 3 numbers have increased over the past few years and have noticed a much younger volunteer interest. Ron Harmon moved to recommend Council accept the King Conservation District grant of $9,718.36 to fund the ReLeaf 2006 project, and approve the expenditure of funds in the Clark Lake Management Plan budget. Debbie Ranniger seconded and the motion passed 3-0, with Elizabeth Albertson's concurrence. Item #6 Easement Agreement with WV68 for Landscaping Puget Trail ' Property - Authorize Lori Flemm, Superintendent of Parks and Open Space reported that the owner of West Valley 68 (WV68), property located at West Valley Highway at approximately S. 223rd Street, directly north of the Puget Trail approached the city because they intend to construct a new building. The building permit condition requires that a seventeen foot wide landscape buffer be constructed around the parking lot. The City of Kent property is covered with invasive plants, primarily Himalayan blackberry. The City could grant an easement to WV68 to allow the landscape buffer to be placed on city property in exchange for maintenance by WV68. The landscape buffer will not impact the trail system, and will enhance the area. This is similar to a landscape buffer granted to the Boeing Gateway Business Park. The Committee discussed using goats for grass removal. Ron Harmon moved to recommend Council authorize the Mayor to sign the easement agreement with WV68 for landscaping Puget Trail property subject to final terms and conditions acceptable to the City Attorney. Debbie Ranniger seconded and the motion passed 3-0, with Elizabeth Albertson's concurrence. Item #7 Easement Agreement with WV68 for Fire Truck Turn Around on Puget Trail Property - Authorize Lori Flemm, Superintendent of Parks and Open Space informed the Committee that the owner of the WV68 property located at West Valley Highway at approximately S. 223rd Street, directly north of the Puget Trail intends to construct a new building. The building permit condition requires that a twenty nine square foot easement protrude into the seventeen foot wide landscape buffer to provide adequate turn around for the fire truck. The City of Kent property is covered with invasive plants, primarily Himalayan blackberry. The City could grant an easement to WV68 to allow the fire truck easement to be placed within the , landscape buffer/easement on city property in exchange for maintenance by WV68. The fire truck turnaround will not impact the trail system, and will enhance the area. Ron Harmon moved to recommend Council authorize the Mayor to sign the easement agreement with WV68 for Fire Truck Turn Around on Puget Trail property, subject to final terms and conditions acceptable to the City Attorney. Debbie Ranniger seconded and the motion passed 3-0, with Elizabeth Albertson's concurrence. Parks and Human Services Committee Page 3 Minutes of June 19, 2008 Page 2 jhousing and first-time homeownership programs, to support the rehabilitation and preservation of affordable privately owned multifamily rental housing in our jurisdiction. And, the city can participate in the Inter-jurisdictional Advisory Group that helps develop recommendations for the inter-jurisdictional Joint Recommendations Committee on specific projects to receive funds, as well as program guidelines. Ron Harmon asked if the program has actually built affordable houses in Kent. Katherin responded yes, it has supported a great deal of affordable housing. The biggest project is a $1M rehabilitation of the Appian Way Apartments on the West Hill. Ron Harmon moved recommend authorizing the Mayor to sign the 2009-2011 HOME Interlocal Cooperation Agreement with King County for affordable housing programs, subject to final terms and conditions acceptable to the City Attorney. Debbie Ranniger seconded and the motion passed 3-0, with Elizabeth Albertson's concurrence. Item #4 Lease Agreement with Around the Clock - Authorize Jeff Watling announced that the city has rented the facility at 422 West Titus Street to Around the Clock, a Property Management business, since November, 2000. Lease payments are scheduled on a progressive payment 3-year term. Revenue received from the lease will reimburse the city for associated costs of maintenance and operation of the leased premise. The facility is managed by our Facilities Department. Ron Harmon moved to recommend Council authorize the Mayor to sign the lease agreement with Around the Clock to rent the city-owned building located at 422 West Titus Street. Debbie Ranniger seconded and the motion passed 3-0, with Elizabeth Albertson's concurrence. Item #5 King Conservation District Reimbursable Grant for ReLeaf 2006 - Accept and Amend Budget Lori Flemm, Superintendent of Parks and Open Space said that on November 17, 2007, staff submitted an application to King Conservation District (KCD) for a reimbursable grant to fund ReLeaf 2006 in the amount of $9,718.36. The grant request was approved by the King Conservation Board on April 29, 2008. The funds were used towards on-going maintenance, compost, tools and supplies and planting 65 native trees at Clark Lake Park. This work was completed by Park staff and 84 volunteers during ReLeaf 2006 on October 14, 2006. Based on the terms of the grant, the city will receive 90% of the contract amount ($8,746.52) once the contract has been executed. The balance is withheld until all terms of the contract have been fulfilled. Debbie Ranniger complimented staff on the remarkable number of volunteers who participate in the city's events and programs. Lori commented that the volunteer Parks and Human Services Committee Page 2 Minutes of June 19, 2008 Page 4 Item # 8 Maintenance Agreement with VW68 for Landscaping on Puget Trail Property - Authorize Lori Flemm, Superintendent of Parks and Open Space reported that the property owner of the WV68, located at West Valley Highway at approximately S. 223rd Street and directly north of the Puget Trail, intends to construct a new building. The building permit condition requires that a seventeen foot wide landscape buffer be constructed around the parking lot. The City of Kent property is covered with invasive plants, primarily Himalayan blackberry. The owner has offered to maintain the area north of Puget Trail and south of his property line in exchange for granting the landscape easement. Ron Harmon moved to recommend Council authorize the Mayor to sign the maintenance agreement with WV68 for Puget Trail property, subject to review and , approval by the City Attorney. Debbie Ranniger seconded and the motion passed 3-0, with Elizabeth Albertson's concurrence. Item #9 Kent Code Revision to Support the New Boat launch Fee at Lake Meridian - Informational Lori Flemm, Superintendent of Parks and Open Space referred to the draft ordinance, noting that this is an informational item and that staff will return to the Committee in July to get approval for implementation of the new Ordinance. Staff is requesting direction and consideration for charging boat launching at Lake Meridian, just as all recreational services are charged a fee. Lori added that Kent is the only local city that does not charge a boat launch fee. All revenue generated by the launch fee program would be deposited into a dedicated boating facility fund for expenses to operate, maintain, improve and enforce boating activities and facilities within the city; to acquire land to expand boating facilities; to purchase replacement equipment and supplies; and to recover the cost to collect boat launch fees within the city. The creation of the launch fee led to minor housekeeping changes within the code, including infraction penalty amounts, swimming restrictions, and clarification of speed limits. Police Department is in full support of increasing enforcement on the lake. Lori thanked the Committee for encouraging the use of credit card machines at the June 19 Committee Meeting. Staff researched credit/debit machines and determined this is the most secure and cost effective method for collecting fees. The purchase price of the machine is $13,000.00, with installation at $5,000- 7,000.00. Staff proposes a $5.00 per use fee and an annual pass for $50.00, Passes will be available for purchase at Kent Commons. The cost to operate the machine would be $90.00/per month. If a cash only machine is used, it would exceed this charge to retrieve the cash and pay for operational costs. The annual pass would be designed to have a different picture each year. The pass would not be available for purchase until January of 2009. Payments would be deposited directly to the bank from the machine. Bank of America is the city's current credit Parks and Human Services Committee Page 4 Minutes of June 19, 2008 Page 5 card provider and there would be a processing fee would be charged per transaction. Jeff and Lori met with the Lake Meridian Homeowners and addressed their concerns. Lori thanked the Lake Meridian residents for suggesting the installation of no parking signs (after dusk) on 152nd Way to handle the traffic congestion. A letter will be mailed to the neighborhood outlining the proposed parking restrictions. Staff will schedule a meeting with the neighborhood to get input. If supported, the request will go to Public Works for implementation. Another concern for neighbors is the Washington State Fish and Wildlife ramp, located just north of the city's ramp. Boaters are required to have a vehicle use permit and a fishing license to fish, but launching is free. Kent Police can check vehicles and boaters for the passes, but can not enforce the Fish and Wildlife vehicle use permit, but can provide assistances to the Washington State Game Enforcement Officers. Staff is looking at the option of printing dual receipts. Each boat with a trailer would have either the city's launch receipt, and/or the Washington State Fish and Wildlife receipt, thus ensuring enforcement by boat and land. Residents suggested looking at a lake use sticker program. Preliminary study by City Attorney's office determined that the city is not eligible for this program due to the lack of full ownership and jurisdiction of the lake. Debbie Ranniger asked what will stop boaters from launching at the Fish and Wildlife ramp for free. Jeff responded that lack of receipts and/or permits would be evident to the Police on their daily patrol and fines would be issued accordingly. Lori reported that the Ordinance not only refers to charging a fee, but creates a boating facilities fund. It also: clarifies the speed limit is 15 mph, updates the penalty section to be in concurrence with state revisions by classes (not dollar amounts), adds no swimming in the boat basin area, no remote control vessel within 100' of the launch, and adds no moorage at the float. Debbie Ranniger wants the city to consider expanding the Ordinance to include water resources. Ron Harmon asked for confirmation that the fees will first pay for the equipment, utilities and operating costs. Michelle McDowell spoke on behalf of the Lake Meridian Homeowners Association and suggested modifying the new Ordinance to include; a two part ticket, exclude boaters with less than 25 HP engines from launch fee, have the city pursue ownership of the Washington State Fish and Wildlife boat launch, and open earlier for fishermen. Michelle voiced her concern with proposed increase in police coverage on the lake. Knowing that the Police Department's services are already stretched, the neighborhood is looking at a citizen patrol. Parks and Human Services Committee Page 5 Minutes of June 19, 2008 Page 6 Ron Harmon added the following suggestions; look into ownership of boat launch, send a letter to the Washington State Fish and Wildlife asking for clarification on their enforcement policy, make sure the year is on the pass card to make identification easier, have transaction go through Kent Commons to save the user fees, and adjust the fee to accommodate needs. Jeff noted Ron's comments and responded that the Class System at Kent Common can not be used for payment from Lake Meridian. The transactions must go directly from the machine to the bank. Item #10 Community Center at Phoenix Academy - Informational Lori Hogan, Superintendent of Recreation and Cultural Services, shared some background on the youth/teen program. Lighthouse started in 1993, in collaboration with Parks staff, the Kent School District, Kent Youth and Family Services, the King County Police Department and the Kent Police Department. Soon after, a portion of the utility tax revenue was dedicated to youth and teen services. Kent School District was invited to participate in 2007. The program originated at Sequoia Middle School and transitioned to the Kent Phoenix Academy. The Community Center opened in the fall of 2007, with a focus on families. Staff noticed the shift in community needs and changed the focus to teens. Julie Stangle, Manager of the Youth/Teen Programs said the center officially opened on September 17, 2007, for six days/week, with summer hours Monday through Thursday. It will be open for the month of July on Tuesday, Wednesdays and Fridays, but closed in August for Kent School District maintenance. The age of participants range from 7th grade to 19 years old. Identification is required. The Class System will be initiated in July, enabling all contact information and pictures to be placed in a database. There is secure check-in for bags, coats and personal items. The average night for attendance is in the fifties. Since opening on September 17, there has been over 9,000 visits. Police statistics indicate through "Project Neighborhood," a nation-wide program to ' reduce gun crimes, that 29% of fire arm possessions in Kent are held by residents 21 years or younger. Staff maintains an awareness of these statistics at the center. Juvenile arrests are down from 129 in 2006, to 98 in 2007. Demographics show that crime in Washington is up, but down in Kent by 10%. Activities and highlights include mentoring life skills, cooking, computer lab, , homework, tutoring, art, family nights, employment workshops. The local youth committees meet in the building. The program provides a place for positive role models. Challenges exist with transportation, food, collaborations with the Kent School District, programmable space, security, funding, marketing, changing the "At Risk , Youth" label, building community partnerships, identifying what teens want to do. Parks and Human Services Committee Page 6 Minutes of June 19, 2008 Page 7 Opportunities include sharing a vision, community hub, safe place for teens and families, after hours facility, safe haven for Weed & Seed Program, meeting place for teens and family, provide traditional and non-traditional recreation, and educational enhancements. Youth/Teen Program Coordinators Brian Steward and Dave Hobbs were recognized and introduced Bradley, Zack, and Kalvin participants of the community center. The teens offered their appreciation to the city for opening the community center so they have a safe place to go. Along with being thankful for the great staff, they appreciate the programs and assistance as well. They all felt the food supply could be increased though! Biking and walking are the current modes of transportation to and from the center. Lori Hogan shared that staff is working on the transportation issues. Lori Hogan noted that staff will return to the Committee in September for the first annual review and request Council's approval to continue the program by authorizing the agreement with the Kent School District. Ron Harmon stated that the Kent School District's biggest concern with the facility is maintenance. Ron encouraged the development of a community center on West Hill too. Debbie Ranniger thanked Bradley, Zack and Kalvin for letting the Committee understand the positive impact this program has had on their lives. Debbie said it helps Council become more aware and encourages their support. She noted the need to increase funds in the budget for necessities at the center. Debbie also suggested connecting the center to the city's initiative - Kent4Health to provide healthy cooking classes. Item #11 What's Happening Community Garden on James Street and 64th. Staff may be relocating the garden to eliminate challenges experienced with the current land owner. Proximity to the same downtown area will be key in determining a new site. Bereiter House Museum. The Facilities staff painted the museum using 150 gallons of paint. The color was chosen for its historical value. The meeting adjourned at 6:30 p.m. Respectfully submitted, Teri Petrole Committee Council Secretary Parks and Human Services Committee Page 7 Minutes of June 19, 2008 1 PUBLIC WORKS COMMITTEE MINUTES 1 FOR MONDAY, JULY 07, 2008 Committee Members Present: Committee Chair Deborah Ranniger was absent, Tim Clark sat in on her behalf. Committee Members Harmon and Raplee were present. The meeting was called to order at 5:00 p.m. ITEM 1 - Approval of the Minutes Dated June 16, 2008: Committee Member Harmon moved to approve the minutes of June 16, 2008. The motion was seconded by Raplee and passed 3-0. ITEM 2 - Tract X/Halev's Ridge Subdivision: Development Manager, Mike Gillespie, explained that the pending application for Haley's Ridge Short Plat, requires the 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 7776021. Raplee moved to recommend Council authorize the Mayor to request Public Works staff, to record release of King County Short Plat 776021, Tract X easement, upon concurrence of the language there in by the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. ITEM 3 - Contract with DCI Engineers/Update of Construction Standards, Specifications and Development Assistance Brochures: Development Manager, Mike Gillespie explained that due to the staffing shortage in the Development Section, help is needed with completing an update of our Construction Standards and Specifications. DCI Engineers has been working on the Construction Standards and Specifications for over a year. The initial contract for $30,000 has been exhausted due to the high number of comments and additions that City staff had from the first draft. The work will include preparation of Development Assistance Brochures once the Standards are finalized. Gillespie noted that the Construction Standards and Specifications is on track to be completed by years end. Gillespie will keep the committee updated on this item. A brief discussion ensued with committee members asking questions of staff regarding what will be in the new standards. Staff responded. Harmon moved to recommend authorization for the Mayor to sign the contract with DCI Engineers, Inc. not to exceed $80,000 to continue updating the City's construction standards, specifications, and development assistance brochures, upon concurrence of the language 1 therein by the City Attorney and Public Works Director. The motion was seconded by Raplee and passed 3-0. ITEM 4 - Consultant Agreement w/Jason Engineering - North Park: Public Works Director, Larry Blanchard stated that Public Works designed a sanitary sewer rehabilitation project to replace the sewer system in the North Park area of the City. The routine engineering design and construction management work will Page 1 of 2 2 j PUBLIC WORKS COMMITTEE MINUTES FOR MONDAY, JULY 07, 2008 be done by in-house staff; however, the construction of this project will also involve materials testing and soils engineering /inspection that is beyond the expertise of City staff. Therefore, staff recommends that the City enter into a contract with Jason Engineering and Consulting Business, Inc., for materials testing and inspection services. Raplee moved to authorize the Mayor to sign a consultant contract in the amount of $81,715 between the City of Kent and Jason Engineering & Consulting Business Inc., for the purpose of providing materials testing and inspection services related to the North Park Sewer Rehabilitation Project, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. ITEM 5 — Information Only/Water System Plan: Design Engineering Supervisor Chad Bieren gave a very brief PowerPoint presentation on where we are on our Water System Plan and what areas are insufficient that are being addressed in the latest plan. More information to follow at a later date. Information Only/No Motion Required ADDED ITEMS—Update on questions asked by Garry Stewart on 6 16/08: 1. Sound Transit Parking at Railroad and Smith Street is a mess. Blanchard said that this is a private property issue and turned the complaint over to the Community Development section who will be in contact with Sound Transit. Harmon asked if they are going to pave the area. Blanchard said that the parking lot was to be a temporary installation and he isn't sure what the long term agreement is. Community Development is working on it. Blanchard will get back to the Committee as soon as he hears more. 2. Highland Park, Stonebridge and Meridian Meadows are three subdivisions that are in a variety of construction phases. Some are complete and are going through the punch lists, some are still under construction and will be going through the punch lists and one is under the warranty period. Our inspectors work with the developers to get the work completed. In some instances the developer hasn't winterized or secured the site then we will request that they do so, unless there is a water quality issue, or other environmental concern. As long as they are meeting our water quality standards the developers can take their time. Blanchard said that we are looking at changing the wording in the Construction Standards so that there is an actual permit window that gives them a certain amount of time to complete the job. We will bring this back to the committee at a later date. Adiourned: The meeting was adjourned at 5:45 p.m. i Cheryl Viseth, Public Works Committee Secretary Page 2 of 2 CONTINUED COMMUNICATIONS A. i 1 EXECUTIVE SESSION i ACTION AFTER EXECUTIVE SESSION i 1 1 1 i 1 i