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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/19/2008 d ILL t�(jTv p of Kerr WIP Ity Culun i,: OM G' Hr� Al t , 5a `e°� 1� nNil ,. August 19, 2008 IN, Mayor Suzette Coolie Debbie Raple'e, Council Presli do"m Councilmernbers is I. Elizabeth Albertson Ron H r ';,; on Tire Clam Deborah ,,,,Ranni er Janie Daniels, n Les Th m� � KENT 10ASHI N 0 T 0 N 1 City Clerk's Office • KENT CITY COUNCIL AGENDAS KENT August 19, 2008 WASHINGTON Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Ra lee, President Rap lee, Elizabeth Albertson Tim Clark Jamie Danielson Ron Harmon Deborah Ranniger Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. 20-Year Capital Budget Bob Nachlinger 45 minutes 2. Annexation John Hodgson 15 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Public Safety Report 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve ence B. Payment of Bills - ApproveC. 1st Half 2008 Budget Adjustmen Or in - Adopt D. Disposal of Surplus Vehicles and Equipment - Authorize E. Jason Engineering & Consulting Contract, 2008 Downtown Sidewalk Improvements - Authorize F. Amended and Restated Levee Easement Agreement - A ze G. Countywide Planning Policy Amendment, Annexation Are Res lution - Adopt qv �1 (Continued) COUNCIL MEETING AG ENDA CONTINUED H. MidwaySubarea Plan Interlocal Agreement Modification - Authorize 9 I. Department of Justice Weed & Seed Program Second Year Grant - Accept J. Keep America Beautiful Graffiti Hurts Grant - Accept K. Washington Auto Theft Prevention Authority Grant - Accept and Establish Budget L. Jared Grant Short Plat Bill of Sale - Accept M. Scalzo Bill of Sale - Accept ' N. Kentview Bill of Sale - Accept O. Public Safety Testing Revised Agreement - Aut 'ze P. Cyberstalking Statute for Enforcement in Ken Or nan�e - Adopt Q. Kent Corrections Facility Programs and Kent Po ice Department Fees Res lution - Adopt OTHER BUSINESS A. Limited Tax General Obligation Bond BIDS ' �'Y A. 2008 Downtown Sidewalk Improvements 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Property Acquisition ` 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. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC i 1 i 1 PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) PUBLIC SAFETY REPORT 1 f L Kent City Council Meeting Date August 19, 2008 Item No. 6A - 6B CONSENT CALENDAR 6. City Council Action: Councilmember Lmoves, Councilmember_ � seconds to approve Content Calendar Items A through Q. Discussion --� Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of August 5, 2008. 6B. Approval of Bills. Approval of payment of the bills received through July 15 and paid on July 15 after auditing by the Operations Committee on August 5, 2008. Approval of checks issued for vouchers: Date Check Numbers Amount 7/15/08 Wire Transfers 3333-3349 $6,565,643.36 7/15/08 Regular 622357-622796 1,336,387.36 Void Check 621326 & 621756 0.00 Use Tax Payable 5,049.09 $7,907,079.81 Approval of payment of the bills received through July 31 and paid on July 31 after auditing by the Operations Committee on August 5, 2008. Approval of checks issued for vouchers: Date Check Numbers Amount 7/31/08 Wire Transfers 3350-3368 $1,983,364.27 7/31/08 Regular 622797-623421 4,542,157.21 Void Check 623247,622996 &622960 (2,803.43) Use Tax Payable 2,432.46 $6,525,150.51 Approval of checks issued for payroll for July 1 through July 15 and paid on July 18, 2008 Date Check Numbers Amount 7/18/08 Checks 306146-306505 $ 263,347.60 7/18/08 Advices 233542-234293 $1,517,794.96 $1,781,142.56 Approval of checks issued for payroll for July 16 through July 31 and paid on August 5, 2008 Date Check Numbers Amount 8/5/08 Checks 306506-306849 $ 287,882.92 8/5/08 Advices 234294-235047 $1,518,178.41 $1,806,061.33 Kent City Council Meeting ENT WA$rl I N GTO N August 5, 2008 The special meeting (due to the change of time) of the Kent City Council was called to order at 5:02 p.m. by Council President Raplee. Councilmembers present: Albertson, Clark, Danielson, Harmon, Ranniger, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) CAO Hodgson removed Public Communications Items E (Kent Events Center Update) and F (Economic Development Report) from tonight's agenda. B. From the Public. (CFN-198) No changes were made. PUBLIC COMMUNICATIONS A. Introduction of Kent and Yangzhou Exchange Students. (CFN-198) Cheryl and Alexandra Truzzi explained the exchange program and introduced the two students from Kent and the two students from Yangzhou. Each student spoke briefly about their experiences visiting the other country. B. Public Recognition. (CFN-198) No public recognition was given. C. Community Events. (CFN-198) No community events were announced. D. Employee of the Month. (CFN-147) Deputy Public Works Director Tim LaPorte introduced Merrill Vesper, Senior Project Engineer, who has been named Employee of the Month for August. LaPorte pointed out that his nomination came from citizens of the West Hill. LaPorte praised Vesper for his integrity, loyalty, and tenacity, and noted that he is a guru at LID improvements. Vesper was presented with the Employee of the Month plaque. CONSENT CALENDAR Clark moved to adopt Consent Calendar Items A through L. Ranniger seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the special Council meeting of July 8, 2008, were approved, and the minutes of the regular meeting of July 15, 2008, were approved with a correction to Consent Calendar Item B, changing the last regular check number from 621850 to 621851. B. Approval of Bills. (CFN-104) Payment of the bills received through June 30 and paid on June 30 after auditing by the Operations Committee on July 15, 2008, were approved. r 1 Kent CityCouncil Minutes August 5 2008 9 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 Checks issued for interim payroll and paid on June 19, 2008, were approved: Date Check Numbers Amount 6/19/08 Checks 305804 - Lange, N $120.81 Void Check 304683 - Lange, N -120.81 $ 0.00 Checks issued for payroll for June 16 through June 30 and paid on July 3, 2008, were approved: Date Check Numbers Amount 7/3/08 Checks 305805-306145 $ 256,328.12 7/3/08 Advices 232791-233541 1706,594.25 $1,962,922.37 C. Second Quarter Fee-In-Lieu Funds. (CFN-118) The $28,417 fee-in-lieu funds for the second quarter of 2008, was accepted and the expenditure of funds in the Seven Oaks Park, Wilson Playfields Acquisition & Development, and Turnkey , Park budgets were approved. D. Lake Meridian Boat Launch Fee Ordinance. (CFN-118) Ordinance No. 3886 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 was adopted. E. Amended Street Tree List. (CFN-118) The amended street tree list to include tree species that are available on the wholesale market was approved. F. 4Culture Grant 2008 Sustained Support Grant. (CFN-118) The Mayor was authorized to sign the 4Culture Sustained Support grant in the amount of $17,000 to support 2008 Kent Arts Commission programs, and the expenditure of funds in the Kent Arts Commission budget was approved. G. S. 277th Street Green River Detention Pond Proiect. (CFN-1180) The South 277th Street Green River Detention Pond Project was accepted as complete and release of retainage to Rodarte Construction, upon standard releases from the state and release of any liens was authorized. The original contract amount was $187,647.00. The final contract amount was $217,809.23. 2 ' Kent City Council Minutes August 5, 2008 H. 228th Street Burlington Northern Santa Fe Grade S r tion Project a � Easement. (CFN-1269) The Mayor was authorized 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. I. LID 359, 116th Avenue Street & Utility Improvements (Kent-Kangley Road to SE 256th Street) Final Assessment Roll. (CFN-1300) September 16, 2008, was set for the Public Hearing on the confirmation of the Final Assessment Roll for LID 359. J. 108th Avenue Townhomes Bill of Sale. (CFN-484) The Bill of Sale for the 1081h Avenue Townhomes for 1 watermain gate valve, 22 linear feet of watermain, 1 sanitary sewer manhole, and 175 linear feet of sanitary sewer was accepted. The project is located at 10715 - 10727 SE 242"d Street. K. Momi Short Plat Bill of Sale. (CFN-484) 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 was accepted. The project is located at 10603 SE 264th Street. L. Tacoma Pipeline #5 - Intertie Control. (CFN-1065) The Tacoma Pipeline 1 #5 - Intertie Control project was accepted as complete and release of retainage to Rodarte Construction, upon standard releases from the state and release of any liens was authorized. The original contract amount was $288,288.09. The final contract amount was $292,781.52. BIDS A. Nursery Facility Retaining Wall. (CFN-1232) Parks Director Jeff Watling explained that this project is part of improvements at the former nursery site at Russell Road Park, and that it will add additional storage and yard space for Parks i Operations and Public Works. He noted that five bids were received and that funds ■ are available in the budget. Ranniger moved to authorize the Mayor to enter into an agreement with Nortec Construction in the amount of $76,981, excluding Washington State Sales Tax, to complete the Nursery Facility Retaining Wall project. Albertson seconded and the motion carried. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) No report was given. 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 on August 21 at 5:00 p.m. 3 Kent CityCouncil Minutes August 5 2008 9 E. Planninci and Economic Development Committee. (CFN-198) Albertson noted that the next meeting will be held at 5:00 p.m. on August 11. F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be held at 5:00 p.m. on August 12. G. Public Works Committee. (CFN-198) Ranniger noted that the next meeting will be held on August 18 at 5:00 p.m. H. Administration. (CFN-198) No report was given. ADJOURNMENT The meeting adjourned at 5:16 p.m. (CFN-198) r Brenda Jacober, CMC City Clerk i 1 r r r r r r 4 Kent City Council Meeting Date August 19, 2008 Category Consent Calendar - 6C 1 1. SUBJECT: 1ST HALF 2008 BUDGET ADJUSTMENT ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. for adjustments made between January 1, 2008, and June 30, 2008, totaling $12,213,824. This consolidates into one ordinance budget adjustments made between January 1, 2008 and June 30, 2008, as recommended by the Operations Committee. The adjustments total $12,213,824, including $11,236,463 previously approved by Council. The ordinance also includes a net increase of $977,361 not previously approved by Council. The increase is to authorize the expenditure of dedicated revenues already received, consistent with the terms for the dedicated sources. 3. EXHIBITS: Ordinance and Exhibit A 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: 1 ACTION: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the 2008 budget for adjustments made from January 1, 2008, to June 30, 2008. THE CITY COUNCIL OF THE CITY OF KENT WASHINGTON DOES 1 HEREBY ORDAIN AS FOLLOWS: SECTION 1. - BudaetAdiustment. The 2008 City budget is amended to include budget fund adjustments as summarized and set forth in Exhibit 1 "A," which is attached and incorporated by this reference. SECTION 2. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 3. - Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. 1 2008 Budget - First Half Adjustments SECTION 4. - Effective Date. This ordinance shall take effect and be ' in force five (5) days from and after its passage, approval and publication as provided by law. SUZETTE COOKE, MAYOR . ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: t TOM BRUBAKER, CITY ATTORNEY , PASSED: day of August, 2008. APPROVED: day of August, 2008. PUBLISHED: day of August, 2008. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by , the Mayor of the City of Kent as hereon indicated. SEAL BRENDA JACOBER, CITY CLERK 2 2008 Budget — First Half Adjustments e 13 City of Kent Budget Adjustment Ordinance Adjustments January 1, 2008 to June 30, 2008 Exhibit A Adjustment Fund Title Ordinance 001 General Fund 465,247 110 Street Fund 260,000 150 Capital Improvement Fund (340,000) 160 Criminal Justice Fund 257,153 180 Housing & Comm Dev Fund 28,546 190 Other Operating Projects Fund 364,800 310 Street Capital Projects Fund 9,334,413 320 Parks Capital Projects Fund 676,272 330 Other Capital Projects Fund (300,000) 340 Technology Capital Projects 0 350 Facilities Capital Projects 90,000 410 Water Operating Fund 1,018,449 440 Sewerage Operating 285,258 480 Golf Operating 9,385 510 Fleet Services Fund 9,042 540 Facilities Management Fund 55,259 Total Gross Budget Change 12,213,824 Less: Internal Service Funds 250,000 Other Transfers (32,750) Internal Transfers (287,750) Subtotal (70,500) Total Net Budget Change 12,143,324 ' Kent City Council Meeting Date August 19, 2008 Category Consent Calendar - 6D r 1. SUBJECT: DISPOSAL OF SURPLUS VEHICLES AND EQUIPMENT - AUTHORIZE t 1 2. SUMMARY STATEMENT: Authorize staff to surplus 11 vehicles and miscellaneous equipment described in the Public Works Director's memo of August 04, 2008. The listed vehicles/equipment comply with the current replacement policy guidelines and have been replaced. The equipment will be sold at auction or to smaller cities and agencies as needed. i 1 1 1 3. EXHIBITS: Public Works Memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? Revenue? Yes Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: 1 Councilmember moves, Councilmember seconds 1 DISCUSSION: ACTION: r PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 W A 5_H I N_G T O N_ Address: 220 Fourth Avenue S. Kent, WA 98032-5895 1 DATE: July 30, 2008 rTO: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: August 4, 2008 FROM: Ron Green, Fleet Manager Don Millett, Operations Manager THROUGH: Larry Blanchard, Public Works Director SUBJECT: Vehicle and Equipment Surplus Motion: I move to recommend Council authorize the Mayor to authorize staff to appropriately dispose of 11 vehicles and miscellaneous equipment as described in this memorandum. Veh. Year Make Mileage Reason for Disposal # 3198 1999 Ford Crown Victoria 101,523 High mileage & costs of repairs too hi h fora a of vehicle 3817 2004 Ford Crown Victoria 78,274 Vehicle totaled in an accident 3818 2004 Ford Crown Victoria 76,704 Suspension & drive train costs are re-occurring & costly 3819 2003 Ford Crown Victoria 77,404 Experiencing more electrical problems with every service 3802 2003 Ford Crown Victoria 92 987 High mileage and maintenance costs 3803 2003 Ford Crown Victoria 88,939 High mileage, history of electrical ' issues 8702 1995 Pontiac Grand AM 71,827 Maintenance cost are becoming cost prohibitive 8784 1998 Chevrolet Van 120,876 Excessive cost to repair considering age of vehicle 3116 1992 Ford Taurus 681502 Excessive cost per mile - poor overall condition 3112 1996 Dodge Stratus 831267 Excessive cost per mile-brake & battery issues 5404 1996 International 4700 65,333 Exceeds life expectancy engine repairs costly fora e of vehicle Miscellaneous Parts: Tires and wheels from motorcycles we no longer have, obsolete radio parts and equipment and an old defective shop air Compressor (engine rod -knocking). Summary: The listed vehicles/equipment comply with current replacement policy guidelines and have been replaced. The equipment will be sold at auction or to smaller cities and agencies as needed. U\PWCom m ittee\Acti on Page/20080/8 04 08Veh and Equipment surplus.doc Kent City Council Meeting Date August 19, 2008 Category Consent Calendar - 6E ' 1. SUBJECT: JASON ENGINEERING & CONSULTING CONTRACT, 2008 DOWNTOWN SIDEWALK IMPROVEMENTS - AUTHORIZE 1 2. SUMMARY STATEMENT: Authorize the Mayor to sign a consultant contract in the amount of $87,525 between the City of Kent and Jason Engineering & Consulting Business, Inc. for the purpose of providing materials testing and inspection services related to the 2008 Downtown Sidewalk Improvements Project, subject to approval of final terms and conditions by the City Attorney and the Public Works Director and subject to approval of the limited tax general obligation bonds. 3. EXHIBITS: Public Works Memorandum and Consultant Contract 4. RECOMMENDED BY: Public Works Committee (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: 5 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 _W_A ASH I N G T O N ----_ Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: July 31, 2008 ' TO: Chair Debbie Ranniger and Public Works Committee Members PW Committee Meeting Date: August 4, 2008 ' FROM: Peter Tenerelli, Construction Manager THROUGH: Larry Blanchard, Public Works Director SUBJECT: Consultant Contract w/Jason Engineering & Consulting for 2008 Downtown Sidewalk Improvements Motion: I move to authorize the Mayor to sign a consultant contract in the amount of $87,525 between the City of Kent and Jason Engineering & Consultant Business, Inc., for the purpose of providing materials testing and inspection services related to the 2008 Downtown Sidewalk Improvements Project, subject to concurrence of the ' City Attorney and the Public Works Director. Summary: Public Work Engineering is contracting for removal and replacement of Downtown Sidewalks. It is industry standard to have experts in concrete, asphalt and other construction materials to be on-call to provide consultant services to verify material quality and quantity as well as assist in the placement and inspection of such materials. This expertise and materials testing laboratory is not available from City of Kent personnel. City personnel (Senior Inspectors/Owner's Representatives) will direct and monitor the ' extent of the work of this consultant and assist in those inspection items that do not require the level of expertise, certifications and laboratory analysis required to complete this project. Staff recommends that the City enter into a contact agreement with Jason Engineering and Consultant Business Inc., for materials testing and inspection services for the 2008 Downtown Sidewalk Improvements Project in the amount of $87,525. ' Budget Impact: There is sufficient budget available for this contract. Exhibits: Contract U•\PWC\ActlonPage/2008/08 05 08 Consultant Agrmnt Jason Eng DT Sldewalks.doc • ' KENT WA'6MINOTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Jason Engineering & Consulting Business, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jason Engineering & Consulting Business, Inc. organized under the laws of the State of Washington, located and doing business at PO Box 181, Auburn, WA 98071, Phone: (206) 786-8645/Fax: (253) 833-7316, Contact: Jason Bell (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide testing and inspection services for the 2008 Downtown Sidewalk Improvements Project. For a description, see the Consultant's July 18, 2008 Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound ' region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by August 31, 2009. III. COMPENSATION. ' A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighty Seven Thousand, Five Hundred Twenty Five Dollars ($87,525.00) for the services described in this Agreement. This is the maximum amount to be paid ' under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) l submit month) payment invoices to the City for work ' B. The Consultant shall su y p y y performed, and a final bill upon completion of all services described in this , Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall 5e without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under t this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. CONSULTANT SERVICES AGREEMENT - 2 ' (Over$10,000) VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the tiLspes and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF :INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the 1 documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work •,hall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under tt:,� venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms 'Of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of th.-_� performance of those operations. I. Counterparts. Phis Agreement may be executed in any number of counterparts, each of which shall constitute.: an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jason Bell Larry R. Blanchard Jason Engineering & Consulting Business, Inc. City of Kent PO Box 181 220 Fourth Avenue South Auburn, WA 98071 Kent, WA 98032 (206) 786-8645 (telephone) (253) 856-5500 (telephone) (253) 833-7316 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department 1ECS-Downtown Sldewalk/Tenerelll CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The Cityof Kent is committed to conform to Federal and State laws regarding equal opportunity. 9 g q As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200—. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women, Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity i Policy that was part of the before-mentioned Agreement. Dated this day of , 200 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Jason Geotechnical Engineering Date: 07-18-2008 Engineering& Retaining Structures Project 2008 Downtown Consulting Project Management/Inspection Sidewalk Project#08-3003C Business,Inc. Pavement Design&Analysis File#•p08-036 CITY OF KENT 220-e Avenue S. Kent,WA 98032-5895 Re: Letter of Interest&Statement of Qualifications Project: 2008 Downtown Sidewalk Project,Kent##08-3003C Attn: Mr.Pete Tenerelli Construction Manager Gentlemen; JASON ENGINEERING would like to submit this letter of our interest and qualifications for providing geotechnical engineering and/or testing and inspection services.Our office is physically located in Auburn,from which we provide our services to job sites throughout the Puget Sound Region. JASON ENGINEERING is committed to providing our clients with timely services they can depend upon for accurate and professional results. We are a small company and concentrate on the clients to provide a professional, personalized, cost effective service, We strive to keep ahead through our sense of purpose and dedication in providing our clients with, personable services for the geotechnical engineering,construction inspection&testing industry. JASON ENGINEERING specializes in providing; ✓ Geotechnical Engineering(including Hazard Area ✓ Public works construction Inspector Support Regulation) and/or management services including materials ✓ Slope stability analysis testing and inspection. ✓ Erosion Control Inspection ✓ Special inspection,construction monitoring; ✓ Pavement deflection analysis and road design soils,asphalt,concrete,masonry ✓ Soils stabilization/enhancement ✓ Laboratory testing for construction materials ✓ Retaining wall,Earth walls,MSE wall designs ✓ Technical information reports(King County) ✓ Percolation testing ✓ Pile design recommendations ✓ Infiltration trench design Our experience in the geotechnical field and testing/inspection of construction materials is extensive, especially concerning soils,concrete and asphalt. Every person in our company is a Certified Erosion Control Lead. Also, we can provide certificates of insurance for Professional and/or General Liability Insurance. If you have any questions concerning the above items,the proposal as it is set forth,or if JASON ENGINEERING can be of any further assistance please call on us at(206)786-8645. Respectfully Submitted, JASON ENGINEERING &CONSULTING BUSINESS,INC J EC Bell,P.E. esident PO Box 181 Auburn WA.98071 Page 1 of 3 Phone:(206)-786-8645 Fax:(253)833-7316 Email:Jason@jasonengineer.com Jason Geotechnical Engineering Date: 07-18-2008 Engineering& Retaining Structures Project:2008 Downtown Consulting Project Management/Inspection Sidewalk Project#08-3003C Of Business,Inc. Pavement Design&Analysis File#:p08-036 Scope of Services, Exhibit A These rates will apply for the duration of the project and should provide all the testing and inspection requirements for your project:2008 Downtown Sidewalk Project,Kent#08-3003C -,- Attend preconstruction meetings. w- Provide onsite construction inspection and recommendations regarding construction materials as requested. " Observe placement and procedures. Provide density tests to confirm compaction and testing specification requirements. " Sample imported material to evaluate and confirm specification requirements. This includes laboratory testing for each material type encountered and/or imported to the site. Testing methods will be performed according to current applicable standards. Provide construction management including budget tracking,daily report summaries,field measurements,and pay estimate preparation. Provide miscellaneous professional services related to this project as directed by the Construction Manager. All of our construction management inspectors are qualified to perform the same tasks as the soils/asphalt/concrete inspector. Testing and inspection is typically performed by the same individual. Hours are broken down according to task in the fee schedule. Hourly rates include all test equipment for our services (there are no hidden extra costs involved). A Licensed P.E. reviews all reports and computer-generated copies are mailed to all parties on the project distribution list. This is an estimate and work performed over the estimated amount will be charged at time of material basis and at the given rates. s� The hourly rate is based upon portal-to-portal time. The hourly rates shown below are applicable for all work performed. A mileage charge of$1.00 per each round trip visit from the JECB main office to job site. There is a minimum charge of 2 hours for any inspection services (weekends are minimum 4 hours) and a minimum charge of 2 hours for any professional engineering services performed. An overtime rate of 1.5 times the hourly rate will be charge for all work in excess of the normal 8 hour working day,weekends and legal holidays. s� Equipment & materials will include equipment used by an inspector the field in the performance of their ' inspection duties. Prices are valid if accepted by December 31,2008. PO Box 181 Auburn WA.98071 Page 2 of 3 Phone:(206)-786-8645 Fax:(253)833-7316 Email:Jason@jasonengineer.com Jason Geotechnical Engineering Date: 07-18-2008 Engineering& Retaining Structures Prvject:2008 Downtown -ZT Consulting Project Management/Inspection Sidewalk Project#08-3003C t Business,Inc. Pavement Design&Analysis File#:p08-036 Schedule of Fees & Services, Exhibit B - 2008 INSPECTION SERVICES Unit Rate Item Total 925 Construction Management Inspector $58.00 per hour $53,650.00 150 Asphalt Inspection&Monitoring w/Densometer $58.00 per hour $8,700.00 200 Concrete Inspection&Monitoring $58.00 per hour $11,600.00 150 Soils Inspection&Monitoring w/Densometer $58.00 per hour $8,700.00 LABORATORY SERVICES Unit Rate Item Total 5 Asphalt,Ignition&Gradation $150.00 each $750.00 5 Asphalt,Rice Specific Gravity $85.00 each $425.00 50 Concrete,Cylinders $20.00 each $1,000.00 5 Soil,Fracture Count $75.00 each $375.00 Soil,Moisture Content $25.00 each 5 Soil,Proctor(Standard or Modified) $150.00 each $750.00 Soil,Sand Equivalent Test $75.00 each 5 Soil,Sieve Analysis with#200 wash $125.00 each $625.00 Soil,Unit weight $40.00 each GEOTECHNICAL/PROFESSIONAL SERVICES Unit Rate Item Total 10 Professional Engineering Services $95.00 per hour $950.00 OTHER 50 Mileage(portal to portal=50miles round trip per visit) $1.00 per mile $50.00 Overtime,1.5 times hourly rate a $87.00 per hour Equipment&Materials Costs Cost+15% Reimbursable Expenses Cost+15% Subconsul Cants Cost+15% Estimated Project Total: $87,525.00 PO Box 181 Auburn WA.98071 Page 3 of 3 Phone:(206)-7W$645 Fax:(253)833-7316 Email:Jason®jasonengineer.com EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Auto[Dobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an ' insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: i I EXHIBIT C (Continued) 1. Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. EXHIBIT C (Continued) F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. i ,i i 1 I I 1 1 i t Kent City Council Meeting Date August 19, 2008 Category Consent Calendar - 6F 1. SUBJECT: AMENDED AND RESTATED LEVEE EASEMENT AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Amended and Restated Levee Easement Agreement and all other related agreements, subject Ito final terms and conditions acceptable to the City Attorney. This Amended and Restated Levee Easement Agreement is to amend the I original Easement Agreement, recorded under King County Recording No. 20080513001810, to grant certain permanent and temporary easement rights at the golf course to the King County Flood Control Zone District so that I agency could certify the right of way to the Army Corps of Engineers for restoration of the Narita and Meyers Golf Course Levees. The amendment is to expand the easement to include a portion of the driving range which was not originally included, but upon later consideration of the construction plans became necessary. The amendment also accounts for compensation for the additional lost revenue. The levee restoration work is currently underway. 3. EXHIBITS: Amended and Restated Levee Easement Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) j5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: After Recording Return To: Property Management City of Kent 220 Fourth Avenue Kent, Washington 98032 AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Grantor: City of Kent, a Washington municipal corporation Grantee: King County Flood Control Zone District, a Washington quasi-municipal corporation Legal Description: Abbreviated Form: Ptn. Gov. Lots 3, 4, and 5; 23-22-4E Additional Legal Description on: Exhibits A and B of document Assessor's Property Tax Parcel Account Number(s): 2322049010-02; 2322049011-01 Project Name: Meyers Golf and Narita Levees NOTE: This AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT amends the instrument that was recorded May 13, 2008 under recording number 20080513001810. This is being executed and recorded solely for the purpose of amending the legal description for the permanent easement area to include land for additional easement area located within the driving range facility as shown approximately on Exhibit C, which is owned and operated by the City of Kent, and for establishing the basis for consideration for the additional easement area in the form of compensation for lost revenues. jAMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 1of17 AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT FOR MEYERS GOLF AND NARITA LEVEES THIS AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT ("Agreement") is entered into on the last date signed below by and between the Parties, the CITY OF KENT, a Washington municipal corporation ("Grantor"), and the KING COUNTY FLOOD CONTROL ZONE DISTRICT ("Grantee"), a Washington quasi-municipal corporation duly organized under Chapter 86.15 of the Revised Code of Washington, with reference to the following facts: RECITALS A. The purpose of this Agreement is to establish the terms for conveyance to Grantee of perpetual and temporary easement interests in 20.20 acres of certain real property owned by Grantor, more particularly described in Exhibit A and Exhibit B hereto. j B. Grantee seeks the easements for the purpose of effecting repairs, restoration, inspection, and maintenance of the Meyers Golf and Narita Levees (Work) on property owned by the Grantor. C. To accomplish the Work, it is necessary for Grantee to acquire perpetual easement interests to establish the new slopes for the levee and to inspect and maintain the levee, and temporary interests for use during construction. D. The easement rights will encroach upon two tax parcels of Grantor's property used as part of the Riverbend Golf Course Complex (Golf Course), owned and operated by Grantor's Department of Parks, Recreation, and Community Services as an Enterprise Fund facility. The Riverbend Golf Course is the most played public course in the Pacific Northwest and is a significant recreational resource for the City of Kent and the region. It is of critical importance to Grantor that the conveyance of property interests and the work do no irreparable physical or fiscal harm to the Golf Course. E. The Golf Course has not been appraised under either a replacement value or fair market value (as zoned commercial) theory. The two referenced tax parcels consist of 149.72 acres with a King County tax assessed value of Nine Million Four Hundred and Forty-Three Thousand One Hundred Dollars ($9,443,100.00) (rounded) as improved, also expressed as Sixty Three Thousand Dollars ($63,000.00) (rounded) per acre or approximately One Million Two Hundred Sixty Thousand Dollars ($1,260,000.00) for the perpetual easement conveyed. AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 2of17 F. During the construction phase of the Work, Grantor's eighteen hole Golf Course will be significantly damaged, such impacts to be partially mitigated by the temporary operation as a nine-hole Golf Course. G. After partial completion of the Work, Grantor will be able to reconfigure its Golf Course to eighteen holes at a cost of approximately One Million Nine Hundred Twenty-Eight Thousand Eight Hundred Dollars ($1,928,800.00) as detailed by the architect's estimate, Exhibit D. H. Damages to the remainder during the Work when the Golf Course will operate with nine holes cannot be specifically ascertained in advance, but such damages are estimated as shown on Exhibits E and F, which exhibits also illustrate the methodology for calculating lost revenues based on historic performance. Based upon the Foregoing, the Parties Hereby Enter into the Following: AGREEMENT 1. All of the foregoing Recitals are hereby ratified. 2. The Parties hereto enter into this Agreement under the authority conferred by Chapter 86.15 RCW, which provides for the voluntary acquisition of municipal properties by flood control zone districts. 3. Grantor, in consideration of mutual benefits and other consideration, hereinafter described, hereby grants and conveys to the Grantee the following easements for the purposes set forth herein, under, over and upon the real property described in Exhibits A and Exhibit B attached hereto and situate in King County, Washington: a. Flood Protection Levee Easements. A perpetual right and easement in favor of Grantee in the land described in Exhibit A to construct, maintain, repair, operate, and replace a flood protection levee, including all appurtenances thereto; reserving, however, to the Grantor its heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however to existing easements for public roads and highways, public and private utilities, railroads, and pipelines, together with an additional fifteen (15) feet contiguous to and upland of the levee, as constructed, for purposes of maintenance, repair, patrol and inspection; reserving, however, to Grantors, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights of the additional fifteen (15) feet contiguous to and upland of easement hereby acquired. AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 3 of 17 b. Temporary Work Area Easements. Temporary and assignable rights in favor of the Grantee, in, on, over, and across the land described in Exhibit B for a period not to exceed two (2) years from the date of execution of this Agreement, for the purpose of a work area, including the right to borrow and/or deposit fill material thereon, move, store, and remove equipment and supplies, erect and remove temporary structures on the land, and to perform any other work necessary and incident to the construction of a Flood Protection Levee, together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, and other obstructions, structures, or obstacles within the limits of the Temporary Work Easement; reserving, however, to the Grantors, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights of the easement hereby acquired. 4. If in the use of the easements granted above, the Grantee causes damages to other property of the Grantor or causes damage to the easement areas as a result of activity that is not permitted by the easements, Grantee shall repair replace and restore such damages at Grantee's sole expense. 5. The Parties agree that the Golf Course is most closely analogous to an irreplaceable special use facility and that consideration for conveyance of the perpetual and temporary easements and damages will be the actual cost of restoration and the actual operation losses during the period of construction. 6. Therefore, Grantee shall reimburse Grantor for the reasonable, actual costs of reconfiguration and reconstruction in accord with the following procedure: a. Grantor shall submit the contract plans and specifications for Grantee's approval, such approval not to be unreasonably delayed or withheld. b. Grantee shall reimburse Grantor for the total project cost of the reconfiguration and restoration which shall include design, contract construction cost, sales tax, legal costs, permit fees, utility restoration costs and inspection costs. Reimbursement shall include contract costs due to changes and amendments, provided that Grantee is given written notice of any such change or amendment in excess of ten thousand dollars ($10,000.00) and the opportunity to comment on and provide input to any changes, amendments, or resolution of any claims related to any contracts associated with the restoration project. Grantee shall provide its comments and input within five (5) business days of submittal by Grantor. It is understood and agreed that any verified claims for damages for delay and associated costs resulting solely from this comment and input process shall be reimbursable expenses. In the event of a dispute between the parties over the matters ` AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 4 of 17 addressed in this subparagraph, 6.b., the provisions of paragraph 12 shall apply. C. Costs incurred prior to the execution of this Agreement shall by reimbursed in the initial payment. d. Payment shall be made to Grantor, at its sole option, either monthly or bi-monthly within thirty (30) days of receipt by Grantee of properly documented invoices. e. Grantee reserves the right to an independent audit of the invoices and supporting materials. 7. Grantor agrees to mitigate further damages to the remainder by operating as a nine hole Golf Course for the period necessary to reconfigure to eighteen holes, with the understanding that the timing of the reconfiguration is dependent upon Grantee's construction schedule for the levee Work. 8. Grantee agrees that compensation for lost revenue during the period of reduced operation is analogous to market rent for the period of possession and use during construction and shall reimburse Grantor for actual losses_ Such costs shall be billed to Grantee monthly with payment due within thirty (30) days. Grantor shall provide to Grantee on its billings total revenue figures for monthly periods when operation is reduced due to the Work and/or Golf Course reconfiguration and associated construction. Actual losses will be calculated as the difference between total actual revenue and projected average total revenue for each monthly period as estimated on Exhibits E and F Grantee agrees with and accepts the methodology for determining lost revenues and reserves the right to an independent audit of the invoices and supporting materials. 9. Each party agrees to indemnify and hold harmless the other for its own negligence for activities carried out under this Agreement. 10. Solely for the purpose of enforcing the indemnification provision above, each party expressly waives its immunity under Title 51 of the Revised Code of Washington; provided, that such waiver shall not preclude the indemnifying party from raising such immunity as a defense against any claim brought against the indemnifying party by any of its employees. 11. Each party recognizes that the other is self-insured and accepts such coverage for liability arising under this agreement. Should Grantee choose not to self-insure, Grantee shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence with an additional excess AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 5 of 17 liability policy of not less than Ten Million Dollars ($10,000,000.00) and provide Grantor with a Certificate of Insurance and additional insured endorsement that will name Grantor and its successors and assigns as Additional Insureds. 12. The parties will seek to resolve any disputes under this Agreement as follows: a. For disputes involving cost reimbursements, submittal of all relevant information to an independent Certified Public Accountant and/or a Construction Claims Consultant, if agreed upon by the parties, for a non- binding opinion as to responsibility. b. If the foregoing does not result in resolution and for all other disputes, the parties may mutually select any informal means of resolution and resort will otherwise be had to the Superior Court for King County at the Regional Justice Center in Kent, Washington. C. Each party shall be responsible for its own costs and attorneys fees. 13. This Agreement represents a full recitation of the rights and responsibilities of the parties and may be modified only in writing and upon the consent of both parties. 14. This Agreement shall be effective upon the date of full execution at which date the payment set forth in Paragraph 6 shall be due and owing. 15. The rights, conditions, covenants, and provisions contained in this Easement Agreement shall inure to the benefit of and are binding on the parties hereto and their respective successors and assigns and shall run with the land. 16. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the address stated below or such other address as may be hereafter specified in writing: If to Grantor: If to Grantee: Jeff Watling, Director Theresa Jennings, Director g , City of Kent Parks, Recreation, King County, DNRP And Community Services 201 South Jackson St. t AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 6 of 17 220 - 4ch Avenue South Suite 700 Kent, WA 98032 Seattle, WA 98104-3855 17. The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, which shall become effective on the last date signed below. GRANTOR: GRANTEE: CITY OF KENT KING COUNTY FLOOD CONTROL ZONE DISTRICT By. Suzette Cooke, Mayor By: Theresa Jennings, Director King County Dept. of Natural Resources and Parks on behalf of the King County Flood Control Zone District Acting pursuant to Resolution No. of said Grantee APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Assistant City Attorney Counsel for King County Flood City of Kent Control Zone District Notary Acknowledgements Appear on Following Page AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 7 of 17 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the King County Flood Control Zone District as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. r NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 8of17 Exhibit A Permanent Easement Area A permanent easement over all those portions of Government Lot 3, Section 22, Township 22 North, Range 4 East, W.M. and Government Lots 1, 2, 3, 4 and 5 of Section 23, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the north section corner of said Section 23, from which point the northeast section corner bears S88059'28"E 2634.43 feet distant; thence N89005'24"W, along the north line of the northwest quarter of said Section 23, a distance of 925.47 feet to the west margin of Russell Road (also known as John Downey Road Number 722 and also known as 54th Place South); and the TRUE POINT OF BEGINNING of the herein described tract: thence continuing N89005'24"W, along the north line of said northwest quarter 38.23 feet, more or less, to the line of ordinary high water on the east bank of the Green River (also known as the White River); thence generally southwesterly along the line of ordinary high water to its intersection with the north margin of Meeker Street (also known as Kent Des Moines Road and also known as George W. Peck Road Extension Number 1070); the ordinary high water mark being approximately described as follows: thence S24011'00"E 1.83 feet; thence S11040'00"E 89.00 feet; thence S11019'00"W 41.00 feet; thence S02025'00"E 55.00 feet; thence S08000'00"W 57.00 feet; thence S17018'00"W 62.00 feet; thence S23022'00"W 43.00 feet; thence S43059'00"W 20.00 feet; thence S29023'00"W 44.00 feet; thence S37023'00"W 76.00 feet; thence S45057'00"W 42.00 feet; thence S50008'00"W 53.00 feet; thence S46019'00"W 32.00 feet; thence S54021'00"W 70.00 feet; thence S62042'00"W 66.00 feet; thence S65004'00"W 63.00 feet; thence S71005'00"W 65.00 feet; thence S87053'00"W 48.00 feet; thence N89042'00"W 75.00 feet; thence N75009'00"W 31.00 feet; thence N69026'00"W 111.00 feet; thence N63003'00"W 64.00 feet; thence N66057'00"W 105.00 feet; thence N65022'00"W 88.00 feet; thence N78059'00"W 95.00 feet; thence N88032'00"W 78.00 feet; thence S86030'00"W 57.00 feet; thence N84024'00"W 38.00 feet; thence S83038'00"W 47.00 feet; thence N83033'00"W 40.00 feet; thence N89025'00"W 48.00 feet; thence S84014'00"W 112.00 feet; thence S84005'00"W 59.00 feet; thence S76026'00"W 44.00 feet; thence S68046'00"W 94.00 feet; thence S55042'00"W 28.00 feet; thence S49056'00"W 101.00 feet; thence S42027'00"W 45.00 feet; thence S28026'00"W 45.00 feet; thence S37058'00"W 50.00 feet; thence Exhibit A - Legal Description for Permanent Easement Area AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 9of17 S27017'00"W 50.00 feet; thence S02058'00"W 24.00 feet; thence S31013'00"W 63.00 feet; thence S30030'00"W 61.00 feet; thence S24052'00"W 72.00 feet; thence S20000'00"W 42.00 feet; thence S12021'00"W 49.00 feet; thence S03045'00"W 36.00 feet; thence S07002'00"E 69.00 feet; thence S15116'00"E 66.00 feet; thence S27021'00"E 55.00 feet; thence S37019'00"E 71.00 feet; thence S42021'00"E 57.00 feet; thence S47020'00"E 64.00 feet; thence S52007'00"E 52.00 feet; thence S55009'00"E 104.00 feet; thence S50013'00"E 56.00 feet; thence S51034'00"E 102.00 feet; thence S48019'00"E 106.00 feet; thence S52006'00"E 54.00 feet; thence S43038'00"E 81.00 feet; thence S51057'00"E 106.00 feet; thence S46025'00"E 57.00 feet; thence S45051'00"E 54.00 feet; thence S29048'00"E 42.00 feet; thence S30026'00"E 49.00 feet; thence S33049'00"E 54.00 feet; thence S26026'00"E 52.00 feet; thence S21013'00"E 44.00 feet; thence S17003'00"E 33.00 feet; thence S05035'00"E 29.00 feet; thence S03015'00"E 52.00 feet; thence S01003'00"E 38.00 feet; thence S00042'00"E 61.00 feet; thence S14051'00"W 25.00 feet; thence S16006'00"W 28.00 feet; thence S18040'00"W 41.00 feet; thence S24051'00"W 36.00 feet; thence S24059'00"W 54.00 feet; thence S15000'00"W 45.00 feet; thence S18024'00"W 82.00 feet; thence S16031'00"W 139.00 feet; thence S03042'00"W 49.00 feet; thence S04026'00"E 19.00 feet; thence S04003'00"E 18.99 feet to the northwesterly margin of aforesaid Meeker Street and a point hereinafter referred to as point "A"; thence N65039'05"E, along said northwesterly margin, 163.52 feet; thence leaving said northwesterly margin, N28012'40"W 24.95 feet; thence N04055'05"E 88.22 feet; thence N18017'44"E 130.90 feet; thence N21000'55"E 268.92 feet; thence N00°00'00"E 71.00 feet; thence N14022'53"W 120.78 feet; thence N21002'15"W 55.71 feet; thence N30024'44"W 203.28 feet; thence N44035'37"W 241.31 feet; thence N49038'34"W 58.88 feet; thence N47046'12"W 204.60 feet; thence N51009'55"W 193.87 feet; thence N54009'38"W 158.14 feet; thence N47024'31"W 46.40 feet; thence N38032'53"W 79.39 feet; thence N27044'29"W 66.85 feet; thence N16022'09"W 24.32 feet; thence N03039'21"W 43.67 feet; thence N08009'41"E 12.43 feet; thence N24049'10"E 85.47 feet; thence N29021'43"E 116.71 feet; thence N26009'19"E 122.90 feet; thence N36001'51"E 53.92 feet; thence N49016'59"E 90.07 feet; thence N62056'25"E 52.28 feet; thence N72006'08"E 59.03 feet; thence N82050'41"E 80.74 feet; thence N87024'52"E 124.05 feet; thence N89058'16"E 95.12 feet; thence S88047'35"E 144.16 feet; thence Exhibit A - Legal Description for Permanent Easement Area AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 10 of 17 S82059'07"E 48.61 feet; thence S72011'48"E 43.39 feet; thence S68007'56"E 66.29 feet; thence S65056'46"E 139.64 feet; thence S67011'28"E 120.01 feet; thence S71047'12"E 57.99 feet; thence S83029'52"E 47.93 feet; thence N88037'33"E 109.27 feet; thence N74044'18"E 101.55 feet; thence N65003'41"E 132.70 feet; thence N54000'16"E 149.79 feet; thence N45055'49"E 140.02 feet; thence N35044'29"E 133.34 feet; thence N20043'44"E 79.20 feet to the westerly margin of aforesaid Russell Road; thence along said westerly margin N19040'24"W 70.69 feet; thence continuing along said westerly margin N09003'24"W 257.95 feet to the TRUE POINT OF BEGINNING. And commencing at aforementioned point "A"; thence S03058'35"W 170.40 feet, more or less, to the intersection of the line of ordinary high water on the east bank of the Green River (also known as the White River) with the southeasterly margin of aforesaid Meeker Street and the TRUE POINT OF BEGINNING; thence N65039'05"E, along said southeasterly margin, 254.50 feet; thence S46006'25"W 144.72 feet; thence S07017'35"E 144.29 feet; thence S11047'38"E 77.75 feet; thence S22041'49"E 54.79 feet; thence S30035'34"E 50.95 feet; thence S32004'35"E 69.38 feet; thence S28052'25"E 36.99 feet; thence S42057'19"E 79.29 feet; thence S4902141"E 25.16 feet; thence S55043'21"E 34.48 feet; thence S62008'35"E 32.25 feet; thence S65047'25"E 46.62 feet; thence S82013'22"E 115.77 feet; thence N77013'10"E 62.81 feet; thence N72046'26"E 46.21 feet; thence N67050'48"E 58.55 feet; thence N58054'25"E 49.42 feet; thence N53042'55"E 54.13 feet; thence N50039'54"E 60.16 feet; thence N53013'55"E 69.69 feet; thence N51001'13"E 103.75 feet; thence N50057'48"E 89.68 feet; thence N54007'35"E 71.86 feet; thence N55032'16"E 55.04 feet; thence N60028'52"E 87.89 feet; thence N59044'53"E 85.54 feet; thence N59031'26"E 87.05 feet; thence N69014'18"E 179.30 feet; thence N75019'53"E 60.14 feet; thence N78012'50"E 367.68 feet; thence N76058'54"E 86.72 feet; thence N64045'50"E 65.03 feet, more or less, to the westerly margin of aforesaid Russell Road, said point being hereinafter referred to as point "B"; thence S11007'59"E, along said westerly margin, 122.66 feet, more or less, to the line of ordinary high water on the north bank of said Green River; thence generally southwesterly and northwesterly along the line of ordinary high water to its intersection with the north margin of aforesaid Meeker Street, the ordinary high water mark being approximately described as follows: thence S63019'00"W 5.20 feet; thence S62036'00"W 31.00 feet; thence S77045'00"W 72.00 feet; thence S76034'00"W 58.00 feet; thence S7 0 thence 5 17 00 W 90 0 feet, thence 580 07 00 W 91.00 feet, he ce S77047'00"W 112.00 feet; thence S78055'00"W 75.00 feet; thence Exhibit A - Legal Description for Permanent Easement Area AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 11 of 17 S71022'00"W 75.00 feet; thence S70021'00"W 55.00 feet; thence S58035'00"W 61.00 feet; thence S70035'00"W 64.00 feet; thence S57056'00"W 65.00 feet; thence S63049'00"W 61.00 feet; thence S60008'00"W 49.00 feet; thence S60013'00"W 38.00 feet; thence S52049'00"W 87.00 feet; thence S55031'00"W 58.00 feet; thence S45058'00"W 81.00 feet; thence S52007'00"W 63.00 feet; thence S56005'00"W 72.00 feet; thence S51001'00"W 76.00 feet; thence S55019'00"W 57.00 feet; thence S60008'00"W 69.00 feet; thence S66018'00"W 61.00 feet; thence S76028'00"W 64.00 feet; thence S80037'00"W 61.00 feet; thence S86030'00"W 60.00 feet; thence N89045'00"W 48.00 feet; thence N71052'00"W 40.00 feet; thence N64048'00"W 61.00 feet; thence N63044'00"W 43.00 feet; thence N59007'00"W 55.00 feet; thence N51031'00"W 58.00 feet; thence N48039'00"W 56.00 feet; thence N40053'00"W 62.00 feet; thence N40022'00"W 50.00 feet; thence N38043'00"W 58.00 feet; thence N34000'00"W 54.00 feet; thence N29051'00"W 44.00 feet; thence N24015'00"W 51.00 feet; thence N00056'00"W 59.00 feet; thence N02053'00"E 40.00 feet; thence N01024'00"W 70.00 feet; thence N01056'00"W 39.00 feet; thence N06056'00"W 34.72 feet to the TRUE POINT OF BEGINNING. Together with an easement for access to and inspection of the above described lands, over a strip of land, 15.00 feet in width, contiguous to and upland of the above described parcels; Except any portions thereof lying within the Colony Park Condominium, as recorded in Volume 31 of Condominiums, pages 55 through 57, records of King County. 1 j Exhibit A - Legal Description for Permanent Easement Area AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 12 of 17 Exhibit B Temporary Construction Easements A temporary construction easement over a portion of Government Lot 3, Section 23, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the north section corner of said Section 23, from which point the northeast section corner bears S88059'28"E 2634.43 feet distant; thence S37018'38"W 3570.57 feet to that certain point referred to as point "A' in Exhibit A to this Agreement and recorded together with this Exhibit B, thence N65039'05"E, along the northwesterly margin of Meeker Street (also known as Kent Des Moines Road and also known as George W. Peck Road Extension Number 1070), 163.52 feet; thence leaving said northwesterly margin, N28012'40"W 24.95 feet; thence N04055'05"E 88.22 feet; thence N18017'44"E 130.90 feet; thence N21000'55"E 142.44 feet to the TRUE POINT OF BEGINNING; thence continuing N21000'55"E 126.48 feet; thence N00°00'00"E 71.00 feet; thence N14022'53"W 120.78 feet; thence S38013'47"E 230.92 feet; thence S51046'13"W 201.47 feet to the TRUE POINT OF BEGINNING; Together with a temporary construction easement over a portion of Government Lot 5, Section 23, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the north section corner of said Section 23, from which point the northeast section corner bears S88059'28"E 2634.43 feet distant; thence S01023'18"W 2840.88 feet to that certain point referred to as point "B' in Exhibit A to this Agreement and recorded together with this Exhibit B, and the TRUE POINT OF BEGINNING; thence S64045'50"W 65.03 feet; thence S76058'54"W 76.97 feet; thence N11007'59"W 420.14 feet; thence N78052'01"E 140.00 feet to the westerly margin of Russell Road (also known as John Downey Road Number 722 and also known as 54t" Place South); thence S11007'59"E, along said westerly margin, 401.76 feet to the TRUE POINT OF BEGINNING. I Exhibit B - Legal Description for Temporary Construction Easement Area AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 13 of 17 Exhibit C Aerial Photograph with Overlay GOLF DRIVING RANGE ADDITIONAL EASEMENT AREA Exhibit C - Ariel Photograph with Overlay AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 14 of 17 r Exhibit D Estimated Construction Costs, Riverbend Golf Complex 18 Hole Golf Course Renovation Preliminary Estimated Construction Cost Green River Levee Project 13-Mar-08 Prepared by John Steidel,Golf Course Architect and Original Course Designer of Riverbend Golf Course Renovation of Holes 4 through 9 which are impacted by the Levee Project. $1,800,000 Work is describes as renovating and remodeling the existing Riverbend 18 Hole Golf Course to accommodate the relocation of the Green River Levee and is described as but not limit to, Hole No 4-Relocation of the fairway,reconstruction of the fairway bunkers,addition of greenside bunkering and screening, modifications to the existing irrigation system,and relocation of the cart path Hole No 5-Relocation of the tee,fairway,green,screening,new irrigation,and relocation of the cart path. 1 Hole No.6-Relocation of the existing tee and green,relocation of the existing fairway,shaping and remodeling of the approach, reconstruction of existing fairway bunkers,modification to the existing irrigation system,protective screening,and relocation of the cart path Hole No. 7-Relocation of existing tee,relocation and remodeling of fairway bunkering,addition of approach bunkering, modifications to the existing irrigation system,and relocation of the cart path in the tee area. Hole No.8-Relocation of the tee,fairway,green and greenside bunker, new irrigation,and relocation of the cart path. IHole No.9-Relocation of the tee, relocation and modification of existing Fairway bunkering,modification to the existing irrigation system,and relocation of the cart path. Meeting and Consulting Fees $10,000 Architectural and Engineering Design Fees $118,800 Preliminary Estimated Construction Cost $1,928,800 Exhibit D - Estimated Construction Costs AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 15 of 17 r % O O O O O N 00 Q o ' o rn o o rn F_ O OD LO N O (n N Cl) O O (O N � r O (NO 7 F- O EA (R N 693 E9 lA ER co d O M N 0co a CN WCD N CO & EA V) Nt N lA EA 04 > O co LQ O OD (( Z C') a) to N (O Cl) N _ r (vj fA (f3 �T NA LO WA a) 003 t 00 (O O W I 04 O O- 3.'�� O N M "t N 0 (O --_ EPr V3Lf) co = H3 fA c ;3 LO � O Cl) Cl) 0 Lc) 00 (Nn lu LO LOOD n n 00 - ('M co CD�` M CNco EA N EH ;' EA Ef3 Ef? N ° a0 M 00 OCOOU')(O a) y t (� M .xr 00 O M CO V N N N COO N (D :,`' CO O N W ell (f3 N co o O O 1- O N (Of) N J Cl N � W (O L O ' V L d` M O tf)N M N W +J U µ... lL c O N CNO 00 (�O COO LO Z O 00 (C) (n 00 O N N O O N V N N X M't coEi} N r` = 00 a7 fR 04 V>U91 - � � UI V,J L J ° 3 O N N N N r- am 17 d' O � _ O W M L CO O ' U W yN NEi. N!� N 61> E �2 N OO lA M �,`��- CO s O �" n V O O 7 (n d o �- 00 M o-, -s N (0 L Z W (O ,ri s_ a) co C C. o � W Q � ' `� � Cl i» ifl i� W rn r.- � v 0 3 a O Q CL Q o (O Lq M} N M O W E COO O � HT O N» Cl) 00 W JJ LU C f rn V rn co rn M .E J Wap '' s M n ti (n to M U LL 00 '13 LO (O N (O O '� 'cY ;° (D Z ull � � U') � � r E ° LU v�i a cocoto � a M o Ems ~ U Z to V ti M N Z 0 N LO LU * I EA ER �': (M� w L� oLU Ln 1 V C d +'' 7 o Q 0) m N-. (� O lL d O. = > 'O M 'C_ N W UJ 0 O O L m _ O 3 � L d�- d �o E F- kD C O r-' 'Oa,> p O d W fu W Co Exhibit F Estimated Lost Driving Range Revenues 1 Date Range: Historical Revenue Data: AT Tel Daily 1 2008 2008 Daily 9/1 -9/15 2004 2005 2006 2007 Averse:= Averse Projected Ave. Driving Range $19,067 $20,353 $18,212 $19,731 `E $19,341 $1,289 $20,000 $1,333 Lessons $5,595 $5,005 1 $6,305 $4,735 �,j $5,535 ' $369 . $5,000 $333 Miniature Golf $2,932 $3,284 $2,869 $2,964 $3,013 ;;`? $201 $3,000 $200 Divot Cafe $1,798 $1,794 $1,449 $1,172 M` $1,553 ��`' $104 $1,500 $100 Total $29,392 $30,436 $28,835 $28,602 $29,442 $1,963 $29,500 $266 i 1 1 Exhibit F - Estimated Lost Driving Range Revenues AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 17 of 17 Kent City Council Meeting Date August 19, 2008 Category Consent Calendar - 6G 1. SUBJECT: COUNTYWIDE PLANNING POLICY AMENDMENT, ANNEXATION AREA RESOLUTION - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. ratifying the proposed amendments to the Countywide Planning Policies (CPP) approved under County Growth Management Planning Council Motion Nos. 07-1, 07-2, 07-4, 08-1, 08-2, 08-3 and 08-4, amending the Interim Potential Annexation Area Map and CPP LU-31 and LU-32. I 1 t 3. EXHIBITS: Resolution, Staff memo dated 8/6/08 with attachments 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 11 1 COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director • PLANNING SERVICES K E N T Charlene Anderson,AICP, Manager W A 5 H I N G T O N _ __ -- Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 August 6, 2008 To: Chair Elizabeth Albertson and Planning & Economic Development Committee Members From: Charlene Anderson, AICP, Planning Manager Subject: Countywide Planning Policies - Amendment King County Council Ordinance No. 16151 MOTION: I move to recommend/not recommend to the full Council ratification of amendments to the Countywide Planning Policies approved under GMPC Motions Nos. 07-1, 07-2, 07-4, 08-1, 08-2, 08-3 1 and 08-4 amending the Interim Potential Annexation Area Map and CPP Policies LU-31 and LU-32. SUMMARY: The adoption of countywide planning policies is required under the State Growth Management Act (GMA), pursuant to RCW 36.70A.210. The Countywide Planning Policies (CPPs) provide a framework for Kent and other cities in King County to conduct planning under the requirements of GMA. This framework ensures that city and county comprehensive plans are consistent. On June 23, 2008, the Metropolitan King County Council approved and ratified an amendment that had been approved by the Growth Management Planning Council (GMPC) amending the Interim Potential Annexation Area Map in several areas. Now the amendment is presented to jurisdictions in King County for ratification. BUDGET IMPACT: None BACKGROUND: The City of Kent ratified the original CPPs on September 15, 1 1992, with Resolution No. 1326 and ratified Phase II amendments to the CPPs on November 16, 1994. Over the years, the City has ratified other proposed amendments. Through the Growth Management Planning Council (GMPC), jurisdictions within King County work together to plan for economic and population growth in King County, including consideration of CPPs. The Countywide Planning Policies become effective when ratified by ordinance or resolution of at least 30 percent of the city and county governments representing 70 percent of the population of King County according to the established Interlocal Agreement. A city will be deemed to have ratified the amendments to the CPPs unless the city takes legislative action to disapprove the amendments within 90 days of adoption by King County, which in this case is September 19, 2008. r 12 The following GMPC motions to amend the CPPs was approved and ratified by the full County Council on June 23, 2008. GMPC Motion No. 07-1: Amends the Interim Potential Annexation Area Map for the City of Sammamish GMPC Motion No. 07-2: Amends the Interim Potential Annexation Area Map to include North Highline as an area claimed by more than one city as a PAA. GMPC Motion No. 07-4: Amends the Interim Potential Annexation Area Map for the City of Covington. GMPC Motion No. 08-1: Amends the Interim Potential Annexation Area Map for the City of Milton and the City of Federal Way. GMPC Motion No. 08-2: Amends the Interim Potential Annexation Area Map for the City of Kirkland and the City of Redmond. GMPC Motion No. 08-3: Amends the Interim Potential Annexation Area Map to add the City of SeaTac as one of the cities claiming North Highline in its PAA. GMPC Motion No. 08-4: Amends Policies LU-31 and LU-32 to provide a mechanism for a city to move forward with the annexation of all or a portion of North Highline. CA\pm :S:�Permit\P/an\COMP PLAN AMENDMENTS�2008�CountywidePlanningPolicies\cpppedc081108.doc Eric: Draft Resolution, 7/15/2008 letter from Metropolitan King County Council including Ordinance 16151, GMPC Motions Nos. 07-1, 07-2, 07-4, 08-1, 08-2, 08-3 and 08-4; 7/17/08 email from Scott Greenberg (City of Bunen) cc: Fred N. Satterstrom, AICP, C.D Director ' Charlene Anderson, Planning Manager Project File"Misc." 1 PEDC Meeting August 11, 2008 CPP-Amendment Page 2of2 r r RESOLUTION NO. rA RESOLUTION of the City Council of Kent, Washington, regarding King County Countywide Planning Policies adopted by the Metropolitan King County Council pursuant to the Growth Management Act amending the Interim Potential Annexation Area Map and CPP Policies LU-31 and LU-32. RECITALS A. Pursuant to RCW 36.70A.210, the Growth Management Act requires the adoption of Countywide Planning Policies (CPP) to provide a countywide framework from which local comprehensive plans are to be developed. King County, the City of Seattle, and the incorporated suburban cities and towns in King County established a process for the development, adoption, and I ratification of Countywide Planning Policies by an interlocal agreement. This agreement established the Growth Management Planning Council (GMPC), a group consisting of elected officials from King County, suburban cities, and the City of Seattle, who were authorized to develop a set of recommended Countywide Planning Policies for consideration by the King County Council. B. On June 23, 2008, the GMPC voted to pass amendments to the Countywide Planning Policies as provided below that amend the Interim Potential Annexation Areas Map and amend CPP LU-31 and LU-32: 1. Adopting amendments to the Countywide Planning Policies r amending the Interim Potential Annexation Area Map for the City of Sammamish (GMPC Motion 07-1); 2. Adopting amendments to the Countywide Planning Policies amending the Interim Potential Annexation Area Map to 1 Countywide Planning Policy Amendments - 2008 r include North Highline as an area claimed by more than one city as a PAA (GMPC Motion 07-2); 3. Adopting amendments to the Countywide Planning Policies amending the Interim Potential Annexation Area Map for the City of Covington (GMPC Motion 07-4); 4. Adopting amendments to the Countywide Planning Policies amending the Interim Potential Annexation Area Map for the City of Milton and the City of Federal Way (GMPC Motion 08- 1); 5. Adopting amendments to the Countywide Planning Policies r amending the Interim Potential Annexation Area Map for the City of Kirkland and the City of Redmond (GMPC Motion 08- 2); 6. Adopting amendments to the Countywide Planning Policies ' amending the Interim Potential Annexation Area Map to add the City of SeaTac as one of the cities claiming North Highline in its PAA (GMPC Motion 08-3); and 7. Adopting amendments to the Countywide Planning Policies amending Policies LU-31 and LU-32 to provide a mechanism for a city to move forward with the annexation of all or a portion of North Highline (GMPC Motion 08-4). C. The King County Council approved and ratified these amendments , on behalf of King County on June 23, 2008, pursuant to King County Ordinance 16151. The Kent Planning & Economic Development Committee reviewed these ' amendments at its meeting on August 11, 2008. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF KENT ' WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, - Amendment. The City of Kent, acting pursuant to the interlocal agreement among King County, the City of Seattle, and incorporated suburban cities, hereby ratifies the proposed amendments to the Countywide Planning Polices as adopted by the Metropolitan King County Council 2 Countywide Planning Policy Amendments - 2008 !� in King County Ordinance 16151, attached hereto. SECTION 2. - Public Inspection. The amendments to the Countywide Planning Policies adopted herein shall be filed with the City Clerk and placed in the planning services office so they are available for inspection by the public. SECTION 3. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. ' SECTION 4. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of , 2008. CONCURRED in by the mayor of the city of Kent this day of 2008. 1 SUZETTE COOKE, MAYOR 1 ATTEST: IBRENDA JACOBER, CITY CLERK 1 APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 3 Countywide Planning Policy Amendments - 2008 I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of , 2008. BRENDA JACOBER, CITY CLERK P.\Gvil\Resolution\CountywidePlanningPolicyAmend-2008.doc ' 4 Countywide Planning Policy Amendments - 2008 KING COUNTY 1200 King County Courthouse 516 Third Avenue 19 Seattle,WA 98104 ' King Canty Signature Report June 24, 2008 Ordinance 16151 ' Proposed No. 2008-0281.3 Sponsors Hague 1 AN ORDINANCE adopting amendments to the 2 Countywide Planning Policies; amending the interim 3 potential annexation areas ma and ratifying the amended P P Y1 g 4 Countywide Planning Policies for unincorporated King 1 5 County; and amending Ordinance 10450, Section 3, as 6 amended, and K.C.C. 20.10.030 and Ordinance 10450, 7 Section 4, as amended, and K.C.C. 20.10.040. 8 9 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: ( 10 SECTION 1. Ordinance 10450, Section 3, as amended, and K.C.C. 20.10.030 are 11 each hereby amended to read as follows: 12 A. The Phase II Amendments to the King County 2012 Countywide Planning 13 Policies attached to Ordinance 11446 are hereby approved and adopted. 14 B. The Phase II Amendments to the King County 2012 -Countywide Planning 15 Policies are amended, as shown by Attachment 1 to Ordinance 12027. 16 C. The Phase II Amendments to the King County 2012 - Countywide Planning 17 Policies are amended, as shown by Attachment 1 to Ordinance 12421. 1 Ordinance 16151 20 18 D. The Phase II Amendments to the King County 2012 - Countywide Planning ' 19 Policies are amended, as shown by Attachments 1 and 2 to Ordinance 13260. 20 E. The Phase II Amendments to the King County 2012 - Countywide Planning 21 Policies are amended, as shown by Attachments 1 through 4 to Ordinance 13415. 22 F. The Phase II Amendments to the King County 2012 - Countywide Planning 23 Policies are amended, as shown by Attachments 1 through 3 to Ordinance 13858. 24 G. The Phase II Amendments to the King County 2012 —Countywide Planning ' 25 Policies are amended, as shown by Attachment 1 to Ordinance 14390. ' 26 H. The Phase II Amendments to the King County 2012 —Countywide Planning 27 Policies are amended, as shown by Attachment 1 to Ordinance 14391. 28 1. The Phase II Amendments to the King County 2012—Countywide Planning 29 Policies are amended, as shown by Attachment I to Ordinance 14392. 30 J. The Phase II Amendments to the King County 2012 - Countywide Planning ' 31 Policies are amended, as shown by Attachment 1 to Ordinance 14652. ' 32 K. The Phase II Amendments to the King County 2012 - Countywide Planning 33 Policies are amended, as shown by Attachments 1 through 3 to Ordinance 14653. ' 34 L. The Phase II Amendments to the King County 2012 - Countywide Planning 35 Policies are amended, as shown by Attachment I to Ordinance 14654. 36 M. The Phase II Amendments to the King County 2012 - Countywide Planning 37 Policies are amended, as shown by Attachment 1 to Ordinance 14655. 38 N. The Phase II Amendments to the King County 2012 -Countywide Planning 39 Policies are amended, as shown by Attachments 1 and 2 to Ordinance 14656. 2 • Ordinance 16151 21 40 O. The Phase II amendments to the King County 2012 —Countywide Planning 41 Policies are amended, as shown by Attachment A to Ordinance 14844. 42 P. The Phase 11 Amendments to the King County 2012 - Countywide Planning i43 Policies are amended as shown by Attachments A, B and C to Ordinance 15121. 1 44 Q. The Phase II Amendments to the King County 2012 - Countywide Planning 45 Policies are amended, as shown by Attachment A to Ordinance 15122. ' 46 R. The Phase I1 Amendments to the King County 2012 - Countywide Planning 47 Policies are amended, as shown by Attachment A to Ordinance 15123. 48 S. Phase II Amendments to the King County 2012 -Countywide Planning 49 Policies are amended, as shown by Attachments A and B to Ordinance 15426. 50 T. Phase II Amendments to the King County 2012 ,Countywide Planning 51 Policies are amended, as shown by Attachments A,B and C to Ordinance 15709. 52 U. Phase 11 Amendments to the King County 2012 - Countywide Planning 53 Policies are amended, as shown by Attachment A to Ordinance 16056. 54 V. Phase II Amendments to the King County 2012 -Countywide Planning i55 Policies are amended, as shown by Attachments A,B, C, D. E.F and G to this ordinance. 56 SECTION 2. Ordinance 10450, Section 4, as amended, and K.C.C. 20.10.040 are 57 each hereby amended to read as follows: 58 A. Countywide Planning Policies adopted by Ordinance 10450 for the purposes 59 specified are hereby ratified on behalf of the population of unincorporated King County. 60 B. The amendments to the Countywide Planning Policies adopted by Ordinance 61 10840 are hereby ratified on behalf of the population of unincorporated King County. 3 Ordinance 16151 22 62 C. The amendments to the Countywide Planning Policies adopted by Ordinance , 63 11061 are hereby ratified on behalf of the population of unincorporated King County. 64 D. The Phase II amendments to the King County 2012 Countywide Planning 65 Policies adopted by Ordinance 11446 are hereby ratified on behalf of the population of ' 66 unincorporated King County. 67 E. The amendments to the King County 2012 -Countywide Planning Policies, as 68 shown by Attachment 1 to Ordinance 12027 are hereby ratified on behalf of the 69 population of unincorporated King County. 70 F. The amendments to the King County 2012 -Countywide Planning Policies, as 71 shown by Attachment 1 to Ordinance 12421, are hereby ratified on behalf of the 72 population of unincorporated King County. ' 73 G. The amendments to the King County 2012 -Countywide Planning Policies, as 74 shown by Attachments 1 and 2 to Ordinance 13260, are hereby ratified on behalf of the 75 population of unincorporated King County. , 76 H. The amendments to the King County 2012-Countywide Planning Policies, as 77 shown by Attachment 1 through 4 to Ordinance 13415, are hereby ratified on behalf of 78 the population of unincorporated King County. 79 I. The amendments to the King County 2012 -Countywide Planning Policies, as 80 shown by Attachments 1 through 3 to Ordinance 13858, are hereby ratified on behalf of 81 the population of unincorporated King County. 82 1 The amendments to the King County 2012- Countywide Planning Policies, as , 83 shown by Attachment 1 to Ordinance 14390, are hereby ratified on behalf of the 84 population of unincorporated King County. ' 4 Ordinance 16151 23 r85 K. The amendments to the King County 2012 -Countywide Planning Policies, as 86 shown by Attachment 1 to Ordinance 14391, are hereby ratified on behalf of the 87 population of unincorporated King County. 88 L. The amendments to the King County 2012 - Countywide Planning Policies, as 89 shown by Attachment I to Ordinance 14392, are hereby ratified on behalf of the 90 population of unincorporated King County. 91 M. The amendments to the King County 2012 - Countywide Planning Policies, as 92 shown by Attachment I to Ordinance 14652, are hereby ratified on behalf of the 93 population of unincorporated King County. 94 N. The amendments to the King County 2012 - Countywide Planning Policies, as 95 shown by Attachments 1 through 3 to Ordinance 14653, are hereby ratified on behalf of 96 the population of unincorporated King County. 97 O. The amendments to the King County 2012 - Countywide Planning Policies, as 98 shown by Attachment 1 to Ordinance 14654, are hereby ratified on behalf of the 99 population of unincorporated King County. 100 P. The amendments to the King County 2012 - Countywide Planning Policies, as 101 shown by Attachment 1 to Ordinance 14655, are hereby ratified on behalf of the 102 population of unincorporated King County. 103 Q. The amendments to the King County 2012 - Countywide Planning Policies, as 104 shown by Attachments 1 and 2 to Ordinance 14656, are hereby ratified on behalf of the 105 population of unincorporated King County. 5 Ordinance 16151 24 106 R. The amendments to the King County 2012 —Countywide Planning Policies, as 107 shown by Attachment A to Ordinance 14844, are hereby ratified on behalf of the , 108 population of unincorporated King County. 109 S. The amendments to the King County 2012 -Countywide Planning Policies, as 110 shown by Attachments A, B and C to Ordinance 15121, are hereby ratified on behalf of ' 111 the population of unincorporated King County. 112 T. The amendments to the King County 2012 -Countywide Planning Policies, as 113 shown by Attachment A to Ordinance 15122, are hereby ratified on behalf of the 114 population of unincorporated King County. 115 U. The amendments to the King County 2012 -Countywide Planning Policies, as ' 116 shown by Attachment A to Ordinance 15123, are hereby ratified on behalf of the , 117 population of unincorporated King County. 118 V. The amendments to the King County 2012 -Countywide Planning Policies, as ' 119 shown by Attachments A and B to Ordinance 15426, are hereby ratified on behalf of the 120 population of unincorporated King County. 121 W. The amendments to the King County 2012 -Countywide Planning Policies, , 122 as shown by Attachments A,B and C to Ordinance 15709, are hereby ratified on behalf ' M of the population of unincorporated King County. _24 X. The amendments to the King County 2012 - Countywide Planning Policies,as 25 shown by Attachment A to Ordinance 16056, are hereby ratified on behalf of the 26 population of unincorporated King County. 6 ' Ordinance 16151 25 r127 Y. The amendments to the King Countv 2012 - Countywide Planning Policies, as ' 128 shown by Attachments A, B, C, D, E, F and G to this ordinance, are hereby-ratified on 129 behalf of the population of unincorporated King County_ 130 r131 Ordinance 16151 was introduced on 6/2/2008 and passed as amended by the rMetropolitan King County Council on 6/23/2008, by the following vote: Yes: 9 -Ms. Patterson, Mr. Dunn, Mr. Constantine, Ms. Lambert,Mr. von ' Reichbauer,Mr. Ferguson,Mr- Gossett, Mr. Phillips and Ms. l4iague No: 0 Excused: 0 KING COUNTY COUNCIL KING COUNTY,WASHINGTON r ' lia Patterson,Chair ATTEST: ' N 'Y Q Q Anne Nons,Clerk of the Council � C�3 1 APPROVED this day of �►- ,2008. w rRon Sims,County Executive r Attachments A. Motion 08-1,B. Motion 08-2,C. Motion 08-3,D. Motion 07-1,E. Motion 07-2, rF. Motion 07A,G. Second Substitute Motion 08-4 1 r 7 1 17 r� King County 1 r July 15, 2008 rThe Honorable Suzette Cooke City of Kent ' 220-4th Avenue South Kent, WA 98032-5895 Dear Mayor Cooke: We are pleased to forward for your consideration and ratification the enclosed amendments to the King County Countywide Planning Policies (CPP). On June 23, 2008, the Metropolitan King County Council approved and ratified the following amendments on behalf of unincorporated King County. Copies of the King County Council staff report, ordinance and Growth Management Planning Council motions are enclosed to assist you in your review of these ' amendments. • Ordinance No. 16151, GMPC Motion Nos. 08-1, 08-2, 08-3, 07-1, 07-2, ' 07-4 and 08-4 by the Growth Management Planning Council of King County In accordance with the Countywide Planning Policies, FW-1, Step 9, amendments become effective when ratified by ordinance or resolution by at least 30 percent of the city and county governments representing 70 percent of ' the population of King County according to the interlocal agreement. A city will be deemed to have ratified the amendments to the Countywide Planning Policies unless, within 90 days of adoption by King County, the city takes legislative action to disapprove the amendments. Please note that the 90-day deadline for the amendments is September 19, 2008. 1 1 1 r g 18 1 If you adopt any legislation relative to this action, please send a copy of the legislation by the close of business, September 19, 2008, to Anne Noris, Clerk of , the Council, W1039 King County Courthouse, 516 Third Avenue, Seattle, WA 98104. If you have any questions about the amendments or ratification process, please , contact Paul Reitenbach, Senior Policy Analyst, King County Department of Development and Environmental Services, at 206-296-6705, or Rick Bautista, , King County Council Staff, at 206-296-0329. Thank you for your prompt attention to this matter. Sincerely, 1 Julia Patterson, Chair Ron Sims , Metropolitan King County Council King County Executive Enclosures 1 cc>King County City Planning Directors 1 Suburban Cities Association Stephanie Warden, Director, Department of Development and Environmental Services (DDES) ' Paul Reitenbach, Senior Policy Analyst, DDES Rick Bautista, Council Staff, Growth Management & Natural Resources Committee (GM&NR) 1 1 1 1 27 16151 Attachment A Apri 116, 2008 Sponsored By: Executive Committee /Pr 1 MOTION NO. 08-1 ' 2 3 A MOTION to amend the Interim Potential Annexation Area 4 Map in the Countywide Planning Policies. 6 7 WHEREAS, Countywide Planning Policies LU-31 and LU-32 anticipate the collaborative 8 designation of Potential Annexation Areas(PAA) and the eventual annexation of these 9 areas by cities. 10 11 WHEREAS, the attached PAA map amendment removes tax parcel number 3221049162 12 from the Potential Annexation Area of the City of Milton and adds the same tax parcel to 13 the PAA of the City of Federal Way. 14 15 WHEREAS, the attached PAA map amendment is supported by the City of Milton, the 16 City of Federal Way, and King County. ' 17 18 BE IT RESOLVED THAT THE GROWTH MANAGEMENT PLANNING COUNCIL 19 OF KING COUNTY HEREBY MOVES AS FOLLOWS: 20 21 22 1. Amend the Interim Potential Annexation Area Map by including the unincorporated 23 urban areas shown on attachment A of this motion, tax parcel number 3221049162, 24 within the Potential Annexation Area of the City of Federal Way, and remove the same 25 tax parcel from the City of Milton PAA. 26 27 2. This amendment is recommended to the Metropolitan King County Council and the 28 Cities of King County for adoption and ratification. 29 30 ADOPTED by the Growth Management Planning Council of King County on April 16, ' 31 2008 in open session and signed by the chair of the GMPC. 32 33 34 35 36 Ron Sims, Chair, Growth Management Planning Council IS 16151 2 Attachment B April 16, 2008 Sponsored By: Executive Committee /pr 1 MOTION NO. 08-2 2 3 A MOTION to amend the Interim Potential Annexation Area 4 Map in the Countywide Planning Policies. 5 6 7 WHEREAS, Countywide Planning Policies LU-31 and LU-32 anticipate the collaborative 8 designation of Potential Annexation Areas (PAA) and the eventual annexation of these 9 areas by cities. 10 11 WHEREAS, the attached PAA map amendment removes 56 from the Potential Annexation 12 Area of the City of Redmond and adds the same 56 acres to the PAA of the City of 13 Kirkland. 14 15 WHEREAS, the attached PAA map amendment is supported by the City of Kirkland, the 16 City of Redmond, and King County. 17 18 BE IT RESOLVED THAT THE GROWTH MANAGEMENT PLANNING COUNCIL 19 OF KING COUNTY HEREBY MOVES AS FOLLOWS: 20 21 22 1. Amend the Interim Potential Annexation Area Map by including the unincorporated 23 urban areas shown on attachment A of this motion,within the Potential Annexation 24 Area of the City of Kirkland, and remove the same properties from the City of 25 Redmond PAA. 26 27 2. This amendment is recommended to the Metropolitan King County Council and the 28 Cities of King County for adoption and ratification. 29 30 ADOPTED by the Growth Management Planning Council of King County on April 16, 31 2008 in open session and signed by the chair of the GMPC. 32 33 34 35 36 Ron Sims, Chair, Growth Management Planning Council 16151 29 4/12/08 Attachment C Sponsored By: Executive Committee /pr 1 MOTION NO. 08-3 2 A MOTION to amend the interim Potential Annexation Area 3 map in the Countywide Planning Policies. 5 6 7 WHEREAS,Countywide Planning Policies LU-31 and LU-32 anticipate the collaborative 8 designation of Potential Annexation Areas(PAA)and the eventual annexation of these 9 areas by cities. 10 1 i WHEREAS, the unincorporated urban area known as North Highline has been designated a 12 PAA by more than one city. 13 14 WHEREAS, the City of SeaTac has also designated a portion of the North Highline area, 15 shown on the attached map,as their Potential Annexation Area. 16 17 BE 1T RESOLVED THAT THE GROWTH MANAGEMENT PLANNING COUNCIL OF 18 KING COUNTY HEREBY MOVES AS FOLLOWS: 19 20 21 1. Amend the Interim Potential Annexation Area Map by including a portion of the 22 unincorporated urban area known as North Highline,shown on attachment A of this 23 motion, as an overlap—an area claimed by more than one city as a PAA. 24 25 2. This amendment is recommended to the Metropolitan King County Council and the 26 Cities of King County for adoption and ratification. 27 28 ADOPTED by the Growth Management Planning Council of King County on 29 April 16, 2008 in open session, and signed by the chair of the GMPC. 30 31 32 33 Ron Sims, Chair,Growth Management Planning Council 34 3 I ATTACHMENT D I 5/14/07 Sponsored By. Executive Committee /pr I 1 MOTION NO. 07-1 i 2 A MOTION to amend the interim Potential,Annexation Area 3 map in the Countywide Planning Policies. 4 f 5 � 6 I 7 WHEREAS,Countywide Planning Policies LU-31 and LU-32 anticipate the collaborative 1 8 designation of Potential Annexation Areas(PAA)and the eventual annexation of these 9 areas by cities. 10 11 WHEREAS,the attached PAA map amendment removes several unincorporated urban 12 areas not within the PAA of any city and adds these areas to the City of Sammamish PAA. 13 14 WHEREAS,the attached PAA map amendment is supported by the City of Sammamish 15 and King County. I 16 17 BE IT RESOLVED THAT THE GROWTH MANAGEMENT PLANNING COUNCIL OF 18 KING COUNTY HEREBY MOVES AS FOLLOWS: 19 20 ' 21 1. Amend the.interim Potential Annexation Area Map by including the unincorporated 22 urban areas shown on attachment A of this motion,within the Potential Annexation 23 Area of the City of Sammamish. i 24 25 2. This amendment is recommended to the Metropolitan King County Council and the 26 Cities of King County for adoption and ratification. 27 28 ADOPTED by the Growth Management Planning Council of King County on � i 29 June 20,2007 in open session,and signed by the chair of the GMPC. 30 31 32 33 Ron Sins,Chair, rowth Management Planning Council 34 - 1 i 9/15/07 ATTACHMENT E i Sponsored By. Executive Committee ; i /pr 1 MOTION NO. 07-2 2 A MOTION to amend the interim Potential Annexation Area i 3 map in the Countywide Planning Policies. 4 5 6 7 WHEREAS,Countywide,Planning Policies LU-31 and LU-32 anticipate the collaborative 8 designation of Potential Annexation Areas(PAA)and the eventual annexation of these 9 areas by cities. 10 11 WHEREAS,the unincorporated urban area known as North Highline has been designated a 12 PAA by more than one city. 13 14 WHEREAS,the attached PAA map amendment is supported by the City of Borten,the Is City of Seattle,and King County. 16 17 18 BE IT RESOLVED THAT THE GROWTH MANAGEMENT PLANNING COUNCIL OF 19 KING COUNTY HEREBY MOVES AS FOLLOWS: 20 21 22 1. Amend the Interim Potential Annexation Area Map by including the unincorporated 23 urban area known as North Highline,shown on attachment A of this motion,as an 24 overlap—an area claimed by more than one city as a PAA. 25 26 2. This amendment is recommended to the Metropolitan King County Council and the 27 Cities of King County for adoption and ratification. 28 i 29 ADOPTED by the Growth Management Planning Council of King County on 30 October 3,2007 in open session,and signed by the chair of the GMPC. 31 32 33 34 CRon Sims Chair,Growth"Management Planning Council t 32 5 1 ATTACHMENT F 10/03/07 Sponsored By. Executive Committee /pr I MOTION NO. 074 2 A MOTION to amend the interim Potential Annexation Area 3 map in the Countywide Planning Policies. 5 i 6 7 WHEREAS,Countywide Planning Policies LU-31 and LU-32 anticipate the collaborative 8 designation of Potential Annexation Areas(PAA)and the eventual annexation of these 9 areas by cities. 10 i I 1 WHEREAS,the attached PAA map amendment removes several unincorporated urban 12 areas not within the PAA of any city and adds these areas to the City of Covington PAA. 13 14 WHEREAS,the attached PAA map amendment is supported by the City of Covington and 15 King County. 16 17 BE IT RESOLVED THAT THE GROWTH MANAGEMENT PLANNING COUNCIL OF 18 KING COUNTY HEREBY MOVES AS FOLLOWS: 19 20 21 1. Amend the Interim Potential Annexation Area Map by including the unincorporated 22 urban areas shown on attachment A of this motion,within the Potential Annexation 23 Area of the City of Covington. ' 24 25 2. This amendment is recommended to the Metropolitan King County Council and the 26 Cities of King County for adoption and ratification. 27 28 ADOPTED by the Growth Management Planning Council of King County on ' 29 October 3,2007 in open session,and i ed by the chair of the GMPC. 30 31 32 33 Ron ems,Cha- , rowth Management Planning Council 34 3 Ordinance 16151 Attachment G June 18, 2008 Sponsored By: /pr 1 SECOND SUBSTITUTE MOTION NO. 084 2 A MOTION by the Growth Management Planning Council of King 3 County recommending the amendment of the Countywide Planning 4 Policies by revising existing policies LU-31 and LU-32 to provide a 5 mechanism for a city to move forward with the annexation of all or a 6 portion of North Highline. 7 8 9 WHEREAS, Countywide Planning Policies LU-31 and LU-32 anticipate the collaborative to designation of Potential Annexation Areas(PAA)and the eventual annexation of these 11 areas by cities; and 12 13 WHEREAS, the unincorporated urban area known as North Highline has been designated 14 a PAA by more than one city; and 15 16 WHEREAS, a mechanism is needed to resolve this PAA overlap. 17 18 BE IT RESOLVED THAT THE GROWTH MANAGEMENT PLANNING COUNCIL 19 OF KING COUNTY HEREBY MOVES AS FOLLOWS: 20 21 Amend Sections III, C-3, (Joint Planning and Urban Growth Areas around Cities)of the 22 King County Countywide Planning Policies as follows: 23 24 LU-31 In collaboration with adjacent counties and cities and King County, and in 25 consultation with r-esidential gFeups residents,businesses, and other 26 organizations in affected areas, each city shall designate a potential annexation 27 area in the city's comprehensive plan. After recommendation by theGMPC and 28 ratification pursuant to policy FW-1, Step 9,the Interim Potential Annexation 29 Area Map shown in Appendix 2 shall be amended to show each citZs approved 30 PAA. Eadh poteftfial amexation area shall be speeifie te eaeh eity. Potential 31 annexation areas shall not overlap, except as allowed under policy LU-32. 32 Within the potential annexation area, the city shall adopt criteria for annexation, 33 including conformance with Countywide Planning Policies, and a schedule for 34 providing urban services and facilities within the potential annexation area. This 35 process shall ensure that unincorporated urban islands of King County are not 36 created between cities and strive to eliminate existing islands between cities. 37 - 1 - 3 1 LU-32 A city may annex territory only within its designated potential annexation area as 2 shown on Appendix 2, the Interim Potential Annexation Area Map. All cities 3 shall phase annexations to coincide with the ability for the city to coordinate the 4 provision of a full range of urban services to areas to be annexed. 5 6 The following applies only within the North Highline unincorporated area. 7 Where PAAs overlap prior to January 1, 2009, the cities with the PAA overlay 8 and the county should attempt to establish alternative non-overlapping PAA 9 boundaries through a process of negotiation. Absent a negotiated resolution,a 10 city may file a Notice of Intent to Annex with the Boundary Review Board for t 1 King County for territory within its desi n� ated Portion of a PAA overlap as 12 shown on the Interim Potential Annexation Area Map and detailed in the city's 13 comprehensive plan after the following steps have been taken: 14 15 1. The city proposing annexation has, at least 30 days prior to filing 16 a Notice of Intent to annex with the Boundary_Review Board, 17 contacted in writing the cities with the PAA overlap and the 18 county to provide notification of the city's intent to annex and to 19 request a meeting or formal mediation to discuss boundary 20 alternatives, and: 21 2. The cities with the PAA overlap and the county have either: 22 a. Agreed to meet but failed to develop a negotiated 23 settlement to the overlap within 60 days of recent of the 24 notice, or; 25 b. Declined to meet or failed to respond in writing within 30 26 days of receipt of the notice. 27 28 29 30 ADOPTED by the Growth Management Planning Council of King County on June 18, 31 2008 in open session. 32 33 34 35 36 37 38 Ron Sims,Chair, Growth Management Planning Council 39 40 41 - 2 - a 35 King County Metropolitan King County Council Growth Management and Natural Resources Committee REVISED STAFF REPORT Agenda Item: Name: Rick Bautista Proposed Ord: 2008-0281 Date: June 10, 2008 GMPC Motions 08-1, 08-2, 08-3, 07-1, 07-2, and 07-4 PROPOSED SUBSTITUTE ORDINANCE 2008-0281 RECEIVED A "DO PASS"RECOMMENDATION FROM THE GMNRC. SUBJECT: Ordinance adopting proposed amendments to the Countywide Planning Policies (CPPs) to adjust the potential annexation areas (PAAs) for the cities of SeaTac, Federal Way, Milton, Kirkland, Redmond, Burien, Seattle, Sammamish and Covington GROWTH MANAGEMENT PLANNING COUNCIL: The Growth Management Planning Council (GMPC) is a formal body comprised of elected officials from King County, Seattle, Bellevue, the Suburban Cities, and Special Districts. The i GMPC was created in 1992 by interlocal agreement, in response to a provision in the Washington State Growth Management Act (GMA) requiring cities and counties to work together to adopt CPPs. Under the GMA, the CPPs serve as the framework for each individual jurisdiction's comprehensive plan. This is to ensure countywide consistency with respect to land use planning efforts. As provided for in the interlocal agreement, the GMPC developed and recommended the CPPs, which were adopted by the King County Council and ratified by the cities. Subsequent amendments to the CPPs follow the same process: recommendation by the GMPC, adoption by the King County Council, and ratification by the cities. Amendments to the CPPs become effective when ratified by ordinance or resolution by at least 30% of the city and county governments representing at least 70% of the population of King County. NOTE: A city is deemed to have ratified an amendment to the CPPs unless it has taken legislative action to disapprove within 90 days of adoption by King County. APPLICABLE POLICY DIRECTION: The Growth Management Planning Council evaluates proposed amendments to city PAAs using the following three CPPs (LU-31, LU-32 and LU-34): LU-31 In collaboration with adjacent counties and cities and King County, and in consultation with residential groups in affected areas, each city shall designate a potential annexation area_ Each potential annexation area shall be specific to each city. Potential annexation areas shall not overlap. Within the potential annexation 36 area the city shall adopt criteria for annexation, including conformance with Countywide Planning Policies, and a schedule for providing urban services and facilities within the potential annexation area. This process shall ensure that unincorporated urban islands of King County are not created between cities and strive to eliminate existing islands between cities. LU-32 . A city may annex territory only within its designated potential annexation area. All cities shall phase annexations to coincide with the ability for the city to coordinate the provision of a full range of urban services to areas to be annexed. LU-34 Several unincorporated areas are currently considering local governance options. Unincorporated Urban Areas that are already urbanized and are within a city's potential annexation area are encouraged to annex to that city in order to receive urban services. Where annexation is inappropriate, incorporation may be considered. King County evaluates proposed amendments to city PAAs using the following Comprehensive Plan text and policies: There are 216,000 people living in urban unincorporated King County, as reported in the 2003 Annual Growth Report. This population is equivalent to the second largest city in the state. The land base in these areas is primarily residential, with limited amounts of commercial and retail development. Much of the urban unincorporated area is made up of geographically isolated islands surrounded by cities, or adjacent to the urban growth boundary. Because these areas are scattered across the county, the efficient provision of services is difficult. The lack of a substantive tax base exacerbates these difficulties, and the cost of serving these areas reduces the amount of money available for regional services, and for local services in rural areas. Therefore, King County has a strong fiscal interest in seeing the remaining urban unincorporated areas annexed within the next several years. The annexation of urban unincorporated areas is also good public policy. The State Growth , Management Act and the regionally adopted Countywide Planning Policies stipulate that counties are the appropriate providers of regional services, and of local services to the rural area. For their part, cities are the appropriate providers of local urban services to all areas within the designated urban growth boundary. This logical split of government services is in part a reflection of the greater taxing authority afforded to cities by the State Legislature. County taxing authority remains similar to what was historically adopted in the state constitution. Annexation is a means to achieve the desired governmental service and land use vision set forth in regional policy and state law. Although it is the policy of the county to promote annexation, its ability to do so is extremely limited. State laws provide the cities, county residents and property owners with the authority to initiate the annexation process. A successful annexation initiative depends on establishing a collaborative and ongoing dialogue between the three affected interest groups:residents, the county, and the affected city. King County has a long history of engaging in annexation discussions with urban unincorporated area residents, and will continue to do so. The county will also continue to work collaboratively,with the cities to plan for orderly and timely governance transitions. The policies in this section are intended to guide the county's decision making on annexation- related issues to ensure the needs of citizens in the urban unincorporated area are considered, and that a smooth transition from county to city government occurs. U-201 In order to meet the Growth Management Act and the regionally adopted CountywidePlanning Policies goal of becoming a regional service provider for all county residents and a local service provider in rural areas, King County shall encourage annexation of the remaining urban unincorporated area. The county may also act asa contract service provider where mutually beneficial. U-202 To help create an environment that is supportive of annexations, King County shall work with cities and with Unincorporated Area Councils, neighborhood groups, local business organizations, public service providers and other stakeholders on annexation-related activities. King County will also seek changes at the state level that would facilitate annexation of urban 37 unincorporated areas. U-203 The Interim Potential Annexation Areas Map adopted by the Growth Management Planning Council illustrates city-designated potential annexation areas(PAAs), contested areas(where more than one city claims a PAA), and those few areas that are unclaimed by any city. For contested areas, the county should attempt to help resolve the matter, or to enter into an interlocal agreement with each city for the purpose of bringing the question of annexation before voters. For unclaimed areas, King County should work with adjacent cities and service providers to develop a mutually agreeable strategy and time frame for annexation. U-204 King County shall support annexation proposals that are consistent with the Countywide Planning Policies and the Washington State Growth Management Act, and when the area proposed for annexation is wholly within the annexing city's officially adopted PAA, and is not part of a contested area. U-205 King County shall not support annexation proposals that would. a. Result in illogical service areas; b. Create unincorporated islands unless the annexation is preceded by an interlocal agreement in which the city agrees to pursue annexation of theremaining island area in a timely manner, c. Focus solely on areas that would provide a distinct economic gain for the annexing city at the exclusion of other proximate areas that should logically be included; d. Move designated Agricultural and/or Forest Production District lands into the Urban Growth Area;or e. Apply zoning to maintain or create permanent, low-density residential areas, unless such areas are part of an urban separator or are environmentally constrained, rendering higher densities inappropriate. 1 U-206 King County shall favor annexation over incorporation as the preferred method of governance transition. King County will not support incorporations when the proposed incorporation area is financially infeasible. U-207 King County shall work with cities to jointly develop preannexation agreements to address the transition of service provision from the county to the annexing cities. The development of such agreements should include a comprehensive public involvement process. Pre-annexation agreements may address a range of considerations, including but not limited to: a. Establishing a financing partnership between the county, city and other service providers to address needed infrastructure; b. Providing reciprocal notification of development proposals in PAAs, and opportunities to identify and/or provide mitigation associated with such development; c. Supporting the city's desire, to the extent possible, to be the designated sewer or water service provider within the PAA, where this can be done without harm to the integrity of existing systems and without significantly increasing rates; d.Assessing the feasibility and/or desirability of reverse contracting in order for the city to provide local services on the county's behalf prior to annexation, as well as the feasibility and/or desirability of the county continuing to provide some local services on a contract basis alter annexation; e. Exploring the feasibility of modifying development, concurrency and infrastructure design standards prior to annexation, when a specific and aggressive annexation timeline is being pursued; f. Assessing which county-owned properties and facilities should be transferred to city control, and the conditions under which such transfers should take place; g. Transitioning county employees to city employment where appropriate; h. Ensuring that land use plans for the annexation area are consistent with the Countywide Planning Policies with respect to planning for urban densities and efficient land use patterns;provision of urban services, affordable housing, and transportation;the protection of critical areas;and the long-term protection of urban separators; i_ Continuing equivalent protection of cultural resources, and county landmarks and 38 historic resources listed on the King County Historic Resource Inventory, j. Maintaining existing equestrian facilities and establishing equestrian linkages; and k. Establishing a timeline for service transitions and for the annexation. As part of its annexation initiative, King County will explore new options for revenue generation to make the provision of services to urban unincorporated areas financially sustainable. If annexation is not occurring at a pace consistent with the intent of these policies, the county may consider utilizing its land use authority to encourage new development that will generate higher tax revenues. U-208 King County shall consider initiating new subarea planning processes for the urban unincorporated areas to assess the feasibility of allowing additional commercial, industrial and high-density residential development through the application of new zoning. ORDINANCE SUMMARY: Proposed Substitute Ordinance 2008-0281 would adopt six motions approved by the GMPC in 2007 and 2008. ' MOTION 08-1 (MAP AMENDMENT: CITIES OF FEDERAL WAY AND MILTON PAA) Motion 08-1 would amend the PAAs of the cities of Federal Way and Milton by moving one parcel from the Milton PAA into the Federal Way PAA. The parcel is undeveloped. The reason for the change appears to be because the development of the site most likely (and logical) service provider would be Federal Way, given the current pattern of road and residential development around the parcel. The motion results from a joint request by the cities and each city has amended their respective comprehensive plans to reflect the change. Analysis: The proposed change is consistent with the CPPs, GMA, King County Comprehensive Plan. MOTION 08-2(MAP AMENDMENT: CITIES OF KIRKLAND AND REDMOND PAA) Motion 08-1 would amend the PAAs of the cities of Kirkland and Redmond by moving a small subdivision and a city of Kirkland park from the Redmond PAA into the Kirkland PAA. The movement of the subdivision into the Kirkland PAA came at the request of and is supported by the residents of the subdivision. The motion results from a joint request by the cities and each city has amended their respective comprehensive plans to reflect the change. Analysis: The proposed change is consistent with the CPPs, GMA, King County Comprehensive Plan. MOTION 08-3(MAP AMENDMENT. CITY OF SEA TAC PAA) Motion 08-3 would amend the PAA of the city of SeaTac to include a sizable portion of the North Highline urban unincorporated area. The area lies generally east of Des Moines Memorial Drive South, southerly of South 1161h Street and west of the city of Tukwila. The land is primarily developed with residences, with higher density residential development and commercial development located along Des Moines Memorial Drive South and on the easterly part of the area abutting the city of Tukwila. The amended PAA would overlap an area that has already been claimed by both the cities of Bunen and Seattle, in changes to their respective comprehensive plans. Analysis: See discussion related to GMPC Motion 07-2 later in the staff report. MOTION 07-1 (MAP AMENDMENT. CITY OF SAMMAMISH PAA) Motion 07-1 reflects and approves City of Sammamish amendments to the city comprehensive plan to include five areas within their PAA. • Area 1 is a small subdivision that was created as part of the "Oatfield 4-to-1 proposal, 39 which is accessed and served by utilities through the city. NOTE: The open space created by the 4-to-1 proposal remains rural. • Area 2 are the offices of the NE Sammamish Sewer and Water District, which provides utility services to the city. • Area 3 is a mix of developed and undeveloped land between the city and the Rural Area. • Area 4 is a small subdivision between the city and the Rural Area. • Area 5 is primarily the Aldarra Golf Course, with some residential development on the westerly portion. Analysis: Since these unincorporated urban areas are all adjacent to and receive utility services that come through Sammamish and there is no other city that could annex or serve them, their inclusion within that city PAA is consistent with the CPPs, GMA, King County Comprehensive Plan. MOTION 07-2(MAP AMENDMENT: CITIES OF BURIEN AND SEATTLE PAA OVERLAP) GMPC Motion 07-2 amends the PAA map to show the entire North Highline area (with the exception of the current overlap of the Seattle/Tukwila PAAs)as within the designated PAA of both the cities of Burien and Seattle. Burien and Seattle Actions In the last ten years, the North Highline area has been the subject of several studies regarding governance options. King County, Burien and Seattle, as well as the North Highline community itself have all conducted studies to analyze financial and service delivery issues related to govemance. In 2006, discussions of governance options for North Highline began to to gather steam. Early on, the cities of Tukwila and Sea-Tac indicated that they had no further interests in North Highline, beyond the PAAs they have already identified. However, discussions between Seattle, Burien, King County, and residents of North Highline continued. Staff from these jurisdictions met with special districts, including those providing fire, sewer, water and school services, as well as with neighborhood and business organizations. In November 2006, Burien designated all of the North Highline area as its PAA. However, in May 2007, the Burien city attorney was directed to develop legislation that would concede the previously-designated PAA overlap between Tukwila and Seattle. Burien was expected to but did not adopt such legislation by the end of 2007. In December 2006, Seattle likewise voted to designate all of North Highline as a PAA in the Seattle Comprehensive Plan. Although the Seattle City Council adopted a resolution In May 2007 including a reconsideration of the 2006 designation of the North Highline PAA as a — possible Comprehensive Plan amendment, such a change was not adopted. Growth Management Hearings Board Decision Burien and Seattle appealed each other's actions to the Central Puget Sound Growth Management Hearings Board, which issued its decisions on the two appeals (Seattle v. Burien and Burien v. Seattle) in July 2007. Note: In an earlier decision in which two other cities both 'Approximately ten years ago, the Interim PAA Map was amended in the northeast corner of North Highline urban unincorporated area along the Duwamish to reflect a t 00+acre overlap"in the designated PAAs of the cities of Tukwila and Seattle The remainder of the North Highline is still reflected as a gap"of unincorporated urban area which is not in the GMPC-ratified PAA of any city 2 Sea Tac subsequently took steps to amend their PAA See discussion of GMPC Motion 08-3. designated the same area as a potential annexation area, the Hearings Board had decided that 40 the first city to designate has the right to the designation. However, in the Seattle-Burien cases, the Hearings Board abandoned their prior"first-in-time" rationale in favor of emphasizing cooperative and coordinated planning. The Hearings Board latest decision was based in part on a recent Court of Appeals ruling which said "There is no logical reason to conclude that two municipalities may not identify the same area of land for potential annexation simply because one or the other has already done so." The Hearings Board ruled that neither city had taken an action that was clearly erroneous and that their respective actions comply with the GMA. The ruling further deferred to the County to interpret how such PAA disputes should be resolved and how PAAs should be designated. Lastly, the Hearings Board recognized that the `interim' label for the PAA map allows the process to remain fluid and collaborative as jurisdictions work through the issues relating to contested areas. Additional GMPC Actions Recognizing that there was a need to address challenges created by overlapping PAAs, the GMPC met to discuss the issue April 16, 2008 (see Attachment 7). At the meeting, the GMPC directed staff to: • Prepare policy amendments to allow for the annexation within the overlap area, should the city proposing annexation demonstrate a "good faith effort" to negotiate an alternative boundary with affected jurisdictions, and • Clarify the actions that constitute a "good faith effort". The GMPC also expressed a preference that policy amendments apply narrowly to the overlap in the North Highline area. NOTE: A meeting of the GMPC was held June 18, 2008 to review and consider policy amendments that staff were directed to develop. Analysis The creation of overlapping PAAs is legal based on recent Court of Appeals and Growth management Hearings Board decisions. It should be understood that this effectively creates a stalemate since no jurisdiction can unilaterally act to annex land within the overlap area. However, such a stalemate may be preferable to one where NO jurisdiction will lay claim to the North Highline area. The ultimate solution to the overlap issue may reside with actions or steps now being discussed by the GMPC. It should be noted that Policy U-208 (highlighted text below) recognizes the possibility of such overlaps and the role the county could play in resolving them. The steps being undertaken in the GMPC is consistent with the policy. U-203 The Interim Potential Annexation Areas Map adopted by the Growth Management Planning Council illustrates city-designated potential annexation areas (PAAs), contested areas(where more than one city claims a PAA), and those few areas that are unclaimed by any city. For contested areas, the county should attempt to help resolve the matter, or to enter into an interlocal agreement with each city for the purpose of bringing the question of annexation before voters. For unclaimed areas, King County should work with adjacent cities and service providers to develop a mutually agreeable strategy and time frame for annexation. MOTION 07-4(MAP AMENDMENT: CITY OF COVINGTON PAA) l Motion 07-4 reflects and approves a City of Covington amendment to the city comprehensive plan to include three areas within their PAA. • Area 1 is a park that was transferred to the city approximately four years ago. 0 Area 2 is Tahoma High School which receives sewer and water service through the city. • Area 3 land is currently zoned and used for mining and is part of a current mining operation, 41 the majority of which is already within the city limits Analysis: Since these unincorporated urban areas are all adjacent to and receive utility services that come through Covington and there is no other city that could annex or serve them, their inclusion within that city PAA is consistent with the CPPs, GMA, King County Comprehensive Plan. ATTACHMENTS: None Attachment A N City of Federal Way Interim PAA 1.10 Ma Amendment p KinLv g County Attachment A The Information Included on this map has been compiled by King County staff from a variety,of saunas and Is subject to change without notice King Coumy makes no representatlons or wamandea.express or Implied,as to a=ni Completeness, Urban Growth Boundary timeliness,or rights to the use of such Information King County shall not be liable for any general spei intlhe0.incidental,or consequential damages Including but not limited to, lost revatiee ar lost profits raeuMng from the use or misuse of the Incorporated Areas IMamation contained on this map My sale of this map or Informstlon on this map is pmtublted except by written permission of Kin,County g ,gg Zoo ygg :': Unincorporated Urban Areas Feet M M lAereta FW_FA MCCOMaap tNEee?OAG7pTGISMMapet200e0MrmmEep_]OOBN10_FlN_VAAptlI �BhAveS Federal Way 7�6th . :.: ....:. : ... ! J Proposed Addition to the Federal Way PAA Milton PAA Milton l i t ,M 44 { i ' � '• . -. � it ._. ,• ��� � �, •' '' S�, Federal -Way` Milton 9�.ma(10.(�AOY P a :r..!a',a •+}t•e..�e a_t.': 'r rkw'� .5..��`., +� l'yK"::•� -ri+ '}"w•y'., P r.,r. t•.. '�%'•� ;°�,t�.:.!-..xk°Fib s. ,�., v� '`ip ��J,y:. -„s•`:• .:yi.;.,•�;}�, ' Y�r„S V',y~v�,`_-•r••tr7�-• R ^.R eN�M•„v,..firl.�`.xr'.^'`a`", 3 +t °i4+ '3•':4.�+ix'.a •.6:4 Nie.Z„�.' .\''�•.Ni��...`}-•1 Y`i'e0.6 � � }4•i L`w�,1�"«..y�..•"�',+• _,'i•'ir*°A•c rt.i.e-� S•R�, .��%d}'+d.'•.Y.e�d, .'��t ��bNll� }A' .� u`•:/i'ki�''iy r',4. •`��•�lp,�,'},�s,,o�.t4Y,`'nn� �•a`^• '1iM �•.!!."rRe`!"!'n�•,r* "•.�s'�"�S,Y+F,' `J'F,zw'e�•c i..}.:l.�wr,'".�X'+4 iliileiliq 1 , 7�if�Yd. mu► a� PiYJg k by.�}I?± u4 4 s akyr Y* i._v1'�` .','Y:� �� i�.� aiC"J� $.:, k+ny,:J' ,f,.: �Jail• '•��.v .� '`� •.Vi. •'Y �".G+'�•,.f' ".' N% •Ci. 4� .�x �� M� .r sf�,�� ��?-� 'i�f`.y,'�--tom r •e+�� ti �-e;7�•s {` -,. ,+ :,�.., y,,�,� �^ ;�e��!!IIE!►."._ ,,�n�ipi�d, k•; ;r. 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Attachment A N City of Kirkland Interim PAA L4ty Map AmendmentAttachment AKing The Information included on this map has been compiled by King County staff from a varlety of sources and 16 sub,eU to change �ithout nonce King County makes c rep.comatlons a menlle9 express g implied Count m to anere�, semallons Urban Growth Boundary timeliness,or rights to the use of such information King County shell not be liable for any general specal indirect,incidental,or consequential damages including but not limited to. lost Incorporated Areas revenues or lost profits resulting from the use or misuse of the information contained on this map Any sale of this map a Information on this map is prohibited except by written permission of King County Unincorporated Urban Areas 0165 033 066 Miles M Wati BSP W\ti0503Jd_KI_PA%2W MCCOMaePlbd®)oTGISMVreps1200e03Vncmmeep_2BOBal26 KI PN1 Pdl j yyi }t NE IOdM PIPkg W W, NE 104th St 2 f o t 21 NE fOJ/d PI �• �,y'r. i NE f02.M P/ NE 102n PI NP 103wd Sf• i gGit]p7 } »> _........ Y.'r" 3 NE 102, S1 �q RM PAtA� � NE room PI\ ( f pg-0 NE fO1dl PI t fp StOOth .,« at..._ •..:r {.F. .. t { Z .....API •47 'V _ N 1000i Cl .._»». a ! s NE a. Samma sh River m0 A ` p( ?.....t '-� � NE 970 St NE d7 ,5�� �' p II rf�i .- t� v NE B6M S-1x... .., d NE BSM 0 t ke 9dlh PI q4t[ j •,•__ "PAA-: 1h it NE 94 CI» 'fin^ -(••. NE 9dM Sf i fi 2 ;it NE�9dM 5f z NE 93nd SI � � 4---^.^•"a � NE 91nd 51 NqE 91L Sa SS NE B�etpSt N�_�. ....�..y. - 1 W t NE as.,In NE 900 SI- Z NE BBIh'PI NE BBM St tf y Sr' N"71n SI NE BIih SI 1 2 ✓ ¢¢ I I ry z NEB]M CI NEiBaIl151 { •+par�' N£NE is, 2 = ZI � ¢ �......... NE 8711,at ¢ ¢ 0 '.",flip».«NE B51h Sf i e >.,,.... .a..,_ ».»....»> .»>»»_ 2 11*"N' 1> 1 ¢\" f 'Y , ➢ s G Z �� NE 85N St�mm NE 81M,St...NE B4M Ct NEBJn1 Sl W ¢q 5 .»..Zy,...AZ r NEatnd Cf N•✓ Ki r k )-a in m ~� —; ax �r e Cl Ci d ,_ itsa t` -- t NEB1St P' I Fniz -F..a .W Z, - .�......_ NE BOM 51 i �,n : ^".}-..y,.....,, _¢ -.w-.»...».I... _� _I1 +L.-.....,.._� -».»..�.» .....-tSt�l� �...P.� NE�R6orM Weyn 3f i 3{ it 1 � �� � 51 3 5 77i £1t ! -�`r r NE]BM PI NE)adr Pl 3}� P, >m i NE 181 PI RM _ 3NE16M,5f PAA _ M..0 S efr b• __ j NE)SMSf ._.� i - 1§ e..._.'. \ W] .. {p A NE]SM SI 2] .yi NE """" .,. I S ! Yyii NE]5M St il1_ gig ' 74M a, �iy NE]40 ¢ 5 c N»E).,.3 b SI NE 1]rd St w _,,, Proposed 2 rr NE _ d (jy ...Way I 2 �yid N�]Jld St � W NE)OM SI o l jil ENE]rel Sf 4 Addition t O the ._ NE 72nd St S 4'1§�a .4......,..•_.,.�.. - »».., T_.».I.-,...,...__M A NErc. S-« ,. °cHHH ..JtiJti } > (•7'^^^�. �1 Kirkland P A A and NE�Id Lind Nd I 4 2 q }pT NE T4 § NE 6BM PI I- ✓ j '* 3 dh �'"•>%h Cl 1 ! _E Removal from the 1$ EBBS i� «—�v- II} Eea�1.».r� Nsl � ✓,." Redmond PAA �M NE BBM�St j[ �t NE 66m SI - �t Jim •• f� s ^ ` T NE g1.1,...I ,. - ....,.$NE 61 at NE 65M SI ,.. PA\, NE 64M t ' NE B4CI �F � m 1 in Lake a ¢, a NE BJId Ccl Ff' sl NE End ^ l �� > C12 7 'i I FNE 61st Cl g ze_.. 2 .yd,.*:.• a`� �E ae yyrr F NEBYnd CI m � 0 1 aw P 5 i. NE Etm St e1 � �^ lNE 61Ng--.i... � ^�# Ia � �JI y(`t NE_80'in SIGH $8$ l �.r � �E4Z NE Bom 51 p/ NErSBMy { NE 580,St y-- [[.. Bnd� s Park dell VUe It NEW s,Mm,, All .. NE SS6r at td \4 I— NEUMM NE SSM Sf 8 �9 46 NPy+R"; '• ''1 "+'.F r 8F"�1 t�•(y's R,,f rY 9 I-j*j4wsf ST tax wE^'-'-'..�7�7�lST1 I• - =- . ... ,i'{ �• ,rw -'1IE767►ISF�vi - -. •+. � , ;',�` '"YIr7=hO81°- -. .�,.� -;`�• + lil_F�T1�p_� FwT S x- 'Slairth,ttosrs ylA1P�dir..`?W ar ar -f16�fFIR. �� NE�1l1MfAK- ` NE. =REDOY14�@�R I Irkland ' 1 r �, A:; 'Redmond'.. 1. HECW CT Aj NE621oST Swam Lake ` op WE'e0THS7 ''- <— O MWAY i Waft 4 al2wK-9r CONI�'!�,�7111e tu9fiq;lHd1(eifldPl,�;`� � -e: =s•' , .:;s':"•.;:=:r�vay., .-.+^�Y x,, . . k�r - Kr s '�- l .ti ''`"'''`yam` :'''• v b�+,p`.t ^:}x:."" ,x.•,.•J- _ r ? _. .._ 5+�. .. ,"'; •.ws' ��" ,5.: - r'i•'' "•'r..�., �,'aLi:;.�dc.i,ie ,--``.",�.%,:• -t - .ear`, � ����"�1ty�A�diar•us7 6, �ilpd� 1o�ti 1dm'fid' tyi�litlekl et uroy 'ar'"3y•�y •'Y^ tY,I.r "9'a''v r'?r •xa :k' _-« ��. vA:'.�{. -".`!•,i.,,'Ri�•� "�'!k'R�^'�rr.rY"'.*.�i,r�.�n!Yw,wwaY1.N_FILM. -�•�.1�0.'YI�b�1�.7M�",y1ar'v,r.[v-�}r.�+.'S:kit:.-1a'-•_4 a•rTb• 'SP"+.-^- :i lye Attachment A N City of SeaTac Interim PAA LAI, Map Amendment King County Attachment A The Information included on this map has been compiled by King County staff from a variety of sources and Is subject to change without notice Keg County makes no represenlaborre a vrararinee, a><preee or implied tnr, as tin aacy cemplet ;,X eneee Urban Growth Boundary tirnelmess,or rights to the use of such eftimstion King County shell not be liable for any general special indirect incidental,or consequential damages Including, but not 1-ted to, lost Incorporated Areas _ revenues or lost profits resulting from the use a misuse of the udormabal contained on this map Any sale of this map or information on this map is prohibited—Pt by written permission of King County Unincorporated Urban Areas 0 500 1,000 2,000 Feet M PsukPmMs,,st20090]24 sT PAA mad MCWMBWAddss10AGISMVrers,2W 03�mcmmbsP_2"W24 sT PPA pdI . .. '' s''2fh:S• North Highlin'e S.:71 th`St.. : _ ', sllzrnS,t PAA•:Overlap : � ` � � (Seattle/Bu.rien): aii3rnsr: . :. 'I��° MomS 115th-St y � , :1 };._ ' :". ...... S 116th'Wa"y',, k S 91'6th St . . NiS 11'6th St ` :'s S 116th St 1 _ •P,l":: S.117th S_t :. d :. ::: .. >: i S 1.17th•St•. ,. w •w _t ti %S:118th St? Q: ai ' -SR3 599 Q)c S 120th'St ` 'S 12Qth:SFL :Q, S 120th I Pt .. :.. .. _;- " Add SeaTac T u k w i 1 ._ r � : �s . . . . : to the North Highline Ls;2dat to .. Ti PAA Overlap .• °4, �. S 124th St- �: S-124tk &tom (Xi,IWO S 124th St a• ":, F a��� 125th'SE m Q� .. ..:5.17tfY.Sf..:.. . _ s 128tn St co S 129th St -.. j3 r2 , N (n 11 0 '.S 130th St cot r S 130th PI S 130th�l to S e T c ' M S 132nd St S 132nd St _ ! co y C.) S 133rd St ` ,S Q C1 Cn Attachment A Interim PAA Map Amendment LW King County The information included on this map has been compiled by � ' Urban Growth Boundary King County staff from a varrery of sources and Is subject to change w anotit s, ex King County makes no repr entationcomplater or -antes, ex press or implied, as to accuracy,completeness, timeliness,or rights to the use of such Info—ton King County Incorporated Areas shall not be liable for any general,special indirect,Incidental,a consequential damages including, but not limited to, lost revenues a Intl profits resulting from the use a misuse a the INormaton containedthma on this map Any a of er map a Unincorporated Urban Areas inlormahan on Mia map is prohibited except vrtitlen permission of King County 2 1 0 Mlles m vpawverr Iepti20070504 aam,emi,Wi mad MCCOMBSP1Wdea]OTGIS-MWar 200603lmc ,p_20010500_aamnemisliPP pdr P C n� NE 6aM 51 I E » f ,I �C�i� NE 56M;; € ,M NE Uion HAl Rd � �/CPIu >'...�. 2�,_.,�F.• NE U.Sri NE UM PI `� � �W ! `•� NEyg��"•W 6�i _ NE 50M S13, i { �f.)o ; ti' 2 L � '� 2 !b `4 NE 50M Sr ¢t 1 °,. 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Page 1 of 2 61 Anderson, Charlene From: Scott Greenberg [SCOTTG@burienwa.gov] Sent: Thursday, July 17, 2008 4:03 PM To: 'DStroh@bellevuewa.gov'; Hubner, Mike; 'cbaker@auburnwa.gov'; 'markh@ci.issaquah.wa.us'; Anderson, Charlene; Satterstrom, Fred; 'EShields@ci.kirkland.wa.us'; 'stever@ci.newcastle.wa.us'; 'rodle@redmond.gov'; 'rlind@ci.renton.wa.us'; 'tom.hauger@ci.seattle.wa.us'; 'nancy@ci.snoqualmie.wa.us'; 'jpace@ci.tukwila.wa.us'; 'gfredricks@desmoineswa.gov'; 'cari.horn bein@d uvallwa.gov'; 'mitch@clydeh ill.org'; 'ginae@ci.north-bend.wa.us'; 'karen@suburbancities.org'; 'jackm@ci.hunts-point.wa.us'; 'bill.wiselogle@ci.bothell.wa us'; 'bdcity@aol.com'; 'jgellings@medina-wa.gov'; 'mhgreen@comcast.net; 'ty.peterson@ci.maple- valley.wa.us'; 'jbennett@ci.pacific.wa.us'; 'sbennett@ci.lake-forest-park.wa.us'; 'plan ner@cityofalgona.com'; 'Linda@ci.carnation.wa.us'; 'kgurol@ci.sammamish.wa.us'; 'eterrell@cityofmilton.net; 'johna@ci.normandy-park.wa.us'; 'MikeT@ci.enumclaw.wa.us'; 'dbent@ci.kenmore.wa.us', 'jtovar@ci.shoreline.wa.us'; 'dnemens@ci.covington.wa.us'; 'steve.lancaster@mercergov.org'; 'dlathrop@desmoineswa.gov'; 'HaIH@ci.woodinville.wa.us'; 'Margaret.Clark@cityoffederalway.com'; 'greg.fewins@ci.federal-way.wa.us' Subject: Ratification of Countywide Planning Policy Amendments Colleagues: You have probably all received the most recent package of approved Countywide Planning Policy amendments for ratification. The package dated July 15, 2008 from Julia Patterson and Ron Sims contains King County Ordinance 16151 adopting 7 CPP amendments directly affecting the potential annexation areas of the cities of Burien, Covington, Federal Way, Kirkland, Milton, Redmond, Sammamish, SeaTac, and Seattle. The 90-day deadline for ratification of these amendments is September 19th The City of Burien is requesting that "affirmative" action be taken to ratify these amendments by each of your City Councils by September 2nd. Why that date? That is the scheduled public hearing by the King County Boundary Review Board on our annexation proposal which needs ratification of the amendments before we can move forward with the annexation. Having ratification completed by September 2nd will allow the annexation process to keep moving forward at the BRB without delay, with an eye toward an annexation election in early 2009. We can live with a one-month BRB delay (if they want to wait for a Sept. 19th ratification), but having the amendments ratified before the Sept. 2nd public hearing will facilitate the process. 1 am happy to provide a sample resolution that you can use for ratification just shoot me an e- mail back. Also, please let me know if and when your City Council ratifies the amendments, so we can track the progress toward ratification. As always, please contact me if you have any questions. Thank you in advance for your consideration of our request. Burien Scott Greenberg,AICP Community Development Director 15811 Ambaum Blvd. SW(Suite C) Burien , WA 98166-3066 (206)248-5510 Department Phone (206)248-5519 Direct Phone 1 www.burienwa.gov 7/17/2008 Kent City Council Meeting Date August 19, 2008 Category Consent Calendar - 6H 1. SUBJECT: MIDWAY SUBAREA PLAN INTERLOCAL AGREEMENT MODIFICATION - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign an amendment to the Interlocal Agreement between the City of Kent and the City of Des Moines regarding the Midway Planning Project revising the study area map to include five parcels of properties zoned Mobile Home Park. I The Cities of Kent and Des Moines are utilizing grant monies to develop land use policies, development regulations, and implementation strategies within the high- capacity transit corridor of Pacific Highway South (SR-99). 3. EXHIBITS: PEDC Meeting Agenda Packet with attachments 4. RECOMMENDED BY: Planning & Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: r COMMUNITY DEVELOPMENT 101 Fred N. Satterstrom, AICP, Director • PLANNING SERVICES KENTCharlene Anderson, AICP, Manager Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 August 6, 2008 TO: Chair Elizabeth Albertson and Planning & Economic Development Committee Members FROM: Gloria Gould-Wessen, AICP, Long Range Planner RE: Midway Planning Project - Amendment to Interlocal Agreement #CPA-2007-4 / #CPZ-2007-2 Midway Subarea Plan MOTION: Approve the amendment to the Interlocal Agreement between the City of Kent and the City of Des Moines regarding the revised Midway Planning Project Study Area Map boundary and authorize the Mayor to sign the interlocal. SUMMARY: Five tax parcels within the City of Kent are proposed to be considered for inclusion into the Midway Planning Project's Study Area (see Interlocal Agreement - Attachment A). To include the five (5) properties, an amendment to the Interlocal Agreement between the City of Kent and the City of Des Moines is recommended (see Study Area Map - Attachment B). The Midway Planning Project is a joint planning project between the Cities of Kent and Des Monies and is being funded by a State of Washington Department of Community Trade and Economic Development (CTED) grant of $125,000. BUDGET IMPACT: None. BACKGROUND: The property owner of West Hill Mobile Manor located at 2424 S 260t" Street (tax parcel #2822049002) requested that said property be included in the Midway Subarea Plan (#CPA-2007-4 / #CPZ-2007-2). Kent's subarea planning effort for Midway is directly tied to the joint Midway Planning Project. To include the aforementioned property into the Midway Planning Project Study Area Map agreed upon in the Interlocal Agreement between the Cities of Kent and Des Moines, an amendment is recommended. Staff proposes that the New Alaska Trailer Park located at 2705 S 240th Street (tax parcel #3603600330) and the three (3) associated vacant parcels zoned Mobile Home Park (MHP) (tax parcel #36036900450, #3603600445, and #3603600440) also be included in the Midway Subarea Plan. The above four (4) properties would also need to be included in the joint Midway Planning Project Study Area Map as an amendment to the aforementioned Interlocal Agreement. ANALYSIS: The properties being considered for inclusion into the joint Midway Planning Project's Study Area Map and the City of Kent's Midway Subarea Plan will be analyzed separately below: West Hill Mobile Manor: 102 The West Hill Mobile Manor (tax parcel #2822049002) is located on a 5.7 acre parcel and contains 62 mobile home spaces, seven (7) of which have recreational vehicles on the spaces.' The Comprehensive Plan Land Use Designation and Zoning District for the parcel is Mobile Home Park (MHP). Based on the City of Kent's GIS data layers, there are no critical area constraints on the property. The zoning around the West Hill Mobile Manor varies. On three sides (north, west, and south) it is surrounded by General Commercial (GC) zoning and along the eastern boundary the zoning is Medium Density Multifamily Residential (MR-M). The surrounding existing land uses are a non-conforming boat manufacturer to the north; two vacant lots and a restaurant to the west and the Woodmont Place shopping mall across 260t" to the south (see Attachment Q. The two vacant parcels together are irregular in size and total .7 acres (29,359 sq. ft.) with the widest depth being 144' and the narrowest depth being 60' adjacent to the West Hill Mobile Manor (the northernmost parcel is triangular and the point extends beyond the northern boundary of West Hill Mobile Manor). New Alaska Trailer Park: The New Alaska Trailer Park (tax parcel #3603600330) is located on a 2.5 acre parcel and based on the City's 2008 OFM Population Estimate, contains one apartment, 27 mobile home spaces, 20 of which have recreational vehicles located on the spaces. The Comprehensive Plan Land Use Designation and Zoning District is Mobile Home Park (MHP). The aforementioned MHP designation also contains three (3) small vacant properties. They are described as follows: Tax parcel #3603600450 at .2 acre (8,320 sq. ft.), #3603600445 at .07 acre (2,995 sq. ft.) and #3603600440 at .07 acre (2,986 sq. ft). It should be noted that tax parcel #3603600450 is split between the Cities of Kent and Des Moines. Based on the City of Kent's GIS data layers, there are no critical area constraints on the properties. New Alaska Trailer Park and the three vacant parcels described above are located where the city limits of Kent and Des Moines zig-zag through the area, splitting one parcel between the two cities (tax parcel #3603600450) (see Attachment D). The City of Des Monies surrounds the MHP site on three (3) sides (north, south, and west). To the north is Highline Community College, zoned Single Family Residential (RS-7,200); to the south is a group home for boys and zoned Multifamily Residential (RM-900B); and to the west are a condominium and an assortment of duplexes and triplexes under the zoning of Multifamily Residential (RM-2400). Along the western edge of the MHP site and within the City of Kent, the uses are two (2) single family residences and three (3) parcels containing commercial activities (i.e., gas station/market, retailer and one vacant lot used for parking). They are all within the Zoning District of General Commercial (GC). DISCUSSION: The aforementioned properties are discussed separately below, and possible solutions to identified issues are proposed. ' Inventory is based on the 2008 Population Estimate conducted by the City of Kent for the Office of Finance and Management (OFM). PEDC Meeting -August 11, 2008 Midway Planning Project—Amendment to Interlocal Agreement Page 2 of 3 - West Hill Mobile Manor: 103 Benefits: • Potential for continuity of land uses from north to south along SR-99; • Vacant properties adjacent to SR-99 could be assembled with the affected 5.7 acre parcel, making a developable area of 6.4 acres. Concerns: • Possible loss of 62 spaces for mobile homes, affecting seniors and families2; New Alaska Trailer Park: Benefits: • Located within approximately 500' from a Bus Rapid Transit (BRT) station; • Located within 1/4 to 1/2 mile radius of a potential future Light Rail Station; • Land assemblage with surrounding underutilized properties would create approximately 5.1 acre developable site; and • Could be a part of a potential Transit Oriented Development (TOD). Concerns: • Possible loss of 27 spaces for mobile homes and one apartment (SF home), affecting seniors and singles.3 Proposed Solution: Every community struggles with the loss of affordable housing to redevelopment. There are a variety of tools that can assist in providing housing for those who are being displaced. They include: • Density bonuses; • Dimensional flexibility; • Reduced parking; • Fee waivers; • Expedited review; • Inclusionary requirements; and • Government sponsored housing project. The City of Kent has previously taken steps to add some protection to mobile home tenants faced with closure of their park. In 2002, Kent revised Title 12 - Planning and Land Development of the Kent City Code to require that prior to eviction notices being issued by the owner for either changes of use or closure of a mobile 1 home park (per RCW 59.21), said owner must first submit to the Kent's Housing and Human Services Office a relocation report and plan that meets city requirements. The City's process ensures that the tenants are informed of the 1 owners proposed closure prior to the State's twelve (12) month eviction notice requirement. CA pm S:1Perm,11P1an1C0MP PLAN_AMENDMENTS120071CPA-2007-4_M,dwaySu6areaPlan,PEDC1081108 Memo2.doc Eric: Attachment A - Interlocal Agreement between Kent and Des Moines Attachment B - Proposed Midway Planning Project Study Area Map Attachment C - West Hill Mobile Manor-Aerial Map Attachment D - New Alaska Trailer Park -Aerial Map Attachment E - KCC 12.05.320 through .380 cc: Charlene Anderson, AICP, Planning Manager Fred N. Satterstrom, AICP, CD Director Denise Lathrop, AICP - City of Des Moines Planning Manager Project File z Based on 2005 Kent Mobile Home Park Inventory conducted by Housing & Human Services. 3 20 of the 27 contain recreational vehicles, which indicate a transient adult population. PEDC Meeting -August 11, 2008 Midway Planning Project-Amendment to Interlocal Agreement Page 3 of 3 7 INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE CITY OF DES MOINES REGARDING I THE MIDWAY PLANNING PROJECT THIS INTERLOCAL AGREEMENT is entered into between the City of Kent, a Washington Municipal Corporation, located and doing busin�ss at 220 Fourth Avenue South, Kent, Washington 98032 (hereafter "Kent") amd the City of Des Moines, a Washington Municipal Corporation, located and doing,' business at 21630 1It" Avenue South, Des Moines, Washington 98198 (hereafter""I?es; Moines"). RECITALS WHEREAS, on January 31, 2008, Kent was awarded a $�25,000 grant from ' the State of Washington Department of Community, Trade and Economic Development, hereinafter referred to as "CTED," to work collaboratively with Des Moines to develop land use policies, development regulations, and implementation strategies within the high capacity transit corridor of Pacific Highway South utilizing a public process that connects with a broader community (th!e "Midway Planning Project"). The CTED Grant Agreement for this Midway Planning Project is attached 1 as Exhibit "A" and incorporated herein (the "Grant Agreement" br"Grant"). WHEREAS, both Kent and Des Moines have contractual obligations in the ICTED Grant Agreement. WHEREAS, Kent is the lead agency for the CTED Grant Agreement with compensation for the work performed under the Grant Agreem�nt to be provided in accordance with the terms of the Grant. WHEREAS, on February 11 and February 20, 2008, es Moines and Kent Council Committees met and agreed on the Midway Planning roject's Study Area, Mission Statement, and Goals as set forth in Exhibit "B" attac led and incorporated 1 herein. WHEREAS, the Study Area, Mission Statement, and Go�ls set forth in Exhibit ` B will guide the public visioning process and the Cities derision making for the Midway Planning Project. I NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, or attached and incorporated and made part hereof, IT IS MUTUALLY AGREED BY KENT AND DES MOINES AS FOLLOWS: I I INTERLOCAL AGREEMENT RE: MIDWAY PLANNING PROJECT - Page 1 (Between the City Of Kent and the City Of Des Moines) I (March 18, 2008) ATTACHMENT A i 106 AGREEMENT � I A. Midway Planning Project Deliverables to CTED. The, following items, or deliverables, must be performed in accordance with the Missjion Statement and Goals in Exhibit B and will be provided to CTED per the terms of the Grant Agreement: I 1. Kent will provide a link to and hard copy of the !final web page for Kent and Des Moines Midway Planning Project website. ' 2. Kent and Des Moines will write a "How to" guidebook based on the lessons learned from using virtual reality software and web-based tools for public visioning process and produce 20 booklets. 3. Kent and Des Moines will provide a draft assessment report of existing conditions within Kent and Des Moines. 1 4. Kent and Des Moines will provide a draft prefdrred high-capacity transit route and station locations for Kent and Des Moines. 5. Kent and Des Moines will each provide dr:ft land use and development regulations for their respective cities for the shared ' border west of Pacific Highway South. These land use and development regulations will be consistent with each other. 6. Des Moines will provide a draft subarea plan or neighborhood plan update reflecting the input from the community, Stakeholders Committee, and governing bodies. 7. Kent will provide a draft subarea plan reflecting ;the input from the , community, Stakeholders Committee, and governing bodies. 8. Kent will provide draft zoning amendments that include example design guidelines and Transit Oriented Development overlay options to reflect alternative land uses within Kent. j 9. Des Moines will provide draft zoning amendmIents that includes example -design guidelines and Transit Oriented Development overlay options to reflect alternative land uses within Des Moines. B. Midway Planning Project Grant Agreement Budget.11, The following will be paid from the Grant Agreement funds by Kent: 1. In pursuit of the deliverables in section A above, Kent, agrees to purchase or provide mailed or published public meeting notice, printing, postage, display materials, refreshments for public meetings, an intern to develop virtual reality scenarios, consultants for web design and hosting, and consultants for facilitation;of public meetings, all of which will be conducted jointly with Des Moines for the purpose of accomplishing the work outlined in the Grant Agreement. I INTERLOCAL AGREEMENT RE: MIDWAY PLANNING PROJECT - Page 2 j (Between the City Of Kent and the City Of Des Moines) (March 18, 2008) ' i i I i r 107 r 2. Kent agrees to pay Des Moines $5,053 from the Grant funds to compensate for staff time spent solely in pursuit of accomplishing the work outlined in the Grant Agreement. i 3. The City of Kent agrees to purchase for Des M lines one license of r CommunityVIZ 360 software and provide trainin; for three (3) staff persons on CommunityVIZ. i r C. Record Keeping and Reporting. The Grant Agreement requires specific record keeping. The following is a division of duties regarding the keeping of those records: l 1. In accord with the Grant Agreement, Des Moines shall maintain, and provide to Kent, books, records, documents and !other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the Grant Agreement deliverables. 2. Des Moines shall provide a copy of all its deliverables described in section A above to Kent in accordance with the Grant Agreement. 3. Kent shall provide a copy of all its deliverables described in section A above to Des Moines in accord with the Grant Agreement. rD. Public Process: The Midway Planning Project will havei an extensive public process with a minimum of four (4) open public forums; four (4) Stakeholders Committee meetings; and numerous public meetings held in the Cities of Kent and Des Moines by their respective planning board/agency and elected officials. The project's mission and goals will serve to guide the public process. The Stakeholders Committee represents interested agencies and institutions, property and business owners, residents, and jurisdictions adjacent to the study arecl. The Stakeholders Committee tasks are the following: r1. Identify preferred high-capacity transit routes and station locations for Kent and Des Moines; 2. Identify possible land use and zoning changes land implementation strategies; 3. Participate in developing design guidelines for the streetscape and the built form (i.e., parking, building, and landscapin ); 4. Provide advisory recommendations to Kent and ves Moines staff and elected officials. r � i r INTERLOCAL AGREEMENT RE: MIDWAY PLANNING PRO3ECT - Page 3 (Between the City Of Kent and the City Of Des Moines) (March 18, 2008) ri 108 E. Miscellaneous: i 1. Termination. This agreement shall terminate on the date that the parties have completed the deliverables in section!A above and have provided the same to CTED, which by the terms of the Grant Agreement shall be no later than June 15, 2009. ! 2. Payment. To receive the compensation in section B.2., Des Moines shall provide Kent with an itemized invoice for billable hours for Des Moines staff work performed in accordance with the Grant Agreement. Payment shall be made by Kent to Des Moines within (thirty) 30 days of receipt of such invoice meeting the requirements'of Kent. 3. Extra Work. In the event it is determined that any "substantial change" from the description of the work contained in the Grant ' Agreement is required, written approval must be!secured from Kent before the beginning of such work. 4. Legal Relations. Des Moines shall defend and hold Kent, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out or in connection with the performance of this Interlocal Agreement, except for injuries and damages caused by the Kent's negligence. ' Kent shall defend and hold Des Moines, its officers, officials, employees, agents and volunteers harmless from i any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out or in connection with the performance of this Interlocal Agreement, , except for injuries and damages caused by Des Moines' negligence. 5. Resolution of Disputes and Governing Law. This Interlocal Agreement shall be governed and construed in accordance with the laws of the ' State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Interlocal Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court located in Kent, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Interlocal Agreement, each party shall pay all of its legal costs and attorney's fees incurred in defending or bringing such claim car lawsuit, in addition to any other recovery or award provided by law; provided, however, 1 INTERLOCAL AGREEMENT RE: MIDWAY PLANNING PROJECT - Page 4 (Between the City Of Kent and the City Of Des Moines) ; (March 18, 2008) , I i 109 i nothing in this paragraph shall be construed to: limit the right to indemnification under section E. 4 of this Interlocal Agreement. 6. Assignment. Any assignment of rights or duties under this Interlocal Agreement by either party without the written consent of the non- assigning party shall be void. 7. Modification. No waiver, alteration, or modification of any of the provisions for the Interlocal Agreement shall be; binding unless in writing and signed by a duly authorized representative of Kent and Des Moines. 8. Entire Agreement. The written provisions and terms of this Interlocal Agreement, together with any attached Exhibits, shall supersede all prior verbal statements of any officer or other representative of either party, and such statements shall not be effective ,or be construed as entering into or forming a part of or altering in any manner this Interlocal Agreement. This document, including !all Exhibits, is the entire agreement between the parties. Should any.1 language in any of the Exhibits to the Interlocal Agreement conflict !with any language contained in this Interlocal Agreement, the terms of this Interlocal Agreement shall prevail. 9. Concurrent Originals. This Agreement is signed in four (4) counterpart originals. 10. Effective Date. This Interlocal Agreement shall be effective as to all parties on the last date signed below. i IN WITNESS WHEREOF, this Interlocal Agreement is executed by the Parties by their authorized officers indicated below. CITY OF KENT: CITY OF D M I By: z By: Arith ny 011asecki Its: Its: Ci Dated: (n44 ' O 8 Dated By Direction of he es Moines City Council in Open Public Meeting on April 24, 2008. 1 � INTERLOCAL AGREEMENT RE: MIDWAY PLANNING PROJECT - Page 5 (Between the City Of Kent and the City Of Des Moines) (March 18, 2008) i I I 110 APPROVED AS TO FORM: APPROVED AS TO FORM: Kent Law Department Des Moines City Attorney 1 i i i i i I f 1 ii 1 1 1 1 1 INTERLOCAL AGREEMENT RE: MIDWAY PLANNING PROJECT - Page 6 (Between the City Of Kent and the City Of Des Moines) (March 18, 2008) , 111 EKH 1 BIT A Local Government Division Competitive GMA Planning Grants 2007-2009 APPLICATION 1 This form is used to apply for a competitive growth management grant from the Washington State Department of Community, Trade and Economic Development (CTED). Be sure to answer each question clearly and with sufficient detail. Information on how to address the questions can be found in the Competitive Grant Application Instructions which was attached to this application form or available online at www cted wa goy/growth. For additional information or questions, please contact the GMA Competitive Grant Coordinator at(360) 725- 3051 or email gmsgrants(cD_cted.wa gov, or contact your assigned planner(see attached map). Section 1 : Proposal Request 1.1 Please give a brief description of your grant proposal. 50 words or less Develop land use policies, development regulations, and implementation strategies within the high-capacity transit corridor of Pacific Highway South (SR-99) utilizing a public process that connects with a broader community base by employing traditional methods and new methodologies (i.e., virtual reality, web based surveying platforms)to create a shared vision for the area. 1.2 What level of funding are you requesting from CTED to accomplish this, purpose? $125,000.00 ' 1 112 Section 2: Jurisdiction Information Applying Jurisdiction City of Kent Joint Applicants City of Des Moines ,Project Manager g Name Gloria Gould-Wessen, AICP Title GIS Coordinator/Long Range Planner Department Community Development— Planning Services Mailing Address 220 Fourth Ave South City Kent State WA Zip Code 98032-5895 , Telephone Number 253 856.5441 Fax Number 253.856.6454 Email ggould-wessen@ci kent.wa.us Do you wish to receive information and materials via email? Yes 0 No ❑ Financial Contact Name Gloria Gould-Wessen, AICP , Title GIS Coordinator/Long Range Planner Department Community Development— Planning Services Mailing Address 220 Fourth Ave South City Kent State WA Zip Code 98032-5895 Telephone Number 253.856 5441 Fax Number 253 856.6454 E-mail ggould-wessen@ci.kent wa.us Federal Tax Identification Number 91-6001254 Statewide Vendor(S")Number Kent does not have a SVW#, but our DUNN#is 020253613 2 i 1 113 Section 3: Eligibility Requirements 3.1 Does your jurisdiction(s) have an adopted comprehensive plan, critical areas ordinance and/or, where applicable, a natural resources lands ordinance? D YES ❑ NO 3.2 . Has your jurisdiction(s) adopted other necessary development regulations under the GMA, including ordinances for subdivision of land, controls on the location and intensity of development(i.e., zoning code) and critical areas? 0 YES ❑ NO 3.3 Is your'jurisdiction(s) in compliance with all GMA requirements? O YES ❑ NO Section 4: General Grant Review (100 Points) This section provides information about the project, its proposed schedule and the final product it will generate. The applicant must prepare the following "Statement of Work", which will be examined in detail during the grant review process. It will become part of a contract if the grant is awarded. Applicants are not limited to the number of lines represented on the grant application form Additional lines will most likely be necessary. 4:1. Provide a complete statement of work for the project. Statement of Work Goals/Actions/ Description Start End Deliverables Date Date Goal 1.0 To implement a variety of computer technologies to facilitate and enhance the community visioning process for the Pacific Highway Transportation Corridor Study Area PHTC strategic planning effort. Action 1 1 Select and purchase preferred virtual reality 1/2/08 1/29/08 software and training package for Kent and Des Moines 3 114 Action 1.2 Build virtual reality platforms for use in 1/29108 4/30/08 community visioning process. Action 1.3 With assistance from a consultant, develop 1129/08 5/15/08 web-based community visioning process. Deliverable 1.4 Provide link and hard copy of final web 1/29/08 6/15/09 page for the Cities of Kent and Des Moines. Deliverable 1.5 Write a'How To' guidebook based on the 11/j15/08 6/15/09 lessons learned from using virtual reality software and web-based tools for public visioning process(i.e., hardware requirements; software used; staff time commitment; and assessment of the public use); and produce 20 booklets. Goal 2.0 To develop consistent goals, land use policies, development regulations and implementation strategies along the Pacific Highway Transportation Corridor Study Area based on community input that uniquely reflects Kent and Des Moines. Action 2.1 Audit land use goals, policies and 112/08 211/08 development regulations for consistency in Kent and Des Moines. Action 2.2 Inventory environmental conditions, utility 1/2/08 2/15/08 service and availability, existing businesses, and land use capacity for Kent. Deliverable 2.3 Draft assessment report of existing 1/2/08 2/28/08 conditions within Kent and Des Moines. Action 2.4 Working with consultants, develop a 1 f2/08 5/15/08 webpage for Midway/Pacific Ridge planning efforts and operationalize web-based community visioning platforms. Deliverable 2.5 Provide web address and hard copy of web 4130/08 6/15109 products. Action 2.6 Working with a facilitator, conduct 1/2/08 5/25/08 community visioning meetings to identify ' strengths, weaknesses, constraints, and opportunities for PHTC, to identify potential uses, and to define the form new development might take in the area. Action 2.7 Working with a facilitator, conduct Steering 1/2/08 3/25/008 Committee meetings to identify strengths, ; weaknesses, constraints, and opportunities for PHTC with the goal of identifying the preferred route and station location(s)for future high-capacity transit through the study area and define the form new ' development might take along the preferred transit route and around station areas . I ; 4 i ! 115 Action 2.8 Compile results from community and web- 511/08 9/26/08 based visioning and Steering Committee efforts and report to the public, participants, i and governing bodies within Kent and Des Moines. Action 2.9 Develop alternatives for land uses, transit 6/16108 9/26/08 alignments, and TOD overlay zones for ' Kent and Des Moines. ' Action 2.10 Review draft alternatives and select 9120/08 11/20/08 preferred alternative by the Steering Committee and public within Kent and Des Moines. Deliverable 2.11 Draft preferred high-capacity transit route 1 1/2 /08 6/20/09 and station locations for Kent and Des Moines. ' Deliverable 2.12 Draft land use and development regulations 11/20/08 6/20/09 that are consistent between Kent and Des Moines along 'zippered'border. i Deliverable 2.13 Draft TOD overlay zones for Kent and Des 11/210/08 6/20/09 Moines based on preferred high-capacity transit route and station locations. Deliverable 2.14 Draft subarea plan reflecting the input from 11/20108 6/20/09 the community, Steering Committee, and governing bodies that uniquely reflects the City of Kent. Deliverable 2.15 Draft zoning amendments, that possibly 11/?0/08 6/20/09 include design guidelines and TOD overlay ! for Midway area to reflect preferred land use within the City of Kent and Des Moines. Deliverable 2.16 Draft revised zoning and development 11/20/08 6/20/09 regulations for Pacific Ridge, as needed,to incorporate a preferred transit alignment and TOD overlay within the City of Des Moines. i The applicant must answer the following questions pertaining tolthe above "Statement of Work". These questions represent the applicant's response to the review criteria for this particular grant program. I S ! 116 4.2 ' Consistency with GMA (0-10 points): What GMA requirements are f addressed by the work in your proposal? The following GMA policies address the aforementioned proposal: ' RCW 36.70A.020- Planning goals. (1) Urban growth. Pacific Highway South (SR-99) is considered a regional transit corridor by King County METRO and Sound Transit. Both agencies have plans to expand service into and through the corridor(Le , King County Executive's 'Rapid Ride' program will bring high speed transit along Pacific Highway South and Phase II Sound Transit would extend light rail from SeaTac Airport through Kent and Des Moines to Federal Way). The proposed Kent and Des Moines joint visioning process would result in individual land use goals and policies, development regulations and implementation strategies that would complement each other with the intention of supporting the proposed high intensity transportation services. (3) Transportation & (11) Citizen participation and coordination We anticipate that the use of technology as part of the visioning process for the expansion of high-capacity transit will ensure that the planning process reaches a broad range of the public. RCW 36 70A 100- Comprehensive plans- Must be coordinated: The Midway Area has an unusual 'zippered' like boundary between Kent and Des Moines, making the proposed collaborative effort essential for developing land use and development regulations that mirror and complement each other. Collaboration with regional transit agencies will initiate the planning process for locating the preferred light rail alignment and station locations, furthering the GMA spirit of cooperation and collaboration. 4.3 Purpose: (0-15 points): What specific goals/policies/actions of the comprehensive plan would be implemented by the project? The proposed project would meet multiple goals of the Cities of Kent and Des Moines Comprehensive Plans, as well as policies for the specific neighborhood bisected by "zippered"city boundaries. The following are the desired outcomes based on the Comprehensive Plan goals and policies- Key Outcomes: ' • Develop land use goal and policies and development regulations for the Midway area that are coordinated in a manner that creates predictability for property ' owners and/or businesses located along the "zippered"city boundary with Kent and Des Moines, and in particular, where properties are bisected by jurisdictional boundaries. • Revise the zoning and development standards in Kent and Des Moines to provide opportunities for mixed use development and increased capacity for jobs and housing in support of the high capacity transit as well as the 2040 regional growth strategy. • Create in Kent a subarea plan, and possibly identify Midway as an Activity Center,to provide the foundation for revising the land use goal and policies and development regulations in preparation for high capacity transit and 2040 regional growth • Coordinate the location and design of METRO's Rapid Ride bus stops along SR 6 117 1 ' 99 in the Midway and Pacific Ridge neighborhoods to meet the service change planned for 2010. i • Identify a preferred light rail alignment and potential station locations in the Pacific Ridge/Midway areas. i ' Designate TOD overlays for key transit station locations in Kent and Des Moines. • Use GIS, virtual reality and web based software as a new opportunity for reaching diverse populations, property owners and businesses that may not have 1 the desire or capacity to attend more structured public meetings. i Success Indicators: ' • Engagement of key stakeholders to inform and support the planning,;development and success of the Midway and Pacific Ridge neighborhoods. I • Development of clear, efficient and predictable development regulations. • Integration of land use goals and policies, development regulations, and implementation strategies based on environmental conditions, surrounding neighborhoods and public input. I City of Kent Comprehensive Plan noalsfpolicies/strategies: Chapter 3 -Policy Framework: Urban Growth (7) The City and neighborhood groups shall cooperatively develop neighborhood plans addressing land use, mobility, parks, safety, and public facilities and services to foster a stronger sense of community identity and citizen participation throughout Kent. Transportation (2) The City shall continue to support public transit, including expanded Sounder commuter rail service. Transit service shall be focused in designated medium-and high-density centers within the City. Economic Development(3) Public infrastructure, transportation and transit service enhancements shall be utilized to focus economic development in designated medium and high-density areas. Chapter 4—Land Use: Goal LU-6 Designate Activity Centers in portiohs of the City and in the Potential Annexation Area. Allow in these areas a mix of retail, office, and residential development. Goal LU-14 Determine the size, function and mix of uses in ' the City's commercial districts based on regional, community and neighborhood needs. Policy LU-14.1 Develop subarea plans for the Activity Centers and the Vrban Center to identify visual and physical focal points, edges, and connections. Reserve open space and select target areas for development and public infrastructure. Identify pedestrian- oriented streets and paths, and links with multi-modal transportation facuitles. Policy CD- 7.11 Work with the business community and neighborhood residents to make aesthetic and functional improvements to commercial areas. Improved image and,appeal will increase sales potential and enhance the character of the City. Chapter,5 Community Design: Goal CD-5 Develop mixed-use areas which are vital and attractive focal points of community activity. Chapter 8—Capital Facilities: Goal CF-16 The City shall participate im a cooperative inter jurisdictional process to determine siting of essential public facilities of a county- wide, regional, or state-wide nature. Chapter 9—Transportation: Policy TR-1.1 Locate commercial, industrial, multifamily, ' and other uses that generate high levels of traffic in designated activity centers around intersections of principal or minor arterials or around freeway interchanges. Policy TR- 1.88 Promote land use patterns which support public transportation and lensure the ' development includes transit-friendly features. i 1 7 i 118 City of Des Moines Comprehensive Plan goals/nolicies/strateales: General Planning Element: Policy 1-03-05 Plan for and regulate development to enhance the quality and maintain the unique character of Des Moines'nbighborhoods and business districts, Policy 1-03-06 Establish and enforce development standards that are clear, predictable and allow for flexibility to account for unique circumstances;Polic , 1-03-07 Coordinate planning for Des Moines with state, regional, county-wide and neighboring jurisdictions'planning activities,and Policy 1-03-08 Cooperate with other governmental bodies, institutions and businesses and assume a leader4hip role in I pursuing activities of mutual benefit. Land Use Element: Policy 2-03-03 Ensure future development has adipquate public facilities and services can be concurrently provided; Policy 2-03-OS Promote a land use ' pattern, scale, and density that supports public transportation services and encourages people to walk and bicycle, as well as provide convenient and safe autojnobile usage; Policy 2-03-08 (3) Promote new development and redevelopment within)Pacific Ridge to create a district with a broad range of uses, servicing a local and regional clientele and ' using the Pacific Ridge Design Guidelines to reduce crime and create abetter working and living environment; and Strategy -0�4-0§Encourage improvement of the Downtown and Pacific Ridge Neighborhood by working with the business community and other ' representative organizations to achieve the goals of the Des Moines Comprehensive Plan. Transportation Element: The Transportation Element acknowledges �ing County and Puget Sound Regional Council goals and policies promoting a compact idevelopment ' pattern and a "centers"concept within urban areas and the need to encourage and provide alternatives to the single occupancy vehicle transport mode. Goal 3-01-01 To create an efficient and safe transportation system within, through, and around Des ' Moines that provides mobility for future motorists, pedestrians, bicyclists, and transit patrons; Policy 3-03-15--Provide opportunities for residents and business owners to participate in the design and development of Des Moines'transportation system; Strategy 3-04-02 0 Pubic Transportation—Ensure that new commercial, multifamily, and single family subdivisions, adjacent to transit routes are designed to provide convenient pedestrian access to transit stops. Require such developments to incorporate facilities, such as transit shelters, bus pullouts and landing areas that foster , transit ridership. Pacific Ridge Neighborhood improvement Plan: The proposed project would help to further the goals/policies/actions/vision identified in Pacific Ridge Neighborhood Improvement Plan that are intended to transform Pacific Ridge into a now urban community that takes advantage of its geographic location, local and regional transportation linkages, stable soils and view potential; replace lower-spale, existing buildings with new structures that will dramatically enhance the appearance,character, , economics and safety of the area; include buildings and open spaces gesigned for pedestrians as well as motorists; and exhibit superior design features that make the neighborhood inviting to residents and businesses, complement other areas of Des , Moines, and foster community pride. I i i 8 1 119 4.4 ' Readiness to Proceed: (0-25 Points): Why is the 2007-2009 biennium the most appropriate time to.proceed with the proposed project? Initiating the public visioning process early in 2008 and developing land use goals and policies, development regulations, and implementation strategies is appropriate for the following reasons: 1) Initiation of King County's"Rapid Ride"system along Pacific Highway South through Des Moines and Kent in 2010; 2) Extension of Sound Transit light rail through Des Moines and Kent, 3) Expansion of Highline Community College in partnership with Central Washington University; 4) Completion of road improvements to Pacific Highway South; 5) Creation of a Business Park Master Plan for light industrial and office uses by the Port of Seattle on a 98-acre site located on South 216'h Street; 6) ' Completion of preliminary work for Brownfield site redevelopment at the Midway and Kent Highlands Landfill; 7) Current work program to amend Commercial Zoning District Map and Text within the City of Kent; 8) Recent zoning amendments and redevelopment ' activities in Pacific Ridge and Midway areas in Des Moines; and 9) Completion of Subarea Plan Study by graduate planning studio from the University of Washington Department of Urban Design. The character of the study area is changing and both cities need to adjust their planning documents and regulations to address growth in this major transportation corridor. It is time to revise regulations to eliminate confusion along the 'zippered' boundary where some parcels are split between jurisdictions. Developing regulations with a shared vision between jurisdictions will streamline the development process for those property owners It is also time for the public to participate in a visioning process to shape the community where they live and work. In conjunction with Des Moines and the visioning process along Pacific Highway Transportation Corridor Study Area, Kent will revise land use goals and policies and development regulations, and produce a subarea plan that has the potential to provide design standards and a TOD overlay in anticipation of a Planned Action Ordinance that will streamline the permit process and promote economic revitalization. Based on community feedback, Des Moines will develop a land use plan for the Midway corridor that will identify key locations for mixed use development to provide increased job and housing capacity, provide design standards along the corridor and possible TOD overlay,with the overall goal of complimenting land use goals and policies and development regulations identified through Kent's planning work. The visioning effort will also help educate the public and elected officials about choices related to future transit station locations and light rail alignment For example, Des Moines City Council currently supports a light rail alignment along 1-5; however, in recent discussions at a 1 developer forum, it was recommended that the City consider an alternative alignment to better support the high density development planned for Pacific Ridge and to provide opportunities for more transit oriented development in both the Pacific Ridge and Midway areas. In an effort to meet the timelines established by this grant, we will begin working with both Councils to outline the needs and opportunities, define mutual goals and outcomes, define project management structure and responsibilities for the joint planning effort, refine the project's schedule and interdepartmental commitments; begin data collection; and research virtual reality software. Gloria Gould-Wessen— GIS Coordinator/Lon 9 120 ' 1 Range Planner will be the lead for the City of Kent She has completed the CTED ' contract#C06-63200-284 and Kent's Community Development Department has a long history of successfully completing state grants With Kent's Mayor and Council support, other city Departments will provide the following: Cathy Mooney— Senior Transportation Planner/Public Works, Kevin Casault—Senior Systems Analyst/ Information Technology, Kurt Hanson —Economic Development Manager/Office of the Mayor, Ben Wolters— Economic Development Director/Office of the Mayor, and Dea Drake— Manager/Multimedia. There is a commitment by Des Moines' Council and they will assign the following Planning, Building and Public Works (PBPW) and technology staff to this project* Denise Lathrop— Planning Manager/Plan Development PBPW, Jason Sullivan — Planner If/Development Services, Dan Brewer—Transportation Engineer/Assistant Director PBPW and Steve Schunzel—GIS Administrator/Information Technology. Des Moines staff, Steve Schunzel and Jason Sullivan, have expertise in GIS, website development and spatial analysis programs giving both jurisdictions the knowledge to implement the technology portion of the proposal. ' 4.5 Local or Regional Need: (0— 15 points): What is the direct community ' benefit of this proposal and what needs or problems will it address? There are shared and individual benefits that will come from this proposed planning effort. Both jurisdictions will benefit from the potential for creating a sense of place through the visioning process and will gain from the resulting land use goals and policies and development regulations that will streamline development within and across the shared "zippered border". Policy makers will benefit from an opportunity to find common ground. This process will also give both jurisdictions the opportunity to coordinate development standards related to potential TODs in support of this regional transit corridor. The City of Kent will create a subarea plan that will clear the path for a Planned Action Ordinance (PAO). We know that Kent's PAO reduced the time to attain permits to build Kent Station,which has created 550 new jobs. We anticipate the PAO for Midway will create a market for redevelopment within the corridor that can be measured in new construction,jobs, and housing. Likewise, Des Moines invested significant resources in the development of the Neighborhood Improvement Plan, Planned Action Ordinance and design guidelines for the Pacific Ridge Neighborhood and envisions similar planning documents for the Midway area. Pacific Ridge will be accepting the majority of Des Moines 2020 growth- however, the 2040 Regional Growth Strategy will require the City to provide additional capacity for jobs and housing, making the visioning for the Midway and Pacific Ridge neighborhoods very timely The public process will include regional and state agencies and local jurisdictions connected to this transportation corridor. They include the following. Cities of SeaTac, Des Moines, Kent, and Federal Way; King County METRO, Sound Transit, Washington State Department of Transportation, Seattle Public Utilities, Port of Seattle, Highline Community College, and Puget Sound Regional Council. A measure of our success will be how well the Steering Committee meetings are attended. Another measure will be how many of the public attend the open houses and workshops and participate in web based visioning, chat-rooms, or surveys. The true measure of success will be whether the land use goals and policies, development regulations, and implementation strategies foster economic revitalization that creates a sense of place. 10 121 i 1:4.6 Demonstration Potential: (0-20 points): Is this a project that would provide an example that can.easily be used by other local governments? The use of virtual reality software and enhanced web tools as part of the visioning process for the proposed subarea planning effort is relatively new in community planning We feel this innovative approach provides opportunities to obtain input from a larger segment of the community that typically does not or cannot attend more structured public meetings. A traditional path to public participation will also be used to identify stakeholders and conduct open houses/workshops. A professional facilitator will conduct the public open houses/workshops and assist policy makers in reaching a common vision. What is learned from building and implementing interactive virtual reality platforms and any new outreach tools we find successful will be transferred to 1 other jurisdictions through a "how to"guidebook as part of our deliverables Possible limitations to using technology in public participation are budget and time. While the software ranges upwards starting at$750, the commitment of time—which translates into money—is considered by some as limiting. We hope that the"how to"guidebook will reduce those costs by highlighting pitfalls and successes. This technique could be useful to other planning efforts, including the fields of Park and Transportation Planning. The following elements for the public process are proposed. 1. Contract with a facilitator to work with the agencies and policy makers to form a steering committee committed working together collaboratively, sharing information, discussing opportunities and challenges, and providing input on matters concerning regional transportation options within the study area, 2. Set-up a website (known as an extra-net) for communication among working groups, to facilitate scheduling and share data and work products among the stakeholders and staff; 3 Set-up a website (known as a wickie) that operates like a chat-room for public comment on proposed land uses, building form, and transit alignment. Comments are uncensored with the exception of inappropriate content, 4. Conduct a visioning process for the public in the traditional format through open houses,workshops or charrettes facilitated by hired professional using a combination of fact finding and sharing, brainstorming, and virtual reality software, explore opportunities for new land uses and designing buildings suitable for the study area, 5. Provide a web-based visioning process using virtual reality software that employs aerial photography (i.e., GoogleEarth or Microsoft's VirtualEarth) and 3-D modeling techniques (i.e., CommunityVis or SketchUp) to mimic the traditional format, but that can be conducted at the participant's leisure and lifestyle; and 6. Utilize a wide variety of methods to inform the community of the project(i.e , community based TV, newspaper, direct mailing, public library displays and booths at community events such as Des Moines Farmers Market and Waterland Festival or Kent's Farmers Market and festivals 11 122 4.7 'Local Commitment to the Project: (0-15 points): Does the council or !� board of commissioners support the proposal and, if so, how? The commitment of the Cities of Kent and Des Moines to the proposed visioning effort is expressed in this application. The attached letters of support from our respective Mayors reinforce this commitment. We also have obtained letters of support from several stakeholders identified as essential for a successful process. Each stakeholder has committed to fully participating in the visioning process. The City of Kent Planning Services work program lists Planning for Activity Centers as a task. The Strategic Goals of Kent's City Council support the redevelopment of commercial areas and has targeted Midway for such an effort. Additionally, Kent City Council supports the following Strategic Goals: Strengthen intergovernmental relationships; Increase involvement of residents in neighborhoods; Increase opportunities for citizen participation in local government, Partner with the community in planning transportation improvements; and Identify and coordinate city-wide communications Des Moines has committed and budgeted the proposed work program and committed staff time for inclusion and adoption into the Planning, Building and Public Works 2008- 09 budget cycles. Des Moines is committed to joint transportation and land use planning with our neighboring jurisdictions and transit agencies, as demonstrated by recent Council-endorsed resolutions to work collaboratively with the City of SeaTac on these issues in the area north of Pacific Ridge and initial discussions with Sound Transit regarding light rail alignments and station locations. Des Moines has also retained the services of an Economic consultant to advise the City on economic opportunities and conditions related to redevelopment along SR 99, in the Business Park and in Downtown. It is anticipated that Des Moines Economic Advisor will play an important role in evaluating the market potential for identified land use alternatives and transit- oriented development along the SR-99 corridor, and identifying opportunities for public investment, funding strategies and sources for implementing the plans that evolve out of this visioning process Section 5: Special Topic or Concern (0-10 Points) 5.1 Special Need or Concern Applications that address one of the following special needs or concerns may receive additional points during the review process. If one of the following special topics or needs applies to the proposed grant, then please indicate which topic should be considered. Applicants should mark only one topic. Applicants will not get additional points by marking more than one topic. ❑ Regional Collaboration © Streamlined Regulations ❑ Capital Facility Plans ❑ Transportation ❑ Affordable Housing ❑ Sustainable Communities ❑ Rural Opportunities ❑ School Planning/Siting 12 123 The applicant will need to answer Question No. 5.2 and one of the questions following it which matches the topic or special need that was chosen, if any. If no topic was chosen, then the applicant can proceed to the next section. 5.2 Commitment to Permanent Planning Capacity: -How will the proposed project be incorporated and/or continued, if at all, in the jurisdiction's capacity for planning growth management? The proposed planning effort is founded in the desire for revitalization of an area that is located along a major transportation corridor. While the public outreach will be a one time event associated with the grant funds, the knowledge gained from the use of technology can be used on other projects needing public input. Another measure would be how many local governments and agencies use our "how to" booklet as a resource The land use regulations and implementation documents resulting from our efforts will drive future redevelopment, and our success will be measured by the speed and amount of development that occurs and by the consistency created between Kent and Des Moines regulations The inter-governmental relationships we build will be long lasting because planning efforts for any high-capacity transit along the corridor will require continued communications and deliberations 5.3 Regional Collaboration: (0-10 points): Has your jurisdiction entered into any partnerships or intergovernmental arrangements to complete the project? It is our expectation the Kent and Des Moines will enter into an intergovernmental agreement prior to acceptance of a grant award We have also garnered the commitment from key stakeholders, in particular METRO, Sound Transit and WSDOT, to participate in our community visioning and planning effort, as demonstrated by the letters of support submitted with our application. 5.4 Streamlined Regulations: (0-10 points): Will the proposed grant reduce or expedite the successful completion and processing of development regulations and building permits? Kent and Des Moines share a border that looks like a "zipper" with several tax parcels within both jurisdictions Allowed uses and development standards vary between Kent and Des Moines. A desired goal is to revise both zoning codes, and possibly the Comprehensive Plans, in an effort to standardize regulatory language thereby reducing confusion for developers, code enforcement, and 1 customer service. There would be consistency. 13 124 The goal to standardize regulations would be expanded to include TODs. This conformity will come from the public process that does not discriminate as to which jurisdiction you live within, and from the Steering Committee's facilitated work products It is anticipated that a set of coordinated and uniform TOD development regulations will emerge from the public process. The City of Kent will be going further with streamlining regulations by creating a subarea/TOD plan for the study area as a precursor to initiating a Planned Action Ordinance (PAO) and possibly a revision to Kent's SEPA to include Infill Exemptions. The PAO facilitates development by completing an EIS thereby reducing the cost of SEPA both time and money. The PAO for Kent Station facilitated development so that within 2 years the developer is moving on to stage 3 of 4 with 550 jobs already created. To streamline the development review process, Des Moines will revisit the Pacific Ridge SEPA Planned Action to determine whether additional environmental analysis is required for TOD overlays or zoning amendments in Pacific Ridge; additional SEPA analysis would likely be in the form of an EIS Addendum. For the Midway area, Des Moines will complete the necessary SEPA review and establish a Planned Action for new zones or TOD overlays. In the event that a designated TOD is established in conjunction with the City of Kent, a joint SEPA review may be warranted The City will also evaluate whether recent amendments to the Pacific Ridge zones relating to building heights and recreational area requirements, and proposed amendments to parking requirements may be applicable to new zones and TOD overlays identified for the Midway area Additional incentives that will be explored as part of this planning effort include but are not limited to: a consolidated permit review process, reduced parking requirements in TOD overlay zones, and height bonuses for the provision of affordable housing. 5.5 Capital Facility Plans: (0-10 points): Does this proposal include any new or innovative ways or means to enhance the capital facilities elements of comprehensive plans? Not Applicable 5.6 Transportation: (0-10 points): Will the project resolve deficiencies or gaps in determining concurrency among state, regional and local transportation plans? Not Applicable 14 125 5.7 Affordable Housing: (0-10 points):.Will this proposal help jurisdictions 'develop practical and feasible options for the development of affordable housing, particularly for households earning less than the median household income? Not Applicable ,5.8 Sustainable Communities: (0-10 points): Does the proposed project address any aspect of the Governor's Executive Order 07-02, "Washington Climate Change Challenge"? Not Applicable 5.9 Rural Opportunities: (0-10 points): Will this proposal develop innovative land use regulations in'rural jurisdictions that are consistent with GMA? Not Applicable 5.10 School Planning /Siting: (0-10 points): Does this project entail the coordination among cities, counties and school districts to plan and develop guidelines for the location of schools as important community assets? Not Applicable Section 6: Financial Information/Budget This section provides information about the project's cost, other funding sources, and the resources that would be committed by your jurisdiction 6.1 , If this proposal is approved and the jurisdiction receives'a grant from CTED, what local resources would be committed to the project? The Cities of Kent and Des Moines plan to commit staff time, in-kind support, and funding to complete the project Staff from several departments will be dedicated to the project for designing and implementing web sites, providing graphic and video support for outreach, and creating press releases and publicity for the project. Both Kent and Des Moines will dedicate staff to provide consultants information and data (i.e., land use capacity for transportation modeling, GIS data layers, etc ), participate in and provide space for the public open houses and/or workshops, manage and produce policy documents and a 'how to' handbook for the project 15 126 6.2' , What other funding sources has your jurisdiction,applied for that are contingent upon the funding from CTED? None. 6.3 Have all contractual obligations been met in other contracts the jurisdiction has had with CTED regarding growth management activities? If no, please explain the circumstances. Kent and Des Moines have no outstanding contractual obligations with CTED 6.4 Indicate what the status of the project will be if the jurisdiction does not receive funding for the project. In 2008, the City of Kent will be moving toward a subarea planning effort for Midway. Kent will need to work closely with Des Moines for success The CTED Grant is more than simply money, it provides credibility to our shared vision outlined in this grant application. Without the CTED funds, we may not retain the support of essential agencies (Le , METRO, Sound Transit; and WSDOT), and without their participation, the scope of our work program would shrink If they dropout, others may too (i.e., Cities of SeaTac and Federal Way, Port of Seattle, Highline Community College, and PSRC). We will not be able to hire a consultant to assist staff in the public visioning process without the CTED funds Potentially our public process will suffer from not having a professional to organize and facilitate the public workshops/open houses The professional's expertise is essential to have success with the Steering Committee, given the Committee will be made up of high-level representatives of different constituencies. A professional skilled in facilitation and conflict resolution will be needed to reach a consensus on the preferred transit alignments and stations needed for the subarea planning efforts. Without the preferred transit options creating a TOD element to the subarea plan will be impossible, and the planning effort will be disjointed and probably delayed. We would have to drop the use of technology to expand our community participation if we were not funded. As a result, we would miss the opportunity to obtain input from a broader and more diverse segment of the community. The cost of the software and training is prohibitive for Des Moines and would need to be considered in the Kent's 2009 Budget cycle. All other aspects of public outreach would be reduced (i e., number of mailings, number of workshops, and video production. The website development would be informative, but not inclusive because the time to monitor and respond to an interactive chat-room would be prohibitive. 16 127 6.5 Provide a budget for the project. SFY2008** SFY2009** Total (7/1/2007 to (7/1/2007 to (Both Fiscal Years) 6/30/2008) 6/30/2008) EXPENSES -- Salaries and Benefits $47,200 $47,200 -- Goods and Supplies $6,300 $400 $6,700 -- Professional Services $40,000 $15,000 $55,000 -- Other Goods and $15,400 $700 $16,100 Services Total Expenses* $108,900 $16,100 $125,000 �I a b c=(a+b) REVENUES SFY2008** SFY2009** Total (7/1/2007 to (7/1/2007 to (Both Fiscal Years) 6/30/2008) 6/30/2008) -- CTED Grant Funds $108,900 $16,100 $125,000 -- Other Funds $96,000 $96,000 $192,000 Total Revenues* $204,900 $112,100 $317,000 d• e• f=(d+e) * Estimated expenses (column `a' and `b')must match the estimated sources of funds (column `d' and column `e')for each respective fiscal year. The total in column `c' must equal the total in column `f. ** The"State"fiscal year is July 1 to June 30 and may not be the same as the jurisdiction's fiscal year. S IPermalPlanICTED1200812007 09 CTEDApplicaleon_F1nal doc 17 129 OFFICE OF THE MAYOR Suzette Cooke, Mayor 2204th Avenue South Kent, WA 98032 K E N T Fax: 253-856-6700 W.p NINOTON ! PHONE: 253-856-5700 I September 17, 2007 Leonard Bauer, AICP Managing Director Growth Management Services Washington State Department of Community, Trade and Economic Development 128-10'"Ave SW P.O. Box 42525 Olympia,Washington 98504-2525 i I Re: 2007-2009 Biennium Competitive GMA Planning Grants I Dear Mr. Bauer In partnership with the City of Des Moines, I am delighted to submit to you a joint application for the 2007-2009 Biennium Competitive GMA Planning Grant. The timing is opportune to maximize our joint planning efforts along Pacific Highway South (SR- 99)where continued transportation corridor enhancements are anticipated) Along with the traditional public outreach, the cities of Kent and Des Moines propose to utilize web based chat- rooms, surveys, and a virtual reality charette in an inclusive visioning process that will guide land use policies and implementation strategies in the Midway/Pacific Ridge area. This collaborative effort proposes to revitalize an area where boundaries are leo important than creating a common vision among all stakeholders. I I appreciate your consideration of our proposal as you award the 2007-2009 Biennium Competitive GMA Planning Grants. Sincerely, uz tte Cooke / ayor I GGW:cb\S:\Permit\Plan\CTED\2008\CTEDGrant Mayor Itr.doe N 3 c' Gloria Gould-Wessen,Plaaning Services i File (2008 CTED Competitive Grant) I .6 MAYOR SUZETTE COOKE 130 • ADMINISTRATION 2163011TH AVENUE SOUTH,SUITE A A DES MOINES,WASHINGTON 90190.8398 (206)876.4596 T.D.O.:(206)82441024 FAX:(206)870.8540 L t? ♦ L. . September 13,2007 I Mr.Leonard Bauer,AICP,Managing Director Growth Management Services i Washington State Department of Community,Trade and i Economic Development ! 128-10th Ave SW PO Box 42525 Olympia,WA 98504-2525 Subject: 2007-09 Competitive GMA Planning Gmat for the Cities of Kent andlDes Moines Dear Mr.Bauer. The City of Des Moines in partnership with the City of Kent is pleased to submit this joint application for the Washington Department of Community,Trade and Economic Development's 2007-09 Competitive GMA Planning Grant. I Des Moines and Kent have a unique opportunity to leverage our planning efforts in the Midway area along Pacific Highway South(SR-99)where our jurisdictional boundaries meet. The goal for phis project is to conduct a unique visioning process with stakeholders and community members that will]help to guide future land use and regulatory planning for the Midway area in anticipation of the expansion of Pacific Highway South as a regional transit corridor by both King County METRO and Sound Transit. This joint planning effort will result in work programs for both the City of Kent and Des Moines that may i�clude a Subarea Plan,Preferred Light Rail Alignments,Transit Oriented Development(TOD)Overlay Zones,Economic Development Strategies,Planned Action Ordinance and the designation of an Activity Center,depending on the needs of out individual jurisdiction. Because Des Moines and Kent share common boundaries in the proposed study area,oµr cities will mutually benefit from the outcome of this planning effort. We believe that the resulting work programs will move the community's vision towards coordinated policy and planning documents that further ecbnomic growth in the area. I S i Mayor Bob Sheckler City of Des Moines cc: i Mayor Pro Tern Scott Thomasson Councilmember Dave Kaplan Councilmember Ed Pina Councilmember Susan White Councilmember Dan Sherman Tony Piasecki, City Manager Councilmember Carmen Scott Ae �fIr ®Printed on Recycato Paper 131 I � City of Seattle Y Grc<<ny J. Nickels, Mayor Seattle Public Utilities Chuck Clarke,Director p VC C Ei I v I D A g'i September 6,2007 Si Mr.Leonard Bauer,A[CP pU1NNING S�VlCE8 Managing Director—Growth Management Services State of Washington Department of Community Trade&Economic Development\ 128-1&Ave SW � PO Box 42525 Olympia,Washington 98504-2525 RE: 2007-2009 Competitive GMA Planning Grant Application—City of Kent rd City of Des Moines Dear Mr. Bauer, i I have been invited to participate as a stakeholder in a visioning process for the Midway Area. The invitation was made by the Cities of Kent and Des Moines in association with a;2007-2009 Competitive GMA Planning Grant Application being submitted by the City of Kent. I am se0ding this letter of support through the City of Kent so that it can be included in their grant application. The City of Seattle is a significant stakeholder in the Midway Area due to our ownership of the Midway Landfill,a 60+acre Superfund site prominently located between Highway 99 atld Interstate 5. Seattle Public Utilities has been working diligently with the cities of Kent and Des Moines on the redevelopment of this property and the role it will play in the overall development of the Midway Area. We are both appreciative and enthusiastic to participate in this visioning effort. It is our hop' that all stakeholders will benefit, particularly those communities most affected by this effort. We look forward to participating as a stakeholder and commit to the grant's sc 'eduled completion date of June 2009. We believe that the resulting work programs will move the commur ity's vision towards coordinated policy and planning documents that further economic growth in the area. Since ely, I Sean J. cDonald Lead Strategist-Business Initiatives Seattle Public Utilities 700 Fifth Avenue,Suite 4900 PO Box 34018 Seattle,WA 98124-4018 (206)684-7652 sean.mcdona ldA-seattle.go_v http://www.scattle.g.ov/utit v/utit i Seattle Municipal Tower,700 FifthAvenue,Suite 4900,P.O.Box 34018,Seattle,WA 98124-4018 j Tel:(206)684-5851,TTY/I DD:(206)223-7241,Fax:(206)684-4631.InternetAddress:http:/Avww.seatde.gov/util/ An equal employment opportunity,affirmative action employer.Accommodations for people with disabilities provided upon request. NEWS 132 i SOUNOTRMSIT BOARD CHAIR John W.Ladenburp Pierce County Execktive BOARD VICE CHAIRS Conde Marshal B#Ue~Cokrtcilmember Mark Olson September 6,2007 Everen Coundimembe► BOAIID MEMBERS lulleAnderson Mr.Leonard Bauer,AICP I Tacoma Councilnkamber Managing Director—Growth Management Services i Mary-Alyce lurlelph State of Washington Kirkland CowncUmember Department of Community Trade 11;Economic Development\ F.ad Boller 128-10th Ave SW,PO Box 42525 i Lwitak Deputy cottffeul President Olympia,Washington 98504.2525 DON,„Constantine i KM County Cowncilmember RE: 2007-2009 Competitive GMA Planning Grant Application Dave Endow —City of Kent and City of Des Moines Sumner Mayor Doug MacDonald Dear Mr.Bauer, Wasbington State Department of Transportation Secretary I have been invited to participate as a stakeholder in a visioning process for the Midway �cha �Madn Area. The invitation was made by the Cities of Kent and Des Moines in association*rith a Edmonds Corncifinember 2007-2009 Competitive GMA Planning Grant Application being submitted by the CHy of Richard Mclver Kent. I am sending this letter of support through the City of Kent so that it can be included Seattle 0mindimember in their grant application. ' Greg Nickels Seattle Mayor We look forward to participating as a stakeholder and commit to the grant's scheduled Julia Patterson completion date of June 2009. We believe that the resulting work programs will move the Xing cc"Counalnrember community's vision towards coordinated policy and planning documents that further I„ry PMRIps economic growth in the area. Gear King County Council Aaron Reardon Sincerely, S"ohomisb County Executive Ron SIM$ King County Executive Earl Claudia Thomas f Executive Officer Lakewood Mayor Pete von Reichi suer Vice Chair,King County CowncJf I CHIEF E316car B OFFICER Joni lad i I Central Pugh Sound Regional Transit Authority•Union Station 401 S.Jackson St,Seattle,WA 98104.2826•Reception:006)398-5000•FAX:006)398-5499•www.soundtransit.org i I 133 RECEIVED Puget Sound Regional Council SEP 13 2007 CITY OF KENT PLANNING SERYIGEB September 11,2007 Mr. Leonard Bauer,AICP Managing Director—Growth Management Services I State of Washington Department of Community Trade&Economic Development\ 128-10a'Avenue SW PO Box 42525 j Olympia,Washington 98504-2525 Subject: Letter of Support for the 2007-2009 GMA Planning Grant Applic0on—Cities of Kent and Des Moines i i Dear Mr.Bauer, iAs Deputy Director of the Puget Sound Regional Council,I would like to express support for the visioning process for the Midway Area, The Regional Council welcomed the collaboration of two of its members,the cities of Kent and Des Moines,and their efforts to apply for the 2007-2009 GMA Planning Grant Application. I am sending this letter of support through the City of Kent so that it can be included in the grant application material. This effort and its resulting products will aid these communities in their futuie policy and planning work. If you have questions,please contact me at 206.464.7524 orlRocky Piro at 206.464.6360. Sincerely, Mark Gulbranson Deputy Executive Director � i i I i I 134 AdM► j � Washington State Strap amm�m;n &Programming A Department of Transportation Urb401 Second Planning sue,,site goo Douglas B.MacDonald Seattle,WA e8104-2087 Secretary of Transportation 200-464-12601 Fax 206-4841280 rrY: 1.800.833}6388 www.wsdot.wo.gov I I i September 17,2007 Mr.Leonard Bauer,AICP Managing Director—Growth Management Services State of Washington Department of Community Trade&Economic Development\ j 128-10d'Ave SW PO Box 42525 Olympia,Washington 98504-2525 RE: 2007-2009 Competitive GMA Planning Grant Application—City of Kent and City of Des Moines j Dear Mr,Bauer: I have been invited to participate as a stakeholder in a visioning process for the Midway Area. The invitation was made by the Cities of Kent and Des Moines in association with a 2007-2009 Competitive GMA Planning Grant Application being submitted by the City of Kent. I am sending this letter of support through the City of Kent so that it can be included in their grant application We look forward to participating as a stakeholder in this visioning process as both SR 99 and SR 516 serve the Midway area. We believe that the resulting wok programs will move the community's vision towards policy and planning documents that coordinate proposed transportation investments and economic growth in the area. i Sincerely, i Chris R Picard,Manager WSDOT Urban Planning Office CRP:It i i I 135 EXHIBIT B i Midway Planning Project Mission Statement To transform the Midway community into a sustainable urban area which enhances commercial development and optimizes its geographic location,wide range of transportation options, educational institutions, and views. i j Project Goals l. Provide a mix of land uses that increase revenues,job opportunities, and housing choices. 2. Reconcile development standards along the border between the Cities of Kent and Des Moines to be consistent and reflect the vision for the study area. 3. Provide for public participation in the development of land use policies, development regulations, and implementation strategies within the study area. i 4. Provide appropriate land uses and regulations that support Bus Rapid Transit within the Pacific Highway corridor. 5. Identify preferred alignments for light rail and the associated station and stop locations within Kent and Des Moines. 6. Ensure design that provides a safe and inviting pedestrian environn�ent. i I i I j II I i i av a ® ,!%� Medway P�ani,mg a'ea $tudy Area Boundary 137 J77mn000 6 7 r adrdp meel r j� Ar"ea — ,T - — -dr — �Iv II City c;o c I`p I10 if of I I _ •`�J �� �,I 1,1 I ;I I I ea•<wn �I r � 7- --� �'•:f; •(I tl'_hr �_]rr� ff " � - v _ 4 1 v rt y L v � _ n.r ��' ar•ev 7 � �I-, I I, I�" J, r M rnwuowww Fen no 14 I, awK I w.• _� \ :/i _S�' Fuswga.emw 7 ac ment A i REQUEST FOR MAYOR'S SI GNATURE39 KEN T Please Fill in All Applicable Boxes WASHINGTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH HE LAW DEPARTMENT) Originator: G� r� �_( 3sc�1 Phone (Originator): 26,33- Vfb Date Sent: 57/* o� Date Required: �, i P Return Signed Document to:a,,,eq ,5,-yj6s56W CONTRACT TERMINATION DATE: A,"A VENDOR NAME: DATE OF COUNCIL APPROVAL: S- `•/0 Brief Explanation of Document: -7X17E?:P-441�� A646aAcc l KeWT- }ES 14 S. AE44e, Ar4 7;,11F' 0Vv7aA,4-or4,-'- 2�eyWO,-r,+ -G7Eb dA4A.r 4^04c477,onf J EV*,0/T ,6-044SSIOW Sr9r-^e7U7- 14044s � VWDy AeS4 41440 I I L� All Contracts Must Be Routed Through the Law Department i (This Ar be Co pleted By the Law Department) I Received: Approval of Law Dept.: I Law Dept. Comments: i Date Forwarded to Mayor: C Shaded Areas to Be Completed by Administration Staff j rR ce v�:d. v "• 'i �'i, ,� .�1[�� •°I {^r'�t M. S;R y.q '4,. 7 '7 .•� y,;'-•+`'r i..{`': �•x�' '' J •^ �,�i•�-=1r•-1� '+',�j1y�y{=�,Yi '�, i ���, t iV-'lqj��� e•��� f .P= 1� �X 4� n "'A .I• S4 'C y..4 �..y.. � .f•i+• iiiiiilli� `,�. f" 3�� •7.. .'+, ,'ti•i. -v�,n- + �`�° //� i Z,,y,(�T�yi•,', �•3'" �:• ti',"e`t''"� 77.,, "��V*'b'=�§-P� 3 :�.y� �� 1 � ;yt. ! „v7w,� rRr 1.''�. f ' 1 4e, K. . d+ b g i sr: ah �" R�-:'� = i ;'•w !' '!. 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'aK.,�1s.'t ,',". ?,_ r '. rf ?."l'•b t r" c �•r vt- CI?I'rteT1 Iage5870 3/05 ca or pro Molno+ �4 Ili IhNaY PIanning Area 43 KENT Study Area Boundary .fuends"woa 82Y2Mo if 1i}Via» 1 �r City Or f sentl eawntay L. tit l New Alaska Trailer Park 5-w+M.YbsG` ZOO it t .7N1N at � i�� t� a w➢+..., .„x. r4 ' t West Hill Mobile Manor w4*' j d 3 -Amu $MOTS �ugaan.d..cussm Ovac Attachment 8 7_ b _ VU I j 1427 w 9 , V ; �} '111 ! t ���P�i � �' ��e � w _- dt �"� A € 'GF► _ ..+moo _ �,�k A. -. " 777= < f-%Oi Jm Z' • R a tee'..+ - a . . "`- -iM-°'•"". ._- „,., r_ ` 9k f _9 Q€d rt r jl?3'•��•�3, y y ql I 3603600330 � 3603600450 3603600445 3603600440 "`. , �`_' Legend 4ap3 CITY LIMITS MIDWAY STUDY AREA PARCELS � .1541 P a 111i ' Midway Planning Project - Interlocal - PEDC Meeting 8/11/08 Attachment D - Revised Chapter 12.05 MOBILE HOME PARKS 12.05.320 Eviction notices for change of use or closure of a mobile home park. A. Before a mobile home park owner may issue eviction notices pursuant to a closure or change of use under Chapter 59.21 RCW, the mobile home park owner must first submit to the housing and human services office a relocation report and plan that meets the requirements of KCC 12.05.330. If applying for a change of use, the mobile home park owner shall submit the relocation report and plan together with all other necessary applications. Once the manager of housing and human services determines that the relocation report and plan meets the requirements of KCC 12.05.330, the manager of housing and human services shall stamp his or her approval on the relocation report and plan and return a copy of the approved plan to the mobile home park owner. If the manager of housing and human services determines that the relocation report and plan does not meet the requirements of KCC 12.05.330, the manager of housing and human services may require the mobile home park owner to amend or supplement the relocation report and plan as necessary to comply with this chapter before approving it. B. No sooner than upon approval of the relocation report and plan, the owner of the mobile home park may issue the twelve (12) month eviction notice to the mobile home park tenants. The eviction notice shall comply with RCW 59.20.080 and 59.21.030, as amended. No mobile home owner who rents a mobile home lot may be evicted until the twelve (12) month notice period expires, except pursuant to the State Mobile Home Landlord-Tenant Act, Chapter 59.20 RCW. (Ord. No 3614,§2,9-17-02) 12.05.330 Relocation report and plan. A. The relocation report and plan shall describe how the mobile home park owner intends to comply with Chapters 59.20 and 59.21 RCW, relating to mobile home relocation assistance, and with KCC 12.05.320 through 12.05.370. The relocation report and plan must provide that the mobile home park owner will assist each mobile home park tenant household to relocate, in addition to making any state or federal required relocation payments. Such assistance must include providing tenants an inventory of relocation resources, referring tenants to alternative public and private subsidized housing resources, helping tenants obtain and complete the necessary application forms for state-required relocation assistance, and helping tenants to move the mobile homes from the mobile home park. Further, the relocation report and plan shall contain the following information: 1. The name, address, and family composition for each mobile home park tenant household, and the expiration date of the lease for each household; 2. The condition, size, ownership status, HUD and State Department of Labor and Industries certification status, and probable mobility of each mobile home occupying a mobile home lot; 3. Copies of all lease or rental agreement forms the mobile home park owner currently has in place with mobile home park tenants; 4. To the extent mobile home park tenants voluntarily make such information available, a confidential listing of current monthly housing costs, including rent or mortgage payments and utilities, for each mobile home park tenant household; ATTACHMENT E 1 of 3 Chapter 12.05 MOBILE HOME PARKS 5. To the extent mobile home park tenants voluntarily make such information available, a confidential listing of gross annual income for each mobile home park tenant household; 6. An inventory of relocation resources, including available mobile home spaces in King, Snohomish, Kitsap, and Pierce Counties; 7. Actions the mobile home park owner will take to refer mobile home park tenants to alternative public and private subsidized housing resources; 8. Actions the mobile home park owner will take to assist mobile home park tenants to move the mobile homes from the mobile home park; 9. Other actions the owner will take to minimize the hardship mobile home park tenant households suffer as a result of the closure or conversion of the mobile home park; and 10. A statement of the anticipated timing for park closure. B. The manager of housing and human services may require the mobile home park owner to designate a relocation coordinator to administer the provisions of the relocation report and plan and work with the mobile home park tenants, the housing and human services office, and other city and state offices to ensure compliance with the relocation report and plan and with state laws governing mobile home park relocation assistance, eviction notification, and landlord/tenant responsibilities. C. The owner shall make available to any mobile home park tenant residing in the mobile home park copies of the proposed relocation report and plan, with confidential information deleted. Within fourteen (14) days of the manager of housing and human service's approval of the relocation report and plan, a copy of the approved relocation report and plan shall be mailed by the owner to each mobile home park tenant. D. The mobile home park owner shall update with the housing and human services office the information required under this section to include any change of circumstances occurring after submission of the relocation report and plan that affects the relocation report and plan's implementation. (Ord No. 3614, §2,9-17-02) 12.05.340 Certificate of completion of the relocation report and plan. No mobile home park owner may close a mobile home park, or obtain final approval of a comprehensive plan or zoning redesignation until the mobile home park owner obtains a certificate of completion from the housing and human services office. The manager of housing and human services shall issue a certificate of completion only if satisfied that the owner has complied with the provisions of an approved relocation report and plan, the eviction notice requirements of RCW 59.20.080 and 59.21.030, the relocation assistance requirements of RCW 59.21.021, and any additional requirements imposed in connection with required city applications. (Ord No. 3614, §2,9-17-02) 12.05.350 Notice of provisions. It is unlawful for any party to sell, lease, or rent any mobile home or mobile home park rental space without providing a copy of any relocation report and plan to the t prospective purchaser, lessee, or renter, and advising the same, in writing, of the 2 of 3 Chapter 12.05 MOBILE HOME PARKS provisions of KCC 12.05.320 through 12.05.370 and the status of any relocation report and plan. (Ord. No 3614,§2,9-17-02) 12.05.360 Administration. The manager of housing and human services shall administer and enforce KCC 12.05.320 through 12.05.370. Whenever an owner or an owner's agent fails to comply with the provisions of KCC 12.05.320 through 12.05.370, the following may occur: A. The manager of housing and human services may deny, revoke, or condition a certificate of completion, a permit, or another approval; B. Any other appropriate city official may condition any permit or other approval upon the owner's successful completion of remedial actions deemed necessary by the manager of housing and human services to carry out the purposes of KCC 12.05.320 through 12.05.370. (Ord. No 3614,§2,9-17-02) 12.05.370 Appeal. Any appeal from a determination of the manger of housing and human services under KCC 12.05.320(A), 12.05.340, and 12.05.360(A) shall be an open record hearing filed within fourteen (14) days of the determination in accordance with the procedures established for Process I applications under Ch. 12.01 KCC. (Ord. No 3614, §2,9-17-02) 12.05.380 Closure and government sponsorship. A. If an eminent domain action by a federal, state, or local agency causes closure of a mobile home park and the procedures set forth in the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. 4601 et seq., and the regulations of 49 CFR Part 24 or the Relocation Assistance — Real Property Acquisition Policy Act of Chapter 8.26 RCW and the regulations of Chapter 468-100 WAC are followed, the requirements of those acts and regulations will supersede the requirements of KCC 12.05.320 through 12.05.370. B. If a condemnation action of the city causes closure of a mobile home park, the city will be responsible for fulfilling the requirements of the standards contained herein. If the city chooses to follow portions of the state act and regulations and the manager of housing and human services and the director of public works determine that there is a conflict or redundancy between the portions of the state act and regulations being followed by the city, and the standards contained herein, the state act shall take precedence in such areas of conflict or redundancy. If the state act is followed in all respects, such act will supersede the requirements of this section and the standards contained herein. (Ord No. 3614,§2,9-17-02) 3of3 Kent City Council Meeting Date August 19, 2008 Category Consent Calendar - 6I 1. SUBJECT: DEPARTMENT OF JUSTICE WEED & SEED PROGRAM SECOND YEAR GRANT - ACCEPT 2. SUMMARY STATEMENT: Accept grant funds in the amount of $149,555 from FY2008 Weed & Seed Competitive Program funding through the Department of Justice and authorize the mayor to sign all required documents, subject to final terms and conditions acceptable to the City Attorney. The grant will fund the second year of the five-year program. Kent's East Hill area has been designated as a Weed & Seed Community program. The grant program requires comprehensive strategies to address areas of high serious and violent crime, drug abuse, and gang activity. The required match funding will be comprised of cash or in-kind services. The application award notes the required match amount was exceeded. 1 1 3. EXHIBITS: Award notification 4. RECOMMENDED BY: Public Safety Committee 7/12/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ODDepartment of Justice Office of Justice Programs Office of the Assistant Attorney General Washington,D.0 20531 July 15,2008 Chief Steven Strachan City of Kent Police Department 220 4th Avenue South Kent,WA 98032-5895 Dear Chief Strachan: On behalf of Attorney General Michael B. Mukasey,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the CCDO FY 08 Weed and Seed Program Guide and Application Kit: Continuation Sites in the amount of$149,555 for City of Kent Police Department. This award will enable you to support activities within your Weed and Seed designated area. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award,please contact: - Program Questions, Lesley Walker, Program Manager at(202)307-0863;and - Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at (800)458-0786,or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations,and we look forward to working with you. Sincerely, Jeffrey L. Sedgwick Acting Assistant Attorney General Enclosures Department of Justice Office of Justice Programs Office for Civil Rights Washington,D C. 20531 July 15,2008 Chief Steven Strachan City of Kent Police Department 220 4th Avenue South Kent,WA 98032-5895 Dear Chief Strachan: Congratulations on your recent award. In establishing financial assistance programs,Congress linked the receipt of Federal funding to compliance with Federal civil rights laws.The Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus,the Office on Violence Against Women(OVW),and the Office of Community Oriented Policing Services(COPS)comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know,Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color,national origin,religion,sex,or disability in funded programs or activities,not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency(LEP)Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C. §2000d,recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency(LEP).For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general,the regulation,Participation in Justice Department Programs by Religious Organizations;Providing for Equal Treatment of all Justice Department Program Participants,and known as the Equal Treatment Regulation 28 C.F.R.part 38,requires State Administering Agencies to treat these organizations the same as any other applicant or recipient.The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name,or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities,they must be held separately from the Department of Justice funded program,and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion.For more information on the regulation,please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act,as amended;the Victims of Crime Act,as amended;and the Juvenile Justice and Delinquency Prevention Act,as amended,contain prohibitions against discrimination on the basis of religion in employment. These employment provisions have been specifically incorporated into 28 C.F.R. Part 38.l(f)and 38.2(f). Consequently,in many circumstances,it would be impermissible for faith-based organizations seeking or receiving funding authorized by these statutes to have policies or practices that condition hiring and other employment-related decisions on the religion of applicants or employees. Programs subject to these nondiscrimination provisions may be found on OCR's website at http://www.ojp.usdoj.gov/ocr/. Questions about the regulation or the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of employees in the workforce,are subject to the prohibitions against unlawful discrimination.Accordingly,OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition,based on regulatory criteria,OCR selects a number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions,an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,42 U.S.C. §3789d(c),or other Federal grant program requirements,must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (ESOP),28 C.F.R. §42.301-.308,and(2)submitting to OCR Findings of Discrimination(see 28 C.F.R. §§ 42.205(5)or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations,Assurance No. 6 in the Standard Assurances,COPS Assurance No. 8.13,or certain Federal grant program requirements,your organization must comply with the following EEOP reporting requirements: If your organization has received an award for$500,000 or more and has 50 or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP,please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing(202)616-3208. If your organization received an award between$25,000 and$500,000 and has 50 or more employees,your organization still has to prepare an EEOP,but it does not have to submit the ESOP to OCR for review.Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition,your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than$25,000;or if your organization has less than 50 employees, regardless of the amount of the award;or if your organization is a medical institution,educational institution, nonprofit organization or Indian tribe,then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR.The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing,on the ground of race,color,religion,national origin,or sex,your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies,you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws,including the requirements pertaining to developing and submitting an EEOP,reporting Findings of Discrimination,and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of Subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, ' please call OCR at(202)307-0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst Department of Justice Office of Justice Programs Office of the Chief Financial Officer Washington,D.C. 20531 July 15,2008 Chief Steven Strachan City of Kent Police Department 220 4th Avenue South Kent,WA 98032-5895 Reference Grant Number: 2008-WS-QX-0080 Dear Chief Strachan. I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award in the cost categories identified below: Category Budget Personnel $127,000 Fringe Benefits $25,760 Travel $4,045 Equipment $0 Supplies $900 Construction $0 Contractual $46,465 Other $160 Total Direct Cost $204,330 Indirect Cost $0 Total Project Cost $204,330 Federal Funds Approved: $149 555 Non-Federal Share: $54,775 Program Income: $0 Match is required at 25%for this grant program. The applicant exceeded the required match amount by$4,923. The non- federal share that has been incorporated in the approved budget is mandatory and subject to audit. If you have questions regarding this award,please contact: -Program Questions, Lesley Walker,Program Manager at(202)307-0863 -Financial Questions,the Office of Chief Financial Officer,Customer Service Center(CSC) at(800)458-0786,or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations.and we look forward to working with vou. Department of Justice Office of Justice Programs Community Capacity Grant PAGE I OF 3 1 Development Office I.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4 AWARD NUMBER. 2008-WS-QX-0080 City of Kent Police Department 220 4th Avenue South 5 PROJECT PERIOD-FROM 06/01/2008 TO 05/31/2009 Kcnt,WA98032-5895 BUDGET PERIOD-FROM 06/01/2008 TO 05/31/2009 6.AWARD DATE 07/15/2008 7,ACTION IA.GRANTEE IRS/VENDOR NO. 8 SUPPLEMENT NUMBER Initial 916001254 00 - 9 PREVIOUS AWARD AMOUNT $0 3 PROJECT TITLE 10 AMOUNT OF THIS AWARD $ 149,555 Weed and Seed - --- - — - - - -- I I TOTAL AWARD $ 149,555 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13 STATUTORY AUTHORITY FOR GRANT This project is supported under 42 U S C sections 103-105 - - ------ - -- -- -- ---- -- - -- - -- - - --- --- - --- 15 METHOD OF PAYMENT -PAPRS - - -- - --- ---- I AGENCY APPROVAL GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Jeffrey L Sedgwick Steven Strachan Chief of Police Acting Assistant Attorney General 17.SIGNATURE OF APPROVING OFFICIAL 19 SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A DATE AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21. HWSAGT0020 FISCAL FUND BUD DIV. YEAR CODE ACT, OFC, REG, SUB POMS AMOUNT X Q WS 26 00 00 149555 OR FORM 400 0/2(REV 5-87)PREVIOUS EDITIONS ARE OBSOLETE OR FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Community Capacity SHEET PAGE 2 OF 3 "'°^• Development Office Grant PROJECT NUMBER 2008-WS-QX-0080 AWARD DATE 07/15/2008 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs(OJP)Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302),that is approved by the Office for Civil Rights,is a violation of its Certified Assurances and may result in suspension or termination of funding,until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States, Local Governments,and Non-Profit Organizations,as further described in the current edition of the OJP Financial Guide,Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without the express prior written approval of OJP. 5. While specific program strategies may vary from site to site,the planning,development and execution for the following elements shall be common to all Weed and Seed sites. These common elements are: (1)to organize and regularly convene a Weed and Seed steering committee;(2)to maintain focus on the four components in the target neighborhood;(3)to screen applicants working with children while selecting and mobilizing resources to address neighborhood problems; and(4)to regularly revisit goals,objectives,and the implementation strategies and schedules Failure to substantially comply with these elements is cause to discontinue grant funding. 6. The grantee agrees to require that organizations which receive grant funds certify,as part of the contract,that they have appropriate hiring policies and screening procedures for employees who will be working with youth and other residents as part of the Weed and Seed strategy. 7. Grantee agrees to submit a copy of any revisions to the previously submitted and approved Weed and Seed Steering Committee Policies and Procedures. These revisions should be submitted to CCDO within 90 days of the adoption of the revision. 8. Grantee agrees that if it chooses to award mini grants(sub-grants),those mini grant awards will be made for criminal justice purposes. Grantee also agrees to ensure that these procedures comply with the OJP Financial Guide. For purposes of this condition, "criminal justice purposes"shall mean those activities contemplated in the definition of "criminal justice"found in the Omnibus Crime Control and Safe Streets Act,42 U.S.0 : 3791 (a)(1). "Criminal Justice" is defined as"activities pertaining to crime prevention,control,or reduction,or the enforcement of the criminal law, including,but not limited to,police efforts to prevent,control,or reduce crime or to apprehend criminals,including juveniles,activities of courts having criminal jurisdiction,and related agencies(including but not limited to prosecutorial and defender services,Juvenile delinquency agencies and pretrial service or release agencies),activities of corrections,probation,or parole authorities and related agencies assisting in the rehabilitation,supervision,and care of criminal offenders,and programs relating to the prevention,control,or reduction of narcotic addiction and juvenile delinquency." 9. The grantee agrees to submit a Government Performance Results Act(GPRA)Report for each calendar year in which the grant remains open.These GPRA reports are due in CCDO by May 31st of each year,reporting the results from the preceding calendar year. 10. Grantee acknowledges that this award has a limited obligation and payment period and is not eligible to be supplemented with funds from other fiscal years. Therefore,timely implementation of this project is required. I Department of Justice j Office of Justice Programs AWARD CONTINUATION Z i Community Capacity SHEET PAGE 3 OF 3 Development Office Grant PROJECT NUMBER 2008-WS-QX-0080 AWARD DATE 07/15/2008 SPECIAL CONDITIONS 11. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38,the Department of Justice regulation governing"Equal Treatment for Faith Based Organizations" (the"Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities,such as worship,religious instruction,or proselytization. Recipients of direct grants may still engage in inherently religious activities,but such activities must be separate in time or place from the Department of Justice funded program,and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. 12. The grantee/fiscal agent and Steering Committee recognizes that it must come into compliance with all new statutory requirements for Weed and Seed programs. See 42 U.S.C. Section 104. This includes,but is not limited to,amending its existing Operating Policies and Procedures,consistent with guidance that will be provided by CCDO,to include the U.S.Attorney(for the District encompassing the community)and the Drug Enforcement Administration's special agent in charge(for the jurisdiction encompassing the community)as voting members of the Steering Committee. Department of Justice 1 y= Office of Justice Programs Community Capacity Development Office Washington,D C 20531 Memorandum To.• Official Grant File From: Dennis E. Greenhouse Director CCDO Subject: Categorical Exclusion for City of Kent Police Department J g ty p The subject project involves the following: During this project period, law enforcement efforts will focus on decreasing crime in the community. r Community policing goals include increasing perception of safety among community residents and businesses. Prevention, intervention, and treatment goals include reducing risk factors for youth. Neighborhood restoration goals include improving quality of life in the East Hill Corridor. None of the following activities will be conducted either under the OJP federal action or a related third party action: 1. New construction. 2. Any renovation or remodeling of a property either(a) listed on or eligible for listing on the National Register of Historic Places or(b) location within a 100 year floodplain. 3. A renovation which will change the basic use of a facility or significantly change its size. 4. Research and technology whose anticipated and future application could be expected to have an effect on the environment. 5. Implementation of a program involving the use of chemicals. j Consequently, the subject federal action meets OJP's criteria for a categorical exclusion as contained in paragraph 4.(b) of Appendix D to Part 61 of the Code of Federal Regulations. Additionally, the proposed action is neither a phase nor a segment of a project which when viewed in its entirety would not meet the criteria for a categorical exclusion. Department of Justice GRANT MANAGER'S MEMORANDUM, PT. I: Office of Justice Programs r PROJECT SUMMARY r Community Capacity Development Office Grant PROJECT NUMBER PAGE I OF I 2008-WS-QX-0080 This project is supported under 42 U S.0 sections 103-105 I.STAFF CONTACT(Name&telephone number) 2 PROJECT DIRECTOR(Name,address&telephone number) Lesley Walker Debra LeRoy (202)307-0863 Research and Development 220 4th Avenue S n/a Kent,WA 98032-5895 (253)856-5856 3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS ON REVERSE) FY 08 Weed and Seed Program Guide and Application Kit.Continuation Sites 4.TITLE OF PROJECT Weed and Seed 5.NAME&ADDRESS OF GRANTEE 6 NAME&ADRESS OF SUBGRANTEE City of Kent Police Department 220 4th Avenue South Kent,WA 98032-5895 7.PROGRAM PERIOD 8.BUDGET PERIOD FROM- 06/01/2008 TO 05/31/2009 FROM: 06/01/2008 TO: 05/31/2009 9.AMOUNT OF AWARD 10 DATE OF AWARD $ 149,555 07/15/2008 11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT 13 THIRD YEAR'S BUDGET PERIOD 14 THIRD YEAR'S BUDGET AMOUNT 15 SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) The Community Capacity Development Office(CCDO)approved East Hill Corridor as a Weed and Seed Community(WSC)effective October I,2007 This is the site's second award to implement their strategy.The boundaries of the designated area begin at 94 Avenue South on the West, 116 Avenue Southeast on the East, Southeast 274 Way on the South,and 240 Street on the North. i 1 During this project period,law enforcement efforts will focus on decreasing crime in the community Community policing goals include increasing perception of safety among community residents and businesses Prevention,intervention,and treatment goals include reducing risk factors for youth.Neighborhood restoration goals include improving quality of life in the East Hill Corridor. The site has allocated$74,830 of the total$149,555 award to support weeding activities,including community policing Each Weed and Seed Community is required to demonstrate its local coordination efforts and include a firm commitment of either time or resources to the project in a specific Memorandum of Understanding ca/ncf r r rKent City Council Meeting Date August 19, 2008 Category Consent Calendar - 61 1. SUBJECT: KEEP AMERICA BEAUTIFUL GRAFFITI HURTS GRANT - ACCEPT 2. SUMMARY STATEMENT: Accept grant funds in the amount of $2,000 which will be used to follow a "best practice" for graffiti removal and start a program called "Adopt-A-Spot", engaging the community to take ownership over certain areas of the City blighted with graffiti. Funds will be used for supplies and signs indicating which neighborhood/group/ organization "owns" the spot. This grant will provide funding to adopt ten areas across the City. Areas will be adopted based on crime statistics, need, and areas that neighborhoods and community groups are willing to support and take ownership over. r r 3. EXHIBITS: Memorandum 4. RECOMMENDED BY: Public Safety Committee 7/12/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: iCouncilmember moves, Councilmember seconds r DISCUSSION: ACTION: 1 POLICE DEPARTMENT Steve Strachan, Chief of Police KENT Phone: 253-856-5888 Was,,, T.. Fax: 253-856-6802 1 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: August 12, 2008 TO: Public Safety Committee SUBJECT: Keep America Beautiful - "Graffiti Hurts" grant award MOTION: I move to authorize the Kent Police Department to accept the Keep America Beautiful - "Graffiti Hurts" grant in the amount of $2,000. SUMMARY: Graffiti Hurts is a part of the national organization, Keep America Beautiful. The Graffiti Hurts program aims to help communities kick-start or add to local graffiti prevention programs. Kent Police Department has been awarded $2,000 and will follow a "best practice" for graffiti removal and start a program called "Adopt-A-Spot", engaging the community to take ownership over certain areas of the City blighted with graffiti. Funding would be used for supplies and signs to post which neighborhood/group/organization "owns" the spot. This grant will provide funding to adopt ten (10) areas across the City. Areas will be adopted based on crime stat, need, and areas that neighborhoods and community groups are willing to support and take ownership over. r i 1 f Public Safety Committee Graffiti Hurts grant August 12, 2008 Kent City Council Meeting Date August 19, 2008 Category Consent Calendar - 6K 1. SUBJECT: WASHINGTON AUTO THEFT PREVENTION AUTHORITY GRANT - ACCEPT AND ESTABLISH BUDGET 2. SUMMARY STATEMENT: Accept grant funds in the amount of $1,030,000, serve as the fiscal agent for the Washington Auto Theft Prevention Authority (WATPA) grant, and authorize the Mayor to sign all necessary grant documents, subject to final terms and conditions acceptable to the City Attorney. The grant was awarded to the Preventing Auto Theft through Regional Operational Links (PATROL) Task Force. The grant was submitted by the Auburn Police Department on behalf of the PATROL Task Force which is comprised of many South King County law enforcement agencies, the King County Prosecutor's Office, and two North Pierce County police agencies. The grant will fund personnel and equipment for the PATROL Task Force. rThe award is for a one-year period and is funded by $10 of every traffic citation from across the sate, which has been directed to WATPA. 3. EXHIBITS: Award notification from WATPA dated 7/15/08 4. RECOMMENDED BY: Public Safety Committee 7/12/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: jCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: WASHINGTON AUTO THEIT PREVENTION AUTHORITY WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS 3060 Willamette Drive NE,Suite 101—Lacey,WA 98516—Phone:(360)292-7900—Fax:(360)292-7269—Website:http://watpa.waspe.org "preventing and reducing auto theft in the State of W shington" July 15, 2008 Pit E C E I 1V E D Chief James Kelly JUL 18 2008 -� Auburn Police Department 340 E Main St., Ste 201 OFFICE OF THE CHIEF OF POLICC i Auburn, WA 98063 AUBURN POLICE QEPAH Dear Chief Kelly: I am pleased to inform you that the Washington Auto Theft Prevention Authority has approved an award of$1,000,000 for the PATROL Taskforce. An additional $30,000 is also approved to purchase one auto license plate reader(ALPR). The grant award is effective July 15, 2008 and expires on June 30, 2009. Funding for license plate recognition technology will not be released until the Washington Association of Sheriffs and Police Chiefs has completed an ALPR use model policy(November 2008). As an ALPR award recipient you will be invited to participate in the drafting of a model policy. The WATPA is requiring that all award recipients for ALPR technology adopt the model policy prior to receipt of funding. Enclosed is an award agreement. This agreement is to be signed and returned to the WATPA. No funds will be reimbursed until the signed agreement is received. Expenditures prior to the award effective date or after the grant expiration date are not authorized and will not be reimbursed. In addition, the grant award is subject to all Grant Policies and Procedures of the Washington Auto Theft Prevention Authority. Costs will be aid on a reimbursement basis. Appropriate invoices and receipts are to be Pp submitted no more than once each month. You will be reimbursed for actual expenses only up to the limit of the award. 1 Congratulations on your grant award approval. While this award is less than what you requested we are encouraged by your willingness to work within the funding limits set during this process. We look forward to seeing positive outcomes from your efforts toward improving the motor vehicle theft problem in Washington State. If you choose to not accept this award,please notify us immediately. Washington Auto Theft Prevention Authority JOHN BATISTE EMIL DAMMEL HARVEY GJESDAL KEN HOHENBERG JOHN LOVICK Chief—WA State Panel Insurance industry SheniJ�Douglus County Chlef—Kenneeic& Shertf—Snohomish County MERLE PFIEFER DON PIERCE DAN SATTERBERG STEVE STRACHAN MICHAEL WEST General Public EaeculAwDirector-WASPC Prosecuting Attorney—King County Chief—Kant Automobile Industry JIM LAMUNYON Executive Director-WATPA If you have any questions,please contact me at 360-292-7900 or via e-mail at j lamunyon(iDwaspc.orb. Sincerely, 1 Jim La unyon, Executive Director Washington Auto Theft Prevention Authority i 1 1 1 1 1 1 1 1 AGREEMENT NO. 08-WATPA-001 WASHINGTON AUTO THEFT PREVENTION AUTHORITY INTERAGENCY AGREEMENT SPECIFIC TERMS AND CONDITIONS Auto Theft Prevention Grant Program This AGREEMENT is entered into by and between the WASHINGTON AUTO THEFT PREVENTION AUTHORITY (hereinafter referred to as the WATPA), and the Auburn Police Department(hereinafter referred to as the RECIPIENT). NOW, THEREFORE, in consideration of the covenants,performances, and promises icontained herein, the parties hereto agree as follows: FUNDING SOURCE Funding for this AGREEMENT is provided to the WATPA from the State of Washington Treasury, Washington Auto Theft Prevention Authority Account. Funding awarded to the RECIPIENT shall not exceed the state funds reflected on Line 9 of the AGREEMENT Face Sheet. SCOPE OF SERVICES The RECIPIENT shall use the state funds awarded hereunder solely for salary and benefits, goods and services, and travel and other essential costs to support the purposes further defined in the final and approved Activities Narrative, Performance Measurement, and Budget documents of its grant application. SCOPE OF WORK IThe RECIPIENT shall seek to implement the activities and to achieve the goals and objectives specified in its final approved activities,performance measurement, and budget proposals as well as the program SPECIAL CONDITIONS, Attachment A, which by reference are incorporated into this agreement. SCOPE OF WORK REVISIONS The RECIPIENT shall submit to the WATPA a written request to effect any significant change its proposed activities or budget. Such requests shall be accompanied by a revised activities narrative, budget or other supporting documents, and shall be approved by the WATPA before the activities supporting the revisions qualify as part of the SCOPE OF SERVICES. r WASHINGTON AUTO THEFT PREVENTION AUTHORITY INTERAGENCY AGREEMENT AUTO THEFT PREVENTION GRANT AWARDS GENERAL TERMS AND CONDITIONS DEFINITIONS As used throughout this AGREEMENT, the following terms shall have the meanings set forth below: 1. "WATPA" shall mean the Washington Auto Theft Prevention Authority, any division, section, office, unit or other entity of the WATPA, or any of the officers or other officials lawfully representing the WATPA. 2. "RECIPIENT" shall mean the agency, firm,provider, organization, individual, or other entity receiving financial assistance under this AGREEMENT. It shall include any SUBRECIPIENT as designated by the RECIPIENT and permitted under the terms of this AGREEMENT. 3. A "SUBRECIPIENT"shall mean a person or entity who is not an employee of the RECIPIENT, who is an individual or other entity performing all or part of the services under this AGREEMENT, under a separate written AGREEMENT with the RECIPIENT. It shall include any SUBRECIPIENT retained by the prime RECIPIENT as permitted under the terms of this AGREEMENT. The terms "SUBRECIPIENT"and"SUBRECIPIENTS"mean SUBRECIPIENT(S) in any tier. GOVERNING LAW AND VENUE This AGREEMENT shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this AGREEMENT shall be the Superior Court of Thurston County, Washington. RECIPIENT NOT EMPLOYEE, OFFICER, OR AGENT OF AGENCY The RECIPIENT and his/her employees or agents performing under this AGREEMENT are not deemed to be employees, officers, or agents of the WATPA in any manner whatsoever. The RECIPIENT will not hold himself/herself out as, nor claim to be an officer, employee, or agent of the WATPA by any reason hereof and will not make any such applicable claim, demand, or application to or for any right or privilege. AGREEMENT MODIFICATIONS The WATPA and the RECIPIENT may request changes in services to be performed with the funds, or in the amount of funds to be reimbursed to the RECIPIENT. Any such changes that are mutually agreed upon by the WATPA and the RECIPIENT shall be incorporated herein by 1 of 7 COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990 The RECIPIENT shall comply with the Americans with Disabilities Act of 1990 (ADA), 42 , U.S.C. Section 12101 et seq. and its implementing regulations. This act provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. USE OF MINORITY AND WOMEN BUSINESS ENTERPRISES ' The RECIPIENT shall provide the maximum opportunity to Minority and Women Owned Business Enterprises to participate in the performance of this AGREEMENT. This condition , shall be included in all SUBAGREEMENTS under this AGREEMENT. INDEMNIFICATION The RECIPIENT agrees that he or she is financially responsible (liable) for any audit exception or other financial loss to the WATPA which occurs due to the negligence, intentional acts, or failure for any reason, to comply with the terms of this AGREEMENT by the RECIPIENT and/or its agents, employees, SUBRECIPIENTS or representatives. The RECIPIENT further agrees to protect, defend, and save the WATPA, its appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of , defense thereof, arising in favor of the RECIPIENT'S employees or third parties on account of bodily or personal injuries, death, or damage to property or any other liability arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the RECIPIENT and/or its agents, employees, SUBRECIPIENTS, or representatives under this AGREEMENT. The RECIPIENT is responsible for ensuring that any SUBRECIPIENT(S) include a comprehensive indemnification clause holding harmless the RECIPIENT, and the WATPA. The RECIPIENT waives his or her immunity under Title 51 RCW to the extent required by this ' clause. PROGRAM INCOME Program income generated by interest-bearing accounts or otherwise under this AGREEMENT ' shall be used for operational expenses directly related to motor vehicle theft activities not included in the total budget. TREATMENT OF ASSETS The RECIPIENT shall take the following actions to secure the financial interest of the WATPA ' in items purchased under this AGREEMENT: 3 of 7 materials, in whole or in part, with funds received under this AGREEMENT. The WATPA reserves the right to determine whether protection of inventions or discoveries shall be disposed of and administered in order to protect the public interest. Before the RECIPIENT copyrights any materials produced with funds under this AGREEMENT, the WATPA reserves the right to negotiate a reasonable royalty fee and agreement. RECAPTURE PROVISION In the event the RECIPIENT fails to expend funds in accordance with state law or the provisions of this AGREEMENT, the WATPA reserves the right to recapture funds in an amount equivalent ' to the extent of the noncompliance. Such right of recapture shall exist for a period not to exceed six (6) years following termination of this AGREEMENT. Repayment by the RECIPIENT of funds under this recapture shall occur within thirty(30) days of demand. WRITTEN POLICIES AND PROCEDURES Written policies and procedures consistent with federal and state regulations, as applicable, shall be kept on file in the office of the RECIPIENT or its local programs and available for review. Such policies and procedures shall include,but not be limited to: personnel regulations;job ' descriptions; organizational charts; travel regulations; fiscal management regulations; and affirmative action policies and plans. RECORDS AND DOCUMENTS The RECIPIENT shall maintain books,records,documents, and other evidence that properly reflect financial procedures and practices,participant records, statistical records,property and materials records and supporting documentation. These records shall be subject at all reasonable hours to review and audit by the WATPA, the Office of the State Auditor, and state and federal officials so authorized by law. The RECIPIENT shall retain all such records for a period of six (6) years from termination of the AGREEMENT. rIf any litigation or audit is begun in the period during which records must be retained, or if a claim is initiated involving the AGREEMENT or any related agreement, the RECIPIENT must retain the related records until the litigation, audit, or claim has been finally resolved. DOCUMENTS ON FILE ' Documents consistent with federal and state regulations, as applicable,shall be kept on file and available for review in the office of the RECIPIENT or its local programs. Such documents shall include,but not be limited to; Articles of Incorporation/Tribal Charter; by-laws; IRS Nonprofit Status Certification; and latest agency audit. ' APPLICABLE LAWS AND REGULATIONS The RECIPIENT shall comply with all applicable laws, ordinances, codes, regulations, and policies of state and federal governments, as now or hereafter amended. 5 of 7 SEVERABILITY 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 that can be given effect without the invalid term, condition, or application. To the end the terms and conditions of this AGREEMENT are declared severable. AUDIT REQUIREMENTS 1. State Funds Audit Requirements This AGREEMENT includes state funds. RECIPIENTS expending$75,000 or more in total state funds in a fiscal year must have a financial audit as defined by Government Auditing Standards (The Revised Yellow Book) and according to Generally Accepted Accounting Standards (GARS). If RECIPIENT has an OMB Circular A-133 audit, it meets these requirements. The RECIPIENT shall include the above audit requirements in any SUBAGREEMENTS granting state funds to sub recipients. ' 2. The RECIPIENT must send a copy of the audit report no later than nine months after the end of the RECIPIENT'S fiscal year(s) to: , Washington Auto Theft Prevention Authority 3060 Willamette Drive NE ' Lacey WA 98516 ATTN: Grant Services Coordinator 3. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The RECIPIENT must respond to WATPA requests for information or corrective action concerning audit issues within 30 days of the date of request. SPECIAL PROVISION The WATPA'S failure to insist upon strict performance of any provision of this AGREEMENT or to exercise any right based upon breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any rights under this AGREEMENT. 7 of 7 r Special Conditions 1 Washington Auto Theft Prevention Authority Grant Award 1. The funding under this project is for the payment of salaries, overtime, and approved benefits for sworn law enforcement officers and support personnel; equipment and technology, and training and/or travel as approved in advance by the WATPA. The particular areas for which your grant has been approved are listed in the budget section of 1 the grant face sheet which is included in your award packet. 2. Funding for Auto License Plate Reader(ALPR) technology is being held until the 1 Washington Association of Sheriffs and Police Chiefs drafts and approves an ALPR model policy. Recipients of WATPA approval for ALPR funding are required to adopt the model policy prior to release of the funds. 1 3. Travel costs for transportation, lodging and subsistence, and related items are allowable as specified in your approved budget. Costs are to be governed by your jurisdiction's travel policies or by those of the State of Washington. Invoices for travel expenses shall 1 indicate which travel policies are used as a method of reimbursement. 4. In order to assist the WATPA in the monitoring of the award, your agency will be ' responsible for submitting quarterly Program Progress Reports and quarterly Financial Status Reports. 5. The WATPA may conduct periodic reviews or audits (program and financial) of the Auto 1 Theft Grant Program. The recipient agrees to cooperate with the auditors. 6. The recipient agrees to abide by the terms, conditions and regulations as found in the 1 Washington Auto Theft Prevention Authority Grant Policies and Procedures. 7. The recipient agrees that no WATPA funding for grant activities will be used to supplant funding from other sources. 1 1 1 1 1 1 r r Washington Auto Theft Prevention Authority 1 � Y Reimbursement Form Instructions Award recipients are to use the attached A-19 voucher and Reimbursement Request p q forms when submitting expense reimbursement requests to the Washington Auto Theft 1 Prevention Authority. The reimbursement request form is primarily a budget status summary and lists the approved award amount, total billings, current billings, past billings and current budget balance. It is to be completed each time an agency requests payment. The A-19 is used to detail expenses. Provide sufficient information to fully explain the 1 expenses incurred. Attach support documents to the A-19 (receipts, invoices, etc.) when completed and submit to WATPA with the Reimbursement Request Form. 1 Requests for payment are to be submitted no more than once each month. These forms are available to download at http://WATPA.WASPC.or , under"Grants'. , If there are any questions regarding the reimbursement process please call or contact: ' Ms. Nancy Morris, nmorris(d�wasUc.org, 360-486-2380 Ms. Cynthia Jordan, cjordan(cr�,waspc.org, 360-292-7900 1 1 1 1 i 1 i 1 1 Washington Auto Theft Prevention Authority 1 Grant Award Expenditure Reimbursement Request Agency seeking reimbursement: ' Award number: Billing for the Month/Year of: Total TotalPrior Currents : ,.Total Award Descriptionill#ng Budget 'Billings -Billing _ = °, Balance --- - A. Personnel B. Employee Benefits C. Consultants/ Contracts D. Travel/ Training E. Other Expenses F. Equipment G. Prosecution H. Confinement Totals I hereby certify that the items and totals listed herein are proper charges for materials, merchandise or services furnished under the contract with the Washington Auto Theft Prevention Authority. Signature Date Printed Name Title FORM STATE OF WASHINGTON AGENCY USE ONLY A19-I A AGENCY NO. WATPA AGREEMENT NUMBER Revs/2oo7 INVOICE VOUCHER AGENCY NAME- INSTRUCTIONS TO EMPLOYEE:Submit this form to claim payment for materials, merchandise,or services. Show complete detail for each item. Washington Auto Theft Prevention Authority 3060 Willamette Dr NE, 101 VENDORS CERTIFICATE:I hereby certify under penalty of perjury that the items and Lacey,WA 98516 totals listed herein are proper charges for materials,merchandise,or services fumished to the State of Washington,and that all goods furnished and/or services rendered have been ATTN• Cynthia Jordan provided without discrimination because of age,sex,marital status,race,creed,color, national origin,handicap,religion,or Vietnam era or disabled veterans status. VENDOR OR CLAIMANT(warrant is to be payable to) By (SIGN IN INK) PAXMENT TYPE (TITLE) (DATE) FEDERAL ID NO,OR SOCIAL SECURITY NUMBER REgi N BY. DATE RECEIVED �b&E DESCRIPTION - QUANTITY U1WIT � UNIT AMOUNT � FOR WATPA USE_- PRICE TOTAL Prepared by: Phone Number Agency Approval-Print Name Signature Date Current Document No Reference Document No Account Number Vendor Message Master Index Sub Allocation Trans Code Program Index Fund Sub Obj Sub Object Org Index GL MG MS Budget Unit Code Amount Invoice Date Invoice Number Accounting approval for payment Date Warrant Total Warrant Number i Kent City Council Meeting Date August 19, 2008 Category Consent Calendar - 6L 1. SUBJECT: JARED GRANT SHORT PLAT BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Jared Grant Short Plat for 105 linear feet of streets, 1 sanitary sewer manhole, and 1 storm sewer catch basin. The project is located at 27817-144th Avenue S.E. 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 secorn DISCUSSION: ACTION: KEN T WASH I N G T O N MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4Tf AVENUE SOUTH ]KENT,WASHINGTON 98032 PROJECT: Jared Grant Short Plat LOCATION: 27817 144`h Ave.S.E. TAX ACCT NO: 342205-9039 BILL OF SALE CITY OF KENT KING COUNTY,WASMGTON THIS INSTRUMENT made this 07 day of May 20 08 ,by and between Norris Homes,Inc. 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. WAT . MAINS: 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 1 manholes at $ 2,500.00 each and/or any other appurtenances thereto. 1 of 4 Bill of Sale ON FROM TO S.E.278th Street 150 feet west of 144th Ave.S.E. N/A Including linear feet at$ per LF of (size&type) sewer line. C. . TRF, T : Together with curbs,gutters,sidewalks, and/or any other appurtenances thereto. ON FROM TO 1441h Ave.S.E. S.E.278th Street 154 feet south Including 105 centerline LF at$ 30.00 per LF of curb,gutter& sidewalk (type) streets, Feet asphalt roadway. D. STORM SEWERS: Together with a total of manholes at$ each or a total of 1 catch basins at$ 850.00 each, LF of biofiltration swale or drainage ditch with a total cost of$ CF of detention pond storage with a total cost of$ ,and/or any other appurtenances thereto. ON FROM TO S.E.278th Street 195 feet west of 144th Ave.S.E. N/A Including linear feet at$ per LF of (size&type) sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property, and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid;that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this a7C day of May ,20 08 r� ��-- f d 2 of 4 Bill of Sale STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of May—,20 08 ,before me,the undersigned A Notary Public in a='-q the St a of Washington,duly commissioned and sworn,Personally appearedto me known to be the individual described in and who ecuted 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 May 20 08 ANot �PtblHicinandforge_ State of Washington,residing at R g, to My Commission Expires: Ln',,61 i d9 ��fE9 �C i / g//0 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 May ,20 08 3 of 4 Bill of Sale ADDENDUM TO BILL OF SALE CITY OF KENT The figures used on the Bill of Sale for The Jared Grant Short Plat project dated April 10,2007 ,were based on the"As-Built"Engineering Plans dated May 7,2008 , for the same said Jared Grant Short Plat project. Daniel K. Balmelli the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Daniel K.BaLnelli , the firm responsible for the preparation of the"As-Built"Engineering Drawings. Signature W ASI ll 25672 AL EXPIRES: 9-23-09 4 of 4 Bill of Sale Kent City Council Meeting Date August 19, 2008 Category Consent Calendar - 6M 1. SUBJECT: SCALZO BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Scalzo for 2618 linear feet of sanitary sewer and 25 manholes. The project is located at 21215-42nd Avenue South. i I 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 second DISCUSSION: ACTION: KENT W A S H I N G T O N MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4�AVENUE SOUTH ]CENT,WASHINGTON 98032 PROJECT:ST Multi 1.LLC(Scalzo) LOCATION: 21215 42nd Ave.S. TAX ACCT NO: �.02204A025 BILL OF SALE CITY OF WENT KING COUNTY,WASEONGTON THIS INSTRUMENT made this 19th day of January 20 06 .by and between ST Multi 1.LLC hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington,herinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. &A3Mhj6RM together with a total of gate valves at$ each, hydrants at$ each and/or any other appurtenances thereto. ON FROM (street,esmt,etc) Including linear feat at$ per LF of (size&type) waterline. B. SANITARY SEWERS: Together with a total of 1 manholes at S 2,200.00 each and/or any other appurtenances thereto. QK FROM Sewer Line'A' Road%'Station 22+31.41 End of Use(NW of Building 37) Including 107 linear feet at S 30.00 per LF of 8"PVC (size&type) 8"PVC sewer line. Together with a total of 2 manholes at S 2,200.00 each and/or any other appurtenances thereto. QN FROM TO Road'A' Orillia Road S. End of Road Including 102 linear feet at$30.00 per LF of 8"PVC (size&type) 8"PVC sewer line. Together with a total of 7 manholes at S 2,200.00 each and/or any other appurtenances thereto. Page 1 of 4 Bill of Sale ON FROM Road'B' Road'A' End of Road near property line Including 776 linear feet at S 30.00 per LF of 8"PVC (size&typo) 8"PVC sewer line. Together with a total of 5 manholes at $2,200.00 each and/or any other appurtenances thereto. ON FROM TO Road'C' Road'B'Station 22+61.12 Road'B'Station 18+48.09 Including 559 linear feet at S 30.00 per LF of 8"PVC (size&type) 8"PVC sewer line. Together with a total of 4 manholes at S 2,200.00 each and/or any other appurtenances thereto. ON FROM TO Road'DI Road'B'Station 23+93.49 Road'E'Station 11+54.38 Including 550 linear feet at$30.00 per LF of 8"PVC (size&type) 8"PVC sewer line. Together with a total of 3 manholes at S 2,200.00 each and/or any other appurtenances thereto. ON FROM TO Road IV Existing manhole at NW corner Road IF'Station 40+00.00 of Greif Property Including 333 linear feet at S 30.00 per LF of 8"PVC (size&type) 8"PVC sewer line. Together with a total of 3 manholes at S 2,200.00 each and/or any other appurtenances thereto. ON FROM TO Road'F' Building 2 Building 14 Including 191 linear feet at$30.00 per LF of 8"PVC (size&type) 8"PVC sewer line. C. cTR>,�>+TS; Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including centerline LF at$ per LF of (type)streets. Feet asphalt roadway. D. STORM SEWERS: Together with a total of manholes at$ each or a total of catch basins at$ each, LF of biofiltration Swale or drainage ditch with a total cost of$ C'F of detention pond storage with a total cost of$ .and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including linear feet at$ per LF of (size&type) sewer line. Page 2 of 4 Bill of Sale 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 l9th day of January ,20 06 ST Multi 1,LLC,a WA limited liability company By: PNW Multi North,LLC,a WA limited liability company Its: Manager By: PNW Multi,LLC,a WA limited Lability company Its: Manager By: PNW Multi Group,Inc.,a WA corporation Its: Manager By. 6&-- -00- f 1 e: HOLLY D.SMITH Title: Its: Authorized Agent STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this lQ"` day of�20Cr, ,before me,the undersigned A Notary Public in and for the State ashington,duly commissioned and sworn,Personally appeared VOU!1 T)• S M i iAl-, to me known to be the individual described in and who ez&Wed the foregoing instrument,and acknowledged to me that helshe 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 OG `��•��� �t,tttll�rr Notary Public in and for the rj�It State of Washington,residing at off+ pttiGF�RI��111 _ . # My Commission Expires: ap f OF Page 3 of 4 Bill of Sale STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of 020 .before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared and to me known to be the and respectively of I the that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned,and on oath stated that they are authorized to execute the said Instrument. Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington,residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of ,20 Page 4 of 4 Bill of Sale • KENT W A S M I N O T O N ADDENDUM TO BILL OF SALE C1Ty OF KENT KING COUNTY,W ASHINGTON The figares ased on the Bill of Sale for (jcalzo) 5 r tip(V project dated January A 2006 .were based on the"As-Built"Engineering Plans dated January M 2006 .for the same said_ Scalzo project Hal P.Grubb the undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill of Sale and 1s an employee of Barghausen Consulting Engineers.Inc. ,the firm responsible for the preparation of the"As-BuIIt"Engineering Drawings. Signature 10484.02ZAaa Kent City Council Meeting Date August 19, 2008 Category Consent Calendar - 6N 1. SUBJECT: KENTVIEW BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Kentview Roundabout for 1674 linear feet of streets, 5 linear feet of storm sewer line and 1 catch basin. The project is located at S. 2161h Street/42"d Avenue South. 1 1 3. EXHIBITS: Bill of Sale r4. 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 i DISCUSSION: ACTION: Bill of Sale Page 2 of 4 KENT W A S H I N O T O N MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4 AVENUE SOUTH KENT,WASE INGTON 99032 PROJECT: KentvieW LOCATION:S.216'?St/42id Ave.S. TAX ACCT NO: BILL.OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this 18th day of April 2003 .by and between Kentview,LLC ,hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington,berinat'ter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WAIF: together with a total of 0 gate valves at S each, 0 hydrants at$ each and/or any other appurtenances thereto. ON FROM TO Including 0 linear feet at S per LF of waterline. B. SAMARX SEAMS: Together with a total of 0 manholes at S each and/or any other appurtenances thereto. ON FROM T� Including 0 linear feet at$ per LF of sewer line. C. Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. FROM To- 42°d Ave.S. STA.5+55 STA.14+34 Including centerline LF at S _per LF of 24 Feet wide asphalt roadway (with 10'wide sidewalk on one side). ON FROM lo— g 216"St.(North of Round-a-bout) STA.0+00 STA.1+35 S.216"St.(South of Round-a-bout) STA.5+03 STA.10+30 42ad Ave.S. STA.14+34 STA.15+92 Including 820 centerline LF at S—44 per LF of varving width f;,4'+)asphalt roadway. D. SJORM ff,WERS: Together with a total of 0 manholes at$ each or a total of 1 concrete inlet at S�each, Page 2 of 4 Bill of Sale Bill of Sale Page 3 of 4 1-Type I catch basins at$_each, 0 LF of biofiltration swale or drainage ditch with a total cost of$ 0 CF of detention pond storage with a total cost of$ and/or any other appurtenances thereto. ON FROM TO S.216*St.(North of Round-a-bout) STA.0+00 STA.1+35 Including 5 linear feet at$ _per LF of 12-inch PVC sewer line. I To have and to hold the same to the said Grantee,Its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property;and that the same is free from all encumbrances;that all bills for labor and material have been paid;that it has the right to sell the same aforesaid;that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this day of 20 Kentview,L.L.0,a Washington limited liability company By Polygon Northwest Company,a Washington general partnership Its, Manager By Brentvtew,Inc.,a Washington corporation its:Managing Partner STATE OF WASHINGTON ) Ri hard )SS Its Aulhtmzed Agent COUNTY OF KING q ) On this ` day of f"- 202Z�L �before me,the undersigned A Notary Public(lp anli forr the� S a of Washington,duly commissioned and sworn,Personally appeared K h IWN a4 to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this�_day of ND,( _206; _ —GFLEENlAfl; 'Y V4� , 14111 :t=�� Notary Public and fok de y;m Stu a of Washington,residing at i 11►X\WASV4 My Commission Expires: 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 and to me known to be the and respectively of the that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and Page 3 of4 DIM of Sale Bill of Sale Page 4 of 4 purposes therein mentioned,and on oath stated that they are authorized to execute the said instrument. Witness my hand and o8>fcial sea[hereto affix the day and year first above written. Notary Public in and for the State of Washington,residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of .20 j 1 1 i Page 4 of 4 Bill of Sale Bill of Sale Page 1 of 4 KEN T W A S H I N G T O N ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON The figures used on the Bill of Sale for Keutview,LLC—South 216th Street&42°d Ave.S. Round-a-bout project dated June,2000 ,were based on the"As-Built"Engineering Plans dated September,2001 -,for the same said Kentview,LLC—South 216'h Street&42°d Ave.S. Round-a-bout project. Gary Sharnbrolch the undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Core Desi¢n,Inc.. the firm responsible for the preparation of the"As-Built"Engineering Drawings. Signs e Page 1 of 4 Bill of Sale Kent City Council Meeting Date August 19, 2008 Category Consent Calendar - 60 1. SUBJECT: PUBLIC SAFETY TESTING REVISED AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the renewal agree- ment between the Kent Police Department and Public Safety Testing, Inc., as the testing service for entry level police officers. Public Safety Testing (PST) provides advertising, processes applications, and administers written examinations and/or physical agility tests. The contract period begins July 1, 2008 and ends June 30, 2011, unless either party withdraws from this Agreement with 45 days written notice. Law Department has worked with PST to revise the agreement to reflect updated language. 3. EXHIBITS: Agreement 4. RECOMMENDED BY: Public Safety Committee 8/12/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Currently in the Budget? Yes Y No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: SUBSCRIBER AGREEMENT WHEREAS, Public Safety Testing, Inc. is a skilled provider of testing services to police, fire, and other public safety agencies, and WHEREAS, the subscriber public agency, either directly or through a civil service commission, tests, evaluates, ranks and hires law enforcement officers and/or firefighters and/or other public safety positions in the performance of its public safety functions, and WHEREAS, the subscribing public entity desires to join in a non-exclusive subscriber agreement, NOW, THEREFORE, Public Safety Testing, Inc. (the "Contractor"), and the City of Kent, a municipal corporation of the State of Washington (hereinafter "Subscriber"), do enter into this non-exclusive Subscriber Agreement under the terms and conditions set forth herein. 1. Description of Basic Services. This Agreement begins July 1, 2008. The Contractor will provide the following services to the Subscriber, on the Subscriber's request: 1.1 Advertise for process applications for and administer written P PP , examination and/or physical a tests for (check all that apply): ✓ Entry-Level Police Officer 1.2 Report to the Subscriber the scores of applicants, with all information necessary for the Subscriber to place passing applicants upon its eligibility list, and rank them relative to other candidates on appropriately constituted continuous testing eligibility lists. 1.3 Appear in any administrative or civil service proceeding in order to testify to and provide any and all necessary information to document the validity of the testing process, to participate in the defense of any testing process, and to otherwise provide any information necessary to the Subscriber to evaluate challenges to or appeals from the testing process. The Contractor shall appear without additional charge. The Subscriber shall pay the reasonable cost of travel and appearance for any expert witness deemed necessary by the Subscriber to validate the testing process, including but not limited to, representatives of any company which holds the copyright to any testing material and whose testimony or appearance is deemed necessary to validate the process. SUBSCRIBER AGREEMENT - CITY OF KENT Page 1 of 10 (August 2008 -August 2011) 2. Fees & Term. The Subscriber elects a three (3) year subscription at a fixed rate of $7,500 annually. 3. Payment. Subscriber shall pay an amount equal to twenty-five percent (25%) of the annual fee set forth in Exhibit A quarterly for services rendered in the previous quarter. The annual fee set forth in Exhibit A shall be inclusive of all other costs including but not limited to software relating to online application, advertising formats, previously advertised scheduling of test dates, model civil service rules, testing systems, as well as ongoing testing and recruitment, and any and all other work developed at the cost of the Contractor prior to or contemporaneous with the execution of this Agreement. Payment shall be made within forty-five (45) days of receipt of invoice. 4. Additional Services. At the request of the Subscriber, Contractor may provide the following types of services: 4.1 Submission to the Contractor of additional requests for applicant testing with respect to any given eligibility list or any other task under the provisions of this paragraph shall be at the sole discretion of the Subscriber. This is a non-exclusive agreement and the Subscriber may continue at its discretion to conduct entry level testing in addition to the services provided by the Contractor, and may, in addition, contract with any other entity for services during the initial one-year term of this Agreement. If the Subscriber elects to utilize the Contractor for a three-year subscription, he/she may terminate this Agreement in years two and three and contract for additional services in accordance with the provisions of paragraph 11 below. 4.2 In addition to the services provided under this Agreement, the Subscriber may, at its sole discretion, elect to purchase additional services from the Contractor. Such services shall be requested by and contracted for pursuant to separate written agreement. 5. Acknowledgments of Subscriber. The Subscriber understands and acknowledges, and specifically consents to the following stipulations and provisions: 5.1 The written and physical agility scores of any applicant shall be valid for fifteen (15) months from the date of certification by the Contractor or twelve (12) months from the date of placement upon the Subscriber's eligibility list, whichever first occurs, following the report of the Contractor, and rules compatible with continuous testing shall be adopted. 5.2 An applicant may, in addition to the Subscriber's eligibility list, elect to have his/her score reported to and subject to placement on the eligibility list of any other Subscriber. Nothing in this Agreement shall SUBSCRIBER AGREEMENT - CITY OF KENT Page 2 of 10 (August 2008 -August 2011) be interpreted to prohibit the use of an applicant's score for consideration in or processing through any other subscriber's hiring and/or civil service eligibility process. The Subscriber agrees that if an applicant is hired by another agency through this service, the applicant's name shall be removed from Subscriber's eligibility list. 5.3 The Subscriber specifically understands and acknowledges that the Contractor may charge a reasonable application fee from any and all applicants. 5.4 The Subscriber may also conduct advertising as it deems necessary to support/enhance recruiting efforts. The Subscriber may link Public Safety Testing on its agency's website, if it so maintains one. 5.5 Public Safety Testing views recruiting as a partnership with the Subscriber. The Subscriber agrees to actively participate in recruiting efforts for positions within the Subscriber agency. 5.6 The Subscriber agrees to keep the Contractor up-to-date as to the agency's hiring status, minimum and special requirements, all information appearing on the agency's PST website profile and the names of any candidates hired through these services. 6. Testing Standard and Warranty of Fitness For Use. All testing services conducted under this Agreement shall be undertaken in accordance with the provisions of the Washington State Civil Service Statutes, Chapter 41.08 and 41.12 RCW, all federal and state laws and regulations that prohibit discrimination in testing and hiring practices of the type provided by Contractor, any federal and state laws and regulations that apply to the 1 services being provided by Contractor, or the terms of other applicable statute as the Subscriber shall notify the Contractor that the Subscriber must meet. Tests shall also be conducted in accordance with the general standards established by the Subscriber; the Subscriber shall be responsible for notifying the Contractor of any unusual or special process or limitation. The test utilized, the proctoring of the test, and any and all other services 1 attendant to or necessary to provide a valid passing or failing score to the Subscriber shall be conducted in accordance with generally accepted practice in the human resources, Civil Service, and Public Safety Testing community. The Subscriber may monitor the actions and operations of the Contractor at any time. The Contractor shall maintain complete written records of its procedures and the Subscriber may, on reasonable request, review such records during regular business hours. Any and all written materials, and the standards for physical fitness testing utilized, shall comply with all applicable copyrights and laws. The Contractor expressly agrees and warrants that all tests and written materials utilized have been acquired by the Contractor in accordance with the appropriate copyright agreements and laws and that it has a valid right to use and administer any written materials and tests in accordance with such agreements and laws. SUBSCRIBER AGREEMENT - CITY OF KENT Page 3 of 10 (August 2008 -August 2011) 7. Independent Contractor. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the Subscriber being interested only in the results obtained under this Agreement. Any and all agents, employees, or subcontractors of the Contractor, shall have such relation only with the Contractor. Nothing herein shall be interpreted to create an employment, agency, or contractual relationship between the Subscriber and any employee, agent, or sub- contractor of the Contractor. 8. Discrimination. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 9. Indemnification and Hold Harmless. Contractor shall defend, indemnify, and hold the Subscriber, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement. Provided, however, that nothing herein shall be interpreted to require the Contractor to indemnify the Subscriber or any officer, official, employee, agent or volunteer for a claim or loss occasioned by the negligence, unlawful or tortious act of the Subscriber. The Subscriber's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE 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. Subscriber shall defend, indemnify and hold the Contractor, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees caused by the Subscriber's negligence. SUBSCRIBER AGREEMENT - CITY OF KENT Page 4 of 10 (August 2008 -August 2011) j The provisions of this section shall survive the expiration or termination of this Agreement. 10. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, Insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, subconsultants or subcontractors. Before beginning work on the project described In this Agreement, the Contractor shall provide a Certificate of Insurance evidencing the following insurance coverage and limits: Commercial General Liability Insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall Include but not be limited to: products/completed operations/broad form property damage; and employer's liability. Insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, and independent contractors. The Subscriber shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the Subscriber. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall be provided on a "claims-made" basis. The Subscriber shall be named as an additional insured on the Commercial General Liability Insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the Subscriber as additional Insured shall be attached to the Certificate of insurance. The Subscriber reserves the right to receive a certified copy of all the required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the Subscriber and the Subscriber shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. Insurance is to be placed with insurers with a current A.M. best rating of not less than A:Vil. SUBSCRIBER AGREEMENT - CITY OF KENT Page 5 of 10 (August 2008 -August 2011) 1 11. Termination. This Agreement terminates June 30, 2011. The Contractor and the Subscriber may withdraw from this Agreement at any time for any reason with forty-five (45) days written notice, provided, however, that the provisions of paragraphs 1.3, 6, 7 and 9 shall remain in full force and effect following the termination of this Agreement with respect to, and continuing for so long as any applicant tested by the Contractor remains on the eligibility list of the Subscriber. Provided further that in the event either party elects to terminate this Agreement, prior to its expiration, any amounts paid by the Subscriber shall be pro-rated and reimbursed to the Subscriber, accordingly, within sixty (60) days of termination of this Agreement. 12. Miscellaneous Provisions. 12.1 Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the Subscriber requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. 12.2 Non-Waiver of Breach. The failure of the Subscriber to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements, or options, and the same shall be and remain in full force and effect. 12.3 Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference, or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall only be by filing suit exclusively under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided however, nothing in this paragraph shall be construed to limit the parties' right to indemnification under this Agreement. 12.4 Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 1 SUBSCRIBER AGREEMENT - CITY OF KENT Page 6 of 10 (August 2008 -August 2011) 12.5 Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the Subscriber and Contractor. 12.6 Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 13. Entire Agreement. The written terms and provisions of this Agreement, together with any exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the Subscriber, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the exhibits are hereby made part of this Agreement. Should any of the language of any exhibits to this Agreement conflict with any language contained in this Agreement, the language of this document shall prevail. This Agreement is dated this day of , 2008. CONTRACTOR: SUBSCRIBER: Public Safety Testing City of Kent By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its: Its: Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: 1 Jon F. Walters, Jr., President Steve Strachan Chief Public Safety Testing, Inc. Kent Police Department 20818 - 441h Ave. W., Suite 160 220 Fourth Avenue South Lynnwood, WA 98036 Kent, WA 98032 (425) 776-9615 (telephone) (253) 856-5800 (telephone) (425) (facsimile) (253) 856-6802 (facsimile) P\Gvil\Fles\OpenFlles\0133-2008\PublicSafetyTesbng-200SAgr doc SUBSCRIBER AGREEMENT - CITY OF KENT Page 7 of 10 (August 2008 -August 2011) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200_. By: For: Title: Date: SUBSCRIBER AGREEMENT - CITY OF KENT Page 8 of 10 (August 2008 -August 2011) CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 i M SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i SUBSCRIBER AGREEMENT - CITY OF KENT Page 9 of 10 (August 2008 -August 2011) CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 By: For: Title: Date: SUBSCRIBER AGREEMENT - CITY OF KENT Page 10 of 10 (August 2008 - August 2011) l Kent City Council Meeting Date August 19, 2008 Category Consent Calendar - 6P i 1. SUBJECT: CYBERSTALKING STATUTE FOR ENFORCEMENT IN KENT ■ ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. which amends the Kent City Code in order to adopt by reference RCW 9.61.260 related to the crime of cyberstalking for enforcement in Kent. In 2004, the state Legislature adopted RCW 9.61.260 making it a crime to cyberstalk another person. Cyberstalking is a form of harassment through electronic communication that does not constitute telephone harassment. Until the City adopts this statutory provision for enforcement in Kent, its prosecutors are unable to prosecute this crime in the Kent Municipal Court. i 3. EXHIBITS: Pat Fitzpatrick's July 8, 2008, memorandum to the Public Safety Committee; RCW 9.61.260; and Ordinance. 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT A Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds tDISCUSSION: ACTION: LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 KEN T Fax: 253-856-6770 W A S H I N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 July 8, 2008 To: Public Safety Committee From: Arthur "Pat" Fitzpatrick, Deputy City Attorney Regarding: Cyberstalking Statute for Enforcement in Kent MOTION: Recommend Council adopt the proposed ordinance which amends the Kent City Code in order to adopt by reference RCW 9.61.260 related to the crime of cyberstalking for enforcement in Kent. SUMMARY: In 2004, the state Legislature adopted RCW 9.61.260 making it a crime to cyberstalk another person. Cyberstalking is a form of harassment through electronic communication that does not constitute telephone harassment. One commits cyberstalking by making an electronic communication to any person with the intent to harass, intimidate, torment, or embarrass any other person or third party using lewd, indecent, or obscene works or images, or suggesting the commission of any lewd or lascivious act; anonymously or repeatedly whether or not conversation occurs; or threatening to inflict injury on the person, his or her property, or any member of his or her family. Until the City adopts this statutory provision for enforcement in Kent, our prosecutors are unable to prosecute this crime in the Kent Municipal Court. Based on the circumstances of each crime, a violation of RCW 9.61.260 is either a gross misdemeanor or a class C felony. However, if the circumstances of the crime require that it be prosecuted as a class C felony, the case would be referred to the King County Prosecutor's Office. BUDGET IMPACT: None. 1 RCW 9.61. 260: Cyberstalking. Page 1 of RCW 9.61.260 Cyberstalking. (1)A person is guilty of cyberstalking if he or she,with intent to harass,intimidate, torment, or embarrass any other person, and under circumstances not constituting telephone harassment,makes an electronic communication to such other person or a third party: (a)Using any lewd,lascivious,indecent,or obscene words,images,or language,or suggesting the commission of any lewd or lascivious act; (b)Anonymously or repeatedly whether or not conversation occurs;or (c)Threatening to inflict injury on the person or property of the person called or any member of his or her family or household. (2) Cyberstalking is a gross misdemeanor,except as provided in subsection(3)of this section. (3)Cyberstalking is a class C felony if either of the following applies: (a)The perpetrator has previously been convicted of the crime of harassment, as defined in RCW 9A.46.060,with the same victim or a member of the victim's family or household or any person specifically named in a no-contact order or no-harassment order in this or any other state;or (b)The perpetrator engages in the behavior prohibited under subsection (1)(c)of this section by threatening to kill the person threatened or any other person. (4)Any offense committed under this section may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received. (5) For purposes of this section,"electronic communication"means the transmission of information by wire, radio,optical cable, electromagnetic,or other similar means."Electronic communication"includes, but is not limited to,electronic mail, internet-based communications, pager service,and electronic text messaging. [2004 c 94§1.] Notes: Severability--2004 c 94:"If any provision of this act or its application to any person or circumstance is held invalid,the remainder of the act or the application of the provision to other persons or circumstances is not affected."[2004 c 94§6.] Effective dates--2004 c 94:"This act is necessary for the immediate preservation of the public peace, health, or safety,or support of the state government and its existing public institutions, and takes effect immediately[March 24,2004],except for section 3 of this act,which takes effect July 1,2004."[2004 c 94§7.] htttj: //aans . lea.wa.aov/RCW/default.asDx7cite=9. 61.260 7/8/2008 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending chapter 9.02 of the Kent City Code, entitled "Criminal Code," in order to adopt by reference for enforcement in Kent RCW 9.61.260 related to cyberstalking. RECITALS A. Based on society's increased use and reliance on electronic jcommunications, the state legislature adopted RCW 9.61.260 in an effort to punish harassing conduct committed using electronic communication that does not constitute telephone harassment. Harassment committed using electronic communication is defined as cyberstalking. One commits cyberstalking by making an electronic communication to any person with the intent to harass, intimate, torment, or embarrass any other person or third party using lewd, indecent, or obscene words or images, or suggesting the commission of any lewd or lascivious act; anonymously or repeatedly whether or not conversation occurs; or threatening to inflict injury on the person, his or her property, or any member of his or her family. B. Based on the circumstances of each crime, a violation of RCW 9.61.260 is either a gross misdemeanor punishable by a fine up to $5,000, jail not to exceed one year, or both, or a class C felony. However, if the 1 Criminal Code Amendment- Add Criminal Act of Cyberstalking 1 circumstances of the crime require that it be prosecuted as a class C felony, the case would be referred to the King County Prosecutor's Office. C. This ordinance adopts this RCW provision by reference for enforcement in Kent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 9.02.070 of the Kent City ` Code, entitled Title 9A RCW, entitled Washington Criminal Code' - Adoption by reference," is amended as follows: Sec. 9.02.060. Title 9 RCW, entitled "Crimes and Punishments" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force t and effect as if set forth herein in full. r RCW 9.01.055 Citizen immunity if aiding officer, scope - When. RCW 9.01.110 Omission, when not punishable. RCW 9.01.130 Sending letter, when complete. RCW 9.02.050 Concealing birth. RCW 9.03.010 Abandoning, discarding refrigeration equipment. RCW 9.03.020 Permitting unused equipment to remain on premises. RCW 9.03.040 Keeping or storing equipment for sale. RCW 9.04.010 False advertising. RCW 9.04.090 Advertising fuel prices by service stations. RCW 9.08.030 False certificate of registration of animals - False representation as to breed. RCW 9.08.065 Definitions. RCW 9.08.070 Pet animals - Taking; concealing, injuring, killing, 2 Criminal Code Amendment- Add Criminal Act of Cyberstalking etc. - Penalty. RCW 9.08.072 Transferring stolen pet animal to a research institution - Penalty. RCW 9.08.078 Illegal sale, receipt, or transfer of pet animals - Separate offenses. RCW 9.12.010 Barratry. RCW 9.12.020 Buying, demanding, or promising reward by district judge or deputy. RCW 9.16.005 Definitions. RCW 9.16.010 Removing lawful brands. RCW 9.16.020 Imitating lawful brand. RCW 9.16.030 Counterfeit mark - Intellectual property. RCW 9.16.035 Counterfeiting - Penalties. RCW 9.16.041 Counterfeit items - Seizure and forfeiture. RCW 9.16.050 When deemed affixed. RCW 9.16.060 Fraudulent registration of trademark. RCW 9.16.070 Form and similitude defined. RCW 9.16.080 Petroleum products improperly labeled or graded. RCW 9.16.100 Use of the words "sterling silver," etc. RCW 9.16.110 Use of words "coin silver," etc. RCW 9.16.120 Use of the word "sterling" on mounting. RCW 9.16.130 Use of the words "coin silver" on mounting. RCW 9.16.140 Unlawfully marking article made of gold. RCW 9.16.150 "Marked, stamped or branded" defined. RCW 9.18.080 Offender a competent witness. RCW 9.18.120 Suppression of competitive bidding. RCW 9.18.130 Collusion to prevent competitive bidding. RCW 9.18.150 Agreements outside state. RCW 9.24.010 Fraud in stock subscription. RCW 9.24.040 Corporation doing business without license. RCW 9.26A.090 Telephone company credit cards - Prohibited acts. RCW 9.26A.100 Definitions. RCW 9.26A.110 Fraud in obtaining telecommunications service - Penalty. RCW 9.26A.120 Fraud in operating coin-box telephone or other receptacle. RCW 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin. 3 Criminal Code Amendment- Add Criminal Act of Cyberstalking RCW 9.27.015 Interference, obstruction of any court, building, or residence - Violations. RCW 9.35.030 Soliciting undesired mail. RCW 9.38.010 False representation concerning credit. RCW 9.38.015 False statement by deposit account applicant. RCW 9.38.020 False representation concerning title. RCW 9.40.040 Operating engine or boiler without spark arrester. RCW 9.40.100 Tampering with fire alarm or fire fighting equipment - False alarm - Penalties. RCW 9.41.010 Terms defined. RCW 9.41.040 Unlawful possession of firearms - Ownership, possession by certain persons - Penalty. RCW 9.41.050 Carrying firearms. RCW 9.41.060 Exceptions to restrictions on carrying firearms. RCW 9.41.090 Dealer deliveries regulated - Hold on delivery. RCW 9.41.100 Dealer licensing and registration required. RCW 9.41.110 Dealer's licenses, by whom granted, conditions, fees - Employees, fingerprinting and background checks - Wholesale sales excepted - Permits prohibited. RCW 9.41.140 Alteration of identifying marks - Exceptions. RCW 9.41.220 Unlawful firearms and parts contraband. RCW 9.41.230 Aiming or discharging firearms, dangerous weapons. RCW 9.41.240 Possession of pistol by person from eighteen to twenty- , one. RCW 9.41.250 Dangerous weapons - Penalty. RCW 9.41.260 Dangerous exhibitions. RCW 9.41.270 Weapons apparently capable of producing bodily harm - Unlawful carrying or handling - Penalty - Exceptions. RCW 9.41.280 Possessing dangerous weapons on school facilities - Penalty - Exceptions. RCW 9.41.300 Weapons prohibited in certain places - Local laws and ordinances - Exceptions - Penalty. RCW 9.41.800 Surrender of weapons or licenses - Prohibition on future possession or licensing. RCW 9.41.810 Penalty. RCW 9.44.080 Misconduct in signing a petition. RCW 9.45.060 Encumbered, leased, or rented personal property - Construction. RCW 9.45.070 Mock auctions. 4 Criminal Code Amendment- Add Criminal Act of Cyberstalking RCW 9.45.080 Fraudulent removal of property. RCW 9.45.090 Knowingly receiving fraudulent conveyance. RCW 9.45.100 Fraud in assignment for benefit of creditors. RCW 9.46.196 Cheating. RCW 9.47A.010 Definition. RCW 9.47A.020 Unlawful inhalation - Exception. 1 RCW 9.47A.030 Possession of certain substances prohibited, when. RCW 9.47A.040 Sale of certain substances prohibited, when. RCW 9.47A.050 Penalty. RCW 9.51.010 Misconduct of officer drawing jury. RCW 9.51.020 Soliciting jury duty. RCW 9.51.030 Misconduct of officer in charge of jury. RCW 9.61.230 Telephone harassment. RCW 9.61.240 Telephone harassment - Permitting telephone to be used. RCW 9.61.250 Telephone harassment - Offense, where deemed committed. RCW 9.61.260 Cyberstalking RCW 9.62.010 Malicious prosecution. RCW 9.62.020 Instituting suit in name of another. RCW 9.66.010 Public nuisance. RCW 9.66.020 Unequal damage. RCW 9.66.030 Maintaining or permitting nuisance. RCW 9.66.040 Abatement of nuisance. RCW 9.66.050 Deposit of unwholesome substance. RCW 9.68.015 Obscene literature, shows, etc. - Exemptions. RCW 9.68.030 Indecent articles, etc. RCW 9.68.050 "Erotic material" - Definitions. RCW 9.68.060 "Erotic material" - Determination by court - Labeling - Penalties. RCW 9.68.070 Prosecution for violation of RCW 9.68.060 - Defense. RCW 9.68.080 Unlawful acts. RCW 9.68.100 Exceptions to RCW 9.68.050 through 9.68.120. RCW 9.68.110 Motion picture operator or projectionist exempt, when. RCW 9.68.130 "Sexually explicit material" - Defined - Unlawful display. RCW 9.68A.011 Definitions. 5 Criminal Code Amendment- Add Criminal Act of Cyberstalking RCW 9.68A.080 Processors of depictions of minor engaged in sexually explicit conduct - Report required. RCW 9.68A.090 Communication with minor for immoral purposes. RCW 9.68A.110 Certain defenses barred, permitted. RCW 9.68A.120 Seizure and forfeiture of property. RCW 9.68A.150 Allowing minor on premises of live erotic performance—Definitions—Penalty. RCW 9.69.100 Duty of witness of offense against child or any violent , offense - Penalty. RCW 9.72.090 Committal of witness - Detention of documents. RCW 9.73.010 Divulging telegram. RCW 9.73.020 Opening sealed letter. RCW 9.73.030 Intercepting, recording or divulging private communication - Consent required - Exceptions. RCW 9.73.050 Admissibility of intercepted communication in evidence. RCW 9.73.070 Persons and activities excepted from chapter. RCW 9.73.080 Penalties. RCW 9.73.090 Certain emergency response personnel exempted from RCW 9.73.030 through RCW 9.73.080 - Standards - Court authorizations - Admissibility. RCW 9.73.100 Recordings available to defense counsel. j RCW 9.73.110 Intercepting, recording, or disclosing private communications - Not unlawful for building owner - Conditions RCW 9.91.010 Denial of civil rights - Terms defined. RCW 9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated. RCW 9.91.025 Unlawful bus conduct. RCW 9.91.060 Leaving children unattended in a parked automobile. RCW 9.91.140 Food stamps. RCW 9.91.142 Food stamps - Trafficking. RCW 9.91.160 Personal protection spray devices. RCW 9.91.170 Interfering with dog guide or service animal. SECTION 2. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 6 Criminal Code Amendment- Add Criminal Act of Cyberstalking j SECTION 3. - Effective Date. This ordinance shall take effect and ' be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of August, 2008. APPROVED: day of August, 2008. PUBLISHED: day of August, 2008. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK v\Uvll\Ordinance\GlminalGMe-AddCybera[alking Ooc 7 Criminal Code Amendment- Add Criminal Act of Cyberstalking i Kent City Council Meeting Date August 19, 2008 Category Consent Calendar - 60 I 1. SUBJECT: KENT CORRECTIONS FACILITY PROGRAMS AND KENT POLICE DEPARTMENT FEES RESOLUTION - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. relating to a fee schedule established for the Kent Corrections Facility Programs and fees for the Kent Police Department. The Kent City Council has established a number of fees by resolution rather than by ordinance so that the fees may be adjusted by council without amending the text of the Kent City Code. The City of Kent Corrections Facility Programs Fee Schedule and the Kent Police Department Fee Schedule previously established by the City require adoption by resolution. It is appropriate to establish and adopt these various fees to more accurately reflect the true cost incurred by the City in providing services to the public. iThe fee schedule attached and incorporated as Exhibit A to the proposed resolution would adopt and establish the fee schedules for the City of Kent Corrections Facility Programs and the City of Kent Police Department. 3. EXHIBITS: Pat Fitzpatrick's August 12, 2008, memorandum to the Public Safety Committee; and Resolution 4. RECOMMENDED BY: Public Safety 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 rDISCUSSION: ACTION: � LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 KEN T Fax: 253-856-6770 W A S H I N O T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 August 12, 2008 To: Public Safety Committee From: Arthur "Pat" Fitzpatrick Deputy City Attorney Regarding: Kent Corrections Facility Programs and Kent Police Department Fee Schedule - Resolution MOTION: Recommend Council adopt the proposed resolution relating to the fees schedule established for the Kent Corrections Facilities Programs and the fees for the Kent Police Department. SUMMARY: The Kent City Council has established a number of fees by resolution rather than by ordinance so that the fees may be adjusted by council without amending the text of the Kent City Code. The City of Kent Corrections Facility Programs Fee Schedule and Kent Police Department Fee Schedule previously established by the City of Kent requires adoption by resolution. It is appropriate to establish and adopt these various fees to more accurately reflect the true cost incurred by the city in providing services to the public. The fees schedule attached and incorporated as Exhibit A to the proposed resolution would adopt and establish the fee schedule for the City of Kent Corrections Facility Programs and the City of Kent Police Department. ATTACHMENT: Resolution BUDGET IMPACT:Revenue r t 1 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, establishing and adopting a fee schedule for the Kent Corrections Facility Programs and fees of the Kent Police Department. RECITALS A. The Kent City Council has established a number of fees by resolution rather than by ordinance so that the fees may be adjusted by council without amending the text of the Kent City Code. The City of Kent Corrections Facility Programs Fee Schedule and the Kent Police Department Fee Schedule previously established by the City require adoption. The proposed Fee Schedules were presented and considered at the August 12, ' 2008, Public Safety Committee meeting. B. It is appropriate to establish and adopt these various fees to more accurately reflect the true cost incurred by the City in providing ' services to the public. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Fees Relating to Kent Corrections Facility Programs and Kent Police Department RESOLUTION SECTION 1. - Fee Schedule and Fee Schedule Notes. The fee schedule attached and incorporated as Exhibit A is hereby adopted and , established as the fee schedule for the City of Kent Corrections Facility Programs and the City of Kent Police Department. SECTION 2. - Savin s. All fees previously charged shall remain in full force and effect until the effective date of this resolution. SECTION 3 - Severabilit . If an section subsectionparagraph, Y sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. , SECTION 4. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION S. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of August, 2008. CONCURRED in by the Mayor of the City of Kent this day of August, 2008. SUZETTE COOKE, MAYOR 2 Fees Relating to Kent Corrections Facility Programs and Kent Police Department ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: i TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of August, 2008. BRENDA JACOBER CITY CLERK P:\Civil\Resolution\Correcbons-PoliceDepartment-FeesEstablished doc Fes Relating 3 e g to Kent Corrections Facility Programs and Kent Police Department EXHIBIT A • ,KEN1' KENT CORRECTIONS FACILITIES PROGRAM ........ AND KENT POLICE DEPARTMENT FEES SCHEDULE ' (Effective_/_/08) Approved by Resolution No. KENT CORRECTIONS FACILITY PROGRAM FEES: ' Type of Fee Fee Program Application Fee (Kent Defendant) $30 per application Program Application Fee (Outside Agency Defendant) $40 per application ' Home Detention (Kent Defendant) $20 per day Home Detention (Outside Agency Defendant) $50 per day Work Release (Kent Defendant) $35 per day , Work Release (Outside Agency Defendant) $50 per day ' Day Detention (Kent Defendant) $10 per day Day Detention (Outside Agency Defendant) $50 per day ' KENT POLICE DEPARTMENT FEES: Type of Fee Fee Traffic School $100 per student Fingerprinting Services (City of Kent Resident) $10 Fingerprinting Services (Non-Resident) $15 Kent City Council Meeting Date August 19, 2008 Category Other Business - 7A 1. SUBJECT: LIMITED TAX GENERAL OBLIGATION BONDS 2. SUMMARY STATEMENT: The City's authorized 2008 budget contains the plan to issue $20 million in LTGO debt for the East Hill Shops, the Technology Plan and Downtown Sidewalks. Other projects have surfaced and need funding during this year and we have reduced the original request to the amounts needed for the next two years on the planned projects. The completion of the Events Center and the required renovations to the Municipal Court, with the reduction in the existing projects result in a request for the $24 million. BUDGET IMPACT: The 2008 budget impact of these bonds will result in interest payments of approximately $330,000. The total cost of these bonds over their 18 year life is anticipated to be $36.97 million, consisting of the $24 million in principal and $12.97 million in interest. DETAIL: The following projects are to be funded from these bonds in the following amounts: Street portion of the East Hill Shops $ 5,150,000 2008 Technology Plan 3,100,000 Downtown Sidewalks 2,050,000 Events Center 5,950,000 Municipal Court Renovation 7,750,000 Total $24,000,000 3. EXHIBITS: Bond Ordinance and Finance PowerPoint 4. RECOMMENDED BY: Operations Committee & Staff ' (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember CG, �kZ- moves, Councilmember seconds to adopt Ordinance No. %%� providing for the issuance and sale of limited tax general obligation bonds to fund various City projects in the amount of $24 million. DISCUSSION: I C } ot ACTION: V V q �--� ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for the issuance and sale of limited tax general obligation bonds of the City in the principal amount of not to exceed $24,000,000 to provide funds for and/or reimburse all or a portion of the costs of constructing a public works maintenance facility, renovating municipal court facilities, constructing sidewalk improvements, constructing and equipping the Kent Events Center, implementing capital elements of the City's technology plan, and paying costs of issuance of the bonds; providing the form and terms of the bonds; and delegating authority to approve the final terms of the bonds. i PASSED: August 19, 2008 This document prepared by: K&L Preston Gates Ellis LLP Seattle, Washington LTGO Bonds, 2008 TABLE OF CONTENTS Page SECTION 1. - Definitions ......................................................... 2 SECTION 2. - Authorization of Projects ...................................... 4 SECTION 3. - Authorization and Description of Bonds .................. 5 SECTION 4. - Registration, Transfer and Payment of Bonds .......... 5 SECTION S. - Redemption and Purchase of Bonds ..................... . 9 SECTION 6. - Form of the Bonds ............................................ 12 SECTION 7. - Execution of the Bonds ...................................... 16 SECTION S. - Application of Bond Proceeds .............................. 16 SECTION 9. - Tax Covenants ................................................. 17 SECTION 10. - Bond Fund; Provision for Payment..................... 18 SECTION 11. - Defeasance .................................................... 19 SECTION 12. - Sale of the Bonds............................................ 20 SECTION 13. - Bond Insurance .............................................. 22 SECTION 14. - Continuing Disclosure Undertaking .................... 22 SECTION 15. - Lost, Stolen or Destroyed Bonds ....................... 25 SECTION 16. - Severability.................................................... 25 SECTION 17. - Effective Date of Ordinance .............................. 26 -i- LTGO Bonds, 2008 ■ CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for the issuance and sale of limited tax general obligation bonds of the City in the principal amount of not to exceed $24,000,000 to provide funds for and/or reimburse all or a portion of the costs of constructing a public works maintenance facility, renovating municipal court facilities, constructing sidewalk improvements, constructing and I equipping the Kent Events Center, implementing capital elements of the City's technology plan, and paying costs of issuance of the bonds; providing the form and terms of the bonds; and delegating authority to approve the final terms of the bonds. RECITALS A. The City of Kent, Washington (the "City"), desires to construct a public works maintenance facility to be used in part by the City's transportation and street department, renovate municipal court facilities, implement capital components of the City's 2008 technology plan, undertake sidewalk improvements, and complete the construction and equipping of the Kent Events Center (collectively the "Projects"); and 1 B. It is in the best interest of the City to issue limited tax general obligation bonds in the aggregate principal amount of not to exceed $24,000,000 to obtain long term financing for the Projects; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO ORDAIN AS FOLLOWS: 1 LTGO Bonds, 2008 SECTION 1. - Definitions. As used in this ordinance, the following words shall have the following meanings: Beneficial Owner means any person that has or shares the power, directly or indirectly to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). Bond Fund means the LTGO Bond Debt Service Fund described in Section 10 of this ordinance. Bond Insurance Policy means the municipal bond insurance policy, if any, issued by the Insurer insuring the payment when due of the principal of and interest on the Bonds as provided therein. Bond Purchase Contract means the contract for the purchase of the Bonds between the Underwriters and City, executed pursuant to Section 12 of this ordinance. Bond Register means the registration books showing the name, address and tax identification number of each Registered Owner of the Bonds, maintained pursuant to Section 149(a) of the Code. Bond Registrar means, initially, the fiscal agency of the State of Washington, for the purposes of registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds and paying interest on and principal of the Bonds. ■ Bonds means the City of Kent, Washington Limited Tax General Obligation Bonds, 2008 issued pursuant to this ordinance. Bond Year means each one-year period that ends on the date selected by the City. The first and last Bond Years may be short periods. If no day is selected by the City before the earlier of the final maturity date of the Bonds or the date that is five years after the date of issuance of the Bonds, Bond Years end on each anniversary of the date of issue and on the final maturity date of the Bonds. L City means the City of Kent, Washington, a municipal corporation of the State of Washington. 2 LTGO Bonds, 2008 t Code means the Internal Revenue Code of 1986, as amended, and shall include all applicable regulations and rulings relating thereto. Commission means the Securities and Exchange Commission. Council means the City Council of the City, as the same shall be duly and regularly constituted from time to time. Designated City Representative means the Mayor of the City and any successor to the functions of such office. DTC means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as depository for the Bonds pursuant to Section 4 hereof. Government Obligations means those obligations now or hereafter defined as such in chapter 39.53 RCW. Insurer means the municipal bond insurance company, if any, selected and designated by the Designated City Representative, pursuant to Section 13 of this ordinance, or any successor thereto or assignee thereof, as issuer of a Bond Insurance Policy for the Bonds. Letter of Representations means the blanket issuer letter of representations from the City to DTC. MSR8 means the Municipal Securities Rulemaking Board or any successor to its functions. Net Proceeds, when used with reference with the Bonds, means the principal amount of the Bonds, plus accrued interest and original issue premium, if any, and less original issue discount, if any. NRMSIR means a nationally recognized municipal securities information repository. Private Person means any natural person engaged in a trade or business or any trust, estate, partnership, association, company or corporation. Private Person Use means the use of property in a trade or business by a Private Person if such use is other than as a member of the general public. Private Person Use includes ownership of the property by the Private Person as well as other arrangements that transfer to the Private 3 LTGO Bonds, 2008 Person the actual or beneficial use of the property (such as a lease, management or incentive payment contract or other special arrangement) in such a manner as to set the Private Person apart from the general public. Use of property as a member of the general public includes attendance by the Private Person at municipal meetings or business rental of property to the Private Person on a day-to-day basis if the rental paid by such Private Person is the same as the rental paid by any Private Person who desires to rent the property. Use of property by nonprofit community groups or community recreational groups is not treated as Private Person Use if such use is incidental to the governmental uses of property, the property is made available for such use by all such community groups on an equal basis and such community groups are charged only a de minimis fee to cover custodial expenses. Project Account means the Project Account described in Section 8 of this ordinance. Projects mean the capital projects described in Section 2 of this ordinance and incorporated herein by this reference. RCW means the Revised Code of Washington. Registered Owner means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book- entry only form, DTC shall be deemed to be the sole Registered Owner. Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. SID means a state information depository, if any, for the State of Washington. Underwriters mean Siebert Brandford Shank & Co., LLC, Lehman Brothers Inc. and Piper ]affray & Co. SECTION 2. - Authorization of Proiects. The City hereby approves the plan to design and construct a public works maintenance facility to be used in part by the City's transportation and street department, renovate municipal court facilities, implement capital components of the City's 2008 technology plan, undertake sidewalk improvements, and complete the 4 LTGO Bonds, 2008 construction and equipping of the Kent Events Center (the "Projects") and pay costs of issuance of the Bonds. SECTION 3. - Authorization and Description of Bonds. For the purpose of paying the costs of the Projects and paying costs of issuance, the City shall issue and sell its limited tax general obligation bonds in the aggregate principal amount of not to exceed $24,000,000 (the "Bonds"). The Bonds shall be general obligations of the City; shall be designated the "City of Kent, Washington, Limited Tax General Obligation Bonds, 2008"; shall be dated as of their initial date of delivery; shall be fully registered as to both principal and interest; shall be in the denomination of $5,000 each, or any integral multiple thereof, provided that no Bond shall represent more than one maturity; shall be numbered separately in such manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification; shall bear interest from their date, payable on December 1, 2008, and semiannually thereafter on the first days of each June and December; and shall mature on December 1 in the years and principal amounts set forth and approved in the Bond Purchase Contract executed by the Designated City Representative pursuant to Section 12 of this ordinance. SECTION 4. - Registration, Transfer and Payment of Bonds. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment of state fiscal agencies. The City shall cause a Bond Register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its principal corporate trust office. The Bond Registrar may be removed at any time at the option of the Finance Director upon prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Finance Director. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been appointed and until the successor Bond Registrar 5 1 LTGO Bonds, 2008 I shall have accepted the duties of the Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Bonds. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes (except as provided in Section 14 of this ordinance), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in this section, but such Bond may be transferred as herein provided. All such payments made as described in this section shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. ' The Bonds initially shall be held in fully immobilized form by DTC acting as depository. To induce DTC to accept the Bonds as eligible for , deposit at DTC, the City has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held in fully-immobilized form hereunder, DTC or its successor depository shall be 6 LTGO Bonds, 2008 deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. If any Bond shall be duly presented for payment and funds have not been duly provided by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such Bond until it is paid. The Bonds shall be registered initially in the name of "Cede & Co.", as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such immobilized Bonds, or any portions thereof, may not thereafter be transferred except (i) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (ii) to any substitute depository appointed by the Finance Director pursuant to this section or such substitute depository's successor; or (iii) to any other person as specifically provided in this section. Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Finance Director to discontinue the system of book-entry transfers through DTC or its successor (or any substitute depository or its successor), the Finance Director may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. In the case of any transfer pursuant to clause (i) or (ii) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together with a written request on behalf of the Finance Director, issue a single new Bond for each maturity then outstanding, registered in the name of such 7 LTGO Bonds, 2008 successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Finance Director. In the event that (i) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (ii) the Finance Director determines that it is in the best interest of the Beneficial Owners of the Bonds that such owners be able to obtain such bonds in the form of Bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and shall no longer be held in fully-immobilized form. The Finance Director shall deliver a written request to the Bond Registrar, together with a supply of definitive Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds together with a written request on behalf of the Finance Director to the Bond Registrar, new Bonds shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on r such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, maturity and interest rate, in any authorized denomination. 8 LTGO Bonds, 2008 The Bond Registrar shall not be obligated to register the transfer or to exchange any Bond during the 15 days preceding any interest payment or principal payment date any such Bond is to be redeemed. The Bond Registrar may become the Registered Owner of any Bond with the same rights it would have if it were not the Bond Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners of Bonds. The City covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149(a) of the Code. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be calculated on the basis of a year of 360 days and twelve 30-day months. For so long as all Bonds are in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer in fully immobilized form, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date, or upon the written request of a Registered Owner of more than $1,000,000 of Bonds (received by the Bond Registrar at least 15 days prior to the applicable payment date), such payment shall be made by the Bond Registrar by wire transfer to the raccount within the continental United States designated by the Registered Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the principal office of the Bond Registrar. SECTIONS. - Redemption and Purchase of Bonds. The Bonds may be called for redemption at any time prior to scheduled maturity under 9 LTGO Bonds, 2008 terms approved by the Designated City Representative in the Bond Purchase Contract pursuant to Section 12 of this ordinance. For as long as the Bonds are held in book-entry only form, the selection of particular Bonds within a maturity to be redeemed shall be made in accordance with the operational arrangements then in effect at DTC. If the Bonds are no longer held in uncertificated form, the selection of such Bonds to be redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided in the following provisions of this section. If the City redeems at any one time fewer than all of the Bonds having the same maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot (or in such manner determined by DTC or the Bond Registrar) in increments of $5,000. In the case of a Bond of a denomination greater than $5,000, the City and the Bond Registrar shall treat each Bond as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of such Bond by $5,000. In the event that only a portion of the principal sum of a Bond is redeemed, upon surrender of such Bond at the principal office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a Bond or Bonds of like maturity and interest rate in any of the denominations herein authorized. For so long as the Bonds are held in uncertificated form, notice of redemption (which notice may be conditional) shall be given in accordance with the operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar will provide any notice of redemption to any Beneficial Owners. Thereafter (if the Bonds are no longer held in r uncertificated form), notice of redemption shall be given in the manner hereinafter provided. Unless waived by any owner of Bonds to be redeemed, official notice of any such redemption (which redemption may be conditioned by the Bond Registrar on the receipt of sufficient funds for redemption or otherwise) shall be given by the Bond Registrar on behalf of 10 LTGO Bonds, 2008 the City by mailing a copy of an official redemption notice b first class P Y mail at least 30 days and not more than 60 days prior to the date fixed for redemption to the Registered Owner of the Bond or Bonds to be redeemed at the address shown on the Register or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar. All official notices of redemption shall be dated and shall state: (i) the redemption date, (ii) the redemption price, (iii) if fewer than all outstanding Bonds are to be redeemed, the identification by maturity (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (iv) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and (v) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal office of the Bond Registrar. On or prior to any redemption date, the City shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. If an unconditional notice of redemption has been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. All Bonds which have been redeemed shall be canceled and destroyed by the Bond Registrar and shall not be reissued. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner LTGO Bonds, 2008 defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (i) the CUSIP numbers of all Bonds being redeemed; (ii) the date of issue of the Bonds as originally issued; (iii) the rate of interest borne by each Bond being redeemed; (iv) the maturity date of each Bond being redeemed; and (v) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 35 days before the redemption date to each party entitled to receive notice pursuant to Section 14, the Insurer, if any, and to the Underwriters and with such additional information as the City shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds. The foregoing notice provisions of this Section 5, including but not limited to the information to be included in redemption notices and the persons designated to receive notices, may be amended by additions, deletions and changes in order to maintain compliance with duly promulgated regulations and recommendations regarding notices of redemption of municipal securities. The City reserves the right to purchase any of the Bonds offered to it at any time at a price deemed reasonable by the Finance Director. Bonds purchased by the City shall be cancelled. SECTION 6. - Form of the Bonds. The Bonds shall be in substantially the following form: 12 LTGO Bonds, 2008 [DTC LANGUAGE] [STATEMENT OF INSURANCE] UNITED STATES OF AMERICA NO. $ STATE OF WASHINGTON CITY OF KENT LIMITED TAX GENERAL OBLIGATION BOND, 2008 INTEREST RATE: % MATURITY DATE: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Kent, Washington (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from , 2008, or the most recent date to which interest has been paid or duly provided for until payment of this bond at the Interest Rate set forth above, payable on December 1, 2008, and semiannually thereafter on the first days of each succeeding June and December. Both principal of and interest on this bond are payable in lawful money of the United States of America. The fiscal agency of the State of Washington has been appointed by the City as the authenticating agent, paying agent and registrar for the bonds of this issue (the "Bond Registrar"). For so long as the bonds of this issue are held in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of The Depository Trust Company ("DTC") referred to in the Blanket Issuer Letter of Representations (the "Letter of Representations") from the City to DTC. The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and Ordinance No. duly passed by the City Council on August 19, 2008 (the "Bond Ordinance"). Capitalized terms used in this bond have the meanings given such terms in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by or 1 on behalf of the Bond Registrar or its duly designated agent. This bond is one of an authorized issue of bonds of like date, tenor, rate of interest and date of maturity, except as to number and amount in the aggregate principal amount of $ and is issued pursuant to the Bond Ordinance for providing funds to pay the cost of capital improvements to City facilities and to pay costs of issuance. 13 LTGO Bonds, 2008 The bonds of this issue are subject to redemption prior to their stated maturities as provided in the Bond Ordinance. The City hereby irrevocably covenants and agrees with the owner of this bond that it will include in its annual budget and levy taxes annually, within and as a part of the tax levy permitted to the City without a vote of the electorate, upon all the property subject to taxation in amounts sufficient, together with other money legally available therefor, to pay the principal of and interest on this bond as the same shall become due. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. The bonds of this issue are not "qualified tax-exempt obligations" for investment by financial institutions under Section 265(b) of the Code. The pledge of tax levies for payment of principal of and interest on the bonds may be discharged prior to maturity of the bonds by making provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist, to have happened, been done and performed precedent to and in the issuance of this bond have happened, been done and performed and that the issuance of this bond and the bonds of this issue does not violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. IN WITNESS WHEREOF, the City of Kent, Washington has caused this bond to be executed by the manual or facsimile signatures of the Mayor and City Clerk and the seal of the City imprinted, impressed or otherwise reproduced hereon as of this day of , 2008. CITY OF KENT, WASHINGTON /s/ manual or facsimile By Mayor ATTEST: /s/ manual or facsimile City Clerk [SEAL] 14 LTGO Bonds, 2008 The Bond Registrar's Certificate of Authentication on the Bonds shall be in substantially the following form: CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within mentioned Bond Ordinance and is one of the Limited Tax General Obligation Bonds, 2008 of the City of Kent, Washington, dated , 2008. WASHINGTON STATE FISCAL AGENCY, as Bond Registrar By ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto PLEASE INSERT SOCIAL SECURITY OR TAXPAYER IDENTIFICATION NUMBER OF TRANSFEREE Please print or typewrite name and address including zip code of ( p Yp 9 p Transferee) the within bond and all rights thereunder and does hereby irrevocably constitute and appoint of , or its successor, as agent to transfer said bond on the books kept by the Bond Registrar for registration thereof, with full power of substitution in the premises. DATED: SIGNATURE GUARANTEED: Notice: signature(s) must be guaranteed pursuant to law. NOTE: The signature of this Assignment must correspond with the name of the registered owner as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. 15 LTGO Bonds, 2008 SECTION 7, - Execution of the Bonds. The Bonds shall be executed on behalf of the City with the manual or facsimile signatures of the Mayor and City Clerk of the City and the seal of the City shall be impressed, imprinted or otherwise reproduced thereon. Only such Bonds as shall bear thereon a Certificate of Authentication in the form hereinbefore recited, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. In case either of the officers who shall have executed the Bonds shall cease to be an officer or officers of the City before the Bonds so signed shall have been authenticated or delivered by the Bond Registrar, or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City. Any Bond may be signed and attested on behalf of the City by such persons who at the date of the actual execution of such Bond, are the proper officers of the City, although at the original date of such Bond any such person shall not have been such officer of the City. SECTION 8. - Application of Bond Proceeds. The City shall deposit the Bond proceeds into an account in its Capital Projects Fund (the "Project Account"). Money on hand in the Project Account shall be used to pay the costs of or reimbursement for the costs of the Projects and costs of i issuance of the Bonds. The Finance Director may invest money in the ■ Project Account in legal investments for City funds. Earnings on such investments shall accrue to the benefit of the Project Account earning such interest. Any part of the proceeds of the Bonds remaining in the Project Account after all costs of the Projects have been paid (including costs of 16 LTGO Bonds, 2008 issuance) may be used for any capital purpose of the City or may be transferred to the Bond Fund. SECTION 9, - Tax Covenants. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exemption from federal income taxation of the interest on the Bonds and will take or require to be taken such acts as may reasonably be within its ability and as may from time to time be required under applicable law to continue the exemption from federal income taxation of the interest on the Bonds. Without limiting the generality of the foregoing, the City covenants that it will not take any action or fail to take any action with respect to the proceeds of sale of the Bonds or any other funds of the City which may be deemed to be proceeds of the Bonds pursuant to Section 148 of the Code and the regulations promulgated thereunder which, if such use had been reasonably expected on the dates of delivery of the Bonds to the initial purchasers thereof, would have caused the Bonds to be treated as "arbitrage bonds" within the meaning of such term as used in Section 148 of the Code. The City will comply with the requirements of Section 148 of the Code and the applicable regulations thereunder throughout the term of the Bonds. The City covenants that for as long as the Bonds are outstanding, it will not permit: (i) more than 10% of the Net Proceeds of the Bonds to be allocated to any Private Person Use; and (ii) more than 10% of the principal or interest payments on the Bonds in a Bond Year to be directly or indirectly secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use. The City further covenants that, if: (i) more than five percent of the Net Proceeds of the Bonds are allocable to any Private Person Use; and 17 jLTGO Bonds, 2008 r (ii) more than five percent of the principal or interest payments on the Bonds in a Bond Year are (under the terms of this ordinance or any underlying arrangement) directly or indirectly secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use, then, any Private Person Use of the Projects or Private Person Use payments that is in excess of the five percent limitations described above will be for a Private Person Use that is related to the state or local governmental use of the Projects funded by the proceeds of the Bonds, and any Private Person Use will not exceed the amount of Net Proceeds of the Bonds allocable to the state or local governmental use portion of the Project(s) to which the Private Person Use of such portion of the Projects funded by the proceeds of the Bonds relate. The City further covenants that it will comply with any limitations on the use of the Projects funded by the proceeds of the Bonds by other than state and local governmental users that are necessary, in the opinion of its bond counsel, to preserve the tax exemption of the interest on the Bonds. The covenants of this section are specified solely to assure the continued exemption from regular income taxation of the interest on the Bonds. To that end, the provisions of this section may be modified or eliminated without any requirement for formal amendment thereof upon receipt of an opinion of the City's bond counsel that such modification or elimination will not adversely affect the tax exemption of interest on any Bonds. The City has not designated the Bonds as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code for investment by financial institutions. , SECTION 10. - Bond Fund; Provision for Payment. The City has heretofore established a fund to be used for the payment of debt service the Bonds, designated as the "LTGO Bond Debt Service Fund" (the "Bond 18 LTGO Bonds, 2008 Fund"). No later than the date each payment of principal of and/or interest on the Bonds matures or becomes due and payable, the City shall transmit sufficient funds, from the Bond Fund or from other legally available sources to the Bond Registrar for the payment of such principal and/or interest. Money in the Bond Fund not needed to pay the interest or principal next coming due may temporarily be deposited in legal investments for City funds. The City hereby irrevocably covenants and agrees for as long as any of the Bonds are outstanding and unpaid that each year it will include in its budget and levy an ad valorem tax upon all the property within the City subject to taxation in an amount that will be sufficient, together with all other revenues and money of the City legally available for such purposes, to pay the principal of and interest on the Bonds as the same shall become due. The City hereby irrevocably pledges that the annual tax provided for herein to be levied for the payment of such principal and interest shall be within and as a part of the tax levy permitted to cities without a vote of the people, and that a sufficient portion of each annual levy to be levied and collected by the City prior to the full payment of the principal of and interest on the Bonds will be and is hereby irrevocably set aside, pledged and appropriated for the payment of the principal of and interest on the Bonds. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of said taxes and for the prompt payment of the principal of and interest on the Bonds as the same shall become due. SECTION 11. - Defeasance. In the event that the City, in order to effect the payment, retirement or redemption of any Bond, sets aside in the Bond Fund or in another special account, cash or noncallable Government Obligations, or any combination of cash and/or noncallable Government Obligations, in amounts and maturities which, together with the known earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance with its terms and to pay when due the 19 LTGO Bonds, 2008 interest and redemption premium, if any, thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Bond Fund for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive payment of principal, premium, if any, and interest from the Bond Fund or such special account, and such Bond shall be deemed to be not outstanding under this ordinance. The City shall give written notice of defeasance to the owners of all Bonds so provided for within 30 days of the defeasance and to each party entitled to receive notice in accordance with Section 14 of this ordinance. SECTION 12. - Sale of the Bonds. The Bonds shall be sold at negotiated sale to the Underwriters pursuant to the terms of the Bond j Purchase Contract. The Designated City Representative is hereby authorized to negotiate terms for the purchase of the Bonds and execute the Bond Purchase Contract, with such terms as are approved by him pursuant to this section and consistent with this ordinance. The Underwriters have advised the Council that market conditions are fluctuating and, as a result, the most favorable market conditions may occur on a day other than a regular meeting date of the Council. The Council has determined that it would be in the best interest of the City to delegate to the Designated City Representative for a limited time the authority to approve the final interest rates, aggregate principal amount, principal amounts of each maturity of the Bonds and redemption rights. The Designated City Representative is hereby authorized to approve the final interest rates, aggregate principal amount, principal maturities and redemption rights for the Bonds in the manner provided hereafter so long as (i) the aggregate principal amount of the Bonds does not exceed $24,000,000; and (ii) the true interest cost for the Bonds (in the aggregate) does not exceed 5.50%. 20 LTGO Bonds, 2008 In determining whether or not to proceed with bond insurance and determining the final interest rates, aggregate principal amounts, principal maturities and redemption rights, the Designated City Representative, in consultation with City staff, shall take into account those factors that, in his or her judgment, will result in the lowest true interest cost on the Bonds to their maturity, including, but not limited to current financial market conditions and current interest rates for obligations comparable in tenor and quality to the Bonds. Subject to the terms and conditions set forth in this Section 12, the Designated City Representative is hereby authorized to execute the final form of the Bond Purchase Contract, upon the Designated City Representative's approval of the final interest rates, aggregate principal amount, principal maturities and redemption rights set forth therein. Following the execution of the Bond Purchase Contract, the Designated City Representative shall provide a report to the Council, describing the final terms of the Bonds approved pursuant to the authority delegated in this section. The authority granted to the Designated City Representative by this Section 12 shall expire 60 days after the date of approval of this ordinance. If a Bond Purchase Contract for the Bonds has not been executed within 60 days after the date of final approval of this ordinance, the authorization for the issuance of the Bonds shall be rescinded, and the Bonds shall not be issued nor their sale approved unless such Bonds shall have been re-authorized by ordinance of the Council. The ordinance re-authorizing the issuance and sale of such Bonds may be in the form of a new ordinance repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance approving a bond purchase contract or establishing terms and conditions for the authority delegated under this Section 12. Upon the passage and approval of this ordinance, the proper officials of the City including the Designated City Representative, are authorized and directed to undertake all actions necessary for the prompt execution and delivery of the Bonds to the Underwriters thereof and further to execute all closing certificates and documents required to effect the closing 21 LTGO Bonds, 2008 and delivery of the Bonds in accordance with the terms of the Bond Purchase Contract. The Finance Director is authorized to ratify and to approve for purposes of the Rule, on behalf of the City, the preliminary Official Statement and Official Statement (as defined in the Bond Purchase Contract) relating to the issuance and sale of the Bonds and the distribution of the preliminary Official Statement and Official Statement pursuant thereto with such changes, if any, as may be deemed by him to be appropriate. The preliminary Official Statement for the Bonds is hereby deemed final for the purposes of the Rule. SECTION 13. - Bond Insurance. The Finance Director is hereby further authorized and directed to solicit proposals from municipal bond insurance companies for the issuance of a Bond Insurance Policy. In the event that the Finance Director receives multiple proposals, the Finance Director may select the proposal having the lowest cost and resulting in an overall lower interest cost with respect to the Bonds. The Finance Director may execute a commitment received from the Insurer selected by the Finance Director. The Council further authorizes and directs all proper officers, agents, attorneys and employees of the City to cooperate with the Insurer in preparing such additional agreements, certificates, and other documentation on behalf of the City as shall be necessary or advisable in providing for the Bond Insurance Policy. SECTION 14. - Continuing Disclosure Undertaking. This section constitutes the City's written undertaking for the benefit of the owners, including Beneficial Owners, of the Bonds as required by Section (b)(5) of the Rule. The City agrees to provide or cause to be provided to each NRMSIR and to the SID, if any, in each case as designated by the SEC in accordance with the Rule, the following annual financial information and operating data for the prior fiscal year (commencing in 2009 for the fiscal year ended December 31, 2008): (i) annual financial statements, which 22 LTGO Bonds, 2008 statements may or may not be audited, showing ending fund balances for the City's general fund prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) and generally of the type included in the official statement for the Bonds; (ii) the assessed valuation of taxable property in the City; (iii) ad valorem taxes due and percentage of taxes collected; (iv) property tax levy rate per $1,000 of assessed valuation; and (v) outstanding general obligation debt of the City. Items (ii) through (v) shall be required only to the extent that such information is not included in the annual financial statements. The information and data described above shall be provided on or before nine months after the end of the City's fiscal year. The City's current fiscal year ends December 31. The City may adjust such fiscal year by providing written notice of the change of fiscal year to each then existing NRMSIR and the SID, if any. In lieu of providing such annual financial information and operating data, the City may cross reference to other documents provided to the NRMSIR, the SID or to the SEC and, if such document is a final official statement within the meaning of the Rule, available from the MSRB. iIf not provided as part of the annual financial information discussed above, the City shall provide the City's audited annual financial statement prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State Auditor pursuant to jRCW 43.09.200 (or any successor statute) when and if available to each then existing NRMSIR and the SID, if any. The City agrees to provide or cause to be provided, in a timely manner, to the SID, if any, and to each NRMSIR notice of the occurrence of any of the following events with respect to the Bonds, if material: (i) principal and interest payment delinquencies; (ii) non payment related defaults; (iii) unscheduled draws on debt service reserves reflecting financial difficulties; (iv) unscheduled draws on credit enhancements 23 LTGO Bonds, 2008 reflecting financial difficulties; (v) substitution of credit or liquidity providers, or their failure to perform; (vi) adverse tax opinions or events affecting the tax-exempt status of the Bonds; (vii) modifications to the rights of Bond owners; (viii) Bond calls (optional, contingent or unscheduled Bond calls other than scheduled sinking fund redemptions for which notice is given pursuant to Exchange Act Release 34 238560); , (ix) defeasances; (x) release, substitution or sale of property, securing repayment of the Bonds; and (xi) rating changes. Solely for purposes of disclosure, and not intending to modify this undertaking, the City advises that no debt service reserves or property secure payment of the Bonds. The City agrees to provide or cause to be provided, in a timely manner, to each NRMSIR and to the SID, if any, notice of its failure to provide the annual financial information described above on or prior to the date set forth above. The City's obligations to provide annual financial information and notices of material events shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. Any provision of this section shall be null and void if the City (i) obtains an opinion of nationally recognized bond counsel to the effect that the portion of the Rule that requires that provision is invalid, has been repealed retroactively or otherwise does not apply to the Bonds and (ii) notifies each NRMSIR and the SID, if any, of such opinion and the cancellation of this section. , The City may amend this section with an opinion of nationally recognized bond counsel in accordance with the Rule. In the event of any amendment of this section, the City shall describe such amendment in the next annual report, and shall include, a narrative explanation of the reason for the amendment and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the City. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as 24 LTGO Bonds, 2008 for a material event, and (ii) the annual report for the year in which the change is made shall present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The right of any bondowner or Beneficial Owner of Bonds to enforce the provisions of this section shall be limited to a right to obtain specific enforcement of the City's obligations under this section, and any failure by the City to comply with the provisions of this undertaking shall not be an event of default with respect to the Bonds. The City may elect to submit the information required by this Section 14 to be filed with the NRMSIRs and the SID, if any, directly to DisclosureUSA.org or any other entity approved for electronic submittal by the Commission, unless or until the Commission withdraws its approval of the submission process. SECTION 15. - Lost, Stolen or Destroyed Bonds. In case any Bond or Bonds shall be lost, stolen or destroyed, the Bond Registrar may execute and deliver a new Bond or Bonds of like date, number and tenor to the Registered Owner thereof upon the Registered Owner's paying the expenses and charges of the City and the Bond Registrar in connection therewith and upon his/her filing with the City evidence satisfactory to the City that such Bond was actually lost, stolen or destroyed and of his/her ownership thereof, and upon furnishing the City and/or the Bond Registrar with indemnity satisfactory to the City and the Bond Registrar. SECTION 16. - Severability. If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. 25 LTGO Bonds, 2008 SECTION 17. - Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: K&L PRESTON GATES ELLIS LLP Special Counsel and Bond Counsel PASSED: day of August, 2008. APPROVED: day of August, 2008. PUBLISHED: day of August, 2008. 1 1 1 1 26 LTGO Bonds, 2008 CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on August 19, 2008, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect five days after publication in the City's official newspaper; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this day of August, 2008. 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The low bid was submitted by End General Construction in the amount of $1,195,432.55. The Engineer's estimate was $1,205,975.00. Subject to Council authorization of the Limited Tax General Obligation Bonds. 3. EXHIBITS: Public Works Memorandum dated 9/4/08 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 subject to Council authorization of the limited tax general obligation bonds to award the contract for the 2008 Downtown Sidewalk Improvements project to End General Construction in the amount of $1,195,432.55. DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Larry R. Blanchard Public Works Director 400 West Gowe Kent, WA 98032 Fax: 253-856-6500 PHONE: 253-856-5500 Memorandum DATE: August 12, 2008 TO: Mayor Cooke and Kent City Council THROUGH: Larry Blanchard, Public Works Director FROM: Garrett Inouye, Project Engineer RE: BID 2008 Downtown Sidewalk Improvements The Bid opening for this project was held on August 12 2008 with nine (9) bids received. The low bid was submitted by End General Construction, in the amount of $1,195,432.55. The Engineer's estimate was $1,205,975.00. The Public Works Director recommends awarding this contract to End General Construction in the amount of $1,195,432.55. Bid Summary End General Construction $1,195,432.55 Construct Company $1,205,013.43 RW Scott $1,241,310.00 Rodarte Construction $1,253,285.00 Pivetta Brothers $1,387,362.00 Oceanside Construction $1,399,212.00 Westwater Construction $1,411,590.00 Dennis R. Craig, Construction Inc. $1,417,143.55 Gary Merlino $1,428,855.00 Engineer's Estimate $1,205,975.00 U\PWC\Council Pkts 2008\2008\08 19 08 2008 Downtown Sidewalk Improvements Acoept.doc City of Kent Public Works Department REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES KEN T W A S H I N O T O N OPERATIONS COMMITTEE MINUTES JULY IS, 2008 Committee Members Present: Debbie Raplee, Les Thomas and Ron Harmon. The meeting was called to order by Debbie Raplee at 4:00 p.m. 1. APPROVAL OF MINUTES DATED JULY 1, 2008 Thomas moved to approve the minutes of the July 1, 2008, Operation Committee meeting. Harmon seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED JUNE 30, 2008 Finance Director Bob Nachlinger presented the vouchers for June 30, 2008, for approval. Harmon moved to approve the vouchers dated June 30, 2008. Thomas seconded the motion, which passed 3-0. 4. AUKEEN COURT REDEVELOPMENT Chief Administrative Office John Hodgson presented information regarding the Aukeen Court Redevelopment. Hodgson provided an update with historical information regarding the City of Kent Municipal Court which began its operation in 1994 and conducted court in the City Council Chambers. Since 1998, Kent has leased a portion of the King County owned Aukeen Court for its municipal court space. That lease expired on June 30, 2008. Kent has made numerous attempts to acquire Aukeen Court from King County, however to date those attempts have been unsuccessful. Kent and King County staff have begun negotiations on a new tentative twenty year lease that includes Kent adding three court rooms and office space to the existing Aukeen Court facility. Hodgson advised that as part of the lease agreement Kent will have use of half of the court rooms and other court space. The City has a 2003 Right of First Offer to Purchase Property for the site which will be amended to credit the City a portion of the cost to construct the expanded facility, if and when King County decides to vacate the premises. Kent and King County have been meeting on all levels to finalize the lease and agreements for City Council and County Council approvals. If approved, drafting final design documents will begin in the Fall and construction is estimated to begin in the summer of 2009, with completion and occupancy in March of 2010, which Hodgson advised could coincide with annexation if that happened. There is discussion that the construction work could be done on a swing shift to assist with the court schedule and Operations Committee Minutes July 15 2008 Page: 2 any noise ordinances that may be affected. If agreements cannot be reached the Kent Municipal Court would have to vacate in two years. Funding for this project will be presented to the Operations Committee and City Council in August as part of a Limited Tax General Obligation Bond issue for various city projects and it is estimated to cost $7,500,000. Questions were raised by the Committee which Hodgson responded to. This item was presented for informational purposes only. No action was taken. The meeting adjourned at 4:17 p.m. Renee Cameron Operations Committee Secretary 1 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 9, 2008 Committee Members Debbie Raplee, Ron Harmon, Tim Clark. Clark called the meeting to order in Chair Albertson's absence. Auuroval of Minutes Harmon MOVED and Raplee SECONDED to approve the minutes of April 14 2008. Motion PASSED 3-0. CPA-2008-1Transportation Master Plan (TMP)/Transportation Element (TE) Planning Manager Charlene Anderson stated that the Transportation Master Plan (TMP) is proposed for adoption into Kent's Comprehensive Plan (CP) as an appendix and summarized as an amendment to the existing Transportation Element (TE) of that plan. Senior Transportation Planner Cathy Mooney stated that two ordinances are under consideration; an amendment to the City's Comprehensive Plan incorporating the new TE, including the Transportation Master Plan as an appendix. The other ordinance adopts the TMP. Mooney expounded upon the TMP and TE. Mooney stated that staff formulated the TMP by looking at future trends, and employed extensive public outreach through meetings with public interest groups, mailings, newsletters, surveys, Kent TV, and maintaining a website. Mooney stated that the street system serves as the backbone for all of the transportation activities in the city; cars, trucks, walking, biking and transit. She gave a Power Point presentation speaking about current traffic volumes on Kent's extensive arterial network and the effects that existing conditions and anticipated growth in the city and the region will have on Kent's transportation facilities. Mooney described the Level of Service (LOS) as a grading system using 'A-F' with `A-C' considered as good or passing and 'F' being overly congested. She stated that some of the recommendations made by staff to improve the city's corridors included street widening, new streets, intersection projects, railroad grade separations, and some traffic management. Mooney spoke about the Preferred Street Network Table and Figure 5.9. Transportation Engineering Manager Steve Mullen responded to concerns raised by Harmon by stating that Kent accepts a heightened level of congestion for downtown as the city is focusing emphasis on pedestrians, not on moving vehicles through the downtown. Mooney stated that the TMP identifies truck routes throughout Kent. She stated that staff prioritized street projects by identifying which projects had the biggest PEDC Minutes June 9, 2008 Page 1 of 10 2 i return for the money, which were able to attract grant dollars from outside funding sources, which could improve safety, which were environmentally sound, and which projects protected neighborhoods; citing Table 5.13. Mooney stated that street improvement costs in 2006 were estimated at approximately $500 million dollars; with fifty percent of the funds used for street widening, one-third in railroad grade separations, and the remainder in new streets and intersection improvements. Mullen addressed Harmon's concerns that specific intersections along Pacific Highway have failed. Mullen addressed Clark's concerns with respect to adopting the TMP without funding in place. Mullen stated that there are about five or six funding mechanisms available to staff, including a 'transportation impact fee' and other funding methods that will help balance that budget. Mooney spoke about the non-motorized transportation system for pedestrian and bicycle users, citing Figure 6.7. She stated that the biggest need is for new sidewalks. Mooney stated that the Bicycle System Plan looks at three basic types of bicycle facilities; Shared-Use Paths [primarily major trails like the Interurban Trail, the Green River Trail, and the Soos Creek Trail.] Bicycle Lanes [more traditional bike facilities marked on the road]; Shared Lanes [marked bicycle facilities that share the same lane with trafficand in most cases are wider to accommodate the bicycles]. Mooney stated that a consultant group developed a network of recommended bicycle facilities that would link most of the neighborhood and business areas within the city. She stated that this is the first time the city has created a complete bicycle facilities plan that covers the entire city. Mooney stated that the cost for the new signing and the paint for the shared-lane portion of the program would cost slightly more than $2 million or about $111,000 annually. In addition to these costs, $36 million of new bike lanes would be included in and charged to new street projects. Regarding the transit system, Mooney stated that many of the transit routes run only 3 to 4 buses during peak hours in the morning and afternoon, serving commuters heading to and from work. She stated that focusing Kent's development in current transit corridors will help serve the city by reducing auto travel and allowing limited resources to be focused on improving existing service or adding additional service to connect Kent to other urban centers besides Seattle. Mooney stated that funding the TMP projects totals approximately $600 million. She stated the Growth Management Act (GMA) requires the TMP to be fiscally sound. Therefore, Chapter 9 of the TMP outlines a financial plan for the city. Mooney PEDC-Minutes June 9,2008 Page 2 of 10 3 stated that if Council does not adopt the recommended new funding sources at levels that will fund the TMP, staff will have to adjust the LOS Standard, level of development, or find other revenue sources. Mooney stated that the TMP looks at Council adoption of a traffic impact fee, review and adoption of a new concurrency ordinance, and authorization and appointment of a Traffic Advisory Committee comprised of community citizens. Mooney stated that staff recommends that an annual traffic data report be prepared as a monitoring and evaluation tool, using that information to update the travel forecast model every two to three years. Mooney stated that staff continues to work on street design standards, operations and maintenance costs, and how to preserve the city's investment in its transportation facilities. Mooney stated that staff is in the process of updating Kent's neighborhood traffic calming program, and upgrading traffic signal system design. Mooney stated that staff is proposing that the Committee approve the amendment to the Comprehensive Plan Transportation Element and the TMP, forwarding both to the Full Council with a recommendation to adopt. Anderson responded to Clark's concerns; stating that to develop the TMP staff looked at Kent's existing Comprehensive Plan Land Use Plan Map to determine transportation needs . Anderson stated that if the city cannot fund all of the necessary improvements which support the existing Comprehensive Plan Land Use Plan Map, staff would have to revise the land use plan map, find other revenue sources, or lower the LOS. 1 Anderson stated that this plan strengthens the goals and policies related to utilizing alternative modes of transportation. Public Works Director Larry Blanchard stated that the TMP is based on staff's best assumptions of what traffic will do over the course of the next 30 years, factoring in fuel prices etc. which will have a big impact. He stated that the TMP is evaluated every three to five years to allow staff to make modifications along the way as things change within the community. Mooney stated that Blanchard has been instrumental in substantially increasing the City's commitment to investment in transit, stating that Blanchard was responsible for having procured 2.6 million dollars for the TIP for transit improvements, and has increased the City's commitment to the circulating shuttles from $80,000 up to $800,000. j Raplee MOVED to approve the recommendations of the Land Use and Planning Board to amend the Transportation Element of the Kent Comprehensive Plan, incorporate the 2008 Transportation Master Plan by reference into the Kent 1 PEDC-Minutes June 9,2008 Page 3 of 10 4 Comprehensive Plan and adopt the same by Ordinance. Clark SECONDED the Motion. Motion PASSED 3-0 with Harmon's concurrence. Raplee MOVED to approve the recommendations of the Land Use and Planning Board to adopt a 2008 City of Kent Transportation Master Plan and adopt the same by ordinance. Clark SECONDED the Motion. Motion PASSED 3-0 with Harmon's concurrence. Countywide Planning Policies Amendment — Buildable Lands Report Anderson stated that periodically staff comes before the Committee with a request to ratify motions passed by the Growth Management Planning Council (GMPC) related to Countywide Planning Policies (CPPs), which provide the framework for Kent's comprehensive planning. Anderson spoke about a CPP motion recognizing the 2007 King County Buildable Lands Report (BLR) as final and complete per State requirements, and recognizing their findings as the basis for future measures the City might have to take to comply with the GMA requirements. Anderson stated that the BLR is a State mandated report which measures how the city is accommodating growth now and in the future. Anderson introduced Michael Hubner with Suburban Cities Association. Hubner stated that assessing buildable lands is mandated under the GMA Section 215, requiring review and an evaluation program. King County and its Cities are responsible for the BLR, which necessitates annual data collection of residential uses and commercial uses, with an evaluation report required every five years. Hubner stated that the report addresses the questions: "Has urban development occurred consistent with planning assumptions and targets, are urban densities being shaped within urban growth areas, and is the supply of land within our urban areas sufficient to accommodate both population and job growth?" Hubner stated that if these criteria are not met, reasonable measures would be implemented through comprehensive plan amendments, zoning changes, capital facilities investments to ensure sufficient housing and job capacities. The BLR is a tool used by each city in the county to ensure that they are doing what is necessary to accommodate growth. Hubner stated that Suburban Cities Association (SCA) researches and monitors development permitting for subdivision plats, short and long plats, and building permits issued by Kent and other cities in King County to provide data for the five- year reports. The data are used to primarily identify what densities are achieved, how much growth is occurring and where it's occurring, and the type of development it represents. Hubner stated that a Geographic Information Systems (GIS) analysis of land supply is completed on a five year basis. He stated that parcel data identifying vacant PEDC-Minutes June 9, 2008 Page 4 of 10 5 parcels, redevelopable parcels, and buffered critical areas are evaluated to determine what is buildable, and what can accommodate growth countywide. Hubner stated that SCA found that King County grew by 50,000 units from 2001- 2005 [accommodating 31% of household targets within 23% of the 20-year planning period.]. He stated that the targets are codified in the CPPs. Hubner stated that half of the new units are single family and half are multifamily. He stated that the potential exists for nearly 300,000 additional dwelling units in the urban areas of King Counties, more than twice what is needed to accommodate the target that actually extends out for 22 years. Hubner stated that there is sufficient employment capacity within the urban area. However, King County experienced significant job loss due to a downturn in the economy within the most recent five year review period. He stated that the County has yet to recover, with a 25,000 job deficit. Hubner referred to a statistical summary in the Buildable Lands Report for Kent. He stated that in comparing residential development activity for the five year period of '1996-2000' to the '2001-2005' period , Kent saw its single family plat densities increase significantly from 5.2 dwelling units per acre to 6.4 dwelling units per acre overall. He stated that this was a clear indication that Kent used its supply of single family land more efficiently. Hubner stated that multifamily development densities declined, as town-homes [tracked as multifamily], were predominately permitted. Therefore, the overall number of attached dwelling units versus single family detached units declined markedly during this period countywide, driven largely by market forces and not as much by local policy. Hubner stated that Kent grew by over 1700 new dwelling units during 2001-2005, representing approximately 40% of Kent's growth target [nearly 4300 households] within a quarter of the 22 year planning period. Hubner stated that approximately three-quarters of Kent's remaining land supply are re-developable. Hubner stated that 75 % of Kent's land is in single family zones; if converted into potential dwelling units, as of January 2006 Kent had the capacity for an additional 2600 additional dwelling units. Hubner stated that despite the recession of the last several years, a large amount of permitting for new commercial and industrial space occurred. Permitting for warehousing and light industrial diminished considerably as compared to what Kent saw in the late 1990s. 1� Hubner stated that Kent gained in employment bucking a trend among many of Kent's peer cities which saw significant job losses during the early part of this decade. Hubner stated that Kent is making progress toward the job targets in the Countywide Planning Policies (CPP) and that Kent has the capacity for over 12,000 1 PEDC-Minutes June 9,2008 Page 5 of 10 6 jobs, with a job target of 9000 additional jobs over the 20 year planning period. Hubner stated that Kent is looking good in terms of its rate of growth and has been accommodating growth at a pace to reach its targets within the 20 years. Hubner stated that GMA requires that Kent's Comprehensive Plan be updated by 2011. The Office of Financial Management (OFM) has issued new population projections for King County. He stated that we just published Vision 2040, the Regional Council's Growth Management Plan for land use, which contains implications for the role the City of Kent (which is an urban center) will play in accommodating growth to 2040. Hubner stated that leading up to Kent's next Comprehensive Plan update, we will look at new growth targets, expressing that they are looking at approximately 450,000 new people arriving in King County between 2006 and 2031 [a 25 year period]; and bringing nearly the same number of additional jobs [from 425,000 to j 450,000] to the area. Hubner stated that these statistics indicate considerably faster growth than what we assumed for the current planning period from the perspective of the CPP's. Overall, we will be looking at higher growth targets for the cities we are looking at, than when those cities last updated their comprehensive plans. Hubner stated that the discussion that will be happening amongst cities in the Buildable Lands Report will be launched at the point where there are some hard comparable data which indicate opportunities where growth can occur, and the challenges the cities will encounter in projecting the growth that can be accommodated. Hubner encouraged the Council Committee to use the Buildable Lands Report as a tool for taking the next step. Raplee MOVED to recommend to the Full Council ratification of amendments to the Countywide Planning Policies approved under the GMPC Motion No. 07-3 recognizing the 2007 King County Buildable Lands Report as final and complete in responding to the Countywide and City evaluation requirements of RCW 36.70A.215 and recognizing its findings as the basis for any future measures that the City of Kent may need to adopt in order to comply with this section. Clark SECONDED the MOTION. Motion PASSED 3-0 with Harmon's concurrence. King County Benchmarks 2008 - Land Use Anderson introduced Benchmarks Program Manager, Lisa Voight from King County. She stated that Voight would focus on land use benchmarks even though there are a number of benchmarks which measure how well King County is doing to accommodate the vision in the Countywide Planning Policies. Voight presented the recently issued Benchmarks Report, focusing on land use benchmarks. She stated that the Washington State Legislation passed the Growth Management Act (GMA) in 1993. The GMA requires counties and cities to develop framework policies to guide development for their comprehensive plans. The PEDC-Minutes June 9,2008 Page 6 of 10 1 multifamily planning policies provide a framework for Snohomish, King, Pierce, and Kitsap Counties to prepare for anticipated growth in this four county region. Voight stated that the Puget Sound Regional Council General Assembly adopted Vision 2040 in April. Vision 2040 will provide the basis for multi-county planning policies replacing policies from 1995. King County's CPP's follow this contextual framework and guide cities in the preparation of their comprehensive plans. Voight stated that the Growth Management Planning Council was created to adopt the CPPs in 1994. The Council is chaired by King County (KC) Executive Ron Sims and consists of elected officials from throughout KC, including city elected officials in Seattle, Bellevue, and other cities as well as special purpose districts such as the Port of Seattle. Voight stated that there have been amendments to the CPP's since 1995 and there will be future changes to the CPP's to fall in line with the Multicounty Planning Policies resulting from the new regional strategy in Vision 2040. Voight stated that CPPs require two monitoring efforts; the first is the Buildable Lands Report and the second is the King County Benchmarks Program which she manages. Voight stated that she functions under the authority of the Growth Management Planning Office. Voight stated that the Benchmarks Program is an annual reporting effort looking at five policy areas related to development; land use, economic development, transportation, affordable housing and the environment. She stated there are 34 outcomes within those five areas and 45 indicators that are tracked annually. Voight stated that Benchmarks are used to monitor progress toward desired outcomes in King County using three points of reference: • Benchmarking progress or change by comparing similar jurisdictions in metropolitan areas, such as how commute times have changed in King County. • Using established outcomes; Voight cited the annual monitoring of CPP's regarding the requirement that up to 25% of housing growth be accommodated by urban centers in KC; and that 50% of employment growth be accommodated by both urban and manufacturing industrial centers. iEvaluating Industry Standards; Voight explained that air quality is analyzed by monitoring changes in particulate matter and radon levels. Voight stated that the 2008 Land Use Bulletin was published in March, and it consists of 11 land use indicators, with data reported for all except 'fixed year concurrency data'. I PEDC-Minutes June 9, 2008 Page 7 of 10 8 1 Voight stated that they found that King County accommodated approximately half of the region's jobs and housing growth, and continues to accommodate the majority of regional housing and employment. Voight stated that by 2006, seventeen urban centers within King County accommodated a greater share of the county's total housing and employment than in 1995. These centers have accommodated about 16% of the County's housing growth since 2001 with the bulk of that growth located in Bellevue, First Hill, Capitol Hill, and downtown Seattle. Voight stated that the County reported that between 2001 and 2005, residential plat development increased at a higher density, contributing to an increase in land capacity in urban areas. Voight stated that these development patterns have contributed to the (maintenance enforcement???) in King County; an increase in urban open space and park land, and relatively little change to farm land acreage. Voight stated that from 1995 through 2001, 93% of the residential development in King County occurred in urban areas, and from 2001 through 2006, 96% of the housing growth occurred in urban areas. Voight stated that the County gained close to 60,000 housing units with fairly even distribution between Sea Shore, South King County, and the Eastside. She stated that Seattle accounted for about 30% of the County's total residential growth within urban areas, with Sea Shore's residential growth dominated by a multi-family development in Seattle. Voight stated that as of 2004, urban centers accommodated about 9.3% of the County's housing stock, an increase from 8.7% in 2001. Voight stated that when the CPPs were originally adopted, the County recognized 12 urban centers, and an additional five new centers have been designated since that time. Voight stated that between 1995 and 2006 the planning growth in urban centers increased by 38% and approximately 112,000 jobs, higher than the countywide growth of 20%. The urban centers accommodated about 60% of the County's total job growth; this includes the new center designations of Auburn, Burien, Totem Lake, Redmond, Overlake, and South Lake Union. The 12 original urban centers accommodated about 18% of the County's planning growth from 1995 to 2006. Voight stated that it appears that the urban center policies are working by accommodating an increasing share of employment within the urban centers, keeping in mind that some of that growth is due to new center designations. Voight stated that it is difficult to measure the effects of the recession on the economy after 2000. From 2001 to 2006 urban centers lost 36,000 jobs, while the PEDC-Minutes June 9,2008 Page 8 of 10 9 county as a whole lost 30,000 jobs. As of 2006, the county had not returned to its employment levels of 2001; and only Bellevue, Kent, first Hill, Capitol Hill and the University District had regained lost jobs. Voight stated that urban centers are intended to provide predominately high density employment, which explains the high rates of employment and services in all the urban centers and specifically in Kent. She stated that from 1995 to 2006 employment in Kent's urban center increased by 40%. Voight stated that government employment in the urban centers increased by over 900 jobs after 2000; while the retail sector lost only 40 jobs in those 6 years. Voight stated that the share of county employment within the Manufacturing Industrial Centers (MIC) remained relatively unchanged from 1995 to 2005 but dropped in 2006, due mainly to the redesignation of Redmond/Overlake from a Manufacturing Industrial Center to an Urban Center in 2006. Voight stated that Tukwila is the only MIC with fewer jobs in 2006 than in 1995. She stated that Kent has seen the greatest rate of job growth; gaining 22% or about 3000 jobs and Duwamish (the largest MIC) added 6000 jobs. Voight stated that the most obvious change is a noticeable decrease in service center jobs for all of the MICs between 2003 and 2006. This is almost entirely due to the redesignation of the Redmond/Overtake center in 2006. There were service sector gains in both Kent's and Duwamish's MIC. Voight stated that Kent's MIC tends to be dominated by manufacturing and wholesale trade, transportation and utilities. These sectors together added about 1800 jobs between 2003 and 2006. The largest increase in a single sector was the Services Sector which added about 1200 jobs. The only sector to have sustained job losses in those years was construction, with fewer than 50 jobs. Voight stated that staff looked at the ratio of jobs to housing units in King County and the surrounding counties. She stated that after 1995 KC accommodated more than half of the region's jobs and housing units, even though they were more acutely affected by the recession and had a harder time coming out of it. Voight stated that Pierce and Snohomish Counties have outpaced the growth in King County and are accommodating a greater share of the region's jobs and housing. Voight stated that the City of Kent jobs to housing ratio in 2000 and 2005 generally mirror those in King County. By 2005 Kent was even with projected employment levels, while the south central area and King County had not yet recovered from those losses. Housing gains in all three areas were strong between 2000 and 2005, representative of lower jobs to housing ratios. PEDC-Minutes June 9,2008 Page 9 of 10 10 Voight stated that one purpose of the CPPs is the protection of our natural environment through good development practices. She stated that three indicators look at changes in urban, open space, and resource lands in KC. Voight stated that urban, parks, and open space have increased about 17% since 1998 in King County, although that expansion has slowed in the last five years. Voight stated that King County has about 25,000 acres of urban parks and open space. The Eastside contains the greatest share of urban parks and open space with over 9000 acres. South King County had another 7200 acres and Sea Shore has 6700 acres of urban open space. Voight stated that King County protects farm land. She stated that approximately 48,000 acres of land are actively farmed in the County. According to the US Department of Agriculture about 1500 farms are worked in King County, with a loss of about 300 farms since 1997. Voight stated that the average King County farm is 27 acres in size, smaller than the state average, which is about 430 acres. She stated that the proportion of forested county land remains relatively steady at about 64%. Government ownership has increased in federal land trades and local government acquisitions. Voight stated that the King County Department of Natural Resources (DNR) and Parks has been monitoring the transfer of commercial timberlands for residential development. She stated that the DNR estimates that 1800 such acres were sold for residential development between 2005 and 2007. Voight stated that staff expects to complete a Development Bulletin within the next few weeks, a Transportation Bulletin this summer, a Housing Bulletin in the fall, and an Environmental Bulletin to follow. She stated that their website is being redesigned. Clark moved discussion of the 2008 Planning Work Program to the next PEDC meeting. Adjournment Member Clark adjourned the meeting at 6:25 p.m. Pamela Mottram Planning Services/PEDC Secretary S:\Perm it\Pla n\PEDC\2008\M i nutes\06-09-08_PEDCm in.doc PEDC-Minutes June 9,2008 Page 10 of 10 • KENO W 49NINOTON CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES SPECIAL MEETING July 8, 2008 COMMITTEE MEMBERS: Debbie Raplee, Les Thomas and Ron Harmon Chair The meeting was called to order by Chair Ron Harmon at 4:30 PM. • Chair called for additions or changes to the agenda, there were none. 1. Approval of Minutes L. Thomas moved to approve the minutes of the June 10, 2008 meeting. The motion was seconded by D. Raplee and passed 3-0. j2. King County Interagency Agreement - AUTHORIZE Charlie Lindsey, Facilities Superintendent, stated the equipment and improvements would be used with auxiliary power at the Kent Senior Center in the event of a major disaster as this could be a potential site for preparing food. D. Raplee moved to recommend Council authorize the Mayor to sign the Interagency Agreement with King County for a generator transfer switch at the Kent Senior Activity Center. The motion was seconded by L. Thomas and passed 3-0. 3. Washington State Military Department, Emergency Manaaement Performance Grant - AUTHORIZE Fire Chief Jim Schneider explained the grant funds are passed through to local jurisdictions each year for emergency management programs. L. Thomas moved to recommend that Council accept the EMPG matching funds reimbursable grant monies in the amount of $80,507 and authorize the Mayor to sign the contract. The motion was seconded by D. Raplee and passed 3-0. 4. Public Safety Testing renewal agreement - AUTHORIZE Police Chief Steve Strachan stated the Police Department is happy with PST and would like to continue using them for the entry level police officer testing process. D. Raplee moved to recommend authorizing the Mayor to sign the Public Safety Testing Subscriber Agreement. The motion was seconded by L. Thomas and passed 3-0. S. Washington Traffic Safety Commission. "Drive Hammered-Get Nailed" grant application - APPROVE Chief Strachan stated funds will provide supplemental overtime funding for DUI enforcement. L. Thomas moved to approve the Kent Police Department's request to apply for the Washington Traffic Safety Commission grant in an amount not to exceed $3,000. The motion was seconded by D. Raplee and passed 3-0. 6. Jail Industries Board arant — ACCEPT and AMEND Budget Chief Strachan stated that grant funds in the amount of $13,482 will be used for offender employment-related training at the City of Kent Corrections Facility. A Flagger Certification Project will be developed. D. Raplee moved to recommend that Council authorize the Kent Police Department to accept the Jail Industries Board grant and amend the budget. The motion was seconded by L. Thomas and passed 3-0. 7. Automated License Plate Reader update — INFO ONLY Chief Strachan stated that the ALPR now provides hits on stolen plates, warrants and Canadian stolens in addition to just stolens. S. Washington Auto Theft Prevention Authority grant — INFO ONLY Chief Strachan stated that WATPA will soon announce the award of a $1,030,000 grant to the PATROL Task Force, a regional task force of South King County law enforcement agencies, King County Prosecutor's Office and two North Pierce County police agencies. The regional task force will focus on chronic vehicle thieves. In addition to personnel, a van and technician for on-site fingerprinting and an Automated License Plate Reader (ALPR) will be purchased. D. Raplee asked Chief Strachan if the police department planned to add more ALPR's. When he stated there were no plans to add more at this time, committee members asked him to budget for two more in order to cover different areas of the city. 9. National Night Out, August 51h — INFO ONLY Chief Strachan introduced Public Education Specialist Sara Wood who invited committee members and citizens to participate in this year's event, the 25th anniversary for NNO. Target is the national sponsor for a second year. Kent was awarded 5th place nationally in 2007 for cities our size. Sara stated NNO is an opportunity for neighbors to meet their neighbors and partner with police in the fight against crime. Events range from barbeques to water fights to ice cream socials and generally run from 5:30 to 8:30 PM. Registration is available at the City of Kent website: www.ci.kent.wa.us/police Discussion only: L. Thomas asked Chief Strachan to report at the August meeting the number of citations which were issued over the Fourth of July holiday. The meeting adjourned at 5:03 PM. Jo Thompson, Public Safety Committee Secretary Public Safety Committee Minutes 2 July 8, 2008 1 PUBLIC WORKS COMMITTEE MINUTES FOR MONDAY, DULY 21, 2008 Committee Members Present: Chair Deborah Ranniger and Committee Members Harmon and Raplee were present. The meeting was called to order at 5:02 p.m. ITEM 1 - Approval of the Minutes Dated July 07, 2008: Committee Member Harmon moved to approve the minutes of July 07, 2008. The motion was seconded by Raplee and passed 3-0. ITEM 2 -South 277th Street Green River Detention Pond Project - Accept as Complete: Public Works Director, Larry Blanchard, explained that the 277th Street Green River Detention Pond Project went out to bid in the summer of 2007 with work beginning in the Fall of 2007. This is a wetland mitigation project to complete the requirements of the South 277th Roadway and Bridge Improvements Project. The project ran over 10% of its project budget due to unforeseen underground water and erosion caused by rain. Because of the overrun we are required to have approval by the City Council, before the Mayor can accept the project as complete. The original contract amount was $187,647.00. The final amount is $217,809.23. Blanchard went on to explain in more detail about the overage. Raplee moved to recommend Council authorize the Mayor to accept as complete, the South 277th Street Green River Detention Pond Project in the amount of $217,809.23, 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 - Easement upon City Right-of-Way to Stevenson LLC - 228th Street BNSF Grade Separation Project: Design Engineer Supervisor Mark Madfai presented information regarding an easement on City right-of-way that is necessary in order to provide the property owner with legal access to maneuver trucks and allow for parking in the area behind the wall at Stevenson LLC, which is occupied by Rexam. The easement is necessary because of the South 228th Street BNSF Overpass Project. Harmon moved to recommend authorization for 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 there in by the City Attorney and Public Works Director. The motion was seconded by Raplee and passed 3-0. ITEM 4 - L.I.D. 359 - 1161h Ave SE Street & Utility Improvements (Kent Kangley Rd to SE 256th St): Design Engineering Supervisor, Mark Madfai summarized that the construction is near completion and we are ready to finalize LID 359. He asked committee members to move to recommend a public hearing be set for September 2, 2008 on the confirmation of the Final Assessment Roll for LID 359. Ranniger voiced concern about the timing of the public hearing. It was decided that the public hearing date would be set for September 16, 2008. Notification of the public hearing will be in Page 1 of 2 2 PUBLIC WORKS COMMITTEE MINUTES FOR MONDAY, JULY 21, 2008 the papers and those affected by the LID will receive letters. Councilmembers will receive a copy of the notice letters. Raplee moved 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.ID. 359. 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 to date on the Water System Plan. He will be back at a later date with more information. This item was presented for informational purposes only. No action was taken. ITEM 5 - Information Only/Drainage Master Plan: Environmental Engineer III, Beth Tan gave a very brief PowerPoint presentation on where we are to date on the Drainage Master Plan. Tan will be back with more information at a later date. This item was presented for informational purposes only. No action was taken. Adjourned: The meeting was adjourned at 5:36 p.m. Cheryl Vise h t , Public Works Committee Secretary Page 2 of 2 CONTINUED COMMUNICATIONS A. i i i i t i t 1 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION