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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/03/2012 CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. April 3, 2012 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers Elizabeth Albertson m Bill Boyce Jamie Perry x Dana Ralph u Deborah Ranniger we Les Thomas CIFY CLERK u �' KENT CITY COUNCIL AGENDAS KENT April 3, 2012 W>_HI. �N Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Dennis Higgins, President Elizabeth Albertson Bill Boyce Jamie Perry Dana Ralph Deborah Ranniger Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Intergovernmental Issues Michelle Wilmot 10 minutes 2. Homeless/Resource Center Jeff Watling/Jason Johnson 50 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. Introduction of Appointee 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. Lodging Tax Advisory Committee Appointment - Confirm D. Department of Ecology/Municipal Stormwater Capacity Grant Amendment - Authorize E. Ordinance Amending Combined Sewer and Storm Surface Water Utility - Adopt (Continued) COUNCIL MEETING AGENDA CONTINUED F. Stormwater Utility Property Lease — Authorize G. Braun Plat Bill of Sale — Accept S. OTHER BUSINESS 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Regional Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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L N FLU U +' W W '� UZW >- C , u , - Vl v O a� 6 a K in V m Q V > 4 a QF � m0 Q mU �, l_ ti COUNCIL WORKSHOP 1) Intergovernmental Issues 2) Homeless/Resource Center CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Introduction of Appointee PUBLIC COMMENT Agenda Item: Consent Calendar 7A - 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through G. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of March 20, 2012. 7B. Approval of Bills. Approval of payment of the bills received through February 29 and paid on February 29 after auditing by the Operations Committee on March 20, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount 2/29/12 Wire Transfers 4968-4980 $1,308,995.55 2/29/12 Regular Checks 661094-661404 2,482,983.69 2/29/12 Use Tax Payable 898.64 $3,792,877.88 Approval of checks issued for payroll for March 1 through March 15 and paid on March 20, 2012: Date Check Numbers Amount 3/20/12 Checks 326866-327037 $ 150,398.27 3/20/12 Advices 296099-296737 1,209,201.18 $1,359,599.45 y RCN i Kent City Council Meeting Was„ „ ,., March 20, 2012 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Perry, Ralph, Ranniger, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Council President Higgins removed Other Business Item B, Subdivision Code Amendments, from the agenda and sent it back to the Economic and Community Development Committee. B. From the Public. (CFN-198) There were no changes from the public. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Mayor Cooke noted that the Little League baseball season started Saturday in 2" of snow. B. Community Events. (CFN-198) Council President Higgins announced events coming up at the ShoWare Center. C. Lawrence Lombard Proclamation. (CFN-155) Mayor Cooke introduced the family of Lawrence Lombard, and read a proclamation noting that Mr. Lombard was the founder and President of the African American Cultural & Convention Center of Kent. The proclamation outlined many of Mr. Lombard's accomplishments over the years, and was presented to his daughter, Tamara Lombard, who expressed her appreciation and promised to continue his dream. PUBLIC COMMENT A. Homeless/Resource Center. (CFN-118) Earlier in the meeting, Albertson had noted that she was unable to attend the April 14 meeting on this issue, but that the emails she has received indicate that people are concerned that a facility downtown will attract more homeless people, and that downtown business owners are struggling with the idea of a homeless center downtown. She urged those people to contact her with solutions. Barbara Smith, Executive Director of the Kent Downtown Partnership, 202 W. Gowe Street, pointed out that there are already agencies providing services for homeless people in the downtown area, and said businesses are willing to provide additional services, but feel the location of the Resource Center is inappropriate. Gary Johnson, 110 Central Avenue North, owner of Valley Business Services, spoke in favor of providing more services for the homeless, but not at the Resource Center. He said that because some homeless people act inappropriately and/or instill fear in people, customers will stay away from businesses near the shelter. He suggested selling the Resource Center and using that money to fund a facility outside the shopping core. 1 Kent City Council Minutes March 20, 2012 Ranniger emphasized that the City has not made a decision on this issue, and Parks Director Watling explained the process of gathering information on homelessness and the Resource Center. He also clarified some misinformation, noting that this is not the first shelter in Kent, that KentHOPE has not been selected, and that a decision as to whether the City would fund critical repairs to the facility has not been made. CONSENT CALENDAR Higgins moved to approve Consent Calendar Items A through U. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of March 6, 2012, were approved. B. Approval of Bills. (CFN-104) Approval of payment of the bills received through February 15 and paid on February 15 after auditing by the Operations Committee on March 6, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount 2/15/12 Wire Transfers 4944-4967 $1,707,300.09 2/15/12 Regular Checks 660666-661093 3,262,427.64 Void Checks 660726 (286.89) 2/15/12 Use Tax Payable 1,931.13 $4,971,371.97 Approval of checks issued for payroll for February 16 through February 29 and paid on March 5, 2012: Date Check Numbers Amount 3/5/12 Checks 326693-326865 $ 135,792.89 Voids & Reissues 326692 0.00 3/5/12 Advices 295458-296098 1,207,308.94 $1,343,101.83 C. Stop Loss Insurance Amendment. (CFN-149) The Mayor was authorized to sign the amendment for the LifeWise Assurance Company 2012 contract for the City's stop loss contract. D. Enaineered Control Systems Aareement for Corrections Facility Proiect. (CFN-122) The Mayor was authorized to sign the goods and services agreement with Engineered Control Systems in an amount not to exceed $25,424.27, and the expenditures from the Justice Assistance grant budget was authorized, with terms and conditions acceptable to the Parks Director and City Attorney. E. Cascade Door and Hardware Agreement for Municipal Court Remodel. (CFN-118) The Mayor was authorized to sign a goods and services agreement with Cascade Door and Hardware in an amount not to exceed $25,998.59 to furnish door 2 Kent City Council Minutes March 20, 2012 hardware for the Municipal Court Remodel Project, subject to final terms and con- ditions acceptable to the City Attorney and Parks Director. F. Rushton Brothers, LLC, Agreement for the Municipal Court Remodel. (CFN-118) The Mayor was authorized to sign the goods and services agreement with Rushton Brothers, LLC in an amount not to exceed $28,508.33 for the Municipal Court Remodel Project, subject to final terms and conditions acceptable to the City Attorney and Parks Director. G. Creative Office Aareement for Municipal Court Remodel. (CFN-118) The Mayor was authorized to sign the goods and services agreement with Creative Office Furniture in an amount not to exceed $32,622.78, to provide furniture for the municipal court renovation project, subject to final terms and conditions acceptable to the City Attorney and Parks Director. H. ProtectionTech Agreement for Municipal Court Remodel. (CFN-118) The Mayor was authorized to sign a public works agreement with ProtectionTech in an amount not to exceed $34,908.60, to furnish and install an access control system for the Municipal Court remodel project, subject to final terms and conditions acceptable to the City Attorney and Parks Director. I. Everareen Technoloaies Aareement for Municipal Court Remodel. (CFN-118) The Mayor was authorized to sign a public works agreement with Evergreen Technologies in an amount not to exceed $37,192.21, to furnish and install low voltage/data/CCTV for the Municipal Court renovation project, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. J. Rainier Industries, Ltd., Agreement for Riverbend Golf Complex Tent. (CFN-118) The Mayor was authorized to sign the agreement with Rainier Industries, Ltd., to purchase and install a tent at Riverbend Golf Complex in the amount of $27,938.93, subject to final terms and conditions acceptable to the City Attorney and Parks Director. K. Regional Fire Authority, 72nd Avenue Extension. (CFN-171) The Mayor was authorized to send a letter to the Kent Regional Fire Authority requesting a contribution of $600,000 to the 72nd Avenue South Extension project. L. Transportation Improvement Board, 72nd Avenue Grant. (CFN-171) The Mayor was authorized to sign the Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement for the 72nd Avenue South Extension, amend the budget, and expend the funds in accordance with the grant terms, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. M. Department of Transportation Property, Smith and Lincoln Intersection. (CFN-239) The Mayor was authorized to a sign a quitclaim deed and all other documents necessary to accept property from the Washington State Department of Transportation, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 3 Kent City Council Minutes March 20, 2012 N. Department of Transportation Property. South 224th Street Improve- ments. (CFN-239) The Mayor was authorized to sign quitclaim deeds and other documents necessary to accept property from the Washington State Department of Transportation, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. O. Oracle Software Maintenance Agreement. (CFN-1155) The Mayor was authorized to enter into a contract with ImageSource Inc., for 2012 annual software and maintenance, in an amount not to exceed $53,976.29. P. Department of Natural Resources Grant Agreement for Street Tree Inventory. (CFN-118) The $9,900 reimbursable grant from the Washington Department of Natural Resources Community Forestry Assistance Program was accepted, and amending the street tree budget, and expending the funds in accordance with the grant terms, subject to approval of the grant terms and conditions acceptable to the City Attorney and Parks Director was authorized. Q. King County Conservation Futures Interlocal Cooperation Agreement Amendment for Huse Property Acauisition. (CFN-974) The funds from King County Conservation Futures in the amount of $650,000 was accepted, and the Mayor was authorized to sign all necessary documents, amend the interlocal cooperation agreement, and expend the funds in accordance with the interlocal agreement in the Park Land Acquisition budget, subject to terms and conditions acceptable to the City Attorney and Parks Director. R. Consolidated Annual Performance Evaluation Report. (CFN-118) The 2011 Consolidated Annual Performance and Evaluation Report was approved and the Mayor was authorized to submit the report to U.S. Department of Housing and Urban Development (HUD). S. City Art Plan and Five-Year City Art Plan 2012-1016. (CFN-815) The 2012 City Art Plan and Five-Year Plan was approved. T. Senior Center Memorial Gift. (CFN-118) The Mayor was authorized to accept the memorial gift from the estate of Winona Constance Grant in the amount of $211,765, amend the budget and expend the funds in accordance with the grant terms, subject to final terms and conditions acceptable to the City Attorney and Parks Director. U. Artwork Agreement for Kent Municipal Court. (CFN-118) The Mayor was authorized to sign the agreement with Susan Zoccola for artwork at Kent Municipal Court, not to exceed $27,500, subject to terms and conditions acceptable to the City Attorney and Parks Director. OTHER BUSINESS A. LID 363, S. 224th Street, Final Assessment Roll. (CFN-1308) Public Works Director LaPorte gave a presentation on the use of Local Improvement Districts in the 4 Kent City Council Minutes March 20, 2012 past, and explained the history of LID 363. Design Engineering Manager Mark Howlett provided pictures of the existing conditions and the proposed improvements, and outlined the time frame and project funding. He then responded to questions regarding bridges and sidewalks. Albertson moved to recommend that the Public Works Committee act as the Board of Equalization to conduct a quasi-judicial hearing on May 14, 2012, at 3:00 p.m. in the Kent City Council Chambers to confirm the final assessment roll for Local Improve- ment District No. 363. Higgins seconded and the motion carried. REPORTS A. Council President. (CFN-198) Higgins noted that the effect of the state budget on the city was discussed at tonight's workshop, and pointed out that a sizeable donation to the Senior Center was accepted on the Consent Calendar tonight. B. Mayor. (CFN-198) Mayor Cooke said she recently attended her second meeting of the King County Public Health Board and asked those who have public health issues to contact her. C. Administration. (CFN-198) No report was given. D. Economic & Community Development Committee. (CFN-198) No report was given. E. Operations Committee. (CFN-198) No report was given. F. Parks and Human Services Committee. (CFN-198) Ranniger noted that the memorial gift mentioned by Council President Higgins will be used to purchase exercise equipment and a van for the Senior Center. G. Public Safety Committee. (CFN-198) No report was given. H. Public Works Committee. (CFN-198) Albertson noted that the next meeting will be held at 4:00 p.m. on April 2"d. She added that the Citizens Transportation Advisory Committee met today. I. Reaional Fire Authority. (CFN-198) No report was given. ADJOURNMENT The meeting adjourned at 8:10 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 5 Kent City Council Workshop March 20, 2012 Council Members Present: Albertson, Boyce, Higgins, Perry, Ralph, Ranniger and Thomas. The meeting was called to order at 5:30 p.m. by Council President Higgins, who noted that because the State Legislative is in Special Session, Doug Levy cannot be at tonight's meeting, therefore the Alternate Agenda will be used. State Leaislative Update/Governmental Relations. Michelle Wilmot gave an update on the status of bills in the Legislature, including the Motor Vehicle Excise Tax and budget issues which would affect the City. Council members then gave updates on regional committee meetings, and discussion was held on several issues of regional importance. Potential Short-Term Budget Adiustment Strategies. CAO Hodgson noted that it is unclear whether the cut in liquor tax revenue will be a one-time cut or a permanent cut, and he, Mayor Cooke and Council members discussed where and how other cuts could be made. Strategic Goals. Hodgson provided copies of the Council's Strategic Goals and noted that new information is shown in italics. He outlined the process and timeline moving forward. Biennial Budget Process. Barbara Lopez of the Finance Department explained the steps they are taking to prepare for the first biennial budget. The meeting adjourned at 6:35 p.m. Brenda Jacober, CIVIC City Clerk KENT Agenda Item: Consent Calendar - 7C TO: City Council DATE: April 3, 2012 SUBJECT: Lodging Tax Advisory Committee Appointment - Confirm MOTION: Confirm the Lodging Tax Advisory Committee's appointment of Blane Webber to the Lodging Tax Advisory Committee. SUMMARY: The Lodging Tax Advisory Committee recommends Blane Webber be appointed to the Lodging Tax Advisory Committee. Mr. Webber has asked to be considered for the position vacated by Aaron Watne formerly from Marriott TownePlace Suites in Kent. Blane Webber is currently the General Manager at the Marriott TownePlace Suites in Kent. He grew up in Everett and graduated from Washington State University in the Hospitality Business Management program. This position on the committee is to be filled by a representative whom represents businesses required to collect lodging tax. Mr. Webber's position would be for a 3-year term, which will expire December 31, 2015 EXHIBITS: None RECOMMENDED BY: Mayor Cooke and the Lodging Tax Advisory Committee BUDGET IMPACTS: None KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: April 3, 2012 SUBJECT: Department of Ecology/Municipal Stormwater Capacity Grant Amendment — Authorize MOTION: Authorize the Mayor to sign an amendment to the Fiscal Year 2012 municipal stormwater capacity grant agreement with the Washington State Department of Ecology that will award an additional $50,000 to the city of Kent to be spent within the National Pollutant Discharge Elimination System Program, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The city of Kent is covered under the Western Washington Phase II Municipal Stormwater Permit. This is a federal National Pollutant Discharge Elimination System (NPDES) permit and a state discharge permit issued by the Washington State Department of Ecology. The permit allows the City to discharge stormwater to streams, rivers, and lakes as long as the conditions of the permit are met. Public Works has been working to ensure that the City implements stormwater management practices consistent with permit requirements. The Department of Ecology is offering the city of Kent an additional $50,000 no-match grant under the Phase II Stormwater Capacity Grant program. This grant is an amendment to the $367,065 Stormwater Capacity Grant the City was awarded in 2010. This grant amendment also provides an extra year (until July 2013) to spend the total amended grant amount of $417,065. This grant amendment does not change the requirement that the grant funds be spent on implementation of the Phase II NPDES permit requirements. To date, the City has spent $166,000 of the total grant funds on: equipment to aid in the inspection and maintenance of stormwater infrastructure; spill-response supplies and training; education and outreach materials; and other activities consistent with NPDES permit implementation. EXHIBITS: Department of Ecology Grant No. G1100054 FY11 Funding Cycle RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The City's drainage utility will receive $50,000 from the Washington State Department of Ecology. RECEIVED FFB 2, 2 2012 STAIE OF bhASI IINGTOP DWARTMENT OF ECOLOGY CITY OF KENT PO Box,4700 - Olympia, awl 11a50-1-7600 = 360-407-6000 ENGINEERING DEPA` -I I for Washington Relay Service , Persons pith a speech disability can calf 8774M 6347 February 16, 2012 Shawn Gilbertson City of Kent 400 West Gowe St. Kent, WA 98032 Re: City of Kent Municipal Stormwater Capacity Grant Amendment Local Toxics Control Account Grant No. G1100054 FY 11 Funding Cycle Dear Mr. Gilbertson: Enclosed are three unsigned copies of the above-referenced amendment between the Department of Ecology and City of Kent for the Municipal Stormwater Capacity Grant project. Please carefully review the grant agreement including the project scope of work, budget, and special conditions. If all is acceptable, have the designated representatives sign the enclosed three originals of the grant agreement, and then return all three to me. One fully-executed original will be returned to you after signature by our Program Manager. This agreement will be final upon the date of signature by the Water Quality Program Manager. Once signed, eligible costs incurred since July 1, 2010 may be reimbursed. Also enclosed is a Signature Authorization Form. Please complete this form and return it to me with the agreements. If you have any questions, please call me at(360) 407-7039, Sincerely, Tracy Farrell 14 Grant Financial Manager Water Quality Program Enclosures �N r DEPARTMENT OF ECOLOGY State of Washington AMENDMENT NO. 1 TO GRANT AGREEMENT NO. G1100054 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF KENT PURPOSE: To amend the above-referenced grant agreement between the Department of Ecology [DEPARTMENT] and City of Kent [RECIPIENT] for the Municipal Stonnwater Capacity Grant Project. This amendment is needed to increase budget for Phase II community NPDES Permit Activities by $50,000 and extend the expiration date of the grant agreement. IT IS MUTUALLY AGREED that the grant agreement is amended as follows: PART I. GENERAL INFORMATION 1. The general information shall be modified as follows: a. The expiration date is extended from June 30, 2012 to June 30,2013. PART IV. PROJECT BUDGET 1. The project budget shall be modified as followed: Current Budget Revised Budget Element Cost Element Cost Element No. st t, T Task I —Project Administration/Management(limited to 10% $ 0 $ 5,000 of total) Task 2—Implementation and management of Stormwater $ 367,065 $ 412,065 Program Project Totals $ 367,065 $ 412,065 FURTHER,this amendment shall be effective upon the date of signature by the Water Quality Program Manager of the DEPARTMENT. City of Kent Amendment to Grant Agreement GI100054 Page 2 Except as expressly provided by this amendment, all other terms and conditions of the original grant agreement and all amendments remain in full force and effect. i N WITNESS WHEREOF: the parties have signed this amendment. STATE OF WASHINGTON CITY OF KENT DEPARTMENT OF ECOLOGY KELLY SUSEWND, P.E., P.G. DATE SUZETTE COOKE DATE WATER QUALITY PROGRAM MANAGER MAYOR APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: April 3, 2012 SUBJECT: Ordinance Amending Combined Sewer and Storm Surface Water Utility - Adopt MOTION: Adopt Ordinance No. ___, amending Section 7.06 of the Kent City Code, entitled, "Combined Sewer and Storm Surface Water Utility." SUMMARY: On August 5, 1987, the City adopted Chapter 7.06 of the Kent City Code. Due to recent changes in state law, in addition to the increase of the population of the city of Kent, amendments are now necessary in order to bring the code into compliance with current state law. EXHIBITS: Ordinance RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 7.06 of the Kent City Code, entitled, "Combined Sewer and Storm Surface Water Utility." RECITALS A. On August 4, 1987, the City adopted Chapter 7.06 (formerly KCC 7.03) of the Kent City Code. B. Changes to state law require amendments to be made to the current code to update references to state law. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 7.06 of the Kent City Code is amended to updated references to state law. Sec. 7.06.010 Established. The city is—maintainfts and operatftes a sanitary sewage collection and disposal system, Ch. 7.04 1 Amend KCC 7.06 Ordinance KCC, and a storm and surface water utility, Ch. 7.05 KCC, pursuant to the provisions of RCW 35A.80.010, 35A.21.150, and Chapters 35.67 and 35.92, RCW.35.67.929, 35.92.920 and 35A.80.010. Pursuant to the In accordance with this authority, the sanitary sewage collection and disposal system of the city and the storm and surface water utility, together with all additions, extensions and betterments theFeef at any time made, are heFeby combined into a single utility, provided that separate accounts be maintained pursuant to RCW 43.09.210;_ sewage Eel'eEtien and disposal systeng of the Eity and the Stffnq and of Sec. 7.06.020 Management of combined utility property — restricted use — Penalties. The director of public works or designee is hereby authorized to post combined utility properties, including rights-of- way, easements and appurtenant facilities, with appropriate "no trespassing" or other restrictive signs as determined by the director to be necessary to protect such property and facilities from damage or unpermitted use. The director or designee is authorized to post "no trespassing" signs or any other signs in a conspicuous manner which are capable of being readily viewed and understood by the public to prohibit use by any person, including the use of motorized or nonmotorized vehicle on such properties. "Motor vehicle" for purposes of this section is that definition as provided in RCW 46.04.320. "Vehicle" for purposes of this section is that definition as provided in RCW 46.04.670. Every person who enters or remains on any city-combined utility property where notice against such use or trespass has been given by the city through such 2 Amend KCC 7.06 Ordinance posting "no trespassing" or other similar signs is punishable as criminal trespass and is subject to the criminal penalties provided in 4EC—E 9.02.56RCW 9A.52.080. SECTION 2, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 3, — Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 4, — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 3 Amend KCC 7.06 Ordinance APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 12012. APPROVED: day of 12012. PUBLISHED: day of 12012. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\KCC 7.06.020.docx 4 Amend KCC 7.06 Ordinance KENT Agenda Item: Consent Calendar — 7F TO: City Council DATE: April 3, 2012 SUBJECT: Stormwater Utility Property Lease — Authorize MOTION: Authorize the Mayor to sign an agreement with Terreno Valley Corporate, LLC, being successor in interest to Alecta Real Estate Kent Valley, to lease stormwater utility property for a period of five years, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Valley Corporate Center (VCC) was developed in the 1980's and includes a number of large warehouse/manufacturing properties located along West Valley Highway (68th Avenue South). The City's stormwater utility owns property adjacent to the VCC that was formerly owned by King County Drainage District #1, but is not currently needed for stormwater conveyance. In 1988, the property was paved and leased by the City to VCC to be used as additional parking. VCC paid for the original construction on the City's behalf and signed a lease that ran through 2003. A subsequent lease ran through September 2011. There is no need for another use of this property at this time. The proposed lease is for a five-year period, which would enable the City to repurpose the property in the future if needed. EXHIBITS: Motion dated 2/7/2012 and lease agreement, with exhibits RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: As noted in the attached proposal, rent on the lease would be $4,815.23 for 2011/2012 and would increase at 3% per annum through September 2016 (five years total). Please find attached a letter from the property broker noting that the value of the lease is commensurate with existing market conditions. Lease payments would be directed to the stormwater utility operations and maintenance budget. KENT ^ *� Agenda Item: Consent TO: City Council DATE: February 7, 2012 SUBJECT: Stormwater Utility Property Lease - Authorize MOTION: Authorize the Mayor to sign an agreement with Alecta Real Estate Kent Valley, LLC to lease stormwater utility property for a period of five years upon the concurrence of the language therein by the Public Works Director and the City Attorney. SUMMARY: Valley Corporate Center (VCC) was developed in the 1980s and includes a number of large warehouse/manufacturing properties located along West Valley Highway (68th Avenue South). The city's stormwater utility owns property adjacent to the VCC that was formerly owned by King County Drainage District #1, but is not currently needed for stormwater conveyance. In 1988, the property was paved and leased by the City to VCC to be used as additional parking. VCC paid for the original construction on the City's behalf and signed a lease that ran through 2003. A follow- on lease ran through September 2011. There is no need for another use of this property at this time. The proposed lease is for a five year period, which would enable the City to repurpose the property in the future if needed. EXHIBITS: Location Map and Memo Dated 11/17/2011 RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: As noted in the attached proposal, rent on the lease would be $4,815.23 for 2011/2012 and would increase at 3% per annum through September 2016 (five years total). Please find attached a letter from the property broker noting that the value of the lease is commensurate with existing market conditions. Lease payments would be directed to the stormwater utility operations and maintenance budget. LEASE AGREEMENT BETWEEN THE CITY OF KENT AND TERRENO VALLEY CORPORATE, LLC FOR PARKING AND STORAGE AREA (At South 222"d Block and 68th Avenue South, Kent) THIS LEASE AGREEMENT (hereinafter "Lease") is between Terreno Valley Corporate, LLC, a Delaware limited liability company, with offices located at 16 Maiden Lane, San Francisco, CA, 94108 ("Terreno" and "Lessee"), and the City of Kent, a Washington municipal corporation of the State of Washington with offices located at 220 4th Avenue South, Kent, Washington 98032 ("City" and "Lessor"). RECITALS A. Lessor is the owner of certain real property generally located at the South 222nd block and 68th Avenue South, in the city of Kent, King County, Washington. B. Lessee has agreed to rent a portion of Lessor's property, which is legally described in Exhibit A, attached and incorporated by this reference (the "Premises"). C. Lessor is willing to lease the Premises to Lessee on the following terms and conditions. NOW, THEREFORE, Lessor and Lessee agree as follows: AGREEMENT 1. LEASE. Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor, the Premises, upon the terms and conditions set forth in this Lease Agreement. 2. TERM. 2.1 Term Defined. The term of this Lease shall be for five (5) years, commencing on October 1, 2011 ("Commencement Date"), and ending September 30, 2016 ("Termination Date"). Lease Agreement Between Terreno and the City of Kent Page 1 of 8 3.1. RENT. Lessee agrees to pay Lessor as Annual Rent, without notice or demand, inclusive of leasehold tax, at a rate established by the State of Washington, currently 12.84%, commencing on the Commencement Date. Subsequently, the Annual Rent shall be paid in advance, on or before the first day of October of each year of the five year term. Rent shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Financial Services. Dates Rent 10/1/2011 — 9/30/2012 $4 815.23 10/1/2012 — 9/30/2013 $4 959.69 10/1/2013 — 9/30/2014 $5 108.48 10/1/2014 — 9/30/2015 $5 261.73 10/1/2015 — 9/30/2016 $5 419.58 Lessee shall pay City a late payment charge equal to five percent (5%) of the Annual Rent for any payment not paid within five (5) calendar days of when due. Any amounts not paid when due shall bear interest until paid at the rate of one percent (1%) per month. 4. PREMISES. 4.1 Premises Defined. The Lessor leases to Lessee and Lessee leases from Lessor the Property legally described in Exhibit A and depicted in Exhibit B attached hereto and incorporated by this reference. 4.2 As-Is. The City is providing the Premises in "as-is" condition for Lessee's use. The City makes no representation regarding the condition of the Premises or improvements located on the same. 5. USE. 5.1 Permitted Use. Lessee shall use the Premises solely for the purposes of vehicular parking area and a telephone equipment storage yard and other incidental uses, but for no other purposes, without prior written consent of Lessor. In the event Lessee's use of the Premises increases fire insurance rates on the Premises, Lessee agrees to pay for that increase. 5.2 Restrictions on Use. Lessee shall not cause or permit any damage to the Premises. Lessee shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statues, and other government rules and regulations regarding its use or occupancy of the Premises. Lessee shall keep the Premises free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Lease Agreement Between Terreno and the City of Kent Page 2 of 8 premises. If Lessee fails to comply with all or any of the restrictions on the use of the Premises set out in this subsection 5.2, the City shall notify Tenant per Section 18. 6. LESSOR'S OBLIGATION TO MAINTAIN PUBLIC TRAIL AND LESSEE'S OBLIGATION TO MAINTAIN THE PARKING AREA. Lessor shall maintain the public pedestrian trail, approximately twelve (12) feet in width, adjacent to and north of the Premises, extending from the West Valley Highway on the east, westerly to 64th Avenue South, on Lessor's property as shown on Exhibit B. Lessee shall maintain, to standards specified by Lessor, a public parking area north and east of the Premises, on Lessor's property adjacent to West Valley highway, for ten (10) automobiles, as depicted on Exhibit B. The parking area shall be maintained at Lessee's sole cost and expense. The pedestrian trail and parking area described in this paragraph are called, collectively, "the Public Improvement." Lessor further agrees to indemnify and hold Lessee harmless from any and all fees, costs, and expenses arising out of or connected with any injury to persons or damage to property associated or connected with any use of the Public Improvements or any adjacent property owned by Lessor, but only to the extent of Lessee's negligence. The parties understand and agree that the Public Improvements shall be open for the use and enjoyment of the public. 7. TAXES. Lessor shall pay all applicable taxes, including real property taxes and assessments, whether general or special, levied against the Premises. Should there presently be in effect or should there be enacted during the term of this Lease Agreement any law, statute or ordinance levying any tax (other than federal or state income taxes) upon rents. Lessee shall pay such tax or shall reimburse Lessor on demand for any such taxes paid by Lessor. S. UTILITIES AND FEES. Lessee shall pay all charges for electricity and any other utility services accruing at the Premises. Lessee shall directly pay these utility charges and all other license fees or other governmental charges levied on the operation of the Lessee's business on the Premises, or the business. 9. REPAIRS AND MAINTENANCE. Lessee has inspected and accepts the Premises in its present condition. At its sole cost, Lessee shall at all times: (1) keep the Premises neat, clean and in a good, orderly, and sanitary condition; (2) replace as necessary all landscaped areas; and (3) keep and use the Premises in accordance with applicable laws, ordinances, rules, regulations and requirements of governmental authorities. In addition to, and without limiting, the foregoing, Lessee shall: (1) permit no waste, damage or injury to the Premises; (2) keep any Lease Agreement Between Terreno and the City of Kent Page 3 of 8 and all drain pipes free and open; (3) protect any water, heating, gas and other pipes to prevent freezing or clogging; and (4) repair all leaks and damages caused by leaks. 10. IMPROVEMENTS TO PREMISES. Lessee and its subtenant(s) shall make no additions, improvements and alterations to the Premises without Lessor's prior written approval, which shall not be unreasonably withheld. Such improvements shall not interfere with the Public Improvements. This work shall be done at Lessee's sole cost and must comply with the terms and conditions of that certain Easement between the City of Kent and Puget Sound Power & Light Company, dated December 28, 1987, and recorded under King County Recording No. 8712311349. Upon the expiration or termination of this Lease, Lessee shall, at Lessor's option, remove all Lessee's improvements, together with its equipment, and shall restore the Premises to its original condition within ninety (90) days of the expiration or termination date, at Lessee's sole cost and expense. 11. CONDEMNATION. If a substantial portion of the Premises is taken by any public authority under the power of eminent domain, so as to render the remaining Premises economically untenantable, this Lease Agreement shall terminate as of the time of such taking at the option of either party. If a portion of the Premises is so taken, and neither party elects to terminate this Lease Agreement, or until termination is effective as the case may be, the rent shall be reduced in direct proportion to the leased property taken. Lessee shall have no claim to any portion of the compensation for the taking or damaging of the land or building. Lessee shall be entitled to negotiate compensation for its own moving costs and its leasehold improvements. 12. LIENS AND INSOLVENCY. Lessee shall keep the Premises free from any liens arising by reason of work, labor, services or materials performed or supplied to Lessee and shall hold Lessor harmless against the same. Should Lessee become insolvent, bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of Lessee, Lessor may cancel this Lease Agreement at its option. 13. ACCESS. Lessor shall have the right to enter the Premises at all reasonable times for the purpose of inspection. 14. DAMAGE OR DESTRUCTION. In the event the Premises are rendered untenantable in whole or in part by fire, the elements, or other casualty, Lessee may elect not to restore or rebuild the Premises and shall notify Lessor, in which event Lessee shall restore the Premises to its original condition and then vacate the Premises and, at that time, this Lease shall be terminated. In the Lease Agreement Between Terreno and the City of Kent Page 4 of 8 alternative, Lessee shall notify Lessor within fifteen (15) days after such casualty that Lessee will undertake to rebuild or restore the Premises. If Lessee is unable to restore or rebuild the Premises within thirty (30) days, then the Lease may be terminated at Lessee's option by written notice to Lessor. 15. INDEMNIFICATION. Lessee 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 Lessee's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LESSEE'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. 16. INSURANCE. The Lessor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. 17. TERMINATION OF LEASE. If Lessee fails to perform any of the covenants and agreements in this Lease Agreement, and that failure continues for thirty (30) or more days after receiving written notice from Lessor specifying Lessee's failure(s), unless appropriate action has been taken by Lessee in good faith to cure such failure, Lessor may terminate this Lease Agreement and reenter the Premises. Lessee shall pay Lessor any deficiency arising from its default, including any rent owed, the cost of recovering the Premises and any repairs, maintenance, or utilities attributable to Lessee. 18. MISCELLANEOUS PROVISIONS. A. 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. Lease Agreement Between Terreno and the City of Kent Page 5 of 8 B. 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, 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 15 of this Agreement. C. No Waiver of Covenants. The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one of more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. 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 and Sublease. Lessee may assign its interest in this Lease Agreement at any time or may sublease all or any portion of the Premises provided, however, assignee complies with paragraph 16 "INSURANCE" Assignment will not be valid without said compliance. 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 Lessee. G. Surrender of Premises. Lessee agrees, upon termination of this Lease Agreement, to surrender the Premises peacefully, to leave the Premises neat and clean, and to deliver all keys to the Premises to the Lessor. Lease Agreement Between Terreno and the City of Kent Page 6 of 8 H. Signs. Lessee may, at Lessee's sole expense, place external signs on the Premises provided such signs have been approved in advance by Lessor, and provided such signs do not violate any statute or regulations existing during the terms of this Lease Agreement. Lessee shall pay the costs of removal of such signs upon termination of the Lease. I. Binding Upon Heirs, Successors and Assigns. The covenants and agreements of this Lease Agreement shall be binding upon the subtenants, heirs, executors, administrators, successors, and assigns of both parties, except as limited elsewhere in this Lease Agreement. J. 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. K. Compliance with Laws. The Lessee agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Lessee's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. L. Counterparts. This 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. Lease Agreement Between Terreno and the City of Kent Page 7 of 8 IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. LESSEE: LESSOR: TERRENO VALLEY CORPORATE LLC 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: TERRENO VALLEY CORPORATE LLC CITY OF KENT: Andrew T. Burke Tim LaPorte Senior Vice President Public Works Director 16 Maiden Lane City of Kent San Francisco, CA 94108 220 Fourth Avenue South (415) 655-4589 Kent, WA 98032 (253) 856-5515 (telephone) 253 856-6500 facsimile APPROVED AS TO FORM: Kent Law Department P:\Civil\Fles\Open Files\0177-2012-Public Works General\Lease Teerreno.Docx Lease Agreement Between Terreno and the City of Kent Page 8 of 8 DESCRIPTION COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 3I9 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER. OF THE SOUTHEAST QUARTER OF SECTION II , TOWNSHIP 22 NORTH, RANGE 4 EAST N.M. WIIil THE EAST QUARTER SECTION LINE OF SAID SECTION 11. THENCE NORTH 89"12' 17" WEST ALONG IHE SOUTH LINE OF SAID NORTH 319.00 FEET, 50.00 FEET TO THE WEST MARGIN OF HEST VALLEY HIGHWAY, AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89'12117" WEST 700.00 FEET; THENCE NORTH 0"53'41" EAST 75.00 FEET; THENCE SOUTH 89"I2'17" EAST 700.00 FEET TO THE WEST MARGIN OF WEST VALLEY HIGHWAY; THENCE ALONG SAID WEST MARGIN PARALLEL TO THE BAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11, SOUTH 0"53'41" WEST 75.00 FEET TO THE TRUE POINT OF BEGINNING. i Hr,ti ' � 3 Zqa_ !�-—_fi�ti �{•— < � J , m wosr IIALtIry HWY EXHIBIT C INSURANCE REQUIREMENTS FOR STANDARD LEASE Insurance The Lessee 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 Lessee's operation and use of the Court. A. Minimum Scope of Insurance Lessee shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Lessee shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance 1. The Lessee's insurance coverage shall be primary insurance as respect the City. Any Insurance or self-insurance coverage maintained by the City shall be excess of the Lessee's insurance and shall not contribute with it. 2. The Lessee'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. EXHIBIT C (Continued) 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 Lessee 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 Lessee. F. Waiver of Subrogation Lessee and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. G. City's Property Insurance City shall purchase and maintain during the term of the lease, all-risk property insurance covering the Court. KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: April 3, 2012 SUBJECT: Braun Plat Bill of Sale - Accept MOTION: Accept the Bill of Sale for the Braun Plat project, permit 2063997, for 4 gate valves, 2 hydrants, and 566 linear feet of waterline, 3 sanitary sewer manholes and 496 linear feet of sanitary sewer line, 660 linear feet of new street, 327 linear feet of frontage improvements, 1 storm sewer manhole, 10 catch basins, 9,392 cubic feet of detention pond storage, and 767 linear feet of storm sewer line. SUMMARY: The Braun Plat is located at 11408 SE 244th Street. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None - MAIL.TO: CITY OF KENT ENGINEERING DEPARTMENT _ ATT_N: 'Sa ,l_lEF- 220 m 4TH AVENUE SOUTH KENT,WASHINGTON 98632 WASHINRTON ' . Project: RRA Ut-A t S Lcrr fLAT Permit L��3�� � Location: li4-4(a 5C ;144- '5ry- Parcel #: 2nL'Ld�-91�2�oaLD3'-'z (64 ` BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this(Z.O_day of "V<t`lvA��Y 20 , by and between tC, i4DAt-L, t,Ae>tvtL—:y hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements: A. WATERMAINS: Together with a total of 4- gate valves at $ 1,epo -7�a T01V b� ? hydrants at $ k,Voo each and/or any other appurtenances thereto. .ON FROM ,. . Ig (street, easement, etc.) ttACIT5.c S -14AJIsSTF- Including 5 linear feet at$ r3O per LFof D . (size &type) wa eriine L B. SANITARY SEWERS: Together with a total of manholes at $ a¢ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at$ per LF of gU (size &type) 2)1G seweriine, Bill of Sale 1of5 C. NEW STREETS - Together with curbs, gutters, sidewalks, and/or any other appurtenances ®N FROM TO (street, easement, etc.) of 114- ftAcC: :5 E CC 2.44 Including Co Coo Ilnearfeet at $�6-12Q per LF of Ge-P.55 C3 (size &'type)' /e'5F44ste.T" (improvement). O. FRONTAGE IMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street, easement, etc.) Including :3 linear feet at$ a.5b per LF of C e_d e S Lai (size &type) _ea--5 PR A t ( (improvement). E. STORM SEWERS: Zo CICD 10 Together with a total of manholes at $ each or total of MC dff catch basins at $ each, LF of blofiltratlon swale or drainage ditch with a total cast of $ �� 2 cubic feet of detention pond storage with a total cost of$ S j oo c� , and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) S. Including linear feet at,$ "' . 3 cD ;>;>' per LF of (size &type) _��/ sewerllne. To have and to hold the same to the said Grantee, its successor's 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 materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against tl a lawful claims and demand of all person(s). 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. The. City accepts the,items- subject to staff approval and comple_tlon of a year maintenance period. .4 Bill of Sale 2of5 IN WITNESS WHEREOF; the undersigned has caused this instrument to be -executed -on this 7i l day of Jfi i��! -;% , 20�r �� IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day ofZ�5 —, 20 STATE OF WASHINGTON ) ) SS COUNTY OF ICING ) Oq this ��" day((af 20 , before me, the undersigi c�A p"ar_y Public in and 'for the State caas ington, d y commissioned and sworn, personally appeared t�tz\�.v 5� PA, 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 Linder my hand and official seal this L day o r - 20 - Notary Public in and for the State of M® Washington, residing at m ®��®� My Commission Expires: Bill of Sale 3of5 -STATE OF WASHXNGTON `COUNTY OFKING 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 tb 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 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 Bill of Sale 4of5 .. 'Is .. KE ,WASH-INa-ro4 ENGINEER'S CERTIFICATION. CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for 6�l' z v� tJl �� project dated �' ti �� " I�L- , for the same said `TIn-c- PD rc,-uk�,, aA tt _ project. VIAl I S �C rr1 the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Cr) C.ly1lPy- C_i ;the firm responsible for the preparation of the record drawings. f S I SAR Signature (Engineer stamp required) d N Bill of Sale - 5of5 REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other KENT WASHINGTON OPERATIONS COMMITTEE MINUTES March 6, 2012 Committee Members Present: Les Thomas (chair), Dennis Higgins, Jamie Perry The meeting was called to order by L Thomas at 4:04 p.m. 1. APPROVAL OF MINUTES DATED FEBRUARY 21, 2012. J. Perry moved to approve the Operations Committee minutes dated February 21, 2012. D. Higgins seconded the motion, which passed 3-0. 2. APPROVAL OF CHECK SUMMARY REPORTS DATED FEBRUARY 1 THROUGH FEBRUARY 15, 2012 D. Higgins moved to recommend Council approve the Check Summary Reports dated February 1 — 15, 2012. J. Perry seconded the motion, which passed 3-0. 3. MOVE TO RECOMMEND THE AMENDMENT OF THE LIFEWISE ASSURANCE COMPANY CONTRACT FOR THE CITY'S STOP LOSS COVERAGE. The City's current administrator for our individual and aggregate stop loss coverage is LifeWise Assurance Company. To be competitive in the market and for the city to contain stop loss costs, the city went out to bid for the 2012 contract at the end of the year. After reviewing the city's large claims LifeWise Assurance Company was the only provider who agreed to continue the city's stop loss coverage for 2012. The premium was increased for 2012 by 19.8% and is budgeted in the Health &Wellness fund. B Fowler anticipates this cost will increase annually. J. Perry moved to recommend the amendment of the LifeWise Assurance Company contract for the city's stop loss coverage. D. Higgins seconded the motion, which passed 3-0. 4. TECHNOLOGY FEE UPDATE (INFORMATION ONLY) J. Hodgson started the technology fee update by distributing a copy of the Year-to-Date revenue, which is on target after two months. J. Watling explained a small glitch with the recreation fee process, specifically the online registration. Other registration options are walk up and by phone. The Active Network software, which is the same used for utility billing does not have the capacity to tack on the $1.00 fee at the end of the online registration transaction. A software upgrade would be required, which the company does not have scheduled at this time. An upgrade would cost $25,000 versus the loss of revenue to the city of $5,000. J. Hodgson feels the 20% reduction in recreation fees will be made up with increased permitting and utility fees. Staff have worked with I.T. on workarounds and there is nothing aside that wouldn't be labor intensive or a breach of the agreement with Active Network. J. Perry has concerns of recreation fees being charged more in some areas and less in another (online). Ultimately, Council proposed to leave it as it is. D. Higgins will follow up with the I.T. director for further discussion. The meeting was adjourned at 4:19 p.m. by L. Thomas. I/ ✓/J� ,,, F .. Pamela Clark Operations Committee Secretary 40 �4 EIF- NT Was HINGTJN Parks and Human Services Meeting Minutes February 16, 2012 Council Present: Chair Debbie Ranniger, Elizabeth Albertson, Dana Ralph Chair Debbie Ranniger called the meeting to order at 5:05 p.m. Item No. 1: Minutes of January 19, 2012 Elizabeth moved to approve the minutes of January 19, 2012. Dana seconded. The motion passed 3-0. Item No 2: Indigent Defense Services Findings — Resolution Katherin Johnson, Manager of Housing and Human Services explained that this Resolution supports the contracts with the law firm of Stewart, Beall, MacNichols, and Harmell, Inc., P.S. ("SBMH"), for indigent counsel services and the Law Office of Michael Jordan, P.S. ("Jordan"), for the provision of conflict counsel services. The city is required by statute and the Constitution to provide an attorney for individuals unable to afford legal representation when charged with a crime filed in the Kent Municipal Court. SBMH, which is located in Kent, is currently under contract to provide this service. In addition, Jordan, a Tacoma law firm, is currently under contract to provide indigent defense services in cases in which SBMH cannot provide services due to a conflict of interest. Staff recommends continuing to contract with SBMH and Jordan from April 1't, 2012 through December 31", 2014, On April 19, 2011, the City Council passed Resolution No. 1843, which adopted various standards for indigent defense services in order to ensure that indigent defendants receive effective assistance of counsel as required by the state and federal Constitutions. While those standards were adopted into the then existing indigent defense service contracts, these new contracts better incorporate those standards, and create a number of mechanisms to ensure that indigent defendants are receiving effective assistance of counsel. The new contracts incorporate caseload levels, complaint processing procedures, training requirements, and review requirements. The contracts were reviewed by an outside attorney consultant to ensure that Kent's system of public defense would provide indigent defendants with a constitutionally appropriate level of service. There has been no increase in the monthly payments due the contractors. Page 1 Dana moved to recommend Council adopt the Resolution adopting findings relating to indigent defense service contracts and authorizing the Mayor to enter into indigent defense contracts with the law firms of Stewart, Beall, MacNichols and Harmell, Inc., P.S., and Jordan Law Office, P.S. Elizabeth seconded. The motion passed 3-0. Item No 3• Housinn and Human Services One Niaht Count Summary - INFO ONLY Parks Director Jeff Watling introduced the item saying that under this item, staff wants to cover emergency shelters and a follow up from the last Parks Committee meeting when council had questions on homelessness policies and partnerships and then transition to how we want to proceed with the process for the Resource Center building. Jason Johnson, Human Services Planner reported that the city activated the Kent Lutheran Church Severe Weather Shelter for six nights during the snow and ice storm in January. Over the six nights, approximately 135 people were served, with average 20 per night including a mix of men, women and children each night. Some were homeless and some didn't have power in their home. The Human Services division is very grateful for the partnership with Catholic Community Services and Kent Lutheran. Jason recognized Bill Hallerman and Linda Stolkholm in the audience and thanked them for the hard work they've put into this partnership. Catholic Community Services has provided shelter services and day time case management in Kent for over 18 years and Kent Lutheran Church has been feeding and attending to the needs of the homeless for over 20 years. The service they provide not only helps people in need, but their service model also saved the city over $9,000 by not having to issue hotel vouchers. Jason thanked the many community volunteers and staff that assist in serving the homeless. i The primary purpose of the "One Night Count" is to document how many people still lack basic shelter and what strategic polices we have in place. Jason reported that the annual "One Night Count" of homeless people in King County took place Friday, January 27, between 2:00 and 5:00 a.m. with 800 volunteers canvassing the county to count the number of men, women and children who are homeless and without shelter. Kent was the first city outside of Seattle to participate in the One Night Count. Roughly 60 volunteers participated in Kent and counted approximately 100 homeless sleeping outdoors. There was a small increase county-wide for those found without shelter than last year. There was not a significant change from last year in the Kent numbers. The "One Night Count" only includes a very small part of Kent primarily in the valley and the same areas are counted each year. At the same time, an inventory is done of all shelters and transitional beds in the county by the Seattle King Coalition on Homelessness. It will be completed in spring and Jason Page 2 i i will bring the results back to the committee. Katherin Johnson, Manager of Housing and Human Services referred to the last Parks meeting when the committee asked for additional information on homeless issues, funding, needs, leadership, data local efforts (attached is the report). Katherin reported that Kent has been supporting human service agencies for over 35 years. Originally funded through federal revenue sharing and then 1% of the general fund was set aside to address human services in Kent by funding agencies. The city is a direct entitlement community for HUD Community Development Block Grant Funds. Kent has remained a leader from that point on. Kent was one of the first at the table to pose the question, is it possible to end homelessness? About eighteen months after meetings began, the Federal government handed down a mandate that a 10 year plan to end homelessness would have to be developed in order to continue to get funding. Kent was one of the first focus groups to develop that plan which addresses the issues of chronic homelessness. Kent staff has actively participated in the framework that operates and manages the homeless services system in King County including leadership seats on the Committee to End Homelessness, the Seattle/King County Coalition on Homelessness and through local efforts such as the South King County Forum on Homelessness. The Human Services Master Plan, which addresses homeless through our continuum of services, is in its sixth year and ready for renewal. One of issue staff looks at within set services is intervention and prevention. Homelessness knows no boundaries. Most of the homeless stay close to home and travel between Kent, Auburn and Renton. DSHS showed, in a self identified report, that there are approximately 2,000 homeless in Kent using their services. This number includes families, individuals and seniors. Homeless does not mean you live on the street, it means you do not have a permanent address and that includes people who live with friends or live in their cars. In the Kent School District, approximately 13,500 qualified for the free/reduced lunch program and this is an indicator of risk. Poverty is another issue. In 2011 25% of Kent residents were under the poverty level. The median income in Kent is $49,000. We look at all areas and found a lack of services for families. Family homelessness is the largest single gap in services. There are 29 units of shelter in South King County for families. Many are for domestic violence victims only. There are no day care centers for Moms and kids to even get a shower or do laundry. There are very few shelters for just women alone. Day centers were addressed through the focus group, "South King County Response to Homelessness." The model for day centers recommended by the focus group was to alternate days in different cities so that not one community would take on the burden. Federal Way and Auburn have implemented this program. The city partners with the 20 agencies that we fund through CDBG support. Most of Page 3 a ' them provide some service to the homeless. The Food Bank provides food packs and they stock the city's Human Service office with food packs. Catholic Community Services has been a major partner with the city for 35+ years. Kent Youth and Family Services has transitional housing and programs for parenting teens, and Multi Service Center handles housing provision work and emergency housing. The Federal Government often puts conditions on funding and that any agency receiving homeless funding. Agencies must have a homeless information management system that reports where the homeless are being seen, what services are provided, and how are they getting to and from these services. Kent talked to cities and encouraged them to participate in this data so that they could apply for Federal funding. The city has begun the funding cycle and the Human Services Commissioners have been trained to evaluate the applications online. The Commissioners renewed their commitment to continue to look at ways to help with assistance for homeless shelters as well as prevention programs. Dana thanked staff for putting this information together - it helps put things in a broader context. Elizabeth asked about residency for day shelters in Federal and Auburn. Jason stated that there are no residency requirement. Debbie asked about facility use and Jason responded that these programs are run by faith-based churches. Jeff followed up to conversations with Council, businesses, human service agencies, commissioners and Union Gospel Mission staff on how the city can map out the process to evaluate the use of the Resource Center and the requests from Union Gospel Mission and other interested agencies. Staff feel there is a due process and propose a three phase approach in a thorough and expeditious manner: • Scoping • Call for Proposals • Evaluation and Recommendation The first step is to initiate a focus group discussion involving businesses, human service agencies, Union Gospel Mission, and neighbors to meet for the next six weeks. Discussion will involve framing questions to proposed use of the Resource Center building and determine the community's response to using that building for homeless purposes. To define the best use of the Resource Center building with the goal of defining the scope. The group would be required to make a recommendation by April and a Call for Proposals would go out. A panel of members from the Human Services Commission, residents and businesses would evaluate the proposals and make a proper recommendation to Council in June/July on how to proceed and move forward. Jeff stated that the city has countless partnerships with similar service providers Page 4 and staff want to make sure that everyone goes through the same vetting process that we've asked other agencies to go through. Elizabeth referred to the homeless count stating that our numbers are in perspective with being a bigger city and we have big city challenges. We are looking for constructive ways to do more; we want to make sure that we are doing the appropriate thing for the issue at hand and one that works. Dana reiterated that she wants to do this in a smart manner and make sure it is sustainable. She wants it to be a fair and equitable to all partners and have a solid process that we can defend. Debbie wanted to share that the city is charting new territory with this process. It is unique and it may become the model for the use of all city buildings. Council and staff are interested in feedback. The process is being created as we go. Public Communication Andrea Keikkel, Executive Director of the Chamber of Commerce read a letter that was sent to the Mayor Cooke and City Council on behalf of the Chamber The letter was in regard to the proposed Union Gospel Mission day shelter for men in downtown Kent. The Chamber encourages the city to vet all applicants for use of the building. To research and fully disclose to the community the financial pros and cons of a contract of this magnitude. They urge the city to slow down and not be influenced by politics or pressure from interested parties. The Kent Chamber of Commerce believes that when dealing with this building, the most important aspects are financial feasibility, full community input, creating fair and balanced process and looking to the future regarding the revitalization of downtown Kent (see attached letter). Barb Smith, Executive Director of Kent Downtown Partnership (KDP) reported that approximately 55 people attended the recent information sharing forum sponsored by the Kent Downtown Partnership. The end result was that the majority asked the city to slow down. They are compassionate with the homeless issue, but are concerned with moving too quickly and with that location as the only means to fix the problem. She will forward the comments from the meeting on to the city. Jim Renton, a volunteer for the Volunteer Planning Activity for Homeless has worked at the Food Bank and with the homeless for four years. In speaking with many homeless, he feels they need an opportunity to learn new skills. He wants to participate in a committed conversation to look holistically at the reason why the homeless are in this situation and to find a way to help them become productive individuals. Page 5 Wade Schwartz of Panther Lake resident and Human Services Commissioner said that we need to enhance the resources. He has come before to the Council in the past to request resources for the homeless. He feels a band-aid approach does not work. He is concerned with the aggressiveness of putting another non-profit in Kent and feels that we need to look at outside resources already established and move forward with them. Mr. Schwartz said that we need to take care of what we have and "grow them" as a whole. He would like an RFP available to all of the services available in the community. He is concerned with the utilization of that building. He wants the group to go about it slowly; to take a look at what we're doing now with current human services. He feels we need to stop and see what we want to do before we go ahead and do it. Lesli Himata, Covington, WA of Kent Hope and Director of Emergency Kent Services for Kent United Methodist Church and has dealt with human service issues for eight years. She said that Kent Hope and Union Gospel Mission and the volunteers and agencies assisting them have the enthusiasm, history and expertise in running this kind of operation. She doesn't feel that this has been a fast process because her group has been working on this for eight months. Kent United Methodist has given approximately $36,000 to the community for emergency assistance and to Kent for water bills for low income. She feels that an RFP was already out and no one had funding or expertise, but now there is a great proposal with Union Gospel Mission and Kent Hope, along with 224 volunteers, multiple churches and agencies, including case management from Valley Cities. She feels if this process is put out again, the city might lose the enthusiasm and expertise. She said this is a funded mandate. Mark Johnson of Union Gospel Mission agreed with the spirit of what Ms. Keikkela said. He feels Union Gospel Mission values community process and they want to serve the entire community. He wanted to say that they are happy to work with any process that the city feels is most appropriate. He hopes he has demonstrated their desire to be available and to be a part of the conversation and to bring a broad base of folks from the community. He understands the need to attend to multiple considerations and interests of the city and not just this aspect. He asked for a process to clearly define expected outcomes and how they will be reported. He feels that using the building for free is to provide a public good. He agrees that a thorough process is necessary to generate the sense that this is what the community values and wants to do; he appreciates trying to balance the need and the need to do something about this now. He hopes the best policy can be found to move forward and whatever the committee decides of what that through and community based process maybe. He has enjoyed the opportunity to work with Katherin, Jeff and Council through this process. Elizabeth asked Mark to define the statement of faith for employment. Mark responded that Union Gospel Mission is officially an association of churches. As a result of that, UGM has a statement of faith that employees agree to and only hire persons able to adhere to that statement. In Seattle they are not available to Page 6 i participate in the City of Seattle Human Services contracting process because Seattle view them as discriminatory in their hiring practices. They are allowed to practice in that discrimination. Elizabeth asked if UGM discriminates against gays and lesbians. Mark said there is no specific policy. He confirmed that Seattle Union Gospel Mission does not discriminate as a service provider whatsoever, but does in their hiring practices - by law to protect their identity. Debbie thanked Mr. Johnson for being open to the questions as well as to the proposed community process. Mark said that they believe in and support a community based process. We believe any successful long term intervention involving homeless requires time and combined efforts. Bill Hallerman, Agency Director of King County Catholic Community Services (CCS) and a Human Services Commissioner said that this is the first time he's heard of a proposal and feels it makes sense. He's learned that partnerships with businesses and community government take time so that everyone is on the same page. CCS is faith-based and is held accountable for their services. Time is necessary to look for gaps. The balancing with business needs to feel comfortable. He supports the idea of support groups and feels the timeline proposed by the city is reasonable. Elizabeth stated that Kent Hope has been working on this for some time, but other groups haven't had the same amount of time. In addressing the comment of redundancy on advertising another RFP, the first process revealed creativity, but no guaranteed funding from any of the eight proposals. Even though we have a group ready to go, what she's hearing from the public is that we need a new RFP process that includes all the stakeholders. We need to define a vision of this facility that will holistically service the homeless. The scoping phase will allow us to see what it will look like and then put it out for proposal. She supports a process, but wants it separate from human services because it's not a cash grant, but it should include deliverables and potentially become a model for non profit agencies. She would like to see it put out quickly but not cost the city a lot. Katherin explained that the process would be a separate application. Programs need to be reviewed and it needs to have a facility piece. We need to look at the improvements that need to be made and how will it be paid for because the city doesn't have any money in the budget for renovations. It will be under separate review and due date. The timeline is necessary for the Human Services Commission and staff the time to run through the process. Page 7 i Ranniger noted that this would be a hybrid that would include participation from the community, agencies, and businesses. It would give the broader community an opportunity to be a part of that review process. Jeff confirmed that it would be a separate process and a separate discussion. Dana said the city needs to get the whole picture and we need a defined process. This is about all aspects of the community and we need to gather input from the entire community. She would rather have questions now, rather than have to defend later. She appreciates UGM's willingness to work through this. This process allows us to make the best decision for the community. The committee confirmed that they are all comfortable with the three phase process and they appreciate the focused approach in the scoping phase. Katherin announced that Jason is taking the lead and his experience will be invaluable. Jason is a member of the Board of Directors for South King County on Homeless and they are asking the same questions. He is currently conducting focus groups on these issues in other areas of the county. Debbie feels that the expedited and thorough three-phase process makes sense. It is important to involve our stakeholders and pay attention to gaps. It will address any concerns the community may have and it is a good way to get deliverables. She feels that an education piece for employment would be an important component to include in the scoping process. An official motion is not necessary because no decision for use of the building has been made yet. Jeff suggested that staff will work in short order with the Mayor's office and take an outline of these three phases to Council under Reports on the Council agenda. City.Attorney Tom Brubaker, announced there is no need for a motion on this issue. Jeff said that formal action would take place when/if there is a lease agreement. Item No 44 Kent Municipal Court Remodel Procurement Code Requirements - Authorize Jeff introduced Alex Ackley, the new Superintendent of Facilities. Jeff reported that the city's facilities division is acting as the construction manager for the remodel of the Kent Municipal (formerly Aukeen) court building. Estimated savings from using city forces to conduct the work is in the range of $600,000 to $800,000. In order to complete the work, the city will make numerous purchases for goods or services on an individualized basis. This will include items as simple as a trip to the hardware store to pick up nuts and bolts or as comparatively large as the purchase of all furniture for the remodeled space. Normally, under the city code, we do not "split" bids on purchases that are part of a larger, single project. However, in this unusual instance where the city is the construction manager and purchases every individual item, it would be impractical Page 8 to, for example, go out to bid to buy 3 sheets of drywall. Using this approach would increase costs and cause enormous delay. Accordingly, the city asks that staff be able to apply the procurement code limits to individual purchases as outlined in the City Procurement Code. In this manner, institutional controls put in place by the council remain in effect for individual purchases, while at the same time allowing for efficient, cost-saving construction. Spending authorization will remain the same. Jeff announced that six contracts will be coming back to them for approval next month. Elizabeth moved to authorize the city, as construction manager, to apply the city's procurement code requirements to purchases of individual products, services, and supplies for the Kent Municipal Court remodel, and to ratify all acts consistent with this motion. Dana seconded. The motion passed 3-0. i Item No. 5: 2012 Highline School District Contract for Camp Waskowitz Facility Rental - Authorize Lori'Hogan, Superintendent of Recreation and Cultural Services stated that annually the city rents the Camp Waskowitz facility in North Bend for one week, August 6 - 10, in 2012 from the Highline School District #401. Children entering 5tn 6th and 7t" grades in the Fall of 2012 can sign up for this one week summer resident camp. The revenue generated from program fees collected for camp covers the entire rental fee. Dana moved to recommend authorizing Mayor Cooke to sign the 2012 Contract with Highline School District to rent the Camp Waskowitz Facility. Elizabeth seconded. The motion passed 3-0. Lori distributed the 2012 Trade Shows/Tournaments/Special Events chart. Item No. 6: 2012 Washington State Slo-Pitch Umpires Association Agreement - Authorize Lori explained that participating teams in the city of Kent Adult Softball Program annually select their preferred umpires association to provide umpire coverage for league play. Each year, up to 180 teams will play in league games covered by the Washington State Slo-pitch Umpires Association Agreement. As a result, the 2012 contract will likely exceed $25,000.00. Participant fees cover all costs for this program. Elizabeth moved to recommend authorizing the Mayor to sign the Washington State Slo-pitch Softball Umpires Association Agreement for the 2012 season. Dana seconded. The motion passed 3-0. Item No. 7: 2012 King County ASA Umpires Association Agreement - Authorize Lori noted that participating teams in the City of Kent Adult Softball Program Page 9 i annually select their preferred umpires association to provide umpire coverage for league play. Each year up to 180 teams will play in league games covered by the King County ASA Umpires Association. As a result, the 2012 contract will likely exceed $25,000.00. Participant fees cover all costs for this program. Dana moved to recommend authorizing the Mayor to sign the King County ASA Umpires Association Agreement for the 2012 season. Elizabeth seconded. The motion passed 3-0. Item No. 8: Director's Report The Parks and Human Services Committee meeting for March 15, will be cancelled and re-scheduled to March 8, due to scheduling conflicts for Debbie Ranniger. Staff is transitioning from assisting Public Works on right-of-way clean up to park clean up from storm damage. In a reciprocal effort, Public Works crews are helping Park's crews to clean up the parks. Three bids were received for the netting replacement at the Riverbend Driving Range. Three bids were received and below the Auditor's estimate. The netting replacement is scheduled to begin on March 5. Jeff thanked Council for moving promptly on the procurement waiver which allowed staff to order the new netting in a timely fashion for earlier installation. You Me We The second annual You Me We event is Friday, February 24, from 6:00 p.m. to 9:30 p.m. at ShoWare. There are 44 vendors with family friendly activities, and 10 performers will entertain on stage. Adjournment The meeting adjourned at 6:35 p.m. re,ri, etroae Teri Petrole Council Committee Secretary Parks and Human Services Committee Page 10 PUBLIC WORKS COMMITTEE Minutes of Monday, March 5, 2012 COMMITTEE MEMBERS PRESENT: Committee Chair Elizabeth Albertson arrived a late. Committee members Dennis Higgins and Dana Ralph were present. The meeting was called to order at 4:04 p.m. The order of the agenda was changed in order for the action items to be heard upon Albertson's arrival. Item 1— Approval of Special Meeting Minutes Dated February 13, 2012: Ralph MOVED to approve the minutes of February 13, 2012. The motion was SECONDED by Higgins and PASSED 3-0, with Albertson's concurrence. Item -2 4—Regional Fire Authority (RFA) — 72"d Avenue Extension: Larry Rabel, Regional Fire Authority (RFA) Community Liaison gave a PowerPoint presentation showing the level of service, current response times without 72nd Avenue Extension and a theoretical map of response times with the 72nd Avenue Extension. Rabel stated that the Kent Regional Fire Authority (RFA), (formerly Kent Fire Department) has supported the 72nd Avenue South project for a number of years. This project will benefit the RFA by reducing travel and response times, and allow the RFA to meet adopted level of service to the areas north and east of the missing roadway section without the need to construct a new Fire Station, saving the RFA millions of dollars. Regional drainage improvements for the project will be about $600,000. Knowing the benefit of the project to the RFA, City and RFA staff has discussed a financial contribution to the project. RFA staff believes a contribution of $600,000 could be supported by the RFA Board, based on a request from the City. Albertson MOVED to recommend Council authorize the Mayor to send a letter to the Kent Regional Fire Authority requesting a contribution of $600,000 to the 72"d Avenue South Extension project. The motion was SECONDED by Ralph and PASSED 3-0. Item 3 5 — Transportation Improvement Board (TIB) 72"d Avenue Grant: Design Engineering Supervisor, Ken Langholz gave a PowerPoint presentation explaining the 72nd avenue project. As stated earlier in the meeting, this section has been planned for a number of years. Due to environmental issues, the project has taken some time. Since the mid 1990's, Public Works has been working with the Western Processing Trust, which is being administered by the Boeing Company, to complete roadway improvements along S. 1961h Street and for the future 72nd Avenue S. extension. Page 1 of 6 PUBLIC WORKS COMMITTEE Minutes of Monday, March 5, 2012 The City has acquired most of the right-of-way necessary to construct the roadway. In 2011, the last large piece of right-of-way was obtained from the Boeing Company. Only one small section of right-of-way is required from Western Processing. The City competed for and was successful in receiving a grant from the Washington State Transportation Improvement Board for $1,182,420 which is roughly 50% of the estimated $2,400,000 project cost to complete the 72nd Avenue South Extension. The City's matching share is $1,200,000; Engineering is exploring funding options with the Regional Fire Authority, which has an interest in seeing the project completed because it would reduce response times in the north end of the valley. Ralph MOVED to recommend Council authorize the Mayor to sign the Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement for the 72"d Avenue S. Extension subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Albertson and PASSED 3-0. Item 4 6— Smith and Lincoln Intersection — Acceptance of Property from WSDOT: Project Engineer, Garrett Inouye gave a PowerPoint presentation explaining the Smith and Lincoln Project. He went on to note that in the mid-1960's the Washington State Department of Transportation (WSDOT) acquired property along Lincoln Avenue near Smith Street for the construction of State Route 167. As part of the City's Smith and Lincoln intersection project we are constructing new sidewalks on a portion of this property. WSDOT granted the City a permit to allow this work to commence. WSDOT has agreed to surplus the property to the City at no cost other than recording fees which will come out of the project budget. In order to complete this transaction, the City must sign a quit claim deed and associated documents. Albertson MOVED to recommend Council authorize the Mayor to a sign quit a claim deed to accept property from the Washington State Department of Transportation subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Ralph and PASSED 3-0. Item S 7 — South 224th Street Improvements — Acceptance of Property from Washington State Department of Transportation: Project Engineer, Garrett Inouye gave a PowerPoint presentation explaining the South 224th Street Project. He went on to note that in the mid-1960's, the Washington State Department of Transportation (WSDOT) acquired property Page 2 of 6 PUBLIC WORKS COMMITTEE Minutes of Monday, March 5, 2012 adjacent to the future State Route 167 to provide access for construction vehicles. Since then, these properties have been used as public roads. Typically, WSDOT would have surplused these properties to the local jurisdiction. However, this never happened, and the oversight was not discovered until the City started pursuing property rights for the S. 224th Street Project. As a "housecleaning" measure, WSDOT is surplusing these properties to the city at no cost to the city other than recording fees, which will be paid out of the project budget. This will save the city a significant amount of money versus purchasing a similar area for right-of-way. Ralph MOVED to recommend Council authorize the Mayor to a sign quit a claim deed to accept property from the Washington State Department of Transportation subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Albertson and PASSED 3-0. Item 6 8— South 224th Street LID 363 — Set Final Assessment Hearing: Design Engineering Supervisor, Ken Langholz and design Engineering Manager Mark Howlett gave an informative PowerPoint presentation, explaining the South 224th Street Project, the L.I.D. process and artist's renditions of what the new road will look like. The S. 228th/224th Street Corridor has been planned since the mid-80's. The need for this arterial corridor was forecast as additional growth on the East Hill plateau required the need for arterial corridors to connect with the SR-167 and I-5 freeways. The S. 224th Street project is the easterly section of the corridor, the westerly section (S. 228th St. Extension) was completed in 2007. Commercial and residential developments in the area of this project that were constructed since 1986 were allowed, under the understanding that the easterly section would be built to accommodate the additional traffic generated. Each development was required to sign an Environmental Mitigation Agreement (EMA), agreeing to fund a portion of the project via an upfront contribution or by taking part in a Local Improvement District to pay the obligation over time. Many property owners have already paid their obligations however, a majority, have not. In order to proceed with this project, the City Council formed L.I.D. 363 on December 9, 2008 and directed staff to proceed with the project. Construction on a portion of the project along S. 218th Street will start in 2013. The L.I.D. would be finalized in 2012 in order to sell L.I.D. bonds and provide roughly $11-million of the $25-million total project cost. Work is anticipated to begin with improvements on S. 216th/218th Streets, improving existing roadways in preparation for a new bridge over SR 167, and the additional traffic that will Page 3 of 6 PUBLIC WORKS COMMITTEE Minutes of Monday, March 5, 2012 use the new connection. We are ready to finalize the L.I.D. to secure the L.I.D. funding. Completing this step will also increase the likelihood of state or federal grant awards. The next step is to schedule the public hearing on the confirmation of the final assessment roll. Albertson MOVED to recommend that the City Council authorize staff to set a date time and place for the Public Hearing to confirm the final assessment roll for Local Improvement District No. 363 and to designate the Public Works Committee to act as the Board of Equalization for that hearing. The motion was SECONDED by Ralph and PASSED 3-0. This item will be brought to the full council under Other Business at the March 20, 2012 Council meeting. Item -7 2— Information Only/ Recvclina Event: Conservation Coordinator, Gina Hungerford noted that the annual Spring Recycling Event will be held March 17th, 9:00am-3:00pm, at Russell Road Park. Residents are invited to bring items not easily recycled at the curb including: • Appliances and Scrap Metal • Propane Tanks • Toilets and Sinks • Small Electronics • Tires • Bulky Yard Debris • Styrofoam blocks and Packing Peanuts NW Center will be on site to collect reusable household goods. This event is paid for by the Dept. of Ecology Coordinated Prevention Grant, the King County Waste Reduction and Recycling Grant, the Local Hazardous Waste Management Program Grant. It will be FREE for City of Kent residents-no user fees will be charged. Flyers with more details will be going out in the mail in the first week of March. For a list of what to bring, visit KentRecycles.com. This even is for Kent residents only. One week later, on March 24 at 9:00am, the City of Kent will be hosting the annual Composter & Rainbarrel Sale at Russell Road Park. Composters will be available for $25.00 and Rainbarrels for $35.00, while supplies last. For more information Gina Hungerford can be reached at (253) 856-5549. No Motion Required/Information Only Page 4 of 6 PUBLIC WORKS COMMITTEE Minutes of Monday, March 5, 2012 Item S 3— Information Only/2011 Miscellaneous Sewer Improvements: Paul Kuehne, Construction Manager and Jason Bryant, Senior Inspector were introduced by Public Works Director, Tim LaPorte. LaPorte gave a back drop to the discussion. City Engineer, Chad Bieren went on to explain that he was here to advise Council that cumulative costs for this project are in excess of the award amount by more than 10%. A PowerPoint presentation was presented showing The original award was $2,363,636.70. Charges to date are $2,877,988.57, or roughly 22%. Final restoration is nearly complete. Additional costs are directly related to unforeseen utility conflicts and costs for additional select material used for roadway restoration. The additional costs will be charged to the Sewer Fund. Bieren showed photos of various aspects of the job that precipitated the cost over runs. No Motion Required/Information Only Item 9 11 - Information Only/2012 Capital Work Plan: Tim LaPorte gave a brief presentation and overview of the 2012 Capital Work Plan. Information Only/No Motion Required Item 3-G 9 — Information Only/Infrastructure — Citizens Committee Composition and Schedule: Tim LaPorte, Public Works Director passed out copies of the individuals that have either already served on the TMP Citizen's Committee previously or that have shown interest in serving or that may be interested in serving on a Transportation Committee. LaPorte, asked for committee's recommendation to authorize staff to contact the list of people and to set up a date, time and place for the meetings. Staff was asked to broaden the current list to include different geographical areas and broader demographics and to set a date, time and place for the Transportation Committee. The Committee would build upon what the TMP Committee has already worked on and to look at long range planning and figure out possible funding sources for those projects. It was noted that committee members understood that the standing Transportation Master Plan Citizen's Committee would stand apart from this committee, but that those committee members were invited to work on this committee as well. Information Only/No Motion Required Page 5 of 6 PUBLIC WORKS COMMITTEE Minutes of Monday, March 5, 2012 Item 34 10 — S 228th, Willis Street & 212th Grade Separation Freight Mobility Strategic Investment Board (FMSIB) Letter: Tim LaPorte, Public Works Director discussed a letter from Karen Schmidt, Executive Director of the Washington State Freight Mobility Strategic Investment Board (FMSIB), to Mayor Cooke outlining the need for a Council decision on FMSIB-sponsored railroad grade separation projects at S. 228th Street, S. 212th Street and Willis Street. As noted in the letter, Kent has been granted $3.25- million for S. 228th St/Union Pacific (awarded in 2000), $10-million for S. 212th St/Union Pacific (UP) & Burlington Northern Santa Fe (BNSF) (awarded in 2004), and $4-million for Willis St/UP & BNSF (awarded in 2004). Projects that do not have a viable financing plan and project schedule will be moved to the deferred projects list by the FMSIB Board at the May 23, 2012 meeting in Yakima. The $3.25-million available for S. 228th St/UP was originally awarded as part of $8.5-million for the S. 228th Street Corridor. The S. 228th Street Corridor is a three phase project: Phase I — S. 228th St Extension ($2-million FMSIB funding, completed in 2006), Phase II — S. 228th St/BNSF ($3.25-million FMSIB funding, completed in 2008) and Phase III — S. 228th St/UP ($3.25-million FMSIB funding available). The City is committed to construct the S. 228th St/UP project because grant funds were used across the first two phases of the project. On Willis St. and S. 212th St, no funds have been expended that would require the City to complete either project. There is an existing, $800,000, no-match federal grant on Willis Street that can be used to complete analysis of the project without requiring build out under a specified timeframe. As noted in the letter, projects placed on the FMSIB Deferred Projects List may or may not be eligible for funding at a later date depending on availability of funds. The meeting was adjourned at 6:09 p.m. Cheryl Viseth Council Committee Recorder Page 6 of 6 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION