HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/03/2012 CITY OF KENT
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Agenda
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April 3, 2012
Mayor Suzette Cooke
Dennis Higgins, Council President
Councilmembers
Elizabeth Albertson
m Bill Boyce
Jamie Perry
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Dana Ralph
u Deborah Ranniger
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Les Thomas CIFY CLERK
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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. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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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.
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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.
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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.
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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
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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
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' 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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION