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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/17/2012 CITY OF KENT Agenda fiir„bow a� f/i tiil(1� '/f/%' ✓� % ilia Y/ IlJJ�Ji K����u`�f d July 17, 2012 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers Elizabeth Albertson m Bill Boyce jj Jamie Perry x Dana Ralph Deborah Ranniger u N'¢ Les Thomas homas C,-ry CLERK m �, KENT CITY COUNCIL AGENDAS KENT July 17, 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 ********************************************************************** SPECIAL COUNCIL WORKSHOP AGENDA 5:00 p.m. Item Description Speaker Time 1. Intergovernmental Issues Michelle Wilmot 10 minutes 2. Biennial Budget Update Bob Nachlinger 30 minutes 3. Strategic Plan John Hodgson 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. National Night Out Proclamation D. Chief for a Day Proclamation E. Public Safety Report 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. Consultant Services Agreement for Deferred Compensation - Authorize D. Investment Policy Amendment Ordinance - Adopt E. Hawkesbury Division I Final Plat - Approve (Continued) COUNCIL MEETING AGENDA CONTINUED F. Excused Absence Councilmember Thomas — Approve G. Chase Bank, Bill of Sale — Accept H. Killa Hans Short Plat, Bill of Sale — Accept S. OTHER BUSINESS 9. BIDS A. Boeing Secondary Levee and Floodwall 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Negotiations 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Regional Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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L N FLU U +' W W '� UZW >- C , u , - Vl v O a� 6 a K in V m Q V > 4 a QF � m0 Q mU �, l_ ti COUNCIL WORKSHOP 1) Intergovernmental Issues 2) Biennial Budget Update 3) Strategic Plan 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) National Night Out Proclamation D) Chief for a Day Proclamation E) Public Safety Report PROCI A Ow Whereas, the NationaC Association of Town Watch is sponsoring a unique nationwide crime and drug prevention program on .August 7, 2 012 caCCed"NationaCNight Out",- and "Whereas, the City of Xent prays a vitaCroCe in assisting our Police Department through joint crime and drug prevention efforts in the City of .Cent and is supporting "NationaC .Night Out" CocaCCy; and Whereas, it is important that aft citizens of the City of Xent know the value of crime prevention programs and the impact that citizen participation can have on reducing crime anddrug abuse; NOW, 29-f2REFORE, I, Suzette Cooke, Mayor of.Cent, do hereby proclaim .August 7, 2012 as "XMIO.NAl .NIGHT OUT1 In the City of .?Cent, Washington, and I encourage all citizens, neighborhoods and communities to participate in the City's crime prevention efforts to more tightCy weave the fabric of the community andstrengthen community spirit. In witness whereof, I have hereunto set my hand and caused the sear of Xent to be affixed this 17th day of JuCy 2012. zette Cooke, Mayor KENT WASHINGTON 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 H. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of July 3, 2012. 7B. Approval of Bills. Approval of payment of the bills received through June 15 and paid on June 15 after auditing by the Operations Committee on July 3, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount 6/15/12 Wire Transfers 5091-5113 $1,856,906.66 6/15/12 Regular Checks 664150-664546 1,486,111.35 Void Checks 664526 (419.60) 6/15/12 Use Tax Payable 2,373.90 $3,344,972.31 Approval of checks issued for payroll for June 1 through June 15 and paid on June 20, 2012: Date Check Numbers Amount 6/20/12 Checks 328048-328230 $ 119,786.47 Voids & Reissues 328047 0.00 6/20/12 Advices 299312-299958 1,216,367.97 $1,336,154.44 y RCN i Kent City Council Meeting July 3, 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 added Public Communications Item D and Consent Calendar Item L. B. From the Public. (CFN-198) No changes were made by the public. PUBLIC COMMUNICATIONS A. Public Recoanition. (CFN-198) Mayor Cooke noted that the City was successful in receiving a conditional letter of map revision from FEMA on the Horseshoe Bend Levy. Public Works Director LaPorte explained the process of this accreditation and that it is a very important step in the process. Mayor Cooke congratulated Harpreet Gill on her award from the South King County Human Services group. B. Community Events. (CFN-198) Higgins announced the upcoming events at the ShoWare Center. Ranniger announced the summer events taking place in Kent. The Mayor announced the plays at "At the Ridge Theatre" will be at Kentridge High School this summer. C. South Sudan Independence Day Proclamation. (CFN-155) Mayor Cooke read the proclamation and introduced Charles Benea and Nixon Joseph, who expressed their gratitude and accepted the proclamation. ADDED D. 4th of July Proclamation. (CFN-155) Mayor Cooke read the proclamation and introduced Don Whittington, the post commander of the Kent American Legion who accepted the proclamation on behalf of all veterans. CONSENT CALENDAR Higgins moved to approve Consent Calendar Items A through L. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of June 19, 2012, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through May 31 and paid on May 31 after auditing by the Operations Committee on June 19, 2012, were approved. 1 Kent City Council Minutes July 3, 2012 Checks issued for vouchers were approved: Date Check Numbers Amount 5/31/12 Wire Transfers 5078-5090 $1,607,121.39 5/31/12 Regular Checks 663604-664149 3,603,151.60 5/31/12 Use Tax Payable 7,371.19 $5,217,644.18 C. Fiber Community Connectivity Consortium Resolution. (CFN-1155) Resolution No. 1861, acknowledging the formation of the Community Connectivity Consortium and its charter was adopted and the Mayor was authorized to sign all necessary documents to enter into an interlocal agreement between the city of Kent and other government agencies for the construction and management of fiber optic projects, subject to final terms and conditions acceptable to the Information Technology Director and City Attorney. D. EarthCorps Services Grant Agreement. (CFN-118) The expenditure of King Conservation District grant funds in the amount of $6,650 to contract with EarthCorps for services at Earthworks Park in accordance with the grant terms and conditions was authorized, subject to approval of final terms and conditions acceptable to the Parks Director and City Attorney. E. Lake Fenwick Proiect Aareement Amendment. (CFN-118) The Mayor was authorized to sign amendment number nine with Berger/ABAM in the amount of $29,989 for additional design services on the Lake Fenwick Floating Walkway Project, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. F. Wilson Plavfield Proiect Agreement. (CFN-118) The Mayor was authorized to sign the agreement with Sports Install West for $29,689.40, plus Washington State Sales Tax, to complete maintenance repairs at Wilson Playfield, subject to review and approval by the City Attorney and the Parks Director. G. King County Flood Control District Subregional Opportunity Fund. (CFN-1038) The Mayor was authorized to accept $329,417 for the Horseshoe Bend Levee Project and $253,121 for the State Route 516 to S. 231st Way Levee Project from the King County Flood Control District Subregional Opportunity Fund, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. H. Bridae Inspection Agreement. (CFN-1038) The Mayor was authorized to sign the 10-year bridge inspection agreement with the Washington State Department of Transportation for $22,277, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. I. Goods and Services Agreement for Two Generators. (CFN-1038) The Mayor was authorized to sign the goods and services agreement with Cummins Northwest, LLC to purchase two (2) standby generators in an amount not to exceed $37,757.79, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 2 Kent City Council Minutes July 3, 2012 J. Materials Testina & Inspection Contract-Boeina Levee. (CFN-1318) The Mayor was authorized to sign the consultant services agreement with Jason Engineering and Consulting Business, Inc., in an amount not to exceed $17,945, for materials testing and inspection services related to the Boeing Levee, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. K. LID 363 Final Assessment Roll. (CFN-1308) The cancellation of Local Improvement District (LID) 363 Final Assessment Roll Hearing and setting the hearing date for July 25, 2012, at 1:30 p.m. in the Kent City Council Chambers was confirmed. ADDED L. Kina County Sheriff's Office Cost Reimbursement Agreement. (CFN-122) The Kent Police Department was authorized to accept the grant funds from the King County Sheriff's Office in an amount not to exceed $68,295.91 and the Mayor was authorized to sign the agreement, amend the budget and expend the funds in accordance with the grant terms was authorized. BIDS A. Meridian Valley Creek Enhancements. (CFN-470) Public Works Director LaPorte explained this project and recommended award to Terra Dynamics, Inc. Albertson moved to award the Meridian Valley Creek Enhancements Project to Terra Dynamics, Inc. in the amount of $243,740.16 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Higgins seconded and the motion carried. B. Central Avenue South Storm Water Forcemain Phase II. (CFN-117) Public Works Director LaPorte explained this project and recommended award to the low bidder. Albertson moved to award the Central Avenue South Storm Water Forcemain Phase II project to Goodfellow Brothers, Inc. in the amount of $782,386.26 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Ralph seconded and the motion carried. REPORTS A. Council President. (CFN-198) Higgins announced a special workshop will be held on Monday, July 16 at 5:00 p.m. He noted that at tonight's workshop there was also discussion on extending the workshop and changing the council meeting time. B. Mayor. (CFN-198) Mayor Cooke explained the process the fireworks ordinance has taken and stressed that the public should call 911 and report anyone breaking the law. Mayor Cooke thanked council members for advance approval of the contract to remove sandbags and added that the prep work will start on Monday and removal of the sandbags on Tuesday, July 10. C. Administration. (CFN-198) Hodgson reported that due to the healthy sale of liquor stores, Kent will be receiving a one-time revenue amount of $468,000, which will offset this year's reduction by the State. He added that there will be a 10-minute 3 Kent City Council Minutes July 3, 2012 executive session to discuss property negotiations and there will be action after the meeting. D. Economic & Community Development Committee. (CFN-198) Perry noted that the next meeting will be Monday, July 9 at 5:30 p.m. E. Operations Committee. (CFN-198) No report given F. Parks and Human Services Committee. (CFN-198) No report given. G. Public Safety Committee. (CFN-198) Boyce noted that the meeting on Tuesday, July 10 has been cancelled and the next meeting will be August 14. H. Public Works Committee. (CFN-198) Albertson noted that the meeting for Monday, July 2 was cancelled, a special meeting will be held on July 23 at 4:00, and a regularly scheduled meeting on July 16 at 4:00. She reminded her two colleagues of the LID Hearings Board on July 25 from 1:30-6:00. I. Reaional Fire Authority. (CFN-198) Thomas also noted the ordinance for fireworks and explained the importance of education, encouragement to help parents get involved and enforcement. He stressed the importance of calling 911 when you see someone using illegal fireworks. EXECUTIVE SESSION The meeting recessed to Executive Session at 7:42 and reconvened at 7:49 p.m. A. Property Negotiations. (CFN-239) CAO Hodgson gave a summary of the property being sold. Albertson moved to authorize the Mayor to sign all necessary documents to complete the sale of the Ramstead Pointe properties to Curtis Laing Homes in the amount of $800,000, less closing costs and other transactional costs, subject to approval of the final terms and conditions by the City Attorney. Higgins seconded and the motion carried. ADJOURNMENT The meeting adjourned at 7:55 p.m. (CFN-198) Mary Simmons Deputy City Clerk 4 �1 KENT Kent City Council Workshop July 3, 2012 Council Members Present: Albertson, Boyce, Higgins, Perry, Ralph, Ranniger and Thomas. The meeting was called to order at 5:00 p.m. by Council President Higgins. Infrastructure Fundina. The Council President outlined the proposal that the Ad Hoc Committee is recommending. That was followed by a lengthy discussion on the proposal, funding, and timing. Council members discussed meeting time changes for the workshop and council meeting. Council members then agreed to meet for a special meeting on July 16, 2012, at 5:00 p.m. to continue discussing infrastructure funding. The meeting adjourned at 6:35 p.m. Mary Simmons Deputy City Clerk KENT Agenda Item: Consent Calendar - 7C TO: City Council DATE: July 17, 2012 SUBJECT: Consultant Services Agreement for Deferred Compensation - Authorize MOTION: Authorize the Mayor to sign the WAS Group consulting services contract for the City's deferred compensation program, subject to final terms and conditions acceptable to the Human Resources Director and City Attorney. SUMMARY: The City is recommending a three-year ongoing services contract with WAS Group, LLC, to provide fiduciary review and oversight of employee-owned deferred compensation (457) investment accounts. Through this contract, WAS Group assumes co-fiduciary responsibility with the City and agrees to monitor and analyze the performance of plan investment options. EXHIBITS: WAS Group Administrative Services Agreement RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Expenditure $36,000 per year, currently in the budget. KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Hyas Group, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Hyas Group, LLC organized under the laws of the State of Oregon, located and doing business at 108 NW 9th Avenue, Suite 203, Portland, Oregon (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: • Investment Performance Monitoring: Contractor will conduct quarterly performance reviews for the City of Kent 457 Deferred Compensation Plan • Investment Manager and Plan Adminisitration Provider monitoring and due diligence: Contractor will monitor key staffing changes, regulatory and legal issues, the organizational stability and the financial positions of the firms providing investment management and plan administration services to the 457 Plan • Investment Manager Search and Selection: Contractor will perform searches for investment managers to supplement or replace existing Plan investment mangers as directed by the Committee. • Investment Policy Statement: Contractor will review and assist with maintaining the Plan's Investment Policy Statement. • Education/Communication and Training: Contractor will provide comprehensive guidance to the Committee and Plan Administrator to assist their administration of the Plan. • Co-Fiducary Role: Contractor agrees to serve as a co-fiduciary to the City's 457 Deferred Compensation Plan • Ongoing support and response to informational requests assigned by the City. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I within each quarter. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $9,000 per calendar quarter, fixed for a three-year term beginning July 1, 2012 for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit (NA). B. The Consultant shall submit quarterly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit [Insert Exhibit #] attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. 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. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) CONSULTANT: CITY OF KENT: Gregory T. Settle [Insert Name of City Rep. to Receive Notice] Hyas Group City of Kent 108 NW 9th Avenue, Suite 203 220 Fourth Avenue South Portland, OR 97209 Kent, WA 98032 (971)634-1505 (telephone) (253) [Insert Phone Number] (telephone) (971) 275-1856 (facsimile) (253) [Insert Fax Number] (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field.You may enter the electronic filepeN where the contact has been saved] CONSULTANT SERVICES AGREEMENT - 6 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20 . By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 _. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: July 17, 2012 SUBJECT: Investment Policy Amendment Ordinance — Adopt MOTION: Adopt Ordinance No. , amending Chapter 3.02 of the Kent City Code entitled "Investment Policy," updating delegation of authority and eliminating designated institutions for collateral advances. SUMMARY: City Council recently amended its Financial Policies. Those amendments also impact our existing investment policies, requiring adjustment. In addition, since 1996, the City has undergone reorganization making amendments necessary to various titles of delegates of authority. Finally, due to the economic downturn and bankruptcies of lending institutions, amendments are necessary to eliminate designated institutions for collateral advances. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 3.02 of the Kent City Code entitled "Investment Policy," updating delegation of authority and eliminating designated institutions for collateral advances. RECITALS A. The City's current investment policy for City investments, set forth in the Kent City Code Chapter 3.02, was last amended in 1996. B. Since 1996, the City has undergone reorganization making amendments necessary to various titles of delegates of authority. C. Further amendments are necessary to eliminate designated institutions for collateral advances. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Investment Policy Amend KCC 3.02 ORDINANCE SECTION 1. - Amendment. Chapter 3.02 of the Kent City Code is amended as follows: Sec. 3.02.010. Policy. It is the policy of the city of Kent to invest public funds in a manner whiEhthat safeguards and protects the principal of the city's investments, provides liquidity in meeting daily cash flow,_ and provides the highest return possible while conforming to all Washington statutes governing the investment of public funds. Sec. 3.02.020. Investment objectives. A. The primary objectives, in priority order, of the city's investment activities shall be: 1. Safety. Safety of principal is the foremost objective of the city of Kent's investment policy. City investments of the='}y shall be made in a manner that seeks to ensure the preservation of the amount invested. 2. Liquidity. The city's investment portfolio will remain sufficiently liquid to enable the city to meet all reasonably anticipated operating requirements. 3. Return on investment. The city's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the protection of principal and state statutes. 2 Investment Policy Amend KCC 3.02 B. Rate speculation will not be a major criterion for the selection of an investment. All other criteria, including cash flow and maturity, take preference to rate expectations_ Sec. 3.02.030. Scope. This investment policy applies to all financial assets of the city of Kent. These assets are accounted for in funds or fund groups as identified in the city's comprehensive annual financial report and include: 1. General fund. 2. Special revenue funds. 3. Debt service funds. 4. Capital project funds. 5. Enterprise funds (water, sewerage, golf course). 6. Internal services funds. 7. Trust and agency funds (including Firemen's Relief and Pension Fund). S. Any new fund created by council, unless specifically exempted by council. Sec. 3.02.040. Prudence. A. Investments shall be made with judgment and care, under circumstances then prevailing, w4im that a persons of prudence, discretion and intelligence would exercise in the management of them his or her own affairs, not for speculation, but for investment, considering the probable safety of capital as well as the probable income to be derived. B. The standard of prudence to be used by investment officials shall be the "prudent person" and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and exercising due diligence shall be relieved of personal 3 Investment Policy Amend KCC 3.02 responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are timely reported in--a and appropriate action is taken to control adverse developments. Sec. 3.02.050. Delegation of authority. The finance n9anagefdirector (or his/her designee, inducting the assistant finance analyst) afeis the investment officers of the city. The finance fnan-agefdirector shall establish written procedures for the operation of the investment program consistent with this investment policy. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the finance n9anagefdirector. The finance ma�director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The finance maefdirector is authorized to determine investable balances in each fund and is authorized to invest such monies in a manner consistent with this policy and applicable law, without prior council approval of any specific investment. Sec. 3.02.060. Investment committee. An investment committee will be established consisting of the mayor (or designee),. finance nganageFdirector, assistant finanEe nganageF, finanEial analyst, the public works director, and a member of the council operations committee, —who shall be appointed by the mayor to serve a two (2) year term, a ngengbeF of the EounEil _peFatiiens Eeng ~iitteewhich term shall run concurrently with the term of the council president, except to the extent interim appointments become 4 Investment Policy Amend KCC 3.02 necessary. The committee will meet quarterly and will be established to serve in a general review and advisory capacity, taking into account the city's investment objectives, available funds and current market conditions. in addition tO FeviewingThe committee will review periodic reports fFeng the finanEial analyst including, but not limited to, the following: market value of the portfolio, percentages by type and institution, average life of the portfolio, expected cash flows, and average rate of return. with whiEh the Eity n9 . do business (See KGG 3.02.080. Sec. 3.02.070. Ethics and conflicts of interest. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program; or ••that could impair their ability to make impartial investment decisions. Employees and investment officials responsible for investment transactions shall disclose to the mayor any material financial interests in financial institutions that conduct business within this jurisdiction. They shall further disclose any large personal financial/investment positions that could be related to the performance of the city's portfolio. Employees and officers shall subordinate their personal investment transactions to those of the city of Kent, particularly with regard to the time of purchases and sales. Sec. 3.02.080. Authorized financial dealers and institutions. A. The finance managerdirector will maintain a list of financial institutions and security dealers authorized to provide investment services to the city. These may include both primary and secondary dealers that qualify under Securities and Exchange Commission Rule 15C3-I (uniform net capital rule), as may be amended, and investment departments of 5 Investment Policy Amend KCC 3.02 local banks who maintain an office in the state of Washington. in B. Institutional investment staffs shall be trained in precautions appropriate to state of Washington local government investment lawn and they shall be required to familiarize themselves with the city's investment objectives, policies and constraints. EaEh institutien se designated will sign an agFeengent stating that they have FeEeived and Fead a Eepy of this C. No public deposit shall be made except in a qualified public depository located in the state of Washington. Sec. 3.02.090. Authorized investment types. A. The city of Kent, as a Washington municipal corporation, On the state of Washing terr is authorized by this ordinance and empowered by statute (including, without limitation, RCW 39.59.020, 39.59.030, 43.84.080, and 43.250.040, including all future amendmentsRGW " '^ ^'^ as angended, to invest in the fellewing types afvarious securities, including, without limitation, the followincl:- 1. Investment deposits: Certificates of deposit, with qualified public depositories as defined in Chapter 39.58 RCW. 2. Obligations of United States Treasury: a. U.S. Treasury certificates, notes, bonds, zero coupon, strips, receipts. b. United States Treasury State and Local Government Securities (SLGS) specifically for debt issues related to arbitrage. 6 Investment Policy Amend KCC 3.02 3. Obligations of United States agencies, or of any corporation wholly owned by the government of the United States:, such as the Government National Mortgage Association. a. FedeFa' henge 'ean bank notes and bonds. b. FedeFal faFng EFedit bank netes-and bends; ices. , 54. Bonds of the state of Washington and any local government in the state of Washington, which bonds beveare rated:, at the time of investment.—&Rewithin (1) of the three {3}highest possible credit ratings of a nationally recognized rating agency. 65. General obligation bonds of a state other than the state of Washington and general obligation bonds of a local government of a state other than the state of Washington, which bonds hav are rated, at the time of investmentLe€within the three {3}highest credit ratings of a nationally recognized rating agency. -76. Utility revenue bonds or warrants of any city or town in the state of Washington. 67. Bonds or warrants of a local improvement district whiEhthat are within the protection of the Local Improvement Guaranty Fund Law. 7 Investment Policy Amend KCC 3.02 98. Banker's acceptances purchased on the secondary market, with ratings of AI/Pl. 3-G9. State of Washington Local Government Investment Pool. 1-10. For the Fireman's Relief and Pension Fund)-. only, Mutual Funds. B. The city will buy no structured securities, whiEh include jag those whose rates of return are derivative-based, with the exception of securities that have a call provision prior to maturity or those securities that have their rate of return based on a direct relationship with the federal funds rate or treasury bill rate. tning Sec. 3.02.100. Fund investment and interest allocations. Investments shall be made with excess funds and the interest earnings will be distributed as follows: Monies determined by the finance nganagefdirector ..,tee to be available for investment may be invested on an individual fund basis or may, unless otherwise restricted by law, be commingled within one (1) common fund called the treasury account. All income derived from treasury account investments shall be deposited to the funds contributing to the common fund on a pro-rata basis. Also, funds derived from the sale of general obligation bonds or revenue bonds or similar instruments of indebtedness shall be invested; or used in suEhthe manner a-,prescribed by the initiating ordinances, resolutions, or bond covenants. 8 Investment Policy Amend KCC 3.02 Sec. 3.02.110. Safekeeping and custody. All security transactions entered into by the city of Kent shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be held in safekeeping at the city's primary bank with the exception of certificates of deposits, and funds placed into the State of Washington Local Government Investment Pool, United States Treasury State and Local Uniform Governmental Securities ("SLUGS") and mutual funds, which will be registered in the name of the city. Sec. 3.02.120. Diversification. Diversification is required by the city to reduce overall portfolio risks while attaining market average rates of return. Diversification by institution, type of investment security and years to maturity shall be employed to avoid over-concentration in any of these afffengentiened areas. With the exception of obligations of U.S. Treasury securities and the State of Washington Local Government Investment Pool, no more than twenty-five (25) percent of the city's total investment portfolio will be invested in securities offered by a single issuer. Sec. 3.02.130. Maturities. A. To the extent possible, unless matched to a specific cash flow, the city will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the city will maintain a portfolio with an average life not to exceed five (5) years. However, the Fireman's Pension Fund and small amounts of water, sewer, insurance and general funds are p =~=~= }=exempt from this five (5) year rule based on prior investment portfolio history. 9 Investment Policy Amend KCC 3.02 B. The city may sell securities, if deemed appropriate, to maintain liquidity. StFehThese actions must be initiated by the investment officer, not the brokers or dealers. C. No transaction needs to be instituted when the maturity or call of a security causes the average life of the portfolio or maximum holdings per category to exceed their limits. _Any transactions conducted after suEh nfFaEtmensthese occurences shall work toward thea return to compliance. Sec. 3.02.140. Internal control. The established process of independent review will be performed annually by the state auditor's office. This review will provide internal control by assuring compliance with that policies and procedures. aFe being Eengplied with. Su This review may also result in recommendations to change operating procedures to improve internal control. Sec. 3.02.150. Performance standards. Given that the city of Kent's investment strategy is passive, the city's investment portfolio will be designed to obtain a market average rate of return equal to or greater than that obtained by the State of Washington Local Government Investment Pool. The portfolio rate of return will be calculated excluding U.S. Treasury SLUGS, which have restricted yields due to arbitrage requirements. Sec. 3.02.160. Reporting. The finanEial analystfinance director,- shall submit monthly investment reports to the ='}y Eeun that summarize the portfolio's holdings and investments by type to the city investment committee. On a quarterly basis, the €inanEialana+ystfinance director shall submit investment reports to the investment Een9n9ittee and the _ity 10 Investment Policy Amend KCC 3.02 Eeund' summarize the portfolio's average rate of return, market value and average maturity to the investment committee and the operations committee. Sec. 3.02.170. Savings eFehseState or Federal Amendments. B. If new legislation or regulation should libeFalizeamend the permitted instruments or institutions, those changes willhaes be deemed to be immediately incorporated into this policy. SECTION 2. - Savings. The existing pChapter 3.02 of the Kent City Code, which is repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 3. - SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. - 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; 11 Investment Policy Amend KCC 3.02 or references to other local, state or federal laws, codes, rules, or regulations. SECTIONS. — 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 APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2012. APPROVED: day of 2012. PUBLISHED: day of 2012. 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\Ordi na nce\In ves mentPol icyTide3.docx 12 Investment Policy Amend KCC 3.02 w," Agenda Item: Consent Calendar — 7E TO: City Council DATE: July 17, 2012 SUBJECT: Hawkesbury Division I Final Plat — Approve MOTION: Approve the final plat mylar for Hawkesbury Division I and authorize the Mayor to sign the mylar. SUMMARY: On September 13, 2007, the Hearing Examiner recommended approval to subdivide 15.2 acres into 81 single family residential lots and two stormwater tracts. On April 1, 2011 the Planning Manager approved a minor plat alteration (PTA-2009-1) creating four separate phases. Phases I and II totaling 34 lots and two stormwater tracts are being recorded as the Hawkesbury Division I final plat. The applicant has complied with the conditions required prior to recordation. The property is located at the northwest corner of the intersection of 156th Avenue SE and SE 280th Street. 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Pursuant to Chapter 12.13 KCC, each lot would be assessed an impact fee at the time of construction permit issuance to mitigate the impact of additional students on the Kent School District facilities. All stormwater runoff would be managed through construction of a stormwater retention pond/wetpond to be located in Tract A. All stormwater runoff would be infiltrated on-site. The proposed new public street system would connect the plat to SE 280th Street and 156th Avenue SE. Private access tract would connect"hidden Lots" 8, 9, 37, 38, 41, 42, 53 — 57, and 75 to the public street system. The proposed plat would be served by METRO transit service, with a bus stop bus stop located at SE 272nd Street and 156th Avenue SE, and Park and Ride facilities located along Kent- Kangley Road. Traffic impacts on adjacent city streets would be mitigated pursuant to MDNS conditions. The Applicant would construct sidewalks to provide safe walking for students and other pedestrians, including sidewalks along both sides of the new public street system and sidewalks along one side of the new private streets. In addition, the Applicant would provide for pedestrian walkways to Horizon Elementary School as required by the MDNS. Water District #111 would provide water service to the proposed plat. Sewer service would be provided by Soos Creek Water and Sewer District. The Applicant would obtain current certificates of water and sewer availability prior to final plat approval. The proposed plat would provide a mix of housing and site designs and utilize low-impact development techniques, consistent with City Comprehensive Plan goals and policies. The development density within the proposed plat would be consistent with the SR-6 zone and the SF-6 Comprehensive Plan designation. The City Planner testified that by combining nine separate tax parcels into a single plat application, the proposal presents opportunities for infrastructure improvements, including increased street and walkway connectivity. Findings 1 -22. 3. Based upon the above conclusions, the requirements of RCW 58.17.110 have been satisfied. DECISION Based on the preceding Findings and Conclusions, the request for a preliminary plat to subdivide 15.2 acres into 81 single-family residential lots, a new public street system, a stormwater drainage tract, and four private access tracts, is APPROVED, subject to the following conditions:10 A. Prior to recording the plat for this subdivision: 1. The Owner/Subdivider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or prior to recording this plat, whichever comes first. °This decision Includes conditions required to meet City Code standards as well as conditions required to reduce unique project impacts. Findings, Conclusions and Decision City of Kent Hearing Examiner Hawkesbury Preliminary Plat #SU-2006-18, KIVA #RPP3-2070246 Page 12 of 21 2. The Owner/Subdivider shall provide Public Works with a digital plat map prepared with a CAD program. The digital information can be formatted in either *.DWG (AutoCad) or *.DXF (Drawing Exchange File), but must be based upon State Plane coordinates: an assumed coordinate system is not permitted. The State Plane Coordinates shall be on the NAD 83/91 datum and must relate to at least two City of Kent reference points within one-half mile of the subdivision. In addition, the project shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional permanent benchmarks shall be established within the project. The locations, descriptions and elevations of these benchmarks will be reported at the time as-built drawings are submitted along with field notes sufficient to verify the required precision. 3. The Owner/Subdivider shall submit and receive City approval for engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: a. A public gravity sanitary sewer system to serve all lots. This development will be served by the Soos Creek Water & Sewer District and will be constructed to Soos Creek Water & Sewer District standards and specifications. The public sanitary sewer system shall be extended from the existing public sanitary sewer system and shall be sized to serve all off-site properties within the same service area; in addition, the sanitary sewer system shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area, unless otherwise determined by the sanitary sewer purveyor. The septic system serving the existing home(s) within the proposed subdivision, if any, shall be abandoned in accordance with King County Health Department Regulations. b. A public water system meeting domestic and fire flow requirements for all lots. This development will be served by Water District #111 and will be constructed to Water District #111 standards and specifications. The public water system shall be extended and shall be sized to serve all off-site properties within the same service area; in addition, the water main extension shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area, unless otherwise determined by the water purveyor. Findings, Conclusions and Decision City of Kent Hearing Examiner Hawkesbury Preliminary Plat #SU-2006-18, KIVA #RPP3-2070246 Page 13 of21 Existing wells, if any, shall be decommissioned in accordance with the requirements of the Department of Ecology. C. A stormwater system. The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual (KSWDM). Initial guidance for the Engineering Plans is given below (See Chapter 2 of KSWDM for detailed submittal requirements): (1) The Engineering Plans will include at a minimum: Site improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other related improvements. The Engineering Plans shall include a technical information report (TIR) which contains all the technical information and analysis to develop the site improvement plans. (2) An erosion and sedimentation control (ESC) plan shall be included in the engineering plans. The ESC shall meet the requirements of the CCU of Kent Construction Standards, and the 2002 City of Kent Surface Water Design Manual. These plans must reflect the Detailed Grading Plan discussed below, and the Planning Services approved Detailed Tree Plan. (3) The retention/detention and release standard that will be met by the subdivision is Level Two. The water quality menu that will be met by the subdivision is the Resource Stream Protection Menu. (4) The site improvement plans and technical information report will contain drainage calculations and a drawing of the retention/detention pond tract at an appropriate engineering scale. The site improvement plans will also show that all required stormwater management facilities will be outside of delineated wetlands and their buffers, as well as outside of creeks and rivers and their buffers. (5) A downstream analysis is required for this development, and it will include an analysis for capacity, erosion potential, and water quality. Refer to the requirements of Technical Information Reports in Section 3: "Offsite Analysis", of the 2002 City of Kent Surface Water Design Manual for the specific information required for downstream analyses. (6) Roof downspouts for each roofed structure (house, garage, carport, etc.) shall be diverted to a Roof Downspout Infiltration System Findings, Conclusions and Decision City of Kent Hearing Examiner Hawkesbury Preliminary Plat #SU-2006-18, KIVA #RPP3-2070246 Page 14 of 21 meeting the requirements of Section 5.4.5, Infiltration Trenches, of the 1998 Surface Water Design Manual. These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved dispersion system. The drainage plans shall include an approved detail for the roof downspout infiltration system. The face of the recorded plat shall contain the following restriction: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE APPROVED PLANS. (7) If determined necessary by the Public Works Department following review and approval of the required downstream analysis, the Owner/Subdivider shall provide public drainage easements meeting the requirements of the City of Kent Construction Standards for the specified downstream reach where adequate public drainage easements do not currently exist. (8) The Owner/Subdivider shall submit Landscape Plans for within and surrounding the retention/detention facility to the Planning Department and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Engineering Plans. These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, and the stormwater management landscaping requirements contained within the 1998 King County Surface Water Design Manual. Landscape Plans are required to show adjacent street trees so that the City arbonst can assess potential adverse stress upon all types of vegetation. (9) The Owner/Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works. See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant, to the 2002 City of Kent Surface Water Design Manual for information on what is contained within this document. Findings, Conclusions and Decision City of Kent Hearing Examiner Hawkesbury Preliminary Plat #SU-2006-18, KIVA #RPP3-2070246 Page 15 of21 d. A Detailed Grading Plan for the entire subdivision meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits& Grading Plans. Initial guidance for these plans is given below: (1) These plans will include provisions for utilities, roadways, retention/detention ponds, stormwater treatment facilities, and a building footpad for every lot. (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits: phasing of grading on a lot-by-lot basis will not be considered. (3) These plans will use a 2-foot maximum contour interval, and every fifth contour line will be darker, wider and labeled in conformance to standard drafting practice. e. Interim Street Improvement Plans for Southeast 280t' Street/1561h Avenue Southeast. These Interim Street Improvement Plans shall meet the requirements of the Cily of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements, and #6-8, Street Improvement Plans, for a street designated as a Residential Collector Arterial Street with Shared Travel Lanes within the City of Kent Comprehensive Plan. This roadway crosses jurisdictional boundaries between the cities of Kent and Covington, and additional coordination and permitting will be required by the City of Covington to complete these street improvements. Initial guidance for the necessary interim street improvements is given below: (1) Combined vertical concrete curb & gutter, 5-foot-wide planter strip with appropriate street trees and groundcover, and a 5-foot cement concrete sidewalk on the north and west sides of the street. (2) A minimum of 18 feet of Hot Mix Asphalt (HMA) pavement as measured from the approved centerline of the street to the face of curb on the north and west sides of the street..The entire HMA pavement width specified above shall be provided with a 20-year service life as determined by the process identified in the City of Kent Development Assistance Brochure #6-2, Private and Public Street Requirements. Findings, Conclusions and Decision City of Kent Hearing Examiner Hawkesbury Preliminary Plat #SU-2006-18, KIVA #RPP3-2070246 Page 16 of 21 (3) A City-owned street lighting system. (4) Public stormwater conveyance, detention and treatment facilities as applicable. (5) Street trees and groundcover installed according to generally accepted good landscaping principles within the 5-foot wide planting strips constructed between the back of curb and the front of the cement concrete sidewalk. These street trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. (6) All overhead utility lines shall be placed underground along the subject property's entire frontage. f. Street Improvement Plans for the new public Residential Street system connected to Southeast 280th Street and 156th Avenue Southeast. The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure #6-8, Street Improvement Plans for a street at least 28 feet wide. Initial guidance for these street improvements is given below: (1) Combined vertical curb & gutter, 5-foot-wide planter strip .with appropriate street trees and groundcover, and a 5-foot wide cement concrete sidewalk along both sides of the street. (2) A minimum of 28 feet of Hot Mix Asphalt (HMA) pavement, as measured from face of vertical curb to face of vertical curb. Parking will be restricted to one side only. A minimum of 32 feet is required if parking on both sides of these streets is allowed. '(3) A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy; all electrical and maintenance bills shall be paid for by the Home Owner's Association created for this subdivision. (4) A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities. Findings, Conclusions and Decision City of Kent Hearing Examiner Hawkesbury Preliminary Plat #SU-2006-18, KIVA #RPP3-2070246 Page 17 of 21 (5) Street trees and groundcover installed according to generally accepted good landscaping principles within the 5-foot wide planting strips constructed between the back of curb and the front of the cement concrete sidewalk. These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. (6) Curb return radii of 30 feet at the intersection of the subdivision streets and Southeast 280th Street/1561h Avenue Southeast. (7) A temporary cul-de-sac or an approved turnaround shall be provided at the westerly end of Southeast 278th Street. g. Street Improvement Plans for the new Private Residential Street connected to the internal street system and terminating with a permanent cul-de-sac bulbs, or approved turnarounds at their termini. The Street Improvement Plans for these streets shall be designed in conformance to the requirements for a Private Residential Street as required by Cityof Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure #6-8, Street Improvement Plans for a street at least 20-feet wide. Initial guidance for these street improvements is given below: (1) Private streets serving four or more lots, where no parking will be permitted along either side of the street: A minimum of 20-feet of Hot Mix Asphalt (HMA) pavement, measured from edge of pavement to edge of pavement, or from face of vertical curb to face of vertical curb, except where the Fire Marshal requires additional pavement width for emergency vehicle access. Private streets serving between two and three lots, where parking will not be permitted along either side of the street: A minimum of 16-feet of Hot Mix Asphalt (HMA) pavement, measured from edge of pavement to edge of pavement, or from face of vertical curb to face of vertical curb, except where the Fire Marshal requires additional pavement width for emergency vehicle access for private streets longer than 150-feet. (2) A 5-foot wide cement concrete sidewalk constructed along one side of the street for all private streets serving more than four lots. Findings, Conclusions and Decision City of Kent Hearing Examiner Hawkesbury Preliminary Plat #SU-2006-18, KIVA #RPP3-2070246 Page 18 of 21 (3) An approved cul-de-sac bulb, or turnaround at its terminus, unless these additional street improvements are not required by the City Fire Marshal. (4) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable. (5) All private streets will connect to the public street system with a Residential Concrete Driveway Approach conforming to the minimum requirements of Standard Detail 6-5(a). The minimum design inside radii for the driveway approaches serving all private streets shall be 30-feet unless otherwise approved by the Department of Public Works. (6) All private streets will conform to the minimum horizontal and vertical alignment and safe stopping sight distances requirements for a public Residential Street. (7) Fire lanes, if any, shall be marked as directed by the Fire Marshal. (8) The private street, including sidewalks must be centered within a private roadway tract or easement that is at least 1-foot wider than the total width of the private street and sidewalk combination. 4. The Owner/Subdivider shall create a Homeowner's Association for this subdivision to ensure that the property owners within this subdivision are advised of their obligation to pay for the energy and maintenance required for the street lighting system installed in their development. Those sections of the required document written to govern that association as they relate to any IntoLight Division of Puget Sound Energy street lighting systems, shall be reviewed and approved by the Department of Public Works, prior to the recording these documents. 5. The face of the final plat will clearly identify all private streets, and which lots will be served by those private streets. The face of the final plat will also specify that the maintenance of all private streets is the sole responsibility of the property owners who are served by those private streets. 6. Direct vehicular access to and from lots having frontage along Southeast 280`h Street/156`h Avenue Southeast is prohibited, and the face of the final plat will carry the following restriction: DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG SOUTHEAST 280T" STREET AND 156T" AVENUE SOUTHEAST IS PROHIBITED. ACCESS FOR THESE LOTS IS RESTRICTED TO INTERNAL PLAT ROADS. Findings, Conclusions and Decision City of Kent Hearing Examiner Hawkesbury Preliminary Plat #SU-2006-18, KIi/A #RPP3-2070246 Page 19 of 21 7. The Owner/Subdivider shall deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development. 8. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-1, As-Build Drawings, for: Streets; Street Lighting System; Water; Sewer; Stormwater Drainage Facilities; and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works. 9. Where determined feasible by the Kent Public Works, Fire Departments, and Planning Services, the Owner/Subdivider shall utilize Low Impact Development Techniques in construction of the project; including, but not limited to rainwater collection systems, porous paving on sidewalks, and bioretention areas with curb cuts in planting strips along roadways. 10. The Applicant/Owner shall provide mailbox clusters as approved by the Public Works Department and the U.S. Postmaster. 11. Lots 28, 29, 30 and 37 are subject to a 100-foot well protection setback as defined by 12.24.010 of the King County Health Department regulations for the neighboring wells. Because of the 100-foot well protection setback, Lots 28 and 29 are significantly constrained and may not be developable unless (a) the well is decommissioned or abandoned per King County Health Standards, or (b) the King County Health Department reduces or waives the well protection setback pursuant to Chapters 12.24 and 12.36 of the King County Board of Health regulations prior to final plat approval to an extent that will make the lots developable. Development on Lots 28, 29, 30 and 37 shall be outside of any well setback requirement as finally determined by the King County Board of Health. This restriction shall be included on the face of the final plat. 12. Proposed Lots 8, 9, 37, 38, 41, 42, 53 — 57, and 75 are hidden from the street and accessible only through access tracts. The Owner/Subdivider shall place signs so as to lead public safety officers and visitors clearly to the addresses on these lots. 13. The garage located on proposed Lot 73 is an accessory use, and shall be removed or converted to a residence. 14. Proposed Lots 72 and 73 shall be straightened prior to final plat approval. Findings, Conclusions and Decision City of Kent Hearing Examiner Hawkesbury Preliminary Plat #SU-2006-18, KIVA #RPP3-2070246 Page 20 of 21 B. Prior to the issuance of a Building Permit on any lot in this subdivision the Owner/Subdivider shall: 1. Record the Plat. 2. Construct all of the improvements required in Section A, above, and pay the respective fees-in-lieu-of including any mitigation (EMA or EMF) charges. 3. Receive approval of the required As-Built Drawings for Street, Street Lighting, Water, Sewer, and Stormwater Management Facilities as deemed appropriate by the Department of Public Works. C. Miscellaneous: 1. The City shall observe the street lights on 152nd Avenue SE and replace the lenses if necessary. DATED this 13th day of September 2007. THEODORE P. HUNTER Hearing Examiner S:\Permit\Plan\LONGPLATS\2007\2070216-2006-18f n.doc Findings, Conclusions and Decision City of Kent Hearing Examiner Hawkesbury Preliminary Plat #SU-2006-18, KIVA #RPP3-2070246 Page 21 of 21 C®MMUNIT"Y DEVELOPMENT Fred N. Satterstrom, Director PLANNING SERVICES 0 T Charlene Anderson, AICP, Manager W l�1�.®®. o„ Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DEVISED ADMINISTRATIVE REVIEW DECISION HAWKESBURY MINOR PLAT ALTERATION (#PTA-2009-1/KIVA #2090048) APPLICANT: Schneider Homes Inc. 6510 Southcenter Blvd. Tukwila, WA 98188 REQUEST: The applicant proposes an alteration to divide the approved Hawkesbury plat into four phases. PLANNER: Matt Gilbert, AICP I. FINDINGS OF FACT: A. The applicant proposes to alter the previously approved Hawkesbury Subdivision (SU-2006-18 / KIVA #RPP3-2070246) by creating separate divisions, or phases for the purpose of incremental construction of certain improvements and recordation. The applicant proposes no alteration to the plat layout, lot count, or open space. A minor change to the conditions of approval is proposed. B. A minor plat alteration for Hawkesbury was approved in July 2009. This alteration divided the project into three divisions, each to be constructed and recorded individually. The approval was later amended to allow four divisions. The current request is to further amend the approved plat alteration to make a minor adjustment to the boundary line between Divisions 2 and 3 and to specify the timing of Division 2 road frontage improvements, C. The applicant has submitted a plat-divisions exhibit map dated March 31, 2011. In addition to the division boundaries, the map contains notes which detail construction activities associated with each division. D. Hawkesbury is an 81 lot subdivision approved on September 13, 2007 and has not received final plat approval. Pursuant to Kent City Code 12.04.735(C), if a plat alteration is requested to a plat prior to final plat approval, a minor alteration may be approved with consent of the Planning Revised Administrative Review Decision Hawkesbury Minor Plat Alteration PTA-2009-1, KIVA #2090048 Manager and the Public Works Director. The requested changes have been deemed minor by the Planning Manager. The Public Works Director has consented to the proposed alterations, and has recommended no new or altered conditions of approval. E. The 15.2 acre Hawkesbury site is located at the northwest corner of the intersection of 156L' Avenue SE, SR 18, and SE 280th Street, and is identified by King County Parcel Numbers 352205-9035, -9050, -9077, -9078, -9093, - 9099, -9103, -9164, and -9175. Four divisions are proposed as illustrated on the attached exhibit map. As part of the 2011 revision, one lot has been reassigned from Division 2 to Division 3. F. Per a November 12, 2008 plat certificate prepared by Pacific Northwest Title and provided at the time of this request, Schneider Homes Inc. is the vested owner of each of the nine parcels that comprise the Hawkesbury subdivision. G. The applicant proposes that the conditions of approval contained in the Hearing Examiner's September 13, 2007 decision apply to each proposed division, independent of the other proposed divisions. As required by the conditions of approval, construction of infrastructure improvements will generally precede recordation of each division. However, the applicant has indicated that Divisions 1 and 2 will be financed, constructed and recorded as a single development project. The applicant requests that the condition of approval requiring construction of roadway frontage improvements prior to recordation be amended such that the required perimeter right-of-way improvements be limited to the Division 1 portion of the frontage. Further, the applicant requests that construction of frontage improvements associated with Division 2 be completed after recordation and after most homes have been built, but prior to issuance of the final two building permits of Division 2, and prior to beginning construction of other divisions. The applicant has identified lots 15 and 16 of Division 2 on the attached exhibit map as the final two construction sites that will be permitted. H. As discussed in the application narrative, sanitary sewer and water system improvements for the entire plat may be constructed during the initial phase, depending on utility purveyor requirements. The stormwater infiltration pond will be fully functional as part of Division 1. Grading and base preparation of the roadway for the entire development will also likely be completed as part of the Division 1 work. I. The applicant has indicated that water and sewer utilities will be located within the future internal rights-of-way (or utility easements) and that any required work will be limited to these areas. However, internal roadway improvements will be completed with each proposed division. Beyond the future public rights of way and approved easements, other grading and disturbance will be limited to 75 feet beyond the division boundaries in which the work will take place. These boundaries are indicated on the attached exhibit map. J. Per the conditions of approval for this plat, the applicant is required to pay a fee in lieu of dedicating on-site park space pursuant KCC 12.04.780. The fee Page 2 of 4 Revised Administrative Review Decision Hawkesbury Minor Plat Alteration PTA-2009-1, KIVA #2090048 is $89,985 based on 2007 tax assessment records from the King County Assessor's office, and is equivalent to $1,110.92 per lot, for this 81 lot subdivision. This fee will be pro-rated according to the number of lots in each division, with a portion due prior to recordation of each division. K. Proposed Divisions 1, 2 and 3 have frontage on existing public roadways (SE 280th Street and 156th Avenue SE). Construction of improvements along these roadways will be phased in conjunction with other construction activity within the corresponding division. As noted in letter G. above, the applicant proposes to complete perimeter roadway improvements for Division 2 after recordation of this division, but prior to the issuance of building permits for the final two lots of the division, lots 15 and 16, or for lots in Divisions 3 and 4. L. Infrastructure is available to serve the site as proposed. Requirements for infrastructure improvements were established for the property through preliminary plat approval (SU-2006-18). The required improvements to the local road, water, sanitary sewer and stormwater systems, as well as other required infrastructure improvements, are adequate to mitigate the impacts of the proposed plat as previously approved, and as proposed to be altered. II. CONCLUSIONS A. As this proposal does not seek to increase the number of lots, it is considered a minor alteration and subject to the provisions of Kent City Code Section 12.04.735(C). The application has been reviewed by City staff accordingly. B. As proposed, the proposed phasing is in the interest of the public and is consistent with the policies and standards of the City of Kent under which the application is vested. C. The proposal is consistent with the type of land use allowed in the SR-6 zoning district and does not facilitate development of the property at more than the allowable density of 6.05 dwelling units per acre. As stated in the Findings, adequate infrastructure is available to serve the subdivision as previously conditioned, and the proposal complies with the applicable City of Kent development standards. III. DECISION Based on the above Findings and Conclusions, City staff approves the Hawkesbury Minor Plat Alteration. Except as noted below, the conditions of approval contained in the Hearing Examiner's September 13, 2007 decision will continue to apply, but to each division as a distinct unit. 1. A portion of the fee in lieu of dedication of land shall be paid with the development of each division. The fee shall be divided based on the number of lots in each division as follows: Division 1: $15,552.96 Division 2: $22,218.14 Division 3: $ 19,996.56 Division 4: $32,216.85 Page 3 of 4 -- Revised Administrative Review Decision Hawkesbury Minor Plat Alteration PTA-2009-1, KIVA #2090048 The fee for each division shall be paid prior to recording of the lots in that division. 2. The area of disturbance associated with each division shall be consistent with the attached exhibit map. Tree removal and grading shall be limited to the proposed roadway, the division(s) undergoing development, and areas within 75 feet beyond the internal division line. Clearing and grading limits shall be depicted on the Civil Construction plans and Grade and Fill plans, and shall be delineated in the field with silt fencing or another approved barrier to remain in place during construction activities. 3. Roadway frontage improvements required for Division 2 along SE 280th Street and 156th Avenue SE shall be completed prior to issuance of home building permits for lots 15 and 16 of Division 2 or for any lot in Divisions 3 and 4, as identified on the March 31, 2011 plat divisions' exhibit map. This amendment is intended to address condition B.2 of the Hearing Examiner's decision, which requires construction of improvements prior to plat recordation. 4. Financial guarantees and construction cost estimates required for Divisions 1 and 2 shall include the cost of constructing the frontage improvements adjacent to the boundaries of those divisions. Approved this 1st day of April, 2011. Charlene Anderson, AICP Planning Manager MG\pm\\S:\Permlt\Plan\PLATALTERATIONS\2009\2090048declslonREVISED2oll.doc cc: Hans Korve: applicant Page 4 of 4 w," Agenda Item: Consent Calendar - 7F TO: City Council DATE: July 17, 2012 SUBJECT: Excused Absence Councilmember Thomas - Approve MOTION: Approve an excused absence for Councilmember Thomas as he is unable to attend the July 17, 2012, meeting. SUMMARY: EXHIBITS: Memorandum RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None City Council Dennis Higgins, Council President Phone: 253-856-5712 K r T Fax: 253-856-6712 w A s HH I e c r o N Address: 220 Fourth Avenue S. Kent,WA. 98032-5895 '.. MEMORANDUM TO: Suzette Cooke, Mayor City Councilmembers FROM: Les.Thomas, Councilmember DATE: July 17, 2012 SUBJECT: City Council Excused Absence I would like to request an excused absence from the July 17, 2012 City Council meeting. I will be unable to attend. Thank you for your consideration. Les Thomas Councilmember nc KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: July 17, 2012 SUBJECT: Chase Bank, Bill of Sale - Accept MOTION: Accept the Bill of Sale for the Chase Bank project, permit 2103269, for 2 sanitary sewer manholes, 206 linear feet of sanitary sewerline, 338 linear feet of new street, 3 catch basins, and 43 linear feet of storm sewerline. SUMMARY: The Chase Bank project is located at 13207 SE 272nd Street. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None I MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: 220 — 4TH AVENUE SOUTH KENT WASHINGTON KENT, WASHINGTON 98032 Project: C. msyr *SANK Permit #: 21zCC. g(()3ZJ0g � x � Location: SE—aX &?- (32 AVFz 27Z�se Parcel #: 67g2ZOc�lO BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON v THIS INSTRUMENT !made this day off dJ 20 , by and between 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: d •,WATERMAINS: Togethenwith a total of gate valves at $ each, hydrants at $ each and/or any other appurtenances thereto. r e ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) waterline. B. SANITARY SEWERS: Together with a total of manholes at $ ueach and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including near feet at $ L per LF of (size &type) sewerline. Bill ofSale 1of5 " C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, easement, etc.) Including "f C linear feet at $ per LF of (size &type) (improvement). c D. FRONTAGE IMPROVEMENTS: Y Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) (improvement). E. STORM SEWERS: Together with a total of -fir manholes at $ each or total of tx catch basins at $ ` e each, 'r LF of biofiltration swale or drainage ditch with a total cost of $ ? cubic feet of detention pond storage with a total cost of$ and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) C 7 e lei x' .._ 51" i Including linear feet at $ per LF of (size &type) f F ` f4 x V ?°'4''. a'"' sewerline. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(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 completion of a 2 year maintenance period. Bill of Sale 2of5 Chase Kent Bill of Sale Cost Calculations - Section D. Frontage Improvements — 132nd Ave STA 200.00 to 204.00 Lights 2 - Pole Base, Conduit, Light Pole, Light Fixture Head - each, $6,600 = $13,200 Trees 8s Landscaping No Trees in Right of Way. Landscaping consists of 19 - 1 gal. Heather plants cost per plant $25 x 19 = $475 Lawn Sod 2028 sq ft. x $1.75 per sq ft = $3,549 Frontage Improvements — 272nd Street STA 100.00 to 102.50 Lights No Lights in Right of Way Trees 8& Landscaping No Trees in Right of Way. No Landscaping in Right of Way Lawn Sod 1,080 sq ft. x $1.75 per sq ft = $1,890 Total Cost of Section D. Frontage Improvements $19,114 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of ® 20 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of , 20 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this (110- _ day of 20 before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared � � yi f; .r s to me known to be the individual described in and who executed the foregoing' instrument, and acknowledged to me tha he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and 9purposes therein mentioned. GIVEN under my hand and official seal this i``l day of Zw� .i - 20 - /1( Notary Public in and for the State of �,. rONcv'•�@c`�= Washington, residing at ;/k My Commission Expires: Bill of Sale 3of5 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of l C;rb11,/' 20 11 _ , before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared �-kcyp kin Gu('Lt and to me to be the �I and ""` respectively of & , the 0,fl, # that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said b d>f2 4wiT 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. eeeeerie nr°aip,®yo Notary Public in and for the State of Washington, residing at Ll 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 OT KENT W A S H I H O T O H ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for uF_Arr tvC GY CaAe,& IiAttK project dated lo 11� 1aot l for the same said MK project. -Pi40L �u�dLw�n� the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of AP w tzryGi&,JgA . Y20 tZ4.U, , the firm responsible for the preparation of the record drawings. Signat e y J6 85 (Engineer stamp required) 1 rb/f9 �1 Bill of Sale 5of5 KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: July 17, 2012 SUBJECT: Killa Hans Short Plat, Bill of Sale - Accept MOTION: Accept the Bill of Sale for the Killa Hans Short Plat project, permit 2070039, for 3,000 linear feet of new street, 1,100 linear feet of frontage improvements, 2 storm sewer manholes, 2 catch basins, 80 linear feet of biofiltration swale, 19,245 cubic feet of detention pond storage, and 400 linear feet of storm sewerline. SUMMARY: The Killa Hans Short Plat is located at 28441 144th Ave. SE. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None i MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: Am Ausburn 220 - 4TM AVENUE SOUTH WASH in o r o a KENT, WA5HINGTON 98032 Project: Kiila Hans Short plat tr i s.4 Permit #: 707nn39 Location: 28441 - 144th Avenue S.E. Parcel #: 2569500200 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this . day or" 2012, by and between Harbour Homes, LLC, hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described Improvements: A. WATERMAINS: Together with a total of gate valves at $ each, hydrants at $ each and/or any other appurtenances thereto. DR FROM TQ (street, easement, etc.) Including linear feet at $ per LF of (size & type) waterline, 8. sAN%TARY SEWERS: Together with a total of manholes at $ each and/or any other appurtenances thereto. QN fRAMYQ (street, easement, etc.) Including linear feet at $ per LF of (size &type) sewerline. Bill of Sale 1 of 4 15532.001.doc C. NEMf STREETS• Together with curbs, gutters, sidewalks, and/or any other appurtenances RM (street, easement, etc.) Including c ' linear feet at$ N. o o per LF of �1�5 5 � �yPhn11 �� (size &type) (improvement). D. FRONYAGEIMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances OH FROM TO (street, easement, etc.) 56 a8T, P19c'- IL(g41- JL(;)L4.d 5C 1 Including lE 100 linear feet at $ °� ( � �D per LF of (size&type) Cv.� �4{j� 5��wa(lg (improvement). E. STORM SEWERS: Together with a total of manholes at $ 41 each or total of catch basins at $ ( mo ® each, F2C7 LF of biofiltration swale or drainage ditch with a total rnst of $ of 7.®o L , l- a� `( cubic feet of detention pond storage with a total cost of$ and/or any other appurtenances thereto. FROM I2 (street, easement, etc.) ii Including LJ ®o linear feet at $ A S'®0 per LF of S (size&type) -� a P_ .3 S sewerline. To have and to hold the same to the said Grantee, Its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that It has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(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 completion of a 2 year maintenance period. Bill of Sale 2 of 4 15532.001.doc IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this 4% day of kej-°A , 2012. i i i IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of , 2012. I STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of , 20 , before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared - tc ,v 1 and -- to me to be the iJ, (fir x s v -and— � n __ �. _._ x. ,.,.. . -respectively of the eld'V- ) L that executed the foregoing Instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said C c.12-c 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. .SVDfd� o`o4'((�e fJbtary Public in and for the State of .,> �J !`Washington, residing at NOTARY d �s � s ®fir My Commission Expires: Bill of Sale 3 of 4 15532.001.doc ENT WASHINGTON ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for the Killa Hans Short Plat project are based on the as-built plans dated March 19, 2012, for the same said Killa Hans Short Plat project. Hal P. Grubb, the undersigned P.E. or land surveyor, is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers, Inc., the firm responsible for the preparation of the record drawings. GRU Signature (Engineer stamp required) Bill of Sale 4 of 4 15532.001.doe Z KENT HA r Agenda Item: Bids — 9A TO: City Council DATE: July 17, 2012 SUBJECT: Boeing Secondary Levee and Floodwall MOTION: Move to award the Boeing Secondary Levee and Floodwall Project to Quigg Brothers, Inc. in the amount of $2,655,566.63 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The bid opening for this project was held on Tuesday, July 10, 2012, with 10 bids received. The lowest responsible and responsive bid was submitted by Quigg Brothers, Inc. in the amount of $2,655,566.63. The Engineer's estimate for the project was $2,763,581.81. The project includes construction of a secondary levee and a floodwall on the existing Boeing Levee along the Green River at Three Friends Fishing Hole Park. Once complete, the new levee will provide added flood protection and the park will remain fully functional. The park will be closed during construction, starting in August and running into winter 2012/2013. EXHIBITS: Bid Summary RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This project is funded through a $2.07 million state grant and the City's storm drainage utility. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director KENT Address: 220 Fourth Avenue S. W A S H I N c 7 o N Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: July 10, 2012 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Boeing Secondary Levee and Floodwall Bid opening for this project was held on July 10, 2012 with 10 bids received. The lowest responsible and responsive bid was submitted by Quigg Brothers, Inc. in the amount of $2,655,566.63. The Engineer's estimate was $2,763,581.81. The Public Works Director recommends awarding this contract to Goodfellow Brothers, Inc. Bid Summary 01. Quigg Brothers, Inc. $2,655,566.63 02. SCI Infrastructure, Inc. $2,819,143.21 03. Macro-Z-Technology $2,827,340.09 04. Scarsella Brothers, Inc. $2,854,674.86 05. Pease Construction, Inc. $2,951,579.63 06. IMCO General Construction $3,010,711.26 07. C.A. Carey Corporation $3,246,100.13 08. MidMountain Contractors Inc. $3,262,005.01 09. Rodarte construction, Inc. $3,306,297.75 10. Frank Coluccio Construction Co. $3,331,603.20 Engineer's Estimate $2,763,581.81 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 June 19, 2012 Committee Members Present: Dennis Higgins, Jamie Perry, Les Thomas, Chair The meeting was called to order by L. Thomas at 4:00 p.m. 1. APPROVAL OF MINUTES DATED JUNE 5, 2012. J. Perry moved to approve the Operations Committee minutes dated June 5, 2012. D. Higgins seconded the motion, which passed 3-0. 2. APPROVAL OF CHECK SUMMARY REPORT DATED MAY 16 — MAY 31, 2012 D. Higgins moved to recommend the Council approve the Check Summary Reports dated May 16 through May 31, 2012. J. Perry seconded the motion, which passed 3-0. 3. RECOMMEND CITY COUNCIL ADOPT A RESOLUTION ACKNOWLEDGING THE FORMATION OF THE COMMUNITY CONNECTIVITY CONSORTIUM AND ITS CHARTER AND AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND OTHER GOVERNMENT AGENCIES FOR THE CONSTRUCTION AND MANAGEMENT OF FIBER OPTIC PROJECTS. This item was presented previously at the June 19 Operations Committee Meeting as an discussion item. J Perry still has concerns regarding the governance structure, noting the strong Eastside ties. M Carrington, IT Director, stated that to begin the process of having a vote as a member, we must first serve one year as a non-voting member. Although not a full member we would still have a voice on fiber optic projects. The committee understands the value of having a seat at the table. D Higgins decided to abstain from the vote. The Committee agreed to put the item on the Consent Calendar at the July 3 Council meeting. ] Perry recommend City Council adopt a resolution acknowledging the formation of the Community Connectivity Consortium and its charter and authorizing the Mayor to enter into an interlocal agreement between the city of Kent and other government agencies for the construction and management of fiber optic projects. The motion passed 2-0. D Higgins abstained from the vote. 4. MOVE TO RECOMMEND THAT THE OPERATIONS COMMITTEE AUTHORIZE ADMINISTRATION TO UNDERTAKE A REFUNDING OF THE 2000 AND 2002 LTGO BONDS WHICH WILL SAVE APPROXIMATELY $1.65 MILLION ON A CASH BASIS AND $1.49 MILLION ON A PRESENT VALUE BASIS. This transaction will retire the outstanding debt with the issuance of new debt at a lower interest rate paying off the debt at the same time at a lower cost. The new interest rate will result in a General Capital fund savings averaging $160,000 a year over the next ten years. Administration will prepare all of the necessary documents and come back to City Council for final approval of the transaction. (Cont'd on Page 2) Operations Committee Minutes June 19, 2012 Page: 2 D Higgins moved to recommend that the Operations Committee authorize Administration to undertake a refunding of the 2000 and 2002 LTGO bonds which will save approximately $1.65 million on a cash basis and $1.49 million on a present value basis. J Perry seconded the motion, which passed 3-0. S. INTERLOCAL AGREEMENT WITH MAPLE VALLEY FOR COURT AND JAIL SERVICES (INFORMATION ONLY) Maple Valley is currently in an Agreement with Enumclaw, which is coming to a mutual end. Maple Valley and the City of Kent have been negotiating a two-year interlocal agreement of court services and limited jail services. The Agreement would go into effect January of 2013. The revenue would be $175,000 a year, which is determined by monthly filings. The proposed Agreement is in line with other local cities. Court Service: Essentially, they are providing the judge and Kent will provide the staff. Additional fees will be paid by the individual courts. It would not require Kent to hire any additional staff. Jail Service: We will rent Maple Valley two jail beds. The revenue would equate to $80,000 a year for the bed rental and $12,000 a year in booking fees. The Interlocal Agreement will be brought back at the first meeting in July for consideration of an actual Interlocal Agreement. 6. SUMMARY FINANCIAL REPORT FOR APRIL 30, 2012 (INFORMATION ONLY) Based on information available through April, the ending General Fund balance will grow by $570,000 and is expected to end the year at $1,869,060 or 3.3% of the expenditure budget. Many revenue sources, including utility tax, building permits and plan check fees are showing an improvement over past years. Overall revenues are estimated to end the year very near budget. Highlights include: • Tax revenues, including Sales Tax and Utility Tax, are expected to come in very near budget. • The Washington State budget cut Liquor Excise Tax distributions to local governments for their fiscal year July 2012 thru June 2013. As a result, these revenues are expected to come in about $284,800 under budget; • $221,000 reflected in the General Fund and $63,800 in Annexation. Staff is currently evaluating options to compensate for the lost revenues. • Building Permits and Plan Check Fees combined thru April are up 21.5% from the same time last year, which continues to be a positive sign. Current projections end the year at about $674,209 or 1.1% below the budget. A continued lag in hiring is expected to contribute towards expenditures coming in below budget. The meeting was adjourned at 4:36 p.m. by L. Thomas. Pamela Clark Operations Committee Secretary KENT ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES June 11, 2012 Committee Members Committee Chair Jamie Perry, Deborah Ranniger, Bill Boyce. Perry called the meeting to order at 5:30 p.m. 1. Approval of Minutes Councilmember Boyce Moved and Councilmember Ranniger Seconded a Motion to approve the May 14, 2012 Minutes. Motion PASSED 3-0. 2. 2012 EPA Brownfield Grant Economic Development Specialist Josh Hall stated that Kent applied for and was awarded two community-wide Brownfield Grants totaling $400,000 from the Environmental Protection Agency (EPA). The funds will be used to look at sites with hazardous material and petroleum based impacts, for completion of a community-wide inventory and prioritization of Hazardous Substance and Petroleum Brownfield sites (properties complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminants) in Kent. Staff will select a consultant to conduct Phase I and II environmental site assessments on identified sites, complete additional site investigation and remedial action plans for select sites. Councilmember Ranninger Moved and Councilmember Boyce Seconded a Motion to recommend Council authorize the Mayor to accept the Environmental Protection Agency (EPA) grants in the amount of $400,000, amend the budget, and authorize expenditure of the funds in accordance with the grant terms acceptable to the Economic and Community Development Director and City Attorney. Motion PASSED 3-0. 3. Downtown Subarea Action Plan Planning Principles Long-Range Planner Gloria Gould-Wessen gave a power point presentation introducing the Downtown Subarea Action Plan (DSAP) and Planned Action Ordinance kickoff. She stated that part of this effort expands the original DSAP's urban center boundaries northerly to 2341h to include Kent Memorial Park, and westerly to 641h. Expansion of those boundaries will allow Kent to capitalize on the many economic opportunities that are within those boundaries. Gould-Wessen stated that staff will hold public open house and steering committee meetings. These meetings will be the venue in which to brainstorm, gather information, determine what is missing in Downtown, and what the City hopes to achieve for the downtown area. Gould-Wessen stated that the DSAP is a document of actions. The outcomes of the project include: identifying future actions, development of key economic strategies to be incorporated into the DSAP, and producing a Planned Action Ordinance to facilitate development by streamlining the permitting process. Planning Director Fred Satterstrom described the following Planning Principles' as a method that informs a vision for downtown projects that staff can work towards achieving: (1) Creating a Memorable Downtown Experience (2) Economic Vitality (3) Urban Livability (4) Pedestrian Priority (5) Enjoyable Outdoor Space (6) Neighborhood Compatibility (7) Environmental sustainability, and (8) Commitment to Implementation. Satterstrom stated that resulting outcomes from the 2005 DSAP included development of Kent Station and the Town Square Center (that will entice a new generation of people downtown to live and bring new infill retail). Recent implementation of code changes allows for mixed use development in downtown. ECDC Minutes June 11,2012 Page 1 of Satterstrom stated that vehicular traffic will not be ignored, but that alternative transportation such as bicycling will be looked at. Staff will look at provisions for more outside open space, pocket parks, plazas, and providing restaurants with outdoor eating- space. He stated that the historic feel of downtown will be addressed. The City will look at seamlessly connecting neighborhoods to downtown. Staff is committed to using best practices for sustainable building and land development and to implementing DSAP actions adopted by City Council. Councilmember Boyce Moved and Councilmember Ranniger Seconded a Motion to forward to Kent City Council the planning principles for the Downtown Strategic Action Plan 2012 Update as developed by the Economic and Community Development Department. Motion PASSED 3-0. 4. Countywide Planning Policies Update Planning Manager Charlene Anderson reported that the King County Growth Management Planning Council (GMPC) approved updates of the Countywide Planning Policies (CPPs) on September 21, 2011. She summarized the themes of the updates and how the CPP's will guide the City's comprehensive plan update. She presented information on the housing policies update, describing countywide needs for affordable housing and how individual jurisdictional strategies may differ in meeting the needs. Anderson also gave examples of jobs and household characteristics for various affordability levels. She stated that staff will conduct a housing inventory and needs assessment, implement policies and strategies for meeting the needs and monitor, measure and readjust as appropriate. Anderson pointed out that for the very low income households, housing needs can only be met through collaboration and coordination throughout the County. The CPPs will be sent to the King County Council for approval and then be forwarded to jurisdictions for ratification. Informational Only S. City Council's Strategic Plan Discussion Economic & Community Development Director Ben Wolters stated that he attended a Management Leadership Team (MLT) and City Council Retreat. A consequence of the retreat is allowing staff to focus on identifying policies and strategies that can be applied as initiatives. Wolters stated that staff will explore and identify under the Strategic Goal of Beautify Kent' what the City can do towards stimulating private property owners to improve the beautification of both commercial and residential properties. Wolters spoke about the City's Code Enforcement Program and how it is used to enforce cleanup within Kent and how it has been emulated by other cities in the state. Wolters spoke about suggestions to advance improvements in public places and to help property owners by providing a convenient way for those people to rid their properties of debris, appliances etc. He spoke about logistical issues with Kent's current free pick-up system. Wolters stated that Kent contracts with Allied Waste and opined that the contract might be open to revision and perhaps some type of curbside pickup could be considered. Council members Perry and Ranniger suggested changing spring and fall cleanup dates to align better with each of those seasons, and suggested providing incentives for people by partnering with businesses such as Lowes or Home Depot to provide discounts that would encourage home and business beautification. Perry asked staff to explore establishing a steering committee to review all major projects with respect to architecture and design in order to establish a cohesive plan for Kent. Informational Only 6. Economic Development Report & Permit Process Update Economic Development Director Ben Wolters stated that Kent recruited Carlisle Group/Interconnect Technologies, an aerospace manufacturer relocating from Tukwila, moving into a new 100,000 Sq Ft facility. Wolters announced the opening of Sweet Themes ECDC Minutes June 11,2012 Page 2 of Bakery in the Meeker Plaza, and of the Never-Mind Tavern' located on East Meeker. He stated that staff is working to recruit a manufacturer of agricultural supplies, a manufacturing logistics company, and a food processing company adding to the diversity of Kent's industrial base. Wolters stated that construction and development of Kent City Center is underway with a target date for move-in of September 2013. Economic Development Specialist Josh Hall reported on the East Hill revitalization effort. Two stakeholder meetings have been held with 20 people participating in those meetings. One additional meeting is scheduled for next week. The consultant took recommendations from the March 3r' forum, divided those into three main categories; physical improvements, social improvements, and funding mechanisms. The stakeholder's group has taken different goals from each category to identify which aspects are the most important, who should be the lead on those goals and to look at how the City can fund those goals. The next meeting is intended to finalize some of these action items. Hall stated that he will report back to the Committee with what the top priorities are, what the action items and the next steps will be, and who will be responsible for carrying out those steps. Hall stated that he is currently working on funding for the next phase. Informational Only Adiournment Committee Chair Perry adjourned the meeting at 6:55 p.m. Pamela Mottram, Secretary Economic & Community Development Committee PIAPlanningAECDC\2012\MlnutesV06-11 12_Mln.doc ECDC Minutes June 11,2012 Page 3 of EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION