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City Council Meeting - Council - Agenda - 01/15/2013
CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. January 15, 2013 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers Elizabeth Albertson m Bill Boyce Jamie Perry x Dana Ralph u Deborah Ranniger we Les Thomas CIFY CLERK u �' KENT CITY COUNCIL AGENDAS KENT January 15, 2013 W>_HI. �N Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Dennis Higgins, President Elizabeth Albertson Bill Boyce Jamie Perry Dana Ralph Deborah Ranniger Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Winter Homeless Services/ Jeff Watling 50 minutes Task Force Update Katherin Johnson ********************************************************************** 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. State of the County - Reagan Dunn D. Legislative Report E. Public Safety Report F. Intergovernmental Reports 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. City Clerk Ronald Moore - Confirm D. Target, Inc. Crime Fighting Grant - Accept E. Implementing Marijuana Initiative 502 - Ordinance - Adopt (Continued) COUNCIL MEETING AGENDA CONTINUED F. Worksite Wellness Contract — Authorize G. James Street Stormwater Outfall Retrofit Acceptance of Statewide Stormwater Grant — Accept H. Right-of-Way Dedication - Pacific Hwy S. at 242nd Street — Accept I. Contract with Columbia Basin Water Works Large Meter Testing and Calibration — Authorize J. Amendment to the Conservation Futures Interlocal Cooperation Agreement for McSorley Creek Wetland Acquisition Grant — Accept K. Boeing — Pacific Gateway Easement Releases — Accept L. Kent North PUD Division I — East Site, Bill of Sale — Accept M. Kent North PUD Division II, Bill of Sale — Accept N. Kent North PUD Sewer Lift Station, Bill of Sale — Accept O. Kent North PUD, Bill of Sale — Accept P. Kent North PUD, Division I, Bill of Sale — Accept Q. Coal Trains — EIS Scoping Letter, Impact to City of Kent — Approve S. OTHER BUSINESS A. 2013 Legislative Agenda 9. BIDS 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. 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. 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C C w m W co p �1 .m, ti 3 s 3 E .w, $ {A m v, 3 aw v .ap�, w �„ w °_a w Gi �' `o r U)i . 0 `m -mo 3 °-o 0 0 °�' ni Y .E m w G C N w W C O O w Z m O1i L m W rz O c z co 10 0 w C i 6 w N O d O V a H j W G` Y O O D • N O O v A E m 0 •Y T 3 m C �. w w L � O ` v 0 6 L N FLU U +' w UZw >� CUVOwco V) v 0 a— 6 a K U) V m Q V > 4 a QF3 m0 Q mU �l l� ti COUNCIL WORKSHOP 1) Winter Homeless Services/Task Force Update 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) State of the County - Reagan Dunn D) Legislative Report E) Public Safety Report F) Intergovernmental Reports 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 Q. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of January 2, 2013. 7B. Approval of Bills. Approval of payment of the bills received through November 30 and paid on November 30, 2012 after auditing by the Operations Committee on January 2, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 11/30/12 Wire Transfers 5287-5305 $1,429,543.95 11/30/12 Regular Checks 668726-669190 2,958,360.53 11/30/12 Use Tax Payable 1,922.45 $4,389,826.93 Approval of payment of the bills received through December 15 and paid on December 15, 2012 after auditing by the Operations Committee on January 2, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 12/15/12 Wire Transfers 5306-5324 $1,840,911.00 12/15/12 Regular Checks 669191-669543 1,735,276.26 Void Checks 669387,669412 (27,951.17) 669532 12/15/12 Use Tax Payable 1,988.92 $3,550,225.01 (continued) 7B. Approval of Bills. Approval of checks issued for payroll for November 16 through November 30 and paid on December 5, 2012: Date Check Numbers Amount 12/5/12 Checks 329923-330047 $ 91,997.82 12/5/12 Advices 307002-307632 1,576,697.66 $1,668,695.48 Approval of checks issued for payroll for December 1 through December 15 and paid on December 20, 2012: Date Check Numbers Amount 12/20/12 Checks 330048-330195 $ 92,407.73 12/20/12 Advices 307633-308263 1,226,843.02 $1,319,250.75 Kent City Council Meeting KENT was �',.' January 2, 2013 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Boyce, Higgins, Perry, Ralph, Ranniger, and Thomas. Councilmember Albertson (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Council President Higgins added Consent Calendar Item K an excused absence for Councilmember Albertson and removed Other Business Item A. B. From the Public. (CFN-198) Nothing was added by the public. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) No public recognition was given. B. Community Events. (CFN-198) There were no community events given. C. Introduction of Appointee. (CFN-174) Mayor Cooke noted her recom- mendation of Navdeep Gill to the Land Use and Planning Board. D. Interaovernmental Reports. (CFN-198) No reports were given. PUBLIC HEARINGS A. Surplus of Miscellaneous Utility Materials Resolution. (CFN-239) This date has been set for the public hearing on the surplus of miscellaneous utility materials. Public Works Engineer Chad Bieren explained that through the normal course of business surplus materials and some older tools are no longer needed. He noted that by state law a public hearing is held to inform the public of disposition of these items. Mayor Cooke opened the public hearing. There were no comments from the audience and Higgins moved to close the public hearing. Thomas seconded and the motion carried. Council President Higgins then moved to adopt Resolution No. 1868, which declares certain public utility equipment surplus and authorize its sale to the highest bidder, returned to the vendor for credit or auctioned. Councilmember Ralph seconded and the motion carried. PUBLIC COMMENT No comments were made by the public. CONSENT CALENDAR Council President Higgins moved to approve Consent Calendar Items A through K. Councilmember Thomas seconded and the motion carried. 1 Kent City Council Minutes January 2, 2013 A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of December 11, 2012, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through November 15 and paid on November 15 after auditing by the Operations Committee on December 4, 2012, were approved. checks issued for vouchers: Date Check Numbers Amount 11/15/12 Wire Transfers 5269-5286 $1,922,286.83 11/15/12 Regular Checks 668245-668725 2,448,192.27 Void Checks 668331-668332, 668334,668335,668339,668341,668343, 668347-668349,668351-668355,668357, 668358,668360-668363,668366-668374, 668379-668382, 668389, 668393,668395, 668400,668409,668411 (4,322.90) 11/15/12 Use Tax Payable 3,998.78 $4,370,154.98 C. Land Use and Planning Board Appointment. (CFN-174) The Mayor's reappointment of Navdeep Gill to the Kent Land Use and Planning Board for a three- year term, was confirmed. D. Scoccolo Property - Directional Drill Sewer Bill of Sale. (CFN-484) The Bill of Sale for the Scoccolo Property - Directional Drill Sewer project, permit No. 2082844, for 4 sanitary sewer manholes and 1,169 linear feet of sanitary sewerline, was accepted. E. Scoccolo Property - Road "A" Sewer Bill of Sale. (CFN-484) The Bill of Sale for the Scoccolo Property - Road 'A' Sewer project, permit No. 2082844, for 6 sanitary sewer manholes and 794 linear feet of sanitary sewerline, was accepted. F. Scoccolo - Pod D Sewer Extension Bill of Sale. (CFN-484) The Bill of Sale for the Scoccolo - Pod D Sewer Extension project, permit No. 2082529, for 8 sanitary sewer manholes and 1216 linear feet of sanitary sewerline, was accepted. G. Scoccolo - Pod A Bill of Sale. (CFN-484) The Bill of Sale for the Scoccolo - Pod A project, permit No. 2090529, for 3 sanitary sewer manholes and 651.5 linear feet of sanitary sewerline, was accepted. H. Scoccolo - Pod C Bill of Sale. (CFN-484) The Bill of Sale for the Scoccolo - Pod C project, permit No. 2120927, for 7 sanitary sewer manholes and 960 linear feet of sanitary sewerline, was accepted. 2 Kent City Council Minutes January 2, 2013 I. 64th Avenue South Channel Improvement Project. (CFN-1014) The 64th Avenue South Channel Improvements Project was accepted as complete and release of retainage to RL Alia Company, upon receipt of standard releases from the state and the release of any liens, was authorized. The original contract amount was $1,176,609.26. The final contract amount was $984,637.74. J. 2011 Watermain Improvements Project. (CFN-1186) The 2011 Water Improvements Project was accepted as complete and release of retainage to Rodarte Construction, Inc., upon receipt of standard releases from the state and release of any liens, was authorized. The original contract amount was $1,627,322.12. The final contract amount was $1,782,311.07. ADDED ITEM K. Excused Absence. (CFN-198) An excused absence for Councilmember Albertson, who was unable to attend the January 2, 2013, meeting was approved OTHER BUSINESS B. LifeWise Assurance Company — 2013 Stop Loss Rate Renewal. (CFN-147) Human Resources Becky Fowler explained why LifeWise was selected and that this contract had a savings of $86,000. Council President Higgins moved to authorize the rate renewal exhibit for the LifeWise Assurance Company 2013 stop loss contract. Councilmember Thomas seconded and the motion carried. REPORTS A. Council President. (CFN-198) Council President Higgins noted that at the workshop earlier, a discussion was held on the draft legislative agenda for 2013 with revisions being made by council. B. Mayor. (CFN-198) No report was given. C. Administration. (CFN-198) CAO Hodgson noted that there will be a 30-minute executive session to discuss labor negotiations and potential surplus of city property with action following. D. Economic & Community Development Committee. (CFN-198) No report was given. E. Operations Committee. (CFN-198) In the minutes. F. Parks and Human Services Committee. (CFN-198) No report was given. G. Public Safety Committee. (CFN-198) No report was given. H. Public Works Committee. (CFN-198) No report was given. I. Regional Fire Authority. (CFN-198) Councilmember Thomas noted that the next meeting is January 10 at Station 78. Higgins thanked the RFA Commissioners and Board Members for moving their meeting after a meeting conflict with the Council meeting. 3 Kent City Council Minutes January 2, 2013 EXECUTIVE SESSION The meeting recessed to Executive Session at 7:12 p.m., and reconvened at 8:23 p.m. A. Property Negotiations. (CFN-239) City Attorney Brubaker explained that this motion involves a piece of property owned by the City and Seattle Public Utilities and that the City has been in discussion with Seattle Public Utilities to negotiate an agreement to jointly sell this property. He noted that the City originally purchased 3.9 acres for the 228th Corridor project and that Seattle Public Utilities owns a little over 5 acres. He noted that the Memorandum of Understanding lays out the structural deal points of eventual marketing and sales and allocates the costs based on proportionate interest of the property. Councilmember Thomas moved to authorize the Mayor to enter into a Memorandum of Agreement between the city of Kent and Seattle Public Utilities providing for the marketing and sale of city of Kent property located generally at the northwest corner of the intersection of Riverview Boulevard and South 231st Way in Kent. Council President Higgins seconded. Councilmember Perry noted that she is voting against this motion which takes away Council's ability to ultimately vote on public property. Council President Higgins pointed out that there are parameters that need to be met and that this property has been languishing for some time. Councilmember Ranniger said that this property is in a location that has great potential and marketing it is important. Upon a roll call vote, the motion carried 5-1 with Council members Boyce, Higgins, Ralph, Ranniger and Thomas in favor and Perry opposed. ADJOURNMENT The meeting adjourned at 8:30 p.m. (CFN-198) Mary Simmons Deputy City Clerk 4 Kent City Council Workshop January 2, 2013 Councilmembers present: Higgins, Perry, Ralph, Thomas, Ranniger and Boyce. The meeting was called to order at 5:35 p.m. by Council President Higgins. 2013 Leaislative Aaenda. Michelle Wilmot explained the process for developing the legislative agenda and provided a draft of the 2013 Legislative Agenda which contain top priority issues, key issues, support/oppose issues, track/monitor list. Doug Levy went on to explain the legislative issues. A discussion of the issues was held with Doug Levy and Michelle Wilmot responding to the questions. After the revisions are made, a hard copy will be delivered to Council for review. Consideration of Council Positions on SCA PIC Issues. Council-member Perry brought up PIC's issues regarding Algona Transfer Station, Public Records Request, and Local Transportation Planning, a discussion followed with recommendations by Council members. The meeting adjourned at 6:52 p.m. Mary Simmons Deputy City Clerk 1 w," Agenda Item: Consent Calendar - 7C TO: City Council DATE: January 15, 2013 SUBJECT: City Clerk Ronald Moore - Confirm MOTION: Confirm the Mayor's selection and appointment of Ronald Moore as Kent City Clerk. SUMMARY: Confirm appointment of Ronald Moore as the Kent City Clerk replacing Brenda Jacober following her retirement. EXHIBITS: Resume RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None Ronald E Moore, Master Municipal Clerk 2932 37`^Avenue NE, Tacoma, WA 98422 (206) 861-5750- 4theloveofmusic@hotmail.com Professional Profile Highly motivated management and administrative professional committed to quality, staff development, education, customer service, and accountability in order to ensure the success of the organization. Core Beliefs and Qualifications Team-based culture Technologically proficient - Problem resolution Natural and effective communicator - Organizational leadership - Staff development Customer service Project management Cross-cultural awareness Budget conscientious Servant leadership Process enhancement Skills and Experience Twenty-four years of training combined with the evaluation and eventual solving of numerous challenging business situations have molded me into the business professional I am today. Administration Management • Expertise in managing agenda process and preparing information for the agenda packed and various meeting materials for the City Council, City staff, and the public Advanced knowledge of the Open Meetings Act, Public Disclosure regulations, and State laws governing counties and cities • Adept in responding to citizen requests and inquiries regarding State, county, and city legislation • Proficient in every facet of the composition of minutes of meetings of the City Council and other bodies • Managed all technical operations for the City's government access channel including using applicable software programs to create, update, and edit media for broadcast • Maintained the City's electronic data systems for the City Council and City Clerk's Office, including maintaining and updating Council information on the City's website • Adept at payroll, facilities, purchasing, utility billing, and general workplace management • Managed vendor relationships; shipping, supply and equipment purchasing, food and beverage accommodations, and contracts for outside services • Coordinated the leasing and occupation of corporate offices; including negotiating leasing agreements • Created and implements software company personal business expense and travel policies and procedures Training and Staff Development • Hired, trained, and supervised employees; oftentimes leading to their promotion to other positions • Designed and conducted staff development program for computer hardware company • Chaired municipal clerk association for four years and instituted training program • Designed a performance evaluation and retreat program for a the City of Normandy Park • Responsible for team building and coaching children and adults through volunteering with several non- profits and softball/baseball coaching Selected Accomplishments • Implemented a records management system and archival storage facility for a city incorporated in 1953 which led to the regulated destruction of over 2,400 pounds of outdated documents and media. • Managed all company operations, including administration, facilities, office management, vendor relationships, property management, and shipping and receiving for a software company of 143 employees. • Created an organization-wide purchasing process that included the utilization of purchase orders. • Trained four employees in Microsoft Word, Excel, PowerPoint, and web publishing. Alt of them were promoted or found more challenging employment within six months to a year. • Single-handedly began and maintained the City of Normandy Park's surface water utility billing program. • Promoted from interim Deputy City Clerk to City Clerk in a nine-month timeframe. • Coordinated a City's 50`"Anniversary Jubilee event and parade. Relevant Education and Professional Training University of Phoenix, Bachelor of Science, Business Management, 2002 Bellevue Community College, Business Administration, 1998 Leadership Tomorrow-Seattle, 2009 Northwest Clerks Institute, Professional Development IV, 7 Habits of Highly Effective People, Signature Program, 2011 Northwest Clerks Institute, Professional Development IV, Stress Management: Leading, Managing, and Influencing in Challenging Times, 2010 Northwest Clerks Institute, Professional Development IV, Conflict Resolution, 2009 Northwest Clerks Institute, Professional Development IV, Persuasive Communication, 2008 Northwest Clerks Institute, Professional Development III, 2007 Northwest Clerks Institute, Professional Development II, 2006 Association of Washington Cities, Basic Training for City Clerks, 2004 & 2005 Association of Washington Cities, Public Disclosure and More, 2006 U.S. Army, Executive Administrative Assistant Course, 1992 U.S. Army, Administrative Assistant Course, 1988 East Carolina University, General Studies, 1987 Professional Organizations and Qualifications Master Municipal Clerk, 2011 - Present Certified Municipal Clerk, 2007 -2011 Alumni Leadership Committee, Leadership Tomorrow-Seattle, 2009 Chair, King County Municipal Clerks Association, 2007 - 2010 Member, King County Municipal Clerks Association, 2000 - Present Member, Washington Municipal Clerks Association, 2005 - Present Chair, Membership Committee, Washington Municipal Clerks Association, 2008 Ft Present Member, International Institute of Municipal Clerks, 2005 - Present Board of Trustees, Artist Trust, 2008 - 2010 Member, Board Development Committee, Artist Trust, 2008 - 2010 Member, Steering Committee, Black Achievers, Meredith Mathews YMCA, 2009 - 2012 Member, City Club, 2009 - 2010 Member, Pecha Kucha-Seattle, 2009 - 2010 Mentor, UNCF Portfolio Project, 2009 - 2011 Mentor, Friends of the Children of King County, 2010 - 2011 Mentor, CityYear, 2009 - Present Notary Public, 1996 - Present Employment History Deputy City Clerk, City of Shoreline, Shoreline, WA August 2005 - Present City Clerk, City of Normandy Park, Normandy Park, WA December 2001 - August 2005 Operations Manager, 2WAY Corporation, Seattle, WA September 2000 - November 2001 Workplace Manager, ePods, Inc., Seattle, WA October 1999 - September 2000 Client Service Manager, HQ Global Workplaces, Seattle, WA February 1998 - October 1999 Office Manager, EHS International, Inc., Bellevue, WA September 1996 -January 1998 Executive Administrative Assistant, U.S. Army, Fort Lewis, WA September 1988 June 1996 From a Letter of Recommendation "Ronald is very involved. He volunteers on a number of committees in our State. In addition to Ronald's educational and professional qualifications, he has demonstrated his commitment to professional development and does not shy away from taking on leadership roles." -- Virginia Olsen, City Clerk/Public Relations Manager, MMC, City of Mountlake Terrace 2 KENT Agenda Item: Consent Calendar - 7D TO: City Council DATE: January 15, 2013 SUBJECT: Target, Inc. Crime Fighting Grant - Accept MOTION: Authorize the Mayor to accept the Target, Inc., grant in an amount of $500, authorize amending the budget and authorize expenditure of the funds in accordance with the grant terms, acceptable to the Police Chief and City Attorney. SUMMARY: The Kent Police Department has received notification of grant funds in the amount of $500.00 from Target, Inc. Grant funds will be used to purchase photoshop software for use in crime prevention. EXHIBITS: Grant Application RECOMMENDED BY: Public Safety Committee BUDGET IMPACTS: None used for correctional operations. Assistant Chief Strauss and Commander McCuistion determined that the best use for the $3,731.00 award would be to purchase five portable radios. There would be a radio for each of the corrections officers working in the jail. Having a radio for each officer will increase communication capability as well as officer safety. The total cost is estimated at $4,200.00 with the balance being picked up through budget. After deliberating, Councilmember Thomas MOVED to recommend that Council authorize the Kent Police Department to accept the State Criminal Alien Assistance Program Fiscal Year 2012 grant from the Bureau of Justice Assistance, in the amount of $3,731.00, amend the budget and authorize expenditure of the funds in accordance with the grant terms, with terms and conditions acceptable to the Police Chief and City Attorney. Councilmember Ralph SECONDED and the Motion PASSED 3-0 including concurrence of Committee Chair Boyce. S. Department of Licensing and City of Kent Driver and Plate Search — Interagency Agreement Assistant Chief Pat Lowery advised that the agency Agreement with the Washington State Department of Licensing allows the Kent Police Department to operate and conduct vehicle license, vehicle VIN, and other vehicle pertinent identifying information searches through the Department of Licensing website. After deliberating, Councilmember Thomas MOVED to recommend that Council authorizer the Kent Police Department to enter into a driver and plate search interagency agreement between the State of Washington Department of Licensing and the City, with terms and conditions acceptable to the Police Chief and City Attorney. Councilmember Ralph SECONDED and the Motion PASSED 3-0 with concurrence of Committee Chair Boyce. 6. REMOVED FROM AGENDA 7. Kent School District and Kent Police Department School Resource Officer Agreement. Assistant Chief Pat Lowery advised this Agreement is between the Kent School District and City of Kent Police Department. The Kent Police Department recognizes the value of having officers onsite in both high schools and middle schools of City. The Kent School District recognizes the value in having a regular presence as well as the ability of officers to serve as mentors and guiders of students at both campuses. The Kent School District agrees to provide 60% of salaries and benefits for two officers currently assigned as resource officers for both Kent Meridian and Kentridge high schools. The City agrees to pay the remaining 40%. Thomas pointed out the Lowery indicated Kentridge, but the documents indicate Kent Meridian and Meridian Middle school. Lowery indicated that they serve feeder middle schools, but primary appointments are to high schools. Kentridge's feeder is Meridian middle school. There are two officers, each is assigned to a high school and feeder middles school so that officers can become aware of certain children at the middle school level that are more prone to receiving attention at the high school level and would have history and be able to use tactics or strategies used to best help that child stay in school and stay on track. Ralph asked how long program has been in place. Lowery indicated that this is the 4th year, and that it is a hybrid of program of a traditional law enforcement based-program. Office Buck oversaw the original program which focused on the public safety needs of all schools within the city limits to include primary schools. This current program focuses on building relations between officers and students to mentor and better identify problems before problems occur on campus. The program allows a better line of communication with staff, teachers, and Public Safety Committee Minutes November 13, 2012 3 From: Target Community Relations [maiito:mail@grantapplication.com] Sent: Wednesday, September 05, 2012 2:40 PM To: Gurr, Tracey Subject: Your Target grant application has been submitted Thank you for submitting your Target grant application online. A copy is included below for your records. Please note that now that you have submitted your application, you are unable to make further updates. If we need additional information or have any questions, we will contact you.. You will be notified by July 1 Sth for National Night Out applications and September 30th for all other applications regarding the status of your application. If your application has been approved, an email and check will be sent directly to your organization. If your application has been declined, you will receive an email by this date. Organization Information E-mail questions to AP.CommunityOTaraet.com To request a charitable contribution,your organization must be a federally tax-exempt,section 501(c)(3) charitable organization, a school, a library,or a public agency. Special Note; If your organization has a designated fiscal agent,that fiscal agent should meet the requirements listed above and be listed as the applicant in the grant application. Organization/Agency Name City of Kent Police Department/Detective Unit Payee Organization Name Please limit your response to 25 characters maximum. City of Kent Precinct/Division and Department I.e., 1st Precinct, Bike Patrol Detectives Street Address or P.O. Box Please include your primary mailing address in the first line (street or P.O. Box). If applicable, put your Suite Number in the second line. Please limit your response on each line to 25 characters maximum. 1 220 4th Ave S City kent State WA 5-Digit ZIP Code 98032 Extended 4 Digit ZIP Code (to find your extended code, please click here to open a window to USPS.com) County king Main Phone Number Please type 10 digits only without punctuation (i.e., 6122334567) 2538565828 General E-mail Address t0urrld)kentwa aov Website www kentwa.00v Which best describes the organization? Government Agencies (OTHER) What is the organization's Mission Statement? Aggressively fight crime Impartially protect rights - Identify and Solve problems What year was the organization founded? 1889 Is your organization a part of a State,the United States, or the District of Columbia(i.e., a public school, public agency,or public library)? yes Is this donation being requested exclusively for public purposes? 2 yes Tax Status Please select from drop-down Schools, Libraries, Hospitals, Churches, Govt units Organization Tax ID If your organization has a 501(c)3 Federal tax status, enter your FIN number below and attach a copy of your most recent IRS Designation Letter on page five (5) of the application, otherwise leave blank. E-mail questions to AP Community@Taraet.com ' Contact Information E-mail questions to AP Communitv@Taroet.com Organization Primary Contact: Highest Ranking Official (i.e., Chief, Executive Director, President) Prefix Chief First Name Kent Middle Initial Last Name Thomas Suffix <None> Title Chief of Police Street Address or P.O. Box Please include your primary mailing address in the first line (street or P.O. Box). If applicable, put your Suite Number in the second line. Please limit your response on each line to 25 characters maximum. 220 4th Ave S City kent 3 State WA 5 Digit ZIP Code 98032 Direct Phone Number Please type 10 digits only Without punctuation (i.e., 6122334567) 2538565800 E-mail Address kthomas@kentwa.aov Primary Contact for this Funding Request: Same as Organization Primary Contact No Prefix Ms. First Name Tracey Middle Initial Last Name Church Suffix <None> Title Detective Commander Street Address or P.O. Box Please include your primary mailing address in the first line (street or P.O. Box). If applicable, put your Suite Number in the second line. Please limit your response on each line to 25 characters maximum. 220 4th Ave S 4 City kent State WA 5 Digit ZIP Code 98032 Direct Phone Number Please type 10 digits only without punctuation (i.e., 6122334567) 2538565800 E-mail Address tourrOkentwa.gov E-mail questions to AP.Community@Taroet.com Proposal Information E-mail questions to AP.Community@Taroet.com Proposal General Information: Target team member who invited the organization to apply for a grant. Linsey Mahoney R100-INV Request Amount $500.00 Program Title Please limit your response to 30 characters maximum. Forensic Upgrade/still &video Images Program Start Date 12/01/2012 Program End Date 12/31/2012 Proposal Detail: 5 Which best describes the program? Crime Prevention(VITAL COMMUNITY PARTNERSHIPS-LAW ENFORCEMENT) Provide a description of the program' Forensic upgrade to Photoshop CS6 Extended for still and video clarification. The upgrade will allow for more accurate and higher quality forensics. This will enhance our ability to solve crimes with this type of evidence Including assaults, burlgaries, prowls and fraud.The upgrade will cost approximately $399.00 plus tax until 123112 then it will cost$999.00. What year was this program first implemented? 2007 What is the proposed program budget? Please enter one whole number without any punctuation (i.e., no dollar signs or decimal points). 500 List the primary expenses for the program budget. i.e., printing: $200; equipment: $800,etc. No. stand alone budget.This is a one time purchase. Program Zip Code Please provide the 5-digit zip code for the location of your program 98032 Target Store Location Please select the Target store closest to your program from the dropdown list below. When answering the following questions, please think aboutthe mission and/or primary focus of the organization as well as the majority of people served by this program. Indicate your best estimate of the percentage of those served by this program for each of the Ethnic Groups below. Enter whole numbers only (no decimals), do not use percentage signs, and ensure that your allocations total 100%. If this Information is not available, enter zeros in each field. African 5 Asian is 6 Asian Indian 3 Black or African American zo Latino or Hispanic is Native American or Alaskan Native z Native Hawaiian or Pacific Islander 3 White or Caucasian 37 Other Ethnic Group not specified above 0 Make sure this total is 100. 100% Indicate your best estimate of the percentage of those served by this program for each Gender listed below. Enter whole numbers only (no decimals), do not use percentage signs, and ensure that your allocations total 100%. If this information is not available, enter zeros in each field. Female so Male so Make sure this total is 100. 100% Indicate your best estimate of the percentage of those served by this program for each of the Age Groups listed below. Enter whole numbers only (no decimals), do not use percentage signs, and ensure that your allocations total 100%. If this information is not available, enter zeros in each field. 7 Babies/Toddlers(under 5 years old) 0 Elementary School Grades K-5 (5-10 years old) 0 Middle School Grades 6-8 (11-14 years old) 0 High School Grades 9-12 (15-18 years old) 2s Young Adult(19-25 years old) 2s Adults (26-64 years old) 2s Senior Citizens(65 years old and over). 2s Make sure this total is 100. 100% Indicate your best estimate of the percentage of those served by this program for each Population listed below. Enter whole numbers only (no decimals), do not use percentage signs, and ensure that your allocations total 100%. If this information is not available, enter zeros in each field. Active Military 0 BlindNision Impaired 0 Deaf/Hearing Impaired 0 Economically Disadvantaged 0 LGTBA(Allies) 0 8 General Population 7s Immigrants/Newcomers/Refugees 25 _ Persons with a Developmental Disability 0 Physically Impaired 0 Single Parents 0 Veterans 0 Make sure this total is 100. 100% E-mail questions to AP.Community Taraet.com - Measurement E-mail questions to AP.CommunityATaraet.com What are the anticipated outcomes of the program? Higher quality investigative ability that will allow for increased suspect apprehension at a faster pace. What metrics do you plan on collecting to determin -if the outcomes have been achieved? None-we do not have the capability to capture this data other than anecdotally. How many people do you anticipate will be served by this program? Please enter one whole number only 128,000 In 2013 we will be asking grant recipients to complete a program evaluation. E-mail questions to AP.CommunitvCdTaraet.com 9 KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: January 15, 2013 SUBJECT: Implementing Marijuana Initiative 502 - Ordinance - Adopt MOTION: Adopt Ordinance No. amending Section 9.02.150 of the Kent City Code, entitled "Criminal Code," adopting new RCW's relating to marijuana, subject to approval of the City Attorney. SUMMARY: On November 6, 2012, Washington voters passed Initiative 502. I-502 decriminalized the possession of one ounce or less of marijuana, decriminalized certain laws relating to the use of drug paraphernalia and made it an infraction to use marijuana in a public place. This amendment updates the City's criminal code so that it complies with the requirements of I-502. EXHIBITS: Ordinance RECOMMENDED BY: Public Safety Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 9.02.150, entitled "Criminal Code," adopting new RCW's relating to marijuana. RECITALS A. On November 6, 2012, Washington voters passed Initiative 502. I-502 decriminalized the possession of one ounce or less of marijuana, decriminalized certain laws relating to the use of drug paraphernalia and made it an infraction to use marijuana in a public place. B. This amendment updates the City's criminal code so that it complies with the requirements of I-502. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. -Amendment. Section 9.02.150 is amended to read as follows: Sec. 9.02.150 RCW Title 69, entitled "Food, Drugs, Cosmetics, and Poisons" - Adoption by reference. The following RCW 1 Amend KCC 9.02.150 Ordinance sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 69.41.010 Definitions. 69.41.030 Sale, delivery, or possession of legend drug without prescription or order prohibited — Exceptions — Penalty. 69.41.050 Labeling requirements. 69.41.060 Search and seizure. 69.41.072 Violations of Chapter 69.50 RCW not to be charged under Chapter 69.41 RCW — Exception. 69.41.320 Practitioners — Restricted use — Medical records. 69.41.350 Penalties. 69.43.010 Report to state board of pharmacy — List of substances — Modification of list — Identification of purchasers — Report of transactions — Penalties. 69.43.020 Receipt of substance from source outside state — Report — Penalty. 69.43.030 Exemptions. 69.43.035 Suspicious transactions — Report — Penalty. 69.43.040 Reporting form. 69.43.043 Recordkeeping requirements — Penalty. 69.43.048 Reporting and recordkeeping requirements — Submission of computer readable data, copies of federal reports. 69.43.090 Permit to sell, transfer, furnish, or receive substance — Exemptions — Application for permit — Fee — Renewal — Penalty. 2 Amend KCC 9.02.150 Ordinance 69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine — Sales restrictions — Penalty. 69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine — Possession of more than fifteen grams — Penalty — Exceptions. 69.43.130 Exemptions — Pediatric products — Products exempted by the state board of pharmacy. 69.50.101 Definitions. 69.50.102 Drug paraphernalia — Definitions. 69.50.202 Nomenclature. 69.50.204 Schedule I. 69.50.206 Schedule II. 69.50.208 Schedule III. 69.50.210 Schedule IV. 69.50.212 Schedule V. 69.50.401 Prohibited acts: A — Penalties. 69.50.4013 Possession of controlled substance — Penalty. 69.50.4014 Possession of forty grams or less of marihuana — Penalty. 69.50.404 Penalties under other laws. 69.50.407 Conspiracy. 69.50.408 Second or subsequent offenses. 69.50.412 Prohibited acts: E — Penalties. 69.50.4121 Drug paraphernalia — Selling or giving — Penalty. 69.50.425 Misdemeanor violations — Minimum imprisonment. 69.50, I-502, Section 21 3 Amend KCC 9.02.150 Ordinance SECTION 2, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 3, — SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 4, — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 4 Amend KCC 9.02.150 Ordinance PASSED: day of 2013. APPROVED: day of 2013. PUBLISHED: day of 2013. 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) RONALD MOORE, CITY CLERK P:\Civi1\0rdinance\9.02.150 Marijuana.Docx 5 Amend KCC 9.02.150 Ordinance KENT Agenda Item: Consent Calendar - 7F TO: City Council DATE: January 15, 2013 SUBJECT: Worksite Wellness Contract- Authorize MOTION: Authorize the Mayor to sign the Worksite Wellness contract, subject to approval of final terms and conditions acceptable to the Human Resource Director and the City Attorney. SUMMARY: The Health Care Committee comprised of union officials and a representative from the non-represented group recommended Worksite Wellness to Administration as the consultant for the employee's wellness program. The cost of the Worksite Wellness contract is approximately $40,000 and is budgeted in the health and wellness fund. EXHIBITS: RFP Response RECOMMENDED BY: Operations Committee BUDGET IMPACTS: $40,000 is budgeted in the Health and Wellness Fund. ITJ ( ' rrrr,r 9 � a 1 i ie �✓ � � r�lr� '� � I�I �l,'r�e� ' %GIB of �, o q „ e b'I C OAJ(",?461P vi l Y e fiu of !" ,hcMrc, 'e"IrJ tri I I&i CV1 d Il I I v iI%v vVr,)lrr'v tI I y`:�I:J. Movy(.' lybw°J1a sualrIro ado r uralJ`IIflitH^. JIrluAallachrrx,llxna k_.^,!ir'r „=)C r7rlk N;7lJ„alfY r`i Ir?�1142Y1 41i k'M;11 P, rPokh 'rj a ('(lA",➢14,1",rlkl �.14,,.0/Jl� 'r; vr,;utl IJIlllro,,r ', If'!' 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RVI ;i A'!vafa. r+rr",Erq U; nr,a,yGj i "v^ , ) 0Njy vorr u ,r rr.'vu(gq fr;r)NYJlA ulIpl Yu. . c can und?Kiai M"W W yowI? crillsrr n oVghA q tlklyt 4%CU1FX �, �, (1) 1 To rm 01 dw 01 Sr1iRS PC l"A�!,r V'h"p to rrki;ry4APplfol! r'rA ViSP )rvwwwrr la m^r;Il`Y,V ICI (ICl'r I!r„ilhf nl uya nFl wabr L4 .11E-1III if•t iirir Pr ; li )"'1d(AN kll "116�� f tl�N,f IIf L /,A�FN� ,'I1�9Jf1!:A .0 Ivf u' i19l YI xhW'I i Gf o 4� Wi,31 r "r s11m lr01t' AiU 01 B11 I'll, ✓ta Irif; lYI,I tl I, f 6 m+(+YIII PrnKel I ❑111P 1 13 Ie011 x.rl 'M?r f O/o Iq"e'l °yR},I rx Ihlr'. cj")[iC A(I r )J 1 :4 (:I r 11iB1:F I I 11 PJ v%A loltiv vv, YI i ifvF in �I 1 11lo f It:dr ill'on CAI".41`d^I(A rP"w, 01A. 16,411 aij lmllm(,f KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: January 15, 2013 SUBJECT: James Street Stormwater Outfall Retrofit Acceptance of Statewide Stormwater Grant - Accept MOTION: Authorize the Mayor to accept the FY2012 Statewide Stormwater Grant in the amount of $75,000 for the James Street Stormwater Outfall Retrofit Project, amend the budget and authorize expenditure of the funds in accordance with the grant terms, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: James Street, east of Central Avenue, is very steep with a 17- percent grade. Due to its steep grade and the fact it is a major commuter route, James Street is a Priority Level-1 for sanding during icy conditions. This project would reduce potential impacts to Mill Creek by installing a large vault to catch sediment, preventing it from entering Mill Creek. The vault structure will be monitored after storms to identify when maintenance is needed, ensuring sand and sediment do not enter Mill Creek. The Public Works Department anticipates construction of this project in spring of 2013 in conjunction with the James Street Pump Station Project. The State grant funds cannot be billed until they have been accepted by the City Council. EXHIBITS: Grant RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The City will receive $75,000 of state funding for the James Street Stormwater Outfall Retrofit Project. The $25,000 project match is budgeted and will be paid through the stormwater utility. Part I FY 2012 Statewide Stormwater Grant Program Application DEPARTMENT OF ECOLOGY ForEcolo9YUse Only: state ofMsldngeon Application No. _ Place the cursor in the gray faux at question 1, fill in the answer, and then use the F11 function Ivey to navigate through the remaining questions in the application. 1. PROJECT TITLE: (Please keep the project title to five words or less.) 71 James Street Stormwater Outfall Retrofit 2. APPLICANT NAME: (Eligible public body) City of Kent 3. APPLICANT FEDERAL IDENTIFICATION NUMBER: Federal ID No.: 91-6001254 4. APPLICANT SIGNATORY: (The person whose name is listed here must sign Part 1 -Box 14 of this application) Name: Timothy J. LaPorte, P.E. Title: Public Works Director Telephone Number: 253-856-5500 E-Mail Address: Fax Number: 253-856-6500 TLaPorte@kentwa.gov Mailing Address Agency: City of Kent Address: 220 Fourth Ave S City: Kent State: WA Zip Code: 98032-5895 5. APPLICANT PROJECT MANAGER: (The person whose name is listed is the main contactfor the project) Name: Alex Murillo, P.E. Title: Environmental Engineering Telephone Number: 253-856-5528 E-Mail Address: Supervisor Fax Number: 253-856-6500 AMurillo@kentwa.gov Mailing Address Agency: City of Kent Address: 200 Fourth Ave. S. City: Kent State: WA Zip Code: 98032-5895 To ask about the availability of this document in a formatfor the visually impaired, call the Water Quality Program at 360- 407-6502. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a speech disability can call 877-833-6341. ECY 070-428 (09/11) Application Page 1 Part 1 FY 2012 Statewide Stormwater Grant Program Application 6. PROJECT INFORMATION: What is the population served by the Project? 118.000 What is the population served by the System? 118.000 Is a map of the PROJECT location included with the application? ® Yes ❑No Note: The map should identify the primary location of the PROJECT and show its relationship to affected water bodies. Also include the location of other projects funded by Ecology that are adjacent to this PROJECT. Is the PROJECT located in the Puget Sound basin (WRIA 1-19)? ® Yes ❑No Is the PROJECT located in a basin with salmonid stocks listed as threatened ® Yes ❑No or endangered in accordance with the Endangered Species Act? http://www.nwr.noaa.gov/ESA-Salmon-Listings/Index.cfm Is the PROJECT statewide? ❑ Yes ®No If NO,list below all of the county(ies),Water Resource Inventory Area designation(s) (WRIA),Legislative district(s), and Congressional district(s)where at least five percent of the PROJECT will be accomplished. Note: You must select a primary location and then provide additional location information as applicable. All separate designations(County,Legislative District, Congressional District, and UWA)must equal 100 percent(listfrom greatest to least percentage, and please break any ties by at least one percentage yointl. Limit your separate Legislative Districts and Congressional Districts to those that cover greater than five percent of the project area. County(ies)for the Project: WRIA(s)for the PROJECT: 12-Digit ITUC Code for the PROJECT: http://www.ecy.wa.gov/apps/watershe http://viewer.nationalmap.gov/viewer/ ds/wria a es/index.htmI nhd.html? =nhd Name Percent Water Resource Inventory Area Percent Hydrologic Unit Code Percent Kin 100 WRIA 9 100 171100130305 100 Total 100 Total 100 Total 100 Latitude/Longitude for the PROJECT: Provide coordinates in Decimal Degrees(e.g., 45.3530/-120.4510)of PROJECT location. The PROJECT Congressional District(s)for the Legislative District(s)for the location is the approximate center of PROJECT: PROJECT: where you will be working. Facilities http://apps.leg.wa.gov/DistrictFinder/ http://apps.leg.wa.gov/DistrictFinder/ projects should report the outfall location default.aspx?city=&street=&zip= default.aspx?city=&street=&zip= or center of the land application site. Latitude/Longitude coordinates can be located at: http://itouchmap.com/Iationg.html Number Percent Name Percent Project Lat Long Location 09 100 33 100 James St. 47.38664 -122.22856 Total 100 Total 100 ECY 070-428 (09/11) Application Page 2 Part 1 FY 2012 Statewide Stormwater Grant Program Application 7. WATER BODY AND WATER QUALITY NEEDS ADDRESSED BY THE PROJECT: Is the affected water body listed on the Clean Water Act Section 303(d)List as impaired? Yes ❑ No http://apps.ecy.wa.gov/wgawa/viewer.htm If yes, what is the 303(d)-listing parameter(s) and associated identification number(s)? Does the PROJECT cover a priority area addressed in the Puget Sound Partnership Action Agenda? Yes ® No ❑ The Puget Sound Partnership Action Agenda can be found at: http://www.psp.wa.gov/aa action agenda.php If yes, provide the name of priority area. South Central Puget Sound Action Area Check all type(s)of water bodies that this PROJECT targets: ® Freshwater rivers ❑ Direct marine water ❑ Freshwater lakes ❑ Saltwater estuary ® Freshwater wetlands ❑ Other(specify) ® Ground water Check all boxes that apply for this PROJECT: ❑ Endangered salmonids ❑ Threatened salmonids ❑ Other Endangered Species Act protected species (identify) ❑ Protection of shellfish habitat http://www.doh.wa.gov/ehp/sf/Pubs/annual-inventory.pdf ❑ Protection of domestic water supply http://www.doh.wa.gov/ehp/dw/sentry.htm ❑ TMDL requirements http://www.ecy.wa.gov/programs/wq/tmdl/index.htn l ® NPDES requirements - Operations &Maintenance-Phase II Permit Section S5.C.5 ® Other(specify) Coho 8. PROJECT DURATION: Estimated Start Date: 6/2012 Estimated Completion Date: 10/2012 PROJECT Length: 5 months Note: Projects funded by the FY2012 Statewide Stormwater Grant Program must be completed by June 30, 2015. The project type and scope of work will determine the project duration during funding agreement negotiations. Most projects take three years or less to complete. 9. PROJECT TYPE: ® 1. Retrofit an existing stormwater facility. ❑ 2. Install accepted Low-Impact Development(LID)techniques. ❑ 3. Retrofit project with LID components. ❑ 4. New or retrofit construction of Vactor Waste Facility. ❑ 5. Installation of pre-treatment/oil control facilities upstream of existing drywells. ❑ 6. Stormwater quality treatment and flow control to reduce stormwater flows to combined sewers. ❑ 7. Installation of TAPE-approved General Use Level Designation treatment technologies. ECY 070-428 (09/11) Application Page 3 Part 1 FY 2012 Statewide Stormwater Grant Program Appfication ® 8. Other, please provide description. Retrofit improvements to James Street outfall to mitigate existing stormwater and water quality issues. 10. PLANNING AND DESIGN STATUS Is this project ready to construct? Yes ❑ No If yes, are designs 100%complete and included with the application packet? Yes ❑ No Is this is a design/construct project? Yes ® No ❑ If yes, what percentage are the designs complete? 30 percent complete designs (enter the percent complete above) 11. FUNDING REQUEST: (Provide the amount offunding requested to complete your project.) Check for consistency with costs provided in Part 2, Question 2. Project Amount & Terms: Total PROJECT Cost $100,000 This amount represents the full cost of the PROJECT (including non-stonnwater components). Eligible PROJECT Cost $100,000 This amount represents the stonnwater-related portion of the project costs that are grant eligible. Contact Ecology staffwith any eligibility questions. Ecology Funding Request $75,000 This amount represents the portion that Ecology may fund(75 percent of Eligible Project Costs up to the$1,000,000 grant ceiling). Refer to the funding program guidelines at. http://www.eey.wa.gov/programs/wq/funding/FLmdingPrograms/OtherFundingPrograms/StWal2a/FY12 aStWa.html Other Funds in PROJECT Identify secured source(s) of funds: State/Federal agency $ State/Federal agency $ State/Federal agency $ Local Agency Drainage Utility funds $25,000 Interlocal contribution $ ECY 070-428 (09/11) Application Page 4 Part 1 FY 2012 Statewide Stormwater Grant Program Application 12. BRIEF NARRATIVE DESCRIPTION OF PROJECT : (50 words or less) (Please use complete sentences, this description will appear in the published funding list): This project will retrofit the existing James Street outfall by adding a new, large water quality vault to retain sediment from stormwater runoff from James Street, a major east-west arterial, improving water quality and preventing the sediment from being discharged to Mill Creek, a class 2 salmonid stream. 13. APPLICATION CERTIFICATION: I CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE INFORMATION IN THIS APPLICATION IS TRUE AND CORRECT AND THAT I AM THE LEGALLY AUTHORIZED SIGNATORY OR DESIGNEE FOR THE SUBMITTAL OF THIS INFORMATION ON BEHALF OF THE APPLICANT. Timothy J. LaPorte,P.E. Printed Name Signature Public Works Director Title Date THIS CONCLUDES PART 1 ECY 070-428 (09/11) Application Page 5 Part 2 FY 2012 Stormwater Retrofit and LID Grant Program This is the rated portion of the application with a total of 1,000 possible points. Each question identifies the proportion of available points. Applicants should provide clear and concise information and answers. The Application Scoring Guidance provides information on what reviewers will look for in a successful application. Pre submittal checklist: M Project Analysis Form—included at the end of the application Part 2, (required for project evaluation and review). M Parts 1 and 2 of the application are complete. Supporting materials such as maps, MOAs, or specific documentation is included with the application packet. M The Funding Request(Part 1-Question 11)matches the Budget(Part 2-Question 2). EXECUTIVE SUMMARY Summarize the overall stormwater project, the associated stormwater problem, and how this project will address or solve the problem. (Limit your answer to 250 words or less.) James Street is four lanes and one of four major east-west arterials connecting residents, and businesses east of downtown Kent to I-5, SR 181, SR 167, and Sound Transit commuter rail station and King County Metro bus transfer station. James Street is very steep, with a 17 percent grade. Due to its steep grade and the fact it is a major commuter route, James Street is a Priority Level 1 for sanding during the winter months. At the base of the hill, two catch basins connect to a manhole to collect stormwater which then outlets directly into Mill Creek. The project would reduce potential impacts to Mill Creek by providing a larger structure to catch sediment, while protecting public safety and maximizing efficiency of city crews. The manhole structure is monitored after storms to identify when maintenance is needed to ensure sand and sediment does not enter directly into Mill Creek, a class 2 salmonid stream and a tributary to the Green River which has endangered species in it. The sediment can be detrimental to the survival of fish and to the overall water quality of the stream system. This project will consist of constructing and installing a large vault to increase sediment storage that will be vactored out to prevent sediment from entering Mill Creek, protecting water quality. This project is adjacent to a future project to relocate 1,000 linear feet of Mill Creek through an adjacent 17- acre wetland complex that will both be restored and enhanced. 1. SCOPE OF WORK Scoring Guide Total 250 Points Complete and concise project description. Provides clear detailed description of project tasks, deliverables, Up to 250 pts. timelines, and purpose. Information on the project was provided in the Project Analysis Form. Reviewers award points for a clear, complete, and well thought-out scope that directly addresses a stormwater problem. The scope demonstrates an understanding of the work required to fully implement and complete the project. In order to be considered for funding, all applicants must fill in answers on the Project Analysis Form, located at the end of this application. Using the task and required performance framework provided below: ECY 070-428 (09/11) Application Page 6 Part 2 FY 2012 Stormwater Retrofit and LID Grant Program • Provide a detailed scope of work for the project that includes clearly defined tasks, deliverables,timelines, and cost per task. • The detailed Scope of Work and the Project Analysis Form are the only places where you can describe your proposed project so Ecology reviewers can understand what you plan to do. In order to receive the most points you need to describe the project fully so that Ecology can understand the proposed construction activities and compare this application with others. • Describe the project area and provide supporting map(s) and any relevant diagrams and/or pictures. • Reference the stormwater manual used for the project design. Task 1—Project Administration and Management A. The RECIPIENT will administer and manage the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement and interlocal agreement requirements; attainment of all required permits, licenses, easements, or property rights necessary for the project; conducting, coordinating, and scheduling of all project activities; quality control; and submittal of required performance items. The RECIPIENT will ensure that every effort is made to maintain effective communication with the RECIPIENT's designees, the DEPARTMENT, all affected local, state, or federal jurisdictions, and any interested individuals or groups. The RECIPIENT will carry out this project in accordance with completion dates outlined in this Agreement. B. The RECIPIENT shall submit all invoice requests and supportive documentation to the Financial Manager of the DEPARTMENT. Required Performance: 1. Effective administration and management of this grant project. 2. Submittal of 100% design documents, Geotechnical Analysis, Structural Design, any applicable permits, SEPA and Cultural Resources Review prior to start of construction. 3. Maintenance of all project records. 4. Submittal of all required performance items, including the Post Project Assessment Plan, progress reports, financial vouchers, and maintenance of all project records. Total Task Cost: $ 9,000 Task 2: Fabrication and Installation of Water Quality Vault and Pipes A. The RECIPIENT will fabricate and install a vault and pipes according to design plans and specification for the project. ECY 070-428 (09/11) Application Page 7 Part 2 FY 2012 Stormwater Retrofit and LID Grant Program Required Performance: 1. A vault and pipes will be fabricated according to details and specs. 2. Traffic control. 3. Implement Stormwater Pollution Prevention Plan 4. Project site will be excavated. 5. Vault and pipes will be installed. Total Task Cost: $ 60,500 Task 3: Asphalt Surface Restoration and Other Construction Expenses A. The RECIPIENT will restore construction site to complete project and re-open to vehicular traffic. Required Performance: 1. Final stabilization of disturbed area, as necessary 2. Apply asphalt to construction site to restore surface. 3. Traffic Control. 4. Restore site to re-open for traffic. Total Task Cost: $ 30,500 ECY 070-428 (09/11) Application Page 8 Part 2 FY 2012 Stormwater Retrofit and LID Grant Program 2. PROPOSED BUDGET (up to 100 points) Scoring Guide Total 100 Points Complete project budget is consistent with the scope of Up to 20 pts. work. The cost estimates are clear and reasonable. Up to 30 pts. The project budget represents a good value for the work and water quality benefit achieved. A value analysis or Up to 50 pts. similar study was performed. Budget: Points are awarded for a complete, reasonable budget that is consistent with the tasks described in the scope of work. Please fill out the Budget by Task and by Object. • Clearly define the Task- or Object-oriented budget. TOTAL Eligible Cost by Task Elements Proposed Project Budget and Time Frame Task elements Total Project Total Eligible Estimated months Cost Cost needed to complete 1. Project administration/management $ 9,000 $ 9,000 5 2. Fabrication & Installation of Vault, Pipes $ 60,500 $ 60,500 3 3. Asphalt Surface Restoration and Other $30,500 $30,500 2 Total costs and months needed to $100,000 $100,000 5 complete: TOTAL Eligible Cost by Budget Object Salaries: $ 6,000 120 hours @ $50/hr Benefits: $ 3,000 120 hours @ $25/hr Indirect costs: $ Contracts: $ 60,500 Contract for services, includes vault construction, pipes and installation Materials, goods, and services (list major item): $ Equipment(list major items): $ Travel: $ Other(please outline): $30,500 Stabilization of disturbed area, asphalt surface restoration Total Eligible Cost: $100,000 Funding Request 75% : $ 75,000 ECY 070-428 (09/11) Application Page 9 Part 2 FY 2012 Stormwater Retrofit and LID Grant Program Match Source List other funding sources and amounts, including local cash matching funds. In-kind contributions are not eligible. Funding Source: City of Kent $ 25,000 Funding Source: $ Funding Source: $ Describe the status of matching funds: cash match available in 2012 Cost Estimate Process: Reviewers award points to cost-effective projects with accurate cost estimates. For example, an applicant may determine cost effectiveness and estimate accuracy based on experience with past or on-going projects, through consultation with other entities that have related experience, or through a planning process such as value analysis. • Describe how costs were estimated. Include the steps taken to ensure accuracy. • Describe the process used to control cost and ensure that this is a cost effective project(e.g., value engineering or cost benefit analysis). • Identify the Match sources. Cost estimate was based on years of experience in design and construction of similar projects with similar tasks. During preparation of tasks and associated costs, careful review of past projects and expenditures were used in determining the proposed details and costs for this project. Costs will be controlled by closely reviewing and evaluating all expenditures to ensure they are in line with budget. The City of Kent has qualified staff that completed preliminary project design and will complete final design and SEPA which helps reduce the total overall project cost. City staff will oversee project construction to ensure timelines are met and costs are within budget. The match for this project will come from the City of Kent Drainage Utility fund. 3. SEVERITY OF PROBLEM, STORMWATER QUALITY, AND HYDROLOGIC IMPROVEMENTS Scoring Guide Total 300 Points Severity of the stormwater problem is well documented. Up to 100 pts. Project will achieve substantial water quality or Up to 100 pts. hydrologic benefits. The project provides treatment for a large portion of the watershed, or addresses a significant amount of the stormwater problem. ECY 070-428 (09/11) Application Page 10 Part 2 FY 2012 Stormwater Retrofit and LID Grant Program The project provides long term sustainability of water quality benefits (e.g., Operation and maintenance of the Up to 100 pts. system, long-term program follow-up, watershed management). Reviewers award points for addressing severe stormwater problems, documentation of those problems, and expected protection of water quality and improvements to hydrologic function. Projects with substantial environmental improvements receive the most points. Projects with measurable improvements receive more points than those with unclear or vague benefits. Reviewers will consider the actual benefit,the total impact(area impacted, number of people affected) and level of implementation, and the severity of the problem. Reviewers will consider only changes that can be achieved by the proposed scope of work. • Define the severity of the stormwater problem. If available, show how the problem has been documented in a plan or assessment(e.g., TMDL Water Quality Improvement Report or Water Quality Implementation Plan, presence of 303(d)-Listed water bodies, part of watershed or salmon recovery plan). • Describe the expected project results, including how the project will achieve water quality protection or improvements and restore hydrologic functions. • Describe how much of the watershed will be treated, and how much of the stormwater problem will be addressed by the project. • Describe how the water quality or hydrologic improvements will be sustained for the long-term. As appropriate, include information on how long-term operation and maintenance of the facility will be addressed. • If in the Puget Sound basin (WRIAs 1-19), describe how the project meets the goals of the Puget Sound Partnership Action Agenda, and how well it aligns with Section C of the Agenda. The Puget Sound Partnership Action Agenda can be found at: http://www.psp.wa.gov/aa action agenda.phhp James Street is a major east-west arterial which receives priority sanding during winter storm events. With a grade of 17%, stormwater runoff carries sand and sediments rapidly down the hill into catch basins which connect to a manhole, which then outlets to Mill Creek, a salmonid stream. This is a priority site for city crews to vactor out as soon possible following a winter storm event to ensure sand and sediment does not enter into Mill Creek as the manhole structure rapidly fills with sand during these storm events. This project, identified as a problem area in the City of Kent Drainage Master Plan, will install a larger water quality vault to increase sediment storage, preventing accidental discharge of sediments entering Mill Creek. A larger storage vault will maximize city crews and culvert cleaning and protect public safety with less road closures to maintain the system. Mill Creek is located in the Lower Mill Creek Basin which is approximately 3,129 acres. From upstream of the James Street outlet structure, Mill Creek flows 5.5 miles through the Kent valley and is a tributary to the Green River which has endangered species. Preventing sand and sediments from entering Mill Creek 1 contributes to the overall health of the stream and the watershed. The vault and associated infrastructure will be inspected and maintained by city crews as per the Phase II NPDES Municipal Permit requirements. ECY 070-428 (09/11) Application Page 11 Part 2 FY 2012 Stormwater Retrofit and LID Grant Program The project meets the following goals of the Puget Sound Partnership Action Agenda: A: Protect intact ecosystem processes, structures, and functions • Protect and conserve freshwater resources to increase and sustain water availability for instream and human uses: o Implement and update streamflow protection and enhancement programs C: Reduce the sources of water pollution • Use a comprehensive, integrated approach to managing urban stormwater runoff to reduce stormwater volumes and pollutant loadings. o Implement the municipal stormwater NPDES Phase I and II permits so discharges from municipal stormwater systems are reduced. Achieve overall water quality standards. o Prioritize and implement stormwater retrofits in urbanized areas, including roads. Develop high- level prioritization criteria for the selection of new projects. Link retrofit priorities to coordinated watershed restoration and pollution prevention strategies. o Work to stop pollution before it reaches Kent's streams and municipal storm sewer system. D. Work effectively and efficiently together on priority actions • Coordinated long-term strategy: o Integrate and coordinate implementation of existing sound wide and local plans and programs to improve efficiency and effectiveness in addressing Action Agenda priorities. * local watershed-based salmon recovery plans, water quality plans, comprehensive plans o Improve coordination and collaboration of watershed and marine groups to improve implementation efficiency and effectiveness, synthesize existing recommendations. E. Build an implementation, monitoring, and accountability management system • Build and use a performance management system to improve accountability for ecosystem outcomes, on-the-ground results, and implementation of actions: o Implementation of performance management system to make sure the most beneficial actions are being taken to protect and restore the ecosystem to9 achieve the desired goals. 4. PROJECT TEAM Scoring Guide Total 50 Points Team members' roles and responsibilities are well defined and an estimated percentage of time each team member Up to 30 pts. will devote to this project is adequate for the scope of work. Team members' past experience is relevant. Up to 20 pts. ECY 070-428 (09/11) Application Page 12 Part 2 FY 2012 Stormwater Retrofit and LID Grant Program Reviewers will award points based on skills, qualifications, and experience of the project team members. • Describe roles and responsibilities of each team member. As applicable, include contractors and partner agency roles. Include the estimated amount of time each team member will devote to the project. (e.g., what percentage of each team member's work week will be devoted to this particular project?) • Describe the relevant skills and qualifications of each team member(do NOT submit resumes). • Discuss your commitment to maintain staff competencies and responsibilities over the life of the project. Mike Mactutis, P.E., Environmental Engineering Manager Mike has 19 years of experience in Civil and Environmental engineering and has been the Environmental Engineering Manager for the City of Kent for six years. The projects and programs that his group is responsible for range from habitat restoration to flood protection to water quality to solid waste recycling and disposal. The City has made significant improvement in its environmental quality while Mike has been the manager, with advances made in how the City meets and exceeds NPDES Municipal Permit standards on the installation and function of public and private stormwater facilities. Mike has experience in designing and managing environmental projects as well as managing the needed resources to ensure they continue to be successful after they are constructed. Mike will spend about 2% of his time managing the team working on this project and provide leadership and input throughout the design and construction process. Alex Murino, P.E., Environmental Engineering Supervisor Alex is a registered Professional Engineer with over 15 years of combined experience in general civil and environmental engineering and is currently the City of Kent's Environmental Engineering Supervisor. In his professional career he has been involved in a variety of water quality and storm drainage projects both at the project engineer level and as a supervisor. Some of the projects include design of roadway drainage systems and sizing of conventional stormwater facilities for stormwater mitigation, drainage review of stormwater detention and treatment requirements for residential and commercial developments, and preparation of a citywide drainage master plan document which identified a ten-year list of project improvements to address flood protection and stormwater quality treatment needs throughout the city. Most recently, Alex was an engineer of record for a$5.2 Million project improvement in the Kent Valley which included installation of 3200 lineal feet of six-foot diameter pipe to divert roughly 260 acres of watershed area from a known flood prone area. The project was recently completed in 2011 and will reduce roadway flooding and water quality impacts to Mill Creek Alex will spend about 5% of his time supervising project staff on the James Street Outfall Improvements project. Chris Wadsworth, Environmental Engineering Technician Chris has 10 years of engineering and design experience. At the City of Kent, Chris supports team members on a variety of projects by developing CAD models, preparing design and construction documents, performing engineering calculations, and formulating cost estimates. Chris has worked on a variety of projects including floodplain wetlands, stormwater ponds, stormwater channels, and utility developments. Chris completed the conceptual design and will turn it into a set of design and construction documents, which he will then follow through the construction process. 15% of his time will be spent on project management and technical support. ECY 070-428 (09/11) Application Page 13 Part 2 FY 2012 Stormwater Retrofit and LID Grant Program 5 PROJECT DEVELOPMENT PROCESS AND LOCAL COMMITMENT Scoring Guide Total 50 Points A comprehensive decision making process was used to Up to 30 pts. arrive at the proposed project. The level of local support and commitments from project Up to 10 pts. partners is documented. A collaborative process will be implemented to execute Up to 10 pts. the project. Reviewers award points based on project development and implementation efforts and commitments from project partners. Provide documentation as appropriate (e.g. MOA, interlocal agreement). • Describe the decision making process used to select this project. Why was this project chosen as the best solution over other projects? • If applying for multiple projects in the same area or if this project is part of a larger phased project, describe how the projects or phases are different and explain the water quality priorities for the area. • Describe how you have involved and fostered local, regional, and statewide partnerships for the success of the project. n/a • Describe past project performance, water quality outcomes, and how you will sustain long-term water quality efforts for this project. • Describe past project successes, including outcomes achieved, and performance. The city determined this is a priority project as a result of the recently found direct impacts to the adjacent stream, resulting from winter sanding of James Street and the potential for sediments/sand being deposited directly into Mill Creek from stormwater runoff of large winter storm events. Additional projects near this location;the Mill Creek at James Stream Restoration project(downstream),the Mill Creek Restoration—Smith Street to James Street and Mill Creek Trunk Storm Drain Restoration— Titus Street to Smith Street(upstream) will greatly improve the water quality of the Lower Mill Creek Drainage Basin. These three projects will include widening and enhancing the stream channel, relocating 2,100 feet of channel directly downstream from this project through a restored and enhanced wetland, increasing channel capacity and improving overall water quality by filtering out pollutants and settling and depositing of sediments within the wetland substrate. The project aligns with previously established pollution prevention goals vetted by the NPDES Permit development process. Operation and maintenance of the project is according with the Phase II permit. The City of Kent has completed design and construction of similar projects related to improving water quality. ECY 070-428 (09/11) Application Page 14 Part 2 FY 2012 Stormwater Retrofit and LID Grant Program They include: Green River Natural Resources Area (GRNRA)—A 304-acre combined stormwater detention and enhanced wetland facility that provides a rich diversity of wildlife habitat. The site is one of the largest man-made, multi-use wildlife refuges in the United States. Mill Creek flows from a diversion channel into the enhanced wetland from the east and exits at the north end of the site. The GRNRA was configured to protect high-quality habitat at the site while substantially improving water quality in the lower reaches of Mill Creek. Stormwater runoff entering the site passes through an extensive treatment system, including two pre-settling ponds and a 20-acre constructed wetland, reducing sediment loads and urban pollutants from upstream. Water then enters the main lagoon for additional treatment prior to draining back into Mill Creek at the north end of the site. Provisions have been made to supplement flows during the critical low- flow periods in summer using three groundwater extraction wells. This augmentation helps improve oxygen levels and temperature conditions in lower Mill Creek. Planning for the project began in 1979. The city funded the majority of construction which began in 1996 and was completed on time in 1997. The city added a five-acre native plant nursery, completed in 1999. These native plants are planted throughout this site and in city-wide natural areas. The city has maintained and managed the site since 1996. This project was awarded the 1998 American Public Works Association Project of the Year. The GRNRA is located approximately 2 miles downstream from the Mill Creek(0 James Stream Restoration project. Value engineering was a constant during the design of this project, reducing the estimated cost of the project by about 30 percent,from $14 million to $10 million. Lake Meridian Outlet Channel—A three phase project which includes creation of new stream channel for fish habitat, connecting easterly from the outlet from Lake Meridian to Big Soos Creek. The new channel has large woody debris and extensive native plantings. Phase 2 was completed in 2011. The final phase,to be completed in 2012, will include enhancement of three acres of wetlands to improve water quality and provide flood protection. Total project cost: $3 million to be cost shared with the U.S. Army Corps of Engineers. Upper Johnson Creek Restoration—A two phase project which relocated a portion of Upper Johnson Creek, adding approximately 870 feet of new stream channel lined with coir logs, habitat logs, logjams, and streambed boulders to provide habitat. Habitat enhancements to the existing wetland on site included logs with rootwads, brush piles, removal of invasive vegetation and planting of native vegetation. The project improves water quality, benefits fish and wildlife habitat, and provides improvements for flood protection and stormwater conveyance. The project was completed on time. Total project cost: $500,000. Leber Homestead—Mill Creek Confluence/Green River Final Design—This project is in final design and will create off-channel habitat off of Mill Creek-Auburn, near the mouth of the Green River. The off- channel habitat will increase floodplain refuge habitat for Chinook and other salmon species. The project design is meeting timelines and will be completed September 2012. City staff is completing the final design and construction bid documents, reducing overall design cost. Project cost for preliminary and final design: $300,000, funded by State Salmon Recovery Funding Board. Downey Farmstead Restoration Project—The project will create off-channel rearing and refuge habitat for use in winter and spring months by juvenile salmon, particularly Chinook that inhabit the Green River. The project will also create additional floodplain storage to help alleviate flood damage in the urban and agricultural areas in the project vicinity. Minimization of flooding will also protect water quality. The ECY 070-428 (09/11) Application Page 15 Part 2 FY 2012 Stormwater Retrofit and LID Grant Program project will include removal of invasive plants, installation of native riparian vegetation, installation of wood debris structures and engineered logjams. Preliminary design was completed on time in March 2010 at a cost of$150,000. Final project design is planned to begin January 2012 at a cost of$300,000. Both preliminary and final design will receive funding from the State Salmon Recovery Funding Board and King Conservation District. Riverview Park Ecosystem Restoration—The project will provide summer rearing habitat and high flow winter refuge for salmon through creation of a new off-channel area from the main stem of the Lower Green River and across the river from the mouth of Mill Creek-Auburn (Leber Homestead). Improvements include a bioengineered channel side slope with benches, large wood debris, spawning gravels and riparian plantings. The city worked with the U.S. Army Corps of Engineers to complete final project design. Final design totaled $350,000, funding provided by State Salmon Recover Funding Board and federal stimulus funds. Construction is scheduled to begin in early 2012 at a cost of$2,957,000, funded by federal stimulus money, King Conservation District, City of Kent and State Salmon Recovery Funding Board. 6 READINESS TO PROCEED Scoring Guide Total 150 Points Project elements are in place for the project to proceed Up to 100 pts. and documentation is provided (e.g. Planning, Design, Permits). SEPA review is complete and documentation is provided. Up to 25 pts. Cultural Resources (Exec. Order 05-05) is complete and Up to 25 pts. documentation is provided. Reviewers will award points based on how soon a project can begin construction. • Describe the steps you have taken to proceed immediately with the project. Provide detailed information and documentation on project elements such as status of designs, permits, inter-local agreements, landowner agreements, easements, other secured funding, staff, or agency approvals. • Describe what environmental review has taken place, such as: o State Environmental Policy Act(SEPA). http://www.ecv.wa.gov/programs/sea/seva/e-review.html o Cultural resource assessment(Executive Order 05-05). http://www.dahp.wa.gov/pages/Enviro=entalReview/Laws.htm The city has completed the preliminary design for the James Street Stormwater Outfall retrofit project. The final design, permits, SEPA, geotechnical and structural studies, and Cultural Resources Review will be completed prior to construction. Matching funds are secured. The project will be ready to proceed in June 2012. ECY 070-428 (09/11) Application Page 16 Part 2 FY 2012 Stormwater Retrofit and LID Grant Program 7 EARLY ADOPTERS OF NEW REGULATIONS and TECHNOLOGY Scoring Guide choose one option) Up to a Total of 50 Points Applicant has adopted no requirements of the current permit. 0 pts. Applicant has adopted one of the permit requirements listed below. 10 pts Applicant has adopted two of the permit requirements listed below. 20 pts Applicant has adopted three of the permit requirements listed below. 30 pts Applicant has adopted four of the permit requirements listed below. 40 pts Applicant has adopted five of the permit requirements listed below. 50 pts Applicant provided information on implementation of new technology. 10 pts. Reviewers award points based on information provided by the jurisdiction for the number of the following permit requirements that are met: • Has the applicant developed and implemented a Stormwater Management Program(SWMP)? • Does the applicant have an active stormwater Public Education and Outreach Program? • Does the applicant have an active Illicit Discharge, Detection, and Elimination Program? • Has the applicant developed and implemented an ordinance to prohibit non-stormwater and illegal discharges and/or dumping in the permitted separate storm sewer system? • Has the applicant developed an Operation and Maintenance Plan for the permitted area? • Has the applicant mapped the permitted separate storm sewer system? Also, if applicable, please provide information on any new stormwater technology that has been implemented within this jurisdiction (e.g. low impact development techniques, TAPE). • Has the applicant implemented new stormwater technology in the permitted area? • Has the applicant developed and implemented a Stormwater Management Program (SWMP)? Yes, the city has per the Phase II NPDES permit. • Does the applicant have an active stormwater Public Education and Outreach Program? Yes,the city has a very active education program working with local schools, neighborhood groups and area businesses to provide education opportunities and awareness. • Does the applicant have an active Illicit Discharge, Detection, and Elimination Program? Yes • Has the applicant developed and implemented an ordinance to prohibit non-stormwater and illegal discharges and/or dumping in the permitted separate storm sewer system? Yes, Kent Municipal Code, Chapter 7.14 ECY 070-428 (09/11) Application Page 17 Part 2 FY 2012 Stormwater Retrofit and LID Grant Program • Has the applicant developed an Operation and Maintenance Plan for the permitted area? Yes,the city has and O & M program ensuring safe and efficient operations of all stormwater detention, treatments, and conveyance systems both to minimize flooding and to prevent or reduce pollutant runoff from municipal operations and the storm system. • Has the applicant mapped the permitted separate storm sewer system? Yes Sample information of all of the above bullets can be found online at www.KentWA.gov/NPDES, and is attached to this application. • Has the applicant implemented new stormwater technology in the permitted area? Yes, city projects include: pervious asphalt at Kent Town Square Plaza and Kent City Hall; grass paving installed at the Green River Natural Resources Area in 1999; Rainwater Harvesting System (cistern)for re-use in toilets at City Hall, installed in 2005; and Foster Park Levee project utilizing low impact development techniques. 8. HARDSHIP Scoring Guide Total 50 Points This jurisdiction has a Median Household Income less than 80 Up to 50 pts. percent of the state Median Household. Reviewers will award points based on jurisdiction's Median Household Income information provided. (Ecology will compare the information provided by the applicant to the Office of Financial Management data for state Median Household Income). • Please provide the Median Household Income for the applicant(see Appendix B in the FY 2012 Statewide Stormwater Grant Program Guidelines). Median Household Income—City of Kent $53,570 ECY 070-428 (09/11) Application Page 18 Part 2 FY 2012 Stormwater Retrofit and LID Grant Program Project Analysis Form Purpose Please fill in the application-level Project Analysis Form for the proposed stormwater infrastructure project. This information is necessary to obtain funding from the Department of Ecology (Ecology)for stormwater construction projects. Stormwater infrastructure technical information gives Ecology an opportunity to review and comment on the technical merits and cost effectiveness of projects, ensuring that Ecology's funds are used for only high quality projects. The information in the Project Analysis Form is not a permit requirement, but is a pre-requisite for applying for design/construction and/or construction funding. The Project Analysis Form must be complete enough that Ecology can fully understand the proposed project. A well described project will score higher than one with limited information. This information does not require the use of an engineer to prepare, but will be used by Ecology reviewers to further determine the overall scope of the project,the area the project is anticipated to protect,the relative size of the stormwater issue, and the readiness to proceed with design construction or construction. Required Elements Please address the following elements for the proposed project: 1. Provide information on the Technical Project Manager and their qualifications including professional licenses, experience, and relationship with applicant. Include contact information for the Project Manager. Alex Murillo, P.E., Environmental Engineering Supervisor E-mail: AMurillo@KentWA.gov Phone: 253-856-5528 Alex is a registered Professional Engineer with over 15 years of combined experience in general civil and environmental engineering and is currently the City of Kent's Environmental Engineering Supervisor. In his professional career he has been involved in a variety of water quality and storm drainage projects both at the project engineer level and as a supervisor. Some of the projects include design of roadway drainage systems and sizing of conventional stormwater facilities for stormwater mitigation, drainage review of stormwater detention and treatment requirements for residential and commercial developments, and preparation of a citywide drainage master plan document which identified a ten-year list of project improvements to address flood protection and stormwater quality treatment needs throughout the city. Most recently, Alex was an engineer of record for a$5.2 Million project improvement in the Kent Valley which included installation of 3200 lineal feet of six-foot diameter pipe to divert roughly 260 acres of watershed area from a known flood prone area. The project was recently completed in 2011 and will reduce roadway flooding and water quality impacts to Mill Creek. Alex will spend about 5% of his time supervising project staff on the James Street Outfall Improvements project. 2. Provide a project description that includes a location map and a topographical map of the drainage area overlain with project elements (buildings, swales, erosion control structures, etc.). Include a description of the flow control and/or water quality BMPs proposed. If you have not made a final decision on the facilities, identify what facilities you are considering and how the proposed BMPs will mitigate the pollutants on the site. ECY 070-428 (09/11) Application Page 19 Part 2 FY 2012 Stormwater Retrofit and LID Grant Program Sediment and total suspended solids will be contained within the vault preventing them from being discharged into the adjacent stream. 3. Provide the characteristics of the stormwater, including types of pollutant loads (TSS, Cu, Zn, P) and the land use in the area where the flow originates. Pollutant loads including TSS, CU and Zn in the stormwater are typical of urban roadway runoff. Land use in this area where flow originates includes residential, multifamily, mixed use, commercial, urban separator and parks and open space. 4. Provide an estimate of the size of the drainage area controlled by the proposed facility and the overall drainage area upstream of the point where runoff enters the receiving water. The Lower Mill Creek drainage basin is approximately 3,129 acres and Upper Mill Creek drainage basin upstream of the project area is 1,500 acres. 5. If the project is a retrofit, provide a discussion of how the proposed level of water quality treatment and flow control compare with the new and redevelopment standards. Currently there is no water quality treatment at the retrofit project site. Installation of the vault will provide simple and immediate water quality treatment by removing and storing the sediments. 6. Have you evaluated alternative projects and if so provide the reasons they are unacceptable. This is the most cost effective, efficient and immediate retrofit alternative with the least impacts to Mill Creek yet greatly improving the water quality. 7. If applicable, provide an estimate of the cost of the proposed project. Cost estimate of the two projects, upstream and downstream of this project location total over 5.8 million. The James Street Outfall Retrofit projects total cost is $100,000. 8. For infiltration sites, provide a discussion of the site suitability for the proposed project. • Include soil suitability to the site and depth to groundwater if known. • Include known site characteristics that would likely yield a suitable site. • Include the plan for further investigation that you will carry out in the design phase. n/a 9. Have the following activities been completed? If so, please check the box next to the completed items: ❑ Application for SERP or SEPA approval ❑ Receipt of SERP or SEPA DNS or MDNS ❑ Cultural Resources approval (Executive Order 05-05) ® Detailed pre-design/Engineering report. If completed attach copy to application. ® Construction Plans and Specifications (30 % complete) ❑ Council/Commission approval to advertise for bid ECY 070-428 (09/11) Application Page 20 Part 2 FY 2012 Stormwater Retrofit and LID Grant Program THIS CONCLUDES PART 2 ECY 070-428 (09/11) Application Page 21 KENT Agenda Item: Consent Calendar — 7H TO: City Council DATE: January 15, 2013 SUBJECT: Right-of-Way Dedication - Pacific Hwy S. at 242"d Street — Accept MOTION: Authorize the Mayor to sign the Quit Claim Deed dedicating Right- of-Way for South 242nd Street at Pacific Highway South, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: The city of Kent owns a small (864 square foot) parcel remnant that was once S. 242nd Street, adjacent to Pacific Highway South. To the west of this remnant is S. 242nd Street which is unopened city of Kent public right-of-way. Further to the west, S. 242nd Street is opened and connects to city of Des-Moines. The adjacent property owners have submitted plans to the City to construct a new development on their property. As part of that development, they are required to upgrade S. 242nd Street and use it as their access to and from Pacific Highway South and connect this street to the open portion of S. 242nd to the west. This property is not needed by the City as private property. EXHIBITS: Quit Claim Deed RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None i WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 Attn: Engineering/Property Services Grantor: City of Kent Grantee: City of Kent Abbreviated Legal Description: NE NE 21-22-4 Additional Legal Description on Exhibit A of Document. Assessor's Tax Parcel ID No. 212204-9192 MUNICIPAL QUIT CLAIM DEED The City of Kent, a Washington municipal corporation ("Grantor"), for and in consideration of mutual benefits derived and other valuable consideration, receipt of which is hereby acknowledged ged by Grantor, conveys and quit claims to the City of Kent, a Washington municipal corporation ("Grantee"), for right-of-way purposes, all its interest, including any after acquired title, in the following described real property situated in King County, Washington: SEE EXHIBIT "A" ATTACHED GRANTOR: By: Suzette Cooke Its: Mayor Municipal Quit Claim Deed Page 1 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the i person who appeared before me, and said person acknowledged that she signed j this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. i Dated: -Notary Seal Must Appear Within This Box- Fday NESS WHEREOF, I have hereunto set my hand and official seal ear first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM: Name: Kent City Attorney PACivi(,Porm9Q,it Cbim IkO-ROW Ddlirztion.Rm�m K,nt.do Municipal Quit Claim Deed Page 2 EXHIBIT-IL. -�! `®� E 1 i That portion of the northeast quarter of the northeast quarter lying in Section 21, Township 22 North, Range 4 East, W.M. , in King - County, Washington, lying westerly of State Highway No. 1 and '. northerly of the easterly extension of the north line of Lot 1, Block 7, Interurban Heights Fifth Section, recorded in Volume 17 of '.. Plats, page 85, and southerly of the easterly extension of the south line of Lot 20, Block 6, Interurban Heights Sixth Section, recorded in Volume 17 of Plats, page Be, in King County, Washington. KENT Agenda Item: Consent Calendar - 7I TO: City Council DATE: January 15, 2013 SUBJECT: Contract with Columbia Basin Water Works Large Meter Testing and Calibration - Authorize MOTION: Authorize the Mayor to sign a contract with Columbia Basin Water Works for testing and calibration of large distribution water meters, in an amount not to exceed $20,000, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: Testing the City's large water meters is important to ensure accuracy in measuring water use. Revenue generated from large meters is approximately 50% of annual water revenues. It is important that the City test the meter accuracy for water customers in order to guarantee accurate billing. Testing ensures we meet the American Water Works Association (AWWA) standards to be within three percent accuracy. Over the two year contract Columbia Basin Water Works will test and calibrate over one hundred large meters. Repairs will be made as needed. EXHIBITS: None RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Funding for this contract is accounted for in the annual operating budget. KENT Agenda Item: Consent Calendar - 73 TO: City Council DATE: January 15, 2013 SUBJECT: Amendment to the Conservation Futures Interlocal Cooperation Agreement for McSorley Creek Wetland Acquisition Grant - Accept MOTION: Authorize the Mayor to sign an amendment to the Conservation Futures Interlocal Cooperation Agreement for McSorley Creek Wetland Acquisition Grant with King County to reimburse the City $300,000 to purchase 40.58 acres of property known as the McSorley Wetland, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: On March 6, 2012, Council authorized the Mayor to sign all necessary documents to complete the purchase of 40.58 acres of land within an area generally known as the "McSorley Wetland," a large, high-quality wetland in the southwest corner of the City. Public Works has closed on this sale. This agreement provides for the transfer of $300,000 of King County Conservation Futures Levy funds to pay for this purchase. EXHIBITS: Interlocal Amendment RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Total acquisition cost is approximately $326,000 including tax, title, escrow and environmental assessment. Grant funds will cover $300,000 while the remaining $26,000 will come from the storm drainage fund. i AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT FOR OPEN SPACE ACQUISITION PROJECTS Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban cities. This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF KENT and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 29`h day of January, 1991. I The parties agree to the following amendments: I Amendment 1:Article 1. Recitals A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy Fund allocation for the McSorley Creek Wetland acquisition, and hereafter reads: • On November 24, 2008,the King County Council passed Ordinance 16312, which appropriated a total of Three Hundred Thousand Dollars ($300,000) in Conservation Futures Levy proceeds to the City of Kent for the McSorley Creek Wetland acquisition Project. On April 63 2009 the King County Council passed Ordinance 16442, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 16312. Amendment 2: Article V. Conditions of Agreement Section 5.1 is amended to include reference to Attachment L, which lists a 2009 Conservation Futures Levy Allocation for the McSorley Creek Wetland acquisition project. i i Amendment L 1 CFT Interlocal Amendment Kent-King County - 1 2009 CPT proceeds for McSorley Creek Wetland 1 i i Amendment 3: Article VII. Responsibilities of County i The first two sentences of this article are amended to include references to Attachment L, which lists a 2009 Conservation Futures Levy Allocation for the McSorley Creek Wetland acquisition project as follows: Subject to the terms of this agreement, the County will provide Conservation Futures Levy Funds in the amounts shown in Attachments A through L to be used for the Projects listed in Attachments A through L. The City may request additional funds; however, the County has no obligation to provide funds to the City for the Projects in excess of the total amounts shown in Attachments A through L. The County assumes no obligation for the future support of the Projects described herein except as expressly set forth in this agreement. Amendment 4: Attachment L The attachments to the interlocal agreement are hereby amended by adding Attachment L,which is hereby attached to the interlocal agreement, incorporated therein and made a part thereof. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. This document shall be attached to the existing Interlocal Cooperation Agreement. I I i Amendment L CFT interlocal Amendment Kent-King County 2009 CPT proceeds for McSorley Creek Wetland 2 IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: DING COUNTY CITY OF KENT Dow Constantine Suzette Cooke King County Executive Mayor Date: Date Acting under the authority of Acting under the authority of Ordinance 16442 Ordinance: Approved as to form: Approved as to forni: i I Dan Satterberg King County Prosecuting Attorney City Attorney I Amendment 1, CFT Interlocal Amendment Kent-King County 2009 CFT proceeds for McSortey Creek lVettand 3 i ATTACHMENT L 2009 CONSERVATION FUTURES LEVY CITY OF KENT ALLOCATIONS for MCSORLEY CREEK WE, Jurisdiction Project Allocation Kent McSorley Creek Wetland (16312) $ 300,000 TOTAL $ 300,000 Project Description: 315754 —I NT MCSorlev Creels Wetland: $ 300,000 This project will find the acquisition of an approximately 40-acre, multiple parcel wetland complex located between Pacific Highway South and Interstate 5, at 272ud Street South in Kent. The wetlands are the main remaining headwaters for McSorley Creek. They act as a filter for the creek and provide wildlife habitat for avian species in particular. r City of KENT—McSorley Creek Wetland: $ 300,000 i I l Amendment 1. - CFTinlerldcalAmendmentKent-King County - 2009 CPT proceeds for McSorley Creek Wetland 1 KENT Agenda Item: Consent Calendar - 7K TO: City Council DATE: January 15, 2013 SUBJECT: Boeing - Pacific Gateway Easement Releases - Accept MOTION: Authorize the Mayor to sign easement releases for the Pacific Gateway property, subject to terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: About 10 years ago Boeing platted a number of large parcels near its facility on 212th Street, in anticipation of developing the area into warehouse/ industrial spaces. Several easements were granted to the City for utilities that would have served these properties. Due to the slow economy utilities and infrastructure were never constructed and the associated property was not developed. Subsequently, Boeing plans to sell the property to a developer who has proposed warehouse/industrial development in a different configuration than the original plan. Therefore, the existing easements are not needed and require them to be cleared from the property title in order for the new development to move forward. EXHIBITS: (two) Partial Release and Cancellation of Easement and (three) Release and Cancellation of Easements RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None ........................................................................................................................ ...........................................................................I............ is AV 14W gr 19 f, 9SAVIM as Id ari 4S AV 06 LLI W AV 911 LU 38 AV Wil LLI u .o lqq LLI LLI Av VJ 16 ,vYM LL Ul n. cr f p or N !/✓!�I/ilf�,..,/� � Al rou� 4 r4w 4mxa k✓r 4 r It I k s N W 'S a^d u189 � c vi h W< J �W/� 9 V Q '��' »nmYnxYi.r„rmow„rw. Q i l 1 / � Q ry is r� U �aL , / ti AFTER RECORDING RETURN TO. Engineering Department City of Kent 400 West Gowe St. Kent, Washington 98032 Attn: Property Services Reference Number of Related Document: 20030213000918 GRANTOR: CITY OF KENT GRANTEE: THE BOEING COMPANY SHORT LEGAL: Ptn. of Lots 1, 2, 3 and 4, Pacific Gateway Division III Short Plat, SP2002-1, recorded under King County Recording No. 20030213900020, and amended under Recording No. 2006042790007 ASSESSOR'S PROPERTY TAX PARCEL: 022204-9065 Project: Pacific Gateway PARTIAL RELEASE AND CANCELLATION OF EASEMENT This Partial Release and Cancellation of Easement is made this day of , 2013, by the City of Kent, a Washington municipal corporation ("City"). RECITALS A. City and The Boeing Company, a Delaware corporation ("Boeing"), entered into that certain Ingress and Egress Emergency Access Easement dated January 29, 2003, and recorded under King County Auditor's Recording Number 20030213000918 ("Easement"), which granted an easement for ingress and egress for public safety purposes. B. Boeing has requested cancellation of a portion of the Easement and City has determined that, due to redevelopment of the subject parcels, that portion of the Easement is no longer necessary. City of Kent Access Easement Release (Partial) - Pacific Gateway Page 1 of 4 C. City and Boeing have determined that it is in their mutual best interest to cancel that portion of the Easement and release the City's interest therein. RELEASE AND CANCELLATION 1. Effective as of the date of this Partial Release and Cancellation of Easement, a portion of the Easement is hereby recognized as cancelled and terminated, and City releases all of its right, title and interest in that portion of the Easement, recorded as Document Number 20030213000918, to the extent legally described in Exhibit "A" and depicted in Exhibit "B" attached hereto and incorporated herein by this reference, pertaining to that property situated in King County, Washington. 2. Except for the portion released by this instrument, the Easement remains in full force and effect, along with the rights and responsibilities of both parties to the Easement. 3. The terms, covenants and conditions of this Partial Release and Cancellation of Easement shall be binding on and inure to the benefit of Boeing, its successors and assigns. GRANTOR: CITY OF KENT BY: ITS: ACCEPTED BY GRANTEE: THE BOEING COMPANY BY: ITS: (Notary Acknowledgements Appear on Next Page) City of Kent Access Easement Release (Partial) - Pacific Gateway Page 2 of 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires City of Kent Access Easement Release (Partial) - Pacific Gateway Page 3 of 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of _ to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires P:\Civil\Forms\Deeds,E sements,QuiWa i m Deed,Leases\Boei ng P cess Basment Partial Wease(Pac Gateway)1-2-13.docx City of Kent Access Easement Release (Partial) - Pacific Gateway Page 4 of 4 LEGAL DESCRIPTION PARTIAL RELINQUISHMENT INGRESS AND EGRESS EMERGENCY ACCESS EASEMENT That portion of an Ingress and Egress Emergency Access Easement, recorded under Recording Number 20030213000918, records of King County, Washington, lying within Lots 1, 2, 3, and 4 of Pacific Gateway Division III Short Plat, City of Kent Short Plat Number SP-2002-1, recorded under Recording Number 20030213900020, records of King County, Washington and amended under Recording Number 2006042790007, records of King County, Washington, EXCEPT any portion of said easement, lying within the East 491.57 feet of said Lot 2, ALSO EXCEPT any portion of said easement, lying East of the West line of the East 74.43 feet of said Lot 4, ALSO EXCEPT any portion of said easement lying within said Lot 3, lying East of the West line of the East 74.43 feet of the South 61.74 feet and the Northerly prolongation thereof. a� S • �N i� �/SiE SJ Hq l L ANa siGNED 12/21/2012 Project Name: Pacific Gateway November 26, 2012 Page 1 of 1 TSL 15200L.021.doc Exhibit: 15200EXH08-Emergency Vehicle.dwg 1 =250 EMERGENCY VEHICLE EASEMENT REC. NO. 20030213000918 �? AREA TO BE RELINQUISHED CY J =t=LL--49 o GATEWAY LOT 2 LOT I DVMmwm M M SHORT PUT EMERGENCY VEHICLE EASEMENT REC. NO. 20030213000918 �Q.20 VOLAGS, AREA TO REMAIN ` TR&C u v N E I O co LOOT % 3 W EMERGENCY VEHICLE EASEMENT U Q REC. NO. 20030213000918 d AREA TO BE RELINQUISHED 2 � � E 74.43'� EMERGENCY VEHICLE EASEMENT REC. NO. 20030213000918 0 LOOT 4 TO REMAIN EMERGENCY VEHICLE EASEMENT a� 5 Agti a REC. NO. 2003021300091E wnsH� AREA TO BE RELINQUISHED 322.24 g N � O N 7 SAL LNNa i DATE a SIGNED 12/21/2012 v SCALE: JOB NUMBER HORIZONTAL 1"=25D' VERTICAL N/A 15200 GHAV 18215 72ND AVENUE SOUTH PACIFIC GATEWAY lop a KENT, WA 98032 15200L.021.DOC m Z (425)251-6222 (425)251-8782 FAX RELINQUISHMENT OF SHEET s �`� CIVIL ENGINEERING, LAND INGRESS, EGRESS & EMERGENCY PLANNING, SURVEYING, VEHICLE EASEMENT EN ENVIRONMENTAL SERVICES 1 of 1 DESIGNED DRAWN KMA ICHECKED TSL JAPPROvED TSL IDATE 12 21 12 AFTER RECORDING RETURN TO. Engineering Department City of Kent 400 West Gowe St. Kent, Washington 98032 Attn: Property Services Reference Number of Related Document: 20050204000900 GRANTOR: CITY OF KENT GRANTEE: THE BOEING COMPANY SHORT LEGAL: Lot 1 of Pacific Gateway Division III Short Plat, SP2002-1, recorded under King County Recording No. 20030213900020, and amended under Recording No. 2006042790007 ASSESSOR'S PROPERTY TAX PARCEL: 022204-9065 Project: Pacific Gateway RELEASE AND CANCELLATION OF EASEMENT This Release and Cancellation of Easement is made this day of , 2013, by the City of Kent, a Washington municipal corporation ("City"). RECITALS A. City and The Boeing Company, a Delaware corporation ("Boeing"), entered into that certain Ingress and Egress Emergency Access Easement dated February 3, 2005, and recorded under King County Auditor's Recording Number 20050204000900 ("Easement"), which granted an easement for ingress and egress for public safety purposes. B. Boeing has requested cancellation of the Easement and City has determined that the Easement is no longer necessary. C. City and Boeing have determined that it is in their mutual best interest to cancel the Easement. City of Kent Access Easement Release (Full) - Pacific Gateway Page 1 of 4 RELEASE AND CANCELLATION 1. Effective as of the date of this Release and Cancellation of Easement, the Easement is hereby recognized as cancelled and terminated, and City releases all of its right, title and interest in the Easement, recorded as Document Number 20050204000900, and encumbering the following real property in King County, Washington, legally described in Exhibit "A" and depicted in Exhibit "B" attached hereto and incorporated herein by this reference. 2. The rights and responsibilities of both parties to the Easement have no further force or effect. 3. The terms, covenants and conditions of this Release and Cancellation of Easement shall be binding on and inure to the benefit of Boeing, its successors and assigns. GRANTOR: CITY OF KENT BY: ITS: ACCEPTED BY GRANTEE: THE BOEING COMPANY BY: ITS: (Notary Acknowledgements Appear on Next Page) City of Kent Access Easement Release (Full) - Pacific Gateway Page 2 of 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires City of Kent Access Easement Release (Full) - Pacific Gateway Page 3 of 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of _ to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires P:\Civil\Forms\Deeds,Easements,Quit laim Deed,Leases\Boeing Access Easment Full Wease(Pac Gateway)1-2-13.docx City of Kent Access Easement Release (Full) - Pacific Gateway Page 4 of 4 LEGAL DESCRIPTION RELINQUISHMENT INGRESS AND EGRESS EMERGENCY ACCESS EASEMENT Ingress and Egress Emergency Access Easement, recorded under Recording Number 20050204000900, records of King County, Washington, lying within Lot 1 of Pacific Gateway Division III Short Plat, City of Kent Short Plat Number SP-2002-1, recorded under Recording Number 20030213900020, records of King County, Washington and amended under Recording Number 2006042790007, records of King County, Washington. G� S. Lq� Sy i Q 'N O > J� F I S T NAL L ANC DATE SIGNED 1/3/2013 Project Name: Pacific Gateway December 26, 2012 Page 1 of 1 TSL 15200L.029.doc Exhibit: 15200EXH09-Emergency Vehicle.dwg EMERGENCY EASEMENT REC. NO. 20050204000900 1'=250' AREA TO BE RELINQUISHED Q 41 EMERGENCY VEHICLE EASEMENT REC. NO. 20030213000918 � N d O r paCMIC QA4EW&V LOT 2 ®4 10uduMuOH 11H E SHORT PLAT VOL.198, ra.29B o TRACT V U H � I 0 U V/ Q1 W LOOT U E w a J r o a = x w 0 - -- �L LOOT S 0 o y q 57 /� Fg1 STERE CD o Nq l L ANC i DATE d sicNED 1/3/2013 L` SCALE: For: JOB NUMBER HORIZONTAL 1"=250' VERTICAL N/A PACIFIC GATEWAY 15200 P G H A U 18215 72ND AVENUE SOUTH KENT, WA 98032 15200L029.DOC m 2 (425)251-6222 (425)251-8782 FAX Title: SHEET CIVIL ENGINEERING, LAND RELINQUISHMENT OF ADDITIONAL PLANNING, SHRVEYING, INGRESS, EGRESS, AND VEHICLE ENVIRONMENTAL sERvicEs EASEMENT 1 0+ 1 DESIGNED XXX 1DRAWN STM ICHECKED TSL JAPPROvED TSL I DATE 12 26 2012 AFTER RECORDING RETURN TO. Engineering Department City of Kent 400 West Gowe St. Kent, Washington 98032 Attn: Property Services Reference Number of Related Document: 20050527000350 GRANTOR: CITY OF KENT GRANTEE: THE BOEING COMPANY SHORT LEGAL: Ptn. of Lot 1, Pacific Gateway Division III Short Plat, SP2002-1, recorded under King County Recording No. 20030213900020, and amended under Recording No. 2006042790007 ASSESSOR'S PROPERTY TAX PARCEL: 022204-9065 Project: Pacific Gateway RELEASE AND CANCELLATION OF EASEMENT This Release and Cancellation of Easement is made this day of , 2013, by the City of Kent, a Washington municipal corporation ("City"). RECITALS A. City and Belshaw Bros. Inc., a Washington corporation, predecessor in interest to The Boeing Company, a Delaware corporation ("Boeing"), entered into that certain Water Line Easement dated May 5, 2005, and recorded under King County Auditor's Recording Number 20050527000350 ("Easement"), which granted an easement for a public water line with necessary appurtenances. B. Boeing has requested cancellation of the Easement and City has determined that the Easement is no longer necessary. C. City and Boeing have determined that it is in their mutual best interest to cancel the Easement. City of Kent Waterline Easement Release - Pacific Gateway Page 1 of 4 RELEASE AND CANCELLATION 1. Effective as of the date of this Release and Cancellation of Easement, the Easement is hereby recognized as cancelled and terminated, and City releases all of its right, title and interest in the Easement, recorded as Document Number 20050527000350, and encumbering the following real property in King County, Washington, legally described in Exhibit "A" and depicted in Exhibit "B" attached hereto and incorporated herein by this reference. 2. The rights and responsibilities of both parties to the Easement have no further force or effect. 3. The terms, covenants and conditions of this Release and Cancellation of Easement shall be binding on and inure to the benefit of Boeing, its successors and assigns. GRANTOR: CITY OF KENT BY: ITS: ACCEPTED BY GRANTEE: THE BOEING COMPANY BY: (Title) (Notary Acknowledgements Appear on Next Page) City of Kent Waterline Easement Release - Pacific Gateway Page 2 of 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires City of Kent Waterline Easement Release - Pacific Gateway Page 3 of 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of _ to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires P:\Civil\Forms\Deeds,Easements,Quit laim Deed,Leases\Boeing Waterline Easment Release(Pac Gateway) 1-2-13.docx City of Kent Waterline Easement Release - Pacific Gateway Page 4 of 4 LEGAL DESCRIPTION FULL RELINQUISHMENT OF PUBLIC WATERMAIN EASEMENT Public Watermain Easement, recorded under Recording Number 20050527000350, records of King County, Washington, lying within Lot 1 of Pacific Gateway Division III Short Plat, City of Kent Short Plat Number SP-2002-1, recorded under Recording Number 20030213900020, records of King County, Washington and amended under Recording Number 2006042790007, records of King County, Washington. Jp� S L4 78 0 �� Nq l L ANa DATE SIGNED 12/21/2012 Project Name: Pacific Gateway November 26, 2012 Page 1 of 1 TSL 15200L.026.doc Exhibit: 15200EXH07-Waterli ne.dwg 1'=200' Q� P.%c c (m'/VrEwn Qv MyMOO N M SHORT PUT MOOLA&g , p3,20 LOT a LOT 1 N O N 411 Il(IV`l 11 Il W E � 26'X15' PUBLIC WATERMAIN v D EASEMENT o 0'^ REC. NO. 20050527000350 V/ 3 N v LOOT 0 a 's J x a N ASy 2,p � o 0 N O ( N LOT �ST NAL LANa i SIIGNEo 12/21/2012 v SCALE: JOB NUMBER HORIZONTAL 1"=200' VERTICAL N/A 15200 GHAV 18215 72ND AVENUE SOUTH PACIFIC GATEWAY to e KENT, WA 98032 15200L.026.DOC mP FZ (425)251-6222 (425)251-8782 FAX SHEET S� �` CIVIL ENGINEERING, LAND RELINQUISHMENT OF EN ENVIRONMENTAL SEIRVICEs WATER LINE EASEMENT 1 0+ 1 DESIGNED DRAWN KMA ICHECKED TSL JAPPROvED TSL IDATE 12 21 12 AFTER RECORDING RETURN TO. Engineering Department City of Kent 400 West Gowe St. Kent, Washington 98032 Attn: Property Services Reference Number of Related Document: 20030213000917 GRANTOR: CITY OF KENT GRANTEE: THE BOEING COMPANY SHORT LEGAL: Lots 3 and 4, Pacific Gateway Division III Short Plat, SP2002-1, recorded under King County Recording No. 20030213900020, and amended under Recording No. 2006042790007 ASSESSOR'S PROPERTY TAX PARCEL: 022204-9065 Project: Pacific Gateway RELEASE AND CANCELLATION OF EASEMENT This Release and Cancellation of Easement is made this day of , 2013, by the City of Kent, a Washington municipal corporation ("City"). RECITALS A. City and The Boeing Company, a Delaware corporation ("Boeing"), entered into that certain No-Build Easement - Area 3 dated January 13, 2003, and recorded under King County Auditor's Recording Number 20030213000917 ("Easement"), which granted an easement for the purpose of preserving an area of real property essentially unobstructed from the ground to the sky. B. Boeing has requested cancellation of the Easement and City has determined that the Easement is no longer necessary. C. City and Boeing have determined that it is in their mutual best interest to cancel the Easement. City of Kent No-Build Easement Release - Pacific Gateway Page 1 of 4 RELEASE AND CANCELLATION 1. Effective as of the date of this Release and Cancellation of Easement, the Easement is hereby recognized as cancelled and terminated, and City releases all of its right, title and interest in the Easement, recorded as Document Number 20030213000917, and encumbering the following real property in King County, Washington, legally described in Exhibit "A" and depicted in Exhibit "B" attached hereto and incorporated herein by this reference. 2. The rights and responsibilities of both parties to the Easement have no further force or effect. 3. The terms, covenants and conditions of this Release and Cancellation of Easement shall be binding on and inure to the benefit of Boeing, its successors and assigns. GRANTOR: CITY OF KENT BY: ITS: ACCEPTED BY GRANTEE: THE BOEING COMPANY BY: ITS: (Notary Acknowledgements Appear on Next Page) City of Kent No-Build Easement Release - Pacific Gateway Page 2 of 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires City of Kent No-Build Easement Release - Pacific Gateway Page 3 of 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of _ to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires P:\Civil\Forms\Deeds,Easements,Quit laim Deed,Leases\Boeing No-Build Easment Release Rac Gateway)1-2-13.docx City of Kent No-Build Easement Release - Pacific Gateway Page 4 of 4 LEGAL DESCRIPTION RELINQUISHMENT OF NO-BUILD EASEMENT- AREA 3 No-Build Easement Area 3, recorded under Recording Number 20030213000917, records of King County, Washington, being located within Lots 3 and 4 of Pacific Gateway Division III Short Plat, City of Kent Short Plat Number SP2002-1, recorded under Recording Number 20030213900020, records of King County, Washington and amended under Recording Number 2006042790007, records of King County, Washington. _A°of Ills, T� ti F� 0 7 � L ANa SIGNED 12/ /2012 Project Name: Pacific Gateway December 21, 2012 Page 1 of 1 TSL 15200L.024.doc Exhibit: 15200EXH06-No Build TRACT K 1'=250' PACCOFm (GATEWAY SHORT PLAT VOL.190, PS.90 LOT 9 L04 2 w Y CZ J K O TRACT Y x 0 v LOOT 3 a J N a E x � v NO-BUILD EASEMENT REC. NO. 20030213000917 3 TO BE RELINQUISHED m L04 4 z 0 w 0 0 0 0 0 9 4578 0 N4L LNNa i DATE a SIGNED 12/21/2012 v SCALE: JOB NUMBER HORIZONTAL 1"=25D' VERTICAL N/A 15200 GHAV 18215 72ND AVENUE SOUTH PACIFIC GATEWAY to e KENT, WA 98032 15200L.024.DOC mP FZ (425)251-6222 (425)251-8782 FAX RELINQUISHMENT OF SHEET s �`� CIVIL ENGINEERING, LAND NO-BUILD EASEMENT EN G1G ENVIRONMENTAL SEIRVICES NUMBER 3 1 0+ 1 DESIGNED DRAWN KMA ICHECKED TSL JAPPROvED TSL IDATE 12 21 12 KENT Agenda Item: Consent Calendar - 7L TO: City Council DATE: January 15, 2013 SUBJECT: Kent North PUD Division I - East Site, Bill of Sale - Accept MOTION: Accept the Bill of Sale for the Kent North PUD Division I - East Site project, permit no. 2062462 for 10 sanitary sewer manholes, and 1,522 linear feet of sanitary sewerline. SUMMARY: The Kent North PUD Division I - East Site project is located at 4520 S. 216th Street; Parcel #1022049113. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None Bill of Sale Page I or3 KENT r � W.ASHINGTON MAIL TO: ENGINEERING DEPARTMTNT ATTN: Fr k 2204 To AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT;KENT NOMIf Pill) :DN I-EAST SrrE EIVA#:2062,162 LOCATION: TAX ACCr NO:_a(> 3G�YJl95r 2�a 3o200�raj, I�C�49ldL_c-L(a.�o4 v i o BR,L OF SALE CITY OF KENT KING COUNTY,WASHINGTON - TMS INSTRUMENT made this 7*A day of Sunuwu 2008 ,by and between R' P/v t N & LL,- hereinafter called"Granters", and City of Kent,a municipal corporation of King County,State of Washington,hereinafter called "Grantee": WITNFSSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WAT_T_RMAiNS: together with a total of gate valves at$ each, hydrants at$ each and I or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including linear feet at$ per LF of (size&tppc) DI waterline. Including linear feet at$. per LF of (size&type) DI waterline. Including_linear feet at$ per IF of (size&type) Dl waterline. B. tj A_RY SF WERS; Together with a total of 10 manholes at S 3S6o' each and I or any other appurtenances thereto. ON FROM TO Including 1522 linear feet at$ 3¢� per LF of 8" (size&type) - PVC sewer line. C. STREETS r Together with curbs,gutters,sidewalks,and 1 or any other appurtenances thereto. ON FROM TO Paee I of Bill of Sale Bill of Sale Page 2 of 3 (street,esmt,etc) Including centerline LF it$ per LF of (type)streets, Feet asphalt roadway. D. STORM 9FlVERS: Together with a total of manholes at$ each or a total of catch basins at$ each, LF of biofltration wale or drainage ditch with a total cost of$ CF of detention pond storage with a total cast of$ ,and/or any other appurtenances thereto. ON FROM 9_O (street,emit,etc) Including linear feet at$ per LF of (size&type) sewer line. To have and to hold the same to the said Grantee,its successes and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property;and that the same is free from all euc mabrances;that all bills for labor and material have been paid;that it has the right to sell the same aforesaid;that it will warrant and defend the same against the lawful claims and de nand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itseR',its successors and assigns to incorporate said utilities in its mility system and to maintain them is provided in the applicable City Ordinances. IN WITNESS WHEREOF;the undersigned has caused this instrument to be executed on this 7'h day of T��% ,20 Ord gA.uy,li�) U,�a,d STATE OF WASHINGTON ) )SS COUNTY OF KING ) /} On this 7/h day of 20 before me,the undersigned A Notary Public iu ,nd fmithe Stale of Washington,duly commissioned and sworn,Persanally appeared to me known to be the individual described in and who executed the foregoing ins(rument,and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 714 day of - 20 it U4i�,. arhy�(y 4 Notary Public inat for the 9 '`O State of Washington residing at �.rEsoX G v' oil U4, My Commission Expires:lU-S-vy STATE OF WASHINGTON ) )SS COUNTY OF KING ) Pagc 2 of 3 Rill of Sale Bill of We Page 3 of 3 On this day of ,20 ,before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared and to me Imown to be the and respectively of the that executed the foregoing insbrtuuent,and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and Purposes therein mentioned,and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington,residing at My Commission Expires: The Rill of Sale is given and accepted pursuant to a motion duty made,seconded,and passed by tire City Council of the City of Kent,King County,Washington,on the day of 20 Page 3 of Bill of Sale KENT WASHINGTGN ADDENDUM TO BILL OF SALE CITY OF KENT ICINC COUNTY,WASWNGTON The figures used on the Bill of Sale for Kent North P.U.D.—Div.1 East Site project dated Anaust 25,2006 ,were based oil the"As-Built"Engineering Plans dated December 17,2007 ,for the same said Kent North P.U.D.—Div.I project. Kenneth William Shiplev,PLS the i undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill i of Sale and is an employee of Core Design,Inc. ,the firm responsible for the preparation of the"As-Built'Fngineering Drawings. ILL Sign ure GISTf� �` y pPo�1L LR.fiU MD1sM to 2V.6$ KENT Agenda Item: Consent Calendar - 7M TO: City Council DATE: January 15, 2013 SUBJECT: Kent North PUD Division II, Bill of Sale - Accept MOTION: Accept the Bill of Sale for the North PUD Division II project, permit no. 2073940 for 23 gate valves, 8 hydrants, and 4,464 linear feet of waterline, 20 sanitary sewer manholes, and 3,999 linear feet of sanitary sewerline. SUMMARY: The Kent North PUD Division II project is located at 2133 Frager Road South; parcel #7349350870. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None Bill of Site Page 1 of 3 r KENT ® . WA5 III NGTON ' MAIL TO; ENGINEERING DEPARTMENT ATTN: 220 4a'AVENUE SOMM UTF' G17 ::: i(iI KENT,WASHINGT'ON 98032 n �(}er PROJECT:Kent North Div.2 KfVA ARECC-2073940 LOCATION:E of Riverview Blvd TAX ACCT NO: BILL OF SALE CITY OF KENT KING COUNTY,WASHTNGTON cY TfI�S INSTRL'11'IENT nude this day of bzuY u , 20 C�£' ,by and between {`i.ve,-Cn�2o�r 5' ('sJ(nrt 0.�� ,hereinafter called"Grantors", and City of Kent,a municipal corporation of King County,State of Washington,herinafter called "Grantee": NVITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WA'IERMATNS: together with n total of 13-8" gate valves at$_ rGic � each,a total of 10-10" gate valves at$ _ . UC>�—each,and 8 hydrants at $ 3�21-5' each and!orany other appurtenances thereto. ON FROM TO (street,esmt,etc) Roads I,J,K,L,M,N,P Riverview Blvd_S And&216"'St. Including 3228 ]local,feet at$ w� per LF of 8"DI (size&type) waterline. i0 And including 1236 linear feet at$ J per LF of 10"DT (size&type) waterline. B. SANITARY SEWERS: Togetherwith a total of 21) manholes at Ir v_ _. - $��}y each and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) .Roads J,K,I.,M,N,P Riverview Blvd.S And S.2161h St. 5 Including 1390 linear feet at$ �J© per LF of 8" (size&type) PVC sewer line. �S And including 1132 linear fee[at$ per LN of lit" (Size&type) PVC sewer line. Page 1 of Bill of Sale Bill of Sale Page,2 of 3 And including 1477 linear feet at per LF of IS" (size Sc typo) G900 sewer line. C. STRF,KTS: Together with curbs,gutters,sidewalks,and/or any other appurtenances therein ON FROM TO (street,taint,etc) Including ice) A centerline LF at$ �,,j �' per LF of (type)streets, Feet asphalt roadway. D. STORM SF.WF.R_S: Together with it total of mammies at$ L each or a total of ) 7_catch basins at$ !J) fN each, !Ll { LF of biofiltration swale or drainage ditch with a total cost of S CF of detention pond storage with a total cost of S fi ,and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) nn Including�linear feet at$ lij f !'t per LF of (size&type) M. P1 sewer hue. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property;and that the same is free from all encumbrances; that all bills for labor and material have been paid;that it has the right to sell the same aforesaid;that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WTTN�SS WIMIREi OF,the undersigned has caused this instrument to be executed on this a'3 r' day o1' l�_�..f ,2_..,n.F�n�"R ,20 o t3 STATE OF WASIIINGTON ) )SS COUNTY OF KING ) On this day of ,20 ,before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personally appeared to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me, that he/she signed and seated this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 Notary Public in and for the State of Washington,residing at My Commission Expires:_ Page 2 of' Bill of Sale Ritl of sale Page 3 of 3 STATE.OF WASI INGTON ) )SS COUNTY ON KING ) r� } On this b day of before me,the undersigned,a Votary Public in and for the State of Washington,duly commissioned and sworn,personally appeared &En 21� to me known to be the �i.(.i�uJ����.X �c of Ki�,L,-.-u.w rt�m�`Lt LLC-• the »*t.0 that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act anti deed of said wa— for the uses and purposes therein mentioned,and of oath stated that they nre nutho•wed to execute the said instrument. Witness my hand and official seat hereto affix the day and year first above written. s's0t iag•Ceo�l`oa`o�ey��'�=_ i 4, ( "� '', ;1--_ Notary PubjD in and for the State of Washington,residing at �P ��SG3 )lt II r4P 1 �Pyc �' �a6%t` My Commission Expires: The Bill of Side is given and accepted pursuant to a motion duly ma seconded,and passed by the City Council of fhe City of Kent,King County,Washington,on the day of 20 Page 3 of 3 Bill of Salo WABHIN OTOH ENGINEER'S CERTIFICATION CITY OF KEI4T KING COUNTY, WASHINGTON The figures used on theBill of Sale for K Cry NcI R I .J.P I) V- -. project 7 dated _ 1 - ` 0 C-� , for the same said Kr 3,,'—I MV FTN f)51= V, project. "`i-r'4 P-A- .A' U P.-7-?, (V the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of G o f, E D l SAC' fV .y\N/ [""�. ,the firm responsible for the preparation of the record drawings. Signature (Engineer stamp required) OV 44210 Bill of Sale 5ofs KENT Agenda Item: Consent Calendar - 7N TO: City Council DATE: January 15, 2013 SUBJECT: Kent North PUD Sewer Lift Station, Bill of Sale - Accept MOTION: Accept the Bill of Sale for the North PUD Sewer Lift Station project, permit no. 2060896 for 1 sanitary sewer manhole, and 854 linear feet of sanitary sewerline. SUMMARY: The Kent North PUD Sewer Lift Station project is located at 2133 Frager Road South; parcel #7349350870. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: 220 — 4T" AVENUE SOUTH KENT KENT, WASHINGTON 98032 Project: Kent North PUD Lift Station tC Permit #: 206 0896 '... Location: • (e. J;lad Parcel #: �Ct st BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON im fy THIS INSTRUMENT made this day of i=el ij 20 `=4 , by and between f L(! , hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements: A. WATERMAINS: Together with a total of gate valves at $ each, hydrants at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) waterline. B. SANITARY SEWERS: Includes wet well, pump station, and appurtenances at $ 681,000 total. Together with a total of 1_ manhole at 6000 each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Kent North PUD Lift Station Russel Road Bill of Sale Iof5 Including _31_ linear feet at $ _198_ per LF of 18" PVC sewerline. Including _813_linear feet at $ _95_ per LF of_8" DI_sewerline. Including _10_ linear feet at $ _175_ per LF of_12" DI_sewerline. C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) (improvement). D. FRONTAGE IMPROVEMENTS: 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 manholes at $ each or total of catch basins at $ each, 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.) Including linear feet at $ per LF of (size &type) 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 Bill of Sale 2of5 i I City Ordinances. The City accepts the items subject to staff approval and completion of a 2 vear maintenance period. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of 20 3 1 � 11 c� Ii 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 12 day of - 20 0 `t before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared rgb.Q to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official sea! this 1�-t day of y 20 0'j_ . 1 L2c� t Notary Public in and for the State of )) Washington, residing at C��Fd My Commission Expires. V ,tit, Bill of Sale 3of5 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of 20 before me, the undersigned A Notary "Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me to be the and respectively of the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington, residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 20 Bill of Sale 4of5 KENT WASHINGTON ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for Kent North PUD Lift Station project dated _December 17, 2007 for the same said ®Kent North PUD Lift Station project. Tara Burton the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Core Design, Inc._ , the firm responsible for the preparation of the record drawings. Signature (Engineer stamp required) O�Pr e w 0 ,Ma Bill of Sale 5of5 KENT Agenda Item: Consent Calendar - 70 TO: City Council DATE: January 15, 2013 SUBJECT: Kent North PUD, Bill of Sale - Accept MOTION: Accept the Bill of Sale for the North PUD project, permit no. 2061577 for 29 gate valves, 8 hydrants, and 4,625 linear feet of waterline, 9 sanitary sewer manholes, and 1,708 linear feet of sanitary sewerline, 3,861 linear feet of new street, 3 storm sewer manholes, 44 Type I catch basin, and 3,589 linear feet of storm sewerline. SUMMARY: The Kent North PUD project is located at 4520 S. 216th Street; parcel #1022049113. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None Bill of Sale Page 1 of 3 KENT WASHINQTON MAIL TO; ENGINEERING DEPARTMENT ATTN: F li 220 4"'AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT:KENT NORTH PUD-216TIA KIV6.r-9 4446< /C:f LOCATION: '' �����"" � TAX ACCT NO: --a eXA,15* BILL OF SALE CITY Of WENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this Yd day of January 2068,by and between Riverview North LLC ,hereinafter called"Grantors", and City of Kent,a municipal corporation of Icing County,State of Washington,hereinafter called "Grantee": WITNESSLTH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATF.RMAMS; together with a total of 29 gate valves at$ 2L-40 each, 8 hydrants at S 356o'eacb and/or any other appurtenances thereto. ON FROM TO S.216 Street Including 4151 linear feet at$ ��� per LF of 10" (size&type) DT waterline. Including 474 linear feet at$ 1-7 per LF of 8" (size&type) DI wnterine. Including linear feet at S per LF of 6" (size&type) D1 waterline. B. SANITARY SEWERS: Together with a total of 9 manholes at $ and/or any other appurtenances thereto. ON FROM TO S.216'"Street Including 1708 linear feet at S I+— per LF of 8" (size&type) PVC sewer line. C. STREETS: Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto, Page 1 of Bill of Sale Bill of Sale Page 2 of 3 ON FROM TO S.216,Street 70+91 100+02 Includiug 2910 centerline LF at$ /'"20 a per LF of COLLECTOR- ARTERIAL 44+FEETWIDE asphalt roadway. ON FROM TO S.216"Street I0+00 19+51 FD Including 951 centerline LF at$ 5 7 per LF of COLLECTOR- _ ARTERIAL, 21+1EET WIDE asphalt roadway. D. STORi�_4_S_F,WFJiS: Together with a total of 3 manholes at$ 56C4 each or a total of 44 TYPE I catch basins at S 1( So- each, LF of biofiltration swale or drainage ditch wiih a total cost of$ _CF of detention pond storage with a total cost ofS and/or any other appurtenances thereto. ON FROM TO S.2161'Street 70+91 10042 Including 2347 linear feet at Sf per LF of 12" PVC sewer line. Including 540 linear feet at$ per IF of 36" PVC sewer line. Including 334 linear feet at S 44 per LF of is" PVC sewer line. GG Including 106 linear feet at S O`�/ per LF of 24" PVC sewer lint. ON FROM TO S.216"Street 10+00 19+51 Including 206 linear feet at S r per LF of 12" PVC sewer line. Including 56 linear feet at S d¢ per LF of 24" PVC sewer ling To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property;and that the same is free from all encumbrances;that all bills for labor and material have been paid;that it has the right to sell the same aforesaid;that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHF,REOF,the undersigned has caused this instrument to be executed on this 3l sVL day of Alj I,A ,20 0 F STATE OF WASRINGTON ) )SS COUNTY OF KING ) Page 2 of 3 Bill of Sale Bill of Sale Page 3 of On this day of _ _ ,20 ,before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personally appeared to me known to he the individual described in and who executed the foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as hLA- er free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 Notary Public in and for the State of Washington,residing at My Commission Expires:_„ STATE.OF WASHINGTON ) )SS COUNTY OF KING ) Ou tlds .316d- day of '20 O g ,before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared B¢ ~d and to me known to be the F}ud-!,n✓'yea{ a i_ and respecfivelyof .Ql eiv�ev. R/nth t Lt_C_ the (L2M •1 L: h� fin. that executed the foregoing iustrmneut,and acknowledged the said instrument be the free and voluntary act and deed of said lr�,��an4 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. avUgl n, lWon .y Notary Public in and fu•the J_ Oa4 poy. Stgte of 'ashinrgton,residing at Doer J'ryr O `,P A1y Commission l:zpires: ln"? The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of ,20 Page 3 of 3 - Bill of Sale WA5-.HIAOTON ADDENDLNt TO BILL OF SALE CITY OF I ENT KING COUNTY,WASBINGTON The figures used on the Bill of Sale for Kent North V.E.D.—210 Plans project dated Auanst 15,2006 ,were based on the"As-Built"Engineering Plans dated December 14&17,2007 ,for the same said Kent North P.U.D.—2161"Plans project. Kenneth William Shipley,PLS the undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Core Desien Inc ,the firm responsible for the preparation of the"As-Built'Engineering Drawings. sign ure KENT Agenda Item: Consent Calendar - 7P TO: City Council DATE: January 15, 2013 SUBJECT: Kent North PUD, Division I, Bill of Sale - Accept MOTION: Accept the Bill of Sale for the North PUD Division I project, permit no. 2062462 for 20 gate valves, 7 hydrants, and 2,840 linear feet of waterline, 18 sanitary sewer manholes, and 2,790 linear feet of sanitary sewerline. SUMMARY: The Kent North PUD Division I project is located at 4520 S. 216th Street; parcel #1022049113. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None Bill of Sala Page 1 of 3 KENT WASHINOTON MATT TO: ENGINEERING DEPARTMENT ATTN: 3 rrT GF Kr Mf 2204Ta AVENISE SOUTH IMINT,WASHINGTON 98032 PROSECT:KENT NORTH PUD-DIV.P` 1C1VAM:20624b2 ioCATzoN:55�1�Shv�ew A/'d S. TAX ACCT NO; S, affz:.�hed BILL OF SALE CITY OF IUNT ICING COUNTY,WASHIPIGTON `PHIS INSTRUMENT made this f5 th dayof f-20 67 ,by and between every f.w AAVtIA L ,hereinafter called"Grantors", and City of Kent,a municipal corporation of King Canary,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. W ATERMAINS: together with a total of 20 eate valves at$ S1000 each, 7 hydrants at$ 3 OD each and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including 2840 linear feet at S��� per LF of S" (size&type) DI waterline, Including linear feet at S per LF of (size&type) DI waterline. Including_linear feet at S per LF of 6" (size&type),_ DI waterline. B. SANITARY SF,WFR 4.: Together with a total of 18 manholes at S ..3.500— each and/or any other appurtenances thereto. ON FROM TO Including 2790 linear feet at$3 4f per LB of 8" (size&type) PVC sewer line. C. STRRRTS: Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto, ON FROM TO Page 1 of 3 Bill of Sale Rill of Sale Page 2 of 3 (street,osmt,etc) Including centerline LF at S per LF of (type)streets, Feet asphalt roadway. D. STORM_SEWIERS; Together with a total of manholes at$ each or a total of catch basins at each, LF of biofiltration Swale or draina¢e ditch with a total cost of$ CP'of detention pond storage with a total cost of,$ ,and I or any other appurtenances thereto. ON FROM TO (street,esmt,etc) including linear feet at$ per LF of (size&type) sewer line. To have and to hold the some to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property;and that the same is free from all encumbrances, that all bills for labor and material have been paid,that it has the right to sell the same aforesaid;that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itsef,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this ,Z i6l?k Zda of —,20 63 Auf�ky-iced ASe.nf STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of ,20 ,before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,.personally appeared to me known to he the individual described in and who executed the foregoing instrument,and aclmowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 Notary Public in and for the State of Washington,residing at My Commission Expires;_ STATE OF WASHINGTON ) )SS COUNTY OF KING ) Page 2 of 3 Bill of Sale Bill of Sale Page3 of; C On this 5 day of A-..y�c.Sa' ,20 O 7 ,before me, the undersigned,a Notary Public in and for the State of Wa.sbington,duly commissioned and sworn,personally appeared ,� Le,., Rei.+wnt �d tome known to be the ./•har',zr�. +-61' A+`e6y of R,uP.�y `a w Na.d'7,, 4 G the -- that executed the foregoing instrument,and aelmowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned,and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. ������AAglgl� _ �ERu;fv�h,,y toptset�l�xr �4 Notary Public in an for the a a tia �e s '�, Sate of Washingtmy residing at Ll a }4 _ S 1C(11 Y11 My Commission Expires: The Rill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of 20 Page 3 of S Bill of Sale KENT WISHINGTON ADDENDUM TO BILL OF SALE CITY OF IZENP RING COUNTY,WASBINGTON The figures used on the Bill of Sale for Kent North P.U.D.—Div.I project dated ,were based on the"As-Built"Engineering Plans dated July 30,2007 ,for the same said Kent North P.U.D.—Div.1 project. Kenneth William Shipley,Sbipley,PLS the undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Core Design,Inc. ,the firm responsible for the preparation of the"As-Built'Engineering Drawings. �0�x ✓V Si ature KENT Agenda Item: Consent Calendar — 70 TO: City Council DATE: January 15, 2013 SUBJECT: Coal Trains — EIS Scoping Letter, Impact to City of Kent — Approve MOTION: Approve endorsement of the EIS Scoping Letter and authorize the Mayor and individual Council members to sign the document. SUMMARY: Committee members will be provided an opportunity to co-sign a comment letter on the Scoping of the Environmental Impact Statement (EIS) for the project. Background: Pacific International Terminals has submitted applications to develop the largest coal export facility in North America at Cherry Point in northwest Washington. Coal mined from the Powder River Basin in Montana and Wyoming would be hauled by trains along Burlington Northern Santa Fe (BNSF) rail lines. The coal train corridor extends from mines in Montana and Wyoming to Spokane, down through the Columbia River Gorge, then up along the Puget Sound coast, passing through Kent. The coal trains could create significant adverse impacts on local jobs and businesses, property values, human health and quality of life. Initially 18 coal trains per day, each up to one-and-a-half miles in length, are expected to move along the corridor (9 full and 9 returning empty). Substantial taxpayer investment may be required to support infrastructure to mitigate some of these potential adverse impacts. It is questionable whether damages to local businesses, regional identity, communities and fisheries could ever be adequately mitigated. The global impacts of coal export and coal combustion are significant, particularly when the future is considered.' The Public's Opportunity to Participate: Agencies and individuals can express concerns about the proposal during a period called "Scoping". Comments submitted will help inform the type and scope of impacts to be studied in the EIS. The EIS is the key document for agencies involved with approving or denying permits, permissions or leases for the project. Kent does not have approval authority over the project, but the city can request that impacts are identified and mitigated. The Scoping period lasts for 120 days and ends on Monday, January 21, 2013. Scoping comments should address which of the project's potential impacts should be studied, measured and considered. They should list the specific impacts to the affected party, the significance of those impacts, the direct and indirect costs of those impacts, and who will bear those costs, and what forms of direct mitigation should be studied. 1 Background paragraphs are paraphrased from information found at"coaltrains.org" Online comments can be submitted to: comments(abeisgatewaypacificwa.gov City of Kent Comments: Staff has prepared a draft letter outlining the major concerns to residents and businesses within the city of Kent regarding the impacts this proposal would create. The City's comments are primarily asking the agencies involved in the EIS to require analysis of local impacts on Transportation, Congestion & Safety, Public Health, Noise & Vibrations, and the Environment. A copy of the draft letter is attached here for your review. This issue is proposed for discussion at the Economic & Community Development Committee meeting of January 14, 2013. EXHIBITS: Scoping Letter RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 "I" ' `" Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: January 3, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members Special Public Works Committee Meeting Date: January 14, 2013 From: Cathy Mooney, Senior Transportation Planner Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Coal Trains — Impact to City of Kent Item - MOTION: Move to approve and endorse the Coal Export Facility Environmental Impact Statement Scoping Letter and authorize the Mayor and council members to sign the document. Summary: Staff will present information on a proposed coal export facility in northwest Washington that could negatively impact the City. Committee members will be provided an opportunity to co-sign a comment letter on the Scoping of the Environmental Impact Statement (EIS) for the project. Background: Pacific International Terminals has submitted applications to develop the largest coal export facility in North America at Cherry Point in northwest Washington. The "Gateway Pacific Termina/"would be operated by SSA Marine who is a global leader in maritime services. Coal mined by Peabody Energy from the Powder River Basin in Montana and Wyoming would be hauled by trains along Burlington Northern Santa Fe (BNSF) rail lines. The coal train corridor extends from mines in Montana and Wyoming through Sandpoint, Idaho, to Spokane, down through the Columbia River Gorge, then up along the Puget Sound coast, passing through Longview, Tacoma, Kent, Seattle, Edmonds, Everett, Mt. Vernon, Bellingham, Ferndale, and all points in between. There is evidence to support that the coal trains would create significant adverse impacts on local jobs and businesses, property values, human health and quality of life. The trains are expected to haul up to 54 million tons of coal per year. Initially IS coal trains per day, each up to one-and-a-half miles in length, are expected to move along the corridor (9 full and 9 returning empty). Substantial taxpayer investment may be required to support infrastructure to mitigate some of the potential adverse impacts created by the project. It is questionable whether damages to local businesses, regional identity, communities and fisheries could ever be adequately mitigated. The global impacts of coal export and coal combustion are significant, particularly when the future is considered.' 'Background paragraphs are paraphrased from information found at"coaltrains.org" The Public's Opportunity to Participate: Agencies and individuals can express concerns about the proposal during a period called "Scoping". Comments submitted will help inform the type and geographic scope of impacts to be studied in the EIS. The EIS is the key document for agencies involved with approving or denying permits, permissions or leases for the project. The Scoping period lasts for 120 days and ends on Monday, January 21, 2013. Scoping comments should address which of the project's potential impacts should be studied, measured and considered. They should list the specific impacts to the affected party, the significance of those impacts, the direct and indirect costs of those impacts, and who will bear those costs, and what forms of direct mitigation should be studied. Online comments can be submitted to: commentsCabeisgatewaypacificwa.gov City of Kent Comments: Staff has prepared a draft letter outlining the major concerns to residents and businesses within the City of Kent regarding the impacts this proposal would create. The City's comments are primarily asking the agencies involved in the EIS to require analysis of local impacts on Transportation, Congestion & Safety, Public Health, Noise & Vibrations, and the Environment. A copy of the draft letter is attached here for your review. Many other cities and elected officials, individually, have already commented, demanding a comprehensive review for local communities. This issue also is being discussed at the Public Works Committee meeting of January 14, 2013. Budget Impact: None KENT Agenda Item: Other Business — 8A TO: City Council DATE: January 15, 2013 SUBJECT: 2013 Legislative Agenda — Approve MOTION: Move to approve the 2013 State Legislative Agenda for the city of Kent. SUMMARY: Each year the city of Kent develops a State Legislative Agenda. Department Directors work together with their government affairs manager and lobbyist to decide on the positions that are most important to bring to the attention of the Washington State Legislature. These are then compiled in the form of a Legislative Agenda which is reviewed by the Mayor and Chief Executive Officer and then transmitted to the Council for final review and adoption. The September report by the Economic and Revenue Forecast Council shows the state can expect a $900 million dollar budget shortfall through the end of June 2015—the end of the upcoming biennial budget period. Compounding that deficit is the recent McCleary Supreme Court case, which dictates that the State spend $1 billion or more to meet its obligation to fully fund basic education. At the same time, the city con- tinues to face ongoing fiscal challenges delivering state mandated local government services. Our priorities in the upcoming session include, but are not limited to, protecting Streamlined Sales Tax payments, annexation incentive sales tax credit funds and other state-shared revenues, all with a combined annual impact of approximately $10 million. It is clear we will once again need an aggressive and effective lobbying effort during the 2013 state legislative session by all elected leadership of Kent. Only by working together will we be successful. EXHIBITS: 2013 Legislative Agenda RECOMMENDED BY: Mayor and Staff BUDGET IMPACTS: None 0 �M0wm \100140, ��'NINXIOXII\\XisKENT W-5 H O H G'Y G 1u City of Kent 2013 State Legislative Agenda The City of Kent's 2013 State Legislative Agenda is structured as follows: 1. The "Top-Priority Issues" are extremely important; therefore, will be the focus of Kent's advocacy efforts. 2. "Key Issues" are next in importance on Kent's list, and will also be a primary focus of our advocacy time and energy. 3. The Support/Oppose List includes important items and Kent will join others in strongly supporting or opposing those measures which have potential to impact the city. 4. The Track/Monitor List includes issues the City will watch as they evolve, and may engage itself to a greater degree if necessary. City of Kent TOP PRIORITY Issues Maintain State Commitments that fund Essential Services Since the recession began, Kent has made significant budget cuts including reducing its work force by 125 employees; delayed/cancelled dozens of capital projects and eliminated funding for various programs and contract agencies. Kent recognizes the State Legislature is confronting a $900 million shortfall and an obligation to make additional K-12 allocations in response to the McCleary decision. However, the City urges the Legislature to preserve critical state funding that is integral to local service delivery. • Protect Streamlined Sales Tax (SST) payments: The Legislature's 2007 enactment of local sales tax "sourcing" changes under the SST compact occurred only after a commitment by the Governor and the Legislature to provide full mitigation funding to jurisdictions that saw losses as a result of the change. The commitment was to continue until positive revenue from "voluntary compliance" sales tax receipts met or exceeded losses from the sourcing change. Annual impact: $4.9 million • Protect annexation incentive sales tax credit funds: In 2006 and 2009, the State enacted and then amended a sales tax credit program to assist jurisdictions in achieving annexations. The temporary tool (10 years) does not cover capital infrastructure costs, but it has been critical. Without it, Kent would not have gone forward with the Panther Lake annexation of 25,000 residents. Annual impact: $3.7 million • Protect key state-shared revenues overall: Kent is already coping with a one-year elimination of liquor excise tax revenues enacted as part of the State's 2012 Operating Budget. It is counter- productive to cut any further into revenues that help maintain public safety and assist with human service needs. Kent asks that lawmakers maintain these revenues. Annual revenues at risk include: - Liquor Profit Revenues: $842,678 - Liquor Excise Tax Revenues: $565,602 - Criminal Justice Assistance Funds: $473,611 Alternatives to Indigent Defense Rule issued by State Supreme Court: Kent joins cities across the state with significant operational and cost concerns over a recently issued indigent defense rule from the State Supreme Court. The rule mandates that by Sept. 1, 2013, no one attorney will be allowed to handle more than 300 cases per year - or possibly up to 400 if a "weighted average"formula is utilized. This rule has the effect of dictating new appropriations to local governments, and is an intrusion on the authority of the State Legislature. Kent will strongly support and assist with efforts led by the Association of Washington Cities (AWC) to provide policy or budget alternatives to the State Supreme Court's indigent defense rule. Retain &Attract Jobs Capital Budget request to make critical connections for REI, Raleigh Bicycle, Seattle Bike Supply: A top-priority economic development and jobs retention component for Kent - as well as the region and the state - is to keep the world headquarters of REI in the Green River Valley thriving. REI employs 1,300 people at its headquarters along 2281h Street and is a unique employer in that many of its employees commute by bicycle. Two nearby bicycle manufacturers - Raleigh Bicycle and Seattle Bike Supply - have a similar company culture. A key infrastructure connection for these companies involves the construction of bicycle facilities on 228th Street, making a critical link to the Interurban Trail. Kent will work with its lawmakers on a $1.55 million Capital Budget "Local/Community Project" request for the 2281h Street bicycle facilities and Interurban Trail connection. Retain $7 million appropriation for Briscoe-Desimone Levee improvements: Kent appreciates efforts by its delegation to include $7 million in the 2012 Capital Budget for Briscoe-Desimone improvements. King County's differing vision for what improvements should occur has held up construction of the levee upgrades. While a third-party reviews the issue, Kent will work with its delegation to ensure the $7 million appropriation is retained/reappropriated. 2 City of Kent KEY Issues Transportation For any transportation package the 2013 Legislature may develop, there are several key components for Kent: • Interstate 5/State Route 509 project - including connection to 2281h Street: With a direct connection at 2281h, an estimated 1/3r' of all truck traffic coming from the airport and seaport areas will diverted from I-5 and make direct connections to the Green River Valley distribution center. • Upgrades to State Route 167/Interstate 405 interchange: Kent will actively seek funding to upgrade 405/167, which is considered the state's most gridlocked interchange. The City also supports investments on I-405 to serve South King County. • Maintain Freight Mobility Funding: Kent is bisected by the Burlington Northern/Santa Fe and Union Pacific rail lines - carrying six-dozen freight trains daily through the Valley. Additional investment in freight corridors must be part of any transportation package. • Local funding distribution/local grant programs/local options: Any transportation package needs to include direct funding distributions to cities that can be tailored to specific needs, as well as enhanced funding for critical grant programs such as the Transportation Improvement Board (TIB). Law Enforcement/Criminal Justice • Anti-gangs intervention/prevention: The City strongly supports efforts to build on the $250,000 intervention/prevention grant program built into the 2012 Operating Budget. Intervention/prevention strategies, and dedicated funding that rewards regional cooperative efforts, must be integral components of anti-gang efforts. Fiscal Stability • Re-establishing the authority of cities to pay for fire hydrant costs through utility rates: For years, cities have financed the cost and upkeep of fire hydrants through utility rates. A State Supreme Court case --- the Lane case - called that practice into question, resulting in a situation where jurisdictions now much ask a// taxpayers to subsidize the cost of fire hydrants that are in reality a utility operation. A coalition will approach the Legislature to re-establish and clarify prior authority to pay for fire hydrant costs and upkeep through a utility rate base. Kent will strongly support this effort. Regulatory Reforms • Legislative/budget measures to relieve local government costs: Kent supports efforts to relieve cost pressures on local governments from regulations and requirements that are not sustainable during this recession. Specifically, this could include more flexibility in meeting alternative-fuel vehicle requirements, providing more time in-between required Shoreline and Growth Management plan updates, etc. 3 City of Kent "Support/Oppose" &"Track/Monitor" Issues Criminal Justice/Courts/Jails/Law Enforcement SUPPORT/OPPOSE • Protect criminal justice, law enforcement and courts funding: Kent will work to protect funding for municipal criminal justice, auto theft prevention, law enforcement academy training, sex offender address verification, public defense, and court interpreters. • Tougher juvenile gun crime penalties: Kent will support a bill brought forward by the King County Prosecutor to strengthen penalties against juveniles who illegally possess and commit crimes with firearms. Under current law, it takes five convictions before a juvenile is removed from the community and sent to 15-36 weeks of secured detention. • Vehicle Prowls — Cracking Down on Repeat Offenders: Kent supports legislation to increase the penalty for repeat vehicle prowl offenders to a felony. Vehicle prowls are a significant issue for Kent, particularly given the success the city and others have had in reducing automobile theft. • Support additional DNA sampling in criminal cases: Kent supports legislation to extend the use of DNA sampling to felony violations of court orders where there is probable cause and the defender is in custody. • Strengthen metal theft penalties: Kent supports legislation that strengthens metal theft penalties. TRACK/MONITOR • Gun control legislation: In the wake of the horrendous tragedy in Newtown, Conn., several state lawmakers are likely to bring forward bills to strengthen gun-control laws. Kent will track these issues and may wish to weigh on specific legislative measures. • Technical fix to DUI and DWLS-3 offenses: Kent will monitor efforts by District and Municipal Court Judges to make technical fixes to Driving under the Influence (DUI) and third-degree Driving While License Suspended (DWLS-3) statutes. • Authorize Municipal Courts to establish DUI Courts: Kent supports this effort and will track any 2013 legislation. • Court security funding: District and Municipal Court Judges may pursue this in 2013. Kent will track any legislation or funding that is pursued during the Session. Economic Development/Infrastructure SUPPORT/OPPOSE • Use lodging taxes toward the operating costs of special events and festivals: Kent supports a coalition effort to extend a provision of state law that allows cities to use hotel-motel taxes toward the operating costs of special events and festivals. • Tax-Increment Financing (TIF), Local Revitalization Financing (LRF): Kent supports a legislative initiative to create a more robust and ongoing "TIF tool in state law, or, failing that, the reauthorization of the LRF program. • Public Works Trust Fund (PWTF), Washington Wildlife, Recreation & Parks Program (WWRP): Kent supports efforts to ensure the PWTF is protected to the maximum extent possible. Similarly, the City will join others to protect Washington Wildlife, Recreation & Parks Program (WWRP) 4 funding. WWRP is vital in assisting local parks agencies with funding for local parks and trails, and water access projects. • Public Facility Districts (PFDs) - extending number of years a sales tax credit may be in effect: Kent supports an effort by PFDs to obtain a 15-year extension on the current 20-year maximum time-frame for utilizing a state sales tax credit toward the cost and financing of their facilities. • Retaining Tourism Promotion Area (TPA) funds: Kent will join with others to ensure the tourism bureau supporting South King County jurisdictions does not have its unused TPA funding authority shifted to other tourism bureaus. • Re-establish Funding for the Youth Athletic Facilities Account: The Youth Athletic Facilities account remains in state statute, but has not been funded for several years. The City supports the Washington Recreation and Parks Association's pursuit of this important funding tool. This approach would dedicate 50% of the expected sales tax proceeds from the application of sales tax on competitive leagues run by public agencies and private organizations. • Funding for Affordable Housing: Kent supports efforts to preserve funding for the Housing Trust Fund (HTF) and the Transitional Housing, Ownership and Rental assistance (THOR) program. The Housing Trust Fund helps construct affordable housing, leverages other resources and is a catalyst for investment and job creation that helps stimulate the economy. • Extend and remove the sunset date on alternative public works contracting statutes: Kent supports an AWC-led effort to extend state law that allows jurisdictions to use alternative public works contracting methods such as "design-build" and "general contractor/construction management" (GC/CM) toward certain types of construction projects costing $10 million or more. TRACK/MONITOR • Active/healthy community initiatives: Kent will track efforts by the Washington Recreation and Park Association (WRPA) and others to enhance active and healthy communities funding through Capital and Transportation Budget programs such as Safe Routes to Schools, the Bicycle-Pedestrian program, etc. Environmental, Water/Stormwater Issues SUPPORT/OPPOSE • Stormwater Funding: Kent supports efforts to provide sustainable and reliable stormwater funding to help cities with costly requirements of the National Pollutant Discharge and Elimination System (NPDES) Phase II provisions of the federal Clean Water Act. Funding for stormwater is a key to meeting the federally-mandated, state-administered requirements. • "Fish Consumption" Rates - and Impact on Water Quality Costs and Permitting: The State Department of Ecology (DOE) is in the midst of technical reports which may lead to rule-making on revised fish-consumption rates for residents. This very technical effort - and new standards that may be established as a result of it - could result in significant water quality permit and cost implications, particularly for local jurisdictions which operate wastewater treatment plants. Kent is aware of strong concerns within the business community and may support legislation to either modify proposed rules or promote a slower and more thoughtful process. • Puget Sound Action Agenda: The City supports the goals and objectives outlined in the Puget Sound Partnership's Action Agenda - as long as the Legislature does not turn these goals into unfunded mandates that add to the costs and burdens already faced by cities. • Extending the "Product Stewardship" program to prescription/pharmaceutical drug disposal: The Product Stewardship program was enacted by the Legislature as a manufacturer- s financed program to allow for the environmentally safe disposal of products such as electronics and lights that contain mercury. Kent supports efforts to expand the program to prescription and pharmaceutical drug disposal. • Puget Sound Acquisition and Recovery Funding (PSAR): Kent supports this program, which has in prior years provided critical funding for Green River Valley habitat enhancement. • Hydraulic Permit Approvals (HPAs): There may be legislative efforts in 2013 to clarify the Washington Department of Fish and Wildlife's (WDFW's) authority with respect to Hydraulic Permit Approvals (HPAs). Current law restricts that authority to permits for projects impacting state water bodies "at or below the ordinary high-water mark." WDFW contends its authority stretches beyond that. Kent agrees with a coalition of public- and private-sector groups that the WDFW authority should not go beyond "at or below" ordinary high waters. TRACK/MONITOR • Salmon Recovery Plans/Funding: Kent will track capital funding requests by the Recreation and Conservation Office (RCO) that enable the State to meet its state match for federal Pacific Coastal Salmon Recovery funds, and provide Salmon Recovery Funding Board (SRFB) dollars for projects within the various Watershed Resource Inventory Areas (WRIAs). • Watershed Investment Districts: Kent will track potential 2013 legislation that would allow for "Watershed Investment Districts"to be established under state law along with taxing authority to address water quality, habitat, and other environmental needs within a given watershed. Fiscal Issues SUPPORT/OPPOSE • Oppose legislation that would remove local control by centralizing the collection and administration of the local B&O tax and business licenses: The City will join the AWC and numerous individual cities in opposing this legislation if it is brought forward. • Clarifying state and local sales tax exemptions for"local phone service" were not meant to include cellular phone service: The Department of Revenue (DOR) may seek additional clarification in state law to ensure that cellular phone service is not exempted from state and local sales tax obligations. These cellular services currently are subject to state and local sales tax, but there is the specter of potential legal challenges. Kent strongly supports any effort to better clarify and protect this state and local sales tax authority under state law. • Unfunded mandates: Kent will oppose any legislation or budget provisions which would result in "unfunded mandates,"erode or eliminate local revenues, or add to local costs. • Support new revenue tools for cities and counties: The AWC may seek additional tools for local governments to assist with operating costs - especially given the increased pressure on estate-shared revenues." Kent will support these efforts. General Government SUPPORT/OPPOSE • Public Records Act reforms: Kent strongly supports transparency with the public and making records available to those who request them. In some cases, however, large, complex records requests are abusive, designed to stop projects, and result in significant time and resource burdens. Kent supports legislation that provides local governments with tools to limit and protect against public records requests that are harassment-related and place an undue burden on governmental entities. The City also supports efforts to allow local agencies to recover costs for "commercial purpose" records that are obtained and sold. 6 • Allowing digital outdoor advertising along state highways: Kent is prepared to support legislation authorizing local governments to permit digital outdoor advertising along state highways - so long as the legislation also provides appropriate zoning and regulatory controls. • Authorizing counties to discontinue Flood Control Zone Districts and fold these District functions into county government operations: Kent is prepared to oppose this legislation in 2013. • Protect bidding laws and contracting authority: Kent will join other local governments to protect local government authority in contracting and bidding laws. TRACK/MONITOR • Local government liability: Kent will track any efforts to help reduce state and local government liability exposure. Growth Management/Housing/Annexation/Land Use and Permitting SUPPORT/OPPOSE • Restore funding for GMA planning grants: Kent supports efforts to restore the GMA planning funds cut back during recessionary budgets. • Sex offender housing: Kent strongly support legislation requiring operators of housing for Registered Sex Offenders (RSOs) to comply with local zoning requirements for any facilities for which they receive state vouchers. TRACK/MONITOR • Land-Use/Climate Change legislation: The City will want to ensure legislation does not include unattainable or expensive mandates for local governments. • Oppose pre-emption of local control over energy-facility projects: Kent will track possible legislative efforts to pre-empt current local authority over the siting of small-scale energy facility projects. • Legislation requiring the use of hearing examiners: Kent will track possible legislation in this area. The city does not believe such a bill is needed, even if it does have an 'opt-out' clause. Human and Social Services SUPPORT/OPPOSE • Safety-net funding: Kent will join others in the human services community to support retention of safety-net funding for human services, particularly for mental health, DSHS/employment security and food assistance. TRACK/MONITOR • New-revenue source for public safety and human services: King County and human services groups will bring a proposal that would provide the County with councilmanic authority to raise the sales tax by up to 3/10ths of 1 cent to fund public safety and human services needs. Current law requires voter approval. The proposal would retain provisions of state law that require at least 1/3 of the new revenue to be expended for public safety and criminal justice purposes, and for 40 percent of the new revenue to be distributed to cities on a per-capita basis. LEOFF/PES/Employee Services Issues SUPPORT/OPPOSE • Oppose pension enhancements that add new costs — and fully fund pension responsibilities: Kent opposes pension enhancements that would add new costs to local governments, while at the same time urging the state to fully fund existing pension responsibilities. • Reforms to better manage personnel and labor costs: Kent is prepared to support initiatives put forth to help better manage personnel and labor costs, including reforms to binding arbitration statutes. TRACK/MONITOR • "Presumptive disease" for police: Existing state law provides workers' compensation benefits for firefighters, and their families, if their disease is presumed to have occurred as a result of the inherently dangerous conditions they faced during their terms of employment. If initiatives are brought forward to expand presumptive disease' laws to police employees, it presents cost impacts and concerns for Kent. Telecommunications TRACK/MONITOR • Oppose statewide franchise fee authority: In 2009, Verizon sought enactment of a statewide franchising structure for cable and video services. Had the legislation succeeded, it would have pre- empted local franchising authority that guides cable service in Kent and other local markets around the state. If this is proposed in 2013, Kent will join AWC in strongly opposing this local pre-emption effort. Transportation/Transit SUPPORT/OPPOSE Support legislation to remove the pilot designation for the State Route 167 High Occupancy Toll lanes project and to make these "HOT" lanes permanent: The 167 HOT Lanes have helped to reduce travel times for motorists and freight-haulers. The Washington State Department of Transportation (WSDOT) will thus bring forward 2013 legislation to make these HOT Lanes permanent. Complete Streets funding: Kent supports the inclusion of funding for the "Complete Streets" program (legislation was enacted in 2011) in any transportation package. Support legislation authorizing cities to better recover costs from state-corridor stormwater impacts on local communities: AWC is likely to pursue legislation in 2013 that provides cities with clarified and enhanced authority to collect stormwater fees from the WSDOT for stormwater impacts that affect local water quality and local communities. TRACK/MONITOR Legislation to provide cities more authority to set speed limits for state highway segments running through local communities: Legislation in this area was proposed in 2012 and will re-emerge in 2013. Kent will track this issue. 8 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 December 4, 2012 Committee Members Present: Les Thomas, Chair, Dennis Higgins and Jamie Perry The meeting was called to order by L. Thomas at 4:03 p.m. 1. APPROVAL OF MINUTES DATED NOVEMBER 20, 2012. J. Perry moved to approve the Operations Committee minutes dated November 20, 2012. D. Higgins seconded the motion, which passed 3-0. 2. APPROVAL OF CHECK SUMMARY REPORT DATED NOVEMBER 1, 2012 THROUGH NOVEMBER 15, 2012. D. Higgins moved to recommend that the City Council approve the Check Summary Report dated November 1'`, 2012 thru November 15th, 2012. J. Perry seconded the motion, which passed 3-0. 3. 2012 4CULTURE SITE SPECIFIC KING COUNTY PERFORMANCE NETWORK GRANT- ACCEPT. R. Billerbeck presented the grant for the City Council to accept. The grant is funded by 4Culture arts based on the projects. The Kent Arts commission was awarded $6,500 in Site Specific King County Performance Network Funding. This funding supported the development and presentation of artists as part of the Earthworks Tour Inaugural Ride in June 2012. J. Perry moved to recommend accepting the Site Specific King County Performance Network grant from 4Culture in the amount of $6,500, amend the budget, and authorize expenditure of funds in accordance with the grant agreement. D. Higgins seconded the motion, which passed 3-0. 4. FEDERAL LOBBYIST 2013 CONSULTANT SERVICES AGREEMENT-AUTHORIZE. B. Wolters presented the renewal of annual agreement for Federal Lobbyist consultant with VanNess Feldman, Attorneys at law. The firm understands the city's financial position so decided to cut down the cost to $56,000. The firm will provide representation to secure Congressional and Executive Branch support to replace, repair, certify and accredit the Green River Levee system in the city. J. Perry wants to get a report of what could be done with the money they are getting. B. Wolters replied that B. McMakin and answer any questions when he comes back from DC. L. Thomas pointed out the error in amount on page 20 and correction was made. D. Higgins moved to recommend Council to authorize the Mayor to sign the Consultant Services Agreement with VanNess Feldman, Attorneys at Law representing the City of Kent as our Federal Lobbyist, not to exceed $56,000, subject to final terms and conditions acceptation to the City Attorney. J. Perry seconded the motion, which passed 3-0. Operations Committee Minutes December 4, 2012 Page: 2 S. KENT DOWNTOWN PARTNERSHIP 2013 CONSULTANT SERVICES AGREEMENT- AUTHORIZE. B. Wolters presented the annual contract between City of Kent and Kent Downtown Partnership. The amount of the contract is the same as last year. The City of Kent is a stable source of funding for the KDP. The 2013 contract amount will be $33,600. The services will include increase participation in the Main Street B&O tax Incentive, Historical downtown vibrancy, sustain the downtown businesses, grow membership and promote downtown as a destination. J. Perry wanted to know if there is a way to measure results of the agreement. B. Wolters said that the city can look at the work progress and see what was done for the year for the $33,600. J. Perry moved to recommend the City Council to authorize the Mayor to sign an Agreement for the 2013 Consultant Services Agreement with Kent Downtown Partnership in the amount not to exceed $33,600, subject to final terms and conditions acceptable to the Economic and Community Development Director and the City Attorney. D. Higgins seconded the motion, which passed 3-0. 6. HAZARDOUS SUBSTANCE AND PETROLEUM BROWNSFIELDS ASSESSMENT CONSULTANT SERVICES AGREEMENT- AUTHORIZE B. Wolters explained that City of Kent was awarded two individual EPA grants worth $200,000 each. The total amount of the contract with Stantec Consultant would be $385,000. The company was selected from six other consultant firms who submitted through our RFQ process. Stantec is a well respected engineering firm and has experience in Brownfield clean up. The same firm was also selected by 3 other cities. Stantec would implement our community wide Brownfield assessment and it will take approximately three years to complete. The firm will help in the redevelopment and clean up of the site. D. Higgins moved to recommend that the Mayor be authorized to enter into a contract with Stantec Consultant Services, not to exceed $385,000, for the purpose of conducting a community-wide assessment for Hazardous Substance and Petroleum Brownfields with terms and conditions acceptable to both the Economic And Community Development Director and the City Attorney. J. Perry seconded the motion, which passed 3-0. 7. GROUP HEALTH COOPERATIVE 2013 AGREEMENT- AUTHORIZE. B. Fowler presented the annual contract for Group Health Cooperative with City of Kent. There are 43 families on the plan currently. D. Higgins added that the Council will be working on controlling the healthcare cost at the retreat in the spring of 2013. J. Perry moved to recommend the City council to authorize the mayor to sign the 2013 group health cooperative contract for the city's insured HMO plan an amount not to exceed $453,541, subject to terms and conditions acceptable to the Human Resources Director and the City Attorney. D. Higgins seconded the motion, which passed 3-0. S. STOP LOSS COVERAGE-INFORMATION ONLY. Operations Committee Minutes December 4, 2012 Page: 3 B. Fowler said that the city uses third party administrator for individual and agreegate stop loss coverage, Lifewise Assurance Company. Lifewise's preliminary renewal increase came in at 26.9% for 2013. So the city will be going out to bid for the 2013 contract. The contract will not be authorized by council until after the first of the year. 9. OCTOBER SUMMARY FINANCIAL REPORT-INFORMATION ONLY. B. Nachlinger reviewed the financial summary report for the month of October. He reported that there is an increase in the Fund Balance. As for the General fund, the revenues are two-tenth of 1% under the budget and expenditures are 1.6% under the budget. At the end of the year, 950,000 can be expected to be added to the fund balance. Sales tax was declining in June and July but has been on budget lately. The utility funds are doing pretty well. The meeting was adjourned at 4:45 p.m. by L. Thomas. Satwinder Kaur Operations Committee Secretary KENT WASHIKOTON CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES November 13, 2012 COMMITTEE MEMBERS: Les Thomas, Dana Ralph, and Bill Boyce, Chair • The meeting was called to order by Councilmember Dana Ralph at 4:34 p.m. • Bill Boyce had an excused absence. CHANGES TO THE AGENDA From Committee. Councilmember Thomas MOVED and Councilmember Ralph SECONDED a Motion to remove Item 6, Ordinance amending KCC 9.38 - New Section "Failure to Respond," from the agenda. 1. Approval of Minutes Councilmember Thomas MOVED and Councilmember Ralph SECONDED a Motion to approve the October 9, 2012 minutes. Motion PASSED 3-0 including concurrence from Committee Chair Boyce. 2. Homeless Taskforce Report Planner Jason Johnson advised that after updating the Parks and Human Services Committee, he wanted to inform the public safety committee of the updated information and recommendations including great police participation on Kent Homeless Task Force. Johnson presented background: Kent Homeless Taskforce was created after community discussion regarding the use of a city building for a day/night shelter for the homeless in Kent. After big community discussion, including focus groups and input from residents, businesses, the faith community, and the police department, it was determined that a day/night shelter would not be an allowable use for the specific city building. Since there was so much conversation, council wanted the conversation/dialog to continue. The Taskforce was created and co-chaired by Human Services Commission President Oriana Pon and Jim Berrios of the Kent Chamber board. Meetings started in June so that recommendations could be presented by September. Council asked staff to work with the group in order to come up with a landscape assessment of the services available to the homeless in Kent. Johnson presented the landscape matrix of all services available to those experiencing homeless in Kent. The Taskforce looked at the services currently available for shelter, food, healthcare, hygiene, education, and connections to work. After working with the group, staff became aware of the wealth of services that were being provided by the faith community. Staff now has compiled a true landscape of services available and would like to work on communicating needs to the public, potentially via the Web. Staff has already updated resource materials that are targeted at the homeless in Kent. Johnson advised that the meetings centered on discussing the gap in services available for a 24- hour wrap-around shelter service. Current shelters for men are offered through churches, in partnership with Catholic Community Services. The group wanted to look at what a 24-hour model would look like. The group was able to come to a consensus on designs, but was not able to reach a consensus on the population it would serve, where it would be located, or how it would be funded. The main recommendation was to allow the group to continue to meet. The taskforce would end, but a steering committee would be created that would focus on the funding and sustainability pieces. The committee would look at other successful designs around the region and look at how it would work in Kent. The committee's first meeting was November 6, 2012. The committee is committed to continue dialog and staff will continue to make sure the committee meetings are held. Councilmember Ralph indicated that was good. Johnson indicated that the conversation that came from the initial focus groups surrounded around civility and public safety. The City will look at current civility laws and tools available to the police when in activities take place in public spaces. During research, it was found that there is a difference in civility activities that are allowed in city parks vs. metro property. Johnson advised that it was recommended that the group take a look at civility laws and make sure they are in place and say what the city wants them to say to ensure public safety. Councilmember Thomas asked if matrix is meant to be distributed to homeless. Johnson advised that it was for the use of the group. It was prepared to avoid duplication of efforts and has been used to update the City's resource materials. Would like to do more with matrix and may provide via web. Thomas discussed the HOPE fundraiser, the involvement of Pat Gray from United Methodist regarding the homeless, and also advised the police of a group that has come into city and is harassing homeless around library and water fountain area. Thomas wanted the police to know about group and that they may want to explore further. Johnson indicated conversation regarding civility came out of homeless taskforce, but was not meant to be directed at just the homeless population. Conversation was regarding public safety. Ralph asked if the Taskforce will be looking at what civility laws should look like, what they look like in other cities, and what they encompass. Johnson advised that the Taskforce will not be looking at civility laws and requested that it be internal work of the city. Johnson advised that the legal department and the police department have just begun working on looking at civility laws. Ralph indicated that she is curious about what is working in other places and what is not, and wanted to ensure that any civility laws are fair to all groups involved since it is being done in the spirit of service. 3. Bulletproof Vest Partnership FY 2012 Grant Award Assistant Chief Pat Lowery advised that the award is for new and replacement vests. The calculation of the benefit of the award is based on the number of officers we have in consideration of a 5 year rotational cycle for the best life. Total replacement costs for this year $12,035.68, city was awarded $6,017.84, approximately 50%. The City has participated in this program since 1999 and has received total grant funding of $155,000 to offset costs of vests and ensure that officers are wearing the best possible vests. Thomas indicated that this appears to be an annual grant and purchases approximately 13 vests. Lowery advised that costs vary year to year due to changes in manufacturing and standards which continue to develop lighter weight vests with same ballistic capabilities. Ralph requested estimate on price of vests. Lowery indicated the approximate cost per vest is $800. After deliberating, Councilmember Thomas MOVED to recommend that Council authorize the Kent Police Department to accept the Bulletproof Vest Partnership Fiscal Year 2012 grant from the Bureau of Justice Assistance, in the amount of $5,696.32, amend the budget and authorize expenditure of the funds in accordance with the grant terms, with terms and conditions acceptable to the Police Chief and City Attorney. Councilmember Ralph SECONDED and the Motion PASSED 3-0 including concurrence of Committee Chair Boyce. 4. State Criminal Alien Assistance Program Assistant Chief Pat Lowery advised that this grant reimburses for housing of criminal aliens for three days over one-year period. The Kent Police Department submitted a detailed record of criminal aliens including booking and releasing dates. Any grant award must be allocated to be Public Safety Committee Minutes November 13, 2012 2 administration. The program produces better results in high schools where the program is currently focused. There is discussion to expand program to the other two high schools. Ralph indicated that she has heard only good things about the program from parents, teachers, and the school district, and thanked the police department. Thomas also indicated that it is good program. After deliberating, Councilmember Thomas MOVED to recommend that Council authorize the Kent Police Departmewn6t to enter into an Agreement with the Kent School District for a School Resource Officer in the amount of $162,000.00, with terms and conditions acceptable to the Police Chief and City Attorney. Councilmember Ralph SECONDED and the Motion PASSED 3-0 including concurrence of Committee Chair Boyce. Adjournment Councilmember Ralph adjourned the meeting at 4:58 p.m. Kim A. Komoto Public Safety Committee Secretary Public Safety Committee Minutes November 13, 2012 4 PUBLIC WORKS COMMITTEE Minutes of Monday, December 3, 2012 COMMITTEE MEMBERS PRESENT: Committee Chair Elizabeth Albertson and Committee members Dana Ralph and Dennis Higgins were present. The meeting was called to order at 4:05 pm. Item 1 — Approval of Meeting Minutes Dated November 16, 2012: Ralph MOVED to approve the minutes of November 16, 2012. The motion was SECONDED by Higgins and PASSED 3-0. Item 2 — Information Only/Howard Hanson Dam - Update : Jeff Dillon, U.S. Army Corp of Engineers gave a brief update on the Howard Hanson Dam. He presented an informative PowerPoint presentation touching briefly on the following: • Physical facts and other basic project information • Flood control facts and watershed information • Dam safety slide showing the dam and appurtenances • Dam safety timeline showing major actions/projects completed to date • Dam safety status and path forward • Water storage allocations Information Only/No Motion Required Item 3 — Information Only/Riverview Park Completion: Senior Environmental Engineer, Beth Tan presented a PowerPoint presentation highlighting the restoration of Riverview Park. Tan noted that there are 700 feet of new side channel at the site and the contractor moved 50,000 cubic yards of excavation (equal to 5,000 truck loads). Tan presented photos of the site before, during and after construction. Information Only/No Motion Required Item 4 — Information Only/Boeing Levee Corps Ecosystem Restoration Proiect (ERP) - Update: Toby Hallock, Environmental Engineer provided an update on the Boeing Levee Ecosystem Restoration Project. Hallock noted that the sheet pile walls are to be installed starting in the next two weeks. He showed photos of the site prior to construction and an artist's rendition of what the site will look like when completed. Information Only/No Motion Required PUBLIC WORKS COMMITTEE Minutes of Monday, December 3, 2012 Item 5 — Contract/Shearer Design LLC — 224th Street Extension: Ken Langholz, Design Engineering Supervisor noted that the City of Kent was awarded a $5 million grant from the Washington State Transportation Improvement Board (TIB) for this project. Langholz explained that the project will extend S. 224th Street near East Valley Highway to Benson Road. Shearer Design will provide structural engineering services for the design of the new bridge and wall structures. The contract includes preparation of the plans, specifications and estimate for the SR 167 Bridge. Payment for the work will be funded through bonds sold for Local Improvement District (LID) No. 363 and the TIB grant. Higgins MOVED to recommend authorizing the Mayor to sign a Consultant Service Agreement with Shearer Design LLC for design and permitting of the South 224th Street/SR 167 Bridge in an amount not to exceed $232,138 subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Ralph and PASSED 3-0. Item 6 — South 2315t Way Property Surplus & Right-of-Way Dedication: Ken Langholz, Design Engineering Supervisor presented a picture of the area. He stated that the South 231't Way (aka LID 353 - South 228th Street extension) was constructed between Military Road and Russell Road to provide a five lane roadway with curbs, gutters and sidewalks. The project was completed in the spring of 2007. Langholz noted that the City purchased property from the City of Seattle and other adjacent property owners in order to construct the roadway improvements. The dedication of the roadway Right-of-Way is necessary to surplus part of the remaining property. After Right-of-Way dedication, two parcels will be formed that can be sold. Ralph MOVED to recommend Council authorize the Mayor to sign the Deed dedicating Right-of-Way for the South 2315t Way Improvement project and to surplus the remaining property, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0. Item 7 — Contract/Shearer Design LLC — 72"d Avenue South Improvements: Ken Langholz, Design Engineering Supervisor noted that last year the Public Works Department was successful in obtaining a $1,182,420 grant from the Washington State Transportation Improvement Board (TIB) for the 72nd Avenue Improvement Project. PUBLIC WORKS COMMITTEE Minutes of Monday, December 3, 2012 Currently 72"d Avenue South exists only between South 180th and South 196th Streets and between South 200th and South 228th Streets this is the missing link between South 196th and South 200th Street. The project will include new curbs, gutters, sidewalks, street lights and storm drainage between South 196th Street and South 200th Street. A new culvert will be installed across Mill Creek for the roadway. Shearer Design, LLC has done other work for the city on contaminated soils and is highly qualified. Higgins MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Shearer Design in an amount not to exceed $15,000 to provide structural engineering services for the 72"d Avenue South Improvement Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Ralph and PASSED 3-0. Item 8 — Information Only/Proposed SE 256th Street LID 364 — (Kent- Kangley Road to 116th Ave SE): Mark Howlett, Design Engineering Manager gave an update on the Proposed SE 256th Street Local Improvement District 364. Howlett noted that the City has been successful in obtaining and securing a $2 million dollar grant from the Washington State Transportation Improvement Board for the repair, widening and upgrading of SE 256th Street between Kent-Kangley Road and 116th Ave. SE. The City has been aware of the increasing traffic congestion on this section of SE 256th Street. The project will construct a center left turn lane and bike lanes. Also included will be the construction of curb and gutter, sidewalks, storm drainage and storm detention, street lighting, undergrounding of electrical facilities and landscaping. Traffic signals will also be modified and upgraded as necessary. Staff will go before the Transportation Improvement Board in January 2013 to explain to the board the city's plan for completing the project's funding package. Information Only/No Motion Required Item 9 — Information Only/Green Kent Day & Fieldstone HOA Creek Enhancements —Update: Matt Knox, Environmental Ecologist noted that on Saturday, October 27th 87 volunteers came out (in the pouring rain!) to the Green River Natural Resources Area (GRNRA) and 78 volunteers came out to Morrill Meadows Park to plant 2,176 native trees and shrubs during the Green Kent Partnerships 1't annual "Green Kent Day". PUBLIC WORKS COMMITTEE Minutes of Monday, December 3, 2012 Knox stated that we plan to build on this success and continue this special community day in years to come, ultimately replacing weeds with natural cover on over 1,189 acres of open space in Kent. Knox noted that in another community sponsored event, The Fieldstone Creek Home Owners Association successfully secured grant funding to improve a weed- infested stretch of creek below Clark Lake. Eagle Scout candidate Nik Kutterer helped recruit dozens of local volunteers to plant and clear the area. Knox invited volunteers to come up and be recognized by the Committee. He stated that with the phenomenal community support and initiative that this group displayed, we expect that Coho salmon may once again utilize this stretch of creek in the future. Information Only/No Motion Required Item 10 — Information Only/Railroad Crossings — Update: Steve Mullen, Transportation Engineering Manager reported deficient railroad grade crossings to the Washington Utilities and Transportation Commission. Deputy Assistant Director Kathy Hunter replied, "UTC will send an inspector out within a few weeks to inspect all crossings. We will let you know what the results are of the inspections." Information Only/No Motion Required Item 11 — Information Only/Coal Train — Update: Steve Mullen, Transportation Engineering Manager provided an update on coal trains. He stated that the coal market in the United States is declining and China is currently transporting it from the West Coast. A summary of traffic studies completed by other jurisdictions that would be impacted by the coal train route from the Powder River Basin through Kent toward the potential terminal north of Bellingham, WA was discussed. There are two separate issues at hand; gate down delays and possible health issues. Mullen will have an update for the committee at the next Public Works Committee meeting. Information Only/No Motion Required Item 12 - Information Only/Street Update: Bill Thomas, Street Superintendent gave an informative PowerPoint presentation identifying key accomplishments in the 2012 Streets, Signs and Markings, and Street Vegetation work plans. Information Only/No Motion Required PUBLIC WORKS COMMITTEE Minutes of Monday, December 3, 2012 Item 13 - Information Only/2013 Asphalt Overlay: Dave Brock, Operations Engineer gave a brief PowerPoint showing pavement conditions of various sections of roadway throughout the city. Staff discussed with the committee potential candidates for asphalt overlays in 2013. This item will be discussed in further detail at a future Public Works Committee meeting. Information Only/No Motion Required Item 14 — Information Only/2013 Work Plan: Tim LaPorte, Public Works Director briefly discussed the Public Works 2013 Work Plan and noted that they will be accessible online. Information Only/No Motion Required Item 15 — Information Only/December 17, 2012 PW Committee Cancellation Notice: Tim LaPorte, Public Works Director informed the committee that there will not be a Public Works Committee Meeting on December 17, 2012. The appropriate cancellation notices will be sent out. Information Only/No Motion Required The meeting was adjourned at 5:33 p.m. Cheryl Viseth Council Committee Recorder EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION