HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/06/2013 CITY OF KENT
Agenda
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August 6, 2013
Mayor Suzette Cooke
Dennis Higgins, Council President
Councilmembers
Elizabeth Albertson
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Jamie Perry
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Dana Ralph
Deborah Ranniger
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Les Thomas
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KENT CITY COUNCIL AGENDAS
KENT August 6, 2013
W>_HI. N Council Chambers
Mayor Suzette Cooke
Dennis Higgins, President
Councilmember Elizabeth Albertson Councilmember Bill Boyce
Councilmember Jamie Perry Councilmember Dana Ralph
Councilmember Deborah Ranniger Councilmember Les Thomas
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COUNCIL WORKSHOP CANCELLED
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COUNCIL MEETING AGENDA
5.00 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. Intergovernmental Reports
5. PUBLIC HEARINGS
6. PUBLIC COMMENT
7. CONSENT CALENDAR
A. Minutes of Previous Meeting and Workshop - Approve
B. Payment of Bills - None
C. Excused Absence for Council President Higgins - Approve
D. Wetland Mitigation Monitoring Contract with Environmental Science
Associates - Authorize
E. Emergency and Public Safety Purchase - Authorize
F. State Grant for Commute Trip Reduction Law Implementation -
Approve
G. Economic & Community Development Department Office Tech I Permit
Center Position - Authorize
S. OTHER BUSINESS
(Continued)
COUNCIL MEETING AGENDA CONTINUED
9. BIDS
A. Hawley Road Levee Improvements, Phase 2
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.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at (253) 856-5725. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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COUNCIL WORKSHOP CANCELLED
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) 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 G.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the workshop and regular Council meeting of July 16,
2013.
7B. Approval of Bills.
There are no bills to approve.
KENT
Kent City Council Meeting
July 16, 2013
The regular meeting of the Kent City Council was called to order at 7:01 p.m. by
Mayor Cooke.
Councilmembers present: Mayor Cooke, Council President Higgins, Councilmember
Albertson, Councilmember Boyce, and Ralph. Councilmember Perry was excused from
the meeting.
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. Council President Higgins added an item
under 7H, an excused absence for Councilmember Perry. CAO Brubaker added that
there would be no executive session tonight.
B. From the Public. None.
PUBLIC COMMUNICATIONS
A. Public Recoanition. Councilmember Ralph thanked the entire Kent Community,
specifically the Lions Club, Police Department, and Parks Department for the amazing
work done at the Cornucopia event.
B. Community Events. None.
C. Proclamation - Parks and Recreation Month. Jeff Watling, Parks and
Recreation Director thanked the Mayor for the proclamation naming the month of
July, Parks and Recreation Month throughout the city of Kent.
D. Proclamation - National Niaht Out, Auaust 6, 2013. Sara Wood, Police
Department, thanked the Mayor for the proclamation and noted the specifics of the
event. Stacy Judd, Police Department highlighted the 81 events taking place in the
City that evening. Mayor Cooke thanked them for their outstanding work in the City.
E. Intergovernmental Report. Council President Higgins communicated that the
Regional Policy Committee met and the main concern is solid waste. He said that
Bellevue didn't execute the ILA and the rest of the cities want to ensure that Bellevue
doesn't receive anything disproportionate. The Regional Transit Committee will meet
on July 17 and will proceed with the planning process for the 17% Metro cut. He
stated he had no report from the Mental Illness and Drug Dependency Oversight
Board.
Councilmember Ralph communicated that South County Area Transportation Board
(SCATBD) met and will generate a letter to legislators communicating that transporta-
tion funding is at a crisis level and encourage them to move into special session. She
also discussed rapid ride service from east to west in the south county.
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Kent City Council Minutes July 16, 2013
Councilmember Albertson thanked Councilmember Ralph for going to SCATBD and
discussed the Regional Water Quality Committee. She noted that a recommendation
went to the Sound Cities Association Policy Issues Committee concerning the need for
more information on funding levels.
PUBLIC COMMENT
1. Tom Brice, Kent, discussed the possible sale of the Riverbend Par 3 course. He
displayed pictures of residents at the course on July 10. He said he goes to the course
every day and it is a critical part of Kent.
2. R.C. Sample, Kent, discussed the Riverbend Par 3 course and said it was good to
see two Kent council members at the Par 3 meeting. The Council doesn't have the
right to sell the course and take it away from the residents of the City, he said.
CONSENT CALENDAR
Council President Higgins moved to approve Consent Calendar Items A through H.
Councilmember Thomas seconded. Motion carried 6-0 and the following items were
approved:
A. Minutes of the workshop and regular Council meeting of July 2, 2013.
B. Approval of Bills. Payment of the bills received through May 31 and paid on
May 31 after auditing by the Operations Committee on July 2, 2013.
Approval of checks issued for vouchers:
Date Check Numbers Amount
5/31/13 Wire Transfers 5487-5502 $1,450,281.88
5/31/13 Regular Checks 673373-673873 4,305,044.71
Void Checks (1,027.88)
5/31/13 Use Tax Payable 331.67
$5,754,630.38
Approval of payment of the bills received through June 15 and paid on June 15 after
auditing by the Operations Committee on July 2, 2013.
Approval of checks issued for vouchers:
Date Check Numbers Amount
6/15/13 Wire Transfers 5503-5522 $1,748,612.66
6/15/13 Regular Checks 673874-674251 1,332,932.05
6/15/13 Use Tax Payable 1,694.63
$3,083,239.34
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Kent City Council Minutes July 16, 2013
Approval of checks issued for payroll for May 16 through May 31 and paid on May 20,
2013:
Date Check Numbers Amount
5/20/13 Checks 331834-331990 $ 94,013.84
5/20/13 Advices 314565-315200 1,221,801.92
$1,315,815.76
Approval of checks issued for payroll for June 1 through June 15 and paid on May 20,
2013:
Date Check Numbers Amount
5/20/13 Checks 331991-332167 $ 96,379.43
5/20/13 Advices 315201-315833 1,221,178.92
$1,318,558.35
C. Washington Traffic Safety Commission School Zone Beacon/Lighting
Grant. The Mayor was authorized to accept the Washington Traffic Safety
Commission grant for School Zone Beacon/Lighting in the amounts of $15,500 and
$7,500, amend the budget, and expend the funds in accordance with the grant terms
acceptable to the Police Chief and City Attorney.
D. Gravbar - Street Light Restoration Proiect Goods and Services Agreement.
The Mayor was authorized to sign a goods and services agreement with Graybar, in
an amount not to exceed $41,760.02 for street light poles and arms, subject to final
terms and conditions acceptable to the City Attorney and the Public Works Director.
E. ESA — National Flood Insurance Biological Opinion Compliance Consultant
Services Agreement. The Mayor was authorized to sign an amendment to the ESA
Contract for the National Flood Insurance Program Biological Opinion Compliance in
an amount not to exceed $7,399, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
F. SE 256th Street (between 116th Ave. SE and 104th Ave. SE) Resolution.
Resolution No. 1877, relating to funding the construction of improvements to SE 256th
Street, authorizing expenditure of funds from the City's business and occupation
(B&O) tax account to complete those improvements, and confirming that all current
and future transportation impact fee revenues shall be transferred to the City's B&O
tax account until the total amount expended from the B&O tax account to complete
the construction of the SE. 256th Street construction project is completely restored
was adopted.
G. Economic and Community Development Department Overtime $20,000
Budget Reguest; 4-Month Temporary Receptionist Position Budget Request.
An adjustment to the 2013 budget in the Economic & Community Development
Department for $20,000 to be added to the Department's overtime and to hire a 4-
month temporary receptionist in the Permit Center to total $28,960 was authorized.
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Kent City Council Minutes July 16, 2013
ADDED ITEM
K. Excused Absence. Councilmember Ranniger was excused from the Council
meeting of July 16, 2013. Councilmember Perry was excused from the July 16, 2013
council meeting.
OTHER BUSINESS
A. ShoWare Center Public Facilities District Board Appointment. Council
President Higgins discussed the process. He stated that a full recommendation was
given at the workshop meeting and Jeff Piecewicz was preferred candidate.
Council President Higgins moved to appoint Jeff Piecewicz to the ShoWare
Center Public Facilities District Board, Position #1, seconded by
Councilmember Thomas.
Councilmember Albertson stated that there are only men on the board and would not
support the recommendation.
Councilmember Ralph communicated that she chose the most qualified person and
didn't base it on an applicants' gender.
Councilmember Boyce discussed diversity and said he is a human resource
professional. He stated that the decision should be made based on the best person for
the job. He said gender shouldn't be considered and candidates want to be picked
because they can do the job, not because of their gender.
Councilmember Albertson communicated that there were highly qualified female
candidates and a board is a group of people that need to be diverse in order to have a
creative pool of ideas to solve solutions. She said she didn't rank anyone who wasn't
qualified.
A vote was taken on the motion on the table, which carried 5-1.
Councilmember Albertson dissented.
BIDS
A. SR 516 to S 231st Way Levee Improvements North Reach Secondary
Levee. Tim LaPorte presented the details of this bid to the Council.
Councilmember Albertson moved to award the SR 516 to S. 2315t Way Levee
Improvements North Reach Secondary Levee Project contract SCI
Infrastructure, LLC. In the amount of $583,462.54 and authorize the Mayor
to sign all necessary documents, subject to signing of the Interlocal
Agreement with the King County Flood Control District for this project, and
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director, seconded by Council President Higgins. Motion carried
6-0.
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Kent City Council Minutes July 16, 2013
Councilmember Albertson highlighted that the engineers estimate was $798,364.50,
and the bid amount was $583,462.54.
B. 112th Avenue SE Watermain Improvements. Tim LaPorte discussed the
specifics on this bid.
Council President Higgins communicated that the current city limits should be
displayed on any future maps.
Councilmember Albertson moved to award the 112th Avenue SE Watermain
Improvements Project contract to TITAN Earthwork, LLC in the amount of
$1,811,541.01 and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director, seconded by Councilmember Ralph. Motion carried 6-
0.
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. Council President Higgins discussed the workshop. He thanked
the people that applied for the ShoWare Center Public Facilities District vacancy. He
added that the B&O Tax and the specifics of the 3PLs and business thresholds were
also discussed in the workshop. He added that the results of the analysis done by the
City will be taken back to the business owners for more discussion. He communicated
that this is the first year the City has been collecting B&O tax information and that the
City needs to establish a threshold. He asked small businesses to continue to file via
website and adjustments will be made in January or February. Additionally, he stated
that a presentation was given by Doug Levy concerning the legislature who kept the
City very informed. Finally, he noted that the Council discussed I-502 and how the
City wants to move forward. He announced that the Council will take no legislative
action and recreational marijuana will be handled the same as medical marijuana,
since marijuana isn't allowed in Kent, the uses will both be banned.
B. Mayor. Mayor Cooke said that there are members of Kent's Sister City here from
Norway. She said they are two talented women that are staying in the homes of two
Kent families. She communicated that there were representatives from the "stan"
countries here in the Council Chamber yesterday and there was great discussion
concerning empowering women in the United States. She also added that the Mayor
from the Ivory Coast in Africa wants to establish a Sister City relationship in Kent.
Mayor Cooke closed and said that over 4,000 Polynesian people attended a reunion at
the ShoWare which took place last weekend.
C. Administration. Interim Chief Administrative Officer Brubaker communicated the
relationship with ShoWare, ticketing, and SMG. He explained that the item would
come back to the Council at a later date.
D. Economic & Community Development Committee. No report.
E. Operations Committee. No report.
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Kent City Council Minutes July 16, 2013
F. Parks and Human Services Committee. There is a Parks and Human Service
Committee meeting this Thursday at 5:00 p.m. and the main item is reviewing the
comments on the Par 3 golf course. She stated that it is pretty clear that no one
wants it sold. She noted that it is a meeting to discuss options sustainability.
G. Public Safety Committee. No meeting. The meeting in July has been cancelled.
The next meeting is August 13.
H. Public Works Committee. Councilmember Albertson stated that the meeting on
July 16 is cancelled. She communicated that she will be recommending that some of
the proceeds from the property sale near Veteran's Drive be used to cover the $2
million debt from the Par 3.
I. Regional Fire Authority. Councilmember Thomas said the Regional Fire
Authority meeting is tomorrow, but no report. He reported that the service for the 19
firefighters in Arizona was truly amazing.
Councilmember Ralph asked for clarification on using funds from the sale of property
to cover the enterprise loan debt. CAO Brubaker responded that if the funds from the
sale went to the general fund, those funds, not enterprise funds, can be applied to
enterprise debt.
Mayor Cooke communicated that it would be a good time to send out information
concerning these funds.
CAO Brubaker concurred.
EXECUTIVE SESSION
No Executive Session
ADJOURNMENT
The meeting adjourned at 7:58 p.m.
Ronald F. Moore, MMC
City Clerk
6
Z' KENT
Kent City Council Workshop
June 16, 2013
The meeting was called to order at 5:30 p.m. by Council President Higgins.
Councilmembers present: Higgins, Thomas, Boyce, and Albertson. Councilmember
Ranniger arrived at 6:13 p.m.
Council President Higgins moved item 4 before item 1.
ShoWare Center Public Facilities District Appointment. Council President Higgins
introduced the item and noted that the appointee would be announced later in the
workshop.
Liauor Control Board I-502 Reaulations. Chief Administrative Officer Tom
Brubaker introduced the item. He discussed the fact that the State has released
regulations and said staff is requesting direction on this item.
Councilmember Boyce confirmed with Mr. Brubaker that if the Council wants to rezone
any area in the City it will take some time.
David Galazin, Assistant City Attorney communicated that on September 16 the
Liquor Control Board will be accepting applications for the three types of facilities and
if there aren't any zoning restrictions and the location has already been picked there
is little the City can do. Councilmember Ralph confirmed that the City can have a
moratorium against recreational marijuana facilities.
Council President Higgins tabled the item until later in the workshop.
B&O Tax Impacts - 3PL & Business Thresholds. Bob Nachlinger discussed the 3PL
item and said 3PL businesses have told the City that their square footage tax is about
five times more than what they pay for their B&O tax. He said they were right and
that they would in fact be paying a little over 5 times more. However, he noted that
there is essentially no difference between them and a regular business warehouse in
the City. Mr. Brubaker added that it appears that all of them are being taxed about 5
times more and that the square foot tax is doing what the Council intended. He noted
that the staff recommendation is to make no revisions.
Councilmember Ralph verified with Mr. Brubaker that they all are coming out at 5
times over their gross receipts. He added that Mr. Nachlinger will communicate to
them and bring back the item in two months to the Council with their responses.
CAO Brubaker communicated that there have been inquiries about the filing of the
B&O taxes. He noted that this is a brand new tax and there needs to be a database
established concerning the structure and makeup of businesses in Kent. He felt it is
critical to keep the tax the way it is and bring up adjustments after one year of data
collected. Mr. Nachlinger stated that the only way to determine what the business
environment looks like is to have them file quarterly. He explained that the larger the
business is, the more frequency they will have to file. However, the City must
determine what the businesses are, what they are doing, and how much revenue they
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Kent City Council Workshop Minutes July 16, 2013
are producing. He highlighted the filing statuses and stated that the City is learning
more about B&O taxes every day. He discussed exemptions and how other cities
handle them. He noted that the total B&O tax filings are $911,000 and that the
second quarter B&O taxes aren't due until July 31st.
Council President Higgins confirmed that the majority of the filers will be on non-filing
status and Mr. Nachlinger explained why. He also noted that even non-filing B&O tax
companies will be required to get a business license and that is how the City can
identify their revenue reporting. Mr. Nachlinger communicated that the City will
encourage companies to continue to file online so the City can proceed with getting
the revisions done to the ordinance.
Mr. Nachlinger communicated that the City has an office for businesses to register for
B&O and file their taxes.
Councilmember Ralph confirmed that the online payment option will be up on Friday
and quarterly notices will be sent soon.
Councilmember Boyce stated he was pleased that the City is going to wait and collect
the data, then make revisions.
Councilmember Ralph said she has heard positive things about the B&O tax workshop.
Mr. Nachlinger replied to Councilmember Boyce that another report concerning B&O
taxes will be given to the Council in August.
Council President Higgins communicated those small businesses owners should hang
on until the end of the year until changes can be made.
CAO Brubaker communicated that the staff needs to collect the issues and get one
revision out to the Council for their input.
Councilmember Albertson arrived at 5:55 p.m.
Legislative Report. Doug Levy, Contract Lobbyist, communicated that the legislative
tone is based on a Supreme Court decision which has communicated to the State that
there should be a $4.5 to $5 billion ramp up in its investment in K-12 education
funding in the State. Mr. Levy also communicated that the $5 million SST mitigation
account has been kept intact. He discussed the Marketplace Fairness Act and the
equalization of online sales and retail sales tax. He also noted that 50% of the liquor
profits are being brought back in 2015. He stated that the initiatives to privatize liquor
control were created for public safety and in 2012 the legislature froze the growth
that goes to entities. He stated there isn't enough recognition in the State that the
enforcement is localized and the funds to handle the enforcement aren't there. He
discussed the telecommunications parity bill and stated that the City came out a little
ahead. He noted that House Bill 1971 puts a tax on prepaid wireless and charges
landline users the proper tax amount. It also throws out the back tax claims from
Sprint and other entities. He noted that on levees there are pots of grant money in
general categories that the City can compete in very well. He noted that the funds
that have come out of the Public Works Trust Fund has hurt the City and Kent will
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Kent City Council Workshop Minutes July 16, 2013
need to be more conservative in the future when it attempts to tap into that fund
because the legislature took two thirds of those monies and transferred them into an
education legacy account. He communicated that the City is well positioned when it
comes to transportation funding and the funding for Interstate 167/Highway 509 is
poised to move forward. He communicated that there is $409,000 that the City can
use as matching funds to obtain funds for future projects next year.
Councilmember Ralph communicated that South County Area Transportation Board
(SCATBD) will be sending a letter to the legislature communicating that there is an
emergency situation when it comes to transportation infrastructure funding.
Mr. Levy stated that the capital budget for the Interurban Trail was bolstered by
$750,000.
Councilmember Albertson verified that he predicts Metro will go with their 17 percent
cut scenario and there won't be any session for or any funding for transportation.
Council President Higgins stated that he appreciates Mr. Levy's work.
Liauor Control Board I-502 Reaulations (continued). David Galazin, Assistant
City Attorney communicated that the State isn't going to consider any local controls.
He added that a moratorium is an option, but felt it would make matters worse. He
explained that the State intends on issuing licenses even if a moratorium is in place,
which would lead to lawsuits. He pointed out that the closest use the City has is
collective gardens and they aren't zoned in Kent. He added that on September 16,
2013 applications can be submitted to the State from potential retail marijuana
business owners and licenses would be issued in January. He reiterated that
recreational marijuana use isn't allowed in Kent and the applicant would have to file
an appeal with the hearing examiner.
CAO Brubaker communicated that if the City doesn't do anything the current code is
like the medical marijuana code. The interpretation would be that since medical
marijuana is banned, so would recreational marijuana. He noted that the City can ban
recreational marijuana or decide where it can be allowed and zone it. Mr. Galazin
added that there are people in the City who would challenge either side of the
legislation. Mr. Galazin noted that the liquor control board will consider the
application, preliminarily approve, and evaluate it through their process.
Councilmember Boyce verified that the City can instill limits on proximity and there
would need to be a public process.
Councilmember Albertson communicated that there four liquor establishments on 1st
Avenue and stated that the City can't ban the use since it is legal. She said there are
people in Kent who want to purchase and use marijuana and the City can't ban the
use. She said this is a way to obtain tax revenue.
Council President Higgins confirmed, by consensus, that a majority of the Council
didn't feel any different about medical marijuana than they do recreational marijuana.
3
Kent City Council Workshop Minutes July 16, 2013
Councilmember Boyce communicated that this issue is muddier than it was before
since the State has agreed to adopt it as legal and the federal government still says
it's illegal.
Council President Higgins communicated that the AWC warned cities to get in front of
it and agreed that is what Kent should do.
Councilmember Ralph communicated that the City is putting the cart before the
horse. However, she stated that she can't agree to allow recreational marijuana use in
the City.
CAO Brubaker communicated that the staff will do nothing and if the Council wishes to
address it in the future they can. He added that if the City gets an application in the
future, the City will not allow it.
ShoWare Center Public Facilities District Appointment (continued). Council
President Higgins announced that Mr. Jeff Piecewicz was chosen as the ShoWare
Center Public Facilities District appointee.
The meeting adjourned at 6:38 p.m.
Ronald F. Moore, MMC
City Clerk
4
w," Agenda Item: Consent Calendar - 7C
TO: City Council
DATE: August 6, 2013
SUBJECT: Excused Absence - Approve
MOTION: Approve an excused absence for Council President Higgins as he
was unable to attend the Council meeting of August 6, 2013.
SUMMARY:
EXHIBITS: None
RECOMMENDED BY: Council President Higgins
BUDGET IMPACTS: None
KENT Agenda Item: Consent Calendar - 7D
TO: City Council
DATE: August 6, 2013
SUBJECT: Wetland Mitigation Monitoring Contract with Environmental
Science Associates - Authorize
MOTION: Authorize the Mayor to sign a consultant services contract with
Environmental Science Associates, in the amount of $32,765, for completion of
required wetland mitigation monitoring, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: When critical areas such as streams or wetlands are affected by
development, permits are required to monitor restored or enhanced mitigation areas
for up to 10 years. Several city projects are in the monitoring phase after receiving
permits to mitigate impacts to wetlands. The 228th Street Extension (Veterans Drive),
Johnson Creek Restoration and the Meridian Valley Creek Enhancement Project were
completed in 2006, 2012 and 2012, respectively. The condition of these sites needs to
be reviewed and evaluated.
Environmental Science Associates will complete the required monitoring for each
location and prepare the necessary reports, including maps and figures for staff to
review. The reports will be submitted to applicable agencies to meet permitting
requirements for 2013.
EXHIBITS: Scope of Work for Environmental Science Associates
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: None. The cost associated with this work was included in project
budgets.
5309 Shilshole Avenue NW vvlJi nil^: in 01111
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Seattle,WA 98107
206.789.9658 ID wn?a
206.789.9684'1,m
City of Kent
2013 Wetland Mitigation Monitoring
Scope of Work
Environmental Science Associates(ESA)has prepared this scope of work to conduct monitoring of three wetland
mitigation projects in the City of Kent,Washington. This scope is divided into three tasks for each monitoring project.
Monitoring work will occur in 2013 and be billed on a time and materials basis.
A detailed Scope of Work is provided below,which outlines ESA's responsibilities under this Scope of Work
Mitigation project descriptions are from mitigation plans and monitoring plans provided by the City. The cost estimate is
also attached to this Scope of Work.
TASK 1—SOUTH 228P STREET EXTENSION
Wetland mitigation for the South 228"Street Extension project was conducted at four separate sites,totaling 17.1 acres.
The four sites are referred to as Birk,Donofrio,Russell Road,and Kentview PUD sites. Years 1,2,3,and 5 monitoring
has been conducted at each site by others;Year 7 monitoring is required in 2013 and Year 10 monitoring in 2016. This
scope of work includes Year 7 monitoring only.
Two ESA wetland biologists will conduct monitoring at each of the four mitigation sites listed above. Site work will
include vegetation monitoring plots,soil observations,and notes on general wildlife habitat features as described in the
Year 5 monitoring report.We will also make observation on wetland hydrologic indicators,although the primary source
for site hydrology will be the monitoring well data that the City is collecting weekly.Photographs will be taken at each
site and included in the report to provide further documentation of site conditions.
Deliverables:ESA will deliver an electronic copy(pdf file)and one hard copy of the monitoring report within three
weeks of completing site work
Assumptions:
• The City will provide a copy of an as-built plan of the sites showing mitigation boundaries,monitoring well
locations,and other project features.
• The City will provide hydrologic monitoring data in an electronic format compatible with MS Excel.
• The City will provide electronic(GPS or CADD)files showing mitigation site conditions: specific planting
zones,monitoring wells,vegetation monitoring plots.
• The City will provide documentation of maintenance actions (weeding,replanting,etc.)taken on each site since
the Year 5 monitoring was completed.
9
• Site monitoring will be conducted late in the 2013 growing season(Aug-Sept).
• Site monitoring can be completed by two staff in two days.
• The site has been regularly maintained and weeded so that native plantings can be seen readily.
Cost Task 1: $12,028
TASK 2—UPPER JOHNSON CREEK RESTORATION
The Upper Johnson Creek Restoration site was constructed in 2011. Based upon conversations with city staff,we
understand that monitoring in 2013 will be considered Year 1 mitigation monitoring. As described in the Restoration and
Wetland Nfitigation Plan(revised February 2010)and shown on Phase 11 Plan Sheet set(dated 8/4/11)the mitigation
area includes 0.14 ac of wetland creation and 0.59 ac of wetland enhancement.Monitoring parameters include hydrology
and vegetation cover.
Deliverables. ESA will deliver an electronic copy(pdf file)and one hard copy of the monitoring report within three
weeks of completing site work
Assumptions:
• The City will provide a copy of an as-built plan of the sites showing mitigation boundaries,monitoring well
locations,and other project features.
• The City will provide hydrologic monitoring data in an electronic format compatible with MS Excel.
• The City will provide electronic(GPS or CADD)files showing mitigation site conditions: specific planting
zones,monitoring wells,vegetation monitoring plots.
• Site monitoring will be conducted once late in the 2013 growing season(Aug-Sept).
• Site monitoring can be completed by two staff in two days.
• Stream channel monitoring is not included in this task
• The site has been regularly maintained and weeded so that native plantings can be seen readily.
Cost Task 2: $9,943
TASK 3—MERIDIAN VALLEY CREEK ENHANCEMENT PROJECT
The Meridian Valley Creek Enhancement Project was constructed in 2012. We understand that monitoring in 2013 will
be Year 1 mitigation monitoring.Permit conditions include vegetation and stream channel monitoring and monitoring
reports due by November 1 for five years after project completion.
Deliverables. ESA will deliver an electronic copy(pdf file)and one hard copy of the monitoring report within three
weeks of completing site work
Assumptions:
2
10
• The City will arrange for permission to access the private property(Meridian Valley Country Club)that the
project is located on.
• The City will provide a copy of an as-built plan of the sites showing mitigation boundaries, stream channel
sections,monitoring well locations,and other project features.
• The City will provide hydrologic monitoring data in an electronic format compatible with MS Excel.
• The City will provide electronic(GPS or CADD)files showing mitigation site conditions: specific planting
zones,monitoring wells,vegetation monitoring plots.
• Site monitoring will be conducted only once late in the 2013 growing season(Aug-Sept).
• Vegetation monitoring can be completed by two staff in one day.
• Stream channel monitoring can be completed by two staff in one day.
• The site has been regularly maintained and weeded so that native plantings can be seen readily.
Cost Task 3: $10,794
SCHEDULE:
• ESA will prepare monitoring equipment and fmalize methods with City staff within two weeks of receiving a
signed contract.
• The field work for Tasks 1—3 will be conducted in August and September.
• ESA will deliver monitoring reports to the City for Task 3 by October 18,2013 and for Tasks 1 and 2 before
November 15,2013 so that the City can submit to review agencies by the deadlines specified in the mitigation
plans.
Total Cost of Contract: $32,765
3
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KENT Agenda Item: Consent Calendar — 7E
TO: City Council
DATE: August 6, 2013
SUBJECT: Emergency and Public Safety Purchase — Authorize
MOTION: Authorize the purchase or repair of fleet vehicles and equipment
used for public safety and emergency purposes and to authorize the repair of
emergency vehicles and equipment to return them to service as soon as possible,
without further council or mayoral approval, so long as the expenditure is: less than
$60,000; is consistent with all other procurement requirements; is reported to the
Public Works Committee at their next regularly scheduled meeting; and is within
established budgets, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: It has been the City's practice to expedite the purchase of services,
materials, and supplies to repair equipment such as police cars, mowers, construction
equipment, Vactor trucks and aerial "bucket" trucks and put them back in service as
quickly as possible. When equipment is damaged or needs special maintenance, it
becomes unavailable, sometimes delaying scheduled tasks or leaving staff unable to
accomplish their work as efficiently. As a result, we maintain or repair equipment as
quickly as possible in order to get equipment back in service.
If the estimated cost to repair a piece of equipment exceeds $60,000, staff will not
make the expenditure without first complying with all requirements of the City's
procurement code. The cost to purchase and outfit a police cruiser can be close to
$60,000; therefore, approval up to that amount is requested. Staff will report to the
Public Works Committee at their next regularly scheduled meeting after such a
purchase.
EXHIBITS: None
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: None — All purchases are within the established budget.
KENT Agenda Item: Consent Calendar — 7F
TO: City Council
DATE: August 6, 2013
SUBJECT: State Grant for Commute Trip Reduction Law
Implementation — Approve
MOTION: Authorize the Mayor to sign the Transportation Demand
Management Implementation agreement, Washington State Department of
Transportation (WSDOT) #GCB1565, for the term July 1, 2013 through June 30,
2015, subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
SUMMARY: This Agreement is between the Washington State Department of
Transportation and the city of Kent. The City is required by state law to enforce the
regulations specified in RCW 70.94.521 related to commute trip reduction. The City is
then reimbursed by the State for costs incurred based on a formula devised by the
State Department of Transportation, Public Transportation Office.
The purpose of this $106,007 agreement is to allocate two years of funding for the
implementation of RCW 70.94.521 for the 2013-2015 project period. This grant pays
for the efforts to enforce the state law.
The grant funds are used to offset staff costs to support the 30 organizations required
by law to participate in the state commute trip reduction law and another six
companies who voluntarily participate in the program, altogether representing more
than 15,000 employees.
EXHIBITS: Transportation Demand Management Implementation Agreement
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: None. There is no required match to this state grant.
Transportation Demand Management
Implementation A reement
Washington State Department of Contractor
Transportation City of Kent
310 Maple Park Avenue SE 220 4t' Ave South
PO Box 47387 Kent, WA 98032
Olympia, WA 98504-7387
Federal ID#: 91-6001254
Contact Person: Dacia Stricklett 360-705-7845 Contact Person: Cathy Mooney 253-856-5564
Project Costs: Scope of Project: Carry out the
State Funds $106,007 Project as described in Exhibit 1, Project
Contractor Funds $0 Scope of Work
Total Project Cost $106,007
Agreement Number:
GCB1565
Term of Project: Service Area: City of Kent
July 1, 2013 through June 30, 2015
This AGREEMENT is entered into by the Washington State Department of Transportation,
hereinafter referred to as "WSDOT" and the Contractor identified above, hereinafter referred to
as "CONTRACTOR", and/or individually referred to as the "PARTY" and collectively referred
to as the "PARTIES."
WHEREAS, RCW 70.94.521 through RCW 70.94.555 establishes the state's leadership role,
and the requirements and parameters to reduce traffic congestion, fuel use, and air pollution
through commute trip reduction programs, including transportation demand management
programs for growth and transportation efficiency centers ("GTEC") in Washington State; and
WHEREAS, RCW 47.06.050 requires that when planning capacity and operational
improvements, the State's first priority is to assess strategies to enhance the operational
efficiency of the existing system, and states that strategies to enhance the operational efficiencies
include, but are not limited to, access management, transportation system management, and
demand management("Strategies"); and
WHEREAS, RCW 47.01.078 directs the State to develop strategies to reduce the per capita
vehicle miles traveled, to consider efficiency tools including commute trip reduction and other
demand management tools, and to promote the integration of multimodal planning in support of
the transportation system policy goals described in RCW 47.04.280; and
WHEREAS, the Legislature has directed the State to increase the integration of public
transportation and the highway system, to facilitate coordination of transit services and planning,
and to maximize opportunities to use public transportation to improve the efficiency of
transportation corridors (RCW 47.01.330); and
WHEREAS, RCW 47.80.010 encourages the State and local jurisdictions to identify
opportunities for cooperation to achieve statewide and local transportation goals; and
WHEREAS, the State of Washington in its Sessions Laws of 2013, chapter 306, Section 220(6),
(7) and (8), authorizes funding for Public Transportation and Commute Trip Reduction programs
and other special proviso funding through the multi-modal transportation account as identified in
the budget through its 2013-2015 biennial appropriations to WSDOT; and
GCB1565 Page 1 of 16
WHEREAS the WSDOT Public Transportation Division is responsible for administering funds
on behalf of the Washington State Legislature;
NOW, THEREFORE, in consideration of terms, conditions, performances and mutual
covenants herein set forth and the attached Exhibit 1, "Project Scope of Work," and Exhibit 2,
"Project Progress Reports," which are both incorporated and made a part of this AGREEMENT,
IT IS MUTUALLY AGREED AS FOLLOWS:
Section 1
Purpose of Agreement
The purpose of this AGREEMENT is for WSDOT to provide funding to the CONTRACTOR to
be used solely for activities undertaken to fulfill the requirements of RCW 70.94.521 through
RCW 70.94.555, hereinafter known as the "Project."
Section 2
Scope of Work
The CONTRACTOR agrees to perform all designated tasks of the Project under this
AGREEMENT as described in Exhibit 1, "Project Scope of Work," which by this reference is
incorporated into this AGREEMENT as if fully set forth herein.
Section 3
Term of Project
The CONTRACTOR shall commence, perform and complete the Project within the time defined
in the caption space header above titled "Term of Project" of this AGREEMENT regardless of
the date of execution of this AGREEMENT, unless terminated as provided herein. The caption
space header above entitled' "Term of Project" and all caption space headers above are by this
reference incorporated into this AGREEMENT as if fully set forth herein.
Section 4
Project Costs
The total reimbursable cost to accomplish the Project Scope of Work shall not exceed the "State
Funds" detailed in the caption space header above titled "Project Costs." The CONTRACTOR
agrees to expend eligible "State Funds"together with any "Contractor Funds" identified above in
the caption space header "Project Costs," in an amount sufficient to complete the Project as
detailed in Exhibit 1, "Project Scope of Work." If at any time the CONTRACTOR becomes
aware that the cost which it expects to incur in the performance of this AGREEMENT will differ
from the amount indicated in the caption space titled "Project Costs" above, the CONTRACTOR
shall notify WSDOT in writing within three (3)business days of making that determination.
Section 5
Reimbursement and Payment
A. Payment will be made with State Funds by WSDOT on a reimbursable basis for actual costs
and expenditures incurred while performing eligible direct and related indirect Project work
during the Project period provided that payment is subject to the submission to and approval by
WSDOT of properly prepared invoices that substantiate the costs and expenses submitted by
CONTRACTOR for reimbursement and that are accompanied by progress reports and financial
information as required in Section 7 — Progress Reports. The CONTRACTOR must submit an
invoice using either State of Washington Form A-19 (Invoice Voucher), a copy of which is
attached hereto as Exhibit 3 and by this reference incorporated into this AGREEMENT or a
format approved by WSDOT. Such invoices may be submitted no more than once per month
and no less than once per year, during the course of this AGREEMENT. If approved by
WSDOT, said invoices shall be paid by WSDOT within thirty (30) days of receipt of the invoice.
GCB1565 Page 2 of 16
B. The CONTRACTOR shall submit an invoice by July 15, 2014, for any unreimbursed eligible
expenditures incurred between July 1, 2013, and June 30, 2014. If the CONTRACTOR is unable
to provide an invoice by this date, the CONTRACTOR shall provide an estimate of the charges
to be billed so WSDOT may accrue the expenditures in the proper fiscal period. Any subsequent
reimbursement request submitted will be limited to the amount accrued as set forth in this
section. The CONTRACTOR shall submit a final invoice to WSDOT no later than July 15,
2015. Any invoice received after July 15, 2015 will not be eligible for reimbursement.
Section 6
Project Records
The CONTRACTOR agrees to establish and maintain for the Project, either a separate set of
accounts or, accounts within the framework of an established accounting system in order to
sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in
the performance of this AGREEMENT. Such accounts are referred to herein collectively as the
"Project Account." All costs claimed against the Project Account must be supported by properly
executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in
sufficient detail the nature and propriety of the costs claimed.
Section 7
Progress Reports
The CONTRACTOR shall submit quarterly progress reports to WSDOT so that WSDOT may
adequately and accurately assess the progress made under the terms of this AGREEMENT. The
progress reports shall be prepared as prescribed by WSDOT on the forms provided in Exhibit 2,
"Project Progress Report" and/or as provided and modified by WSDOT staff. The
CONTRACTOR shall provide a final progress report, as prescribed in Exhibit 4, "Final Project
Progress Report" and/or as provided by WSDOT staff, with any changes to the form applied
according to the agreement modification process in Section 9. Progress reports shall be
submitted to WSDOT no later than forty-five (45) days from the end of each calendar quarter.
Section 8
Audits, Inspections, and Records Retention
WSDOT, the State Auditor, and any of their representatives, shall have full access to and the
right to examine, during normal business hours and as often as they deem necessary, all of the
CONTRACTOR's records with respect to all matters covered by this AGREEMENT. Such
representatives shall be permitted to audit, examine and make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls, and other matters
covered by this AGREEMENT. In order to facilitate any audits and inspections, the
CONTRACTOR shall retain all documents, papers, accounting records, and other materials
pertaining to this AGREEMENT for six (6) years from the date of completion of the Project or
the Project final payment date. However, in case of audit or litigation extending past that six (6)
years period, then the CONTRACTOR must retain all records until the audit or litigation is
completed. The CONTRACTOR shall be responsible to assure that the CONTRACTOR and
any subcontractors of CONTRACTOR comply with the provisions of this section and provide,
WSDOT, the State Auditor, and any of their representatives, access to such records within the
scope of this AGREEMENT.
Section 9
Agreement Modifications
A. Either PARTY may request changes to this AGREEMENT, including changes in the
Scope of Project. Such changes that are mutually agreed upon shall be incorporated as written
GCB1565 Page 3 of 16
amendments to this AGREEMENT. No variation or alteration of the terms of this
AGREEMENT shall be valid unless made in writing and signed by authorized representatives of
the PARTIES hereto.
B. If an increase in funding by the funding source augments the CONTRACTOR's
allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter
into an amendment to this AGREEMENT, providing for an appropriate change in the Scope of
Project and/or the Project Cost in order to reflect any such increase in funding.
C. If a reduction of funding by the funding source reduces the CONTRACTOR's allocation
of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an
amendment to this AGREEMENT providing for an appropriate change in the Scope of Project
and/or the Project Cost in order to reflect any such reduction of funding.
Section 10
Recapture Provision
In the event that the CONTRACTOR fails to expend State Funds in accordance with state law
and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture State Funds
in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a
period not to exceed three (3) years following termination or expiration of this AGREEMENT.
The CONTRACTOR agrees to repay such State Funds under this recapture provision within
thirty(30) days of demand.
Section 11
Disputes
A. If the PARTIES cannot resolve by mutual agreement, a dispute arising from the performance
of this AGREEMENT the CONTRACTOR may submit a written detailed description of the
dispute to the Public Transportation Division's Statewide Transportation Demand Management
Programs Manager or the Statewide Transportation Demand Management Programs Manager's
designee who will issue a written decision within ten calendar (10) days of receipt of the written
description of the dispute. This decision shall be final and conclusive unless within ten (10) days
from the date of CONTRACTOR's receipt of WSDOT's written decision, the CONTRACTOR
mails or otherwise furnishes a written appeal to the Director of the Public Transportation
Division or the Director's designee. In connection with any such appeal the CONTRACTOR
shall be afforded an opportunity to offer material in support of its position. The
CONTRACTOR's appeal shall be decided in writing within thirty (30) days of receipt of the
appeal by the Director of the Public Transportation Division or the Director's designee. The
decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the
decision.
B. Performance During Dispute. Unless otherwise directed by WSDOT, the CONTRACTOR
shall continue performance under this AGREEMENT while matters in dispute are being
resolved.
Section 12
Termination
WSDOT, at its sole discretion, may suspend or terminate this AGREEMENT in whole, or in
part, for the reasons following:
A. The CONTRACTOR materially breaches, or fails to perform any of the requirements of this
AGREEMENT and after fourteen (14) days written notice, has failed to cure the condition(s)
causing that breach. Conditions of breach may include, but are not limited to:
GCB1565 Page 4 of 16
1. Any action taken by the CONTRACTOR without WSDOT approval, which under the
provisions of this AGREEMENT, required WSDOT approval;
2. Failure to perform in the manner called for under this AGREEMENT; or
3. Failure to comply with any provision of this AGREEMENT;
B. The CONTRACTOR is prevented from proceeding with this AGREEMENT by reason of a
temporary, preliminary, special, or permanent restraining order or injunction of a court of
competent jurisdiction where the issuance of such order or injunction is primarily caused by the
acts or omissions of persons or agencies other than the CONTRACTOR;
C. The requisite State funding is reduced or becomes unavailable through failure of
appropriation or otherwise;
D. WSDOT determines that the continuation of the Project would not produce beneficial results
commensurate with the further expenditure of funds; or
E. WSDOT, in its sole discretion, determines to accept a request made in writing by the
CONTRACTOR to terminate this AGREEMENT in whole or in part; or
F. WSDOT determines that suspension or termination is in the best interests of the State.
If this AGREEMENT is terminated under subsections B, C, D, E, and/or F of this Section, the
CONTRACTOR may be reimbursed only for actual, eligible direct and related indirect expenses
incurred prior to the date of termination, and then only to the extent of awarded funds. If this
AGREEMENT is terminated under subsection A of this Section, the WSDOT shall not be
obligated to provide any additional reimbursement, and WSDOT shall retain all rights to seek
recapture or damages from the CONTRACTOR.
Section 13
Forbearance by WSDOT Not a Waiver
Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded
by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
Section 14
Waiver
In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be
construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and shall in no
way impair or prejudice any right or remedy available to WSDOT with respect to any breach or
default. In no event shall acceptance of any WSDOT payment of grant funds by the
CONTRACTOR constitute or be construed as a waiver by CONTRACTOR of any WSDOT
breach, or default which shall in no way impair or prejudice any right or remedy available to
CONTRACTOR with respect to any breach or default.
Section 15
WSDOT Advice
The CONTRACTOR bears complete responsibility for the administration and success of the
work as it is defined in this AGREEMENT and any amendments thereto. Although the
CONTRACTOR may seek the advice of WSDOT, the offering of WSDOT advice shall not
modify the CONTRACTOR's rights and obligations under this AGREEMENT and WSDOT
shall not be held liable for any advice offered to the CONTRACTOR.
Section 16
Limitation of Liability and Indemnification
GCB1565 Page 5 of 16
A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents, employees, and
officers and process and defend at its own expense any and all claims, demands, suits at law or
equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as
"claims"), of whatsoever kind or nature brought against WSDOT arising out of, in connection
with or incident to this AGREEMENT and/or the CONTRACTOR's performance or failure to
perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against
WSDOT, its agents, employees and officers arising out of, in connection with or incident to the
negligent acts or omissions of the CONTRACTOR, its agents, employees and officers. Provided,
however, that nothing herein shall require the CONTRACTOR to indemnify and hold harmless
or defend the WSDOT, its agents, employees or officers to the extent that claims are caused by
the negligent acts or omissions of the WSDOT, its agents, employees or officers. The
indemnification and hold harmless provision shall survive termination of this AGREEMENT.
B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the
employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in
any manner be deemed to be the employees of WSDOT.
C. The CONTRACTOR specifically assumes potential liability for actions brought by
CONTRACTOR's employees and/or subcontractors and solely for the purposes of this
indemnification and defense, the CONTRACTOR specifically waives any immunity under the
State Industrial Insurance Law, Title 51 Revised Code of Washington.
D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or other legal
expenses to enforce the provisions of this section of this AGREEMENT against the other
PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY.
Section 17
Governing Law,Venue, and Process
This AGREEMENT shall be construed and enforced in accordance with, and the validity and
performance thereof shall be governed by the laws of the State of Washington. In the event that
either PARTY deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be
initiated in the Superior Court of the State of Washington situated in Thurston County.
Section 18
Compliance with Laws and Regulations
The CONTRACTOR agrees to abide by all applicable State and Federal laws and regulations,
including, but not limited to, those concerning employment, equal opportunity employment,
nondiscrimination assurances, Project record keeping necessary to evidence AGREEMENT
compliance, and retention of all such records. The CONTRACTOR will adhere to all of the
nondiscrimination provisions in Chapter 49.60 RCW. The CONTRACTOR will also comply
with the Americans with Disabilities Act of 1990 (ADA), Public Law 101-336, including any
amendments thereto which provides comprehensive civil rights protection to individuals with
disabilities in the areas of employment public accommodations, state and local government
services and telecommunication.
Section 19
Severability
If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication
shall not affect the validity or obligation of performance of any other covenant or provision, or
part thereof, that in itself is valid if such remainder conforms to the terms and requirements of
applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or
GCB1565 Page 6 of 16
provision shall delay the performance of any other covenant or provision except as herein
allowed.
Section 20
Counterparts
This AGREEMENT may be executed in several counterparts, each of which shall be deemed to
be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt
all statements, representations, warranties, covenants, and agreements and their supporting
materials contained and/or mentioned in such executed counterpart, and does hereby accept State
Funds and agrees to all of the terms and conditions thereof.
Section 21
Execution
This AGREEMENT is executed by the Director of the Public Transportation Division, State of
Washington, Department of Transportation, or the Director's designee, not as an individual
incurring personal obligation and liability, but solely by, for, and on behalf of the State of
Washington, Department of Transportation, in his/her capacity as Director of the Public
Transportation Division.
Section 22
Binding Agreement
The undersigned acknowledges that they are authorized to execute the AGREEMENT and bind
their respective agency(ies) and/or entitity(ies)to the obligations set forth herein.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and
year last signed below.
WASHINGTON STATE CONTRACTOR
DEPARTMENT OF TRANSPORTATION
By: By:
Brian Lagerberg
Director, Public Transportation Print Name:
Title:
Who certifies proper authority to execute this
AGREEMENT on behalf of the
CONTRACTOR
Date: Date:
Approved as to form:
By:
Assistant Attorney General
Date:
GCB1565 Page 7 of 16
EXHIBIT 1
Project Scope of Work
Commute Trip Reduction (CTR)
1. Scope of Work
A. Administrative Work Plan
The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of
the first quarter of this agreement or when the CONTRACTOR submits its first invoice,
whichever is sooner. The administrative work plan will include the following elements:
1. The work plan shall identify the deliverables, schedule, expected outcomes,
performance measures and the budget specific to strategies associated with this
AGREEMENT and other strategies as defined in the approved and locally
adopted CTR or GTEC plans. These plans may include, but are not limited to,
recruiting new employer worksites, reviewing employer programs, administering
surveys, reviewing program exemption requests, providing employer training,
providing incentives, performing promotion and marketing, and providing
emergency ride home and other commuter services.
2. The administrative work plan budget shall identify how the CONTRACTOR will
use the state funds provided in this AGREEMENT for each task. The work plan
shall also provide an estimate of the other financial resources not provided in this
AGREEMENT that will be used to complete each task.
3. The administrative work plan must be approved in writing by the WSDOT Project
Manager and signed by the CONTRACTOR, and shall be incorporated as a
written amendment to the AGREEMENT. The administrative work plan may be
amended based on mutual written agreement between the WSDOT Project
Manager and the CONTRACTOR and shall be incorporated as a written
amendment to this AGREEMENT.
B. Work to be Performed
The county or city, whichever applies, has enacted or will enact a Commute Trip Reduction
(CTR) ordinance in compliance with RCW 70.94.521 through RCW 70.94.555. The
CONTRACTOR agrees to implement a CTR program based on the approved administrative
work plan and the draft or adopted local CTR plan and to comply with all provisions of the
applicable county or city ordinance.
C. Use of State Funds for Incentives
The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in
accordance with incentives guidance to be provided by WSDOT.
D. Quarterly Progress Reports and Invoices
The CONTRACTOR agrees to submit to WSDOT complete quarterly progress reports, as
specified by WSDOT in Section 7—Progress Reports of the AGREEMENT, in Exhibit 2,
"Project Progress Report", and as integrated with the deliverables identified in the
administrative work plan, along with all invoices in accordance with Section 5 —
Reimbursement and Payment of the AGREEMENT. All invoices shall be complete and
GCB1565 Page 8 of 16
accurately reflect actual State funded expenditures. Only those activities identified in the
CONTRACTOR'S approved administrative work plan will be reimbursed by WSDOT.
E. Final Progress Report
The CONTRACTOR agrees to submit to WSDOT a final progress report, a template of
which is attached hereto as Exhibit 4, "Final Project Progress Report,"to replace the last
quarterly progress report in the period of the AGREEMENT. The final progress report shall
provide an estimate of the other financial resources not provided in this AGREEMENT that
were used to complete each task and shall provide a list of the funds provided in this
AGREEMENT that were disbursed by the CONTRACTOR to its eligible contracting
partner(s).
F. Funding Distribution
The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities,
transit agencies, Transportation Management Associations, and Metropolitan Planning
Organizations or other eligible organizations authorized to enter into agreements for the
purposes of implementing CTR and/or GTEC, plans as applicable, and ordinances as
authorized by RCW 70.94.527(5) and RCW 70.94.544.
G. Implementation Plans
The CONTRACTOR shall incorporate appropriate sections of the Project Scope of Work and
incentives guidance, as well as the approved administrative work plan, in all agreements with
eligible contracting partner(s), as necessary,to coordinate the development, implementation,
and administration of such CTR and/or GTEC plans, and compliance with applicable
ordinances.
H. Appeals and Modifications
The CONTRACTOR shall maintain an appeals process consistent with the Administrative
Procedures section contained in the CTR Guidelines which may be obtained from WSDOT
or found at http://www.wsdot.wa.gov/Transit/CTR/law.htm.
I. Coordination with Regional Transportation Planning Organizations (RTPO)
The CONTRACTOR shall coordinate the development and implementation of its CTR
and/or GTEC plan and programs with the applicable regional transportation planning
organization (RTPO). The CONTRACTOR agrees to notify the RTPO of any substantial
changes to its plans and programs that could impact the success of the regional CTR plan.
The CONTRACTOR agrees to provide information about the progress of its CTR and/or
GTEC plan and programs to the RTPO upon request.
J. Survey Coordination
The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for
commute trip reduction employer surveys.
K. Planning Data
The CONTRACTOR agrees to provide WSDOT with the program goals established for
newly affected worksites when they are established by the local jurisdiction. The
CONTRACTOR agrees to provide WSDOT with updated program goals for affected
worksites and jurisdictions as requested. These updates shall be submitted electronically in a
format specified by WSDOT.
GCB1565 Page 9 of 16
L. Database Updates
The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR's contracting
partners with updated lists of affected or participating worksites, employee transportation
coordinators, and jurisdiction contacts, as requested. These updates will be submitted in a
format specified by WSDOT.
GCB1565 Page 10 of 16
EXHIBIT 2
Project Progress Report
Commute Trip Reduction(CTR) Quarterly Project Report
Reporting quarter: Date:
Organization: Agreement number:
Biennial Estimate of drive-alone trips to reduce to meet goal:
targets
Key
deliverables:
(from
administrative
workplan)
Completed activities this quarter
Planned activities for next quarter
Describe issues, risks or challenges and resolutions
Estimated expenditures of state funds for this quarter
GCB1565 Page 11 of 16
Exhibit 3 MINORITY BUSINESSES
MARK BOXES) IF APPROPRIATE
o
V partm`@ tofTranspO.tal Invoice Voucher W 0
E
VENDOR OR CLAIMANT(WARRANT TO BE PAYABLE TO) VENDOR'S CERTIFICATE.I here by certify under penalty of perjury that the items and
total listed herein are proper charges for materials,merchandise or services furnished to
agency he State of Washington and that all goods furnished and/or services rendered have
been provided without discrimination on the grounds of race,creed,color,national origin,
address sex or age
city, state ZIP BY(SIGNATURES IN INK)
contact name Phone# email
FEDERAL ID.NUMBER OR SOCIAL SECURYTY NUMBER TITLE DATE
(FOR REPORTINGPERSONAL SVCS.CONTRACT PAYMENT TO IRS) DD-DDDDDDD
INSTRUCTIONS TO VENDOR OR CLAIMANT: Show complete detail for each item below.
DATE CURRENT EXPENDITURES
DESCRIPTION EXPENDITURES TO DATE
TDM Implementation
AGREEMEN
INVOICE
T
DESCRIPTION BILLING PERIOD
XXXX Transportation Demand Management Implementation
TD
ACCOUNTING CLASSIFICATION
ACCOUNT CONTROL SECTION FEDERAL
JOB NUMBER WORKOP OJB SUB ORG.NUMBER EQUIPMENT NUMBER NON-PARTICIPATING NET AMOUNT
OBJ ORDER NUMBER
1P0000-00 0723 NZ13 631020
TOTAL
SIGNATURE OF APPROVING AUTHORITY DATE RECEIVING VERIFICATION DATE RECEIVED
(SIGNATURE)
CHECKED AND APPROVED FOR PROCESSING BY DATE WARRANT NUMBER VOUCHER NUMBER
GCB1565 Page 12 of 16
EXHIBIT 4
Final Project Progress Report
Commute Trip Reduction (CTR) Final Project Report
Biennium: 2013-2015 1 Date:
Organization: I IAgreement number: I GCB
Biennial Estimate of drive-alone trips to reduce to meet goal:
targets
Deliverables:
(from
administrative
workplan)
Describe your progress on each of your deliverables this biennium.
Did you meet your targets for this biennium? Why or why not?
What were your major successes this biennium? How did they help you make
progress toward the goals in your jurisdiction's CTR Ian s ?
What were your major challenges this biennium? How did they hinder your
progress toward the goals in your jurisdiction's CTR Ian s ?
How do you measure the performance of your strategies?
What did you learn this biennium?
What would help you be more successful in the future? Please be specific (If it's
more resources, how much and what would they be for, etc.).
For each of the strategies in your administrative work plan, describe your
expected outcomes, whether you met those outcomes, and why or why not.
Strategy Expected Performance Outcomes Why or why not?
outcomes measures met?
GCB 1565 Page 13 of 14
If your organization used other financial resources besides state CTR funds to
implement the activities in your administrative work plan for this agreement,
please provide the information below.
Source of local funds Estimated funds spent How the funds were
this agreement used
Total local funds:
If your organization disbursed any state CTR funds to other organizations to
implement the activities in your administrative work plan for this agreement,
please list the total amount disbursed for the biennium below.
Organization Total disbursed this Purpose of disbursal
agreement
Total disbursement:
GCB1565 Page 14 of 14
KENT Agenda Item: Consent Calendar — 7G
TO: City Council
DATE: August 6, 2013
SUBJECT: Economic & Community Development Department
Office Tech I Permit Center Position — Authorize
MOTION: Authorize the Limited Term Office Tech I Position in the 2013-
2014 budget in the Permit Center, Economic & Community Development
Department.
SUMMARY: At the July 16th Council meeting, Council approved a budget adjustment
of $8,960 for a 4 month temporary Office Tech I position in the Permit Center. At
Labor Management the union had concerns with this being a temporary position so it
was agreed upon through Human Resources, Economic Development and AFSCME for
a full-time, benefited, limited term position, with Council approval. This position's term
will begin as soon as the position is filled to assist with support during the busy
construction season.
As reported to the City Council, ECD has seen significant, sustained increases in
applied for and issued permits over the last three years. Commercial and
homebuilding market reports, discussions with builders and developers, and a review
of our pipeline of projects all confirm this increased workload will continue through this
summer's building season and likely for some time to come as the regional and
national economy continues its recovery. Several large projects being planned for Kent
could go to construction this year and create significant spikes in the workload.
As the homebuilding industry steadily recovers and commercial construction returns,
ECD has made great strides in continually improving the efficiency and effectiveness
of delivering permitting services to our customers. Thanks to these efforts, today ECD
is processing over 90 percent of the historic volume of permits with 66 percent of our
historic peak staffing level (54 positions in 2008 vs. 36 positions today).
EXHIBITS: None
RECOMMENDED BY: Economic & Community Development Director Ben Wolters
BUDGET IMPACTS: The budget was already approved for this position at the July 16,
2013 Council meeting.
Z KENT
HA r Agenda Item: Bids — 9A
TO: City Council
DATE: August 6, 2013
SUBJECT: Hawley Road Levee Improvements, Phase 2
MOTION: Move to award the Hawley Road Levee Improvements Phase 2
Project contract to SCI Infrastructure, LLC, in the amount of $442,679.76, and
authorize the Mayor to sign all necessary documents, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: The Hawley Road Levee Improvements Phase 2 Project involves widening
Hawley Road to complement the Phase I improvements and complete the majority of
this levee project. Following approval from WSDOT to tie this levee into SR 167, we
will move forward with levee accreditation from Horseshoe Bend to West Valley
Highway, which includes approximately 525 feet of guardrail, the addition of an 8-foot
wide pedestrian/bike path on the river side, a continuation of curb, gutter and
sidewalk on the landside, 245 feet of new storm drainage system, street lighting and
approximately 3,500 tons of levee embankment.
The work is part of the city of Kent and the King County Flood Control District's efforts
to repair deficient levees to a safety standard that exceeds FEMA accreditation.
EXHIBITS: Public Works Memo dated 7/30/2013
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: The King County Flood Control District was awarded $900,000 by
the Washington State legislature to complete this project. Kent has constructed Phase
I and purchased right of way necessary to complete Phase 2 through an agreement
with the Flood District. This agreement requires Kent to fund the cost of improvements
over the grant award. To date $845,000 has been spent. The Phase 2 work and
associated construction management will cost approximately $575,000. For a total
project cost of $1,420,000. The last $520,000 needed to complete the project will be
paid for out of the Stormwater Drainage Fund.
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E.,
Public Works Director
KENT Address: 220 Fourth Avenue S.
W A S H I N c 7 o N Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: July 30, 2013
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: Hawley Road Levee Improvements Phase 2 Project #10-3010.5
- Award
Bid opening for this project was held on July 30, 2013 with four bids received. The
low bid was submitted by SCI Infrastructure, LLC in the amount of $442,679.76.
The Engineer's estimate was $478,428.77. The Public Works Director recommends
awarding this contract to the low bidder.
Bid Summary
01. SCI Infrastructure, LLC $442,679.76
02. Hoffman Construction, Inc. $513,061.70
03. Road Construction Northwest, Inc. $533,261.17
04. MVG, LLC $589,411.13
Engineer's Estimate $478,428.77
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
KEN-- Parks and Human Services Committee Meeting Minutes
June 20, 2013
Council Committee Members: Chair Debbie Ranniger, Dana Ralph. Elizabeth
Albertson was absent.
Chair Debbie Ranniger called the meeting to order at 5:03 p.m.
Item 1: Minutes of May 16, 2013 - Approve
Committeemember Ralph moved to approve the minutes dated May 16, 2013.
Chair Ranniger seconded. The motion passed 3-0 with concurrence from
Committeemember Albertson.
Item 2: Recreation Division: Resource Allocation and Cost Recovery Methodology -
INFO ONLY
Chair Ranniger introduced Jeff Watling, Parks, Recreation and Community Services
Director and Lori Hogan, Superintendent of Recreation and Cultural Services,
explaining that at the retreat earlier in 2013, Council asked staff to examine and
explore resource allocation and cost recovery within recreation programs and
services.
Parks Director Jeff Watling referenced the Council's request to take a deeper look at
the programs and services that the Recreation Division offers. To look at how staff
prioritizes these services and how fees and subsidies are balanced. Watling said the
exercise will be a great resource and management tool for Council to make policy
decisions on programs and services. Watling explained that there is a general fund
support in what recreation does, as well fees charged for services. That combination
frames the term of cost recovery. Watling and Hogan explored different tools and
frameworks and came up with an option. Before sharing that option, Watling
wanted to share information and to get more feedback from Council.
Watling summarized his recounting of Council's requests:
• To have a better understanding of cost recovery and why certain programs
areas have a different cost recovery than others, i.e. Adult Sports and
Youth/Teen services. Why one investment is prioritized one way and
participants pay a higher cost in other areas.
• To see how we prioritize and are looking at the benefits, outcomes and the
return on investment and how it all fits into the equation. Understanding that
the return on investment in a lot of these offerings, whether it's a public
space, community park, or a community program or service is often not just
financial, but has social and community benefits as well.
Ranniger responded that Council wants to have a decision-making tool to help them
better understand what is the "bang for the buck" on the different programs. If
another budget situation arises, Council has to look at what the city cannot provide
within the current level of service. Council needs analytics and resources, to look at
the subsidy, value, cost recovery, how many people are we serving, see what we
can and can't do. It will give Council more tools for consideration and deliberation in
making tough decisions and would eliminate supporting a favorite program.
Committeemember Ralph said Council wanted a tool to assist in making decisions
on programs. To evenly apply the same measure to each of the programs. It
involves dollars and figuring out a way to monetize the social benefit, as well as
the community benefit. To figure out how to assign programs as a whole. She sees
it at the 10,000 foot level and not on an individual offering level. It's an important
exercise to either validate the programs we are doing or decide if the program isn't
working. To analyze the benefit of programs and cost recovery in order to make
decisions.
Ranniger stated that another thing to keep in mind is taking into consideration that
we aren't seeking to make services equal, but equitable. For example, there may be
a program that serves an underserved population and it may be the only program
of its type that serves that population, whereas there may be three different
programs that serves a different population. We need to determine which program
to keep or eliminate and examine if that group is being served elsewhere, or can it
be served elsewhere, or is it the only one of its kind meeting the needs of that
demographic in the community.
Committeemember Ralph feels that is when we have to look at the social benefit, to
look the value of the program that doesn't exist elsewhere.
Watling said there are many filters that staff inherently run on every service we
offer - maintaining a perspective of who the program is serving and if other
agencies in the market are providing the same service. All of this helps to identify
cost recovery methodology. We need to know how we formalize some of what
programs we've offered for a long time. During the recession we had to go through
some prioritization work and make some very hard decisions on services that we
could no longer provide. We need to make policy decisions that will enable us to
provide data that will assist us in making these decisions.
Chair Ranniger commented that we don't have the same dollars we used to and we
need to be strategic with dollars and management of services. This could be a tool
to identify programs or activities where we are currently not serving a certain
population that needs to be served, and see if we need to reallocate. Some events
were eliminated in the past because we weren't serving the needs of our local
community, i.e. the Renaissance Fair. Staff created events like the Kent
International Festival and the You Me We events that both resonate with our
community. Watling added that some of the great work by Lori Hogan and the
Youth/Teen staff achieves the goal of serving the needs of the community and
preserving these resources, for example, the Phoenix Community Center. We need
to answer how are we best position these resources and invest in them to serve the
needs of the community.
Watling distributed "Cost Recovery Pyramid Methodology" materials from
Green Play, a Leading Edge in Parks, Recreation and Open Space Consulting to
discuss the framework of what staff needs to do. It shows an option that other
cities have used - giving a fresh set of eyes to what we do. It gives us the
opportunity to review our programs and services and to assess the benefits. It
provides a variety of filters to run the services through for us to get to the
investment. It lends to important questions such as; who are we serving, what is
the benefit, and how do we quantify the benefit? The pyramid prioritizes those
programs that have a full public good and those programs with primarily a private
good. Understanding that a lot of what is offered in the private sector is a mix
between public good and private good. Within all of this work, it allows us to set
and determine cost recovery targets that help position the programs from a
budgetary and policy making standpoint, as well as from a management viewpoint.
It becomes a great annual tool.
Chair Ranniger stated it was exactly what Council wanted.
Committeemember Ralph's only concern is creating more work just to create a
report that won't be used. She feels staff is already working so lean as it is. It
appears to be a valid tool that could be used in designing and developing what
programs we need and what programs are doing very well. She supports it, as long
as it provides the tools to examine if the programs are a smart investment of both
time and resources.
Watling responded that he sees using this tool to grow with us and to use for many
years to come. The next steps are to put together a scope of work and bring back a
contract to Council for approval. There will be a staff leadership key group to help
lead this effort. One thought is to have a Councilmember be a part of this group.
There still is time to think through this part of the process.
Chair Ranniger asked about the timeframe for Councilmember participation. Watling
responded that it will be approximately a 4-6 month process, beginning in the fall.
Hogan added that it won't be weekly meetings, or time intensive. Meetings will be
scheduled on an as-needed basis. Watling added that another key piece in the
scope will be a public outreach component.
Item 3: Director's Report
The last couple years Human Services has been waiting for the Community
Development Block Grant allotment to catch up with the annexation numbers and
consensus data. Each year, Council adopts the Annual Action Plan which includes a
contingency component for funds that are above or below a specific amount.
All of the city's summer programs have begun that include preparation for baseball
and softball tournaments every weekend and events during the week.
Staff is busy preparing for the Fourth of July celebration at Lake Meridian Park when
annually host 15,000+ at the park. Jeff commended Lori Hogan and the Recreation
team for putting on such a great event, plus our partnerships with Police and Fire.
The Summer Concert Series begins on Tuesday, July 9 at Kent Station, Wednesdays
at Town Square Plaza and Thursdays at Lake Meridian. Staff is in communication
with Public Works and the contractor of The Platform construction at Town Square
Plaza to coordinate summer events with the construction schedule.
The Jazz and Art Event is June 27 at the Senior Center from 5:00 p.m. until dusk
with local artists will displaying their artwork and entertainment provided by local
jazz musicians. Our partners at Stafford Suites are providing free boxed dinners for
the first 100 people who attend.
Chair Ranniger adjourned the meeting at 5:30 p.m.
Respectfully submitted,
7'011 7'etrlol�
Teri Petrole
Council Committee Secretary
Page 4
PUBLIC WORKS COMMITTEE MINUTES
July 1, ..2013 ....
Committee Members Present:
Committee Chair Elizabeth Albertson was running a few minutes late, Committee
member Dennis Higgins sat in as Chair until Albertson arrived. Dana Ralph was
present. The meeting was called to order at 4:04 PM.
Item 1 — Approval of Meeting Minutes Dated June 17, 2013:
Committee member Ralph MOVED to approve the minutes of June 17, 2013.
The motion was SECONDED by Committee member Higgins and PASSED 2-0,
with Committee member Albertson's concurrence.
Item 2 — Washington Traffic Safety Commission School Zone
Beacon/Lighting - Grants:
Debra Leroy, Research and Development Analyst for the Police Department applied
for and were awarded two grants from the Washington Traffic Safety Commission for
flashing beacons. Emerald Park Elementary and Pinetree Elementary Schools will
have the flashing beacons installed fall of 2013.
Leroy noted that the flashing beacons will help to slow down motorists. Speed
predicts both frequency and severity of pedestrian injuries.Having the flashing
beacons also encourages more students to walk and bike to school.
Committee member Higgins MOVED to recommend Council accept the
Washington Traffic Safety Commission grant awards in the amounts of
$15,000 and $7,500 and establish the budget. The motion was SECONDED
by Committee member Ralph and PASSED 3-0.
Item 3 — Goods & Services Agreement/Graybar — Street Light Restoration
Proiect•
Senior Signal Tech, Mike Sorensen stated that the Transportation Engineering section
solicited written bids for street light poles and arms to be used to restore those that
have been knocked down in the City. Of the four bids received Graybar was the
lowest responsible bidder. Staff anticipates delivery of the poles in October with
installation completed by the first quarter of 2014.
Sorensen shared the following statistics; all of which are maintained by three
Transportation personnel:
119 Traffic Signals
58 Back-up Systems
48 Miles of Cable
56 Lights have been knocked down and replaced so far this year
40 Remaining lights to put up, 30 of which will also need bases
PUBLIC WORKS COMMITTEE MINUTES
July 1, ..2013 ....
Committee member Ralph MOVED to recommend Council authorize the
Mayor to sign a Goods and Services Agreement with Graybar, in an amount
not to exceed $41,760.02 for street light poles and arms, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director. The motion was SECONDED by Committee member Higgins and
PASSED 3-0.
Item 4 — State Route 516 to S. 2315t Way Levee Project — North Reach
Interlocal Agreement with the King County Flood Cotnrol District:
Beth Tan, Sr. Environmental Engineer noted that this reach of levee is adjacent to
the Lakes Community. Condominium Associations of Marina Pointe and River Place
requires this levee segment improvements to meet the federal standards for
accreditation.
This interlocal agreement describes the responsibilities and procedures between the
King County Flood Control District (KCFCD) and the City for the construction effort on
the North Reach Levee Project. The agreement was approved by the KCFCD
Executive Committee at their June 25, 2013 meeting.
Committee member Higgins MOVED to recommend Council authorize the
Mayor to sign the Interlocal Agreement with the King County Flood Control
District to receive reimbursement for improvements to the State Route 516
to S. 2315t Way Levee — North Reach Project, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director. The
motion was SECONDED by Committee member Ralph and PASSED 3-0.
Item 5 — Consultant Services Agreement with ESA — National Flood
Insurance Program Biological Opinion Compliance :
Beth Tan, Sr. Environmental Engineer, noted that in 2008, the National Marine
Fisheries Service (NMFS) released a Biological Opinion on the effects of the Federal
Emergency Management Agency's (FEMA) National Flood Insurance Program (NFIP)
throughout Puget Sound. It was noted by NMFS that the NFIP was considered a 'take'
of endangered species because it allows for development in areas affecting the Green
River fish habitat. The city of Kent is a member of NFIP and therefore must comply
with the Biological Opinion.
Tan went on to state that a compliance checklist and reference material was
submitted by ESA, an environmental science firm, to FEMA in August of 2011. FEMA
requires further clarification. The proposed scope of work is to respond to FEMA's
comments and is in addition to the original contract with ESA.
PUBLIC WORKS COMMITTEE MINUTES
July 1, ..2013 ....
Committee member Ralph MOVED to recommend Council authorize the
Mayor to sign an amendment to the ESA Contract for the National Flood
Insurance Program Biological Opinion Compliance in the amount not to
exceed $7,399 upon concurrence of the language therein by the City
Attorney and Public Works Director. The motion was SECONDED by
Committee member Higgins and PASSED 3-0.
Item 6 — Proposed SE 256th Street (Kent-Kangley Road to 116th Ave SE) —
Resolution:
Public Works Director, Tim LaPorte gave a brief summary of the proposed SE 256th
Street (Kent-Kangley Road to 116th Ave SE) Resolution. Regarding expending B&O
tax money to fund this project. Committee members spoke briefly about whether to
add time limits to the Proposed Resolution. After some discussion it was decided not
to put any time limits on the resolution. Everyone was in agreement that the
Proposed Resolution was a good one.
Committee member Higgins MOVED to recommend Council adopt a
Resolution relating to funding the construction of improvements to SE 256th
Street, authorizing expenditure of funds from the city's business and
occupation (B&O) tax account to complete those improvements, and
confirming that all current and future transportation impact fee revenues
shall be transferred to the city's B&O tax account until the total amount
expended from the B&O tax account to complete the construction of the SE
256th Street construction project is completely restored. The motion was
SECONDED by Committee member Ralph and PASSED 3-0.
Added Items:
Kent resident, Bill Doolittle discussed a variety of items:
• The large sewer covers on Meeker & James Street in front of the Mini Storage
have a 1" exposed lip.
• On South Central there are several manhole covers that rock side to side when
driven over.
• He would like to see the speed limit reduced on Central Avenue to preserve the
road; like Auburn has done.
• He noticed that the Evacuation Route signs have been covered throughout the
city. He would like to see the posts reused and put up new signs that read either
"Hang Up & Drive" or "Drive Nice".
The meeting was adjourned at 4:54 p.m.
Cheryl Viseth
Council Committee Recorder
EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION