HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 4/18/2017adccW15902
CITY OF KENT
Council MeetingAgenda
Mayor Suzette Cooke
Council President Bill Boyce
Councilmembers
Jim Berrios Tina Budell
Brenda Fincher Dennis Higgins
Dana Ralph Les Thomas
April 18, 2017
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KENT CITY COUNCIL AGENDAS
April 18, 2017
Council Chambers
Mayor Suzette Cooke
Council President Bill Boyce
Councilmember Jim Berrios Councilmember Tina Budell
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Dana Ralph Councilmember Les Thomas
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COUNCIL WORKSHOP AGENDA
5 p.m.
Subject Speaker Time
Valley Road Construction Update Chad Bieren/Tim LaPorte 15 min
Naden Properties Update Ben Wolters 60 min
COUNCIL MEETING AGENDA
7 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Proclamation for Stand Against Racism Day
C. Community Events
D. Public Safety Update
E. Intergovernmental Reports
5. PUBLIC HEARING
6. PUBLIC COMMENT - Please state your name and address for the record. You
will have up to three (3) minutes to provide comment. Please address all
comments to the Mayor or the Council as a whole. The Mayor and Council
may not be in a position to answer questions during the meeting. For more
details regarding the public comment process, please refer to the section
titled, “Public Comments,” on the reverse side.
7. CONSENT CALENDAR
A. Minutes of Previous Meetings and Workshops – Approve
B. Countywide Planning Policies – Ratification – Resolution – Adopt
C. SR 516 to S 231st Way Levee Improvements – Russell Road Upper Levee
South Reach – Accept as Complete
D. Lease Agreement with King County Puget Sound Emergency Radio
Network (PSERN) - Authorize
8. OTHER BUSINESS
9. BIDS
A. Hogan Park Field #1 Synthetic Turf Conversion Project – Award &
Authorize
10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
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.
COUNCIL WORKSHOP
1)Valley Road Construction Update, Chad Bieren/Tim LaPorte
2)Naden Properties Update, Ben Wolters
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CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
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PUBLIC COMMUNICATIONS
A) Public Recognition
B) Proclamation for Stand Against Racism Day
C) Community Events
D) Public Safety Update
E) Intergovernmental Reports
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PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 7A_
CONSENT CALENDAR
7. City Council Action:
Councilmember moves,
Councilmember seconds
to approve Consent Calendar Items A through D.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the special meeting of March 29, 2017, and the
workshop and regular council meeting of April 4, 2017.
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Joint Special Meeting - Kent City Council and Kent School District Minutes
March 29, 2017 Kent, Washington
Pending Approval
Page 1 of 5
Date: March 29, 2017
Time: 5:30 p.m.
Place: Centennial North/South
Attending: CITY COUNCIL OF THE BOARD OF DIRECTORS OF THE
CITY OF KENT KENT SCHOOL DIRECTORS OF THE
Suzette Cooke, Mayor KENT SCHOOL DISTRICT NO. 415
Bill Boyce, Council President Karen DeBruler, President
Jim Berrios, Councilmember Agda Burchard
Tina Budell, Councilmember Russ Hanscom
Brenda Fincher, Councilmember Debbie Straus
Dennis Higgins, Councilmember Maya Vengadasalam
Dana Ralph, Councilmember
Les Thomas, Councilmember
Agenda:
1. Call to Order
The meeting was called to order at 5:34 p.m., with Council President Boyce presiding.
Council President Bill Boyce welcomed the members of the Kent School District Board of Directors,
the Kent City Council, City of Kent staff, and members of the public. President Boyce detailed the
agenda items, the timeframe for discussion of each item, and the meeting timeline.
2. New Elementary School
Dr. Watts provided information on the District’s plans for locations for new schools.
New elementary school in Covington – Ground breaking in one month. New elementary school in
the valley – The District is exploring options, with the assistance of City staff and are looking for
the most suitable K-6 model for the elementary. Viable options include the Kent Mountain View
Academy and the Kent Valley Early Learning Center. The District may consider selling the Early
Learning Center. Tim LaPorte, City of Kent Public Works Director, indicated that the Mountain View
site is located within the City of SeaTac, that there is no sewer service, and that the City is
considering forming an LID. Over the next six to nine months, the District will continue to explore
sites in the valley that will include the possibility of relocating programs and building a multiple-
story school. The District anticipates opening the school in the valley in 2022.
Ben Wolters, Economic and Community Development Director, advised that City staff is working
with the District to determine the needs and identify potential sites. The message conveyed by
the City is that given the land limitations, the District should look hard at a multi-story solution.
Ben indicated that the City and District are jointly funding a market data consultant for a market
study.
Follow-up: Dr. Watts will provide the expected student population that may come out of the
Grandview Apartments.
Joint Special Meeting - Kent City Council and Kent School District Minutes
March 29, 2017 Kent, Washington
Pending Approval
Page 2 of 5
Mayor Cooke spoke regarding the design of future schools and requested the District take into
consideration allowing for access for community activities at their facilities. Dr. Watts indicated
that there is a public benefit when schools are open to the public, but that the challenge is ensuring
there are adequate resources to ensure the security of the facilities.
Mayor Cooke recommended the District formally explore what it would take to make the
District facilities more accessible for use by the public. She requested that consideration be
given to providing access for adult learning.
Follow-up: Mayor Cooke advised that Julie Parascondola, Parks, Recreation, and Community
Services Department Director will contact the District for follow-up.
Brenda Fincher suggested that since the District requires six to eight acres for a site, that they
should use the new Panther Lake Elementary as the model in addition to considering ADA
compliance for multi-story schools.
Ben Wolters advised that the Cancer Treatment Centers of America site is currently under contract
with a developer and may not be a viable future site for the District and indicated that the former
REI facility is for sale.
Dr. Watts advised that, when building new facilities, the District considers preserving land, and
community growth/decline. The District also considers marketing facilities when they are no longer
needed as a school.
3. Marijuana Challenges in Schools
Dr. Watts spoke regarding statewide impacts and indicated that marijuana provides a viable
revenue stream for municipalities. The District has not seen a major spike in negative impacts in
schools. There is an increase in students bringing marijuana-infused products into the schools that
may increase access to the products. The reality is that the pressure is on the cities to regulate
marijuana.
Dr. Watts expressed his concern over student access to anything that could cause harm by
impairing decision-making.
Members discussed the increase in perception of harm, that there is an increase in use, and that
the message has changed to it being okay to use marijuana.
Councilmember Berrios requested that the District and City work together to convey the same
message.
Maya Vengadasalam suggested expanding the Game of Life program. Councilmember Ralph
advised that it has been hard to get the program into the schools because school staff is not willing
to take advantage of the program.
Assistant Chief Rafael Padilla advised that there has been an increase in daytime DUI marijuana
arrests, but there are no statistics directly relating to students. There are concerns over student
Joint Special Meeting - Kent City Council and Kent School District Minutes
March 29, 2017 Kent, Washington
Pending Approval
Page 3 of 5
safety since marijuana impairs judgment. Assistant Chief Padilla indicated the District and City
should have a consistent message to restrict access.
Russ Hanscom advised that the data-driven public health study indicated that marijuana use
causes less harm than alcohol or carbonated drinks. He indicated that the access to marijuana is
available and will not go away. Russ Hanscom indicated students can go to surrounding
communities to gain access to marijuana and that the City is missing out on a revenue opportunity.
He suggested that there may be an opportunity in the future to legalize marijuana and educate
the youth and that there should be a coordinated effort between the City and District.
Councilmember Ralph advised that there is no current information as to whether marijuana would
provide a solid revenue source if the City were to lift its ban.
Follow-up: Dr. Watts will provide the Healthy Use survey to the Council.
4. Strategic Plan Alignment
City of Kent Strategic Plan. Derek Matheson, Chief Administrative Officer, provided details
regarding Kent’s Strategic Plan. Derek Matheson indicated that the emphasis is on government
performance. The City added a position for strategic planning Lean continuous improvement, and
performance measurement. The City refreshed its 2012 plan and reaffirmed the vision statement,
revised the goals, and will flesh out the goals using a process called “Strategic Mapping”. The City
anticipates implementing a visual management board that can be updated in real time.
The City kicked off a Lean training program that included Lean basic, Lean for practitioners, and
Lean for leaders. Lean exercises followed. The City’s shining example is the Lean for the code
enforcement program.
It is anticipated that the Strategic Plan will be rebuilt after the election of a new mayor and council.
Vision: Kent is a safe, connected and beautiful City, culturally vibrant with richly diverse urban
centers.
Goals: Innovative Government, Authentic Connectivity and Communication, Thriving
Neighborhoods and Urban Centers, Sustainable Funding, Inclusive Community
Russ Hanscom suggested the City and District partner on capital improvements, including
improving school neighborhood walkways.
Kent School District Strategic Plan – “Blueprint: Leaning Forward Together 2016-2021.” Dr. Watts
indicated that the development of the Strategic Plan was a collaborative process involving the
community.
Mission Statement: “Successfully preparing all students for their futures,” answers the question of
why the District exists.
Vision Statement: “The Kent School District produces graduates who are globally competitive
learners. Through equitable access to high quality academic, social, and applied learning, students
Joint Special Meeting - Kent City Council and Kent School District Minutes
March 29, 2017 Kent, Washington
Pending Approval
Page 4 of 5
are ready to excel in college, careers, and an in life,” tells us where do we see ourselves in 3-5
years and how do we get there.
Core Values: (1) Equity: all students have equal access to quality staff, courses, activities,
services, and resources based on their individual needs; (2) Excellence: student excellence is a
balance of rigorous academic, social, and career-readiness skills; and (3) Community: community
engagement is proactive involvement of stakeholders in school District priorities and partnerships.
The District recognizes that there needs to be two-way, effective communications, organizational
effectiveness, and the need for a premier and diverse workforce.
Objectives: The public is invited to attend a public presentation of the District’s new strategic plan
on April 6 and 8. Twice per year the District will seek input from the community for accountability.
5. School Parking Challenges
Kelly Peterson, City of Kent Transportation manager, presented information regarding the safety
of students walking to and from school. Kelly is working in cooperation with Justin Dennison, Kent
School District Director of Transportation.
There has been an increase in the number of parents driving their students to and from school
and this has created parking challenges. Kelly shared photos and video of dangerous situations
currently taking place every school day at both Panther Lake Elementary and Soos Creek
Elementary. Kelly advised of the proposed road improvements that are planned for the S.E. 218th
Street project.
Kelly indicated that Officer Schanbacher recently coordinated a cooperative agreement between
George T. Daniel Elementary and the surrounding churches. By parents queueing up in the local
church parking lots, parking issues have been resolved.
It was suggested that as the District considers sites for future schools, that they take into
consideration potential parking issues and student pickup/drop off areas. The City and District
should collaborate on this process.
Councilmember Higgins indicated that the City should step up and fund capital improvement
programs.
6. Immigration Issues
Dr. Watts provided information regarding a recent meeting held at the Golden Steer Restaurant
that focused on immigration. Presenters included the Deputy Field Director from Homeland
Security, representatives from Green River Community College, the School District, City of Kent,
and Puget Sound ESD. Information was discussed regarding what could be expected as a result of
the Executive Orders.
Dr. Watts indicated that families in communities are in fear/stress/anxiety and believe they are
unwanted. The District sent letters to students and the community expressing care, concern, and
expressing the District’s commitment to ensuring all families feel safe.
Joint Special Meeting - Kent City Council and Kent School District Minutes
March 29, 2017 Kent, Washington
Pending Approval
Page 5 of 5
Mayor Cooke expressed her frustration with the day-to-day changes regarding Executive Orders.
Assistant Chief Padilla advised that the Police Department will work cooperatively with the District
if there is ever a need for Homeland Security to remove a student from campus.
Follow-up: Maya Vengadasalam requested that members email any ideas they have for long-
term solutions to help make families feel comfortable. Creating a task force will allow for the
District and City to come together to do good work.
Councilmember Higgins indicated that although we cannot control what is happening in
Washington D.C., we can control what we say and how we represent ourselves as community
leaders. Resolutions are important and the community needs to hear from us.
Follow-up: Mayor Cooke requested the District’s Cultural Ambassador work with Satwinder Kaur,
Chair of the Cultural Communities Board.
Council President Boyce expressed his appreciation for the opportunity for the City and District
participate in this first forum.
Next Steps:
Council President Boyce and Derek Matheson will meet to document what was discussed,
determine what needs to be accomplished, and will send a proposal to the District. After issues
are identified, a team will be formed and meetings will be scheduled.
7. Adjournment
At 7:35 p.m., Council President Bill Boyce adjourned the meeting.
Kimberley A. Komoto, City Clerk
City of Kent
March 29, 2017
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Kent City Council Workshop April 4, 2017
Minutes Kent, Washington
Pending Approval
Page 1 of 2
Date: April 4, 2017
Time: 5 p.m.
Place: Council Chambers East/West
Attending: Bill Boyce, Council President
Tina Budell, Councilmember
Brenda Fincher, Councilmember
Dennis Higgins, Councilmember
Dana Ralph, Councilmember
Les Thomas, Councilmember
Council President Boyce opened the meeting at 5:05 p.m.
Agenda:
1. Public Works 2017 Streets Work Plan
Dave Brock, Public Works Operations and Maintenance Manager and Bill Thomas,
Street and Vegetation Manager, introduced the Public Works staff presenting the
vegetation management and work plan for the Public Works Operations and
Maintenance Division.
Scott Schroeder, Public Works Storm/Vegetation Field Supervisor, and Ryan Carroll,
Public Works Maintenance Worker, presented information regarding right-of-way
vegetation management maintenance project. Scott provided details regarding the
City’s street tree program, and sidewalk coordination program
Ryan provided details regarding the recent Lean process that was completed for the
service request program and the changes implemented to streamline the
maintenance program.
Heather McIntosh, Maintenance Worker and Joe Codiga, Drainage Vegetation Field
Supervisor, provided information on the maintenance of the City’s wetland
mitigation sites and holding ponds and the challenges when homeless camps inhibit
the maintenance of the sites.
On behalf of the Council, Council President Boyce expressed his appreciation of the
work of the Public Works Maintenance and Operations staff in helping reach the
City’s vision of being beautiful.
2. Update to Chambers Technology
Mike Carrington, Information Technology Director, presented information regarding
planned and completed updates for the Council chambers technology project. The
project consists of five components, including: in room display, audio, podium,
camera and lighting, and system improvements.
3. Fireworks Communication Plan
Kent City Council Workshop April 4, 2017
Minutes Kent, Washington
Pending Approval
Page 2 of 2
Michelle Wilmot, Communications/Public Affairs Manager, presented information on
the City’s planned communications regarding the fireworks ban.
Michelle worked with the Police and Parks Departments to come up with a plan to
communicate regularly and early that will include: a public service announcement
by Chief Ken Thomas. Information will be broadcast through TV21, social media,
movie theaters at the Kent Station, Clear Channel, Fourth of July Splash
promotional materials, and the ShoWare and Kent Commons reader boards. The
Kent School district and Puget Sound Regional Fire Authority are working in
conjunction with the City to convey information regarding the ban.
Advertising will appear in the Kent Reporter, digital signs will be located throughout
the City, and information will be presented during community meetings and during:
May 7 at the Lake Meridian neighborhood council
May 22 at the neighborhood council leadership council meeting
May 25 at the Public Works week
June 3 at the International Festival
June 2 at the Relay for life
The Council provided additional events the City should consider having the
information available.
Chief Thomas provided information regarding the enforcement plan of the Police
Department.
The meeting concluded at 6:28 p.m.
Kimberley A. Komoto
City Clerk
April 4, 2017
Kent City Council Regular Meeting April 4, 2017
Minutes Kent, Washington
Pending Approval
Page 1 of 7
Date: April 4, 2017
Time: 7 p.m.
Place: Council Chambers East/West
Attending: Suzette Cooke, Mayor
Bill Boyce, Council President
Tina Budell, Councilmember
Jim Berrios, Councilmember
Brenda Fincher, Councilmember
Dennis Higgins, Councilmember
Dana Ralph, Councilmember
Les Thomas, Councilmember
Agenda:
1. Call to Order
The meeting was called to order at 7:01 p.m., with Mayor Cooke presiding.
2. Roll Call
All councilmembers were present
3. Changes to the Agenda
None
4. Public Communications
A. Public Recognition:
None
B. Proclamation for Sikh Heritage Day:
Mayor Cooke presented the proclamation for Sikh Heritage Day to Satwinder Kaur
along with many residents.
C. Proclamation for Sexual Assault Awareness Month:
Mayor Cooke presented Carrie Burke with the proclamation for Sexual Assault
Awareness Month.
D. Proclamation for Earth Day in Kent:
Mayor Cooke presented Bryan Higgins, Parks Facilities Planning/Development
Coordinator with the Proclamation for Earth Day in Kent.
E. Spring Art Program:
Ronda Billerbeck, Program Manager, presented information regarding the recent
Spotlight on Arts program that included public performances and a series of
educational activities.
Kent City Council Regular Meeting April 4, 2017
Minutes Kent, Washington
Pending Approval
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Mark Hendrickson, Parks Program Coordinator, presented information regarding
Kent Kids Art Day that was held on March 11, 2017, at the Kent Commons. Mark
also presented information regarding the Kent Student Art Walk that was held
during March of 2017.
F. Community Events:
Council President Boyce provided information regarding upcoming events at the
ShoWare Center, including the Thunderbirds upcoming playoff games and invited
the public to attend. Council President Boyce advised that Mayor Cooke will give
her final State of the City address on April 5, 2017, at 11:30 a.m. at the ShoWare
Center.
Councilmember Fincher indicated that there are Green Kent clean-up events every
weekend in April, except the weekend of April 15th. Visit KentWA.gov for details.
Mayor Cooke requested the public visit KentWA.gov/ddi to vote for “Kent” for the
next Dick’s Drive-in to be located in the City of Kent.
Mayor Cooke advised of a hate crime forum to be held on Saturday, April 8, 2017,
from 1 – 4 p.m., at the Khalsa Gurmat School located at 16940 116th Avenue in
Renton.
G. Appointment to the Land Use and Planning Board:
Dale Hartman spoke to the council and conveyed his desire to serve on the Land
Use and Planning Board.
H. Appointment to the Kent Parks & Recreation Commission:
Kalika Carver-Cox spoke to the council and conveyed her passion for the
community and environment and her desire to serve on the commission.
I. Economic and Community Development Update:
Ben Wolters, Economic and Community Development Director, provided an update
on the information provided to Dick’s in support of Kent’s request to have the next
Dick’s Drive-in be located within the city limits of Kent.
J. Intergovernmental Reports:
Council President Boyce serves on the Sound Cities Association Policy Board. No
report.
Councilmember Budell serves on the Sound Cities Association Domestic Violence
Initiative. The next meeting is scheduled for May 18, 2017, at the Norm Maleng
Regional Justice Center.
Kent City Council Regular Meeting April 4, 2017
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Pending Approval
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Councilmember Higgins serves on the King County Regional Transit Committee. No
report. The next meeting is scheduled for April 19, 2017.
Councilmember Berrios serves on the Puget Sound Regional Council Economic
Development Board. The next meetings are scheduled for May 3 & 17th to discuss
the regional economic strategy plan.
Councilmember Ralph serves on the Sound Cities Association Board of Directors.
Kent hosted the March meeting. Meeting topics included a regional transportation
initiative, an economic development summit and an affordable housing initiative.
Councilmember Fincher’s reappointment as an alternate to the Mental Illness and
Drug Dependency Advisory Committee. Following the meeting the group toured the
Blue Origin facility. The Board attended a breakfast with the Governor and
discussed streamline sales tax mitigation dollars.
Councilmember Ralph and Chief Thomas attended the Regional Law Safety &
Justice meeting that included discussion on the heroin and opiate epidemic. King
County will work on prevention, drug take back programs, education, expansion of
treatments, and community health engagement locations.
Councilmember Fincher serves on the King Conservation District. No report. The
next meeting is scheduled for April 19, 2017.
Councilmember Fincher serves on the Mental Illness and Drug Dependency Group.
The group is focusing on evaluating the current programs.
5. Public Hearing
None
6. Public Comment
Jada Brown, a student from Kentwood High School attended tonight’s meeting and
spoke to the Council as part of a civics outreach project. She indicated that she
became a more informed resident by attending this meeting. Ms. Brown expressed
her concern and asked the Council to consider widening 132nd Ave. S.E.
Diana Kushnirchuk, a student from Kentwood High School attended tonight’s
meeting and spoke to the Council as part of a civics outreach project. She
indicated that she became more informed regarding local government by attending
this meeting.
Kent City Council Regular Meeting April 4, 2017
Minutes Kent, Washington
Pending Approval
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7. Consent Calendar
Council President Boyce moved to approve the Consent Calendar items A
through K, seconded by Councilmember Thomas
The motion passed unanimously 7-0.
A. Minutes of Previous Meetings and Workshops – Approve
The minutes of the workshop and regular council meeting of March 21, 2017, were
approved.
B. Approval of Bills
Bills received through Feb 28, 2017 and paid on Feb. 28, 2017 after auditing
by the Operations Committee on March 21, 2017 were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/28/2017 Wire Transfers 7010 - 7027 $3,545,575.64
2/28/2017 Regular Checks 711603 - 711988 $3,785,967.85
2/28/2017 Payment + $115,124.49
Void Checks ($75.00)
2/28/2017 Use Tax Payable $5,365.87
$7,451,958.85
Approval of checks issued for payroll for Feb. 16 through Feb. 28 and paid on
March 3, 2017:
Date Check Numbers Amount
3/3/2017 Checks $0.00
Voids and Reissues
3/3/2017 Advices 383025 - 383862 $1,506,494.44
$1,506,494.44
Approval of checks issued for payroll for Feb. 1 through Feb. 15 and paid on
Feb. 17, 2017:
Date Check Numbers Amount
2/17/2017 Checks $0.00
Voids and Reissues
2/17/2017 Advices 382186 - 383024 $1,491,620.55
$1,491,620.55
C. Appointment to the Land Use and Planning Board – Confirm
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Council confirmed the Mayor’s appointment of Dale Hartman to the Land Use and
Planning Board.
D. Appointment to the Kent Parks and Recreation Commission – Confirm
Council confirmed the appointment of Kalika Carver-Cox to the Kent Parks and
Recreation Commission as a Youth Member for a two-year term.
E. 2017 City Art Plan and Five Year City Art Plan 2017-2021 – Approve
Council approved the 2017 City Art Plan and Five Year City Art Plan 2017 - 2021.
F. Grant Agreement with the Department of Commerce for the Morrill
Meadows Park Renovation – Authorize
The Mayor was authorized to sign a Grant Agreement with the Washington State
Department of Commerce in the amount of $485,000 for the design and site
preparation work at Morrill Meadows and East Hill Parks, subject to final terms and
conditions acceptable to the Parks Director and City Attorney.
G. Right-of-Way at 132nd Ave. Park Property – Authorize
The Mayor was authorized to sign the Municipal Quit Claim Deed to dedicate the
east 27’ of the future 132nd Ave neighborhood park as public right-of-way, subject
to final terms and conditions acceptable to the Parks Director and City Attorney.
H. Youth Sports Facilities Grant Agreement for the Futsal Court at West
Fenwick Park – Authorize
The Mayor was authorized to sign a Grant Agreement with King County to accept
the Youth Sports Facilities Grant funds for $75,000 to help fund the installation of a
Futsal court at West Fenwick Park, subject to final terms and conditions acceptable
to the Parks Director and City Attorney.
I. Consultant Services Agreement with MacLeod Reckord, PLLC., for the
Morrill Meadows Park Construction – Authorize
The Mayor was authorized to sign a Consultant Services Agreement with MacLeod
Reckord, PLLC., in an amount not to exceed $689,837.58, to create construction
documents for the Morrill Meadows Park Renovation Project, subject to final terms
and conditions acceptable to the City Attorney and Parks Director.
J. Westview Meadow Final Plat – Approve
Council approved the final plat plan for Westview Meadow and authorize the Mayor
to sign the final plat.
K. King County Water District No. 111 Franchise Ordinance - Adopt
Ordinance No. 4241 was adopted, establishing a 10-year franchise with King County
Water District # 111, and adjust the general fund budget accordingly.
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8. Other Business
None.
9. Bids
None.
10. Reports from Standing Committees, Council and Staff
Mayor – Mayor Cooke clarified that, after the recent Puget Sound Regional Council
meeting, she decided to and voted “Yes” regarding Covington being designated as a
large city.
Mayor Cooke conveyed that she recently testified before the Finance Committee in
the House of Representatives regarding the overall revenue package as part of the
budget, and the fair market sales tax proposal.
Mayor Cooke, Councilmember Ralph, Doug Levy and Kelly Peterson spoke at the
Port of Tacoma regarding local jurisdictions being required to pay matching dollars
towards state projects.
Mayor Cooke suggested there be a committee to provide an avenue for discussion
regarding two King County proposals: “Access for All” for arts & sciences, and one
relating to housing.
Council President – Council President Boyce provided details regarding today’s
workshop topics that included the Public Works Operations and Maintenance work
plan, the Information Technology Department’s updates to the City Council
Chambers technology, and the City’s communications plan conveying the City’s
fireworks ban.
Administration – Derek Matheson, Chief Administrative Officer, advised that his
written report is in the packet, and that there will be an executive session to
discuss potential litigation and property negotiations that is expected to last 25
minutes with no action following the session.
Economic and Community Development – Council President Boyce requested
everyone vote for “Kent” to be the location for the next Dick’s Drive-In.
Operations – Councilmember Ralph advised that the next meeting will be held
April 18, 2017.
Parks and Human Services – Councilmember Fincher advised that the next
meeting will be held April 20, 2017, and encouraged everyone to participate in one
of the Green Kent Steward events in April. Councilmember Fincher also indicated
there is still an opening for an adult to serve on the Parks Commission.
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Public Safety – Councilmember Berrios advised the next meeting will be held April
11, 2017, and that the City will host a Drug Takeback Day on April 20, 2017, from
10 – 2 p.m.
Public Works – Councilmember Higgins conveyed that a representative from the
American Legion spoke to the Public Works Committee and indicated that their
business is being impacted by the fire line water charge that was adopted in 2016.
The Public Works Department is researching possible mitigation measures for non-
profits.
The Committee also discussed recent failures of the Burlington Northern crossing
equipment. Public Works staff are currently documenting the failures, installing
cameras, and erecting signs that will have the Burlington Northern telephone
number for commuters to call when an incident occurs. Staff is also in contact with
the Federal Railway Administration and Senator Cantwell’s office.
Councilmember Higgins advised that the City is seeking every opportunity to
convey the impacts of malfunctioning railway crossings to all interested parties.
Puget Sound Regional Fire Authority – Councilmember Thomas advised that he
appointed Council President Boyce to lead the search for a new Fire Chief. The next
meeting will be held on April 19, 2017, at Fire Station #78.
At 8:01 p.m., Mayor Cooke indicated the Council will go into Executive Session that
is expected to last 25 minutes with no action following the session.
11. Executive Session and Action after Executive Session
A. Potential Litigation, as per RCW 42.30.110(1)(i)
B. Property Negotiations, as per RCW 42.30.110(1)(c)
At 8:32 p.m., Mayor Cooke reconvened the meeting and advised that there will be
no action taken.
12. Adjournment
At 8:34 p.m., Mayor Cooke adjourned the meeting.
Kimberley A. Komoto
City Clerk
April 4, 2017
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Agenda Item: Consent Calendar – 7B_
TO: City Council
DATE: April 18, 2017
SUBJECT: Countywide Planning Policies – Ratification – Resolution – Adopt
SUMMARY: Initially adopted in the early 1990’s, the Countywide Planning Policies
provide a framework for Kent and other cities in King County to conduct planning
under the requirements of the Growth Management Act (GMA). According to the
established Interlocal Agreement, the Countywide Planning Policies become effective
when ratified by ordinance or resolution by at least 30 percent of the city and county
governments representing 70 percent of the population of King County. All
jurisdictions are invited to ratify amendments to the Countywide Planning Policies,
although not all proposed amendments directly affect the jurisdiction that is taking
action.
Included in the proposed amendments to the Countywide Planning Policies are three
technical amendments and one substantive amendment:
• SE 240th Street near Covington – move the Urban Growth Area (UGA) boundary
to the north margin of the right-of-way to add the road section to the UGA;
• 248th Ave SE near Enumclaw – move the UGA boundary to west margin of right-
of-way to add road section to the UGA; and
• 228th Ave SE near Enumclaw – move the UGA boundary to east margin of right-
of-way to remove the road section from the UGA.
• The one substantive amendment would retract the UGA west of the City of
Issaquah.
EXHIBITS: Resolution
RECOMMENDED BY: Economic and Community Development Committee
YEA: Boyce, Berrios, Budell NAY:
BUDGET IMPACTS: None
MOTION: Adopt Resolution No. _______ ratifying an amendment to the King
County Countywide Planning Policies to amend the Urban Growth Boundary and
Potential Annexation Area maps as adopted by the King County Council under
Ordinance 18454.
This page intentionally left blank.
1 Countywide Planning
Urban Growth - Resolution
RESOLUTION NO. ___________
A RESOLUTION of the City Council of the
City of Kent, Washington, ratifying the amendment
of the King County Countywide Planning Policies to
amend the Urban Growth Boundary and Potential
Annexation Area maps as adopted by the
Metropolitan King County Council and pursuant to
the Growth Management Act.
RECITALS
A. The adoption of countywide planning policies is required under
the State Growth Management Act (GMA), pursuant to RCW 36.70A.210.
The Countywide Planning Policies (CPPs) provide a framework for Kent and
other cities in King County to conduct planning under the requirements of
GMA. This framework ensures that city and county comprehensive plans
are consistent.
B. On February 13, 2017, the Metropolitan King County Council
approved and ratified Growth Management Planning Council (GMPC) Motion
No. 16-1, adopted by the GMPC on September 28, 2016, to approve three
technical amendments to the Urban Growth Area that involve road right-of-
way adjustments to facilitate the proper provision of services in, or
adjacent, city potential annexation areas. GMPC Motion No. 16-1 also
includes one substantive amendment to retract the Urban Growth Area
west of the City of Issaquah.
2 Countywide Planning
Urban Growth - Resolution
C. The King County Council approved and ratified the
amendments on behalf of unincorporated King County pursuant to King
County Ordinance No. 18454.
D. Now the amendments are presented to jurisdictions in King
County for ratification.
E. The Kent City Council’s Economic and Community
Development Committee reviewed the amendments at its meeting on April
10, 2017, and recommended approval to the full City Council.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. –Amendment. The City of Kent, acting pursuant to the
interlocal agreement among King County, the City of Seattle, and
incorporated suburban cities, hereby ratifies the proposed amendments to
the Countywide Planning Policies as adopted by the Metropolitan King
County Council in King County Ordinance No. 18454, attached and
incorporated hereto as Exhibit A.
SECTION 2. – Public Inspection. The amendment to the Countywide
Planning Policies adopted herein shall be filed with the City Clerk and placed
in the planning services office so they are available for inspection by the
public.
SECTION 3. – Severability. If any one or more section, subsection,
paragraph, sentence, clause or phrase of this resolution is declared
3 Countywide Planning
Urban Growth - Resolution
unconstitutional or invalid for any reason, such decision shall not affect the
validity of the remaining portion of this resolution.
SECTION 4. – Ratification. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed.
SECTION 5. – Corrections by City Clerk. Upon approval of the city
attorney, the city clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or
subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
SECTION 6. – Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the
City of Kent, Washington, this day of , 2017.
CONCURRED in by the Mayor of the City of Kent this _____ day of
__________, 2017.
SUZETTE COOKE, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
4 Countywide Planning
Urban Growth - Resolution
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
______ passed by the City Council of the City of Kent, Washington,
, 2017.
KIMBERLEY A. KOMOTO, CITY CLERK
p:\civil\resolution\countywide planning policy kc 18454.docx
King County
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March 6,2017
The Honorable Suzette Cooke
City of Kent
220-4th Avenue South
Kent, WA 98032-5895
Dear Mayor Cooke
We are pleased to fonruard for your consideration and ratification the enclosed
anlendment to the King County Countywide Planning Policies (CPP).
On February 13, 2017, the Metropolitan King County Council approved and
ratified the amendment on behalf of unincorporated King County. The ordinance
will become effective Monday, March 6,2017. Copies of the transmittal letter,
King County Council staff report, ordinance 18454 and Growth Management
Planning Council motion are enclosed to assist you in your review of this
amendment.
ln accordance with the CPP, G-1, amendments become effective when ratified
by ordinance or resolution by at least 30 percent of the city and county
governments representing 70 percent of the population of King County according
to the interlocal agreement. A city will be deemed to have ratified the CPP and
amendments unless, within 90 days of adoption by King County, the city takes
legislative action to disapprove the amendments. Please note that the 90-day
deadline for these amendments is Sunday, June 4,2017.
lf you adopt any legislation concerning this action, please send a copy of the
legislation by the close of business, Monday, June 5,2017, to Melani Pedroza,
Acting Clerk of the Council, Room 1200, King County Courthouse, 516 Third
Avenue, Seattle, WA 98104.
lf you have any questions about the amendments or ratification process, please
contact Karen Wolf, Senior Strategy and Performance Analyst, King County
Executive's Office, at 206 263-9649, or Christine Jensen, Metropolitan King
County Council Staff, at 206 477-5702.
Thank you for your prompt attention to this matter
Sincerely,
&
Joe McDermott, Chair
Metropolitan King County Council
Dow Constantine
King County Executive
Enclosures
cc: King County City Planning Directors
Sound Cities Association
Lauren Smith, Director, Regional Planning
Karen Wolf, Senior Strategy and Performance Analyst
Christine Jensen, Council Staff, Transportation, Environment and Economy
Committee (TREE)
li{¡
King County
Dow Constantine
King County Executive
401 F¡fth Avenue, Suite 800
Seattle, WA 98104-1818
206-263-960O Fax 206-296-0194
TTY Relay: 71I
www. kingcounty.gov
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Decenrber 13,2016
The Honorable Joe McDemrott
Chair, King County Council
Room 1200
COURTHOUSE
Dear Counci hnernber McDermott :
This letter transmits an ordinance that will enable King County to to arnend two maps in theKing County Countywicle Planning Policies (CPPs) thãt revise rhe Urban Growth Areabourdary, as recommencled by the Growtli Managérnent Plaming Council (GMPC.)
This ordinance transmits GMPC Motion l6-1 that was unanimously approved by the GMpCon Septernber 28,2016. The ordinance adopts and ratifies the GMpC
'rotion on behalf ofunincotporated I(ing County in accordance with Cor"rntywide planning noticf C-t.
\4otion 16-1 approves the Urban Growth Alea changes as inclucled in proposed Substituteordinance 2016-0i 5-5.2 asrecomrnendecl by the King Cor"rnty CouncilTránsportatio'
Economy ancl Environment Committee on Septemuei zo, 2016. Motion l6-i appro'es tlir.eetechnical amemclents to the Urban Gror,v-th Area that involve road right-of'-way adjustr'entsfo fàcilitate the propert provisiotr of services in, or acljacent, city poàntial a'nexation ar.eas.There amendments are:
1' SE 240th Street uear Covington - move the Urban Growth Area boundary to the northmargin of the right-of-way to add the roacl section to the Urban Growth Area;2' 24811'Ave SE near Enumclaw - nlove the t-Irban Growth Area boundary to westmatgin of right-of'-lvay to adcl road section to the Ur-ban Gr.onlh Area; áncl3' 228t1' Ave Se near Enumclaw - move the Urban Growth Area bounclary to eastmargin of right-of:way to remove the road section tì'orn the Urban Gr.orvth Area.
Motion 16-1 also approves one substantive proposal to retract the Urban Groi,r,,th Area westof the City of Issaqual"r. This change would rernove fiom lssaquah's East Co.gar potential
Amexation Area parcels that are vacarlt, have Urban Reselve zoning. laclc vehicular access,ancl are mostly encoulnberecl by steep slopes.
This ordinance integlates the goals of the King cor-urty Strategic plan by recog'izing the roleof lancl use planning in sliaping environmentaily sustainable aìrd economically"viable lutLrre
King County is an Equal Opportunitl/Afrtrnretive Actio,, Emplo¡er
and contplies wiÍh the Antericans wilh Disabítitítes Act&'æ**
The Honorable Joe McDennott
Decenrber 13,2016
Page
for all people in King county' The county's role in the GMpc fbsters tlie ethic of rvorkingtogether for "one King county" by activeiy parlicipating in r.gion al organizàiion, unaclefining King County's lole in regional issues.
There are no fìscal inrpacts to King county government as a result of adoption of thisordinance.
If you have any questions, please contact Lauren smith. Director fbr Regional plarming,office of Perfbrmance, strategy and Budget at206-263-geoa.
Sincerely,
¡Ñ-
J-Ðo*Constantine
King Cor-urty Executive
Enclosures
King County Councilmembers
ATTN: Carolyn Busch, Chief of Staff
Melani pedroza, Acting Clerk of the Councilcanie s. Cihak, chief of policy Develop're't, King county Executive officeDwight Dively. Director, office of perf'ormance, strategy and Buclget (psB)Lauren Smith, Director, Regional planning, pSB Qr -"
cc
t{¡
King County
Metropolitan K¡ng County Council:fransportation, Economy and Environment conimittee
STAFF REPORT
SUBJECT
-
Adoption of recommendations from th-e Growth Management Planning Council (GMpC)
legarding amendments to the Urban Growth Boundary (UGA) and po-tentialAnnexation
Area (PAA) maps.
SUMMARY
Proposed Ordinance 2017-0004 would amend the UGA and PM maps that are locatedin the Countywide Planning Policies (CPPs). These map updates are consistent with
tt U94 changes that were adopted in the 2016 King County Comprehensive ptàn
(KCCP).1
r Ordinance 18427
2 Motion 8733
3 RCW 36J0A.210
a Ordínance 10450
lf adopted byrthe Council, the ordinance would ratify the change on behalf of thepopulation of unincorporated King County and begin thé CPp ratifiåtion process ¡V inã
cities in King County..:.
BACKGROUND
The GMPC is a formal body comprised of elected officials from King County, Seatle,
Bellevue, other cities and towns in King County, and special purpıse distúcts. The
GMPC was created inJ992 by an interlocat agieement2'iò r".þon"e:to " prouir¡on iñthelfúashington State Growth'iManagement nci lctun) requirinircities and'cóuniË i;work together,to adopt CPFs.3' Under the GMA, the CPPs servL as ffie framework foreach local jurisdiction's comprehensive plan, which ensures countywide consistency
with respect to land use planning efforts.
As provided for in
"the interlocal agreement, the GMPC develbped and recommended
th.e'oríginaf-ÇfPs,_which were adopted by the King County Coúncita and' ratified by thecities in 1992. Subsequent amendments to the CPPé foilow the same aOoþtion
Agend4 ltem:5 Name
Proposed No.:2017-0004 Ðate:January 3tr',2017
process, which is now outlined in CPP G-1,1. and includes: recommendation by the
GMPC, adoption and ratification by tne KingrCo.unty Council, and ratification by the
cities. Amendments to the CPPs become effective when ratified by at least 30 percent
of the city and county governments representing at least 70 percent of the population of
King County. A city shall:be deemed to have ratified;an amendrnent,to the CPPs unless
the city digapproves it¡by legislative action within 90 days of adopjio¡ by{ing County.
ANALYSIS
GMPC Motion 16-1
On September 28, 2016, the GMPC unanimously adopted Motion 16-1, which is a non-
binding recommendation,to the Gounty Csuncil to amend:thè: UGA ¿¡fl pft{:,rnaps',in
the CFFs. Motion 16-1 recommends adoption of four chähges'to the UGA and PAA
maps; three of the changes are technical, and one is a reduction of the UGA adjacênt to
the City of lssaquah.6 Consistent wíth CPP adoption requirements, Proposg{
Ordinance 2017-0004 fon¡vards this GMPC recommendation to the Council for
consideration and pqssible approval. : : :: ,
Following GMPC action in September, these recommendations were informally
provided to the County Council for consideration prior to the vote on land use proposals
in the 2016 KCCP,7 which was adopted on December 5, 2016. The GMpc
recommended changes in Proposed Ordinance 2017-0004 are consistent with the
adopted ?016, KCCP. ,:
U GA Technical Correction s
Motion 16-1 incluOes tfiree technical changes to the UGA adjacent to the cities of
Covington and Enumclaw. lt recommends adjusting the UGA on SE 240th Street (Cig
of Covington),and. on,248th Avenuç,SE (City of Enurnclaw),so that the entire road fighþ
of-ways .are inside ihê. UGA. Adjqst the UGA qn 228th Ave SE (City of Enumclaw) so
that the entire ioad right-of-way is outside the UGA. The intent of these changes is to
clarify long-term maintenance activities for these roadways consistent with the
surrounding land uses, as allowed by KCCP policy T-211. lt would also allow.the cities
to incorporate the portion of the roadways that are being moved into the UGA.
5 2012 King County Countywide Planning Policies, as amended
Eq, t Cougar Mounlain UGA Contraction,
Motion 16-1 also includes a proposal to reduce the UGA in the East Cougar Mountain
area adjacent to the City of lssaquah. This item Was requçsted þy the City of,lssaggqh
during.the 2016 KC.CP up{ate.pr,ocess. The City's proposal,waå to re¡nôve alt oithe
776-acre East Gouga¡: Mountain,area frpm their Pl\A,'as the City is no longer interested
in annexing the areä.
The recommendg.d map change would remove a por:tign of the area, 24 pa'rcels totaling.
]88 acres, from.the UGA and rqdesignate the land as l:ural. Rernoving,these parcelç
from the UGA was ¡sçemmended based on the limited access to thig arãa, the d'ifficulty
of providing an urban level of services, and the òurrent undeveloped nature of the
6 Maps of the proposed cha
7 Consistent with KCCP pol
nges are included in Attachment A to Proposed Ordinance 201
icy RP-106
parcels. ln practical terms, this change would have little effect on density as both the
current urban zoning8 and future rural zoninge of these parcels only allow one dwelling
unit per five acres.
The remaining 588 acres were not recommended for removal from the UGA at this time.
The reasoning provided for this was: 1) the properties are already at an urban-level
density, which would cause a discrepancy between potential future rural-level zoning;
and 2) it would create a permanent rural-service island that County service providers
could only access by traversing through a city. lt is anticipated that there will be
continued discussions with the City regarding its request to remove the remainder of the
area frop the UGA. lf desired, additional changes could be considered as part of the
County's next major update of the KCCP.10
Council Consideration
The GMPC recommended map changes meet the requirements for amendments to the
UGA as outlined in the CPPs.11 lf Proposed Ordinance 2017-0004 is adopted by the
Council, it would ratify the change on behalf of the population of unincorporated King
County and begin the ratification process by the cities. lf the map changes are not
adopted by the County and/or ratified by the cities, the 2016 KCCP would be
inconsistent with the CPPs and may require future attention.
There is no deadline for Council action on the proposed map updates
ATTACHMENTS
1. Proposed Ordinance 2017-0004 (and its attachments)
2. Transmittal Letter
3. Fiscal Note
INVITED
. Karen Wolf, Senior Policy Analyst, Office of Performanıe, Strategy and Budget
I Urban Reserve (UR)
s RuralArea-5 (RA-s)
10 Currently scheduled to occur in 2020
11DP-14, DP-15, DP-16, and DP-17
ù KING COUNTY 1 200 King County Courrhouse
516'l'hird Âvenue
Seattlc, WA 98t04
KlngCounty
Signature Report
February 13,2017
Ordinance 18454
Proposed No.2017-0004.1 Sponsors Dembowski
1 AN ORDINANCE adopting and ratifying Growth
2 Management planning Council Motion 16_1.
3 BE IT ORDAINED BY THE COLINCIL OF KING COI,INTY:
4 SECTION l. Findings:
5 A- Growth Management Planning Courcil Motion 16-1 recommends that Urban
6 Growth Area Map and the Potential Annexation Area Map in the2012 King County
7 Countywide Planning Policies be amended as depictecl on the maps attached to Motion
I 16-1.
9 B. On September 28, 2016,the Growth Management Planrîing Council
10 unanimously adopted Motion l6- I , which recommends that the ZLI2King County
n Countywide Planning Policies be amended to adjust the Urban Growth Area boundary for
rz three technical amendments that involve road right-of-way adjustments and one
L3 substantive amendment to contract the Urban Growth Area boundary fi.om the city of
t4 Issaquah's Potential Annexation Area at East cougar Mountain
15 SECTION 2. The amendments to the 2012 King County Countywide planning
MI
1
L6
t7
18
Ordinance 18454
Policies, as shown in Attachment A to this ordinance, are hereby adopted by King County
and ratified on behalf of the population of unincorporated King county.
Ordinance 18454 was introduced on lll7l20I7 and passed by the Metropolitan KingCounty Council on2113/2017, by tlie following voté:
Yes: 9 - Mr. von Reichbauer, Mr. Gossett, Ms. Lambert, Mr. Dunn,
Mr. McDermott, Mr. Dernbowski, Mr. upthegrove, Ms. Kohl-'welles
and Ms. Balducci
No:0
Excused: 0
KING COTJNTY COUNCIL
KING COLTNTY, WASHINGTON
Chair
ATTEST:
Melani Pedroza, Acting Clerk the Coi.rncil
J r\J'Ç
APPRovED,ht, -2LlL;y or Frrôr t r¿rtJ 2017
County Executive
Attachments: A. GMPC Motion No. l6-l
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the King L-outtty 1'ranspr-,'ri.atiln . Ucoltottt¡.'. ancl lnvi¡uttntenl Conllt¡ittee; and
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and l--invirc:nnrcnt Comrnittec Ieceirnnren<Jed tl-:e {illlorving *meniltnents 1,-¡ llre LJI'iran
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ATTACHMENTS
Maps to Be Amended (with technical fixes to titles. as noted below)
Urban Growth AreL Boundary - tou¡t$vrde
Ptanninq Policies.
Potential Annexation Areas-- Countywide Planning Policies g€tebe+
#=Ssplçnobcr20l6
For Reference - Detailed Site Maps Showing Specific Amendments to Urban Growth
Area Boundary. as well as Amendment to East Cougar Potential Annexation Area
Urban Growth Area Contraction and Revision to Potential Annexation Area - East
Cougar Mountain
Urban Growth Area Technical Amendment - SE 240th Street
Urban Growth Area Technical Amendment - 248th Ave SE
Urban Growth Area Technical Amendment - 228th Ave SE
Maps to Be Amended (with technicalftxes to titles. as n
Note: Call out boxes to be retnovedþllowing adoption by GMPC
Urban Growth ArcL Boundary - Countvwide Plannin
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Urıan Grqwlh Arga
Rurêl Area \fl rhscounty/\r Urbê4 G¡owth ar€a Bç[nd€ry I Fd,sl prodoclrên Þ¡ctrJctÊ l¡øpqaled City
¡ Rtral lM çent€tr Agdcrilural Producriø ÞlatÍcrr i.],--,j l¡unt"¡pal ì¡lateEhad6
O Urbfi cånt€rs f Oæn Slace lñbsl Lând¡k¡¿¡: ltr lø üll t *
Maps to Be Amended (with technical fixes to titles. as noted below)
Note: Call out boxes Ío be removedfollowing adoption by GMPC
PotentialAnnexationAreas:CounfywidePlanningPolicies
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This page intentionally left blank.
Agenda Item: Consent Calendar – 7C_
TO: City Council
DATE: April 18, 2017
SUBJECT: SR 516 to S 231st Way Levee Improvements – Russell Road Upper
Levee South Reach – Accept as Complete
SUMMARY: The SR 516 to S. 231st Way Levee Russell Road Upper Levee – South
Reach project included the construction of a secondary earthen levee along the Green
River landward of the existing levee north of the James Street/Russell Road
Intersection in Kent. The project took place along a portion of the Green River Trail
adjacent to the Lakes Community multi-family development. The new levee is
approximately 1,600 linear feet of specific levee fill material with a crushed rock
surface on top and topsoil and grass on the side slopes. The project also included
construction of a new drainage system, and a joint utility trench that relocated
overhead power and communication lines underground.
The work was part of the city of Kent and King County Flood Control District’s efforts
to improve levees to standards that exceed FEMA accreditation criteria.
The contract bid amount was $2,050,407.87 the final cost for this project was
$1,631,137.18.
EXHIBITS: None
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: Costs associated with this project were paid through the King
County Flood Control District.
MOTION: Authorize the Mayor to accept the SR 516 to S 231st Way Russell
Road Upper Levee South Reach Levee Improvements Project as complete
and release retainage to SCI Infrastructure, LLC., upon receipt of standard
releases from the state and the release of any liens.
This page intentionally left blank.
Agenda Item: Consent Calendar – 7D_
TO: City Council
DATE: April 18, 2017
SUBJECT: Lease Agreement with King County Puget Sound Emergency Radio
Network (PSERN) - Authorize
SUMMARY: King County is requesting authorization to install wireless
communications facilities at the 3.5 Million Tank site located at 12523 SE 286th Place
for the Puget Sound Emergency Radio Network to eventually provide service in King
County. The obligation for King County to pay rent will commence when construction
of the improvements begins the premises, and will be $4,320.00 per lease year. Rent
will increase by 15% of the then-current rental rate on each successive five-year
anniversary of the first full lease year. The term of this Lease will be for a period of
25 years.
EXHIBITS: Lease Agreement, Memorandum of Lease, PSERN Frequently Asked
Questions
RECOMMENDED BY: Public Works Committee
YEA: Ralph, Fincher, Higgins NAY:
BUDGET IMPACT: There is no budget impact to the water utility.
MOTION: Authorize the Mayor to enter into a Lease Agreement with King
County to construct, operate and maintain a wireless communication
facility at the 3.5 Million Tank site for the Puget Sound Emergency Radio
Network (“PSERN”) subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
This page intentionally left blank.
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 1 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
LEASE AGREEMENT
THIS LEASE AGREEMENT (“Lease”) is entered into as of the Effective Date (as
defined below), by and between the CITY OF KENT, a Washington municipal corporation
("Landlord"), and KING COUNTY, a political subdivision of the State of Washington,
having offices for the transaction of business at 500 Fourth Avenue, Suite 830, Seattle,
Washington 98104 (“Tenant"), for a wireless communications facility located at 12523
Southeast 286th Place, Auburn, Washington (“Joint Use 3.5 Million Tank”).
BACKGROUND
A. Landlord is the owner in fee simple of a parcel of land, and a one hundred
sixty foot (160’) lattice tower (the “Tower”), located in the City of Auburn, King County,
Washington, legally described on the attached Exhibit A (the “Property”).
B. Tenant desires to lease that portion of the Property and space on the Tower
as depicted on the attached Exhibit B, together with a nonexclusive access easement, as
described on the attached Exhibit C, to construct, operate and maintain a communication
facility and associated equipment and improvements, as well as to obtain the right from
Landlord to access the property and install utilities in conjunction therewith.
C. Tenant plans to fund, procure sites for such communication facilities, and
along with other municipalities in King County establish the Puget Sound Emergency Radio
Network (the “PSERN System”) to eventually provide service in King County as authorized
by Proposition 1 and King County Ordinances 17993, 18074 and 18075.
D. Accordingly, the parties are entering into this Lease on the terms and
conditions set forth below.
AGREEMENT
In consideration of their mutual covenants, the parties agree as follows:
1. Leased Premises. Landlord leases to Tenant and Tenant leases from
Landlord that portion of the Property and space on the Tower as depicted on the
attached Exhibit B (the “Premises”) together with a non-exclusive easement for ingress,
egress and utilities over the Property as depicted on Exhibit B and described on the
attached Exhibit C (the “Access Easement”). In addition to the Premises, Landlord hereby
grants Tenant temporary access to additional space near the Premises for staging purposes
during Tenant’s construction activities, in location(s) to be agreed upon by the parties.
This Lease is not a franchise nor is it a permit to use the City of Kent's rights-of-
way. Any franchise or permit must be obtained separately from Landlord.
2. Term. The term of this Lease shall be for a period of twenty-five (25) years,
commencing on the Rent Commencement Date, as defined in Section 3.a below, and
terminating on the last day of the month prior to the twenty-fifth anniversary of the Rent
Commencement Date (“Term”).
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 2 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
3. Rent.
a. Tenant’s obligation to pay rent under this Lease shall commence upon
the date Tenant commences construction of the Improvements, as defined in Section 4
below, on the Premises (the “Rent Commencement Date”). The parties agree that they shall
acknowledge in writing the Rent Commencement Date as follows: Tenant shall notify
Landlord in writing of the date it commences construction of the Improvements on the
Premises and within ten (10) business days of receipt thereof, Landlord’s authorized
representative shall acknowledge such date in writing as the Rent Commencement Date and
return such signed written instrument to Tenant.
b. As used herein, a “lease year” shall be January 1st through December
31st during the Term of this Lease. Rent shall be Four Thousand Three Hundred Twenty and
No/100 Dollars ($4,320.00) per lease year (“Rent”), payable in advance. Rent shall be
payable as follows: Rent for the first partial lease year (from the Rent Commencement Date
until the next December 31st) shall be delivered to Landlord within forty-five (45) days after
the date Tenant receives Landlord’s written acknowledgement confirming the Rent
Commencement Date. Thereafter, Rent shall be paid to Landlord annually in advance, on or
before January 1st of each lease year until the Lease expires or is terminated; provided that
if the first full lease year will commence prior to the due date of Rent for the first partial
lease year, then the Rent for the first full lease year shall also be due and payable within
forty-five (45) days after the date Tenant receives Landlord’s written acknowledgment
confirming the Rent Commencement Date. Rent for partial lease years shall be prorated and
if Rent is ever overpaid it shall be either refunded or applied to future payments at Tenant’s
discretion.
c. All Rent payments shall be mailed to: City of Kent, 220 Fourth
Avenue South, Kent, Washington 98032, Attention: Facilities Superintendent.
d. Tenant shall pay Landlord a late payment charge equal to five percent
(5%) of the Rent for any payment not paid within thirty (30) days of when due. In
addition, any amounts not paid when due shall bear interest from the date due until paid at
the rate of one percent (1%) per month.
e. Rent shall increase by fifteen percent (15%) of the then-current rental
rate on each successive five (5) year anniversary of the first full lease year after the Rent
Commencement Date. For example purposes only, if the Rent Commencement Date is June
23, 2017, and the first full lease year thereafter commences on January 1, 2018, then on
January 1, 2023, Rent shall be increased to $4,968/year; on January 1, 2028, Rent shall be
increased to $5,713.20/year; and on January 1, 2033, Rent shall be increase to
$6,570.18/year; and so on, during the Term of this Lease.
f. Rent, and all other consideration to be paid or provided by Tenant to
Landlord shall constitute Rent and shall be paid or provided without offset, except as
specifically provided for in Section 3.g below.
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 3 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
g. Notwithstanding anything to the contrary contained in this Lease, in
consideration of Lessee’s lease of Shelter space to Lessor, as more specifically defined and
provided for in Section 5.a(4) herein below, Lessor agrees to waive Lessee’s obligation to
pay Rent from the Rent Commencement Date until the first anniversary of the Rent
Commencement Date.
4. Use of Premises.
a. Tenant may use the Premises for the construction, installation,
operation, maintenance, repair, replacement, upgrade, update, addition, modification and
removal of the communications facilities, and associated equipment and improvements,
generally depicted on Exhibit B and described on the attached Exhibit D (collectively, the
“Improvements”) for the PSERN System as it is presently designed or may hereinafter be
modified or changed (“Permitted Use”). Tenant shall use the Premises for no other purpose.
b. Prior to performing any installation or construction work within the
Premises, Tenant shall secure all necessary federal, state and local licenses, permits, and
approvals for the Permitted Use (collectively referred to hereinafter as “Government
Approvals”) at its sole expense. Landlord hereby authorizes Tenant to make and sign, as
Landlord’s agent, any and all applications and/or submissions necessary to obtain all
Government Approvals from all applicable governmental and/or regulatory entities required
for the Permitted Use of the Improvements within the Premises. Landlord agrees to
reasonably assist Tenant with such applications and with obtaining and maintaining the
Government Approvals.
c. Tenant has the right to obtain a title report or commitment for a
leasehold title policy from a title insurance company of its choice and to have the Property
surveyed by a surveyor of its choice. Tenant may also perform and obtain, at Tenant’s
sole cost and expense, soil borings, percolation tests, engineering procedures,
environmental investigation or other tests or reports on, over, and under the Property,
necessary to determine if Tenant’s use of the Premises will be compatible with Tenant’s
engineering specifications, system, design, operations or Government Approvals. Before
performing any of the work described in this Section 4.c, Tenant must receive prior e-
mailed approval from Landlord’s Public Works Director or authorized representative.
5. Tenant Improvements.
a. (1) Tenant may improve the Premises by constructing the
Improvements as depicted on Exhibit B. Tenant is responsible to provide all labor,
materials, and equipment necessary for the Improvements. Prior to commencing
construction, Tenant shall submit plans and specifications drawn to scale for all
Improvements to Landlord for Landlord’s written approval, which approval shall not be
unreasonably withheld by Landlord. Construction, installation, or alteration of
Improvements shall not be commenced until plans for such work have been approved in
writing by the Landlord and all necessary permits have been properly issued. Landlord’s
Public Works Department shall give such approval or provide Tenant with its requests
for changes within thirty (30) business days of Landlord's receipt of Tenant’s work
plans. The plan and specifications review schedule described above does not apply to
the City of Kent acting as a governmental entity issuing permits and other approvals
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 4 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
for the work Tenant is requesting to perform, and Tenant shall pay all permit costs
in addition to Rent described in Section 3.
(2) After the initial installation of the Improvements, Tenant shall
obtain Landlord’s written consent prior to making any material changes in the exterior
appearance, size or design of the Improvements on the Property (including the antennas
on the Tower), the location or size of the Premises, and trenching on the Property, which
consent shall not be unreasonably withheld, delayed or conditioned. After the initial
installation of the Improvements, except as provided herein above, Landlord’s consent
shall not be required for any installation, maintenance, repair, replacement, addition,
removal, update or upgrade of any of the Improvements or utilities located within the
Premises or Access Easement.
(3) Tenant shall consult with Landlord to arrange a time it will
conduct construction of any Improvements that require Landlord’s prior written consent.
Tenant agrees to adhere to the pre-arranged schedule for construction of Improvements.
(4) As part of the Improvements, Tenant intends to construct an
equipment shelter on the Premises (the “Shelter”). Upon completion of the Shelter,
Tenant shall remove all debris left from the construction and installation of the
Shelter at Tenant’s own cost. Tenant hereby agrees to lease to Landlord, on terms and
conditions mutually acceptable to both parties, space within the Shelter for Landlord’s
future installation and operation of Landlord’s radio equipment. Such leased space shall
include approximately one hundred (100) square feet of floor space, and use of Tenant’s
electrical power and back-up emergency power for Landlord’s radio equipment, free of
rent; provided that Landlord shall at all times be solely responsible, at its sole expense, for
installation, operation, maintenance and repair of its radio equipment within the Shelter.
The rights granted to Landlord in this Section are not transferable or assignable without
Tenant’s prior written consent, in Tenant’s sole discretion.
b. (1) Unless the parties otherwise agree in writing, Tenant shall
remove the Improvements from the Premises upon termination of the Lease. Such
removal shall be done in a workmanlike and careful manner and without interference or
damage to any other equipment, structures or operations on the Property, including use
of the Property by Other Providers as described in Section 6.a below, Landlord, or any of
Landlord’s assignees.
(2) Upon removal of the Improvements, as provided above in
Section 5.b(1), Tenant shall restore all affected areas of the Property, the Premises and
the Access Easement, normal wear and tear excluded, to the reasonable satisfaction
of Landlord.
(3) All costs and expenses for the removal of the Improvements and
restoration of the Property, the Premises and the Access Easement shall be borne by
Tenant, and Tenant shall hold Landlord harmless from any portion thereof.
(4) Notwithstanding anything to the contrary contained in this Lease,
if Landlord’s radio equipment has been installed and remains in the Shelter in accordance
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 5 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
with the terms of Section 5.a(4) herein above, then upon the expiration of this Lease,
including all extensions, the Shelter will remain on the Property and become Landlord’s
personal property, “as is, where is,” without any representations or warranties, and without
the need for any additional documentation for the transfer of ownership thereof.
6. Use by Other Providers.
a. Tenant shall cooperate with each new other communications provider
that Landlord leases to (“Other Provider(s)”) in connection with the Other Provider
locating and placing its antennae and other facilities on the Property, including but not
limited to use of space on the Tower.
b. Each new Other Provider shall be solely responsible for the cost of
locating and placing its equipment on the Property. The Other Provider shall also be
responsible for any liabilities that arise from the Other Provider’s use of the Property.
7. Net Lease. Landlord shall not be required to make any expenditures of any
kind in connection with this Lease or to make any repairs or improvements to the
Premises, with the exception that Landlord is solely responsible for the maintenance of the
Tower and Access Easement, unless the Tower and/or Access Easement are damaged by
Tenant or Tenant’s agents, employees, licensees or contractors. The parties agree that
this is a net Lease intended to assure Landlord the Rent on an absolute net basis.
8. Maintenance.
a. Tenant shall, at its own expense, maintain the Premises (less
reasonable wear and tear or loss by casualty or other causes beyond Tenant’s reasonable
control), and all of Tenant’s Improvements, equipment and other personal property on
the Premises in good working order, condition and repair. Tenant shall keep the Premises
free of debris and anything of a dangerous, noxious or offensive nature or which would
create a hazard or undue vibration, heat, noise or interference thereon. Tenant shall
remove graffiti at its own cost within fifteen (15) calendar days of receipt of written
notice to remove by Landlord. Landlord may remove graffiti, at its own cost, without
notice to Tenant. Tenant shall install, maintain, and replace, when necessary, all
landscaping described in Exhibit D, at Tenant’s sole expense and in accordance with any
necessary City of Kent permits. The use of herbicides or insecticides by Tenant on
the Premises is strictly prohibited. The Landlord agrees to maintain its Tower at all
times during the Term of this Lease in such a manner so that the Tower meets the Class
III Structural Classification defined in ANSI/TIA-222-G, or at the then-current standards
for use by emergency, rescue or disaster operations.
b. Notwithstanding anything to the contrary contained in this Lease,
Landlord shall not maintain, repair or otherwise touch or interfere with Tenant’s
Improvements without Tenant’s prior written consent; provided that, in the event of an
emergency posing an imminent threat of bodily injury or property damage, Landlord may
take action necessary to abate the threat and shall give Tenant notice of such actions
taken as soon as is reasonably possible thereafter.
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 6 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
9. Access. Landlord and its agents shall have the right to enter the
Premises at all reasonable times, upon not less than two (2) business days prior e-mailed
notice to Tenant’s authorized representative, so that Tenant may accompany Landlord, to
examine and inspect the Premises; provided, however, that in no event will Landlord, its
employees, agents or contractors remove, relocate, alter, modify or otherwise tamper
with Tenant’s Improvements. Tenant shall have 24-hours-a-day, 7-days-a-week access
to the Premises, including by foot, motor vehicle or by air over or along the Access
Easement generally depicted in Exhibit B.
10. Utilities. Tenant shall, at its expense, separately meter charges for the
consumption of electricity and other utilities associated with its use of the Premises and
shall timely pay all costs associated therewith.
11. License Fees. Tenant shall pay, as they become due and payable, all fees,
charges, taxes and expenses required for licenses and/or permits required for or
occasioned by Tenant's use of the Premises and Access Easement.
12. Approvals; Compliance with Laws. Tenant's use of the Premises and
Access Easement is contingent upon its obtaining all certificates, permits, zoning, and
other approvals that may be required by any federal, state or local authority. Tenant
shall erect, maintain and operate the Improvements in accordance with all applicable
communication site standards, statutes, ordinances, rules and regulations now in effect
or that may be issued thereafter by the Federal Communications Commission (“FCC”),
or other federal or state governmental agency.
13. Interference.
a. Tenant's installation, operation, and maintenance of the Improvements
shall not damage or interfere in any way with Landlord's activities on the Property.
Landlord shall be the sole judge of interference caused to the Landlord’s radio
frequency (“RF”) transmissions and receptions on the Tower; provided Landlord
shall make all determinations regarding the cause of any such RF interference
based on independent review by experts in the field of RF interference . Tenant
agrees to correct, within thirty (30) calendar days of receipt of written notice of
interference from Landlord, all such actions that materially interfere with Landlord's use
of the Property. Tenant agrees to promptly commence good faith efforts to cure
interference upon actual notice of such interference. If the interference cannot be
corrected without Tenant’s wireless signal coverage goals from the Premises being
materially impaired, Tenant shall have the right to terminate the Lease.
b. Before approving the placement of the Improvements, Landlord may
obtain, at Tenant's expense, an interference study indicating whether Tenant's intended
use will interfere with any existing communications facilities on the Property.
c. In the event that an Other Provider requests a lease from Landlord to
place any type of antennae or transmission facility on the Property, excluding the Premises,
Landlord shall submit a proposal complete with all technical specifications reasonably
requested by Tenant to Tenant for review for noninterference; however, Landlord shall not
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 7 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
be required to provide Tenant with any specifications or information claimed to be of a
proprietary nature by any third party. The Other Provider shall be responsible for the
reasonable cost of preparing the technical specifications for its proposed transmission
facility. Tenant shall have forty-five (45) calendar days following receipt of said proposal
to make any objections thereto, and failure to make any objection within this forty-five
(45) day period shall be deemed consent by Tenant to the installation of antennae or
transmission facilities pursuant to said proposal. If Tenant gives notice of objection due to
interference during this forty-five (45) day period and Tenant's objections are verified by
Landlord to be valid, then Landlord shall not proceed with such proposal unless the
Other Provider modifies the proposal in a manner determined, in Landlord’s
reasonable judgment, to adequately eliminate reasonable interference concerns
asserted by Tenant. In that case, Landlord may proceed with the proposal. In the event
the Other Provider actually interferes with the operations of Tenant, Landlord shall make
good faith efforts to have the Other Provider cease operation until the interference can
be eliminated. A governmental unit may be allowed to place antennae or other
communications facilities on the Property, excluding the Premises, as long as there is no
interference with Tenant's use.
14. Default. It shall be a default if:
a. Tenant defaults in the payment of Rent or any other sums payable
to Landlord when due, and does not cure such default within thirty (30) calendar
days after written notice of default is received by Tenant;
b. Tenant removes its Improvements on the Premises for a period
longer than six (6) consecutive months and fails to replace them during such time period;
c. Tenant fails, at any time during this Lease (including optional
renewal periods), to conform or comply with any local land use, regulatory, or
building permit conditions issued by the City of Kent in connection with the
construction, operation, or maintenance of Tenant’s Improvements contemplated in this
Lease, and such failure is not cured within thirty (30) days after receipt of written notice;
provided, however, that Tenant will not be in default under this subsection if it begins to
cure the alleged failure within the thirty (30) day period and thereafter diligently
prosecutes the cure to completion;
d. Tenant is finally adjudicated as bankrupt or makes any assignment for
the benefit of creditors;
e. Tenant becomes insolvent;
f. Either party defaults in the performance of any other covenant or
condition of this Lease and does not cure such other default within thirty (30) calendar
days after written notice from the non-defaulting party specifying the default at issue;
provided, however, that neither party will be in non-monetary default under this subsection
if it begins to cure the alleged default within the thirty (30) day period and thereafter
diligently prosecutes the cure to completion; or
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 8 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
g. Tenant fails at any time to maintain insurance as required in Section 22
of this Lease and the attached Exhibit E and such failure is not cured within fifteen (15)
days following Tenant’s receipt of written notice of such failure.
15. Possession. If Landlord terminates this Lease in the event of any uncured
default of this Lease by Tenant, the Landlord shall have the right to take exclusive
possession of the Shelter.
16. Cure by Non-Defaulting Party. In the event of any uncured default of this
Lease, the non-defaulting party may, at any time after the specified notice period has run,
cure the default for the account of and at the expense of the defaulting party. If the
non-defaulting party is compelled to pay or elects to pay any sum of money or to do
any act that will require the payment of any sum of money or is compelled to incur
any expense, including reasonable attorney fees in instituting, prosecuting or
defending any action to enforce the non-defaulting party’s rights under this Lease, the
sums so paid, with all interest, costs and damages shall be due from the defaulting party
within thirty (30) days following the defaulting party’s receipt of an invoice together with
reasonable supporting documentation evidencing such sums and expense. If the
defaulting party disputes the appropriateness of the interest, costs and damages in good
faith, the defaulting party will pay such interest, costs and damages “under protest”. Any
payment under protest shall not be considered an admission of liability or a waiver of
rights under this Lease, and such payment shall be subject to refund if the defaulting
party’s position is upheld by a court of competent jurisdiction.
17. Optional Termination. Except for instances of default as set forth in
Section 14, this Lease may be terminated (a) by Tenant if it is unable to obtain or
maintain any license, permit, or other Governmental Approval necessary for the
construction and/or operation of Tenant's business under this Lease or Tenant, in its
sole discretion, determines that the use of the Premises is obsolete or unnecessary; or
(b) if Tenant or Tenant’s vendor of the PSERN System determines that, for technical, design,
interference, environmental, economic or title reasons, the Premises are not necessary or
suitable for the operation of the PSERN System or the use described in this Lease; (c) by
Landlord upon eighteen (18) months’ prior written notice to Tenant, if Landlord decides,
in its sole discretion for any reason, to discontinue use of the Premises for municipal or
public purposes; (d) by Landlord or Tenant if there is a determination made pursuant to
an official un-appealable order of the FCC that continued use of the Premises by Tenant is
in fact a threat to public health, safety or welfare that cannot be remediated; (e) by
Landlord if Tenant’s use of the Premises violates applicable laws or ordinances; or (f) by
Landlord if Tenant loses its license to provide service for any reason, including, but not
limited to, non-renewal, expiration, or cancellation of its license.
18. Termination; Notice. Except as otherwise provided above in Section 17(c),
any notice of termination pursuant to Section 17 shall be given to the other party in
writing at least thirty (30) calendar days prior to the termination date in accordance with
the provision of Section 27.
19. Damage or Destruction. If Tenant’s Improvements or any portion thereof
are destroyed or damaged so as to materially hinder effective use of the Premises
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 9 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon
thirty (30) calendar days' written notice to Landlord. In such event, Tenant shall promptly
remove all Improvements from the Premises as set forth in Section 5(b) above. This
Lease (and Tenant’s obligation to pay Rent) shall terminate upon Tenant’s fulfillment of
the obligations set forth in the preceding sentence, at which termination Tenant shall be
entitled to the prorated reimbursement of any Rent prepaid by Tenant. If the Tenant
believes it is feasible to relocate the Improvements to a different location on the Property,
the parties agree that the Premises will be relocated. Landlord will provide an interim site
for Tenant to locate temporary, mobile communications facilities and equipment as
necessary to continue service during repair or relocation of the Premises or Improvements. A
survey will be prepared for the relocated Premises (including access and utility easements)
and the survey will replace Exhibit B attached hereto.
20. Condemnation. In the event the Premises are taken by eminent domain,
this Lease shall terminate as of the date title to the Premises vests in the condemning
authority. In the event a portion of the Premises is taken by eminent domain, either
party shall have the right to terminate this Lease as of said date of title transfer, by
giving thirty (30) calendar days’ written notice to the other party. If it is feasible to
relocate the Improvements to a different location on the Property without any impairment to
the quality of service provided by the Improvements, the parties agree that the Premises will
be relocated. A survey will be prepared for the relocated Premises (including access and
utility easements) at Landlord’s expense, and the survey will replace Exhibit B attached
hereto. In the event of any taking under the power of eminent domain, Tenant
shall not be entitled to any portion of the reward paid for the taking and Landlord shall
receive full amount of such award. Tenant hereby expressly waives any right or claim
to any portion of all damage awards, whether awarded as compensation for diminution in
value of the leasehold or the fee of the Premises. Tenant shall have the right to claim
and recover from the condemning authority, but not from Landlord, such
compensation as may be separately awarded or recoverable by Tenant on account of any
and all damage to Tenant's business and any costs or expenses incurred by Tenant in
moving/removing its equipment, personal property, and Improvements.
21. Indemnity.
a. Disclaimer of Liability: Except for the negligence or willful misconduct
of Landlord, Landlord shall not at any time be liable for injury or damage occurring
to any person or property from any cause whatsoever arising out of Tenant's
construction, maintenance, repair, use, operation, condition or dismantling of the
Property, the Premises, the Access Easement, and any Improvements made by Tenant.
b. Indemnification: Tenant agrees to indemnify and hold Landlord
harmless as provided herein to the maximum extent possible under law. Accordingly,
Tenant agrees for itself, its successors, and assigns, to defend, indemnify, and hold
harmless Landlord, its appointed and elected officials, and employees from and against
liability for all claims, demands, suits, causes of action, judgments, damages, costs,
attorney fees, government orders, penalties, or other requirements (collectively,
“Claims”), including costs of defense thereof for injury to persons, death, or property
damage which is caused by or arises out of Tenant's exercise of rights and privileges
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 10 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
granted by this Lease, except to the extent of the Landlord's negligence and willful
misconduct.
Landlord agrees to indemnify and hold Tenant harmless as provided herein to
the maximum extent possible under law. Accordingly, the Landlord agrees for itself, its
successors, and assigns, to defend, indemnify, and hold harmless Tenant, its appointed
and elected officials, and employees from and against liability for all Claims, including
costs of defense thereof for injury to persons, death, or property damage which is caused
by or arises out of Landlord’s exercise of rights and privileges granted by this Lease,
except to the extent of the Tenant’s negligence and willful misconduct.
c. Assumption of Risk: Tenant undertakes and assumes for its
officers, agents, affiliates, contractors and subcontractors and employees all risk of
dangerous conditions, if any, on or about the Property, the Premises and the Access
Easement. Tenant's assumption of risk shall not apply: (i) to any latent defects or
other dangerous situations, if Landlord knows or should know that defect or situation
exists but has not disclosed that information to Tenant, or (2) to any dangerous conditions
arising from Landlord’s negligence or willful misconduct.
22. Insurance. Tenant agrees to comply with the insurance requirements of
Exhibit E at all times during the Term of this Lease. Any payment of deductible or
self-insured retention shall be the sole responsibility of the Tenant.
23. Hazardous Substance Indemnification. Tenant represents and warrants that
its use of the Premises and Access Easement will not result in the negligent or
intentional introduction, storage, disposal, or transport over the Premises and Access
Easement of any hazardous substance in violation of any federal or state law.
Tenant further agrees to hold Landlord harmless from and indemnify Landlord against
any release of any such hazardous substance introduced by Tenant and any damage,
loss, or expense or liability resulting from such release, including all reasonable
attorneys' fees, costs and penalties incurred as a result thereof, except any release
caused by the negligence or willful misconduct of Landlord, its employees or agents.
Similarly, Landlord warrants that the Premises and Access Easement are free of any
hazardous substances and agrees to indemnify and hold Tenant harmless from the
Landlord's negligent or intentional introduction of any hazardous substance on the
Property. "Hazardous substance" shall be interpreted broadly to mean any substance or
material defined or designated as hazardous or toxic waste, hazardous or toxic material,
hazardous or toxic or radioactive substance, or other similar term by any federal, state
or local environmental law, regulation or rule presently in effect or promulgated in
the future, as such laws, regulations or rules may be amended from time to time;
and it shall be interpreted to include, but not be limited to, any substance which
after release into the environment will or may reasonably be anticipated to cause
sickness, death or disease.
24. Holding Over. Any holding over after the expiration of the Term of this Lease,
with the consent of the Landlord, shall be construed to be a tenancy from month to
month and rent shall be paid by Tenant at one hundred twenty-five percent (125%) of the
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 11 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
monthly proration of the annual Rent in effect upon the expiration of the Lease, but shall
otherwise be on the same terms and conditions herein specified, so far as applicable.
25. Acceptance of Premises. With the exception of latent defects and any
hazardous substance contamination existing prior to the Rent Commencement Date, by
taking possession of the Premises, Tenant accepts the Premises and Access Easement
“AS-IS,” in the condition existing as of the Rent Commencement Date. Landlord makes
no representation or warranty with respect to the condition of the Premises or Access
Easement, or their fitness for any of Tenant’s intended uses thereof.
26. Estoppel Certificate. Tenant shall, at any time and from time to time upon
not less than thirty (30) calendar days’ prior request by Landlord, deliver to Landlord a
statement in writing certifying that (a) the Lease is unmodified and in full force (or if
there have been modifications, that the Lease is in full force as modified and identify the
modifications); (b) the dates to which Rent and other charges have been paid; (c) so
far as the person making the certificate knows, Landlord is not in default under any
provisions of the Lease; and (d) such other matters as Landlord may reasonably request.
27. Notices. All notices, requests, demands, and other communications
required to be sent pursuant to this Lease shall be in writing and shall be deemed given
if mailed, certified mail, return receipt requested, or by a nationally recognized courier
service, to the following addresses:
If to Landlord, to: Public Works Department, Attn: Water System Manager
City of Kent
220 Fourth Avenue South
Kent, WA 98032
With a copy to: City Clerk
City of Kent
220 Fourth Avenue South
Kent, WA 98032
If to Tenant, to: King County Facilities Management Division
Real Estate Services, Attn: Leasing Supervisor
Re: Kent Repeater PSERN Lease
500 Fourth Avenue, Suite 830
Seattle, WA 98104
With a copy to: King County Facilities Management Division
Director’s Office, Attn: Gail Houser
Re: Kent Repeater PSERN Lease
500 Fourth Avenue, Suite 800
Seattle, WA 98104
With a copy to: King County Department of Information Technology
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 12 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
Puget Sound Emergency Radio Network
Attn: Marlin Blizinsky
Re: Kent Repeater PSERN Lease
401 Fifth Avenue, Suite 600
Seattle, WA 98104
28. Assignment and Subletting. Tenant shall not sublet all or any part of the
Premises. Tenant shall not assign its interest in this Lease without Landlord’s prior
written consent, which will not be unreasonably withheld. Consent by Landlord to any
assignment shall not constitute a waiver of the necessity of such consent to any
subsequent assignment. This prohibition against any assignment or subletting shall be
construed to include a prohibition against any subletting or assignment by operation of
law. Landlord acknowledges that Tenant and other municipalities participating in the
PSERN System intend to establish a new governmental non-profit entity that will
eventually own and operate the PSERN System. Notwithstanding anything in this Lease to
the contrary, Tenant may assign its interest in this Lease, without the Landlord’s consent,
to that governmental non-profit entity or to any entity existing now or in the future that
will be responsible for the operation, maintenance, management, updating and upgrade or
replacement of the PSERN System as authorized by law; provided that Tenant shall
provide notice to Landlord within forty-five (45) calendar days after the execution date of
such assignment. In the event of an assignment, the assignee shall assume all liability of
the assignor and Tenant will be relieved of all future performance, liabilities and
obligations under this Lease to the extent of such assignment.
29. Other Leases. Nothing in this Lease shall preclude Landlord from leasing
other space for communications equipment to any person or entity that may be in
competition with Tenant, or to any third-party, subject to the provisions of Section 13(c)
above.
30. Successors and Assigns. This Lease shall run with the land and be binding
upon and inure to the benefit of the parties, their respective successors, personal
representatives and assigns.
31. Non-Waiver. Failure of either party to insist on strict performance of any of
the conditions, covenants, terms or provisions of this Lease or to exercise any of its
rights hereunder shall not waive such rights, but such party shall have the rights to
enforce such rights at any time and take such action as might be lawful or authorized
hereunder, either in law or equity. The receipt of any sum paid by Tenant to Landlord
after a breach of this Lease shall not be deemed a waiver of such breach unless expressly
set forth in writing.
32. Taxes. Tenant shall pay all real and personal property taxes (or payments
in lieu of taxes) and assessments for the Premises and Access Easement that are directly
the result of Tenant's Improvements, if any, which become due and payable during the
Term of this Lease.
33. Miscellaneous.
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 13 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
a. Landlord and Tenant represent that each, respectively, has full right,
power, and authority to execute this Lease.
b. This Lease constitutes the entire agreement and understanding of the
parties and supersedes all offers, negotiations, and other agreements of any kind. There
are no representations or understandings of any kind not set forth herein. Any modification
of or amendment to this Lease must be in writing and executed by both parties.
c. This Lease shall be construed in accordance with the laws of the State
of Washington. Venue and jurisdiction of any lawsuit arising out of the performance or
obligations of this Lease shall be in the King County Superior Court. In the event of claim
or litigation to enforce any terms of this Lease, each party shall be responsible for its own
legal costs and attorney fees except as noted in Sections 21 and 23.
d. If any term of this Lease is found to be void or invalid, such
invalidity shall not affect the remaining terms of this Lease, which shall continue in full
force and effect.
e. Landlord covenants that Tenant, on paying the Rent and performing
the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises.
f. Landlord agrees to sign a short form Memorandum of Lease that
Tenant may record at Tenant’s expense.
34. Non-Discrimination. Landlord and Tenant, for themselves, their successors,
and assigns as a part of the consideration hereof, do hereby covenant and agree to
comply with all civil rights and anti-discrimination requirements of federal, state or local
laws applicable to the Property, including, without limitation, Chapter 49.60 RCW.
Landlord and Tenant shall not discriminate on the basis of race, color, marital status,
national origin, religious affiliation, disability, sexual orientation, gender identity or
expression or age except by minimum age and retirement provisions, unless based upon a
bona fide occupational qualification, in the employment or application for employment or
in the administration or delivery of services or any other benefits under King County Code
Ch. 12.16.125. Tenant shall comply fully with all applicable federal, state and local laws,
ordinances, executive orders and regulations that prohibit such discrimination. These laws
include, but are not limited to, Chapter 49.60 RCW, and Titles VI and VII of the Civil
Rights Act of 1964. Any violation of this provision shall be considered a default of this
Lease and shall be grounds for cancellation, termination, or suspension, in whole or in
part, of this Lease and may result in ineligibility for further agreements between the
parties.
35. Effective Date. This Lease is executed and shall become effective on the last
date both parties execute this Lease, as indicated below (the “Effective Date”). If the
Effective Date occurs after the Rent Commencement Date, any act consistent with the
authority and obligations described herein that takes place after the Rent
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 14 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
Commencement Date, but prior to the Effective Date, is hereby ratified and affirmed by
the parties to this Lease.
IN WITNESS WHEREOF, the parties have caused this Lease to be executed as of
the date and year set forth below.
LANDLORD: TENANT:
CITY OF KENT KING COUNTY
By: By:
Print Name: Suzette Cooke Print Name: Anthony O. Wright
Its: Mayor Its: Director, Facilities Management Division
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
Kent Law Department Busch Law Firm PLLC
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 15 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
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 Box-
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
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 16 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Anthony O. Wright is
the person who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Director, Facilities Management Division, of King County
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 Box-
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
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 17 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
EXHIBIT A
LEGAL DESCRIPTION OF LANDLORD'S PROPERTY
The west 150 feet of the south 300 feet of the north 330 feet of the southeast quarter of
the southwest quarter of the southeast quarter of Section 33, Township 22 North, Range 5
East, W.M., ALSO,
The portion of the southwest quarter of the southwest quarter of the said southeast quarter
of Section 33 lying easterly of the westerly 508 feet thereof, and northerly of the southerly
429 feet of the said southwest quarter of the southwest quarter of the southeast quarter
and southerly of the northerly 30 feet of the said southwest quarter of the southwest
quarter of the southeast quarter; ALSO,
That portion of the south 300 feet of the north 330 feet of the southwest quarter of the
southwest quarter of the said southeast quarter of Section 33 lying southerly of the north
line of the southerly 429 feet of the said southwest quarter, and easterly of the following
described line:
Beginning at a point on the south line of the said southwest quarter of the southwest
quarter of the southeast quarter which is 508 feet easterly of the southwest corner thereof;
Thence northerly to a point on the said north line of the southerly 429 feet of the southwest
quarter which is 509.70 feet easterly of the west line of the said southwest quarter and the
terminus of said line description;
Together with an easement over, under and across the east 30 feet of the west 180 feet of
the north 330 feet of the southeast quarter of the southwest quarter of the southeast
quarter of Section 33, Township 22 North, Range 5 East, W.M.;
And together with an easement over, under and across the north 30 feet of the west 150
feet of the said southeast quarter of the southwest quarter of the southeast quarter; ALSO
that portion of the north 30 feet of the southwest quarter of the said southwest quarter of
the southeast quarter lying easterly of 124th Avenue Southeast; ALSO that portion of the
south 30 feet of the northwest quarter of the said southwest quarter of the southeast
quarter lying easterly of 124th Avenue Southeast;
Situated in the County of King, State of Washington.
Address: 12523 SE 286th Place, Auburn, WA
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 18 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
EXHIBIT B
(Page 1 of 2)
DEPICTION OF PREMISES
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
LEASE AGREEMENT AT Joint Use 3.5 Million Tank – Page 19 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
EXHIBIT B
(Page 2 of 2)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
EXHIBIT C
LEGAL DESCRIPTION OF ACCESS EASEMENT
AN ACCESS EASEMENT 20.00' FEET IN WIDTH, 10.00' ON BOTH SIDES OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 33, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M., THENCE N01°04'27"E A DISTANCE OF 327.49 FEET
ALONG THE CENTER OF SECTION LINE; THENCE S88°40'47"E A DISTANCE OF
510.05 FEET TO THE SOUTHWEST CORNER OF THE SERVIENT PARCEL AS
DESCRIBED ON THIS SHEET; THENCE N01°04'47"E A DISTANCE OF 70.61 FEET
ALONG THE WEST LINE OF SAID SERVIENT PARCEL; THENCE S88°37'37"E A
DISTANCE OF 133.45 TO THE POINT OF BEGINNING;
THENCE S88°37'37"E A DISTANCE OF 116.79 FEET; THENCE N01°09'42"E A
DISTANCE OF 265.02 FEET; THENCE S89°22'50"W A DISTANCE OF 159.35 FEET;
THENCE N88°40'47"W A DISTANCE OF 571.42 TO THE EAST RIGHT-OF-WAY OF
124TH AVE SE, SAID POINT BEING THE TERMINUS OF THIS EASEMENT.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
EXHIBIT D
SCOPE OF WORK TO BE COMPLETED BY KING COUNTY/PSERN
12’x30’ prefabricated equipment Shelter with 50KW diesel generator
Retaining walls and grading around the Tenant's Shelter
1,000 gallon above-ground diesel fuel tank
Ice bridge between the Shelter and the Landlord's existing Tower
New gravel turnaround
Landscaping along a portion of the existing south fence line (as may be
required by Tenant's Government Approvals)
New access gate within the existing fence line
Two (2) new microwave dishes installed at 145’ centerline on the Landlord's
existing Tower
All necessary cables, conduit, lines and associated equipment and
improvements
New 6’ high chain link fencing to isolate the Premises from the Landlord’s water
tank facilities located on the Property.
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
EXHIBIT E
INSURANCE REQUIREMENTS
I. General Insurance Requirements
Tenant shall procure and maintain, for the duration of this Lease, insurance against
claims for injuries to persons or damage to property that may arise from or in connection with the Tenant’s operation and use of Landlord’s facilities. Tenant maintains a fully funded self-insurance program for the protection and handling of the Tenant’s liabilities including injuries to persons and damage to property. Landlord acknowledges, agrees and understands that Tenant is self-funded for all of its liability exposures. Tenant agrees, at its own expense, to maintain, through its fully funded self-insurance program, coverage for all of its liability exposures for this Lease. Tenant agrees to provide Landlord with at least thirty (30) days prior written notice of any material change in Tenant’s self-funded insurance program and will provide Landlord with a letter of self-insurance as adequate proof of coverage. Landlord further acknowledges, agrees and understands that Tenant does not purchase commercial general liability insurance and is a self-insured governmental entity; therefore Tenant does not have the ability to name Landlord as an additional insured.
If Landlord is not a governmental agency which maintains a fully funded self-insurance program in accordance with applicable law, Landlord will maintain commercial general liability insurance in the amount of Two Million Dollars ($2,000,000) per occurrence and Two Million Dollars ($2,000,000) general aggregate, based on ISO Form CG 00 01 or equivalent, and will include Tenant as an additional insured with respect to claims arising out of or related to this Lease. Landlord shall carry "All Risk" property insurance in an amount equal to the full replacement value of its structures and improvements on the Property. Tenant shall maintain "All Risk" property insurance in an amount equal to the full replacement value of all of its improvements and personal property located on the Premises or shall self-insure improvements and personal property on the Premises.
Notwithstanding any language to the contrary contained in this Lease, Landlord and
Tenant agree that they shall not make a claim against or seek recovery from the
other for any loss or damage to their property, or the property of others, resulting
from fire or other hazards covered by fire insurance or required to be covered under
this Lease and each hereby releases the other from any such claim or liability
regardless of the cause of such loss.
Tenant agrees to ensure all contractors, sub-contractors, consultants or other
parties utilized by Tenant to perform work on Landlord’s Property are fully insured
to the extent of coverage specified in Subsection II of this Exhibit E.
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
II. Specific Insurance Requirements
If Tenant ceases to maintain the aforementioned program of self-insurance, Tenant
shall obtain insurance of the types and limits described below:
A. Minimum Scope of Insurance:
1. Commercial General Liability insurance shall be written on Insurance Services Office (“ISO”) occurrence form at least as broad as CG 00 01 and shall cover premises liability, contractual liability, products-completed operations liability, and independent contractors liability. The Landlord shall be named as an additional insured on
Tenant’s commercial general liability insurance policy using a form at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used.
2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on ISO form or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. B. Minimum Amounts of Insurance
1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. The coverage amounts set forth may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for commercial general liability insurance:
1. Tenant’s insurance coverage shall be primary insurance with respect to the Landlord. Any insurance or self-insurance coverage maintained by the Landlord shall be excess of the Tenant’s insurance and shall not
contribute with it.
2. Tenant is contractually obligated to provide at least 30 days prior
notice to Landlord in the event of cancellation of any coverage related
to this Lease.
3. Tenant’s insurance coverage shall be written on an occurrence basis
only. Claims made coverage is not acceptable.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less
than A-,VII.
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
E. Verification of Coverage.
If Tenant ceases to maintain the aforementioned program of self-insurance, upon
Landlord’s request, Tenant shall furnish Landlord with original certificates of
insurance and a copy of the additional insured endorsement, evidencing the
insurance requirements of the Tenant, and Landlord shall be named as an
additional insured.
Return to:
King County Facilities Management Division
Real Estate Services
Attention: Leasing Supervisor
Re: Kent Repeater PSERN Lease
500 Fourth Avenue, Suite 830
Seattle, WA 98104
MEMORANDUM
OF
LEASE
Landlord: City of Kent, a Washington municipal corporation
Tenant: King County, a political subdivision of the State of Washington
Abbreviated Legal
Description:
PTN SE1/4 SW1/4 SE1/4 & SW1/4 SW1/4 SE1/4 STR 33-22-05E
TAX LOT 9177
Official legal description attached as Exhibit 1
Assessor’s Tax Parcel ID #: 332205-9177
Recording Numbers of
Prior Recorded Documents:
Does not apply
County: King State: Washington
This Memorandum of Lease is entered into on this ____ day of ______________, 2017, by and
between the City of Kent, a Washington municipal corporation, having a mailing address of 220 Fourth
Avenue South, Kent, WA 98032 (hereinafter referred to as “Landlord”) and King County, a political
subdivision of the State of Washington, having a mailing address of 500 Fourth Avenue, Suite 830, Seattle,
Washington 98104 (hereinafter referred to as “Tenant”).
1. Landlord and Tenant entered into a certain Lease Agreement (“Lease”) on the _____ day of
________________, 2017, for the purpose of installing, operating and maintaining a
communications facility and other improvements. All of the foregoing is set forth in the
Lease.
2. The initial lease term will be twenty-five (25) years, commencing on the date Tenant
commences construction of its Improvements on the Premises (as those capitalized terms are
defined in the Lease) and terminating on the last day of the month prior to the twenty-fifth
anniversary thereof.
3. The portion of the land being leased to Tenant and associated easements are depicted in
Exhibit 1 annexed hereto.
4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or
construed as amending or modifying, any of the terms, conditions or provisions of the Lease,
all of which are hereby ratified and affirmed. In the event of a conflict between the
provisions of this Memorandum of Lease and the provisions of the Lease, the provisions of
the Lease shall control. The Lease shall be binding upon and inure to the benefit of the
parties and their respective heirs, successors, and assigns, subject to the provisions of the
Lease.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year
first above written.
"LANDLORD"
City of Kent, a Washington municipal
corporation
By:
Print Name: Suzette Cooke
Its: Mayor
Date:
"TENANT"
King County, a political subdivision of the
State of Washington
By:
Print Name: Anthony O. Wright
Its: Director, Facilities Management Division
Date:
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
STATE OF WASHINGTON )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that Suzette Cooke is the person who
appeared before me, and that he 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 this day of , 2017.
Notary Signature:
Printed Name:
Notary Public for the State of Washington
Residing In:
My Commission Expires:
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Anthony O. Wright is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the Director,
Facilities Management Division of King County to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated this day of , 2017.
Notary Signature:
Printed Name:
Notary Public for the State of Washington
Residing In:
My Commission Expires:
EXHIBIT 1
Page 1 of 3
to the Memorandum of Lease dated ______________, 20__, by and between the City of Kent, a
Washington municipal corporation, as Landlord, and King County, a political subdivision of the State of
Washington, as Tenant.
The real property on which the Premises is locates is legally described as follows:
The west 150 feet of the south 300 feet of the north 330 feet of the southeast quarter of the
southwest quarter of the southeast quarter of Section 33, Township 22 North, Range 5 East,
W.M., ALSO,
The portion of the southwest quarter of the southwest quarter of the said southeast quarter of
Section 33 lying easterly of the westerly 508 feet thereof, and northerly of the southerly 429
feet of the said southwest quarter of the southwest quarter of the southeast quarter and
southerly of the northerly 30 feet of the said southwest quarter of the southwest quarter of
the southeast quarter; ALSO,
That portion of the south 300 feet of the north 330 feet of the southwest quarter of the
southwest quarter of the said southeast quarter of Section 33 lying southerly of the north line
of the southerly 429 feet of the said southwest quarter, and easterly of the following
described line:
Beginning at a point on the south line of the said southwest quarter of the southwest quarter
of the southeast quarter which is 508 feet easterly of the southwest corner thereof;
Thence northerly to a point on the said north line of the southerly 429 feet of the southwest
quarter which is 509.70 feet easterly of the west line of the said southwest quarter and the
terminus of said line description;
Together with an easement over, under and across the east 30 feet of the west 180 feet of
the north 330 feet of the southeast quarter of the southwest quarter of the southeast quarter
of Section 33, Township 22 North, Range 5 East, W.M.;
And together with an easement over, under and across the north 30 feet of the west 150 feet
of the said southeast quarter of the southwest quarter of the southeast quarter; ALSO that
portion of the north 30 feet of the southwest quarter of the said southwest quarter of the
southeast quarter lying easterly of 124th Avenue Southeast; ALSO that portion of the south 30
feet of the northwest quarter of the said southwest quarter of the southeast quarter lying
easterly of 124th Avenue Southeast;
Situated in the County of King, State of Washington.
Address: 12523 Southeast 286th Place, Auburn, WA
EXHIBIT 1
Page 2 of 3
The Premises are described and/or depicted as follows:
EXHIBIT 1
Page 3 of 3
PUGET SOUND EMERGENCY RADIO NETWORK (PSERN) FAQ’s
Q: What is PSERN?
A: PSERN is a public safety wireless communications project that will replace the current aging
emergency radio communications network with a new emergency radio communications network. This
network will be used by police, fire and emergency medical services in all jurisdictions throughout the
county.
Q: What are emergency radio communications networks used for?
A: After a 9-1-1 phone call, a dispatcher sends out police officers, fire fighters, and emergency medical
staff using a separate radio network (i.e. the “current network”). The same network is then used by
these responders to coordinate their activities at emergency incidents and to communicate with
managerial staff that are directing their response to the incident.
Q: Why do we need a new emergency radio communications network?
A: The current network is over 20 years old, will soon lose maintenance support from its manufacturer
and is in danger of failing if it isn’t replaced in a timely manner. The current network cannot be
expanded to match recent population growth in the county and therefore there is a gap between what
it actually covers and where it should provide coverage.
Q: What kind of funding is in place to pay for it, how much will PSERN cost and how will it be
paid for?
A: The Metropolitan King County Council authorized a temporary levy lid lift which King County voters
approved on April 28th, 2015. The project, including sites, equipment, labor, sales tax, and interest on
the bonds will cost approximately $273 million.
Q: Why can’t first responders use commercial cell phones?
A: Cell phones are not an option for several reasons: They don’t have sufficient back up power to
operate in a power outage or other widespread emergency situations. In addition, everyone
immediately tries to use their cell phone in widespread emergencies, which can cause commercial
networks to exceed capacity and fail. And most importantly, they are not currently capable of operating
in a “dispatch” fashion where one person broadcasts to many people, nor are they capable of working
“off network” such as radio to radio operations that are often used at fire scenes. All of these problems
are anticipated and covered by the standard elements of an emergency radio communications network.
Q: Who is leading the project?
A: There are four owners of the current radio communications network—Eastside Public Safety
Communications Agency (EPSCA), King County, City of Seattle and Valley Communications Center (VCC),
collectively called the “partners.” Each entity owns separate towers and equipment run by a central
computer. King County is responsible for leading and implementing the PSERN project on behalf of the
partners, but the partners guide and oversee the project from a governance perspective.
Q. What cities own and operate the existing EPSCA and VCC portions of the emergency
communications network?
A: Both agencies were formed by Interlocal Cooperation Agreements from five cities. Eastside Public
Safety Communications Agency (EPSCA) is comprised of the Cities of Bellevue, Mercer Island, Kirkland,
Redmond and Issaquah. Valley Communications Center (VCC) is comprised of the Cities of Auburn, Kent,
Federal Way, Renton and Tukwila.
Q: Will the ownership and operation of the new network remain the same as for the current
network?
A: A new consolidated operational and governance agency will be created. This agency will be a public,
non-profit organization that will own, operate and maintain the new network. A Memorandum of
Agreement has been ratified and addresses the core components of the non-profit organization. This
will be followed prior to 2019 by an Operations Period Interlocal Cooperation Agreement that will detail
governance of the operations of the new network.
Q: Who will run the non-profit organization?
A: The organization will be governed by a six-person board of directors. One voting board member will
be appointed by each of the following: (i) the City of Seattle; (ii) the five Valley Communications Center
member cities jointly; (iii) the five Eastside Public Safety Communications Agency member cities jointly;
and (iv) King County. There will be two additional members who will be appointed to represent
stakeholders not otherwise represented on the board—one non-voting police representative and one
non-voting fire representative. Each voting member will have an equal vote.
Q: Why does the Lease need to be assigned to an agency other than King County?
A: The PSERN operator will be an independent governmental non-profit organization. The cities of
Seattle, Bellevue, Mercer Island, Kirkland, Redmond, Issaquah, Auburn, Kent, Federal Way, Renton and
Tukwila, as well as King County have already agreed to assign all assets and liabilities from King County
to the PSERN operator. Because of this, the Leases will also have to be assigned. Upon commencement
of the leases King County will be the tenant and lessee, but upon assignment, the PSERN operator will
act as tenant and lessee.
Q: How long will it take to complete the project?
A: The project started in mid-2015 and is currently projected to be completed in late-2020.
Q: If the County is paying for all the assets, why shouldn’t the County operate and maintain
PSERN both during the project and after it is completed?
A: The County Executive believes that centralization is needed for this critical regional service and that
the best model is to operate and own it using a public, non-profit entity. Current owners have agreed to
this approach and have drafted an Interlocal Cooperation Agreement that will accomplish this.
Q: Will the County need to operate and maintain PSERN after the project is finished?
A: An Implementation Period Interlocal Cooperation Agreement has been ratified and contains
provisions for automatically transferring PSERN from the County to the non-profit operator once the
project is finished.
Q: What will happen to PSERN operations and maintenance if the non-profit operator does
not take over PSERN at or soon after the project is finished?
A: In this event, the County will own and operate PSERN, but only until such time as it can be
transferred to the non-profit agency. The Implementation Period Interlocal Cooperation Agreement
contains provisions for partners and users to pay the County for its operation and maintenance of
PSERN after PSERN starts operation until the ownership and operations are turned over to the non-
profit organization.
Q: How long will the system last before we need to build a new one?
A: The new system is designed to last over 20 years.
Q: Is the county using any contractors to perform work on the project?
A: Yes, many. Two contractors are specifically working for the county to gain access rights to radio sites
as well as to perform the civil site development work that will be needed to make those sites ready for
radio equipment. Odelia Pacific Corporation is leading the work to negotiate leases (or other needed
agreements) with landowners as well as doing all the engineering, planning and permitting for the site
development work. The project is being advised by the Busch Law Firm in the drafting and finalization of
those agreements. Either or both of these firms may have interaction with landowners as well as select
county staff. The county intends to use several construction firms as the project work progresses and
has selected Motorola as the equipment supplier for the network equipment.
For more information about the PSERN Project visit us at:
Web Site: www.psern.org
Follow us on Twitter @radiomatters
YouTube Channel: http://bit.ly/1Mt096N
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OTHER BUSINESS
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Agenda Item: Bids – 9A_
TO: City Council
DATE: April 18, 2017
SUBJECT: Hogan Park Field #1 Synthetic Turf Conversion Project Bid Acceptance
and Contract Authorization – Award and Authorize
SUMMARY: The Parks Department is making a significant reinvestment into Field 1
at Hogan Park to expand its functionality beyond the current single-activity baseball
field available only in the summer months, to a year round multi-use synthetic turf
field. Pre-construction engineering consulting has been ongoing since February 2016.
The project, consisting of a base bid plus two alternates, was advertised in March and
April 2017, with the bid opening on April 4. The lowest responsive and responsible
bidder is Premier Field Development, at $1,554,490 base bid and $183,400 for
Alternate 1. Alternate 2 will not be included in construction. Including Washington
State Sales Tax of $173,789 on the combined bids, the total contract amount will be
$1,911,679. The Engineer’s estimate for this project was $1.5 to 1.75 million.
We have analyzed the bids and recommend the contract be awarded to the low bidder.
EXHIBITS: Bid tab, Sample contract
RECOMMENDED BY: Parks, Recreation and Community Services Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: Revenue and expense impacts to the Hogan Park at Russell Road
Field Conversion budget
MOTION: Award the Hogan Park Field #1 Synthetic Turf Conversion project
to Premier Field Development in the amount of $1,737,890, and authorize
the Mayor to sign all necessary contract documents, subject to final terms
and conditions acceptable to the City Attorney and Parks Director.
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BID TABULATION FORM
KENT PARKS, RECREATION & COMMUNITY SERVICES
CITY OF KENT, WASHINGTON
PROJECT NAME: Hogan Park Field #1 Synthetic Turf Conversion
DATE: April 4, 2017 DUE: 10:30 a.m. OPENED: _Immediately
Bidder: Total Base Bid:
(in dollars)
Bid
Alternate 1
Bid Alternate
2 (Not
Awarded)
Addendum:
1, 2
1. Premier Field Development
$ 1,554,490.00 $ 183,400.00 $ 52,550.00 X
2. Specialized Landscaping Inc.
$ 1,710,888.00 $ 189,000.00 $ 77,900.00 X
3. A-1 Landscaping & Construction Inc.
$ 1,744,000.00 $ 209,000.00 $ 67,000.00 x
4. Ohno Construction Company
$ 1,840,000.00 $ 213,000.00 $ 70,000.00 X
ENGINEER’S ESTIMATE: $1.5 – 1.75 million
__4__ bids were received for this project and opened. The apparent low bidder on the Base Bid and both Alternates
is __Premier Field Development_______ for $___1,737,890.00_(Base Bid + Alternate 1)_______ plus applicable
Washington State sales tax.
Staff will review the bid documents and verify references. Questions may be directed to Brian Levenhagen, project manager, at
(253) 856-5116 or at bjlevenhagen@kentwa.gov.
CONTRACT
THIS AGREEMENT, made in duplicate, is entered into between the CITY OF KENT, a
Washington municipal corporation (“City”), and Premier Field Development ,
organized under the laws of the State of Washington , located and doing business at
207 Cedar Avenue, Snohomish, WA 98290 (“Contractor”).
WITNESS:
In consideration of the terms and conditions contained herein and attached and made a part of
this Agreement, the parties agree as follows:
1. The Contractor shall do all work and furnish all tools, materials, and equipment for the
Hogan Park Field #1 Synthetic Turf Conversion in accordance with and as described
in the Contract and shall perform any alterations in or additions to the work provided
under the Contract and every part thereof. The Contract shall include all project
specifications, provisions, and plans; the City’s general and special conditions; the current
adopted Standard Specifications for Road, Bridge, and Municipal Construction, as prepared
by the Washington State Department of Transportation and the Washington State Chapter
of the American Public Works Association, including all published amendments issued by
those organizations, if applicable (“Standard Specifications”); the City’s bid documents;
and the Contractor’s response to the City’s bid. The Contractor is responsible to obtain
copies of the current adopted WSDOT Standard Specifications including the latest
amendments issued by WSDOT as of the date of bid opening. Unless otherwise directed
by the City, work shall start within ten (10) days after the City issues its Notice to Proceed
and be completed within 120 calendar days.
The Contractor shall provide and bear all expense of all equipment, work, and labor of any
sort whatsoever that may be required for the transfer of materials and for constructing
and completing the work provided for in the Contract and every part thereof, except as
mentioned in the specifications to be furnished by the City. The total contract amount,
including Washington State Sales Tax, is $_1,911,679.00_.
2. The City hereby promises and agrees with the Contractor to employ, and does employ,
the Contractor to provide the materials and to do and cause to be done the above
described work and to complete and finish the same according to the Contract and the
terms and conditions herein contained and hereby contracts to pay for the same according
to the Contract and the schedule of unit or itemized prices provided by Contractor in its
response to the City’s bid, at the time and in the manner and upon the conditions
provided for in the Contract.
3. The Contractor for itself, and for its heirs, executors, administrators, successors, and
assigns, does hereby agree to the full performance of all covenants herein contained upon
the part of the Contractor.
4. It is further provided that no liability shall attach to the City by reason of entering into this
contract, except as expressly provided herein.
5. Contractor shall defend, indemnify, and hold the City, its officers, officials,
employees, agents, volunteers and assigns harmless from any and all claims,
injuries, damages, losses or suits, including all legal costs and attorney fees,
arising out of or in connection with the performance of this contract, except for
injuries and damages caused by the sole negligence of the City.
The City’s inspection or acceptance of any of Contractor’s work when completed
shall not be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this contract is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the City, its officers, officials,
employees, agents and volunteers, the Contractor’s liability hereunder shall be
only to the extent of the Contractor’s negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR’S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW,
SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS
WAIVER.
The provisions of this section shall survive the expiration or termination of this
contract.
6. Contractor agrees, upon the City's written demand, to make all books and
records available to the City for inspection, review, photocopying, and audit in
the event of a contract related dispute, claim, modification, or other contract
related action at reasonable times (not to exceed three (3) business days) and
at places designated by the City.
7. The Contractor shall procure and maintain, during the term of construction and
throughout the specified term of maintenance, insurance of the types and in the
amounts described in Exhibit A attached and incorporated by this reference.
8. Contractor is responsible for locating any underground utilities affected by the
work and is deemed to be an excavator for purposes of RCW Ch. 19.122, as
amended. Contractor shall be responsible for compliance with RCW Ch. 19.122,
including utilization of the “one call” locator service before commencing any
excavation activities.
9. Contractor shall fully cover any and all loads of loose construction materials,
including but not limited to sand, dirt, gravel, asphalt, excavated materials,
construction debris, etc, to protect said materials from air exposure and to
minimize emission of airborne particles to the ambient air environment within
the City.
CITY OF KENT
BY:
SUZETTE COOKE, MAYOR
DATE:
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
KENT LAW DEPARTMENT
CONTRACTOR
BY:
PRINT NAME:
TITLE:
DATE:
REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
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
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Page 1 of 12
OFFICE OF THE MAYOR
Derek Matheson, Chief Administrative Officer
Phone: 253-856-5700
Fax: 253-856-6700
Address: 220 Fourth Avenue S.
Kent, WA 98032
DATE: 04/18/17
TO: Mayor Cooke
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, April 18, 2017
The Chief Administrative Officer’s report is intended to provide Council, staff and
community an update on the activities of the City of Kent.
ADMINISTRATION
• We are working to schedule another mid-managers meeting next month. The meeting
provides an unstructured opportunity for mid-managers to raise issues and ask
questions of the mayor and chief administrative officer.
• The recent joint meeting of the Kent City Council and Kent School District Board of
Directors was a big success. Council President Boyce has prepared a “next steps”
document the city’s CAO and district’s superintendent will use to ensure progress.
• The CAO attended the Northwest Regional Management Conference last week, which is
a joint conference of the Washington and Oregon city/county management associations.
The CAO is the president-elect of the Washington association.
• Kent’s Office of Neighborhoods received two neighborhood registration applications to
become recognized by the City and to participate in the Neighborhood Program.
Millbrook Heights, approximately located at SE 270th Street and 120th Avenue SE,
includes 16 households and Vila Real, approximately located at 111th Way SE and SE
202nd Street, includes 128 households. Both neighborhoods will be introduced at the
Economic and Community Development Committee meeting on May 8 and formally
recognized at the City Council meeting on May 16 2017.
The Neighborhood Program allows recognized neighborhoods to receive technical
assistance, offers leadership training and workshops, opportunities to participate in the
civic process, and access to Matching Grant Funds for neighborhood projects.
ECONOMIC AND COMMUNITY DEVELOPMENT
Economic Development
• Staff met with the President of Pickleball Central to discuss his plans to participate in
“Make in Back, Sell in Front” with his expansion location in Kent. He will be opening
Page 2 of 12
new pickleball courts within his warehouse, a retail store, and a museum all open to
the general public to use.
• Staff convened engineers from KPG, FNW, and ECD to discuss frontage
improvements to the Marquee on Meeker Development.
• Staff met with a local restaurateur to discuss possible expansion downtown.
• A meeting is scheduled for later this week with a drone business from Austin, Texas
to discuss possible relocation of headquarters and distribution in Kent.
• Staff advised a pastor seeking new real estate in town, as well as fielded several
inquiries from the public about potential hotel development sites.
Long Range Planning
• Staff conducted a high level complete streets assessment of Safe Routes to School
Meridian project for inclusion in the 6-Year Transportation Improvement Plan.
Additionally, staff is preparing for a public hearing on amendments to the complete
streets code.
• Staff developed an interactive survey for the Meet Me on Meeker webpage, which will
help gather community input on the project. Staff has been planning more outreach
activities and is gearing up for an active spring/summer community engagement
season.
• Staff reviewed and is finalizing a downtown parking guide, working with Multimedia
on final editing, for use by our downtown business community and the Kent
Downtown Partnership. The guide will help business owners and visitors understand
their parking options and take advantage of the many free and low-cost parking
spaces available downtown.
• Staff began the yearly Office of Financial Management population reporting research.
Every year, the City is asked to report housing units permitted and constructed
population numbers at various group facilities; the state uses this information to
release yearly population estimates.
• Staff presented 2015-2016 comprehensive plan amendments to Economic
Community Development Committee and received a recommendation to the full
council to approve the amendments as presented. The amendments will come
before Council in early May.
• Staff is planning a tour of downtown Kent for transit and bicycle advocacy groups to
show Kent’s unique transportation planning context. The tour will include the top
four sites currently being evaluated by Sound Transit as potential parking garage
locations, as well as locations of possible future bicycle and pedestrian
improvements.
• As part of an ongoing project in response to docket requests, staff completed an
inventory and characterization report for Kent’s Urban Separators. Urban Separators
are areas zoned for low-density development in order to maintain visual buffers
between urban areas, maintain open space for recreation, and protect
environmentally sensitive lands. The report will be presented to the Land Use and
Planning Board on April 17.
• By April 13, Sound Transit will have notified owners of property in the Midway area
of planned full property acquisition for the Federal Way Link Extension project. The
Sound Transit Board will be asked to authorize acquisition at the April 27 Board
Page 3 of 12
meeting. Property owners who have questions regarding the project should contact
Sound Transit’s Community Outreach Specialist Zac Eskenazi at 206-903-7178 or
Zacharty.eskenazi@soundtransit.org.
EMERGENCY MANAGEMENT
Trainings
• Held a Kent ECC Red/Blue Team section chiefs review.
• An ICS 100/200/700 Combo class is being offered on Saturday April 22.
• An ICS 300 Class is being offered on May 1 and 2.
Community Events: Participated in Emery the Emergency Penguin's birthday with KC 911,
Kent PD, Puget Sound Fire and Kent School District.
Regional Events: Staff will attend the Partners in Preparedness Conference on April 18-20
in Tacoma. The department is also sponsoring up to three City staff to attend.
FINANCE
• We had a low number of turnoffs last month for water delinquencies. A total of 76
customers were affected by the turnoffs.
• We are working with the Information Technology Department to pull together vendor
demos for the replacement of the Class cashiering system.
• Customer Service will open at noon on Thursday, April 27 so staff can attend the finance
department retreat that morning. Regular hours will resume on Friday.
HUMAN RESOURCES
Benefits
• Work continues on the implementation of the automated employee onboarding
process.
• Prioritization of the JD Edwards software projects to be completed in with the
Information Technology Department.
Labor, Class & Compensation
• Finalizing policy update informational meetings for managers and employees to be
held in Council Chambers on Tuesday, April 18 from 9-11 a.m. (for managers) and
1-3 p.m. (for employees).
• Work continues on the salary survey for non-represented employees.
Recruitment
• Testing was conducted Tuesday, April 11 for the Permit Technician position with
interviews scheduled for April 20.
• A second interview was conducted on April 10 for a Combination Building Inspector
position.
• A practical exam will be conducted on April 10 for the Maintenance Worker III-Sewer
Vactor Operator position. A panel interview also will take place.
• Three temporary or limited hour positions have been opened for recruitment: Field
Coordinator-Adult Softball, Street Asphalt Assistant, and Water Maintenance
Assistant. The positions will remain open until filled.
Page 4 of 12
• Signal Technician Christian DeMarco starts on April 17.
• An eligibility list was established for the Entry Level Corrections Officer position;
tested nine candidates and of those nine, five passed and were placed on the list.
• An eligibility list was established for the Entry Level Police Officer; tested 22 and of
those 22, 16 passed and were placed on the list.
• The written exam for Records Specialist was on April 5. Fifty-two people were tested
and of those 52, 45 passed and will be moving on to the data entry assessment that
is scheduled for April 19.
• Parking Enforcement Assistant interviews are taking place April 17-19. Nineteen
candidates have been invited to continue to the interview process.
• The Senior Financial Analyst position closed April 10. Interviews are scheduled for
April 20.
• The Information Technology Trainer closed on April 9. Interviews are scheduled for
April 20-21.
• New hires for April 17: Amy Keophilavong (IT Technical Lead), Annamarie Decker
(Probationary Police Recruit), and Josh Gonzalez (Multimedia Art Direction
Coordinator), Christian DeMarco (Signal Technician).
Risk Management: Outside Counsel has been assigned to represent both the Officers and
the City at the Reddeck Inquest, called recently by County Executive Dow Constantine. The
Officer-involved shooting occurred on October 12th, 2016.
INFORMATION TECHNOLOGY
• Through fiber connectivity, Multimedia and Technical Services were able to live
broadcast Mayor Cooke’s State of the City address for the first time in Kent TV21
history. The event was live on Comcast TV21 and KentWA.gov/kenttv21.
www.youtube.com/watch?v=sBTjPpS2A30.
Additionally, Multimedia produced “Mayor Suzette Cooke - A Legacy of Achievement”.
The video features highlights of Mayor Cooke’s three terms.
https://vimeo.com/210814739.
PARKS, RECREATION, AND COMMUNITY SERVICES
Recreation and Cultural Services Division
• The HERO van, a high-energy mobile fitness and nutrition outreach program has been
out in the community attending afterschool programs at elementary schools and
apartment complexes. Staff participated in the “Community Activities Day” at Birch
Creek Apartments on March 25 to promote exercise, healthy eating and all the
programs Kent Parks will be offering this spring and summer.
• Staff attended a summer job fair at the University of Puget Sound. The fair was
specifically designed to showcase paid opportunities available in the summer, from
summer camps, playground programs and other seasonal summer positions.
• Kent’s Cultural Board Meeting was hosted at Kent Parks Community Center. Staff
connected two college students with resources in the community as well as a possible
grant opportunity from Goodwill to offer an afterschool tutoring program for first
generation immigrant students.
Page 5 of 12
• Adaptive recreation staff presented to 40+ parents and students in the Kent School
District Transition Outreach Program on March 23. Staff shared information about the
wide variety of adaptive recreation programs offered by the Parks Department,
explained the registration process and addressed how to access DDA (developmental
disabilities administration) funds for services. Parents and students were excited about
the possibility of getting involved in programs and getting out in the community once
they graduate from TOP.
• The Kent Senior Activity Center hosted a dinner and music show featuring Danny
Vernon as Elvis on March 30. The evening included educational workshops on Social
Security and Medicare. Sponsors had vendor booths available for attendees and
provided door prizes and snacks. Panera provided a boxed dinner. Tickets were $10 and
sold out in 4 ½ days. Danny Vernon is a very popular Elvis impersonator and puts on
an exciting show.
• Tile and partition replacement is ongoing in the Senior Center's restrooms.
• The 2016-2017 Spotlight Series wrapped up with a performance of American roots
music by Rani Arbo & daisy mayhem. The concert took place on Saturday, April 1 and
drew an audience of 190 to Kent-Meridian High School Performing Arts Center. In
addition to their public performance, Rani Arbo & daisy mayhem conducted educational
outreach as part of their time in Kent. The group collaborated with the local Rainier
Youth Choir by sending music in advance, leading a workshop/rehearsal on the
afternoon of the show, and inviting the students to perform several songs as part of the
public performance.
• Photographs by artists Chris Heard and Sonya Lang are now on display through May 18
in the Centennial Center Gallery.
• Kent Creates’ 2nd exhibit closed on March 31 with a total of 33 submissions. The theme
of the exhibit was “home.” Arts Commissioners will vote to select the top five
submissions in the coming days.
• Kent Commons Community Center is busy with the spring tradeshow season. Facility
size and parking availability are inviting elements to tradeshow organizers. Tradeshows
scheduled this spring include: The Greater Seattle Toy Show, Emerald Spiral
Parapsychology Expo, Puget Sound Photographic Collectors Society Show & Sale,
Evergreen Stamp Show, Washgotsole Sneaker Convention, and MathfestPowered by
Zeno Expo. The total combined attendance is expected to be over 9,000 visitors
enjoying the scheduled events.
Housing and Human Services
• King County Housing Authority’s (KCHA) Section 8 voucher program reopened on
April 5 to accept free, online-only applications and closes at 4 p.m. on Tuesday, April
18. A random lottery drawing will be used to select 3,500 of these applications for
the Section 8 waiting list.
• All General Fund Consultant Services Agreements are fully executed for 2017-18 and
staff will begin to review first quarter reporting in mid-April.
• Staff participated in the Gates Foundation Starting Line quarterly meeting. Starting
Line is a new Gates Foundation initiative that promotes community partnerships to
engage families in educational success through authentic family and community
engagement. In partnership with the Kent School District, King County Housing
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Authority, the City of Kent Housing and Human Services and six ethnic CBO’s, the
Kent Education Equity Partnership (KEEP) has received a $150,000 grant to develop
strategies.
• Staff attended a workshop - Moving to Action: Ending Homelessness through Racial
Equity hosted by Coalition Ending Gender-Based Violence.
• Two-thirds of people experiencing homelessness in King County are people of color
when they only make up one-third of the general population. While homelessness is
often the breakdown and failure of many systems and safety nets, the homelessness
system can either perpetuate racism or it can disrupt it. Staff gained skills to:
o Identify how you can be an agent of change
o Improve the quality of services you provide to people of color
o Orient your organization and programming around racial equity
• Riverbend Golf Complex received a new fleet of Club Car golf carts last week. The new
carts were provided by Perfect Drive Club Car, a division of Thermo King Northwest
located on Central Avenue. The new fleet of golf carts consist of 36 electric carts, 36
electronic fuel injected carts, 2 marshal carts, 2 utility carts and a range picker. The
new fleet was assembled and placed into service on Saturday, just in time for a
7:30a.m. shotgun-start tournament.
Parks Planning and Development
• Parks just received bids on the Hogan Park Field #1 Synthetic Turf Conversion
project. We are currently performing due diligence on the apparent low bidder and
anticipate forwarding a recommendation to the Parks Committee at their next
meeting.
• Kent Memorial Park Playground Replacement and Wiffleball® Field is currently out to
bid. Both projects are expected to be complete by late summer/fall.
• Work is continuing on the dock replacement for Lake Meridian. Signage will soon be
going up at the dock and the boat launch, letting people know of the temporary
construction closures. Work will begin on site in April.
• Geotechnical work will be commencing soon at Morrill Meadows and East Hill Parks in
support of the park renovation and YMCA project. Several borings and test pits will
be dug in both parks and on the residential properties in between. The contractor is
aware of the public’s presence and all safety precautions will be taken, including
filling in pits and borings immediately.
Park Operations
• Park Operations would like to welcome the 19 new seasonal staff that joined the
team this month. These are a significant portion of the total seasonal positions that
Park Operations depends on through the spring and summer. Welcome to our new
team members, we are happy to have you on board!
• Spring is normally a smooth prelude to a busy summer season, however this year
staff have been working thru a variety of weather related issues from localized
flooding, wind damage and debris removal at many of the park properties.
• The landmark fountain at Town Square plaza is operating again for the season. Staff
appreciates the patience and understanding of park users as the fountain is de-
winterized and issues that come from several months of dormancy are addressed.
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This year there will be periodic days for maintenance work on the fountain surface in
addition to the regular lifecycle maintenance.
POLICE
Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions
• Entry Level Anna Marie Decker starts on April 16.
Significant crime activities/arrests/investigations
• On March 28, the management at Green Leaf apartments contacted the Police
Department about an illegal discharge that had been reported by a tenant. The
tenant had originally reported this to management at about 10 p.m. but for unknown
reasons management didn’t contact police for several hours. The tenant reported
that a single shot was fired thru a wall adjoining with another unit. That
resident/suspect contacted the victim and made a statement about accidentally firing
his gun, apologizing and offering to fix the damage. The suspect apartment was
rented to a convicted felon, including convictions for Murder 2 and Violation of the
Uniform Firearms Act.
• On April 2, patrol was dispatched to an attempted theft of mail at Kentley Pointe
Apartments. The suspect vehicle was a lifted, white F-350 truck. The truck fled
westbound on S. 272nd Street and entered northbound I-5. The truck exited the
freeway at Kent-Des Moines Road and then turned eastbound with officers in
pursuit. Spike strips were deployed near Military Rd but the truck continued east to
SR-167. The pursuit continued south on 167 into Pacific where the driver eventually
fled on foot in the 200 block Steward Rd SW. The K9 track was unsuccessful. The
plates did not match the VIN and truck was determined to be stolen. Officers
recovered stolen mail that belonged to 72 total victims.
• On April 2, patrol was dispatched to a physical domestic in the 900 block of 2nd
Avenue N. This address is familiar with patrol officers as they have responded
numerous times regarding the male who lives there. In 2016 he was involved with a
DV where he fired off a gun and in 2015 he was suicidal and had barricaded himself
inside with firearms. On this night the suspect had assaulted his wife and
daughters. While attempting to take him into custody the suspect presented and
used a taser on the officer striking him in the groin/inner thigh area several
times. The suspect continued to fight and grabbed the officer’s gun belt and tried to
bite him. The suspect was eventually taken into custody and booked into King
County Jail.
• On April 3, officers were dispatched to bank robberies at Bank of America and Chase
on the East Hill. Bank of America was attempted with no money loss. At Chase he
got away with nearly $3,000. Same suspect in both robberies. Working with Tacoma
Police and the FBI task force, we have been able to ID the suspect who was recently
released from federal custody for a 2008 Bank Robbery Conviction. Suspect is not in
custody, but unrelated warrants have been issued. Video from both robberies is very
good quality and identification was confirmed through his federal booking photo.
Detectives have filed charges on both cases.
• On April 6, officers were dispatched to an illegal discharge at a gas station in the
26000 block of Pacific Hwy S after undercover King County Sheriff’s Office Deputies,
who were in the area, heard what sounded like three gun shots. Officers found no
victims or evidence of a shooting. At 2 a.m. a victim requested medical aid at a gas
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station off of 272nd St, in Des Moines. Des Moines Officers and medics arrived and
began to treat the victim for a gunshot wound to his upper right abdomen, lower
right back, and left side of his neck. By the time our officer was dispatched and en-
route to the location, the victim had lost consciousness. Upon arrival at Harborview
Medical Center, Doctors determined the victim had a bullet lodged in his lower torso
and chest which was not life threatening. KPD Detectives found three .22 caliber
bullet casings in the parking lot. We were unable to get a statement from the victim
due to being sedated.
• On April 9, officers were dispatched to the area W Harrison and Madison Avenue N
for a report of a “drive-by shooting”. Upon arrival one juvenile male was located
with a gunshot wound to his leg. He was with three other individuals. It was
reported all four were walking on the path next to the park and a vehicle pulled up
on W Smith and fired three rounds. No suspect information was given and vague
and differing vehicle descriptions were given. It is believed this is gang related. The
victim was transported to Valley Medical.
• On April 9, patrol was taken to a wooded area behind Don Willis on Pacific Hwy S. by
a local transient who had found a dead body of a 35-year-old male who was reported
missing out of Lynnwood. The body was actually found on Saturday, April 8 but the
witness was too scared to call 911 because he has a warrant. There was reported
trauma to the decedent’s head.
• On April 9, officers responded to Pembrook Apartments for a report of an Illegal
Discharge. Several callers reported hearing five gunshots and a witness advised
they observed a Chrysler 300 leave the area along with a subject running. Upon
arrival, five casings were located in the west entrance to Pembrook. The Chrysler
was located at a known problem house where we have responded to previous
shootings. The driver advised a female had run into the house stating she had been
shot at and was the intended victim. She was not located. No damaged property
was located. No suspect information.
Major emphasis patrol: Our traffic unit is participating in the statewide distracted driving
enforcement campaign that runs from April 3-16.
Events and awards
• Letters of Commendation
o Detectives Tami Honda and Ryan Rossmeier – for their professionalism and
commitment to conduct a thorough investigation that greatly assisted the
United States Postal Service in taking down an organized crime group that had
been plaguing communities in the Puget Sound region with numerous
incidents of mail theft, burglaries, car prowls and other crimes.
o Officer Trevor Blake – was commended by a defendant in a felony assault case
in King County Superior Court for being respectful and kind during the arrest
process.
o Corrections Officer Amber Horejsi – for preventing an inmate from committing
suicide.
• The Community Academy has 16 people enrolled this spring.
• Wednesday, April 5, Chief Thomas, Assistant Chief Kammerzell, Assistant Chief
Padilla, and Jalene King attended the Mayor’s State of the City Address.
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• Friday, April 7, Kent PD celebrated Emery the Emergency Penguin's birthday at
Daniel Elementary. We helped Emery teach students about the do's and don'ts of
calling 911.
• Saturday, April 8, Assistant Chief Padilla, John Pagel, and officers Corner, Ferguson,
and Birkhofer participated in the Kent Little League opening ceremony. Attendees
were able to tour the VSWAT Bearcat and the SOU Police car.
• Saturday, April 8, Chief Thomas attended the US Dept. of Justice-Community
Relations Service Hate Crimes Forum at Khalsa Gurmat School in Renton.
An update to the Officer Involved Shooting on March 23 was held on April 7 at a Diversity
Task Force meeting.
PUBLIC WORKS
Design
• S 224th St Project East Valley Highway (EVH) to 88th–Bid opening is May 2.
Addendum 5 to be issued last week in April. Draft aerial easement from WSDOT
received and under review. Awaiting response from Silver Springs regarding
treatment facility. Working to secure Hytek lot for buffer mitigation as required by
corps permit.
• S 224th St Project 88th to 94th– 30% review completed. Coordinating with PSE for
undergrounding of utilities. Documents for PSE Contract are being prepared to share
at April 17 Public Works Committee. Nine parcels have been identified for Right-of-
Way needs. Appraisals work has begun.
• S 228th UP Grade Separation (and 228th Bikeway) – Further discussion with King
County Metro to discuss need for current low flow video inspection of sanitary sewer
line. Continuing work Right Of Way acquisition for temporary construction easement
and access easement. Access easement from Flow Form secured. Counter offer
received from Sound Holdings. Discussions with Klavano progressing. Three early
work projects identified with the intention for construction this year: drilled shaft,
joint utility trench and stormwater relocation. Coordinating timing of advanced
construction projects with 212th/72nd and other projects with Construction. Joint
Trench – 30% review wrapped up at the end of March. Working with PSE and
Century Link on work design and preparation for utility agreements. Stormwater
Relocation – 30% review wrapped up at the end of March. Joint Trench project to be
constructed concurrently due to utility conflicts with drainage structures.
• 132nd Avenue Walking Path – Continued discussions with impacted property owners
for partial acquisitions and Temporary Construction Easements (TCE) – one TCE
secured. Coordination with utilities (sewer/lighting) for relocation. Evaluating
locations for buffer mitigation. Coordinating with PSE for utility pole and wire conflict.
• 212th @ 72nd Ave– Evaluating work staging options to maximize work completed with
impact to drivers and businesses. Settling extents of concrete pavement beyond
intersection, and standard concrete paving details. Field evaluation resulted in the
need for replacement of the ADA ramps. Continued coordination with utilities for
impacts. 30% plans review comment received and are being incorporated.
Consultant for Work Zone Traffic Control (WZTC) and Signal design secured.
Coordinating detours and closures with 228th UP advance work contracts.
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• James Street Pump Station Siding – Developing scope(s) of work, schedule and cost
analysis to finalize scope. Options include siding and or roll-up doors for access, path
to access panels at rear of building, possible wall and landscaping work. Need to look
at lighting, ventilation and fire requirements. An artistic rendering/sketch will be
prepared and shared with Public Works Committee.
Survey
• Design Mapping: 2017 Water Site Potholes. S 212th Way Monument Locations, Lake
Meridian Outlet Staff Elevation, 72nd Ave & 212th St. Intersection Improvements,
Boat Launch Elevations at Van Doren’s Park, Lake Fenwick and Lake Meridian Staff
Elevations, 132nd Ave Walkway Improvements, Lake Meridian Estates Outfalls , Clark
Lake Wetland Flags, West Lake Fenwick Park and East Valley Highway 180th to
192nd
• Construction/Staking at 228th Grade Separation , 72nd Ave Extension, 108th & 208th
Intersection Improvement , and 228th/224th East Leg Phase II Proposed Right of Way
• Office/Right of Way: 228th/224th East Leg Phase II – Legal Descriptions, 132nd Ave.
Easements, East Valley Highway Right of Way, Water Service Legal Descriptions, and
Railroad Quiet Zone Right of Way for UPRR & BNRR
• GIS: Customer Service Requests, Six-Year Transportation Improvement Plan, Active
Plats Map for Construction Development, Curb Ramps for Inventory Map, 3.5 MG
Tank Site Exhibit Map, Storm and Sewer Model Updates and Map
Construction
• 72nd Ave Extension: The storm pipe installation on the North side of the project is
complete. Curb and gutter installation and final grading will follow. Electrical
conduit installation and bases for street lights is underway. The above mentioned
grading and electrical work will require occasional lane closures on S 196th St during
daytime hours.
• 108th Ave SE & SE 208th St Intersection Improvements: The replacement of existing
storm pipe is anticipated to proceed during the week of April 17 as weather
permits. This work will be followed by the remainder of the curb/gutter & sidewalk
replacement, final paving restoration, striping, and traffic loop replacement.
• S 228th Street Grade Separation: In association with our grade separation project on
S 228th Street, Puget Sound Energy (PSE) is in the process of raising their power
transmission lines near the Green River Trail and the UPRR tracks. These lines are
being raised in order to facilitate the construction of our crossing over the UPRR
tracks and the Green River Tails. Following is a current breakdown of their
completed and ongoing activities:
o 4/10/17 to 4/28/17 – A 2nd power outage will go into effect in order to
complete pole erection and to transfer the power lines to the new taller poles.
o Closure of the Interurban Trail with a detour route is implemented. This
closure will be in place 24/7 for user safety until the conclusion of PSE’s work.
In order to complete all of the required activities within the scheduled power
outages, crews may be working around the clock and on weekends. Traffic will be
impacted on S. 228th St during these activities.
Environmental
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• Upper Mill Creek Dam – Coordinating with the Muckleshoot and Corps of Engineers
related to fisheries impacts from the dam work and additional mitigation
requirements.
• S. 208th St. Improvements – Plans circulated for final review. Comment deadline is
Friday, April 14.
• Clark Springs/Rock Creek Habitat Conservation Measure 6 – Preparing for
advertisement for construction bids on April 25.
• Meeker Street and downstream storm system cleaning – Project kickoff meeting on
Wednesday, April 12.
• Milwaukee II Levee Improvements – Project kickoff meeting for alternative analysis
was on April 12.
• Lower Russell Road Levee – Mediated project meeting with Muckleshoot, Water
Resource Inventory Area (WRIA) 9, and King County staff was on April
12. Beginning Inter Local Agreement discussions.
• Frager Road Levee – Meeting with Federal Emergency Management Agency (FEMA)
was on April 13 regarding downstream levee termination options.
• Federal Way Link Extension – Coordinating with Economic Community Development
and Sound Transit on watershed storm water issues around the proposed Midway
Station.
• Landsburg Mine – Reviewing Ecology Responsiveness to Comments on Consent
Decree and Draft Cleanup Action Plan. Anticipating issuance of Final Cleanup Action
Plan shortly.
Transportation
• On March 7, staff attended the King County Regional Transportation system initiative
which was mainly about King County looking for regional funding for road
maintenance.
• Demo cameras for BNSF railroad have arrived. DVRs have been purchased and
deployed. 259th and Titus will have demo cameras installed by the end of April and
communication is needed for 212th to bring video back to the office. The BNSF called
to invite city staff on site to explain how the railroad crossings function and to gain a
better understanding of the process the BNSF crews need to go through when
crossing arms are stuck in the down position.
Streets: Crews will be doing hot patch repairs on 84th north of 188th, 192nd east of 84th, the
Woodland Way Tennis Club, filling potholes citywide and coring city streets on 208th
between SR 167 and 108th. The Concrete crew will be stripping, backfilling and
pouring sidewalks on the 104th between 236th and 240th. Vegetation crews will be
performing regular pond maintenance at ponds throughout the city, mowing and line
trimming at water tank sites, pulling weeds and cleaning traffic islands, and cleaning
the Russell Road Wetland and the Kensington Wetland. The Sign crew will be
replacing signs at 104th between 256th and 272nd, 260th between 108th and 104th,
272nd between 104th and 108th, 264th between 108th and 104th, 206th and 84th, 104th
and 108th.
Water: The Source & Supply section will be painting at Armstrong Springs and Pump
Station #7, installing a flow meter at the 3.5 Tank, programming at Guiberson and
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back-ups on batteries. Water Distribution staff continue with Air-Vac maintenance
and inspections, installing a water service at 262nd and W Valley and replacing an air-
vac on 94th. The Hydrants and Large Meters section will be replacing a large meter
at the Shafran Mobile Home Park.
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Utilities
• Sewer: Crews will be cleaning lines and performing their pump station weekly’s.
The Vactor trucks and the TV truck will be cleaning and inspecting lines from 209th to
216th and 37th Pl to Frager Road.
Storm: The project crew will be installing a berm on 100th. A vactor truck will be
cleaning for TV’ing on W Smith and 4th. National Pollutant Discharge Elimination
System (NPDES) crews will be pumping on 248th and 35th, 277th and 47th, 277th and
Pacific Highway.
Fleet/Warehouse: The Radio shop is setting up new vehicles, programming radios and
organizing the new Radio room. Staff is working on vehicle repairs, emission testing and
monthly air brake inspections.
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EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION
ADJOURNMENT