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City Council Meeting - Council - Agenda - 9/5/2017
adccW15902 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 September 5, 2017 This page intentionally left blank. KENT CITY COUNCIL AGENDAS September 5, 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 ******************************************************************** WORKSHOP AGENDA 5 p.m. Subject Speaker Time Naden Avenue Assembly Update Kurt Hanson 10 min Riverbend Sustainable Business Plan Julie Parascondola 80 min COUNCIL MEETING AGENDA 7 p.m. 1.CALL TO ORDER/FLAG SALUTE 2.ROLL CALL 3.AGENDA APPROVAL Changes from Council, Administration, or Staff 4.PUBLIC COMMUNICATIONS A. Public Recognition B. Proclamation for Jaleen Roberts Day C. Proclamation for National Recovery Month D. Proclamation for Constitution Week E. Proclamation for Mayor’s Day of Concern for the Hungry F. Community Events G. Economic and Community Development Update H. Intergovernmental Reports 5.PUBLIC HEARING A. Six-Month Moratorium/Interim Official Control – Prohibiting Community Health Engagement Locations (Safe Injection Sites) B. Resolution for Surplus of Morrill Meadows Park Property for YMCA Construction and Removal of Certain Restricted Covenants – Adopt 6.PUBLIC COMMENT - Please state your name and address for the record. You will have up to 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. 7.CONSENT CALENDAR A. Minutes of August 15, 2017, Workshop and Council Meeting – Approve B. Payment of Bills - Approve C. Kent Corrections Facility Program/Kent Police Department Fees Resolution – Adopt D. JDE Professional Services Agreements – Authorize E. Panther Lake Police Substation – Second Amendment to Lease Agreement – Authorize F. Consolidating Budget Adjustment Ordinance for Adjustments between April 1, 2017, and June 30, 2017 – Adopt G. Amendment to Consultant Services Agreement with Raedeke Associates, Inc. for Environmental Consulting – Authorize H. Amendment to Consultant Services Agreement with Theresa Dusek Consulting for Environmental Consulting – Authorize I. Hawkesbury West Final Plat - Approve J. 2017 Second Quarter Fee-in-Lieu Funds – Accept K. Senior Center Flooring Replacement Project – Accept as Complete L. Consultant Services Agreement with JECB for South 212th Way Overlay Project – Authorize M. Transportation Improvement Board Acceptance of Grant Funds for South 224th Street Project – Accept N. 2018 Mid-Biennium Budget Adjustment – Set Date for First Public Hearing O. 2018-2023 Capital Improvement Plan – Set Date for First Public Hearing P. Copper Ridge Bill of Sale – Accept 8.OTHER BUSINESS 9.BIDS A. Hawley Road Levee Connection to SR 167 Project – Award B. Horseshoe Bend Levee Storm Outfall Pipe Slip Lining Project – Award 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 A)Naden Avenue Assembly Update, Kurt Hanson B)Riverbend Sustainable Business Plan, Julie Parascondola This page intentionally left blank. AGENDA APPROVAL Changes from Council, Administration, or Staff This page intentionally left blank. PUBLIC COMMUNICATIONS A)Public Recognition B)Proclamation for Jaleen Roberts Day C)Proclamation for National Recovery Month D)Proclamation for Constitution Week E)Proclamation for Mayor’s Day of Concern for the Hungry F)Community Events G)Economic and Community Development Update H)Intergovernmental Reports PROCLAMATION WHEREAS, behavioral health is an essential part of health and one's overall wellness; and WHEREAS, prevention of mental and/or substance use disorders works, treatment is effective, and people recover in our area and around the nation; and WHEREAS, preventing and overcoming mental and/or substance use disorders is essential to achieving healthy lifestyles, both physically and emotionally; and WHEREAS, we must encourage relatives and friends of people with mental and/or substance use disorders to implement preventive measures, recognize the signs of a problem, and guide those in need to appropriate treatment and recovery support services; and WHEREA$ in 2011, 3.8 million people received specialty treatment for a substance use disorder and more than 3'1.6 million adults aged 18 or older received services for mental disorders, according to the 2011 National Suruey on Drug Use and Health. Given the serious nature of this public health problem, we must continue to reach the millions more who need help; and WHEREAS, on October 1, 2013 as a result of the Affordable Care Act, more than 11 million uninsured individuals with behavioral health needs will become eligible for affordable insurance coverage for their treatment needs, according to the 2011 National Suruey on Drug Use and Health. We must ensure that all of these individuals are successfully enrolled into coverage; and WHEREAS, to help more people achieve and sustain long-term recovery, the U.S. Department of Health and Human Services (HHS), the Substance Abuse and Mental Health Services Administration (SAMHSA), the White House Office of National Drug Control Policy (ONDCP), and The City of Kent, Washington invite all residents of Kent to participate in Nafional Recovery Month and NOW, THEREFORE, l, Suzette Cooke, Mayor of Kent, do hereby proclaim the month of September 2017 as National Recovery Month in the City of Kent and call upon the people of Kent to observe this month with appropriate programs, activities, and ceremonies supporting this year's theme. f n witness whereof, I have hereunto set my hand this 5th day of September,2017. KENT WÀgHrN(itoN Suzette Cooke This page intentionally left blank. PROCLAMATTON WHEREAS,September L9, 2017, marks the two hundred thirtíeth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fítting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREA| Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 16 through 22 as Constitution Week; NOW, THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim September 16 through 22, 2Ot7 as COAISTTTUTTON WEEK In the City of Kent, Washington, and I encourage our citizens to reaffirm the ideals the Framers of the Constitution had in L787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Kent to be affixed this 5th day of September,2017. KENT WAgHTNGToN Cooke, Mayor This page intentionally left blank. PROCLAMATTON Whereas, the City of Kent recognizes adequate nutrition as a basic goal for each citizen; and t. Whereas,no parent should have to send a child to school hungry, no baby should be without the comfort of the feedings needed for mental and physical growth, no elderly person's health should be jeopardized by lack of appropriate foods; and Whereas, food banks, emergency and hot meal programs stretch resources and strive each day to stem the rising tide of hunger, but still need more help; and Whereas,we believe that when Kent citizens learn of the especially serious needs of the hungry as winter approaches and budgets are stretched fufther to increasing costs--an outpouring of community assistance will follow; and Whereas,the Emergency Feeding Program coordinates an annual food drive to help support the effofts of their program and the area's food banks in fighting hunger, and will be held at grocery stores throughout King County on Saturday, September L6,2OL7; NOW THEREFORE, l, Suzette Cooke, Mayor of Kent, do hereby proclaim September L6,20L7 as MAYOR'S DAY OF CONCERN FOR THE HUNGRY in the City of Kent, Washington, and I encourage all citizens to join with the Emergency Food Program and our food banks to help feed those who are hungry. Donate food and volunteer for a shift at a participating store on September 16th. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 5th day of September 2OL7. KENT WasHrNoloN Cooke, Mayor This page intentionally left blank. Agenda Item: Public Hearing – 5A_ TO: City Council DATE: September 5, 2017 SUBJECT: Six-Month Moratorium/Interim Official Control – Prohibiting Community Health Engagement Locations (safe injection sites) SUMMARY: State law requires that the city hold a hearing on the moratorium and interim official control ordinance within 60 days of its passage. Today has been set as the date of the public hearing on the Community Health Engagement Locations (safe injection sites) moratorium and interim official control ordinance, which was passed and took effect on August 15, 2017. This hearing pertains only to the Council’s passage of the moratorium and interim official control regarding Community Health Engagement Locations or safe injection sites. The purpose of the hearing is to consider comments from the public so that the council can be more fully informed as it determines what, if any, regulations to place on Community Health Engagement Locations or safe injection sites in the city of Kent. That topic—and no other—may be addressed during the public hearing. The council will consider all views expressed in writing or in person regarding the ordinance. At the close of the public hearing, the council does not need to take any further action. Before council opens the public hearing, the city attorney may make a brief presentation to council regarding the ordinance and the regulatory process. EXHIBITS: Ordinance No. 4250 BUDGET IMPACTS: None MOTION: Public hearing only. No motion required. This page intentionally left blank. 'RDTNAN.E No.lzso AN ORDINANCE of the City Council of the City of Kent, Washington, adopting section 15.08.550 of the Kent City Code, imposing a land use moratorium and an interim official control regarding the prohibition of community health engagement locations, safe injection sites, and other uses or activities designed to provide a location for individuals to consume illicit drugs. RECITALS A. In September 2016, the Heroin and Opioid Addiction Task Force convened by King County and Seattle recommended a comprehensive strategy focusing on prevention and increasing access to addiction treatment on demand. B. In January 2OL7, the King County Executive and Seattle Mayor announced they would move forward on the complete set of recommendations including the establishment of facilities referred to as Community Health Engagement Locations (safe injection sites), C. Community Health Engagement Locations or similar sites inherently attract criminal activity as the drugs consumed at those sites are themselves illegal, and locating sites in the City of Kent may attract additional criminal activity such as drug trafficking, burglary, and theft. D. In June 2Ot7, the King County Council voted to limit establishment of Community Health Engagement Locations (safe injection Adopt KCC 75.O8.55O - Re: Prohibiting Safe f njection Sr'tes 7 sites) only to cities whose elected leaders choose to locate these facilities in their communities. E. In order to thoughtfully respond to this rapidly emerging policy issue, the City Council strongly prefers preserving the status quo by prohibiting uses and activities in the City of Kent that are established and designed to provide a location for individuals to consume illicit drugs. F. State laws, RCW 354.63.220 and 36.704.390, allow for the immediate adoption of a moratorium or interim official control without holding a public hearing, so long as the City Council holds a public hearing on the ordinance within sixty days of the ordinance's adoption. G, The City Council adopts the foregoing as its findings of fact justifying adoption of this moratorium and interim official control to protect the public health, safety, and welfare of the residents of the City of Kent. NOW, THEREFORE, THE CIry COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 7, - Imposition of Moratorium as an Interim Official Land Use Control. A moratorium and an interim official control prohibiting the locating of Community Health Engagement Locations, or safe injection sites, within the city is hereby imposed for six (6) months, and Chapter 15.08 of the Kent City Code is amended to adopt a new section 15.08.550 as follows: Section 15.08.550 Use prohibited in all zon¡ng districts. Community Health Engagement Locations (CHELS) designed to provide a hygienic environment where individuals are able to consume illegal or illicit drugs intravenously or by any other means are prohibited in all zoning Adopt KCC 75.O8.55O - Re: Prohibiting Safe Injection Sr'tes 2 districts in the city. A CHEL includes all uses established or activities undertaken for the above-defined purpose, irrespective of how the use or activity is described. A CHEL may also be referred to as a medically supervised injection center, supervised injection site or facility, safe injection site, fix room, or drug consumption facility, SECTION 2. - Duration and Scope of Interim Official Control. Pursuant to RCW 35A.63.220 and 36.704.390, this interim official control is recommended to be in effect for a period of six (6) months. This interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. SECTION 3. - Public Hearing. Pursuant to RCW 354.63.220 and 36.704.390, the City Council shall hold a public hearing on this interim official control within sixty (60) days of its adoption, so as to hear and consider public comment and testimony regarding this interim official control. Following such hearing, the City Council may adopt additional findings of fact and may extend the interim official control for a period up to an additional six (6) months. SECTION 4, - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. - Findings of Fact The findings contained in this Ordinance are hereby adopted as Findings of Fact to justify adoption of this moratorium and interim official control Adopt KCC 75.O8.55O - Re: Prohibiting Safe Injection Sites 3 SECTION 6, - Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 7, - Effective Period. The moratorium and interim official control shall take effect immediately after passage, and shall be in effect for a period of six (6) months thereafter, and shall automatically expire at the conclusion of that six-month period unless the same is extended as provided in RCW 35A.63.220 or RCW 36.70A.390, or unless terminated sooner by the City Council. SU COOKE, MAYOR ATTEST: KIMBERLEY MOTO, CITY ERK APPROVED AS TO FORM: BRU CITY ATTORNEY DArE APPRoVED: lb day of DATE PUBLISHED, tB day of 201.7 20t7 Adopt KCC 75.O8.55O - Re: Prohibiting Safe fnjection Srtes t 4 Agenda Item: Public Hearing – 5B_ TO: City Council DATE: September 5, 2017 SUBJECT: Resolution for Surplus of Morrill Meadows Park Property for YMCA Construction and Removal of Certain Restricted Covenants – Adopt SUMMARY: As explained more fully in the attached resolution, the city is in the process of a joint venture with the YMCA of Greater Seattle to construct a new, $26 million YMCA facility in a portion of the city’s Morrill Meadows/East Hill Park. The city’s surplus property code requires a public meeting before the council can declare the property surplus, and a new public law also requires a public hearing if a restrictive covenant on the property will be removed as part of the sale. In this case, some of the affected park property is restricted for outdoor recreational use only by the state Recreation and Resource Conservation Office (RCO). Since the YMCA facility will be for indoor recreation, the outdoor recreation restriction will have to be removed, and in accordance with the new law, a public hearing is required. As required by the RCO, however, the City will locate and designate replacement outdoor recreation property to compensate for this loss of use. City staff will provide a presentation on this proposal before inviting testimony from the public. EXHIBITS: Resolution and its attached exhibits RECOMMENDED BY: Administration; Parks, Recreation, and Human Services Director YEA: N/A NAY: N/A BUDGET IMPACTS: None; once negotiated, there will be project costs, which will be presented to the city council for approval. MOTION: Adopt Resolution authorizing the surplus of certain portions of Morrill Meadows/East Hill Park to allow the YMCA of Greater Seattle to construct a new indoor recreational facility, authorizing the removal of certain restricted covenants on the property in accordance with Recreation and Resource Conservation Office requirements, and authorizing the mayor to take all necessary actions in accordance with this resolution. This page intentionally left blank. 1 Resolution Morrill Meadows/East Hill Park Property YMCA Conveyance RESOLUTION NO. ___________ A RESOLUTION of the city council of the city of Kent, Washington, approving consideration of a portion of the City’s Morrill Meadows/East Hill Park for development of a new YMCA facility, declaring the property to be surplus in order to facilitate the YMCA improvements, approving the removal of restrictive covenants related to outdoor recreation subject to approval of the state Recreation and Conservation Office, and authorizing the Mayor to take all appropriate actions to negotiate terms to convey the property for sale or lease as one or more parcels, subject to approval by the city council. RECITALS A. Pursuant to RCW 35A.11.010, the City is authorized to dispose of real property for the common benefit. B. Approximately three years ago, representatives of the YMCA of Greater Seattle approached City representatives with a conceptual proposal to construct a YMCA facility in Kent. C. The City and the YMCA agreed that a new YMCA facility would provide a significant benefit to the community and eventually concurred that the best location for the new facility would be to develop the facility within the easterly portion of the City’s Morrill Meadows/East Hill Park. D. On October 23, 2015, the City and the YMCA entered into a Memorandum of Agreement that outlined the general principles to be 2 Resolution Morrill Meadows/East Hill Park Property YMCA Conveyance employed between the parties to begin the joint development of the new YMCA building. E. The current project proposal concept includes construction of an approximately 50,000 square foot building with a swimming pool larger than the YMCA’s standard for a community facility of this size, as well as options for facility use that will bring particularized benefit to Kent residents. The City would convey to the YMCA the necessary property to construct the facility and any agreed adjoining improvements. Transfer of the property needed for the YMCA facility would occur by deed, and other adjoining improvements in the joint use area or affected adjoining areas may be subject to lease. The scope of the project, property ownership issues, and construction responsibilities are subject to continued negotiations. F. Pursuant to the City’s surplus property process, the city council determined on June 6, 2017, to start considering whether the City should surplus the property needed for the YMCA project. In accord with Chapter 3.12 of the Kent City Code, the City published timely notice to the public, posted notice as required by the ordinance, and mailed notice to nearby property owners that the City would be considering whether to surplus the affected Morrill Meadows/East Hill Park property in order to facilitate the construction of the YMCA project. Because the City entered into the Memorandum of Agreement with the YMCA before the city council enacted Chapter 3.12 of the City code, details of the proposed transfer to the YMCA are more advanced than would normally occur under the City’s surplus provisions, and accordingly, those details are provided in this resolution. G. On July 23, 2017, House Bill 1959, the “land covenant preservation and transparency act,” took effect. This act requires that, when a local government agency intends to remove a restrictive covenant from real property, it should be through an open process subject to a public hearing. 3 Resolution Morrill Meadows/East Hill Park Property YMCA Conveyance H. Portions of the property that will be used for the YMCA building and the adjoining parking area were purchased through grants from the state Recreation and Conservation Office (RCO). A condition of these grants was that the property would be used only for outdoor recreation. Because the YMCA facility and the parking areas that will serve it will be used for indoor recreation, the grant restriction will have to be removed. I. In order to remove the restriction, the City will have to obtain property of equal outdoor recreational value to replace the area being removed from outdoor recreation use, all subject to the RCO’s prior approval. The City and the RCO have commenced the process to locate suitable replacement property. Once that is accomplished, there will be no net loss of outdoor recreational use and value. J. On August 18, 2017, the City’s State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non-Significance for the surplus property proposal. K. Having complied with the procedures and provisions of the Kent City Code relating to consideration of City-owned property for surplus, and having complied with the public hearing requirements of the land covenant preservation and transparency act, the city council has determined that it is appropriate and timely to surplus those portions of Morrill Meadows/East Hill Park needed to support the construction of the new YMCA facility. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION 4 Resolution Morrill Meadows/East Hill Park Property YMCA Conveyance SECTION 1. – Recitals Incorporated. The foregoing recitals are incorporated into the body of this resolution and constitute the findings of the Kent City Council on this matter. SECTION 2. – Public’s Best Interest. It is in the public’s best interest that the portions of the Morrill Meadow/East Hill Park be converted by sale or lease to use by the YMCA of Greater Seattle for a new community recreation facility. SECTION 3. – Property Deemed Surplus. To fulfill the public meeting requirement for surplus property under Chapter 3.12 of the Kent City Code, a public hearing was held on September 5, 2017, at a regular meeting of the Kent City Council. After due consideration, the Morrill Meadow/East Hill Park property described in the recitals and bordered in red on Exhibit A is declared surplus property and the area bordered in green is declared surplus to the extent the City will no longer have exclusive use of that area. The city council makes this surplus determination in order to allow for the future transfer of the property to the YMCA and to gain the recreational value to be received by that transfer. The Mayor is authorized to take all appropriate acts to fulfill the decisions made by this resolution, but any final joint development agreement, sale, or lease of the property must first be approved by the city council. SECTION 4. – Land Covenant Preservation and Transparency Act. A public hearing was held on September 5, 2017, at a regular meeting of the Kent City Council to receive testimony on the subject of removing grant and deed requirements that restrict portions of the property for outdoor recreational use, because after project completion, the YMCA building and certain related areas will be used for, or in support of, indoor recreation. The areas affected are outlined in blue on Exhibit B (red areas are not encumbered by RCO restrictions). The City, in conjunction with the RCO and only upon approval by the RCO, will obtain property of equal outdoor 5 Resolution Morrill Meadows/East Hill Park Property YMCA Conveyance recreational value to replace the portions removed from outdoor recreational use caused by the YMCA’s project. SECTION 5. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 6. – 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 7. – 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 6 Resolution Morrill Meadows/East Hill Park Property YMCA Conveyance APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, DEPUTY CITY ATTORNEY EXHIBIT A EXHIBIT B PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A_ CONSENT CALENDAR 7.City Council Action: Councilmember ________ moves, Councilmember ________ seconds to approve Consent Calendar Items A through P. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the council workshop and meeting of August 15, 2017. This page intentionally left blank. Kent City Council Workshop August 15, 2017 Minutes Kent, Washington Pending Approval Date: August 15, 2017 Time: 5 p.m. Place: Council Chambers East/West Attending: Bill Boyce, Council President Jim Berrios, Councilmember Tina Budell, Councilmember Brenda Fincher, Councilmember Dennis Higgins, Councilmember Dana Ralph, Councilmember Les Thomas, Councilmember Council President Boyce opened the meeting at 5:04 p.m. Agenda: 1.Construction Inflation: Carla Maloney, Public Works Design Engineering Manager, presented information regarding construction inflation. Carla provided information regarding recent bid history and the percentages over/under the engineers estimates. Details were presented regarding the changing bid environment due to: sustained economic growth and development, sustained population growth, voter approved funding and infrastructure, and resource availability. Carla indicated that economic growth impacts the bidding climate, including the availability of resources, qualified staff, contractors, and consultants. 2.Sound Transit Auburn/Kent Sounder Station Access Improvement Project: Sandra Fann, Project Manager and Karen Kitsis, High Capacity Transit Corridor Director, presented information on the Sound Transit Auburn/Kent Sounder Station Access Improvement Project. Karen indicated that Sound Transit is facing the same challenges as the City regarding inflation costs. Sound Transit sets contingency levels that are higher to allow for growth in the market and changes over time. It was indicated that ST3 funding is for new projects. The presentation included the project purpose – “To increase access for all riders to the Kent Sounder Station,” with a project budget of $65 million in 2017 dollars. The scope of the project includes planning efforts that will determine the most effective and affordable mix of improvements. The project timeline includes alternatives development and screening during 2016 and 2017, environmental Page 1 of 3 Kent City Council Workshop August 15, 2017 Minutes Kent, Washington Pending Approval review and preliminary design 2018 – 2019, final design 2019-2021, construction 2021-2023, with an anticipated opening to the public in 2023. Information was provided regarding how riders are getting to the Kent Station, including 51% that are arriving by driving and parking their cars at the Kent Station, project goals and objectives, including improving access to transit at the station, advance environmental/sustainability goals of Sound Transit and the community, improvements can be implemented in a timely manner, and support of regional and community goals. Sandra reviewed potential priority non-motorized improvements that can be made at an estimated cost at $2.9 million. Information was presented regarding potential sites for the location of a new parking garage and the associated cost estimates, including the East James Street lot (Site #1), the Kent Station site (Site #2), the Railroad Avenue site (Site #3), and the Kaibara Park site (Site #4). Information was presented regarding the next steps for the project, including a stakeholder meeting, open house during late August/early September, and the path for a preferred alternate recommendation through council, committees and Sound Transit committees and board. Federal Way Link Extension Update Charlene Anderson, Long Range Planning Manager, presented information regarding the Kent/Des Moines Station Concept, including the proposed relocation of transmission lines for Puget Sound Energy. Charlene provided details regarding the design of the garage, proposed uses of open space, landscaping, and amenities. Barbara Luecke, Art Program Manager with Sound Transit, gave a brief introduction on the process Sound Transit has used to address the City’s High Capacity Transit Code requiring a locally-determined design theme to help guide the development of architecture and art for the planned Kent/Des Moines and South 272nd Star Lake stations. Barbara reviewed the project goals that will have a theme development process focusing on the characteristics that will best serve the future station design teams and artists. Page 2 of 3 Kent City Council Workshop August 15, 2017 Minutes Kent, Washington Pending Approval Charlene Anderson indicated that her team will present any issues to the September Economic and Community Development committee. Dan Abernathy, Executive Project Director, presented information regarding the timeline of the project. The meeting concluded at 6:37 p.m. Kimberley A. Komoto City Clerk August 15, 2017 Page 3 of 3 This page intentionally left blank. Kent City Council Regular Meeting August 15, 2017 Minutes Kent, Washington Pending Approval Date: August 15, 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 Mayor Cooke – Present Council President Boyce - Present Tina Budell, Councilmember - Present Jim Berrios, Councilmember - Present Brenda Fincher, Councilmember – Present Dennis Higgins, Councilmember - Present Dana Ralph, Councilmember - Present Les Thomas, Councilmember - Present 3.Changes to the Agenda None Council President Boyce moved to approve the agenda, seconded by Councilmember Higgins. The motion passed with a vote of 7-0. 4.Public Communications A. Public Recognition: i.USSSA Conference Men’s and Women’s Major Tournament Presentation Dave Heldt, Parks and Recreation Program Coordinator, presented information regarding the USSSA Conference men’s and women’s major tournament, including challenges, and the economic benefits to the city and area businesses. Don Cooper, Director of Marketing and Sponsorship with Easton Sports indicated that the tournament hosted 84 teams and brought in $234,000 in lodging revenues. Don indicated his desire to foster a conversation to make Kent the tournament’s Page 1 of 11 Kent City Council Regular Meeting August 15, 2017 Minutes Kent, Washington Pending Approval hometown. Strojan Kennison, Washington State Director of United States Specialty Sports Association (USSSA), expressed his appreciation for the assistance Dave Heldt provided for this tournament. Storjan indicated that “Dave is the best in the country,.” And conveyed that this year’s tournament was the most successful tournament in the country. Councilmember Higgins recognized the Kent Police Department and the special person that helped bring justice to the families of Louisa Campos and Robert Dias. Councilmember Thomas provided an update on the young man that nearly drown at Lake Meridian. B. Appointments to the Cultural Communities Board: Mayor Cooke introduced new and reappointed members to the Cultural Communities Board. Guystave Sebatware is from the Congolese community and expressed his desire to serve on the board to get more engaged in the community so that he can help community members understand resources available throughout the City. Sara Franklin-Phillips expressed her desire to serve on the board because she has a passion for committee service. Vaivao Semisi-Tupou represents the Pacific Island community and expressed his desire to help involve the Pacific Island community into Kent - a welcoming city. Marvin Eckfeldt represents the European American community. Marvin has been a Kent resident for 50 years. Marvin expressed his excitement over the board’s vision of “The world has come to Kent,” and indicated he is excited to participate in inclusion and acceptance. He indicated he is refreshed, encouraged, and hopeful. Yusuf Bashir represents the Somali community and expressed his excitement to continue doing great things for the community. Satwinder Kaur represents the Sikh community and is honored to be reappointed to the board. She is excited to bring communities together and to work on issues and concerns of the residents. Mizanur Rahman represents the Bangladesh community and is honored to be reappointed to the board so that he can continue his efforts to integrate his community into the city. Page 2 of 11 Kent City Council Regular Meeting August 15, 2017 Minutes Kent, Washington Pending Approval Davies Chirwa represents the Central African community. Davies expressed his appreciation for being able to work with both the youth and the elderly in the community. Norma Maldonado is Peruvian and is appreciative for her ability to advocate for the Hispanic community in Kent. Samiha Bhuiyan is of Bengalese descent and indicated that she hopes to help resolve conflicts among the youth throughout the community. Ted Schwarz is of European descent and expressed his appreciation of the Mayor’s creation of the Cultural Communities Board that recognizes cultural diversity. C. Community Events: Council President Boyce provided details regarding upcoming events at the ShoWare Center. Visit ShoWareCenter.com for additional details. Councilmember Ralph advised that this is the last week to enjoy the summer concert series at Town Square Plaza, Kent Station, and Lake Meridian Park. Councilmember Ralph invited the public to attend and participate in the Officer Down 5K community fun run that honors police officers. The run is on August 19th at Three Friends Fishing hole and starts at 8 a.m. D. Public Safety Update: Assistant Chief Padilla presented information regarding National Night Out, held on August 1st. There were 91 events, 32 teams, and 87 representatives that visited events throughout the city. A special thanks was given to John Pagel, the City’s Community Education Coordinator and Stacey Judd, Public Education Coordinator, for their work organizing and hosting the event. Assistant Chief Padilla provided details regarding the officer-involved shooting on August 9th, in addition to providing details regarding the recent arrest of a suspect involved in the homicide of Louisa Campos and Robert Dias from last August. Information was also provided regarding recent street racer emphasis. Assistant Chief Padilla provided a brief background of Officer Albert Kim. Mayor Cooke conducted the swearing in of Officer Albert Kim. Assistant Chief Padilla presented Grant Crosby and Antonio Trujillo with Citizen Commendations for their help in assisting Officer Jason Clift on April 24, 2017. E. Intergovernmental Reports: Council President Boyce serves on the Sound Cities Association Public Issues Committee. No Report. Page 3 of 11 Kent City Council Regular Meeting August 15, 2017 Minutes Kent, Washington Pending Approval Councilmember Budell serves on the Sound Cities Association Domestic Violence Initiative Committee, the next meeting is scheduled for August 17th with agenda items regarding the firearm process improvement, a prosecution update, and child advocacy center about domestic violence and firearm surrender program. Councilmember Higgins, serves on the King County Regional Transit Committee. The July 19, 2017, agenda included a report on speed and reliability for 2016, the In-Motion program that is tailored marketing about services in community – Kent will be the target of another addition to the In-Motion report in the next few years, and a report on metro connects – capital improvement projects. Councilmember Boyce serves on the Puget Sound Regional Council Economic Development Board. The Board anticipates having an updated draft to the regional economic strategy by August 23rd. At the September 6, 2017, meeting, the board anticipates approving the final economic strategy. Councilmember Ralph serves on the Transportation Policy Board. No Report. Councilmember Ralph serves on the Sound Cities Association Board. No Report. Councilmember Ralph serves on the South County Area Transportation Board. During the August 15, 2017, meeting, the board heard a report on alternative services (Community Connections) by Metro. The program provides public transportation to parts of King County that don’t have infrastructure and have gaps in service. Councilmember Fincher serves on the Mental Illness and Drug Dependency Council. The next meeting will be held August 24, 2017, with an agenda item to discuss the plan to send their budget and program of work to the King County Council. Councilmember Ralph serves on the King Conservation District Advisory Council. The plan of work was presented to the King County Council today by Councilmember Ralph, the Vice-Chair and Mayor John Stokes of Bellevue, the Chair of the King Conservation District Advisory Council. 5.Public Hearing None. 6.Public Comment Susan Olson, a resident of Kent, spoke in support of safe injection sites and sited statistics. Phil Mocek, a resident of Tacoma, spoke in support of harm reduction tactics, including safe injection sites. Page 4 of 11 Kent City Council Regular Meeting August 15, 2017 Minutes Kent, Washington Pending Approval Kris Nyrup, a resident of Seattle, spoke in support of Community Health Engagement Locations (CHELs), also known as “safe injection sites,” including the costs related to medical care related drug overdoses. Amelia Bertozzi-Villa, a resident of Seattle and an epidemiologist who has published work on opiate mortality, spoke regarding the health system in King County. She requested that the Council vote against the ordinance banning safe injection sites. John Naegle, a resident of Auburn, spoke in opposition of safe injection sites and lobbied for long-term treatment programs to make facilities accessible to addicts. Yanko Kusaisa, a resident of Auburn, spoke in opposition of safe injection sites and requested the council put programs in place to help get people off drugs rather than enabling addicts. Matt Baum, a resident of Kent, spoke in opposition of safe injection sites. Steven Smith, a resident of Kent, expressed his appreciation for the new sidewalks on 260th street. Mr. Smith also spoke in support of helping people with mental health issues rather than safe injection sites. Turina James, a resident of Auburn, spoke in support of safe injection sites. She requested the Council help save lives. Jane Cutter, a resident of Sea Tac, spoke in support of safe injection sites. J.S. Pate, a resident of Kent, spoke in opposition of safe injection sites. Patricia Sulley, a resident of Tacoma, staff attorney for the Public Defender Association, and member of the King County Heroin, Opiate, and Addiction Task Force, detailed recommendations from the Task Force and expressed her support of supervised consumption spaces. Heather Oslau, a resident of Kent, spoke in opposition of safe injection sites. Haley Higgins, a resident of Kent and senior at the University of Washington studying public health, spoke in support of safe injection sites that are centered on harm reduction. Francesca Collins, a resident of Seattle, spoke in support of safe injection sites and indicated she is an advocate for public health. T.J. Pederson, a resident of Kent, spoke in opposition of safe injection sites and indicated the City of Kent is not ready for these sites. Mr. Pederson indicated that Page 5 of 11 Kent City Council Regular Meeting August 15, 2017 Minutes Kent, Washington Pending Approval Kent does not have the infrastructure to care for the homeless and mentally ill, nor do they have the police resources. Gwen Allen-Carston, a resident of Kent, Executive Director of Kent Black Action Commission, and business owner on the East Hill of Kent, spoke in opposition of safe injection sites. Ms. Allen-Carston invited the public to attend a tribute to the March on Washington, on August 26, 2017, from 10-2 p.m. at the Burlington Green Park which is located at Railroad Avenue North & West Meeker Street in downtown Kent. She encouraged everyone to take a stand against hate. Mari Love, a resident of Kent, expressed her concern over the recent police shootings and the black community. She requested more accountability through the implementation of police/vehicle cameras. 7.Consent Calendar Council President Boyce moved to approve the Consent Calendar items A through I seconded by Councilmember Thomas. The motion passed with a vote of 7-0. A. Minutes of Previous Meetings and Workshops – Approve The minutes of the regular council meeting of August 1, 2017, were approved. B. Appointments to the Cultural Communities Board – Confirm Council confirmed the appointments of Guystave Sebatware, Sara Franklin-Phillips, Ted Schwarz, Rand Al Hammadi, Vaivao Semisi-Tupou, Marvin Eckfeldt, Sonia Morales Osegueda, Yusuf Bashir, Hussein Al Kinani, Cesar Rangel, Satwinder Kaur, Sharnshoke Kaur, Mizanur Rahman, Davies Chirwa, Norma Maldonado, Samiha Bhuiyan (Youth), Ta Kwe Say, Dr. Herbert Carey (Alternate), and Marwa Almusawi (Alternate), all to one-year terms that will end on July 31, 2018. C. 7-Eleven On-Site and Off-Site Improvements Project Bill of Sale – Accept Council accepted the Bill of Sale from the 24012 104th Avenue S.E. 7-Eleven on and off-site improvements project for frontage improvements. D. Bridge Inspection Services Agreement with Harris & Associates for LID 363 – South 224th Street Improvements 84th Avenue South to 88th Avenue South – Authorize The Mayor was authorized to sign a Bridge Inspection Services Agreement with Harris and Associates to provide services for the South 224th Street Improvements Project (84th Avenue South to 88th Avenue South) in an amount not to exceed $260,157.04, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Page 6 of 11 Kent City Council Regular Meeting August 15, 2017 Minutes Kent, Washington Pending Approval E. Materials Testing Contract with Mays Testing for LID 363 – South 224th Street Improvements 84th Avenue South to 88th Avenue South – Authorize The Mayor was authorized to sign a Materials Testing Contract with Mayes Testing Engineers, Inc., to provide services for the South 224th Street Improvements Project (84th Avenue South to 88th Avenue South) in an amount not to exceed $69,296.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. F. Consultant Contract with AECOM for Upper Mill Creek Dam Improvements –Authorize The Mayor was authorized to sign a Consultant Services Agreement with AECOM in an amount not to exceed $114,554.18, for the Upper Mill Creek Dam Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. Upper Mill Creek Dam Improvements King County Flood Control District Sub-Regional Opportunity Fund – Authorize The Mayor was authorized to accept the King County Flood Control District Sub- Regional Opportunity Fund in the amount of $191,815, for the Upper Mill Creek Dam Project, and to establish a budget for the funds to be spent on this project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Bahamas Final Plat – Approve Council approved the Bahamas Plat Final Plat Plan and authorize the Mayor to sign the final plans. I. Puget Sound Energy Reimbursement Agreement – Authorize The Mayor was authorized to sign a Reimbursement Agreement with Puget Sound Energy to reimburse the City of Kent for right-of-way restoration in the Star Lake and Highland neighborhoods in an amount not to exceed $213,097.50, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 8.Other Business A. Riverbend Golf Complex “Marquee on Meeker” Development Agreement – Authorize Kurt Hanson, Deputy Director of the Economic and Community Development Department, gave a brief presentation that included a timeline of events leading to tonight’s decision. Kurt reviewed the site plan, project phasing, and provided details of improvements the developer will make to Meeker Street. Kurt clarified that the Developer will construct improvements on the south side of Meeker Street in addition to the center medians, but will not construct the improvements on the north side of Meeker Street. Kurt provided specific details of the Development Page 7 of 11 Kent City Council Regular Meeting August 15, 2017 Minutes Kent, Washington Pending Approval Agreement, various vesting, the Transportation Impact Fee, and required easements and licenses. Kurt provided details regarding the retail component of the development. The Developers requested a departure from the Kent City Code. Finally, Kurt provided specific details regarding the City’s multi-family property tax exemption program. Councilmember Boyce moved to authorize the Mayor to sign the Riverbend Complex “Marquee on Meeker” Development Agreement, subject to final terms and conditions acceptable to the City Attorney, seconded by Councilmember Budell. Motion passed unanimously with a vote of 7-0. Councilmember Thomas called for the question. Council President Boyce spoke in support of his motion. Councilmember Ralph expressed her frustrations with the project and indicated that she would vote in favor of motion. She also expressed her appreciation of FNW and City staff. Councilmember Higgins indicated he would vote in favor of the motion. Councilmember Thomas indicated he would vote in favor of motion. Councilmember Berrios provided thoughts on the retail component of the project. Councilmember Fincher spoke in support of motion and her appreciation of staff and the passion of FNW. Councilmember Budell spoke in support of motion B. Six-Month Moratorium/Interim Official Control – Prohibiting Community Health Engagement Locations (safe injection sites) - Adopt Tom Brubaker, City Attorney, gave the staff presentation and indicated tonight’s action would set a temporary ban rather than a permanent ban. Council will gain information, evaluate the pros and cons to determine if they wish to allow safe injection sites in the City. A public hearing is required and is proposed to be set for September 5, 2017. If Council moves forward with moratorium, the City will begin the land use planning process that will allow for another public hearing. This begins the process of gathering information to determine what message the City will send to King County. Mr. Brubaker indicated King County’s resolution includes a provision to set aside $2.1 million dollars for sites within King County. Page 8 of 11 Kent City Council Regular Meeting August 15, 2017 Minutes Kent, Washington Pending Approval Councilmember Higgins requested Recital “C” be removed from the Ordinance, because it is contradicted by facts. Councilmember Ralph moved to adopt Ordinance No. 4250, with the removal of Recital “C”, imposing a moratorium and interim official control regarding the prohibition of community health engagement locations, safe injection sites, and other uses or activities designed to provide a location for individuals to consume illicit drugs, seconded by Councilmember Budell. Motion passed with a vote of 6-1. Councilmember Berrios - Aye Council President Boyce – Aye Councilmember Budell – Aye Councilmember Fincher – Aye Councilmember Higgins – No Councilmember Ralph - Aye Councilmember Thomas – Aye Councilmember Ralph spoke in support of her motion. Councilmember Budell spoke in support of the motion Councilmember Boyce spoke in support of the motion Councilmember Fincher spoke in support of the motion Councilmember Higgins spoke in opposition of the motion Councilmember Thomas spoke in support of the motion 9.Bids None. 10.Reports from Standing Committees, Council and Staff Council President’s Report – Council President Boyce provided information regarding the information presented during tonight’s workshop, including construction inflation, Sound Transit Auburn/Kent Sounder Station Access Improvement Project and Federal Way Link Extension. Mayor Cooke – Mayor Cooke provided a response to a posting to the Police Department Facebook page asking why the City has a Police Department Headquarters dedicated to Robert E. Lee. Mayor presented an in-depth history of Robert E. Lee, a former Kent Chief of Police Emeritus and Councilmember. Administration – Derek Matheson, Chief Administrative Officer, indicated there is no executive session and his report is in the agenda packet. Page 9 of 11 Kent City Council Regular Meeting August 15, 2017 Minutes Kent, Washington Pending Approval Derek recognized Tom Brubaker, City Attorney, Ben Wolters, Director of Economic and Community Development, Kurt Hanson, Deputy Director of Economic and Community Development, Tim LaPorte, Public Works Director, Julie Parascondola, Parks Director, and former Parks Director Jeff Watling and their staff for their hard work on the “Marquee on Meeker” Purchase and Sale and Development Agreement, along with the permitting process. Derek also thanked Tom Brubaker and his staff for their work this past week on the community health engagement locations moratorium. Economic and Community Development – Council President Boyce indicated the report is in the minutes. Operations – Councilmember Ralph indicated today’s committee recommended a budget adjustment ordinance and two grants totaling over $9 million dollars for transportation projects. She also indicated the Finance Department has developed a new method to track B&O funds. Parks and Human Services – Councilmember Fincher. The next meeting is August 17, 2017. Councilmember Fincher indicated registration for fall and winter sports opens August 21, 2017. Adaptive Recreation registration opens August 16, 2017. Visit Webreg@KentWA.gov for more information. Public Safety – Council President Boyce provided details regarding traffic school fees in addition to expanding the program to senior citizens. The committee also recommended extending the lease term of the Panther Lake police substation. Public Works – Councilmember Ralph indicated the committee discussed changes to WRIA 8, the committee reviewed of transportation grants, updates on the South 248th Street project, and had a discussion on the Hawley road levy and Horseshoe Bend levy. Puget Sound Regional Fire Authority – Councilmember Thomas advised that the August 16, 2017, meeting will be held at 5:30 p.m. at fire station 76. Councilmember Thomas indicated Matt Morris from Henderson, Nevada has been hired as the next Chief. Good of the Order Councilmember Higgins expressed his concerns over President Trump’s disturbing remarks regarding hate groups. Councilmember Fincher requested that everyone speak up and reach out to others to get to know other people. Page 10 of 11 Kent City Council Regular Meeting August 15, 2017 Minutes Kent, Washington Pending Approval Councilmember Budell indicated hate has no place in this country and requested that people step out of their comfort zone and get to know others that look different. 11.Executive Session and Action after Executive Session None. 12. Adjournment At 10:06 p.m., Mayor Cooke adjourned the meeting. Kimberley A. Komoto City Clerk August 15, 2017 Page 11 of 11 This page intentionally left blank. Agenda Item: Consent Calendar – 7B_ 7B. Approval of Bills: Approval of payment of the bills received through July 31, 2017 and paid on July 15 and July 31, 2017 after auditing by the Operations Committee on August 15, 2017. Approval of checks issued for vouchers: Date Check Numbers Amount 7/15/2017 Wire Transfers 7168 - 7181 $1,878,274.17 7/15/2017 Regular Checks 715670 - 715982 $3,645,752.76 7/15/2017 Payment + $45,720.02 Void Checks ($59.68) 7/15/2017 Use Tax Payable $6,587.69 $5,576,274.96 Approval of checks issued for payroll for July 1 through July 15 and paid on July 20, 2017: Date Check Numbers Amount 7/20/2017 Checks $0.00 Voids and Reissues 7/20/2017 Advices 390901 - 391797 $1,628,446.47 $1,628,446.47 Approval of checks issued for vouchers: Date Check Numbers Amount 7/31/2017 Wire Transfers 7182 - 7195 $1,952,049.83 7/31/2017 Regular Checks 715983 - 716433 $4,678,424.84 7/31/2017 Payment + $107,501.03 Void Checks ($0.00) 7/31/2017 Use Tax Payable $1,149.47 $6,739,125.17 Approval of checks issued for payroll for July 16 through July 31 and paid on August 4, 2017: Date Check Numbers Amount 8/4/2017 Checks $0.00 Voids and Reissues 8/4/2017 Advices 391798 - 392679 $1,626,569.82 $1,626,569.82 This page intentionally left blank. Agenda Item: Consent Calendar – 7C_ TO: City Council DATE: September 5, 2017 SUBJECT: Kent Corrections Facility Program/Kent Police Department Fees Resolution – Adopt SUMMARY: Through its adoption of Resolution No. 1793 on August 19, 2008, the Kent City Council established a number of fees for the Kent Corrections Facilities programs and the Kent Police Department. These fees were established by resolution rather than by ordinance so that the fees could be adjusted by Council without amending the text of the Kent City Code. The fees were later amended by resolution 1807 on April 21, 2009. For many years, and in accordance with KCC 9.36.130, the Kent Police Department has operated an in-person traffic safety school that educates participants in the safe and lawful operation of motor vehicles. Kent’s traffic school has been available as a condition of the diversion of Kent traffic infractions. With diversion, a person who is issued a traffic citation may be eligible to avoid the filing of the infraction if they successfully complete traffic school. Traffic school may also be ordered by the Kent Municipal Court as a condition of a sentence in a criminal case. In addition to the in-person traffic safety school, the Kent Police Department will be operating an online traffic safety school. The Kent Police Department requests the City Council adjust the current fee schedule to include a different fee for participants who participate in online traffic school, and to distinguish between the fees charged to those attending the in-person and online traffic school programs. EXHIBITS: Resolution RECOMMENDED BY: Public Safety Committee YEA: Boyce, Ralph, Thomas NAY: BUDGET IMPACTS: None MOTION: Adopt Resolution No. __ , amending the fee schedule established for the Kent Corrections Facility Programs and the fees for the Kent Police Department to add an online traffic safety school option. This page intentionally left blank. Fees Relating to Kent Corrections Facility Programs and Kent Police Department 1 RESOLUTION NO. _______ A RESOLUTION of the City Council of the City of Kent, Washington, repealing Resolution No. 1807, and readopting a fee schedule for the Kent Corrections Facility Programs and the Kent Police Department. RECITALS A. Through its adoption of Resolution No. 1793 on August 19, 2008, the Kent City Council established a number of fees for the Kent Corrections Facilities programs and the Kent Police Department. These fees were established by resolution rather than by ordinance so that the fees could be adjusted by Council without amending the text of the Kent City Code. The fees were later amended by resolution 1807 on April 21, 2009. B. For many years, and in accordance with KCC 9.36.130, the Kent Police Department has operated an in-person traffic safety school that educates participants in the safe and lawful operation of motor vehicles. Kent’s traffic school has been available as a condition of the diversion of Kent traffic infractions. With diversion, a person who is issued a traffic citation may be eligible to avoid the filing of the infraction if they successfully complete traffic school. Traffic school may also be ordered by the Kent Municipal Court as a condition of a sentence in a criminal case. Fees Relating to Kent Corrections Facility Programs and Kent Police Department 2 C. In addition to the in-person traffic safety school, the Kent Police Department will be operating an online traffic safety school. The Kent Police Department requests the City Council adjust the current fee schedule to include a different fee for participants who participate in online traffic school, and to distinguish between the fees charged to those attending the in-person and online traffic school programs. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Repealer – Resolution No. 1807. Resolution No. 1807, adopted by Council on April 21, 2009, is hereby repealed in its entirety. SECTION 2. – Fee Schedule and Fee Schedule Notes. The fee schedule attached and incorporated as Exhibit A is hereby adopted and established as the fee schedule for the city of Kent Corrections Facility Programs and the city of Kent Police Department. SECTION 3. – Savings. The fee schedule established by Resolution 1807 shall remain effective up to the date of the passage of this this resolution. SECTION 4. – Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. Fees Relating to Kent Corrections Facility Programs and Kent Police Department 3 SECTION 5. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 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 APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY P:\Civil\Resolution\Corrections-Police Department-Fees-Traffic School Fees.docx EXHIBIT A KENT CORRECTIONS FACILITIES PROGRAM AND KENT POLICE DEPARTMENT FEES SCHEDULE (Effective 08/___/17) Approved by Resolution No. ____ KENT CORRECTIONS FACILITY PROGRAM FEES:* Type of Fee Fee Program Application Fee (Kent Defendant) $30 per application Program Application Fee (Outside Agency Defendant) $40 per application Home Detention (Kent Defendant) $20 per day Home Detention (Outside Agency Defendant) $50 per day Work Release (Kent Defendant) $35 per day Work Release (Outside Agency Defendant) $50 per day Day Detention (Kent Defendant) $10 per day Day Detention (Outside Agency Defendant) $50 per day Waiver: The corrections facility may, at its sole discretion, waive all or any portion of the program fees in order to make such programs available to the indigent, poor, or infirm, or in order to effectively manage the inmate population of the jail. KENT POLICE DEPARTMENT FEES: Type of Fee Fee In-Person Traffic School $100 per student Online Traffic School $136 per student Fingerprinting Services (City of Kent Resident) $10 Fingerprinting Services (Non-Resident) $15 Agenda Item: Consent Calendar – 7D_ TO: City Council DATE: September 5, 2017 SUBJECT: JDE Professional Services Agreements – Authorize SUMMARY: The Information Technology, Finance and Human Resources Departments need to contract with Denovo Ventures to augment city staff for some project and operational support of the city’s JD Edwards EnterpriseOne system. These professional services are needed to support and upgrade of the current 9.1 system to version 9.2 as well as on-going development and day to day operational support of the JDE system. BACKGROUND: The City has used the services of Denovo Ventures for past JDE projects which have included: •Upgrade JDE to version 8.12 in 2008 •Upgrade JDE to version 9.0 in 2012 •Upgrade of JDE Tools to 9.1.5 in 2015 As such, Denovo personnel have a high level of knowledge and understanding of our system and environment and are able to quickly come up to speed on our project and efforts as they relate to the system. EXHIBITS: Denovo Ventures LLC Master Service Agreement Addendum Denovo Ventures LLC Statement of Work in support of JDE Upgrade ($36,750) Denovo Ventures LLC Statement of Work for ad hoc project and operational support of JDE System ($123,250) RECOMMENDED BY: Operations Committee YEA: Boyce, Thomas, Ralph NAY: BUDGET IMPACTS: Funding for these statement of works have been approved in the City’s 2016 and 2017 capital budgets to cover the costs. MOTION: Authorize the Mayor to sign all necessary documents with Denovo Ventures LLC that will allow the City to contract for professional services in support of JD Edwards EnterpriseOne related projects support subject to approval of the final terms and conditions by the Information Technology Director and the City Attorney in an amount not to exceed $160,000 including applicable Washington State taxes. This page intentionally left blank. Addendum 010114v1 © Denovo - Confidential Trade Secret Page 1 of 2 ADDENDUM 001 This ADDENDUM amends the Master Services Agreement, dated as of the 9th day of March, 2015, is by and between DENOVO VENTURES LLC, a Colorado limited liability company (“Denovo”), and City of Kent, a Washington Public Agency (the “Client”) (each a “Party” and together the “Parties”). This Addendum shall have the meaning set forth herein. Master Services Agreement shall be amended as follows: 1.Revise Section 5. Term and Termination; (a) Term – The last sentence in this section shall be deleted in its entirety and replaced with the following: “Either party may terminate this MSA by providing the other Party thirty (30) days advanced written notice of termination”. 2.Revise Section 8. Confidentiality; (a) General - The following will be deleted from the end of the last sentence “without the prior written consent of the other Party”. 3.Revise Section 8. Confidentiality; (e) Compelled Disclosure - The following will be deleted from the end of the last sentence “provided that the receiving Party provides the disclosing Party with reasonably prior written notice of such disclosure in order to permit the disclosing Party to seek confidential treatment of such information”. 4.Revise Section 9. Ownership of Intellectual Property; (ii) - This section shall be deleted in its entirety and replaced with the following “All rights, title and interest in Work Product shall vest in Client unless otherwise expressly provided in the applicable SOW”. 5.Revise Section 9. Ownership of Intellectual Property; (iv) The following shall be deleted from the end of this section “or Work Product”. 6.Revise Section 10. Indemnification; (a) General – Subsection (ii) and (iii) shall be deleted and replaced with the following: (ii) Denovo shall indemnify, defend and hold harmless the Client and its officers, directors, members, managers, employees, subcontractors and agents from and against any and all claims, damages, or losses, including legal costs and attorney fees, arising out of or in connection with Denovo’s performance under the agreement, or from claims by third parties relating to bodily injury or death of any person or damage to real and/or tangible personal property directly caused by the negligence or misconduct of Denovo, its personnel or agents in connection with the performance of the Services. (iii) This subsection shall be deleted in its entirety. 7.Revise Section 11. Limitation of Liability; (a) Limitation of Liability – This section shall be deleted in its entirety and replaced with the following: Master Service Agreement - Addendum Addendum 010114v1 © Denovo - Confidential Trade Secret Page 2 of 2 “IF DENOVO SHALL BE LIABLE TO THE CLIENT FOR ANY MATTER RELATING TO OR ARISING FROM THE AGREEMENT, WHETHER BASED UPON AN ACTION OR CLAIM IN CONTRACT, WARRANTY, EQUITY, NEGLIGENCE, INTENDED CONDUCT OR OTHERWISE, THE AGGREGATE AMOUNT OF DAMAGES RECOVERABLE AGAINST DENOVO WITH RESPECT TO ANY AND ALL BREACHES, PERFORMANCE, NONPERFORMANCE, ACTS OR OMISSIONS HEREUNDER WILL NOT EXCEED THE AGGREGATE AMOUNT OF FEES ACTUALLY PAID OR PAYABLE BY THE CLIENT TO DENOVO UNDER THE SOW OR ORDER DOCUMENT PURSUANT TO WHICH DENOVO IS PERFORMING THE SERVICES OR SELLING THE PRODUCTS GIVING RISE TO SUCH BREACH. 8. Revise Section 11. Limitation of Liability; (C) Limitation On Actions – This section shall be replaced with the following; “No action, regardless of form, arising under or relating to the Agreement, may be brought by either Party more than Three years after the event giving rise to the cause of action has occurred, except that an action for non-payment may be brought by a Party not later than one year following the date of the last payment due to such Party hereunder”. This addendum, including the agreement of which it is a part, is a complete and exclusive statement of the agreement between the parties, which supersedes all prior or concurrent proposals and understandings, whether oral or written, and all other communications between the parties relating to the subject matter of this addendum. Notwithstanding anything to the contrary in the agreement, in the event of a conflict between the terms and conditions of this addendum and those contained within the agreement, the terms and conditions of this addendum shall prevail. All other terms and conditions remain unchanged and are ratified hereby. This addendum shall not be effective until executed by client and accepted and executed by an authorized representative of Denovo, LLC. IN WITNESS WHEREOF, the parties have caused this Addendum to be executed by their duly authorized representatives effective as of the later of the date below. DENOVO VENTURES, LLC By: Name: Title: Date: City of Kent By: Name: Title: Date: Master Service Agreement - Addendum Consulting Staff Augmentation Services Statement of Work V2 © Denovo - Confidential Trade Secret Page 1 of 9 ☐ A check in this box indicates that this agreement has been changed from the original. CONSULTING STAFF AUGMENTATION SERVICES STATEMENT OF WORK This CONSULTING STAFF AUGMENTATION SERVICES STATEMENT OF WORK (“Consulting Services SOW”), dated as of the 1st day of August, 2017 (“Effective Date”), is by and between DENOVO VENTURES LLC (Denovo), a Colorado limited liability company (“Denovo”), and the City of Kent, WA, a Washington Public Agency (the “Client”) (each a “Party” and together the “Parties”). Pursuant to Section 3 (Scope of Services), in the Master Services Agreement (MSA), Denovo and Client desire to enter this Statement of Work for the performance by Denovo of certain consulting services, described herein. This Statement of Work provides details of the Services, related Products if any, Definitions, Service-specific terms, the responsibilities of the party’s one-time and recurring fees, Change Control Process, and third party license agreements as applicable. Effective Date: August 1, 2017 Delivery Period: August 1, 2017 through March 31, 2018 Description of Scope of Services: Upon Client’s acceptance, Denovo will provide to you consulting staff resources who at your direction, will provide you with up to one hundred seventy-six hours (176) of billable support to assist you with the following services: 1.Delivery Services: Provide up to one hundred sixty hours (160) of billable support to assist you with the following: 1.1 Denovo will assist Client with JD Edwards EnterpriseOne CNC consulting support on an as needed basis for the maintenance, set up, support and processing related their JD Edwards upgrade. The CNC consultants providing support by Denovo will travel onsite or conduct the work remotely based on the specific requirements of the assignment. There are no deliverables associated with this Statement of Work and all efforts will be requested and direct by the Client. The CNC support may include: •JDE EnterpriseOne CNC support as needed and directed by the City of Kent. The following represent common tasks under CNC support for an upgrade and may be performed as part of the ad-hoc support, if requested: o Review, Planning, Audit Hardware & Software o Ensure required MTR software is installed o Install EnterpriseOne Software o Migrate existing servers to new architecture where applicable (deployment, enterprise, database) o Install new servers on new architecture where applicable (web, server manager o Install latest tools release (current 9.2.1.4) o Install required ESUs and ASIs for tools release o Build Packages/Deploy ESU o Integrated 2/Mock Go-Live o Review Security for sign-on o Prepare production environment for go-live o Go-Live Support JDE Upgrade - Statement of Work Consulting Staff Augmentation Services Statement of Work V2 © Denovo - Confidential Trade Secret Page 2 of 9 (Note: This Statement of Work represents only CNC support for your EnterpriseOne 9.2.1 Tools upgrade. Functional consulting support, if required and requested can be added via a Change Order. Additionally, there is no technical or functional net change training included. If required and requested, this training can also be added via a Change Order.) Denovo will provide support to the client on an as needed, as requested basis. Denovo will use our best efforts to respond to requests for assistance in a timely manner. Where possible, work can be completed remotely which will decrease the overall cost to the Client and allow for a quicker response from Denovo. The Client will collect the details around the Supported Requests and through a central contact who will be responsible to make requests to Denovo for assistance. The requests received centrally by Denovo will then be routed to the appropriate resource for follow up directly with the Client. The Client is encouraged to log requests whenever possible to facilitate ease of routing to the appropriate Denovo resource and the capture of as many details from the Client regarding the request as possible. The maximum amount to be paid under this statement of works for all services and chargeable expenses is $29,840.00, which amount shall not be exceeded without the prior written authorization for the City in the form of a negotiated and executed change order as provided for in Section 9 below. 2.Staff Augmentation Coordination Services: Denovo will provide up to sixteen hours (16) of the following services to the Client: 2.1. Serve as single point of contact for your project manager to provide a communication mechanism to address issues regarding Denovo staffing, performance, scheduling, or request for changes to the services being provided. 2.2. Assist your Project Manager with the following: 2.2.1. Coordinate on-boarding and off-boarding of Denovo Consulting staff to your project(s) 2.3. Escalate issues identified by Denovo Consultants to your project manager. 3.Client Project Obligation 3.1. Maintain the properly configured hardware and operating system platform to support the services. 3.2. Obtain software licenses under separate contract for any necessary software and hardware programs before the commencement of services and installing all current software and hardware updates. 3.3. Maintain annual technical support for the software and hardware under separate contract throughout the term of the services. 3.4. Provide Denovo with full access to relevant internal functional, technical and business resources with adequate skills and knowledge to support the performance of services as detailed in the Engagement Scope Report. 3.5. Provide, for all Denovo resources performing services at your site, a safe and healthful workspace (e.g. a workspace that is free from recognized hazards that are causing, or likely to cause, death or serious physical harm, a workspace that has proper ventilation, sound levels acceptable for resources performing services in the workspace, and ergonomically correct work stations, etc.). JDE Upgrade - Statement of Work Consulting Staff Augmentation Services Statement of Work V2 © Denovo - Confidential Trade Secret Page 3 of 9 3.6. Provide any notices, and obtain any consent, required for Denovo to perform services. 3.7. Limit Denovo’s access to any production environment or shared development environments to the extent necessary for Denovo to perform services and when access is required notify Denovo of when it will be entering production and shared development environments. 3.8. Limit Denovo’s access to any protected or sensitive data and when access is required notify Denovo of when it will be accessing protected or sensitive data environments. 3.9. Be responsible for day to day management of the project work schedule and associated outputs. 3.10. Provide a single point of contact for all communication from Denovo regarding the project. 3.11. All requests for assignment of Denovo resource(s) shall be directed to the Denovo Staff Augmentation Coordinator and not the Denovo Consultant(s). 4.Project Assumptions 4.1. This is a time and materials project. Client will be billed for actual billable hours attributed to the reporting, project time and for any expenses associated with the project. 4.2. If Client requires dedicated full time resource(s) which is defined as a minimum of 40 hours a week, the Client will be charged a minimum of 40 hours a week regardless of project stop-start periods. 4.3. If the Client requires part time resource(s) which is defined as less than 40 hours a week to conduct “ad hoc” services, Client acknowledges that Denovo resource(s) may not be immediately available and assigned to the Client upon Client’s request. Denovo will assign resource(s) as soon as possible to the Client who shall possess the requisite skill and competencies required to perform the assigned task in the Delivery Services section of this Statement of Work. 4.4. All requests for onsite services must be for a time period of no less than one (1) week (40 billable hours). 4.5. The estimated billable hours and associated fees contained herein are by definition an estimate only, and are not guaranteed to be sufficient to complete all services. 4.6. The fee estimate is an estimate only, and is based on a mutually agreed assistance model from the limited information provided by you and presumes your active participation. 4.7. If on-site services are required, they shall be conducted at your facilities located in Kent, WA (this Staff Augmentation work is expected to be completed remotely) or other mutually agreed upon location(s). 4.8. Services may also be conducted at Denovo’s facilities or Consultant’s home office unless mutually agreed otherwise by both parties. 4.9. Denovo’s standard documentation format is acceptable for any documentation prepared during the performance of the services. 4.10. Payment to Denovo will be based upon the effort (hours) expended and is not tied to any subsequent task outputs or deliverables that are a result of the services. 5.Client Project Management 5.1. Client shall designate a project manager who shall be solely responsible for (i) project management associated with the services and (ii) direction of services provided to the Client by Denovo. Denovo will provide services under the direction of such project manager, who shall make all decisions in connection with anything relating to project management and direction of the services. JDE Upgrade - Statement of Work Consulting Staff Augmentation Services Statement of Work V2 © Denovo - Confidential Trade Secret Page 4 of 9 6.Billing Rates and Service Fees Project Role Time and Materials Billable Rate Estimated Hours Estimated Total Cost Project Administrator $115 16 $1,840 CNC Consultant $175 160 $28,000 Total 176 $29,840 *Denovo rates listed above apply to this Statement of Work only **Should the estimated fees be exhausted before services under this SOW are completed, Denovo will halt services until additional funds have been allocated per the Change Order Request process as defined in Section 9. If a Change Order is not completed, Denovo will consider the services complete and final invoices will be processed. Fee Payment Schedule for Consulting Services. Denovo will invoice the Client on a time and materials weekly basis for Consulting Services delivered, commencing one week after the Service Start Date at the rates specified in Section 6 (Billing Rates) which shall be due upon receipt. Method of Payment. Unless otherwise agreed to in writing by both parties, all amounts to be paid to Denovo under this Statement of Work shall be paid in U.S. dollars and may be made using electronic or automated clearing house (ACH), automatic bill pay mechanisms, or by federal wire transfer to the account or accounts designated below. By ACH: By Check: Pacific Mercantile Bank Denovo Ventures, LLC 1125 17th Street 6328 Monarch Park Place, Suite 200 Routing # 122242869 Niwot, CO 80503 Account # 42696200 Beneficiary PMB Customer Account Name: Denovo Ventures Holdings, LLC 7.Service Fee Assumptions Services may be added, revised or deducted via the Change Order Request process as defined in Section 9 of this Statement of Work. It is understood that any Federal, State or Local Taxes applicable shall be added to each invoice for Services or materials rendered under this Agreement. Client shall pay any such taxes unless a valid exemption certificate is furnished to Service Provider for the State of use. 8.Expenses JDE Upgrade - Statement of Work Consulting Staff Augmentation Services Statement of Work V2 © Denovo - Confidential Trade Secret Page 5 of 9 Expenses are not included in the rates noted above. Expenses will be charged to the Client based on the following table: Expenses (reimbursed according to the following schedule) Expense Action* Detail/Notes Airfare Actual Cost Per Denovo Travel and Expense Policy Meals Per Diem Per IRS Allowable Amount; Currently $71 per day for the area. Lodging Actual Cost Per Denovo Travel and Expense Policy Auto Mileage Actual Cost Per Denovo Travel and Expense Policy Parking Actual Cost Per Denovo Travel and Expense Policy Taxis, Car Rentals, Gasoline Actual Cost Per Denovo Travel and Expense Policy Laundry (if onsite for 5+ straight days) Actual Cost Per Denovo Travel and Expense Policy Other incidental expenses Actual Cost Per Denovo Travel and Expense Policy *Actual Cost, Per Diem, Not to Exceed, or Not Reimbursed 9.Change Order Process The Client or Denovo may request Changes by initiating the Change Order Process. To initiate the Change Order Process, the Party requesting the Change must fill out the Change Order Request form attached hereto and submit it to the appropriate project leader of the other Party. The Change Order Request must at a minimum describe the requested Change in sufficient detail for the Client and Denovo to make a reasonable assessment of the request. Upon mutual acceptance the Change Order shall be executed by duly authorized representative from both the Client and Denovo and then becomes part of the entire agreement between Denovo and the Client with respect to the subject matter hereof. Denovo will provide a copy of all mutually accepted Change Order Requests to the Client for future reference. Each Party will be responsible for all costs and expenses incurred by it in participation of the Change Control Process unless otherwise agreed in writing. The failure of either Party to insist upon strict performance of the Change Order Request process for every Change shall not constitute a waiver of its rights as set forth in the Agreement, at law or equity. 10.Other Terms and Conditions [SIGNATURE PAGE TO FOLLOW] JDE Upgrade - Statement of Work Consulting Staff Augmentation Services Statement of Work V2 © Denovo - Confidential Trade Secret Page 6 of 9 IN WITNESS WHEREOF, Denovo and the Client have executed this Statement of Work as of the date set forth above. DENOVO VENTURES, LLC By: Name: Title: Date: CITY OF KENT, WA By: Name: Title: Date: JDE Upgrade - Statement of Work Consulting Staff Augmentation Services Statement of Work V2 © Denovo - Confidential Trade Secret Page 7 of 9 CHANGE ORDER REQUEST [enter number here 001] This CHANGE ORDER REQUEST (“Change Order” or “COR”), dated as of the [00] day of [month], [year] (“Effective Date”), is by and between DENOVO VENTURES LLC, a Colorado limited liability company (“Denovo”), and [Enter company name], a [Enter state, enter corporation or LLC] (the “Client”) (each a “Party” and together the “Parties”). Pursuant to Denovo STATEMENT OF WORK (SOW), dated the [00] day of [month], [year], the terms and conditions of this Change Order are in accordance with the terms and conditions set forth in the referenced Statement of Work and governing Master Services Agreement and Supplemental Agreement. 1. Change Order Process. This Change Order Request is the method either Party may utilize to communicate and eventually effectuate changes to the Services. “Changes” include (i) the addition, subtraction, modification or other change to any Services, (ii) a change that results in increased or reduced pricing for applicable Services, and (iii) changes to the Service Levels not agreed to as part of the SOW. The terms and conditions of the Change Order Process are more specifically described in the Statement of Work. 2. Proposed Change. [Please provide a written description of the proposed change(s) here. 3. Priority of Proposed Change. Please identify the priority level associated with the proposed change. ☐ Priority 1 – Urgent and Major Impact ☐ Priority 2 – Urgent and Minor Impact ☐ Priority 3 – Not Urgent and Major Impact ☐ Priority 4 - Not Urgent and Minor Impact 4. Schedule. [Please describe the proposed change(s): start date, schedule, milestones and date to complete the change] [• Start Date] [• Schedule] [• Milestones] [• End Date] JDE Upgrade - Statement of Work Consulting Staff Augmentation Services Statement of Work V2 © Denovo - Confidential Trade Secret Page 8 of 9 5. Business Rationale. The business rational and/or justification associated with this Change Order are: [Please describe business rational here.] [• Improved user experience due to…] [• Flexibility to fit Customer’ dynamic business needs….] [• Expected cost savings?] 6. Service Level Agreement Impact. [Please describe how the proposed changes will impact the service level agreements as defined in the applicable Statement of Work.] 7. Service Level, Hardware, Infrastructure and Software Environment Impact. [Please describe how the proposed changes will impact Service Levels, Hardware, Infrastructure and Software Environment] 8. Personnel Impact. [Please describe how the proposed changes will impact personnel, to complete and operate the change] [First Name, Last Name, Title, Impact] [First Name, Last Name, Title, Impact] [First Name, Last Name, Title, Impact] 9. Service Fees. [Denovo: Please describe the proposed service fees associated with this Change Order here.] Original Consulting Budget Change Order Amount Revised Budget Total $ $ $ 10. Travel and Expenses. [Denovo: Please provide a travel and expense estimate associated with this Change Order Request here.] JDE Upgrade - Statement of Work Consulting Staff Augmentation Services Statement of Work V2 © Denovo - Confidential Trade Secret Page 9 of 9 11. Additional Information. [Please provide any additional information to assist the Client and Denovo to evaluate this Change Order Request] 12. Change Order Acceptance. IN WITNESS WHEREOF, Denovo and the Client have executed this Change Order Request as of the date set forth above. DENOVO VENTURES, LLC By: Name: Title: Date: ___________________________________________________________________ CITY OF KENT, WA By: Name: Title: Date: ___________________________________________________________________ JDE Upgrade - Statement of Work Consulting Staff Augmentation Services Statement of Work V2.1 © Denovo - Confidential Trade Secret Page 1 of 9 ☐ A check in this box indicates that this agreement has been changed from the original. CONSULTING STAFF AUGMENTATION SERVICES STATEMENT OF WORK This CONSULTING STAFF AUGMENTATION SERVICES STATEMENT OF WORK (“Consulting Services SOW”), dated as of the 7th day of August, 2017 (“Effective Date”), is by and between DENOVO VENTURES LLC (Denovo), a Colorado limited liability company (“Denovo”), and City of Kent, a Washington Public Agency (the “Client”) (each a “Party” and together the “Parties”). Pursuant to Section 3 (Scope of Services), in the Master Services Agreement (MSA), Denovo and Client desire to enter this Statement of Work for the performance by Denovo of certain consulting services, described herein. This Statement of Work provides details of the Services, related Products if any, Definitions, Service-specific terms, the responsibilities of the party’s one-time and recurring fees, Change Control Process, and third party license agreements as applicable. Term of the Statement of Work: One calendar year from the Effective Date Delivery Period: August 7, 2017 through December 1, 2018 Description of Scope of Services: Upon Client’s acceptance, Denovo will provide to you consulting staff resources who at your direction, will provide you with up to 110 billable hours to assist you with the following services: 1. Applications and or Technology Under Management: The applications listed in Appendix A shall be considered in scope for this Statement of Work. 2. Delivery Services: Provide up to 500 billable hours to assist you with the following: 2.1 Provide functional knowledge of JDE EnterpriseOne Finance and Human Resources applications in support of staff training, business analysis including requirements and process design, troubleshooting, and other Systems Analyst related activities. 2.2 Provide developers to work at your direction on augmenting the existing functionality of the EnterpriseOne systems to meet the business requirements as defined by City. This will include BI Publisher forms development, interactive application customizations, report development, work flow, E1 Pages, and other EnterpriseOne development related activities. 3. Staff Augmentation Coordination Services: Denovo will provide up to 10 hours for the following services to the Client: 3.1. Serve as single point of contact for your project manager to provide a communication mechanism to address issues regarding Denovo staffing, performance, scheduling, or request for changes to the services being provided. 3.1.1. The City will submit support requests for work to be performed under this Statement of Work. The project coordinator will facilitate the estimating and approval of the support request. The estimate will include work to be performed, resources, and estimated hours for each resource. 3.2. Assist your Project Manager with the following: JDE Project/Operations - Statement of Work Consulting Staff Augmentation Services Statement of Work V2.1 © Denovo - Confidential Trade Secret Page 2 of 9 3.2.1. Coordinate on-boarding and off-boarding of Denovo Consulting staff to your project(s) 3.2.2. Consolidate (if needed) and provide status report(s) to agree upon intervals, not more than weekly, comprised of weekly accomplishments; task to be completed the following week; issues and risks identified by the Denovo Consultant(s); and hours worked for the week. 3.3. Escalate issues identified by Denovo Consultants to your project manager. 3.4. Conduct monthly financial review with your project manager. 3.5. At the conclusion of the services, provide an Engagement Summary Report outlining the work completed, open issues or risks and recommendations. 4. Client Project Obligation 4.1. Maintain the properly configured hardware and operating system platform to support the services. 4.2. Obtain software licenses under separate contract for any necessary software and hardware programs before the commencement of services and installing all current software and hardware updates. 4.3. Maintain annual technical support for the software and hardware under separate contract throughout the term of the services. 4.4. Provide Denovo with full access to relevant internal functional, technical and business resources with adequate skills and knowledge to support the performance of services as detailed in the Engagement Scope Report. 4.5. Provide, for all Denovo resources performing services at your site, a safe and healthful workspace (e.g. a workspace that is free from recognized hazards that are causing, or likely to cause, death or serious physical harm, a workspace that has proper ventilation, sound levels acceptable for resources performing services in the workspace, and ergonomically correct work stations, etc.). 4.6. Provide any notices, and obtain any consent, required for Denovo to perform services. 4.7. Limit Denovo’s access to any production environment or shared development environments to the extent necessary for Denovo to perform services and when access is required notify Denovo of when it will be entering production and shared development environments. 4.8. Limit Denovo’s access to any protected or sensitive data and when access is required notify Denovo of when it will be accessing protected or sensitive data environments. 4.9. Be responsible for day to day management of the project work schedule and associated outputs. 4.10. Provide a single point of contact for all communication from Denovo regarding the project. 4.11. All requests for assignment of Denovo resource(s) shall be directed to the Denovo Staff Augmentation Coordinator and not the Denovo Consultant(s). 5. Project Assumptions 5.1. This is a time and materials project. Client will be billed for actual billable hours attributed to the reporting, project time and for any expenses associated with the project. 5.2. If Client requires dedicated full time resource(s) which is defined as a minimum of 40 hours a week, the Client will be charged a minimum of 40 hours a week regardless of project stop-start periods. 5.3. If the Client requires part time resource(s) which is defined as less than 40 hours a week to conduct “ad hoc” services, Client acknowledges that Denovo resource(s) may not be immediately available and JDE Project/Operations - Statement of Work Consulting Staff Augmentation Services Statement of Work V2.1 © Denovo - Confidential Trade Secret Page 3 of 9 assigned to the Client upon Client’s request. Denovo will assign resource(s) as soon as possible to the Client who shall possess the requisite skill and competencies required to perform the assigned task in the Delivery Services section of this Statement of Work. 5.4. All requests for onsite services must be for a time period of no less than one (1) week (40 billable hours). 5.5. The estimated billable hours and associated fees contained herein are by definition an estimate only, and are not guaranteed to be sufficient to complete all services. 5.6. The fee estimate is an estimate only, and is based on a mutually agreed assistance model from the limited information provided by you and presumes your active participation. 5.7. On-site services shall be conducted at your facilities located at Kent, WA or other mutually agreed upon location(s). 5.8. Services may also be conducted at Denovo’s facilities or Consultant’s home office unless mutually agreed otherwise by both parties. 5.9. Denovo’s standard documentation format is acceptable for any documentation prepared during the performance of the services. 5.10. Payment to Denovo will be based upon the effort (hours) expended and is not tied to any subsequent task outputs or deliverables that are a result of the services. 6. Client Project Management 6.1. Client shall designate a project manager who shall be solely responsible for (i) project management associated with the services and (ii) direction of services provided to the Client by Denovo. Denovo will provide services under the direction of such project manager, who shall make all decisions in connection with anything relating to project management and direction of the services. 7. Billing Rates and Service Fees Project Role Time and Materials Billable Rate Estimated Billable Hours Estimated Total Cost EnterpriseOne Functional Consultant $165/hour EnterpriseOne Developer $155/hour Project Coordinator $105/hour Totals: *Denovo rates listed above apply to this Statement of Work only **Should the estimated fees be exhausted before services under this SOW are completed, Denovo will halt services until additional funds have been allocated per the Change Order Request process as defined in Section 10. If a Change Order is not completed, Denovo will consider the services complete and final invoices will be processed. JDE Project/Operations - Statement of Work Consulting Staff Augmentation Services Statement of Work V2.1 © Denovo - Confidential Trade Secret Page 4 of 9 Fee Payment Schedule for Consulting Services. Denovo will invoice the Client on a time and materials weekly basis for Consulting Services delivered, commencing one week after the Service Start Date at the rates specified in Section 7 (Billing Rates) which shall be due upon receipt. Method of Payment. Unless otherwise agreed to in writing by both parties, all amounts to be paid to Denovo under this Statement of Work shall be paid in U.S. dollars and may be made using electronic or automated clearing house (ACH), automatic bill pay mechanisms, or by federal wire transfer to the account or accounts designated below. Denovo Ventures, LLC ACH/Wire: Pacific Mercantile Bank ABA/Routing: #122242869 Acct: #42696200 Beneficiary PMB Customer Account Name: Denovo Ventures Holdings, LLC For International Wire instructions, please contact: AR@Denovo-us.com 8. Service Fee Assumptions Services may be added, revised or deducted via the Change Order Request process as defined in Section 10 of this Statement of Work. It is understood that any Federal, State or Local Taxes applicable shall be added to each invoice for Services or materials rendered under this Agreement. Client shall pay any such taxes unless a valid exemption certificate is furnished to Service Provider for the State of use. 9. Expenses Expenses are not included in the rates noted above. Expenses will be charge d to the Client based on the following table: Expenses (reimbursed according to the following schedule) Expense Action* Detail/Notes Airfare Actual Cost Per Denovo Travel and Expense Policy Meals Per Diem Per Denovo Travel and Expense Policy Lodging Actual Cost Per Denovo Travel and Expense Policy Auto Mileage Actual Cost Per Denovo Travel and Expense Policy Parking Actual Cost Per Denovo Travel and Expense Policy Taxis, Car Rentals, Gasoline Actual Cost Per Denovo Travel and Expense Policy Laundry (if onsite for 5+ straight days) Not Reimbursed Other incidental expenses Not Reimbursed *Actual Cost, Per Diem, Not to Exceed, or Not Reimbursed 10. Change Order Process JDE Project/Operations - Statement of Work Consulting Staff Augmentation Services Statement of Work V2.1 © Denovo - Confidential Trade Secret Page 5 of 9 The Client or Denovo may request Changes by initiating the Change Order Process. To initiate the Change Order Process, the Party requesting the Change must fill out the Change Order Request form attached hereto and submit it to the appropriate project leader of the other Party. The Change Order Request must at a minimum describe the requested Change in sufficient detail for the Client and Denovo to make a reasonable assessment of the request. Upon mutual acceptance the Change Order shall be executed by duly authorized representative from both the Client and Denovo and then becomes part of the entire agreement between Denovo and the Client with respect to the subject matter hereof. Denovo will provide a copy of all mutually accepted Change Order Requests to the Client for future reference. Each Party will be responsible for all costs and expenses incurred by it in participation of the Change Control Process unless otherwise agreed in writing. The failure of either Party to insist upon strict performance of the Change Order Request process for every Change shall not constitute a waiver of its rights as set forth in the Agreement, at law or equity. 11. Other Terms and Conditions [SIGNATURE PAGE TO FOLLOW] JDE Project/Operations - Statement of Work Consulting Staff Augmentation Services Statement of Work V2.1 © Denovo - Confidential Trade Secret Page 6 of 9 IN WITNESS WHEREOF, Denovo and the Client have executed this Statement of Work as of the date set forth above. DENOVO VENTURES, LLC By: Name: Title: Date: CITY OF KENT, WASHINGTON By: Name: Title: Date: JDE Project/Operations - Statement of Work Consulting Staff Augmentation Services Statement of Work V2.1 © Denovo - Confidential Trade Secret Page 7 of 9 Appendix A – Applications Under Management JDE E1 Application Modules In Scope (Yes or No) FOUNDATION - OVR, Watchlists, Query, Café 1, E1 Pages Yes FOUNTATION - UPK No DIS - Plant & Equipment Maintenance No DIS - Advanced Pricing No DIS - Advanced Stock Valuation No DIS - Agreement Management No DIS - Configurator No DIS - CRM for Sales (Sales Force Automation) No DIS - CRM for Support No DIS - Customer Relationship Management (Sales) No DIS - Customer Relationship Management (Support) No DIS - Customer Self Service No DIS - Demand Scheduling No DIS - EDI (832, 840, 843, 844, 845, 849, 850, 852, 855, 856, 860, 861, 862, 865) No DIS - Inventory Yes DIS - Mobile Apps No DIS - Procurement Yes DIS - Requisition Self Service Yes DIS - Sales Order Mngmt No DIS - Service Mngmt (Service, Warranty, Case Mngmt) No DIS - Supplier Self Service No DIS - Transportation Management No DIS - Warehouse Management No FIN - Accounts Payable Yes FIN - Accounts Receivable Yes FIN - Address Book Yes FIN - Adv Cost Accounting (Profit Mngmt) No FIN - Change Management No FIN - Contract Billing No FIN - EDI ( 810-Invoice, 820-Pymt, 821-Fin Stmt, 823-Lockbox) No FIN - Financial Management Reports Yes FIN - Fixed Assets Yes FIN - General Ledger Yes FIN - Grant Management No FIN - Homebuilder No FIN - Job Cost Yes FIN - Localizations - Asia Pacific No FIN - Localizations - EMEA No FIN - Localizations - LACA No FIN - Mobile Apps No FIN - Real Estate (Property Mngmt) No JDE Project/Operations - Statement of Work Consulting Staff Augmentation Services Statement of Work V2.1 © Denovo - Confidential Trade Secret Page 8 of 9 JDE E1 Application Modules In Scope (Yes or No) FIN - Service Billing No HRM - Payroll (Mobile Apps) No HRM - Applicant Tracking No HRM - Certifications/skills No HRM - Health & Safety No HRM - Human Capital Management Self Service Yes HRM - Human Resources Yes HRM - Payroll (US, CAD, Australia/NZ, ) Yes HRM - Time and Labor, Expense Mngmt, Benefits Yes MFG - Advanced Supply Chain Planning No MFG - Apparel Management No MFG - Blend Management No MFG - CRP No MFG - Demand Flow Manufacturing No MFG - DRP/MRP/MPS No MFG - EDI (830-Forecast) No MFG - Engineer to Order & Project Manufacturing No MFG - Engineering Change Mngmt No MFG - Forecasting No MFG - Grower Management No MFG - Mfg. Accounting No MFG - Plant Manager Dashboard No MFG - Product Costing No MFG - Product Data Mngmt No MFG - Quality No MFG - Shop Floor No EquipIQ - Equipment Rental Solution No EquipIQ - Equipment Service No EquipIQ - Equipment Sales No EquipIQ - Parts Counter Sales Solution No JDE E1 – Technology Related (CNC) In Scope (Yes or No) or value Software Version/ESU Level (if known) Value Tools Release Value Server OS Version Value Database Value Additional Servers (ie: AIS, BIP, BSSV, UPK) Value(s) Remote Access (software/tool) Value JDE Project/Operations - Statement of Work Consulting Staff Augmentation Services Statement of Work V2.1 © Denovo - Confidential Trade Secret Page 9 of 9 Bolt on (3rd party) products (ie: Security: QSoft, Allout WM: DSI, RF Smart, Forms: Bottomline, Optio) Value(s) Environment Definition Value(s) Server infrastructure diagram? Yes/No Development Workstations available Yes/No Webserver Software (Weblogic vs Websphere) Value Multi-language Yes/No JDE Project/Operations - Statement of Work Agenda Item: Consent Calendar – 7E_ TO: City Council DATE: September 5, 2017 SUBJECT: Panther Lake Police Substation – Second Amendment to Lease Agreement – Authorize SUMMARY: This is a second renewal of a license initiated on May 18, 2011. The purpose of this license is to provide a police substation for the Kent Police Department in the Panther Lake Shopping Center, located at 10842 SE 208th in the city of Kent. If approved, this second renewal will extend the City’s license for an additional three years—through May 31, 2020. Under the current license, the City pays $800.80 per month. The City will continue to pay a monthly rent of $800.80. Each year thereafter, rent will increase on the June 1st anniversary date. As such, the monthly rent due under the term of this second renewal will be: Months Monthly Payments 06/01/18 – 05/31/19 $ 824.83 06/01/17 – 05/31/20 $ 849.57 Because this second renewal will commence on May 31, 2017, a date prior to formal Council approval, language has been added to the motion that will ratify all acts taken after the expiration of the license’s current term on May 31, 2017, and prior to the City’s execution of the second renewal. EXHIBITS: Second Amendment to License Agreement First Amendment to License Agreement dated 5/27/14. License Agreement dated 4/25/11 RECOMMENDED BY: Operations Committee YEA: Boyce, Thomas, Ralph NAY: BUDGET IMPACTS: Budgeted for 2017 MOTION: Authorize the Mayor to enter into a Second Amendment to the License Agreement with PWRP – Kent LLC extending the term for the police substation in the Panther Lake Shopping Center, subject to final terms and conditions acceptable to the Police Chief and the City Attorney, and ratify all acts consistent with the terms of the Second Amendment. This page intentionally left blank. 1 SECOND AMENDMENT TO SHOPPING CENTER LICENSE AGREEMENT THIS SECOND AMENDMENT TO SHOPPING CENTER LICENSE AGREEMENT (this "Second Amendment") is entered into as of the ___ day of July, 2017 (the “Effective Date”), by and between PWRP – KENT LLC, a Delaware limited liability company, successor-in-interest to PK I Panther Lake LLC ("Licensor") and KENT POLICE DEPARTMENT ("Licensee"). WITNESSETH: WHEREAS, Licensor and Licensee have entered into a License Agreement dated as of March 18, 2011, as amended by First Amendment to Shopping Center License Agreement dated as March 18, 2014 (as hereinafter as amended and modified, collectively referred to as the "License Agreement "), whereby Licensor licensed to Licensee those certain Licensed Premises known as space A2 located in the Shopping Center commonly known as Panther Lake located in Kent, Washington (“Shopping Center”) as more particularly described in the License Agreement; and WHEREAS, The License Agreement expired on May 31, 2017 and Licensee has been holding over with Licensor’s consent; and WHEREAS, Licensor and Licensee have agreed to extend the term of the License Agreement for an additional three (3) years from June 1, 2017 to and including May 31, 2020 on the terms set forth below. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree that, the License Agreement is hereby modified as follows: 1.DEFINED TERMS. Unless specifically defined herein, all capitalized terms used in this Amendment shall have the same meaning as the capitalized terms in the License Agreement. 2.EXTENSION OF THE TERM. Effective as of June 1, 2017 (the “Renewal Date”), the License Term of the License Agreement is hereby extended for an additional period of three (3) years from June 1, 2017 to and including May 31, 2020 (the “Second Expiration Date”); the period from the Renewal Date through the Second Expiration Date, the “Renewal Term”), unless the License Agreement is sooner terminated or renewed pursuant to the provisions thereof, with such extension to be upon all of the terms, covenants and conditions contained in the License Agreement, except as otherwise set forth in this Second Amendment. Licensee acknowledges that it is currently in possession of the License Premises and that the same has been delivered to Licensee in their current condition, AS-IS, WHERE-IS AND WITH ALL FAULTS, upon the Renewal Date. 3.BASE RENT. During the Renewal Term, Base Rent is as follows: LEASE YEAR ANNUAL BASE RENT MONTHLY INSTALLMENT 6/1/2017-5/31/2018 $9,609.63 $800.80 2 6/1/2018-5/31/2019 $9,897.92 $824.83 6/1/2019-5/31/2020 $10,194.86 $849.57 4.RELOCATION. Notwithstanding the provisions of the License Agreement, Licensor, in its sole and absolute discretion, shall have the right, after expiration of the first eighteen (18) months of the Renewal Term, to relocate Licensee from the Licensed Premises to other premises in the Shopping Center (“New Premises”). Licensor shall give Licensee at least forty-five (45) days’ notice of the approximate date Licensee is to move to the New Premises. Licensor shall deliver the New Premises in the same condition as the Licensed Premises exists as of the date Licensor give Licensee notice that Licensee will be required to relocate. The New Premises will have at least the same amount of square footage as the Licensed Premises. Licensor shall pay for moving the Licensee’s inventory, fixture, equipment and storefront sign, but not the security cameras, to the New Premises. Licensee will cooperate with Licensor. Licensee will move its business operations to the New Premises within forty-eight (48) hours after Licensor notified Licensee that it has substantially completed its preparation of the New Premises. Thereafter the New Premises will be deemed to be the Licensed Premises for all purposes of the License Agreement and all Licensee’s obligations under the License Agreement will continue to apply such Licensed Premises, without interruption. The foregoing notwithstanding, if Licensee notifies Licensor, within fifteen (15) days after receipt of Licensor’s relocation notice, that Licensee elects not to move, Licensee shall have the right to remain in the existing Licensed Premises but the Base Rent shall be increased, as of the first of the month following the date Landlord receives Licensee’s notice that it has elected to remain in the Licensed Premises, to the fair market rent for the Licensed Premises, as reasonably determined by Licensor, based on the current rents in the Shopping Center. Licensor shall notify Licensee of such new Base Rent within five (5) business days after receipt of Licensee’s notice that it has elected to remain in the Licensed Premises. 5.SECURITY CAMERAS. Licensee has requested permission, at Licensee’s sole cost and expense, to add security cameras around the Licensed Premises. Licensor has reviewed Licensee’s plans for the installation of such cameras and has approved Licensee’s plans. Upon the expiration or early termination of the License Agreement or the relocation of the Licensed Premises, Licensee shall remove such security cameras and repair all damage to the Licensed Premises. 6.EFFECT. Except as expressly modified by this Second Amendment, the License Agreement shall remain unchanged and in full force and effect. 7.NO MODIFICATION OR WAIVER. Except as otherwise expressly set forth herein, nothing in this Second Amendment shall be deemed to waive or modify any of the provisions of the License Agreement. 8.NO OFFER. Licensor and Licensee hereby agree that Licensee’s submission of this Second Amendment to Licensee shall not constitute an offer to amend the License Agreement. This Second Amendment shall be effective only, and is expressly conditioned, upon the execution of this Second Amendment by Licensor and Licensee. 8.BROKERS. Licensor and Licensee each represent to the other that it has not dealt with any broker in connection with this Second Amendment. Licensor and Licensee shall each indemnify, defend and hold the other harmless from and against, all damages (including reasonable attorneys’ fees and costs) resulting from any claims that may be asserted against Licensor and 3 Licensee by any broker, finder, or other person with whom the indemnifying party has or purportedly has dealt. 9.COUNTERPARTS. This Second Amendment may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Second Amendment. 10.SUCCESSORS. The provisions of this Second Amendment shall bind and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns. 11.LICENSEE’S REPRESENTATIONS. Licensee represents that it holds the entire licensee interest in the License Agreement and that it has not made any assignment, sublease, transfer, conveyance or other disposition of the Lease or any interest in the License Agreement. 12.ATTORNEYS’ FEES. In the event that at any time after the date hereof either Licensor and Licensee shall institute any action or proceeding against the other relating to this Second Amendment, then and in that event, the party not prevailing in such action or proceeding shall reimburse the prevailing party for the reasonable expenses of attorneys’ fees and all costs and disbursements incurred therein by the prevailing party. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date first written above. LICENSOR: LICENSEE: PWRP – KENT LLC, KENT POLICE DEPATMENT a Delaware limited liability company By: _____________________ By: _____________________ Name: Jay Kerner Name: _____________________ Title: Co-President Title: _____________________ 4 STATE OF WASHINGTON ) ) SS. COUNTY OF ____________ ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT THE PERSON APPEARING BEFORE ME AND MAKING THIS ACKNOWLEDGMENT IS THE PERSON WHOSE TRUE SIGNATURE APPEARS ON THIS DOCUMENT. ON THIS _____ DAY OF _________________, 20__, BEFORE ME PERSONALLY APPEARED ___________________, TO ME KNOWN TO BE THE ______________________ OF _____________________, THE CORPORATION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED THE SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR THE USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT HE/SHE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL HERETO AFFIXED THE DAY AND YEAR FIRST ABOVE WRITTEN. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT MY COMMISSION EXPIRES: [TYPE OR PRINT NOTARY NAME] (USE THIS SPACE FOR NOTARIAL SEAL STAMP) This page intentionally left blank. Agenda Item: Consent Calendar – 7F_ TO: City Council DATE: September 5, 2017 SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments between April 1, 2017, and June 30, 2017 – Adopt SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance reflecting an overall budget increase of $15,418,350. Adjustments totaling $11,330,840 have previously been approved by Council and are summarized as follows. $9,475,090 in grants for: $4,544,020 Transportation Improvement Board (TIB) grant for 224th-228th Corridor between East Valley Highway and 88th. $4,350,000 FMSIB grant for the BNSF Grade Separation project. $250,000 TIB grant for the complete streets project on Meeker. $250,080 in WRR and LHWMP recycling grants. $58,990 grant for the new DUI Court. $22,000 WATPA grant for police equipment. $1,855,750 is a technical accounting change to move B&O funds between projects and re-classify those funds as capital or non-capital for street use. Adjustments totaling $4,087,510 have not been previously approved by Council. Highlights include: •$2,800,000 to budget additional B&O revenue collections expected of $1.4 million. $1.4 million records transfer of the funding to the project and an additional $1.4 million establishes the project budget to complete the work. •$810,700 in liability insurance claims paid over our deductible that were subsequently reimbursed by our insurance carrier. •$275,360 to budget salary increases for AFSCME, Teamsters and non- represented employees. •$201,450 to budget supplies and services for two new divisions in IT, Project Management Office and SI Development. EXHIBITS: Ordinance and Exhibit RECOMMENDED BY: Operations Committee YEA: Boyce, Thomas, Ralph NAY: BUDGET IMPACTS: These expenditures are funded by grants, existing fund balance, or other new revenues MOTION: Adopt Ordinance No. _____ approving the consolidating budget adjustments made between April 1, 2017 and June 30, 2017, reflecting an overall budget increase of $15,418,350. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving the consolidating budget adjustments made between April 1, 2017 and June 30, 2017, reflecting an overall budget increase of $15,418,350. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Budget Adjustments. The 2017-2018 biennial budget is amended to include budget fund adjustments for the second quarter of 2017 from April 1 to June 30, 2017, as summarized and set forth in Exhibit “A,” which is attached and incorporated into this ordinance. Except as amended by this ordinance, all terms and provisions of the 2017-2018 biennial budget Ordinance No. 4230, as amended by Ordinance No. 4245 shall remain unchanged. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 1 2017-2018 Budget Adjustment Second Quarter 2017 SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force five days after publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY APPROVED: day of , 2017. PUBLISHED: day of , 2017. P:\Civil\Ordinance\Budget Adjustment Ordinance Q2 2017 Supp.docx 2 2017-2018 Budget Adjustment Second Quarter 2017 Fund Title Previously Approved Approval Requested Total Adjustment Ordinance 100 General Fund - 1,400,000 1,400,000 110 Street Fund 1,516,140 74,380 1,590,520 160 Criminal Justice Fund 80,990 16,100 97,090 310 Street Capital Projects Fund 9,483,630 1,400,000 10,883,630 410 Water Utility Fund - 34,690 34,690 440 Drainage / Sewer Utility Fund - 51,600 51,600 470 Solid Waste Utility Fund 250,080 2,340 252,420 480 Golf Fund - 12,060 12,060 510 Fleet Services Fund - 12,330 12,330 520 Central Services Fund - 237,910 237,910 540 Facilities Management fund - 33,060 33,060 560 Benefit and Insurance Funds - 813,040 813,040 Total 11,330,840 4,087,510 15,418,350 Exhibit A City of Kent Budget Adjustment Ordinance Adjustments April 1, 2017 to June 30, 2017 Approval Date or Other Fund Previously Approved by Council Not Previously Approved by Council Total Adjustment Ordinance Transfer of Increased B&O to Project (S. 212th Way Overlay)1,100,000 1,100,000 Transfer of Increased B&O to Project (S 212th St & 72nd Ave Concrete)300,000 300,000 Total General Fund - 1,400,000 1,400,000 110 - Street Fund AFSCME, Non-Rep, & Teamster Salary Increases 74,380 74,380 Move B&O Funds to New Accounts Fund 310 1,516,140 1,516,140 Total Street Fund 1,516,140 74,380 1,590,520 160 - Criminal Justice Fund New DUI Court Grant 12/13/2016 58,990 58,990 Police WATPA Equip Grant KCC 3.70 22,000 22,000 AFSCME, Non-Rep, & Teamster Salary Increases 16,100 16,100 Total Criminal Justice Fund 80,990 16,100 97,090 310 - Street Capital Projects FMSIB Grant - BNSF Grade Separation 3/21/2017 4,350,000 4,350,000 TIB St. Grant - Complete Streets-Meeker 2/21/2017 250,000 250,000 TIB Grant - LID 363-224th-228th (EVH-88th)4/16/2013 4,544,020 4,544,020 Transfer of Increased B&O for Project (S. 212th Way Overlay)1,100,000 1,100,000 Transfer of Increased B&O for Project (S 212th St & 72nd Ave Concrete)300,000 300,000 Move B&O Funds to New Accounts 339,610 339,610 Total Street Capital Projects Fund 9,483,630 1,400,000 10,883,630 410 - Water Utility Fund AFSCME, Non-Rep, & Teamster Salary Increases 34,690 34,690 Total Water Utility Fund - 34,690 34,690 440 - Drainage/Sewer Utility Fund AFSCME, Non-Rep, & Teamster Salary Increases 51,600 51,600 Total Drainage/Sewer Utility Fund - 51,600 51,600 470 - Solid Waste Operating Fund Establish WRR Recycle Grant 1/17/2017 177,040 177,040 Establish LHWMP Recycle Grant 1/17/2017 73,040 73,040 AFSCME, Non-Rep, & Teamster Salary Increases 2,340 2,340 Total Solid Waste Operating Fund 250,080 2,340 252,420 480 - Golf Operating Fund AFSCME, Non-Rep, & Teamster Salary Increases 12,060 12,060 Total Golf Operating Fund - 12,060 12,060 510 - Fleet Services Fund AFSCME, Non-Rep, & Teamster Salary Increases 12,330 12,330 Total Fleet Services Fund - 12,330 12,330 520 - Central Services Fund Establish Budgets for New IT Division 201,450 201,450 AFSCME, Non-Rep, & Teamster Salary Increases 36,460 36,460 Total Central Services Fund - 237,910 237,910 540 - Facilities Management Fund AFSCME, Non-Rep, & Teamster Salary Increases 33,060 33,060 Total Facilities Management Fund - 33,060 33,060 560 - Benefit & Insurance Funds Claims Paid - Reimbursed 810,700 810,700 AFSCME, Non-Rep, & Teamster Salary Increases 2,340 2,340 Total Benefit & Insurance Funds - 813,040 813,040 Grand Total All Funds 11,330,840 4,087,510 15,418,350 Budget Adjustment Detail for Budget Changes April 1, 2017 to June 30, 2017 001 - General Fund Agenda Item: Consent Calendar – 7G_ TO: City Council DATE: September 5, 2017 SUBJECT: Amendment to Consultant Services Agreement with Raedeke Associates, Inc. for Environmental Consulting – Authorize SUMMARY: The original agreement was for Raedeke Associates Inc. to provide environmental review for Developmental Engineering. This amendment will extend the expiration date to December 31, 2017 which will better coincide with the City’s budget year. In order to extend the time frame the financial expenditures will need to increase to cover that time period. A new annual contract will be written up to begin services 01/01/2018 closer to that date. EXHIBITS: Exhibit A – Amendment RECOMMENDED BY: Economic & Community Development Committee, passes 3-0 YEA: Berrios, Budell, Boyce NAY: BUDGET IMPACTS: No, funds currently in 2017 budget MOTION: Authorize the Mayor to sign the 2017, 4th Amendment to the Consultant Service Agreement with Raedeke Associates Inc. to continue to provide environmental review. The amount of the amendment is not to exceed $40,000 and is subject to final terms and conditions acceptable to the City Attorney and Economic and Community Development Director. This page intentionally left blank. AMENDMENT - 1 OF 2 AMENDMENT NO. 4 NAME OF CONSULTANT OR VENDOR: Raedeke Associates, Inc CONTRACT NAME & PROJECT NUMBER: Environmental Consultant ORIGINAL AGREEMENT DATE: 1/22/15 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor’s work is modified as follows: 1.Section I of the Agreement, entitled “Description of Work,” is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Continue the work outlined by the original scope of work until December 31, 2017 2.The contract amount and time for performance provisions of Section II “Time of Completion,” and Section III, “Compensation,” are modified as follows: Original Contract Sum, including applicable WSST $40,000 Net Change by Previous Amendments including applicable WSST $90,000 Current Contract Amount including all previous amendments $130,000 Current Amendment Sum $40,000 Applicable WSST Tax on this Amendment $ Revised Contract Sum $170,000.00 4TH AMENDMENT - 2 OF 3 Original Time for Completion (insert date) 10/31/2015 Revised Time for Completion under prior Amendments (insert date) 10/31/2016 Add’l Days Required (±) for this Amendment calendar days Revised Time for Completion (insert date) 12/31/2017 The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. (Remainder of page left intentionally blank) 4TH AMENDMENT - 3 OF 3 IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: By: (signature) Print Name: Richard W. Lundquist Its: Vice President DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its: Mayor DATE: APPROVED AS TO FORM: (applicable if Mayor’s signature required) Kent Law Department P:\ADMIN\CONTRACTS\Raedeke Associates Inc\2017 Amendment 4\Amendment 4 - Raedeke.docx This page intentionally left blank. Agenda Item: Consent Calendar – 7H_ TO: City Council DATE: September 5, 2017 SUBJECT: Amendment to Consultant Services Agreement with Theresa Dusek Consulting for Environmental Consulting – Authorize SUMMARY: The original agreement was for Theresa Dusek Consulting to provide environmental review for Developmental Engineering. This amendment will extend the expiration date to December 31, 2017 which will better coincide with the City’s budget year. In order to extend the time frame the financial expenditures will need to increase to cover that time period. A new annual contract will be written up to begin services 01/01/2018 closer to that date. EXHIBITS: Exhibit A – Amendment RECOMMENDED BY: Economic & Community Development Committee, passes 3-0 YEA: Berrios, Budell, Boyce NAY: BUDGET IMPACTS: No, funds currently in 2017 budget MOTION: Authorize the Mayor to sign the 2017, 3rd Amendment to the Consultant Service Agreement with Theresa Dusek Consulting to continue to provide environmental review. The amount of the amendment is not to exceed $23,000 and is subject to final terms and conditions acceptable to the City Attorney and Economic and Community Development Director. This page intentionally left blank. AMENDMENT #3 - 1 OF 2 AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: Theresa Dusek Consulting CONTRACT NAME & PROJECT NUMBER: Environmental Consulting ORIGINAL AGREEMENT DATE: 1/12/15 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor’s work is modified as follows: 1.Section I of the Agreement, entitled “Description of Work,” is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Continue that work until December 31, 2017 2.The contract amount and time for performance provisions of Section II “Time of Completion,” and Section III, “Compensation,” are modified as follows: Original Contract Sum, including applicable WSST $40,000 Net Change by Previous Amendments including applicable WSST $80,000 Current Contract Amount including all previous amendments $120,000 Current Amendment Sum $23,000 Applicable WSST Tax on this Amendment $ Revised Contract Sum $143,000 3RD AMENDMENT - 2 OF 3 Original Time for Completion (insert date) 10/31/2015 Revised Time for Completion under prior Amendments (insert date) 10/31/2017 Add’l Days Required (±) for this Amendment +61 calendar days Revised Time for Completion (insert date) 12/31/2017 The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. (Remainder of page left intentionally blank) 3RD AMENDMENT - 3 OF 3 IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: By: (signature) Print Name: Theresa R. Dusek Its: Owner DATE: CITY OF KENT: By: (signature) Print Name: Suzetter Cooke Its: Mayor DATE: APPROVED AS TO FORM: (applicable if Mayor’s signature required) Kent Law Department P:\ADMIN\CONTRACTS\Dusek\2017 Amendment 3\Amendment - Dusekdocx.docx This page intentionally left blank. Agenda Item: Consent Calendar – 7I_ TO: City Council DATE: September 5, 2017 SUBJECT: Hawkesbury West Final Plat – Approve SUMMARY: The Hawkesbury West preliminary plat subdivides two parcels totaling 3.60 acres into 21 single family residential lots, one sensitive area tract, one recreation tract, and a public road tract located at 27826 152nd Ave SE and 15229 SE 278th Place. All plat conditions have been met and final plat approval is now appropriate. EXHIBITS: Map and Conditions RECOMMENDED BY: Economic & Community Development and Public Works Staff BUDGET IMPACTS: None MOTION: Approve the final plat mylar for Hawkesbury West and authorize the Mayor to sign the mylar. This page intentionally left blank. I -! o fiE NORff/SOUN CENTER UNL UT sEc.35, T-22N, R-5E, W-M. EEARING NOO'45'26"E 'UNPLATTED sE 278h SmEET d 5'R,/W EASEMENT SEE NOTE 15 SHEET 2 OF 4 (PUBLtc) CONVEYED TO THE CITY OF KENT 8Y QUIT CLAIM DEED RECORDING NO.20170403000690 3.50' DEDICA'IED AND CONVEYED TO lHE CITY OF KENT UPON rHE RECORDING OF IHIS PI-AT ct.M/E DATA +1 t--gow'zs" R-25.0O' L=39.52' '2 L-71'42'5a" R-25.0O' L-31.29' 30'N zIa dN tr:)oaaYi I uj(r, lllt:>?<9 2N9 E &) U)td x I 4"Y I d llj h b Bz I N N o +3 A=64'41'32" R-51.50' L=58.15' *4 A-5a32'08' R=51.50' L=52.81' 15 A-64157'02" R-51.50' L=58.38' i6 6F3O'Ja'25' R=51.50' L=27.54' *7 L-39'17'O7" R=51.50' L=35.4a' i8 d-0633'16" R=25.o0' L-2.86' rs d-8952'35" R-25.00' L-39.22' '10 d=25'57'47" R=55.00' L-24.92' *11 A=901C4'26" R-2s'50' L=46.J8' +12 A=89'55'J4" R-29.50' L-46.30' z -|-ulil il or Ztol -l 3lL-l la !dt{t; ls ls) rolz I $J j o 4 04'TBACT'B' SENSI'TI\€ AREA 5,17a sq.ft. N Sgt}7o? w 4s63a N 8s'0tr14 W fiF.32' N 00{/54'E 18.12 152.00' 30' UNPLATTtrD GfrAPHIC SALE 1-314" BRASSTE w,/ PUNCH lN 4x4 CONC MONUMENT, FLUSH WN GROUNO N51'W 0.2'- ACCEPIED UNPLATIED tzi j-t ql iz ;l a!; ?\ z = dI 50 LOT ADDNESSINC LOT 1 - 15329 S.E- 278th STREET LOT 2 - 15525 S.E. 2781h SIREET LoT 5 - 27812 153rd PLACE SE. LOr 4 - 27811 15Jrd PLACE S.E LOT 5 - 27816 15Jrd PLACE SE. LoT 6 - 27818 153.d PLACE S.E. -_-^^ rc,_r Dr ^^F C F o25 100 ( rN r'0ET ) I ilch - 60 ft. J.U,D. JOINT USE DRIVEWAY EASEMENT C,O-K- CITY OF XENT SURVEY CON]ROL K.C.S,C, KING COUNTY SURVEY CONTROL HAWKESBURY WEST FSU-2OA7-2 KIVA No. RPPS-2170964 q A Portion of $.E, U 4, N.W. 114, Sec. gS, T-22N., R-SE., W.M. City of Kent, King County, Washington Nmfl8W A 5,719 sq.ft. FF J44.5 ir 2 5,7oo sq.ft- FF 347.5 REC. No. 780s10o759 PSPL ESMT '| 5,865 sq,ft. FF J48.5 20 5,700 sq.ft. FF J44.5 TBACT'A' REC. SPACE 6,481 rq.ft, ..1 t I "o'"l I -*"I ovtr' -"tol'.<{- I ^0$ l ."^ o" I(\\t" I bop IU bN B B z. c) t""^ 6f .o' DETAIL w a 11^o^ /p 18 FF- 1 1 4.00' t9 700 sq.ft- 73.55' --_'Tl_ 3 7,329 sq.ft. FF 345.0 7 75.67' 4 5,851 sq.ft. FF 345.5 I ,5' I .-.t'" I -al d:d 9l ur^to9 ,.,t < d'Rlda Elfi lED AND 10' V6DE UNLI'NES EASEMENT N TO THIS PLAT 16 5,700 sq.lt. FF.345.0 I t 't7 5,854 3q.ft. FF 344.0 *12 I { 21' J.U.D. ESMT 10.5' 6 7,554 sq.ft. FF 341.25 7J.90' .C ! s,z:e sq.tt. it F .344-5 o 7 6,600 sq.ft. FF J43.5 z 14 5,700 sq,ft. FF 346.0 7.5' l3 5.732 sq.ft. FF 345.0 12 5,9JO sq.ft. FF J44.0 496.J3' 11 5,743 sq.ft. FF J43.5 €o 6,916 sq.R. FF 344.0 5,780 sq.ft. FF J44.0 9 I 6,580 sq.ft. FF J4J.5 This page intentionally left blank. LAND USE HEAR.ING EXAMINER CITY OF KENT L) Theodore Paul Hunter Hearing Examiner t;Ltn1 KENT' WASHINGToN In the Matter of the Application of Schneider Homes For Approval of a Preliminarv Plat ) ) ) ) ) ) ) ) ) No. SU-2007-2 KIVA#RPP ]A7BT Hawkesbury N0v ]- FTNDINGS, CONCLUSI AND DECiSION {} g ?aos SUMMARY OF DECISiON The request for a preliminary plat to subdivide two parcels totaling 3,60 acres into 21 single family residential lots, one sensitive area tract, one recreation tract, and a public road tract located at27826152nd Ave SE and 75279 SE 278th Place, in Kent, Washington is APPROVED. Conditions of approval are necessary to mitigate specific impacts of the proposed development. SUMMARY OF RECORD Request: Schneider Homes requests a preliminary plat to subdivide two parcels totaling 3.60 acres into 21 single family residential lots, one sensltive area Lract, one recreation.tract, and a public road tract. The property subject to the requests is located al27826 152nd Ave SE and 15229 SE 27Bth Place, in Kent, \l/ashington. Hearinq Date: The Hearing Examiner held an open record hearing on the request on October 2L,2009 Testimony: The following individuals presented testimony under oath at the open record hearing Sharon Clamp. City Planner Mike Gillespie, City Development Engineering Manager Lynn Granberg Hans Korve, for the Applicant Gary Gill, P.E,, for the Applicant Exhibits Revised MDNS & related documentation, dated September 9, 2009 Revised Checklist Application Form, dated August 6, 2009 Findings, Conclusions and Decision Hawkesbury II Preliminary Plat su-2007-2 / RPP3-207078 I Page 1 af 21 1 2 ffiw*.lCq*-@ aJ. 4. 5. 6, 7. B, 9. 10 11 l1LL 13. 14. 15. 16. L7. JOao, 19. 2A. 1r. 23. 24 25 26 )-7 2B Environmental Review Report, dated August 3,2009 Comments frorn the Dept of Fish and Wildlife, daled August 79,2AO9 Distribution of SEPA Material, dated August 11, 2009 SEPA Threshold Determination, dated August 12, 2009 Confirmation from Kent Reporter on SEPA Notice, dated August 6,7009 Agenda StafF Report Distribution List of Agenda & Staff Report Long Subdivision Preliminary Plat Application Technical information Report prepared by Daley-Morrow-Poblete, revised April 25, 2008 Preliminary Technical Information Report Addendum, dated )uly 77, 20OB Supplemenial Title Report, dated February 26,20A7 Resubmittal Forms and related correspondence, dated June 23, 2009 Certificate of Water Availability, dated September 11, 2009 Certificate of Sewer Availability, dated September 9, 2A09 Department Comments Routing Slip Public Hearing Notice Confirmation from Kent Reporter on Public Notice, dated October 6, 2009 List of 300 foot radius households, dated October 6, 2009 Revised Notice of Application/Proposed MDNS, dated September 76,7007 Notice of Application, dated April 4, 2007 Confirmation frorn Kent Reporter on Revised NOA, dated September ?0, 2A07 Confirmation from Kent Reporfer on NOA, dated March 29,2007 Distribution List of NOA/MDNS Material, dated September 26, 2OO7 Distribution List of NOA, daled April 4,2007 M iscellan eous Correspondence Public Comment email from Holman Family, dated August 25, 2009, and color photos Large Drawing of Site Plan, Revision 6, dated June 24, 2009 a. Site Plan (Sheet 1 of 3) b. Exisling Conditions (Sheet 2 of 3)c. Site Plan (Sheet 3 of 3) Drawing of Stream Restoration Plan, dated June 26, 2008 Drawing of Preliminary Drainage Plan, dated May 2I,2008 79 30 I The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: FINDINGS Schneider Homes (Applicant) requests a prellminary plat to subdivide two parcels totaling 3.60 acres into 21 single family residential lots, one sensitive area tract, one recreation tract, and a public road tract.l The property subject to the request is located l The npplicant initially proposed subdivision of three lols, totaling 5.95 acres. On March 11, 2009, the City was notified by properly owneT Arne Granberg that his property rryould no longer be included in the proposed plat. Exhibit 23; Exhibit 26. Findings, Conclusions and Decision Hawkesbury II Preliminary Plat su-2007-2 / RPP3-2070781 Page 2 of 21 7 al 27826 l52nd Ave SE and 15779 SE 27Bth Place, in Kent, Washington.z Exhibit 2; Exhibit 9, staff Report, page 2; Exhibit 11; Exhibit 23; Exhibit 28. Hawkesbury II preliminary plat application on [he preliminary ptat application was complete on The City of Ke March L, 2OO7. ity) received thent (C The 3 March 19,2007. Exhibit 23 The City issued a notice of application, mailed notice to public agencies and parties of record, and published notice in the Kent Reporter. However, the City was unable to post notice of application on lhe property. On September 76,2007, the City issued a revised notice of application and proposed mitigated determination of nonsignificance/ posted notice on-site, mailed notice to public agencies and parties of record, and published notice in the Kent Reporter. The City provided notice of the open record hearing associated with the application by posting notice on*site on October 9,7009; publishing notice in the Kent Reporter on October 10, 2009; and mailing notice to parties oi record and all owners of property within 300 feet of the subject property, in compliance with City code requiremenls. Exhibit 9, Staff Report, page 6; Exhibit 20; Exhibit 21; Exhibt't 22; Exhibit 23; Exhibit 24; Exhibit 25' The City acted as lead agency in reviewing the environmental impacts caused by the proposal, as required by the State Environmental Policy Act (SEPA)' The City reviewed in"' nppil.ant's environmental checktist and other information on file with the lead agency'and determined that with conditions the proposal would not result in probable significant adverse environmental impacts, and issued a Mitigated Determination of N6nsignificance (MDNS) on August 72,2009,3 and a revised MDNS on September 9, 2O0g.Z The four MDNS conditions require the Applicant to address potential impacts by minimizing grading and the need for retaining walls; submitting a Traffic Impact Study and constructing ihe t.unsportation improvements called for or pay an Environmental Mitigation Fee representing the project's fair share of the City's South 277"d Street/South 227rh Street Corridor Project; submitting and receiving City approval of a Stream Restoration Plan; and paying a regional sidewalk improvement mitigation fee to the School Pedestrian Walkways Fund. Sharon Clamp, City Planner, testified that no appeals of the MDNS were received prior to the end of the MDNS appeal period. Exhibit 1; Exhibit 2; Exhibit 3; Exhibit 4; Exhibit 5; Exhibit 6; Exhibit 9, Staff Report, page 4; Exhibit 23; Exhibit 24; Exhibit 25' The property is zoned SR-6, single family residential, allowing development at a maximum density of 6,05 drvelling units per acre, and is designated SF-6, Single Family 2 The properties are identifled by King County lax parcel numbers 3522059081 and 3522059036. Exhibit 2; Exhibit 11. A legal description is provided as part of the Hawkesbury II Site Plan. Exhlbit 28.a (Sheel r of 3)- 3 According [o the city's Staff Report, the MDNS was not physically posted on the site until september 9, 2009. The comment period was extended to September 23, 2009. Exhibit 9, Staff Report, page 4; Exhibit 26; Testimony of Sharon Clamp, City Planner. o The City used the optional Determination of Non-significance process set out under RCW 43'21C.110 as part of the revised Notice of Application issued September 76,2OO7 ' Exhibit 23' Findi ngs, Conclusions a nd Decision Hawkesbury II Preliminary Plat su-2007-2 / RPP3-2070781 4 5 Page 3 of 21 6 Residential under the City Comprehensive Plan. Surroundirlg property to the north, southeast, east, and west is likewise zoned SR-6 and designated SF-6. Adjacent property to the southwest is zoned NCC, Neighborhood Convenience Commercial, and designated NS, Neighborhood Services, under the City Comprehensive Plan. Kent Clty codi 6rccc1 i5.04.170; Exhibit 1, Staff Report, pages 2 and 3; Exhibit 11; Exhibit 2B' The Ciiy passed Ordinance No. 3830 amending the zoning code on March 6,7A07, which took effect 30 days after passage.s The Hawkesbury Ii- preliminary plat application vested prior to the effective date of Ordinance No. 3830.6 Development of the proposed plat would be governed by the lot standards applicable to the SR-6 zone prior to passage of Ordinance No. 3830, including a minimum lot area of 5,700 square feet and a minimum lot width of 50 feet. The lots proposed by the Applicant would range in area from 5,700 square leet to i.1,961 square feet. Ms. Clamp testified that all lots would comply wiih the SR-6 zone standards. The proposed development of 21 residential lots on 3.60 acres would result in a density of 5.83 dwelling units per acre. Exhibit 9, Staff Report, pages 3, 76, 17; Exhibit 28; Testimony of Ms. Clamp. The City identified Comprehensive Plan goals and policies relevant to the plat application. Land Use Element goals and policies encouTage development of a range of residential lot sizes and designs, located near community services, at a minimum density of four dwelling units per acre.t Community Design Element goals and policies encourage the use of low-impact development techniques to protect water quality and quantity.B Housing Element goals and policies encourage development of affordable housing to expand home ownership opportunities through a mix of housing styles and site design and ensure that developers contribute their fair share to needed improvements,e Transportation Element goals and policies ensure sufficient s Ms. Clamp testified that Ordinance No.3830 added two extra requirements regarding garages and landscaping that do not apply here. In addition, the design criteria specified in the Ordinance do not apply to the application. Testimony of Ms. Clamp' 6 Clty code provides: A project perrnit application shall vest upon the submission of a fully completed project permit appliCation, as defined in KCC 12.01.100. Vesting shall apply to land use regulations in effect on Lhe tand at the time a fully completed project permit applicatlon has been accepted as complete pursuant to KCC 12.01.i00(D)' KCC 12.01.105. The plat application was received March 28, 2OO7, but was not determined to be complete until April 11, ZOOT. it appears that the City determined that the plat application vested to the previous code based on the date the application was submitled. Exhibit 4; Exhibit 14. t the City identified the following Land Use goals and policies as particularly relevant to the application: Goals LU-1 and LU-10; and Policies LU-1.1, LU-9.1, LU-9.4, and LU-10.4. Exhibitg, Staff Report, pages 7 and B. t The City identifled the following Community Design goals and policies as particularly relevant to the application: Goals CD-20 and CD-22; and Policies CD-20.I, CD-22.2, and CD-22.3. Exhibit 9, Staff Report, pages 10 and 11. , The City identified the following Housing goals and policies as particularly relevant to the applicalion: Goals H-2, H-5, and H-7; and Policies H-2.3, H-2.5, H-5.1, H-5.2, and H-5.3. Exhibit 9, Staff Report, pages B and 9. Findi ngs, Conclusions and Decision Hawkesbury II Preliminary Plat su-2007-2 / RPP3-2070781 7 Page 4 of 21 B transportation facility capacity through coordination of residential developrnent and transportatiorr projects.l0 City Comprehensive Plan, Land lJse Element (last revised May 4, 2A06), pages 4-26 and 4-32; City Comprehensive Plan, Community Design Element, pages 5-25 and 5-26; City Comprehensive Plan, Housing Element, pages 6-17 and 6-14; City Comprehensive Plan,'fransportation Element, page 9-40; Exhibit 9, Staff Report, pages 7 - 11, Two existing homes and associated outbuildings are located on the property, to be removed with development of the proposed plat. The property features evergreen and deciduous trees, residential Iandscaping, and grass, The City requires reten[ion of all [rees over six-inch caliper to the maximum extent possible.lr According to the environmental checklist prepared by the Applicant, the majority of the site has been cleared, with most trees located along the property lines. The Applicant proposes clearing [he entire site for plat development, with the exception of the sensitive areas tract. Ms. CIamp testified that the tree requirements included in Ordinance No. 3830 do not apply to the proposed plat. She testified that the applicable code requires that trees be retained as feasible. Sl-re explained that the City would review the Applicant's tree plan during construction review. KCC 15.08.240; Exhibit 2, page 10; Exhibit 9, Staff Report, page 4; Testimony of Ms. Clamp. The property is bordered by 152nd Avenue SE to the west and SF 27BLh Street to the north. Proposed Lots 1 and 2 would be directly accessed from SE 27BLh Street. The remainder of the proposed lots would be accessed by a new public road and a new private road. SE 27Bth Street is classified as a Public Residential Street. 152nd Avenue SE is classified as a minor arterial street with shared travel lane. Neither street is lully developed to current city streel standards. The Applicant would construct street improvements along property frontage with SE 278th Street and 152nd Avenue SE, and would construct the proposed new public road to residential street standards. The street frontage improvements and new public street would include construction of sidewalks. The stalf report states that development of the proposed plat would result in significant additional congestion at the intersections of IlZ"d Avenue SE/Kent- Kangley Road, L44rh Avenue SE/Kent-Kangley Road, and 132nd Avenue SE/Kent- Kangiey Road. Mltigation of traffic impacts is required by the MDNS. Exhibit 1; Exhibit 9, Staff Report, pages 4, 5, L4. 10 Lynn Granberg, a resident of 152nd Avenue SE for 17 years, testified to request that the Applicant construct a Ieft turn lane for southbound traffic. Applicant Representative, Hans Korve, testified that no left turn lane is required. He further testified that the Applicant could atign SE 27Brh Street as part of the street improvement if the Granberg to The City identified Transportation Goal TR-1 and Policy TR-1.2 as particularly relevant to this application Exhibit 9, Staff Report, pages 9 and 10. tt KCC 15.08.240.A provides that: Retention of signiflcant trees as required by this section is r-recessary to maintain and protect properLy values, to enhance the visual appearance of the city, to preserve the nalural wooded character of the area, to promote utilization of natural systems, to reduce the impacts of development on lhe storm drainage system, and to provide a transiLion between various land uses in the city. Findings, Conclusions and Decision Hawkesbury II Preliminary Plat su-2007-2 / RPP3-207078 1 I Page 5 of 21 11 L7 1) -.t- .) I4 property were included in the plat; however, without the Gra.nberg property in the plat, the Applicant cannot align the street. Gary Gill, P.E., testified for the Applicant that a left turn lane would be a challenge, but could be implemented in the future, Testimony of Ms. Granberg; Testimony of Mr. Korve; Testirnony of Mr. Gill. The MDNS requires that the Applicant construct off-site sidewalks to provide safe walking conditions for students at[ending Horizon EIementary School, or pay a regional sidewalk improvement mitigation lee. Ms. Clamp testified that the referenced school should be changed to Covington Elementary School. She testified that the City only considered walking conditions for elementary school students, and did not review junior high or high school studenI pedestrian conditions, Ms. Granberg testified ihat the sidewalks should be located along 152nd Avenue SE, where school children wait for buses. Mr. Korve testified that the Applicant would construct sidewalks along the property frontage. Students residing in the proposed plat would be served by the Kent School District. King County Metro serves the City, r,vith the nearest park and ride located at l-32nd Avenue SE and SE 268th Street. Mr. Korve testified that no bus shelters would be provided with the proposed street improvements. Exhibit 1; Exhibit 9, Staff Report, pages 5 and 14; Testimony of Ms. Clamp; -festimony of Ms. Granberg; Testimony of Mr. Korve. A Type 3 stream flows north/south along tlre western property lrontage with 152nd Avenue SE. The stream is located within an existing ditch. The Applicant would relocate the stream outside of the 152nd Avenue SE right-of-way, rnrithin a sensiLive area tract in the southwest portion of the property. The Applicant would submil a City- approved stream restoration plan depicting the proposed stream location and meandering path. Under the City code in effect at the time the application was complete, the Type 3 stream requires a 40-foot wide buffer. The Applicant would set aside Tract B as a sensitive area tract for the relocated stream and associated buffer. The state Department of Fish and Wildlife notified the City that a Hydraulic Project Approval (HPA) would be required for the proposed stTeam relocation. Mike Gillespie, Development Engineering Manager, testified for the City that a proposed condition of approval regarding replacement of stream culverts should be amended to state that any replacement culverts will be sized "to provide adequate conveyance capacity as approved by Public WoTks." Exhibit 2, page 7; Exhibit 4; Exhibit 9, Staff Report, pages 1 and 4; Exhibit 28; Testimony of Mr. Gillespie. Daley-Morrow-Poblete, Inc. prepared a Technical inlormation Report (TiR) on behalf of the Applicant, dated February L4,2007, and revised April 25, 2008. The TIR states that stormwater runoff from adjacent properties is immediately infiltrated and thus no runoff flows onLo the subject property from adjacent properties. The Applicant proposes routing all stormwater runoff from the proposed plat to an existing stormwater retention facility in the Taylor Glen plat, across the street from the subject property. The Applicant would enlarge the Taylor Glen stormwater facility to mitigate for the increased runoff. The Applicant also proposes creating bioswales to provide tryater quality treatment prior to infiltration on-site. Exhibit 12; Exhibit 13. Thomas and Jeannie Holman sent an email to the City dated August 25, 2009, expressing concern regarding poteniial flooding. The Holmans provided photos of Fi ndings, Concl usions and Decision Hawkesbury II Preliminary Plat su-2007-2 / RPP3-2070781 Page 6 of 21 recent flooding over SE 278fi'street from the Killa Hans plat, adjacent to the subject property, and from the Taylor Glen stormwater facility. The Holmans noted that the flooding resulled in the closure of SE 278th Street. The Holmans expressed concern that development of the proposed plat woufd increase runoff, and increase the risk of future flooding. Ms. Granberg testified that in the winter of 2OOB/2009, stormwater runoff flooded out of the exisllng Taylor Glen pond and flowed over several properties in the vicinity, including her own. She testified that some of the flooding may come from Lake Meridian, as the ditch along 152"d Avenue SE drains the lake and occasionally overtlows. Ms. Granberg expressed concern that additional development would result in more flooding. Exhibit 26; Exhibit 27; Testrnony of Ms. Grartberg. 15 Ms. Clamp testified that development of the Killa Hans plat was initiated, but then abandoned during the economic downturn. She explained that the Killa Hans developer excavated a pond, but did not direct runoff to the pond. She testified that this may have contributed to the recenl flooding. Ms. Clanrp further testified that the proposed enlargement of the Taylor Glen stormwater facility would address potential flooding. Mr. Gillespie testified for the City that the Killa Hans issue has been resolved, and that no wa[er would flow over the road from that property in the tuture.12 Mr. Korve testified that the Applicant would correct tl-re deficiencies of the Taylor Glen pond so that it will not flood in the future. Mr. l(orve noted that by using the Taylor Glen pond, the Applicant would have additional space on the property to provide an on-site park. Mr. Gill, P.E., testified for the Applicant that the Taylor Glen stormwater pond was approved by King County as an infiltration pond. HoweveT, he testified that the pond's oveflow pipe regularly discharges into [he ditch, which suggests that no infiltration is occurring. Mr. Gill testified that the pond may need to be resized for Infiltralion, changed to a detention pond, or at the least cleared of debris to allow for infiltration. Mr. Gill testified that the Lake Meridian Project is underway to re-direct the lake outleL from the 152nd Avenue SE ditch to Soos Creek. Mr. Gill tes[iFGd that the Applicant would perform a % mile downstream analysis to determine if culverts block water flow. Mr. Gill testified that City Code does not require the use of low-impact development techniques (LID), and requested that proposed condition of approval No. A-I7, requiring the use of low-impact development Lechniques, be amended to encourage use of LID rather than mandate it. Mr. Gillespie accepted the change in condition language. Testimony of Ms. Clamp; Testimony of Mr. Gillespie; Testimony of Mr. Korve; Testimony of Mr. Gill. lb KCC 12.04.780 requires developers to dedicate five percent of site area as open space for parks or pay a fee in lieu of dedication. The Applicant proposes construction of a 6,841 square-foot park in Tract A. The proposed park would only be 84 percent of the size required by Code. The Applicant would pay a pro rated fee for the remaining amount. The City Planning Department accepted the proposed park and fee. Exht'bit 9, Staff Report, page 13; Exhibit 18. 12 The Killa Hans plat was approved in May 2007. At the open record hearing on the Killa Hans plat application, City staff testified that the City is committed to soil inflltration as a method of surface water runoff control. Conditions of plat approval for Killa Hans required the Applicant to incorporate soil infiltration into the proposed stormrvater retention system. The Killa Hans stormtnrater system rvas required to comply with the City of Kent Construction Standards and the 2002 City of Kent Surface Water Design Manual (KSWDM). See Headng Examiner Decision, Killa Hans Preliminary Plat, No. SU-2006-20 / KIVA #RRP3-2065719. Findi ngs, Conclusions and Decision Hawkesbury II Prelintinary Plat su-2007-2 / RPP3-2070781 Page 7 of 21 I/King County Water District No. 111 would provide water service to the proposed plat. Soos Creek Water and Sewer District would provide sanitary sewer service to the proposed plat. The Applicant obtained certificates of water and sewer availability, dated September 77,2009, and September 9, 2009. Exhibit 9, Staff Report, pages 72 and 1.7; Exhibit 16; Exhibit 17. 1B The adjacent Hawkesbury i plat contained conditions of approval stating that the plat was subject to 10O-foot weli protection setbacks. Ms. Clamp testified that the site survey does not show any wells in the vicinity of the proposed Hawkesbury II plat, and thai she does not know of any wells In the vicinity of the proposed plat. She further testified that [he proposed plat is located outside of potential floodplains. Hearing Examiner Decision, Hawkesbury Prellminary Plat, No. SU-2006-18 / KIVA RPP3- 2070246; Testimany of Ms. Clamp. l-9 The City recommended approval of the proposed plat, witl-r conditions. Exhibit 9, Staff Report, page 17; Testimony of Ms. Clamp. CONCLUSIONS I urisdiction The Hearing Examiner has jurisdiction to hold a hearing on preliminary plat applications; to consider all evidence presented at the hearing; and, based on that evidence, to approve, approve wilh conditions, or disapprove the preliminary plat. Chapter 2.32 Kent City Code (KCC); Chapter 12.04 KCC; Chapter 58.77 Revised Code of Washington (RCW). ThedecisionoftheHearingExamine.ffibytheevidencepresentedandmust be consistent with the standards and criteria for review specified in state statutes and city ordin ances. The standards and criteria for review of preliminary plat applications are found in Chapter L2.O4 KCC and Chapter 58.17 Revised Code of Washington (RCW). The review criteria include the following: No subdivision shall be approved unless the following principles of acceptability are met; the subdivision shall: 1, Create legal building sites which comply with all provisions of KCC Title 15, Zoning, and health regulations; 2. Establish access to a public road for each segregated parcel; 3. Have suiLable physical characteristics; a proposed plat may be denied because of flood, inundation or wetland conditions; slope, soil stability and/or capabilities; or the construction of protective improvements may be required as a condition of approval; 4. If adjacent to another municipality or King County, take inlo consideration the subdivision standards of that jurisdiction as well as the requirements of this chapter; Fi ndings, Conclusions and Decision Hawkesbury II Preliminary Plat su-2007-2 / RPP3 -2070781 Page B of 21 5. Make adequate provision For stormwater detention, drainageways, water supplies, sanitary wastes, and olher public utilities and services, as deemed n ecessa ry; 6. Make adequate provision for the connectivity of streets, alleys, pedestrian accessways and other public ways. KCC 12.04.635. Furthermore, a proposed subdivision and dedication shall not be approved unless the City Finds lhat: 1. Appropriate provisions have been made for: a. The public health, safety and general welfare of the community; b. Protection of environmentally sensitive lands and habitat; c. Open spaces; d. Community parks and recreation; e. Neighborhood tot Iots and play areas; f. Schools and school grounds; g. Drainageways; h. Stormwater detention; i. Connectivity of sidewalks, pedestrian pathways, traffic calming feafures and devices, and other planning features that assure safe walking conditions within and between subdivisions and neighborhoods for residents and students who walk to and from schools, parks, transit stops and other neighborhood services;j Connectivity of streets or roads, alleys, pedestrian accessways, and other public ways within and between subdivisions and neighborhoods; k. Tra nsit stops; l. Potable water supplies; m. Sanitary wastes; n. Other public u[ilities and services, as deemed necessary; and 2. The City has considered all other relevant lacts; and 3. The public use and interest will be served by the platting of such subdivision and dedication; and 4. The City has considered the physical characteristics of a proposed subdivision sile and may deny a proposed plat because of flood, inundation, or wetland conditions, slope, or soil stability and/or capabilities. Construction of prolective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. KCC 12.04.685.A. The criteria set forth in the Kent City Code are essentially identical to those in [he Revised Code of Washington (RCW). The subdivision criteria described in the RCW must also be met by the application before a decision of approval can be made: Appropriate provisions must be made for the public health, safety and general welfare, lor open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wasLes, parks and Fi nd ing s, Conclusions a nd Decision Hawkesbury II Preliminary PIat su-2007-2 / RPP3-207078 1 Paqe 9 of 21 1 Fi ndings, Concl usions and Decision Hawkesbury II Preliminary Plat su-2007-2 / RPP3-207078 1 recreation, playgrounds, schools and school grounds and ali other relevant facts including sidewalks and other planning features that assure safe walkinq conditions for studenLs who only waIk to and from school; and the public interest must be served by the subdivision. RCW 58.17.110 Conclusions Based on Findinqs With conditions, the proposed plat satisfies the requirements of KCC L2.O4.635. The proposed lots would comply with the size and density standards of the SR-6 zone, consistent with KCC Title 15. Conditions of approval would encourage the Applicant to implement low-inrpact development techniques, consistent with the Comprehensive Plan. Existing residences and associated outbuildings will be removed with plat development. Proposed Lots 1 and 2 would directly access SE 278th Street; the remaining lots would access SE 278th Street through a new public road and a new private road. Conditions of approval would ensure that the Applicant constructs the new public street to City residential street standards, and conslructs frontage improvements along SE 278th Street and 152nd Avenue SE. The Applicant would construct sidewalks as part of the street frontage improvements, and would either construct off-site sidewalks or pay a regional sidewalk improvement mitigation fee to ensure safe walking conditions for students accessi Covin gton Flementary School. A Type 3 sLream flows through a di h'-a p would relocate the stream, wi 40- Conditions of approval are nece ta rn border. The Applicant a sensitive areas tract. licant provide an approved 2 ensure Stream Relocation Plan and replace c lverbs upslream and downstream as necessary The Applicant would use an existing st rmwater system located in the neighboring plat of Taylor Glen. Conditions of approval are necessary to ensure that the Applicant perform a downstream analysis, and enlarge and improve the Taylor GIen stormwater system as required. Members of the public testified that the Taylor Glen stormwater system recently flooded, and expressed concern that development of the proposed plat would result in increased flooding. The Applicant and City staff testified that abandoned development on the Killa Hans plat adjacent to the subject property contributed to the flooding, as did an inadequale stormwater facility in the Taylor GIen plat. City staff testified that the conditions on the Killa Hans plat would be remedied. Hans Korve testified that the Applicant would improve the Taylor GIen stormwater facility to prevent luture flooding. Conditions of approval are necessary to ensure that stormwater facilities are constructed in compliance with the 2002 City of Kent Surface Water Design Manual. Water District No. 111 would provide water service to the proposed plat. Soos Creek Sewer and Water District would provide sanitary sewer service to ihe plat. Findings 7,4 * 9,77 - 73,75, 17 - 18. With conditions, the proposed plat satisfies the requirements of KCC 12.O4.685.A. The City provided notice of the plat application and associated open record hearing, The City acted as lead agency to review the environmental impact of the proposed plat, as required by the State Environmental Policy Act. The City determined that with conditions, the proposed plat would not result in probable significant adverse environmental impacts. The City issued a Mitigated Determination of Nonsignificance (MDNS) on August 72,2009, and a revised MDNS on September 9, Page 10 of 21 2009. The property features a Type 3 stream, wlrich flows in a ditch along the property's western frontage with I52"d Avenue SE. Conditions ol upp.ouui are necessary to ensure that the Applicant relocate the stream and associated buffers in a sensitive areas tracb in the southwestern portion of the proper[y. The Applicant would obtain a Hydraulic Project Approval (HPA) permit from lhe Washington Department of Fish and Wildlife. The Applicant would retain trees as feasible, pursuant to KCC 15.08.240, The proposed plat makes adequale provision for open spaces, community parks and recreation, tot lots, and play areas with a new park on-site and [he payment of pro-rated impact fees to the City of Kent. The Applicant would enlarge and improve an existing stormwater facility Iocated in the neighboring Taylor: GIen plat to manage all stormwater runoff. The Applicant Representative and City staff testified that the proposed improvenrents to the Taylor Glen stormwater facility would prevent the facility from flooding in the future. Two proposed lots would connect directly to SE 271th Street; the rernaining iots would be accessed by a new public road and a new private road connecLed to SE 77}tt' Street. Traffic impacts on adjacent streets would be mitigated pursuant to MDNS conditions. King County Metro serves the City, with the nearest park and ride located at 132nd Avenue SE and SE 268th Street. The Applicant does not propose bus shelters. The Applicant would construct street frontaqe improvements, including sidewalks. Corrditions ol approval are necessary Lo ensure that safe walking conditions are provided for sludents walking to and from schools or bus stops. Findings 1 - 19. With conditions, the requirements of RCW 58.17.L10 have been satisfied. Members of the public expressed concern that recent flooding would be exacerbated with the proposed development. The Applicant and City staff testified that the conditions causing the flooding will be Fixed. Conditions of approval are necessary to ensure that the Applicant perform a downstream analysis of the Taylor Glen stormwater facility, and correct and enlarge any culverts as needed. The City recommended approval of the proposed plat, with condilions. Findinqs 1 - 19. DECISION Based on the preceding Findings and Conclusions, the request to subdivide 3.60 acres into 21 single-family residential lols, one sensitive area tract, one Tecreation tract, and a public road tract, is APPROVED, subject to Lhe following conditions:13 3 A DATNP TN DtrT-OR NT NG THIS SUBD T\/TqTNI\I The Owner/Subdivider shall pay all Charges in Lieu of Assessmenls and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or prior to recording this plat, whichever comes first. The Owner/Subdivider shall provide Publjc Works with a digital plai map prepared with a CAD program. The digital information can be formatted in eitherx.DWG (AutoCad) or x.DXF (Drawing Exchange File), bui must be based upon State Plane coordinates; an assumed coordinate system is not permitted. The 13 This decision includes condi[ions required to meel City Code standards as well as conditions required to reduce unique project impacts. Findings, Conclusions and Decision Hawkesbury II Preliminary Plat su-2007-2 / RPP3-2070781 I 2 Page 11 of 21 \ l 3 State Plane Coordinates shall be on the NAD 83/97 datum and must relate Lo at least two City of Kent reference points within one half mile of the subdivision. In addition, the project shall be tied into at leasL two City of Kent NAD BB vertical benchmarks and two additional permanent benchmarks shall be established within the project. The locations, descriptions and elevations of these benchmarks will be reported at the time as-built drawings are submitted along with field notes sufficient to verify [he required precision. The Owner/Subdivider shall submit and receive City approval of a Stream Restoration Plan. Due to the requirement to improve the 152nd Avenue SE right- of-way, this plan shall include relocation of the stream outside the ROW on parcel 3522059081 abutting 152nd Avenue SE and creation of meanders in the stream channel. Pursuant to Kent City Code 11.06.680.A, the stream buffer that has been previously disturbed (i.e. lawn grass) shall be restored pursuant to a restoration plan, including removal of invasive plants and planting with native Lrees and shrubs. Four (4) copies of the Stream Restoration Plan are required in order for the CiviI Construction and/or Grade and Fill applications to be deemed complete. The City Tecommends you submit the Stream Restoration Plan as early as possible to expedite review. The Owner/Subdivider shall submit and receive City approval for engineerinq drawings from the Department of Public Works, and shall then either construct or bond for the following: a A public Aravity sanitary sewer system to serve all lots This development will be served by the Soos Creek Water and Sewer District and will be constructed to Soos Creek Water and Sewer District standards and specifications. The public sanitary sewer system shall be extended from the existing public sanitary seweT system and shall be sized to serve all off-site properties within the same service area, In addition, the sanitary sewer system shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area, unless otherwise determined by the sanitary sewer purveyor. The septic system serving the existlng home(s) within the proposed subdivision, if any, shall be abandoned in accordance with King County Health Department Regulations. A public water system.meeting domestic and fire flow requiremenLs for all lots. This development will be served by water District No. 111 and will be constructed to Water District No. 111 standards and specifications. 4 b Fin dings, Conclusions and Decision Hawkesbury II Preliminary Plat su-2007-2 / RPP3 -2070781 Page 12 of 21 C The public water system shali be extended and shali be sized to serve all off-site properties within the same service area. In addition, the water main exLension shall be extended across the entire subdivision as needed Lo serve adjacent properties within the same service area, unless otherwise determined by the water purveyor. Existing wells, it any, shall be decommissioned in accordance with the requirements of lhe Departmenl of Ecology. A sLormwater system. The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface water Design Manual (KSWDM). Initial guidance for the Engineering Plans is given below (See chapter 2 of KSWDM for detailed submittal requirements) : (1) The Engineering PIans will include at a minimum: site improvemenl plans which include all plans, details, notes and specifications necessary to construcL Toad, drainage, and other related improvements. The engineering plans shall include a technicar inlormation report (TIR) which contains all the technical information and analysis to develop the site improvement plans. (2) An erosion and sedimenlation control (ESC) plan shall be included in the engineering plans. The ESC shall rneet the requirements of lhe Citv of Kent construction standards, and the 2002 city of Kent surface Water Design Manual. These plans must reflect the Detailed Gradinq Plan discussed below, and the Planning Services approved Detailed Tree PIan. (3) The retention/delention and release standard that will be met by the subdivision is Level Two. Tl-re water quality menu that will be met by the subdivision is the Resource Stream Protection Menu. (4) The site improvement plans and technical information report will contain drainage calculations and a drawing of the retention/detention pond tract at an appropriate engineering scale. The site improvement plans will also show that all required stormwater management facilities will be outside of delineated wetlands and their bufters, as well as outside of creeks and rivers and their butfers. (5) A downstream analysis is required for this development, and it iryill include an analysis for capacity, erosion potential, and water quality. Refer to the requirements of Technical Information Report in Section 3: "Offsite Analysis", of the 2002 City of Kent Surface Water Design Manual for the specific information required for downstream analysis. (6) Roof downspouts for each roofed structure (house, garage, carpoft, etc.) shall be diverted to a Roof Downspout Infiltration system Findings, Conclusions and Decision Hawkesbury II Preliminary Plat su-2007-2 / RPP3-207078 1 Page 13 of 21 .\ , meeting [he requirements of Section 5.4.s, Infiltration Trenches, ofthe 1998 Surface water Design Manuar. These roof downspout conveyance' and infiltration systems shall include overflow pipes connected to an approved dispersion system. The drainage plans shall include an approved detail for the roof downspout infiltration system. The face of the recorded plat shall contarn the following restriction: AS A CONDIT]ON OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION SYSTEMS PER DFTAILS SHOWN ON THE APPROVED PLANS. (7) If determined necessa review and approval Owner/Subdivider shal the requirements of th ry by the Public Works Department tollowinof the required downstream analysis, th g eI provide public drainage easements meetin g e Citv of Kent Construction Standards fo r thespecified downstream reach rryhere easements do not currently exist. adeq uate pu blic dra in age (B) The Owner/Subdivider shall submit landscape plans for wilhin andsurrounding the retention/detention facility to the planning Department and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval ofthe Engineering Plans. These landscape plans shall meet the minimum requirements of the city of Kent construction Standards, and thestormwater management iandscaping requirements contained withinthe 1998 King county surface water Design Manual . Landscape plans are required to show adjacent street frees so that the City arborist can assess potential adverse sfress upon all types of vegetation. (9) The Owner/Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the private portions of the drainage systemprepared by the Property Management section of the Department of Public Works. See Reference B-F, Declaration of Stormwater Facility Maintenance covenant, to the 2002 city of Kent surface water Design Manual for information on what is contained within this document. (10) The site encompasses a portion of the Lake Meridian Outlet which has experienced hydraulic capacity problems and degraded stream buffers. As a condition of the site, any replacement culverts installed under SE 27Bth Street to connect the stream system upstream and downstream will be sized to provide adequate conveyance capacity as approved by Public Works. d A Deta of the iled Grading Plan for the entire subdi vision meeting the requirements , and City of Kent Development Findi ngs, Conclusions a nd Decision Harukesbury II Preliminary plat su-2007-2 / RPP3-2070781 Paqe 14 of 21 f Ken n Standa :l .-l Assistance Brochure # 7-3, Excavation and Grading permits & Grading Plans. Initial guidance for these plans is given below: (1) These plans will include provisions for utilities, roadways, retention/detention ponds, stormwater treatment facilities, and a building footpad for every lot. (2) These plans shall be designed to eliminate the need for processing several individual grading permits upon application for buildingpermits: phasing of grading on a lo[-by-lot basis will not be considered. (3) These plans shall show any proposed grading for wetland mitigaiion areas and shall be consistent with the approved Final wetland Mitigation Plan. (4) These plans will use a Z-foot maximum contour interval, and every fifth contour line will be darker, wider and labeled in conformance to standard drafting practice. e Street Improvement Plans for SE 278th Street Plans shall meet the requirements of the These Street Improvement Citv of Ken Construction standards. and city of Kent Development Assistance Brochures #6-2, Private and Public street Improvemenfs, and #6-8, sfreef Improvement Plans, for a street designated as a Public Residential Street within the Cityof Kent Transportation Master Plan. Initial guidance for the necessary interim street improvements is given below: (1) combined vertical concrete curbs and gutters, a S-foot wide planter strip, and a S-foot cement concrete sidewalk along the south side of the street. (2) A minimum of 20 feet of Hot Mix Asphalt (HMA) pavement. The HMA pavement shall be provided with a 20-year service life as determined by the process identified in the City of Kent Development Assistance Brochure #6-2, Private and Public Sfreef Requirements. (3) (4) Findings, Conclusions and Decision Hawkesbury II Prefiminary Plat su-2047-2 / RPP3-2070781 A City-approved street lighting system. Public stormwater conveyance, detention and treatment facilities as applicable. (5) Street trees installed within the 5-foot wide planting strips constructed between the back of curb and the front of the cement concrete sidewalk. These street trees will be located as approved by the Public works Department, and the species shall be selected from the Approved Street Tree Lisl contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. Page 15 of 21 f. Interim Street Improvement Plans for 15Znd Avenue Southeast. These Interim Street Improvement Plans shall meet the requirements of the City of Kent Consiruction Slandards.and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvemenfs, and #6-8, Street Improvement Plans, for a street designated as a Minor Arterial Street with a Shared Travel Lane for bicyclists. Initial guidance for the necessary interinr street improvements is given below: (1) Combined vertical concrete curbs and gutters and a 1O-foot cement concrete sidewalk along the east side of lhe street. (2) A minimum of 34 feet of Hot Mix Asphalt (HMA) pavement, as measured from the approved centerline of the street to the face of curb on the east side of the street. The HMA pavement shall be provided with a 20-year service iife as determined by ihe process identified in the City of Kent Development Assistance Brochure #6-? Private and Public Street Requirements. (3) (4) (4) (s) Findi ngs, Conclusions and Decision Hawkesbury II Preliminary Plat su-2007-2 / RPP3-2070781 g Public stormwater conveyance, detention and treatment facilities as a p plica ble. Street Improvement Plans for the new Public Residential Street 153'd Court SE connected to Southeast 27Brh Street and terminating in a cul-de-sac at its southerly end. The Street Improvement Plans for this street shall be designed in conformance to the requiremenls for a Residential Street as required by Citv of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Publlc Sfreef Improvemenfs and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street 2B-feet wide. Initial guidance for these street improvements is given below: (1) Combined vertical curb and gutter on both sides of the street. (7) A 5-foot wide planting strip construcled between the back of curb and the front of the sidewalk, and then a S-foot wide cernent concrete sidewalk except in the cul-de-sac where the planting strip can be eliminated. (3) A minimum of 28-feet of Hot Mix Asphalt (HMA) pavement, as measured from face of vertical curb to face of vertical curb. A City-approved street lighting system A City-approved street lighting system A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities. Page 16 of 21 h (6)Curb return radii of 20-feet at the inlersection of 153rd Courb SE and SouLheast 27Bt Street (7) Street trees installed within the 5-foot wide planting strips. TheseStreet trees will be located as approved by the public worksDepartmen[, and [he species shall be serected f'rom the Approved Slreet Tree List contained within City of Kent Development Assistance Brochure #1,4, City of Kent Sfreef lrees. Street Improvement Plans for the new Private Residential Streets, connecting to 153'd court SE and terminating with permanent cul-de-sacbulbs or an approved turnaround at Lheir termini. The Street ImprovementPlans for these streets shall be designed in conformance to therequirements for a Private Residential Street as required b y City of Kent Con strrLclio Standa rds , and City of Kent Development Assistance Brochure#6-2, Private and Public sfreef Improvements and City of Kent Development Assistance Brochure # 6-8, street Improvement plans for astreet at least 20-feet wide is given below: Initial guidance for these slreet improvemenLs (1) Private streets serving four or more lots: A minimum of 20 feet of Hot Mix Asphalt (HMA) pavement, measLrred from edge of pavement to edge of pavement, oT from face of vertical curb to lace of vertical curb, except tryhere the Fire Marshal requires addltional pavement width for emergency vehicle access. These private streets also shalt lnclude a 5-foot wide cement concrele sidewalk constructed along one side ol the street. Private streets serving between two and three lots: A minimum of 16-feet of Hot Mix Asphalt (HMA) pavement, measured from edge of pavemenL to edge of pavement, or from face of vertical curb to lace ofvertical curb, except where the Fire Marshal requires additionalpavement width for emergency vehicle access for private streets longer than 1O0-feet. (2) An approved cul-de-sac bulb, or turnaround at Lhe terminus of each roadway, unless these additional street improvements are not required by the City Fire Marshal. (3) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities. (4) All private streets will connect to the public street system with a Residential concrete Driveway Approach conforming to the minimum requirements of standard Detail 6-5(a). The minimum design inside radii for the driveway approaches serving all private streets shall be 3O-feel unless oLherwise approved by the Department of public works. Findings, Conclusions and Decision Hawkesbury II Preliminary plat su-2007-2 / RPP3 -2070781 Page 17 of 21 (5) All private streeLs will conform to the minimum horizontal and vedical alignment and safe stopping sight distances requirements for a public Residential Street. (6) (t) Fi ndings, Conclusions and Decision Hawkesbury II Preliminary plat su-2007-2 / RPP3-207078 1 Fire Lanes - if any - shall be marked as directed by the Fire Marshal. The private street, including sidewalks where applicable, must be centered within a privaLe roadway tract or easement that is at least 1-foot wider than the total width of tlre private Street and sidewalk combination. 5 The face of the final plat will cleariy identify all private streets, and which lots will be served by those private streets. The face of the final plat will also specify thatthe maintenance of all private streets is the sole responsibility of the property owners who are served by those private streets. The owner/Subdivider shall deed all public rigtrts-of-way, and otherwise conveyall private and public easements necessary for the construction and maintenanceof the required improvements for this subdivision development. The Owner/Subdivider shall permanently protect the approved and preserved, and/or enhanced, or created sensitive area(s) and the associated buffer(s) by creating a separate Sensitive Area Tract and deeding the tract in fee simple tothe City, OR by granting a Sensitive Area Easement to the City for the entire sensitive area, pursuant to Kent City Code Chapter 11.06. This Sensitive Area Tract or Easernent shall be consistent with the stream map contained within the approved stream Restoration Plan. The owner/Subdivider shall provide a legal description of said ease ct repared by a licensed land surveyor, prior Lo issuance of an Y onstruction Permits. The Sensitive Area Tract and the following language shall be included on the face of the recorded plat: sENSrrrvE AREA rRAcrs /_H:grytr DEDICATION OF A SENSITIVE AREA TRACT/EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL iNTEREST iN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILIry, VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT. THE SENSITIVE AREA TRACT / EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERSAND OCCUPIERS OF THE LAND SUB]ECT TO THE TMCT/ EASEMENT THE OBLIGATiON, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT,TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT, THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL ]N WRITING FROM THE CITY OF KENT. 6 7 Page 18 of 21 ") B 9 rHE COI\4MON BOUNDARY BETWEEN THE TRACT/EASEMENT AND THE AREA oF DEVELOPMENT ACTIViTY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CiTY OF KFNT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMFNT ACTIVITY, THE REQUIRED MARKiNG OR FTAGGING SHALL REMAIN ]N PLACE UNTIL ALL DEVELOPMENT ACTiViTIES IN THE VICINiTY OF THE SENSITIVE AREA TRACT ARE COMPLETED. NO BUILDiNG FOUNDATIONS, STRUCTURFS, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMiTED TO OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT/EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY, THE CIry OF KENT RFSERVES THE RiGHT TO INSTALL PUBLIC UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM DRAINAGE SYSTFM MAINTENANCE, BUT iS REQUIRED TO RESTORE OR ENHANCE THE SENSITTVE AREAS DISTURBED UPON THE COMPLETION OF THE UNDFRGROUND CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE. THE CiTY OF KENT ALSO RESERVES TIJE RIGHT TO ENHANCE THE SENSITIVE AREA TRACT OR EASEMENT VIA PLANTING NATIVE VEGETA|ION AND REMOViNG NON-NATIVE OR INVASIVE VEGFTATION. After construction, the stream and its associated buffer areas shall be isolated from intrusion by installing.a split-rail cedar fence around the entire buffer edge. In addition, sensitive area information signs (available from the Department of Public Works for $7.50 each) shall be placed at the buffer edge to inform and educate owners and nearby residents about the value of sensitive areas. Prior to release of any construcLion bonds, and prior to the approval of any building permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-7, As-Build Drawings, for: Streets; Street Lighting System; Water; Sewer; Stormwater Drainage Facllities; and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works. The Owner shall provide the Department of Public Works with a copy of an approved Hydraulic Project Approval (HPA), OR A WRITTEN WAIVER THERE FROM issued by the Washington State Department of Fish and Wlldlife prior to the issuance of any civil construction permits. Contact Larry Fisher of the Washington State Department of Fish and Wildlife at (425) 649-7042 for additional information. The Owner/Subdivider shall submit a copy of the NPDES permit coverage letter from DOE issuing a permit number and coverage under the Construction Stormwater General Permit. The letter shall be submit[ed to the City of Kent (COK) Department of Public Works, prior to issuance of civil construction or 10 11 Findi ngs, Conclusions and Decision Hawkesbury II Preliminary Plat su-2007-2 / RPP3-2070781 Page 19 of 21 l clearing and grading permits requirements of the e rt ', ..\ ) Th e co n stru ction s ile Natio shall meet all the ntD Eliminati n Svstem Con ction Stormwaler General Permil (.CSWGP)The Notice of Intent (NOI) application form for CSWGp can website at; be found on the DOE wat Note: if a 13. The 1-)IL 1A 1-5 16 17 project requires coverage under the NPDES CSWGP, then State Environmental Policy Act (SEPA) review shall be required. The Owner/Subdivider shall construct or bond for mailbox clusters per the standards and at locations approved by the Public Works Department and the Kent U.S. Postma Ildedicated to and for specific pa rk KCC. The park Services and the creation tra p VC maln e homeowner's association. Guidance irnprovements and ,construction can be found in 12.04.060 improvements shall be reviewed and approved by planning Parks Depaftment prior to civil construction permiL approval. Owner/Subdivider shall create a homeowner's association tor this subdivision Loensure that the property owners within this subdivision are advised of theirobligation to maintain and pay for maintenance required for the community park constructed within the development. Those sections of the required documentwritten to govern that association as they relate to the comrnunity park shall be reviewed and approved by the Department of Public Works prior to the recording the document, A pro-rated parks fee-in-lieu of dedication shall be paid in the amount of $4,233prior to recording the subdivision. The Owner/Subdivider shall submit applications to the City of Kent for review and approval to remove or otherwise relocate all buildings on the site. The Applicant is encouraged to utilize low impact development techniques in construction of the project, where determined feasible by the Kent public Works Department and Planning Services Division, including but not limited to rainwatercolleclion systems, porous paving on sidewalks, and bio-retention areas with curb cuts in planting strips along roadways. B. PRIOR TO THE ISSI-JANCF OF A BUILD]NG P ERMIT ON ANY IN THIS SIJBD EOW IV]S]ON, iVIDE Record the Plat construcL all of the improvements required in section A, above, and pay the respective fees-in-lieu including any mitigation (EMA or EMF) charges. 1 2 Fi ndings, Conclusions a nd Decision Hawkesbury II Preliminary plat su-2007-2 / RPP3-2070781 Paqe 20 of 21 I 3t _ '-J r") Receive approval of the required As-BuilL Drawings for Street, Street Lighting,Water, Sewer, and Stormwater Management Facilities as deemed appropriate bythe Department of Public Works. The ApplicanflOwner shall pay all Storm Water Utility connection fees associatedwith the subject property. DATED this 3'd day of November 2009 THEODORE PAUL HUNTFR Hearing Examiner bj b\s: \perrnit\pla n\long ptats\2 007\2070 7 BI-2007 -Zdecision. doc Findi ngs, Conclusions and Decision Hawkesbury II Preliminary plat su-2007-2 / RPP3-2070781 Page 21 of 21 4 This page intentionally left blank. Agenda Item: Consent Calendar – 7J_ TO: City Council DATE: September 5, 2017 SUBJECT: 2017 Second Quarter Fee-in-Lieu Funds – Accept SUMMARY: Between April and June 2017 the city of Kent received a total of $111,150.00 from the following developers, who voluntarily paid a fee in lieu of dedicating park land to mitigate the development of homes in local subdivision. These funds will be held in a reserve account for capital improvements at Clark Lake Park and Chestnut Ridge Park, and must be expended within five years. •Shartington LLC: subdivision into 9 lots in the 13800 block of SE 240th Street; $24,075 at Clark Lake Park •Jesse Cheema: subdivision into 13 lots in the 9800 block of South 200th Street; $29,250 at Chestnut Ridge •Sharmila Rathinam: subdivision into 18 lots in the 20500 block of 92nd Avenue South; $33,750 at Chestnut Ridge Park •Balmoral Kent LLC: subdivision into 16 lots in the 19500 block of 121st Place SE; $24,075 at Chestnut Ridge Park EXHIBITS: Copy of Revenue Report RECOMMENDED BY: Parks and Human Services Committee YEA: Fincher, Higgins, Budell NAY: BUDGET IMPACTS: Revenue and expense impact of $111,150.00 to the Community Park Reinvestment Program budget. MOTION: Accept $111,150 of fee-in-lieu funds, amend the Community Parks Reinvestment Program budget and authorize the future expenditure of these funds for capital improvements at Clark Lake Park and Chestnut Ridge Park. This page intentionally left blank. R55GA014 8/9/2017 15:02:22Search GL by Account Number Page:16/30/20174/1/2017 -GL Dates: Amount PO# Ref 2 PC R/V RecLT Description Vendor or CustomerSubledgerBatch # Doc #GL Date Acount Number 1748354/13/2017 P392753 P20006.56730 (33,750.00)17-81839 782491 Prisha Developers Llc /JK AA 1752475/9/2017 P395541 P20006.56730 (24,075.00)17-82300 789314 Amalani LlcJK AA 1753615/16/2017 P396427 P20006.56730 (29,250.00)17-82418 792657 Cheema, Amandeep & JaskJK AA 1759906/21/2017 P400776 P20006.56730 (24,075.00)17-82998 801802 SharpJK AA (111,150.00)Account Total (111,150.00)Report Total This page intentionally left blank. Agenda Item: Consent Calendar – 7K_ TO: City Council DATE: September 5, 2017 SUBJECT: Senior Center Flooring Replacement Project – Accept as Complete SUMMARY: On February 2, 2017, an agreement was awarded to Great Floor, LLC to remove and replace approximately 1,217 square yards of the worn out carpeting, as well as remove and replace the floor tile and restroom partitions at the City of Kent Senior Center. The project is complete and was approved by the Facilities Capital Project Manager on June 29, 2017. The warranty is in effect as stated under the terms of the contract. The contractor is responsible for completing and submitting the final documents to the state, as required by the contract. EXHIBITS: Acceptance Letter from Facilities Capital Project Manager to Contractor RECOMMENDED BY: Parks, Recreation and Community Services Director YEA: N/A NAY: N/A BUDGET IMPACTS: Facilities Capital Projects Fund MOTION: Accept as complete, the replacement of carpeting, floor tile and restroom partitions at the City of Kent Senior Center, upon release of all state tax and lien restriction requirements. This page intentionally left blank. KENT FACILITIES MANAGEMENT Nathen Harper Capital Projects Manager 220 4th Avenue South Kent, WA 98032 Fax: 253-856-6080 PHONE: 253-856-5082WÀsHrN6ToN June 29, 20L7 James Birney Great Floors, LLC 9O2L S 180th Street Kent, WA 98032 RE: City of Kent Senior Center - Floor Replacement Project James; Upon final inspection of the floor replacement project at the City of Kent Senior Center, I have found that the project is completed to my satisfaction. This letter serves as final acceptance of the Public Works Agreement effective as of February 2, 20L7. Please make sure all necessary State documents have been completed and filed to ensure timely payment of invoice. Should you have any questions, please contact me at (253) 856-5082. Sincerely, Nathen Harper, Capital Projects Manager City of Kent, Parks Facilities o O) < =!c OJ\¿t 3 3 O Mnyon Suzrrre Cooxe This page intentionally left blank. Agenda Item: Consent Calendar – 7L_ TO: City Council DATE: September 5, 2017 SUBJECT: Consultant Services Agreement with JECB for South 212th Way Overlay Project – Authorize SUMMARY: This contract is for the South 212th Way Overlay Project. This project consists of paving HMA, sidewalk repairs, installation of traffic loops, installation of survey monuments, and roadway subgrade repairs on South 212th Way from SR 167 to 96th Avenue South. JECB will provide construction project management, administrative services, quality control (special inspection) and testing for compaction of subgrade, concrete strength, and compaction of asphalt. EXHIBITS: Contract RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher NAY: BUDGET IMPACT: Work will be funded out of B&O funds. MOTION: Authorize the Mayor to sign a Consultant Services Agreement with JECB to provide services for the South 212th Way Overlay Project in an amount not to exceed $ 84,780.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and JECB LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and JECB LLC organized under the laws of the State of Washington, located and doing business at PO Box 832, Auburn, WA 98071, Phone: (253) 405-4654, Contact: Jamie Hicks (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide construction management services for the S. 212th Way Overlay Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II.TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by March 31, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighty Four Thousand, Seven Hundred Eighty Dollars ($84,780.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV.INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI.DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Jamie Hicks JECB LLC PO Box 832 Auburn, WA 98071 (253) 405-4654 (telephone) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department JECB - 212th Overlay/Kuehne EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ Geotechnical Engineering Date: 7-27-17 IECB Special Inspections Project: City of Kent -212ih Materials Testing Overlay Construction C o n s tru cti o dP r o j e c t M øn øg em ent T ø sk s øn d D elia er øb I e s Our personnel have participated in many state and federal public works projects. JECB personnel coordinate with all utility companies (water, power, sewer, phone, etc), property owners, and contractors to facilitate and implement contractual agreements for the project. We provide on-site support, schedule review, technical and procedural advice; efficiently handle RFI's, RAM's, submittals, change orders, force account and wage reviews per WSDOT, LAG criteria. Experienced personnel oversee survey and planning, tracking and inspecting underground utilities/structures as they are placed, machinery, personnel, materials and resources used. Our personnel perform Construction/Project Management as well as quality assurance testing and inspection. This allows maximum flexibility for a successful projecf provides better communication between responsible parties, and significantly reduces cost associated with additional contracts, markups, and lost time due to communication errors or scheduling issues. We provide organized and accurate documentation and back up information to simplify state and federal audits. Typical Construction Management Responsibilities 9 Serve as a construction period representative for the clien! attend andf or conduct all on site weekly project meetings, perform project owner/Engineer/Contractor coordination, respond to property owner and contractor conflicts in public construction sites. r* Communicate with the public, as necessary; investigate and resolve construction complaints; provide information needed for the resolution of claims for damages against the clienq communicate with departrnents, personnel, and outside agencies to coordinate efforts and exchange information. t* Maintain a construction file, keeping files in order, logs and construction records, employee's work assignments and inspection actives, including daily reports, field measurement sheets, etc. s Inspect public and private construction and improvement work to verify appropriate construction permits; and ensure appropriate quality control, sampling, and inspection in compliance with plans, codes, and regulations, utilization of WSDOT construction standards c> Furnish weekly reports of the contractor's progress of work completed and of compliance with the progress schedule, quantity tracking and measurement of bid items, prepare progress pay estimates, review and negotiation of force account work. r> Review of Plans and Specifications, engineering design conflict resolution, propose resolution of in- field constructability problems, materials testing and inspection, quality control and assurance. s Prepare for and aid State and Federal auditors in their review of conshuction documentation. Respond to deficiencies in a timely manner to maintain good standing with federal agencies following LAG, TIB and WSDOT criteria. r* Review preliminary and final contract plans, specifications and submittals with appropriate staff for correctness, completeness and constructability. Phone: (253) 405-4654 Email: jecboffice@gmail.com PO Box 832 Auburn W A 9807'L EXHIBIT A Date: 7-27-17 IECB Project: City of Kent -212th Overlay lob Descriptions Asphalt / Concrete Inspector Continuously or periodically monitor and inspect elements for conformance to approved plans and construction documents. Sample materials for specification conformance and maximum density analysis. Check compaction and optimum moisture content using a nuclear densometer. Additional compliance testing may include; sand equivalen! organic conten! atterburg limits, hydrometer. Concrete /Masonrv Inspector Continuously or periodically monitor and inspect elements for conformance to approved plans and construction documents. Monitor/inspect reinforcement for size, type, grade, location, embedment, cleanliness, and clearance. Sample material for verification of air contenf slump, and compressive strength per ASTM and IBC codes. Specimens will be cast, transported and cured per ASTM. Construction Manager / Inspection Review reports by field inspectors and laboratory analysis prior to distribution to the project team members. Manage phases of project delivery including initiating, planning, executing, monitoring, controlling and closing. Coordinate with property owners, utility contractors and city personnel. . Track quantities, machinery, manhours etc. used for verification of pay estimate preparation and contractor invoices. Review plans for constructability, Admin Process reports from field inspectors. Process reports from lab test data (i.e. soils, asphalt and concrete). File, organize and distribute reports to the client, architecÇ engineer, building official and those directed by the client for the distribution list. Answer phones and direct clients to appropriate JECB personnel. Professional Engineer Provide engineering analysis, design, recommendations, documentatiory drawings and specifications for structural items requiring a stamp by a licensed engineer. Phone: (253) 405-4654 Email: jecboffice@gmail.com PO Box 832 Auburn WA98071, Geotechnical Engineering Special Inspections Materials Testing Construction Inspections IECB Geotechnical Engineering Date: 7-27-17 Special Inspections Project: City of Kent -212th Materials Testing Overlay Construction Schedule of Fees ü Seruices, Exhibit B Estimated Services - Materials Testing/Special Inspection Price Hours** PROFESSIONAL SERVICES Asphalt/Soils ilDensometer* t t Reinforced Concrete * * * Administrative Services Constructior,,/Proj ect Mgr Staff Engineer/Geologist LAB TESTING SERVICES Asphalt, Ignition & Gradation (ASTM D2172) Asphalt, Rice Specific Gravity (ASTM D2041) Concrete, Cylinders Compression (ASTM C39) Soil, Moisture-Density Relation (ASTM D1557) Soil, Sand Equivalent Test (ASTM D2419) Soil, Sieve Analysis includes 200 Wash (C136) Soil, Fracture Count (ASTM D5821) Mileage Sample Pick Up ESTIMATED PROJECT TOTAL $es.00 $9s.00 $s0.00 $115.00 $ 140.00 $ I 75.00 $ l 05.00 $2s.00 $ 180.00 $7s.00 $ 12s.00 $75.00 per hour per hour per hour per hour per hour each each each each each each each NO CHARGE NO CHARGE 16 28 40 0 520 5 7 7 32 2 5 5 4 TOTAL* $ I 5,200.00 $2,660.00 $2,000.00 $s9,800.00 $700.00 sl,225.00 $735.00 $800.00 $360.00 $375.00 $625.00 $300.00 $0.00 $0.00 $84,780.00 * Total is an estimate only forthe project since contractor's work dictates schedule **Hours quoted are for reference only *** Overtime rates (1.5) apply for all work- over 8 hrs per shift, before 7am, after 5 pm, holidays, or weekends Phone: (253) 405-4654 Email: jecboffice@gmail.com PO Box 832 Auburn WA98071 Geotechnical Engineering Date: 7-27-17 Special Inspections Projecl City of Kent -212thIECBMaterials Testing Construction Inspections Overlay File #: Key Støff & Associøtes Jason E.C. Bell, PE (Geo-Engineer, Construction Manager, TESC Lead, Field Inspector) Education/ Years' Experience - 20+ BS Civil Engineering,1995 University of Washington Pavement Surface Condition Analysis WSDOT Erosion and Sediment Control Lead ECO 3, BMP 160 WSDOE Registrations and Affiliations Registered Professional Engineer, 2001 State of Washington wA #37343 Nuclear Densometer Campbell Pacific Nuclear Special Inspector, Reinforced Concrete, Structural ICC, WABO Masonry, Spray Applied Fireproofing, Post Tension Concrete Certified Laboratory Technician, CTL #0403 The National Concrete Masonry Assoc. Concrete Field Technician, Level I American Concrete Institute Member American Concrete Institute Jason has focused on geo-technical engineering/soils, slope stability-failure analysis, foundation design and research since 2001. Design work includes; residential and commercial buildings, pile design and refusal verificatiory mat and column foundations, pre-load techniques, various types of retaining walls, paving and road profiles, subgrade and bearing capacity determinations, settlement and consolidation calculations, SWPPP, TESC, surface and groundwater analysis, culverts and stream crossing design. Jason has extensive experience in plan reading, WSDOT and IBC regulations, testing and inspection of soils, concrete, masonry, asphalg post tension concrete, fireproofing, shotcrete and steel in Washington. Jason has managed branch offices as well as provided these same services and Project Management in several field laboratories throughout the Pacific Northwest. Project management has involved; federally funded projects, ARRA paperwork, communication for RFI, correction and stop work notices, admin per LAG manual and typical state forms, coordination with public utilities and property owners. George Hicks (Geologist, Field Inspector) Education/ Years' Experience - 30+ Bachelors Degree in Geology Erosion and Sediment Control Lead ECO 3, BMP 160 WSDOE Registrations and Affiliations Nuclear Densometer Campbell Pacific Nuclear Concrete Field Technician, Level I American Concrete Institute George has worked on numerous state and county projects throughout Southwest Washington as a WSDOT employed construction materials inspector. George has managed both in the field and in the lab, numerous construction projects such as the highway 509 cable stay bridge, I-5 repaving from Tacoma to King County line, and highway 101 paving projects. George has also served as an inspector in batch plants, both concrete and asphalt concrete, throughout Western Washington. He has also served as an independent assurance tester for WSDOT to ensure that contractors and inspectors were working within the specifications provided by WSDOT. His most recent work includes a number of different paving projects, concrete placements, and laboratory materials testing. Phone: (253) 405-4654 Email: jecboffice@gmail.com PO Box 832 Auburn WA98071 Date: 7-27-17 IECB Project: City of Kent -212th Overlay Jamie Hicks (Geologist, TESC lead, Field Inspector) Education/ Years' Experience - 20+ Bachelors Degree in Geology,1997 University of Puget Sound Erosion and Sediment Control Lead ECO 3, BMP 160 WSDOE Registrations and Affiliations Nuclear Densometer Campbell Pacific Nuclear Concrete Field Technician, Level I American Concrete Institute Special lnspector, Reinforced Concrete, Structural ICC, WABO Masonry Previously Certified Special Inspector, StructuralICC,WABO Steel Jamie is a Geologist and an ICC certified Special Inspector. Jamie has performed numerous Geotechnical and Environmental investigations throughout Western Washington. He has landslide evaluation and field investigation experience. His Special Inspection experience includes reinforced concrete, structural masonry, structural steel and bolting, concrete post-tensioning, and fire proofing. He also has performed numerous construction quality control / quality assurance inspections on various projects. In recent years he has served as project manager/construction quality control for Cooks Hill/Ham Hill Reservoirs, McChord AFB C and H-Ramp Taxi lane, and Ft. Lewis Cell 6 landfill cover. His most recent Special Inspections include senior inspector for the 4th Avenue Bridge, tank and shotcrete for the Olympia Meridian Reservoir, Winlock High and Middle Schools, and Thurston County Evaluation and Treatment Center. Shannon Alexander (Special Inspectoy'Quality Control) Education/ Years' Experience - 10 Erosion and Sediment Control Lead ECO 3, BMP 160 WSDOE Registrations and Affiliations Nuclear Densometer Campbell Pacific Nuclear Specialty Measurement Certification Boeing Aerospace Engineering Union Precision Calibration Training Boeing Aerospace Engineering Union Construction Tolerance Verification Certification Boeing Aerospace Engineering Union Sharuron spent 8 years with the Boeing Airplane Company as a member of their Quality Control team on the 737 line. She is proficient in structural plan reading, using calibrated equipment to make precision measurements, and utilizing a quality management system for quality control inspection purposes. Shannon has experience in coatings applications, structural bolting and riveting inspections, and light gauge metal welding. Shannon has made the transition from quality control along the airplane assembly line to quality control for the building industry effortlessly. Shannon has worked on current construction projects such as USDOT Federal Highways Middle Fork Snoqualmie projec! O'Reilly Automotive Auburn Store #2, and Cascade Water Alliance - Flume Replacement project and Fish Barrier Spill Gate Project. Phone: (253) 405-4654 Email: jecboffice@gmail.com PO Box 832 Auburn WA98071 Geotechnical Engineering Special Inspections Materials Testing Construction Inspections EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1.Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2.Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3.Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4.Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1.Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2.Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT C (Continued) 3.Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1.The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2.The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3.The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. This page intentionally left blank. Agenda Item: Consent Calendar – 7M_ TO: City Council DATE: September 5, 2017 SUBJECT: Transportation Improvement Board Acceptance of Grant Funds for South 224th Street Project – Accept SUMMARY: The S. 224th St. Improvements Project – 84th Ave. S. to 88th Ave. S. is the first phase of the S. 224th Project that will connect the valley floor with Kent’s East Hill neighborhoods and businesses. This project includes a new bridge crossing over SR 167. The project was advertised with an engineer’s estimate of $14.1 Million. The lowest four bids were within $500K and the lowest bid was $15.3 Million. The narrow range of bids indicates that bidders had clarity with the plans and specifications. The higher bids reflect a regional trend of higher construction prices. Additional funds ($750,000) were requested from the Transportation Improvement Board (TIB). As our funding partner, the TIB authorized this higher grant amount which was a significant win for the project! It also demonstrates that the TIB is well aware of construction inflation affecting the Puget Sound region. Council needs to officially accept the funds. EXHIBITS: Transportation Improvement Board Grant Agreement RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher NAY: BUDGET IMPACT: Increase in budget by $750,000 for the S. 224th St Improvements Project – 84th Ave. S. to 88th Ave. S. from the Transportation Improvement Board. MOTION: Accept the Transportation Improvement Board Grant for the South 224th Street Project for $750,000, amend the budget, authorize the expenditure of funds and authorize the Mayor to sign all necessary documents, subject to final grant terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. Washington Sfafe Transportation lmprovement Board TIB Members Commissione¡ Richard stevens, . chair èrdnt county Mayor Pâtty Lent, Vice Chair CW oÍ Brcmerton J¡m Albert Offiæ ol Flnqnc¡dl Mqndgement Jeff Carpenter, P.E. WSDOT May 5, 2017 Mr. Tim LaPorte, P.E. Public Works Director City of Kent 220 4th Avenue South Kent, WA 98032-5838 RËr:F.Ëwffi# Mdv r i, )tt¡, tl r',, , ,' ''tt i ! ryrucrni¡=Å,ff*#"tl-$,{ Elizabeth chamberla¡n City oJ Wøllo Wølla Wendy Clark-Getz¡n, P.E. Cløllqm Trqns¡t Gary Ekstedt, P.E. Ydk¡mo county Comm¡ss¡oner Terri Jeff reys Mason County Mayor Glenn Johnson cW oÍ Pullmon John Klekotka, P.E. Po¡t oÍ Everett Commiss¡oner Robert Koch Franklin County Barbara Chamberlain WSDOT Colleen Kuhn Humqn Seruiæs Council Dear Mr. LaPorte Based on your Updated Cost Estimate for the S 224th Street project, TIB # 9-P-106(010)-1 , your authorized TIB funds are $5,750,000, which reflects an increase of $750,000. You may now award the construction contract. We are happy to assist you with any questions. You can contact Greg Armstrong, TIB Project Engineer, at (360) 586-1 142 or via e-mail at GregA@TlB.wa.gov. Sincerely, Mayor Ron Lucas Town of sþ¡locoom Mick Matheson, P.E. City oÍ Mukilteo E. Susân Meyer Spokq ne Tro ns ¡t Authot ity Laura Philpot, P.E. cW of Maple valley Dav¡d Ramsay Feet F¡tst Mart¡n snell cløtk county . Jay Weber County Road Administration Board Ashley Probart Executive Director PO Box 40901 Olymp¡a, WA 98504-0901 Phone: 36G586-1140 Fax: 360-586-1!.65 ww.tlb.wa.gov UuuL- Chris Workman, P.E. Engineering Manager hn Nelson Finance Manager lnvesting in your local community This page intentionally left blank. Agenda Item: Consent Calendar – 7N_ TO: City Council DATE: September 5, 2017 SUBJECT: 2018 Mid-Biennium Budget Adjustment – Set Date for First Public Hearing SUMMARY: As we approach the end of the first year of the 2017–2018 biennium budget, the time has come to invite the public to comment on any potential amendments to the budget. Public input will be welcome. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A MOTION: Set September 19, 2017 for the first public hearing of the 2018 Mid-Biennium Budget Adjustment at the regular City Council meeting. This page intentionally left blank. Agenda Item: Consent Calendar – 7O_ TO: City Council DATE: September 5, 2017 SUBJECT: 2018-2023 Capital Improvement Plan – Set Date for First Public Hearing SUMMARY: As we approach the end of the first year of the 2017–2018 biennium budget, the time has come to invite the public to comment on any potential amendments to the capital improvements plan. Public input will be welcome. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A MOTION: Set September 19, 2017 for the first public hearing of the 2018- 2023 Capital Improvement Plan at the regular City Council meeting. This page intentionally left blank. Agenda Item: Consent Calendar – 7P_ TO: City Council DATE: September 5, 2017 SUBJECT: Copper Ridge Bill of Sale – Accept SUMMARY: Copper Ridge is located at S 208th ST & 92nd Ave S. The Copper Ridge improvements include New Streets including; 224 linear feet of curb & gutter, and sidewalk 4,112 square yards of asphalt. Frontage Improvements including: 7 street lights. Storm Sewers including: 6 manhole, 12 catch basins and 168 linear feet of 24” PVC, 549 linear feet of 18” PVC, 180 linear feet of 18” DI, 746 linear feet of 15” PVC, 51 linear feet of 12” PVC, 92 linear feet of 12” DI and 20 linear feet of 8” PVC. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MOTION: Authorize Council to accept the Bill of Sale for Copper Ridge improvements. This page intentionally left blank. t' MAIL TO: CITY OF KENT ENGINGERING DEPARTMENT ATTN: 22O.4TH AVENUE SOUT}I KENT, WASHINGTON 98032CITY CIE: KENT' 0Ee 2 ri 2CI13 ti"iGlNEERl${G DEP KENTWAsHtrto?oN T' Project: Permtt # Locatlon:5 Zooil ''(t D* tz &icL,7 v sl ?z*4us *S" Parcel #:o EILL OF SALE CTTY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this day of- - 20 _, by and between I eof and City of Kent,a municipal corporatlon of Klng Cou nty, State of hereinafter calledtGrantee':hereinafter called Wf,TNESSETH: ]3::rii:rtiir":iJ;".TJ:t a vatuable constderation does herebv srant, barsatn, seil ro Grantee thir foilowhs A. wArERItrArNs, /U/tl- Together with a total of _ gate valves at g $ _ each and/or any other appurtena nces thereto, gN (street, easernent, etc.) FR.OM Including _ linear ieet at $..' per LF of . (size.&'type) _ waterllne. : , B. SANITABy sEWERs , ,U/* Together with a total of , manholes.at $ :'thereto..-:*.-'_lIlI'%eachand/oranyotherappurtenan@s ON (street, ealelment, etc.) Ig FRoU Including %'linear feet at $ ___ per LF of (size & type) .- sewerline. Blll of Sale 1of 5 TO c. NEW ST8EETS: Together with curbs, gutters, sidewarks, arrd/or any other appurtenances PN(street, easement, etc.)< lqa# s* 7LtuO 4us se. FROM Ig f ,9. 7e F* ,Voe,h, LF af CuzJ r'Au)y'rl a.* SrAt'zc*/k 74,c*e*a/ t-alge Including zz./ (size & z linear feet at g A t"/ ta D- EEQNTAG.EIMPROVEMENTST Together with lights, trees, landseaping (except resldential streetr) and/or any other appurtenances gN ' FROI{ z%l F+ teett al IAetc.)/ Inclu (size E. $T0R!,1SEWERS: with a total cost of g with a total cost of g Includlng (size.& type) To have and to Bill of Sale 2of5 Together basins at L f,o 93aa lL 6a ./? 7 ?3 6 manholes at g andlor any other appurtenances ther€to. FRpM each or totat of /7- sa1stl LF of bioflltration swale or drainage dltch cublc feet of detenflort pond 5l6r6gs F* trael oa/ lt .ca. p rdl o6t,,qr total ot L each, re/2;i1:7 L-tesl aE Qzn:O-Auti'So.E fi c$rsj zo6a 5r feet at g f -rif= -_ pert tga F* e-45' "l/ Pl.co. 4F*tttc*/Q llnear the same !o the 5A id ia;:gf- fl + 'uL. 'Li gt rgns torever, q"r''fo? t au4F e Ptrc-tF of and ass t The.undersigned hereby covenanb that.tt is the laWful owner of sajd prqperty; a4d thatthe same is fr"e' '' frqm all encumbrances; that all bills for nrpi rnd ffi;;is-'trave been pald; that it has the risht to seil' the same aforesald; that it wlll warrant and defend tr'r. iim"'"satnst the lawful clatms and demand of allPerson(s); The Blll of sale is given on conslderation oJ the agreement of the crantee for ltself, its successors andassisns to incorporate said utllities in rts utititysysii;il l;;Ji"tui"Jnlr li:pfiiio-o rn the appticabte Hy,",g1'#Ji?'rioo]n" citv accepts tre items''ubj..t to-6tr #il;l'!ii"li#l'etion or a.2 year IN WTTNESS.z+e WHEREOF, thE undersig ned has ca uEed thls instrument to be exeeuted on thls day of ,20 \3, s<P,"-^.t rN wxrNEss wHEItEoF, the underslEned has caused this lnstrument to be executed on thls day of r20.-.-"-, STATE OF WASHINGTON COUNTY OF I(IN6 0n this )q l^ day undersigned A Notary Public in and for the State of appeared who exeruted the foregolng i /7 , before me, the commissloned and swom, personally known to be the indivldual described tn arul to me that he/she stgned and sealed thls ss ) ) ) acknowled instrument as his/her free and act and deed for the and purposes therein meniloned. 20. and for .the State of Ing at My Gommtasion Expires: GIVEN under rny ha d officlal sealthis day of Bill of Sale 3of5 S ,*' ltlrS qffi I roF.. F ! Etu COUNTY OF KTNG ALI l" i:nde;=igned A N otnry Ptrblk h for the $tate red udt ci I pl,,*tkr , efi / 3 -, before me, the I ) ) ss snd and - k that exeruted the foregolng and the said instrument to be the free and voruntary act and deed of sald they are authorized to execute the for the uses and purposes therein nentioned, and on oath stated that sald instrument. witness my hand and official seal hereto affix the day and year first above wriften. na the $tate residing at My Gommisslon b<pires: The Bill of Sale ts given and accepted pdrsuant to a motjon duly made, seconded, and passed by the CityCouncil of the City of Kent, King County, Washlngton, on the %dayof_ ,2O Blll of Sale 4ofS of Washington, duly commissioned.-.-=afld sworn, personally to me to be the respectively of Ert B.F'l*.At ILr It E tYA5rltryf!Tsl! ENGTruEER'S CERTIFICATIORi I I i a- rE* ;Ft,di t'v& a r sE git:i{ I KING CCIutuTY, wAsrtli{cTolt The figures used on the Blll of Sale for project , forthe same safi C?a ,(,4( pr $jeui:.the undersigned = fi -- r'+*; -.''L' ".,r ii:iiu Furvcyur is Eile person responsibie for ihe preparaHon of the Blll of Sale and is an employee of 11 P 2L C- ., the firm responsible for the preDaration of the record cirawings, /.8 . 1 Signature . ! E^ -=7 tTtttttrFFfa -g-----' ullr ut :ri{tP 5of5 requirEdj i This page intentionally left blank. OTHER BUSINESS This page intentionally left blank. Agenda Item: Bids – 9A_ TO: City Council DATE: September 5, 2017 SUBJECT: Hawley Road Levee Connection to SR 167 Project – Award SUMMARY: This project consists of construction of approximately 200 yards of levee fill, 90 feet of vertical curb, and small amounts of pavement and base and includes haul of native material, installation of erosion control fabric and seeding. The project connects the existing Hawley Road Levee to the SR 167 roadway embankment/ retaining wall. Work will be along Hawley Road in Kent, at the end of the small parking lot just south of 600 Washington Avenue South. The Engineers estimate for this project was $125,625.50. EXHIBITS: Memo dated August 29, 2017 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: This project is funded through previously budgeted drainage utility funds. MOTION: Award the Hawley Road Levee Connection to SR 167 Project to SCI Infrastructure, LLC in the amount of $88,657.80 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: August 29, 2017 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Hawley Road Levee Connection to SR 167 Project - Award Bid opening for the Hawley Road Levee Connection to SR 167 Project - Award was held on August 29, 2017 with seven (7) bids received. The lowest responsible and responsive bid was submitted by SCI Infrastructure, LLC in the amount of $88,657.80. The Engineer's estimate was $125,625.50. The Public Works Director recommends awarding this contract to SCI Infrastructure LLC. Bid Summary 01.SCI Infrastructure, LLC $88,657.80 02.Scarsella Brothers Inc.$91,868.26 03.Rodarte Construction, Inc.$99,423.50 04.Mike McClung Construction Co.$126,476.35 05.Northwest Cascade, Inc.$141,178.40 06.Thayer Excavating, LLC $153,639.67 07.Road Construction Northwest, Inc.$153,967.00 Engineer's Estimate $125,625.50 This page intentionally left blank. Agenda Item: Bids – 9B_ TO: City Council DATE: September 5, 2017 SUBJECT: Horseshoe Bend Levee Storm Outfall Pipe Slip Lining Project – Award SUMMARY: This project consists of pipe-slipping and annular space grouting of approximately 100 feet of deteriorating corrugated metal storm drain pipe. The project involves installation of a type II catch basin with an internal sluice gate. Work is along the Horseshoe Bend levee which protects the city from flooding from the Green River and is located near the 26100 block of 79th Avenue South. The Engineers estimate for this project was $128,007.00. EXHIBITS: Memo dated August 29, 2017 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: This project is funded through previously budgeted drainage utility funds. MOTION: Award the Horseshoe Bend Levee Storm Outfall Pipe Slip-Lining Project to NW Relining, LLC in the amount of $87,879.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: August 29, 2017 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Horseshoe Bend Levee Storm Outfall Pipe Slip Lining Project - Award Bid opening for the Horseshoe Bend Levee Storm Outfall Pipe Slip Lining Project was held on August 29, 2017 with five (5) bids received. The lowest responsible and responsive bid was submitted by NW Relining, LLC in the amount of $87,879.00. The Engineer's estimate was $128,007.00. The Public Works Director recommends awarding this contract to NW Relining, LLC. Bid Summary 01.NW Relining, LLC $87,879.00 02.Scarsella Brothers, Inc.$110,665.50 03.Road Construction Northwest, Inc.$136,930.75 04.Trenchless Construction Service, LLC $144,089.00 05.Mike McClung Construction, Co.$184,530.50 Engineer's Estimate $128,007.00 This page intentionally left blank. 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 This page intentionally left blank. Page 1 of 11 OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 09/05/17 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, September 05, 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 •The city council president has asked staff to plan for a December vote on permanent “safe injection sites” regulations to replace the temporary moratorium adopted last month. •Staff will present the non-represented employee salary survey results to the Operations Committee on Sept. 5. The council previously committed itself to vote the mayor’s recommendation up or down rather than review each position separately. The adopted budget includes some funds but not all the funds necessary to implement the results. •We will likely need a special council workshop this fall to discuss major policy decisions on the YMCA project, including which agencies will build which pieces of project, the extent of street frontage improvements, and replacement of grant- funded open spaces. •We are almost ready to market the southern portion of the Naden Property for a new hotel. Staff will update council at its Sept. 5 meeting. •Staff will present information on permit timelines and commercial square footage requirements at an upcoming Economic and Community Development Committee meeting per a request at the last council meeting. •The CAO and business strategy & performance analyst met this month to discuss criteria for Lean exercises. Now that we’ve trained a lot of staff in Lean (which we call Innovate!) tools, we want to put more of our analyst’s time into actual Lean exercises. •The Community Engagement Coordinator, Uriel Varela, starts Sept. 1. Uriel comes to Kent after serving five years as Community Outreach Coordinator for Molina Healthcare of Washington, where he worked to create access to health care for Page 2 of 11 under-represented and vulnerable populations all over King and Pierce Counties. He has worked with many Kent organizations already, so he’s well-positioned to hit the ground running. Uriel also brings both media and technical savvy to this role, attributes that contributed to his strong success at Molina, and will serve him well here too. The City Clerk’s Office •Office and Information Technology Departments have launched an updated version of the public records request portal on KentWA.gov. The new look makes it easier to navigate the process of requesting public records. •The Clerk’s Office will welcome Andrew Dacuag on September 18, 2017, to participate in a job rotation into the Deputy City Clerk position through February, 2018. Andrew is currently working in the Public Works Operations Department as an office technician. Andrew will have the opportunity to expand his knowledge of public records, contracting, and city-wide departmental functions. Neighborhood Program •The Neighborhood Program spoke at the Hillside Church service, formally known as Kent Church of the Nazarene, on Sunday, August 20. The presentation was about Kent’s Neighborhood Program and the collaboration efforts to help identify community projects that would benefit individuals within recognized neighborhood councils. This volunteer pilot project included 30-40 students with 10-15 adults. One project from Kent SODO, Pantera Lago, Saltair Hills, North Park, and Canterbury neighborhoods each were chosen. The community projects were completed on July 25, 26, 27 and were so successful that a much larger community service day is in the works and scheduled for Saturday, September 30. •The Neighborhood Program Coordinator pulled together a community meeting for the Kentwood and Cambridge neighborhoods on Thursday, August 24. Staff covered topics on recent fires, drug activity, homeless encampments, break-ins, mail theft, Public Works pedestrian pathways, traffic calming and organizing as an officially recognized neighborhood. •Neighbors of West Hill Council will complete their mural project on Saturday, August 26 by applying the anti-graffiti coating. This 150’ long 8’ high retaining wall mural with a welcome banner and northwest fauna cartoon animals is located on the west side of the street as S. 253rd St. turns into 42nd Ave. S. Sister Cities Association of Kent •This summer Mayor Cooke was visited by youth ambassadors from our sister cities of Sunnfjord, Norway; Yangzhou, China; and, Tamba, Japan. Each year sister cities committee members raise money, receive applications and interview local youth to serve as a youth ambassador and select those youth that would represent Kent well internationally. The youth meet with Mayor Cooke to discuss their interest and view of the United States (Kent) and present the Mayor with letters of good wishes from the Mayor of their city. Kent4Health •The City of Kent was a co-sponsor with Kent Station for the S.O.A.K.S (Summer’s Almost Over at Kent Station) event at Kent Station on August 17. The 500 attendees enjoyed such activities as an Adventure Run and information tables with Page 3 of 11 hands-on activities hosted by various businesses and organizations. Representing the City was Police, Public Works, Parks and Kent4Health. •Staff will have an information table at the 7th Annual Wellness Fair on Sept. 21 at the Senior Activity Center to promote the indoor walk and recruit volunteers. The free event hosted by the Senior Activity Center is open to the public and features informative booths, health screenings, door prizes and fitness demonstrations. ECONOMIC AND COMMUNITY DEVELOPMENT Economic Development •Staff held a property owner breakfast open house on the subject of Meet Me on Meeker at the Kent Chamber of Commerce on the morning of the 17. •Staff met with the architect of the Madison Plaza proposal to discuss changes to their project’s layout and unit configuration •Staff met with two residents with an idea for a Middle Eastern bakery and restaurant. Long-Range Planning Services •Long-range planning and economic development staff hosted a public meeting for property owners along Meeker Street in conjunction with the new design and construction standards that will be going to Council in the coming months. Property owners shared their ideas and asked questions while enjoying refreshments with city staff and consultants. •Planning intern Ilse Torres is wrapping up her summer internship with the long-range planning division, summarizing her project in a presentation to staff on Aug. 29. Her presentation will cover how other jurisdictions run their street tree programs including staffing/resources, budget and funding, guiding documents, and maintenance practices as well as findings from the online survey that was posted to Kent’s website for two weeks and garnered almost 500 responses. Ilse has been a great addition to the ECD team and we wish her well as she continues with school in the fall for her Masters in Architecture at UW. Code Enforcement major cases •Old Texaco at 711 Central Ave N: A joint effort between Code Enforcement, NRT and the prosecutor’s office has led to significant clean up at this prominent site. Staff is working with the owner to maintain the progress. Washington State Department of Ecology is requiring that the underground fuel storage tanks be removed, meaning that this site is unlikely to re-open as a gas station. •Campaign signs: The City is sending a letter to candidates whose campaigns have ended to remind them to pick up their signs from around the City. Timely removal of roadside signs is an important part of Beautifying Kent. Building & Permit Center •Upcoming Projects - The Ridge Townhomes; 88th Ave S and s 222nd St: Proposal to construct single family townhome project with associated grading, storm water system, water and sanitary sewer extentions, roadway improvements and franchise utilities. - 104th Ave Multi-Use: Maximize the development potential of commercial and residential improvements for mixed use development. - Muscatel Properties, Pacific Hwy S, Rebuild fire damaged shopping center. Page 4 of 11 - Mor Furniture, Civil, S 180 St: Re-grade approximately 17,600 sf of existing asphalt parking and driveway for new loading dock, remove and replace approx. 18,470 sf of existing asphalt parking and driveway for lawn/landscaping. - SE 272nd St Subdivision, SE 272nd St, Pre-Application: Subdivide 4 parcels into 19 lots. Demo all existion structures. Access from SE 273rd St, will serve 16 lots. 3 lots will have access from SE 272nd St. •Issued Projects - Seattle Boat Dry Storage, New Building, S 224 St.: Construct mirror image of the existing boat storage building on same lot. Building - 21,319 sq ft. - Seattle Boat Dry Storage, Civil Construction, S 224 St.: Construct a 21,319 sq ft boat dry storage facility with associated storm water and sanitary sewer facilities. •Total Permits Issued: 203, with a value of $9,224,551.14 •Total Inspections: 724; Passed: 524; Failed: 85; Continued: 17 FINANCE •The State Auditor’s Office has concluded their 2016 financial and single audits for the City. The City received a clean audit of our financial statements, meaning that the statements were presented fairly and with no material misstatements. The City is going to receive an audit finding as part of the single audit. The exit conference with the State Auditor’s Office is scheduled for later September. •The State Auditor’s Office has concluded their 2016 audit of the Public Facilities District. The City has fiduciary responsibilities for the independent District. The District received a clean audit and the exit conference took place in late August. HUMAN RESOURCES Administration •Staff is continuing to present to employees on the results of the recent Employee Engagement Survey. Benefits •Work continues on the 2018 Benefits renewals and preparations for Open Enrollment for 2018 benefits. Labor, Classification and Compensation •Work on the non-represented salary survey is being finalized. •Staff is hosted Policy Update Information Sessions for supervisors/managers on Monday, August 21 and for staff on Tuesday, August 21 to review the latest round of policy changes that took effect on August 1. Recruitment •Practical exams for the MW II in Sewer will be held on Thursday, August 24 and Friday, August 25. •Offers have been made and accepted for the following positions: Community Engagement Coordinator, PMO Manager, Senior Transportation Planner, CTR Program Coordinator and Custodian. •Engineer III-Pavement Management recruitment opened Monday, August 21. Page 5 of 11 LAW •Chief Prosecuting Attorney Tami Perdue attended a Town Hall Meeting with Representative Adam Smith regarding the opiate crisis, and to speak about the City’s new DUI Court. •Prosecuting Attorneys Michele Walker and Sara Watson both prevailed at trial in August—both defendants were charged with order violations. •Sr. Assistant City Attorney Tammy White was instrumental in the recovery of $207,000 for a delinquent LID assessment the City foreclosed on in 2015. That recovery has resulted in a 100% success rate since the statutory foreclosure and sale process was implemented by the City. •The Riverbend Development Agreement for Marquee on Meeker was signed by all parties last week. •Comcast Franchise negotiations began in earnest. •Law Department staff assisted HR and the Police Department with various personnel matters. •A longer termination notice requirement for the City’s lease with the Puget Sound RFA for the Washington Avenue property (which is used by the Police Department for the storage of evidence and seized property) was negotiated by Administration with the assistance of Law Department staff, and was fully signed in late August. •Several members of the Law Department worked with Parks to develop a proposed path forward to facilitate the construction of a YMCA facility on the East Hill. PARKS, RECREATION, AND COMMUNITY SERVICES Recreation and Cultural Programs Division •“Wednesday Picnic Performances” hosted Roberto the Magnificent on August 9 and wrapped up with Recess Monkey on August 16 at Town Square Plaza. Approximately 500 kids and families attended Roberto the Magnificent’s performance, and about 350 came out to see Recess Monkey. •The Urban Renewal Project performed to an enthusiastic crowd of 750 at the August 10 “Thursdays at the Lake” concert. Boise-based Alt-country rock band, New Transit plays on Thursday, August 17. •The Kent Senior Activity Center held its Second Annual Dog Days of Summer, Saturday, August 5. This very fun day for families and their pets included food and vendor booths, free professional photos, a doggy fashion show and pet parade. The Kent Police Department K-9 Unit brought Kato to visit with the crowd. Throughout the day Seattle FlyDogs demonstrated their skills and Border Collie International showed off their Frisbee performance dogs. All events were free due to the generous co-sponsors of the event. About 250 people enjoyed the day’s activities and took home lots of samples for their pets. •The HERO van, a high-energy mobile fitness and nutrition outreach program has been out and about in the community at various apartment and park sites. Attending the Annual Kent Station SOAKS event on August 17 to promote exercise, healthy eating and all the programs Kent Parks will be offering this fall. Page 6 of 11 •Staff will be attending back to school events at several elementary and middle schools in August. This is a great opportunity to speak directly with families about the many programs and services available through Kent Parks and Recreation. •Adaptive Recreation Fall quarter registration saw 341 individual registrations and 95% of the classes offered are full, many with a waitlist. Housing and Human Services •The Good Jobs Collaboration (Kent EDC and Human Services staff are members of the collaborative) met with staff from Aerospace Joint Apprenticeship Committee’s (AJAC) to learn about their work and their new training facility in Kent work, and to introduce AJAC to several of our cultural community organizations and explore possible partnerships for wraparound service support. •Staff is working in partnership with King County WorkSource to host a youth/young adult job fair to be held Sept 21 from 2 – 5 at Kent Commons. •Staff participated in the King County Regional Workforce Strategy Group charged with developing strategies to ensure residents are prepared for jobs, and that employers in our region can access the highest skilled workers right here in Seattle/King County. The overall goal is to create more efficient and aligned use of existing limited resources to develop career pathways, create on-ramps to training and provide information about pathways to middle wage jobs. •Staff was invited to the Financial Education Partners Network (FEPN-advances financial empowerment through partnerships which support access to financial coaching, products, and resources) meeting to provide an overview of the Immigrant Undocumented Storytelling panel presentation from the June Kent Cultural Diversity Initiative Group (KC-DIG) meeting. The overview provided tips on how to use storytelling to advance financial empowerment. •Kent Cultural Diversity Initiative Group (KC-DIG) and the Kent Cultural Communities Board are partnering with Project Feast, King County Library System, & Interfaith Community Sanctuary to host a free community feast on September 23, 2017. Participants will be asked to share their personal experiences and stories. This event is a celebration during National Welcoming Week, bringing together immigrants, refugees, and native-born residents to raise awareness of the benefits of welcoming everyone. Parks Planning and Development •Morrill Meadows and East Hill Park Renovation/YMCA project received its SEPA DNS determination on Friday. •Work to improve drainage has begun on field three at Service Club Park. The work will help to relieve saturated outfield conditions that affect play on this field. •Green Kent hosted two corporate groups during August. Classic Accessories joined us at Glenn Nelson Park to remove invasive plants and spread mulch. AIP consulting joined us at Chestnut Ridge Park to help spread 20 yards of mulch. •Hogan Park Field 1 Synthetic Turf Conversion Project is ongoing. The project is expected to be complete by the end of October. Riverbend Golf Complex •The 18-hole golf course averaged 300 players per day in the month of July with 9,328 rounds for the month. Page 7 of 11 • The 24th Annual Riverbend Amateur was held August 12 and 13. Participation in the event was up 18% with 135 players in four different divisions. POLICE Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions • Louis Kristopher started as an entry level officer on August 16. • Two conditional offers were made to Lateral Officers Travis Eaton and Nicolas Grave. Significant crime activities/arrests/investigations • August 9, officers were dispatched to a Domestic Violence No Contact Order violation that was occurring at a business in the area of 23600 and 104th Ave SE. The suspect took efforts to flee from officers as they attempted to apprehend him. A Kent Police K9 officer and his K9 were deployed to assist with the apprehension. The suspect began to drive off in a reported stolen vehicle, dragging the K9 officer and his K9. Two Kent officers fired at the suspect. The 20-year-old male suspect, from Seattle, was struck multiple times. The suspect was declared deceased following immediate life-saving efforts from officers and medical personnel. The K9 Officer and his K9 both sustained minor injuries. It was later discovered that the suspect had an active felony warrant for his arrest as well as other misdemeanor warrants. While the scene was being secured, two males broke through the crime scene tape, disregarding warnings by officers, and one male had to be tackled, taken into custody, and booked into the Kent jail. • August 12, officers were reported to El Habanero bar to investigate a rape. The victim and her boyfriend left the bar then realized she had left her purse inside. The boyfriend went back in to get her purse and was gone only two minutes. While he was gone a stranger grabbed the woman, dragged her behind a SUV and raped her. The suspect was gone when police arrived. A suspect has been identified and investigation continues. A search warrant was served and it was arranged for him to turn himself in but he has not showed. • August 13, officers were dispatched to the area of Meeker/Washington for an illegal discharge. Several 9mm and 45caliber casings were located on Meeker in front of the Family Drive Inn and entrance to Safeway. The Family Drive Inn received one round through a window and a business at 1108 W. Meeker appeared to have been hit two times. No person was hit. Video from Safeway and their gas pumps was requested. • August 13, officers made an arrest in the 2016 Campos and Dias transient camp homicides on the one-year anniversary. • August 18, officers responded to Rite Aid at 26200 Pacific HWY S where a female suspect had shoplifted perfume and then pulled a knife out when confronted by store security. No one was injured and the suspect was booked. • August 19, officers responded to a Valley Investigations Team call out for a Federal Way Police Department Officer Involved Shooting. Federal Way PD had located an occupied stolen vehicle. The suspect violently backed into a tree as he tried to get away, then drove forward striking the officer’s car. The officer fired at the driver, striking him in the upper arm. Kent PD is primary on the investigation and the suspect has been booked. Page 8 of 11 •August 19 and 21, officers made three warrant arrests and two drug arrests at a large homeless encampment at the corner of SE 260th St and 100th Place SE. •August 20, officers were dispatched to an occupied residential burglary in the 21700 block of 96th Place S. Officers tracked two suspects into a ravine and apprehended one. •August 21, officers and detectives responded to the 22200 block of 35th Place S for a report of a three-month-old infant that was not breathing. Although life supporting efforts were made by the family and medics, the infant did not survive. Preliminary findings do not show any trauma to the infant – cause of death is under investigation. •August 23, a domestic violence homicide subject claiming his wife was cheating on him was taken into custody after stabbing his wife to death. •August 23, officers responded to the area of Fred Meyer at 10201 SE 240th St. for reports of a naked male attempting to break into vehicles. One of the vehicles took off dragging the suspect. Officers caught him trying to steal a taxi and were able to arrest him. •August 23, officers were dispatched to an illegal discharge at the Kent Hill Food Mart across from McDonalds on SE 256th. Nine .22 caliber casings were located. No reports of damage or injuries – detectives are investigating. •August 27, Patrol units responded to a call of approximately 30 rounds fired at the Amazon Fulfillment center and a female screaming in the background. Apparently, there were three suspect vehicles involved; all shooting at each other. The incident started at the intersection of 212th and 64th. Four uninvolved vehicles were also shot. There were no reported victims. Thirty-five cases of both a .9mm and .357 sig were found in the parking lot and another 12 cases from a .9mm in the roadway. Two bullet jackets and two bullet fragments were also found. Detectives have been assigned to the case. Major emphasis patrol •August 12, Racer Emphasis: 9 Criminal Citations, 26 Notice of Infractions, 30 Field Interview contacts, and 1 vehicle towed. •August 13, the Civil Disturbance Unit assisted Seattle Police Department with riots at Westlake Center. •August 20, John sting went off without a hitch – we arrested ten Johns and impounded nine vehicles. Events and awards •August 15, Albert Kim was sworn in. •Three citizen commendations were awarded at the Council meeting on August 15: o Grant Crosby and Anthony Trujillo were commended for their help in locating and apprehending a burglary suspect. o Ceferiano Eutimio was commended for his assistance in arresting an at fault driver in a motor vehicle collision. Page 9 of 11 PUBLIC WORKS Design •S 224th St Project 84th to 88th – Working toward Possession and Use agreement with Hytek property for wetland mitigation as required by CORPS permit. Evaluating alternative sites as a backup plan. •S 224th St Project 88th to 94th – Received review appraisals and preparing offers to purchase right of way for eight parcels. Condemnation ordinance has been prepared and notification and hearing dates set. •S 228th St UPRR Grade Separation (and 228th Bikeway) – Final review in late Sept. Coordinating with City utilities on 72” Stormwater – met with Contractor performing slip-lining on KC Sanitary Sewer line to discuss constructability for large diameter pipe. •Briscoe-Desimone Reach 2 and 3 Plantings – Aug 29 advertise for open bid Sept 12, Council Sept 19. Sixty percent review comments received and working to incorporate. •Kent Springs/Pump Station 4 – Operations working with Consultant to further design and secure additional information for contract specifications. •Jenkins Creek Bridge Road Widening – City of Covington project impacting Kent water transmission mains – Reviewing draft plans. Coordinating with Water division for business needs. •Naden Ave/Willis St Intersection Improvements – preparing channelization plans for WSDOT review. On track for submittal to WSDOT late August. Coordination with Olympic Pipeline for anticipated fill material above pipeline. Construction •108th Ave SE & SE 208th St. Intersection Improvements: Punch-list work is ongoing on an intermittent basis. The final work is expected to be completed prior to the end of Aug. Lane closure will be implemented while this work is taking place. •LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1): Construction is currently scheduled to begin on September 18. Activities will begin on SR 167 on September 29. •80th Ave S Pavement Preservation: All concrete and asphalt paving is complete and the road is open to traffic. Final striping will take place after the concrete’s 28-day cure period has passed. This work is expected to take place beginning on Sept. 7. •2017 Asphalt Overlays: All work in Seven Oakes is complete. Starlake Highlands activities include minor restoration and cleanup. ADA improvements in the Misty Meadows neighborhood are being finalized. Grind/pave activities are ongoing. •S 212th St and 72nd Ave S Intersection Improvements: The first phase of concrete paving was completed on Friday last week and traffic was shifted for completion of the South curb lane. Demolition of the existing surface on the South curb lane is complete and concrete placement is scheduled for Thursday (possibly Wednesday). Traffic will be shifted again for work on the North inside lane this weekend. Traffic control shifts will occur weekly: o 72nd Ave both North and South of 212th will be closed for the duration of this project (25 calendar days). o Contract work will be taking place during daytime and nighttime hours 6 to 7 days per week. Traffic control on 212th with lane restrictions and the closure of 72nd will be implemented 24/7 until the project completion. •Habitat Conservation Measure 6: Initial contract work is complete. Planting will take place this fall. Page 10 of 11 • 132nd Ave SE Pedestrian Improvements (SE 251st St to SE 268th St): Contract work is scheduled to proceed with mobilization and tree removal on Monday, August 28. • Woodford Ave N Drainage Improvements: Authorization to Award notification has been provided to Northwest Cascade, Inc. of Puyallup, WA. The contract is executed and the preconstruction meeting is Friday, Aug. 25. • 2017 Large Storm Pipe, Culvert and Channel Cleaning, W Meeker St to S 240th St: Cleaning of the culvers on Meeker St is nearly complete and the contractor is moving on to cleaning the ditch located on the East side of Hogan Park between James St and Meeker St. • 2017 Large Culvert and Channel Cleaning, 64th Ave S: Culvert and channel cleaning is progressing with multiple crews on 64th Ave. Dewatering pumps will be used to control water in the ditches on a continual basis for the duration of this project. • S 212th Way Overlay: Work on 212th Way is expected to begin on Tuesday, Sept. 5. • S 228th Grade Separation at Union Pacific Railroad – Joint Utility Trench: Work is expected to begin on either Sept. 18 or Sept. 25. Transportation • Staff has installed the fourth of six traffic signal cabinets purchased with B&O funds at 116th Ave SE and SE 240th Street. • Staff recently installed speed radar signs at three locations (two signs at each location). These signs collect speed data. At five of six locations, data was collected prior to turning on speed feedback data to further establish a baseline. The sixth location is currently collecting data and will be on by next week. The locations of these sings are on Riverview Blvd, Lakeside Blvd. West and the SE 288th Street near 156th Ave SE. • Staff turned in Transportation Improvement Board grant applications for SE 248th Street, 76th Ave. S. and two pedestrian projects on 132nd Ave. SE. Land Survey • Design Mapping: 228th UPRR Grade Separation Additional Topo and Horseshoe Bend Utility Locates. • Construction/Staking: 212th/72nd curb return staking and 132nd Ave project construction setup. • Office/Right of Way: 228th UPRR grade separation easements and quiet zone right- of-way boundary lines. GIS • General: City of Kent GIS presenting at City of Mercer Island – Central Puget Sound GIS User Group and Multiple LID requests from Finance. • Weekly Customer Service Requests: Large map created for Neighborhood Programs meeting for Mayor’s Office; Water distribution data map created for water data request; 2017 Water Plan – Seven as-builts completed and ongoing curb ramp inventory. Environmental • Meridian Valley Creek Repair – Bids were opened on August 17 and are being evaluated. • Lower Russell Road Levee – Comments on the 60% plans were provided to the King County Flood Control District. City water, sewer, storm, roads and parks are going to be rebuilt as part of this project as well as some significant reaches of the Green River riverbank. Page 11 of 11 • Hawley Road Levee - Connection to SR-167 is out for construction bids. Bids will open on August 29. • Milwaukee II Levee – Alternative Evaluation meeting was held with King County staff and the Flood Control District Executive Director on August 24, and the alternatives were narrowed to three which will be analyzed in more detail for presentation to the Flood Control District Executive Committee. • Horseshoe Bend Pipe Repair is out for construction bids. Bids opened on August 29. Streets • Street Maintenance crews will be doing hot patch repairs at 13340 SE 248th, 124th between 272nd and 270th, grinding sidewalks on 64th from 236th to 228th, paving shoulders on Reith Road to Military and blading shoulders on Saar St. between 3rd and 4th St. The concrete crew will be prepping and pouring on 80th and 182nd. Vegetation crews will also be performing maintenance at the Boeing ditch, Erin Glade North, and mowing, blowing and picking up litter on 256th from 132nd to 116th, and 256th from Kent Kangley to 116th and spraying East and West Hill people paths. The Sign crew will be installing signs per work orders and installing Warning Flags in school photo zones. Litter crews continue to remove illegally mounted signs, picking up debris from the roadway and right of ways, and removing illegal dumping sites. Water • Water Distribution is finishing up work on the 5th Ave tying in the main and installing services. The Hydrants and Large Meters crew will be replacing a hydrant on Russell Road at 214th and gearing up for our vault upgrade for Water District #111 intertie on 282nd and 124th. The Source & Supply crew is repairing roofs at Pump Stations 3 and 4. Utilities • Sewer: Crews are TV’ing existing storm lines, performing pump station services, doing frame and lid change outs city wide and working on the Union Pacific pump replacement. • Storm: The project crew will be replacing curb/gutter and installing catch basin at 13005 SE 204th and repairing a culvert at 28012 132nd Ave. National Pollution Discharge Elimination System (NPDES) crews will be inspecting vaults, pumping on 268th and 40th, cleaning Reith Road and 253rd, W Gowe and 1st9. Fleet/Warehouse • The Radio shop is setting up new vehicles and programming radios. Fleet is working on drop-in repairs of mowers and other equipment, rebuilding side arm mower heads and air brake inspections. # # # This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION ADJOURNMENT