HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 9/3/2013City of Kent
City Council MeetingAgenda
September 3, 2013
Mayor Suzette Cooke
Dennis Higgins, Council President
Councilmembers
elizabeth Albertson
Bill Boyce
Jamie Perry
Dana Ralph
Deborah Ranniger
Les thomas
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KENT CITY COUNCIL AGENDAS
September 3, 2013
Council Chambers
Mayor Suzette Cooke
Dennis Higgins, President
Councilmember Elizabeth Albertson Councilmember Bill Boyce
Councilmember Jamie Perry Councilmember Dana Ralph
Councilmember Deborah Ranniger Councilmember Les Thomas
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COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Riverbend Golf Complex Jeff Watling 50 minutes
2. Transportation Town Hall Meetings Dennis Higgins 10 minutes
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COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC – Citizens may request that an item be added
to the agenda at this time. Please stand or raise your hand to be
recognized by the Mayor.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
C. Proclamation for Gay Pride Day
D. Proclamation for National Recovery Month
E. Proclamation for Brooks & Mary Loop Day
F. Intergovernmental Reports
5. PUBLIC HEARINGS
6. PUBLIC COMMENT
7. CONSENT CALENDAR
A. Minutes of Previous Meeting and Workshop – Approve
B. Payment of Bills – None
C. Lease Agreement with Way Back Inn Foundation - Authorize
(Continued)
COUNCIL MEETING AGENDA CONTINUED
D. Ordinance Amending Kent City Code 9.02 “Criminal Code,” Establishing
a new crime called “Menacing” – Adopt
E. SE 256th Street Public Right-of-Way Dedication – Authorize
F. South County Area Transportation Board (SCATBd) Agreement –
Authorize
G. Limited Street License with Zayo Group, LLC – Authorize
H. Consolidating Budget Adjustment Ordinance – Adopt
8. OTHER BUSINESS
9. BIDS
A. Riverview Park Channel Restoration – Grass Field Improvements –
Award
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Pending Litigation
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office. The Agenda Summary page and complete packet are on the City of
Kent web site at www.KentWa.gov
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at (253) 856-5725. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
SUGGESTIONS FOR EFFECTIVE COMMENTS KENT CITY COUNCIL WELCOME HOW TO PARTICIPATE Speaking to the Council: When you are recognized by the Mayor or presiding officer, speak directly into the micro-phone and state your name and address for the record, spelling you last name. Purpose: What is the idea you wish to present? Reason: Why are you making this point? Summary: What condition will be changed or improved if your viewpoint is adopted? Action: State what you would like the City Council to do in response to your viewpoint. Please limit your comments to three minutes. AGENDAS Agendas are available at each meeting. The agenda is also posted on the City’s Website, www.KentWA.gov and is available for perusal in the City Clerk’s Office and the Kent Regional Library. 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 MEETS: Kent City Hall Council Chambers 1st and 3rd Tuesdays, 7 p.m. The first meetings in August and November are held at 5:00 p.m. In December, Council meets on the 2nd Tuesday at 7:00 p.m. Workshops 5:30 p.m. Kent City Hall 220 4th Avenue South Kent WA 98032 City Council Office 253.856.5712 citycouncil@KentWA.gov Mayor’s Office 253.856.5700 mayor@KentWA.gov The public is welcome and encouraged to participate in Kent City Council meetings, which are televised on local Comcast cable channel 21 (Kent TV21), and streamed live online at www.kenttv21.com. ABOUT THE COUNCIL The seven-member City Council is the legislative forum for the City of Kent. The Council may adopt and enforce ordinances of all kinds relating to local or municipal affairs and appropriate to the government of the City of Kent. COUNCIL COMMITTEES Council committees are comprised of three council members who meet regularly to best address their constituents’ concerns. Most items brought before the entire Council have been discussed by one of these working committees. After a review is completed, the committee makes a recommendation to the entire Council for a vote at a subsequent Council meeting. This recommendation is voted on under the “Consent Calendar,” if the vote by the committee was unanimous. COMMITTEES AND MEMBERS Operations: Les Thomas, Chair Jamie Perry, Dennis Higgins Meets 1st and 3rd Tuesdays, 4 p.m. Parks and Human Services: Deborah Ranniger, Chair Elizabeth Albertson, Dana Ralph Meets 3rd Thursday, 5 p.m. Economic & Community Development: Jamie Perry, Chair Deborah Ranniger, Bill Boyce Meets 2nd Monday, 5:30 p.m. Public Safety: Bill Boyce, Chair Dana Ralph, Les Thomas Meets 2nd Tuesday, 5:30 p.m. Public Works: Elizabeth Albertson, Chair Dana Ralph, Dennis Higgins Meets 1st and 3rd Mondays, 4 p.m. Audience participation is encouraged at all Council meetings. Citizen input is typically given during “Changes to the Agenda,” “Public Hearings,” and “Other Business”. “Changes to the Agenda” When the Mayor asks for changes to the agenda from the public, please step to the podium and give your name, address and the subject of your concern. You may ask to speak to any item on the agenda (for “Other Business” items, see below), or you may ask to add an item to the agenda. The Council will determine whether or not to add you r item to the agenda. “Public Hearing” Public hearings are held to receive input on a particular issue. When the Mayor asks for public comment, you should rise or raise your hand. Upon being recognized, step to the podium, give your name, address and state the nature of your interest or concern. “Other Business” Items under Other Business are generally discussed by the Council before action is taken. If you wish to address an item under Other Business, you may do so by following the same procedure as in Public Hearings. Comments are typically limited to three minutes per speaker.
COUNCIL WORKSHOP
1) Riverbend Golf Complex
2) Transportation Town Hall Meetings
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) From Council, Administration, or Staff
B) From the Public
PUBLIC COMMUNICATIONS
A) Public Recognition
B) Community Events
C) Proclamation for Gay Pride Day
D) Proclamation for National Recovery Month
E) Proclamation for Brooks & Mary Loop Day
F) Intergovernmental Reports
WHEREAS, the City of Kent strives to create a welcoming community for all
people; and
WHEREAS, gay, lesbian, bisexual and transgender residents contribute to the
cultural fabric of our community, fortify the success of our employers and
businesses, and foster expressions of diversity; and
WHEREAS, gay, lesbian, bisexual and transgender individuals donate their
time, talent and labor to various organizations and express a full range of faith
traditions as others do in the community; and
WHEREAS, gay, lesbian, bisexual and transgender individuals invite each of
you to join them in a celebration of diversity here in Kent on Sunday, September
81 2013, from 11:00 am to 3:00 pm in the park on Railroad Avenue between
Gowe and Meeker Streets; and
NOW, THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, Washington,
do hereby declare September 8, 2013 as
In the City of Kent and encourage everyone to recognize and applaud the
numerous contributions of gay, lesbian, bisexual, Cl"d transgender individuals in
the city.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official
Seal of the City of Kent to be affixed this 3rd day of September, 2013.
K�
W A S H I N G T O N
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
WHEREAS, in 2011, 3.8 million people received specialty treatment for a substance use
disorder and more than 31.6 million adults aged 18 or older received services for mental
disorders, according to the 2011 National Survey 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 Survey 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 National Recovery
Month and
NOW, THEREFORE, I, Suzette Cooke, Mayor of Kent, do hereby proclaim the month of
September 2013 as
In the City of Kent and call upon the people of Kent to observe this month with appropriate
'
programsactivities, and ceremonies supporting this year
,s theme.
In witness whereof, I have hereunto set my hand this 3rd day of September, 2013.
uzette Cooke
WAS FII NGiCJ N
PUBLIC COMMENT
Agenda Item: Consent Calendar 7A – 7B
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through H.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the workshop and regular Council meeting of
August 20, 2013.
7B. Approval of Bills.
No bills for approval.
1
Kent City Council Workshop
August 20, 2013
The meeting was called to order at 5:45 p.m. by Council President Dennis Higgins.
Councilmembers present: Thomas, Boyce, Ralph, and Ranniger. Councilmember Perry
was absent. Councilmember Albertson arrived at 5:44 p.m.
Council President Higgins added an item on the Highway 167/State Route 509 project
to the agenda.
Revenue Estimates for 2014 Budget. Finance Director Robert Nachlinger discussed
a document he handed out and discussed adjustments for the 2014 Budget. He
highlighted the phone service taxation and that it would generate some funds for the
City. He added that the annexation sales tax is less than budgeted.
Councilmember Ralph confirmed that the phone sales tax would go into effect on
January 1, 2014.
Nachlinger discussed lower gambling revenues based on the Great American Casino
tax percentage reduction. He reviewed intergovernmental reductions and that the City
no longer qualifies for Criminal Justice high crime funding due to reductions in crime
activity. He noted that the change to the previously adopted budget is almost
$385,000. He continued and discussed the Capital Improvement Fund and the
revenues from sales, utility, property sales, and REET taxes. He also reviewed
miscellaneous revenues and transfers in facilities and the general fund. He highlighted
the sale of the Northwest Corporate Park and its REET revenues.
Council President Higgins verified that after this meeting Nachlinger would take these
numbers and prepare a budget adjustment ordinance for the 2014 calendar year after
the Council reviews and finalizes 2014 expenditures at a future meeting.
Council President Higgins inquired about the City not being eligible for the high crime
funding any longer and Nachlinger replied that the lack of funds will not cause the
City to put any police positions on hold.
Brubaker verified that the REET from the Northwest Corporate Business Park is
$850,000. Nachlinger communicated that this report is through June and the
property's REET wasn't done until July, so those numbers aren't reflected in this
report.
Council President Higgins communicated that the Council went through a lesson last
year and it is better to be conservative and stay in the black.
Brubaker noted that the City has been conservative and that is reflected through
these numbers.
Councilmember Boyce inquired about the reduction in the liquor sales tax revenues
and Nachlinger responded that the legislature retained half of those revenues.
Kent City Council Workshop Minutes August 20, 2013
2
Brubaker pointed out that the City will be at 10.2% of its reserve. He noted that the
contingency fund for unanticipated costs will be at $500,000, and there will be $1.15
million in the strategic opportunities fund.
Council President Higgins communicated that there weren't any changes in the B&O
tax and Nachlinger confirmed that there won’t be any proposed changes. He noted
that the B&O returns are at $1.5 million, which have increased. Brubaker
communicated that the projected annual revenue estimate is $5 million, but that for
this first year of implementation, only $3.3 million was budgeted.
Councilmember Boyce verified that there is a 5% late fee for late filings which has a
maximum penalty of 25% depending on when filing takes place.
Councilmember Ralph confirmed that the late fees go into effect in the second
quarter.
Councilmember Albertson verified with Nachlinger that utility tax revenues fluctuate
with changing weather patterns. He added that rate increases are expected this
winter which will increase the revenues.
Discussion continued about the utility tax item and Brubaker noted that the utility tax
amount is conservative if based on the previous year.
Councilmember Ranniger communicated that an estimated 2.47% increase feels high.
Council President Higgins suggested cutting the 2.47% increase in half to 1.38%. He
noted that makes it a little more conservative.
Brubaker noted that the revenue went up $1.2 million in an unusually warm winter.
He noted that the estimate for this winter is only an increase of $470,000.
Councilmember Ralph confirmed with Nachlinger that Puget Sound Energy is
increasing their rates and telephone rates go up every year. She also confirmed that
the phone line tax is a sales tax.
Brubaker inquired if the $470,000 estimate is conservative enough for the Council.
Councilmember Ralph inquired and confirmed that there was an increase in water,
sewer, and gas rates in 2013.
Councilmember Albertson inquired about the 11.27% amount in fines and forfeitures
and Nachlinger replied that the funds will be derived from school zone cameras.
Council President Higgins, Councilmember Boyce, Councilmember Ralph, and
Brubaker verified that this was the correct estimate to be derived from the traffic
cameras.
Councilmember Thomas discussed the sale of property line item and Nachlinger noted
that it is from the sale of surplus properties within the City and Brubaker specified
which sales were included in the line item.
Kent City Council Workshop Minutes August 20, 2013
3
Council President Higgins summarized that the last issue is to determine whether the
estimated percent change to the utility tax from 2013 to 2014 should be kept at
2.47%.
Brubaker reviewed the process again and noted that this will go to the committee and
come back to the Council again.
State Route 167/State Route 509
Councilmember Albertson communicated that State Route 167 and State Route 509
were reviewed at the last legislative session. She said the key stakeholders are still
lobbying the senators and the governor concerning this item. She added that she is
on the State Route 509 executive committee and they had a meeting with the
Washington State Department of Transportation (WSDOT). She stated that the State
Route 167 Coalition has dedicated funding streams and is a better coordinated effort.
She noted that there has been discussion concerning combining both groups and
fundraising. She asked the Council for funding consideration. She noted that the
Senators are holding listening sessions for the public to get involved and if movement
doesn't happen this item won't be resurrected in the legislature.
Council President Higgins communicated that if the coalition asks for funds he would
bring it to the Council.
Councilmember Albertson said she would be the one bringing the item to the Council
and Council President Higgins replied that he would determine what the Council could
donate out of its budget.
Councilmember Ranniger noted that this has been on the table for years and it is
frustrating that it hasn't gone forward. She encouraged the Council to act.
Councilmember Thomas inquired if King County Councilmember Patterson needs any
assistance and Councilmember Albertson said she is going to speak to her tomorrow
about a funding estimate she had drawn up in the past.
Revenue Estimates for 2014 Budget (continued). Council President Higgins
verified with Nachlinger that –in 2011, the utility tax revenues increased by
$2 million. Council consensus was that they were comfortable with the estimates.
The meeting adjourned at 6:33 p.m.
Ronald F. Moore, MMC
City Clerk
1
Kent City Council Meeting
August 20, 2013
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke.
Councilmembers present: Mayor Cooke, Councilmember Albertson, Councilmember
Boyce, Councilmember Ralph, Councilmember Ranniger and Councilmember Thomas.
Councilmember Perry was excused from the meeting.
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. Council President Higgins added Consent
Calendar item 7(L), an excused absence for Councilmember Perry.
B. From the Public. None.
PUBLIC COMMUNICATIONS
A. Public Recognition. Mayor Cooke discussed the Neely-Soames Homestead and
displayed a watercolor painting of the house. She discussed the Kent Historic Homes
Tour that she attended last Saturday. She thanked all the volunteers.
B. Community Events. None.
C. Intergovernmental Report. Council President Higgins discussed the King County
Regional Transit Committee meeting and the likelihood of 17% in service cuts in Metro
Transit. He added that the King County Regional Policy committee met last week and
heard about veterans’ services provided by King County and regional waste policy. He
noted that there is the potential for a transfer station to be built near Kent. He pointed
out that the King County Chemical Dependency and Oversight board meets Thursday.
Councilmember Ralph communicated that the Regional Law and Safety Committee
meets next Thursday morning.
Councilmember Albertson announced that the City will continue their membership with
the South County Area Transportation Board (SCATBD) and that the Transportation
2040 strategies and Highway 167 and State Route 509 were the main topics at their
last meeting. She added that she is on the "Let's Complete State Route 509" board
and during the workshop it was decided that the committee will continue to ask the
legislature to go into session to complete SR-509 and have the funding package
passed this year.
D. Public Safety Report. Police Chief Ken Thomas communicated the August 2013
Public Safety report. He discussed the wedding dress assistance given by the Valley
Communications telephone operator which gained national exposure. He also
communicated that vehicle prowls are lower this month and auto thefts and robberies
have increased due to the summer months. He noted that residential burglaries are
Kent City Council Minutes August 20, 2013
2
lower, but because of the increased construction activity, commercial burglaries have
increased.
Chief Thomas presented Chief's Award of Citizen Commendation awards to Sonny
Ahlawalia, Nikki Malcolm, Bart Mattson, and Philip Petersen who saved a family who's
boat capsized in Lake Meridian.
PUBLIC COMMENT
1. Ken Przepiora, Kent, communicated that he was against the sale of the Par 3 golf
course.
2. Zach Lockhart, Des Moines, communicated that he was against the sale of the Par 3
because it is where he golfs with his grandfather. He noted that the course means a
lot to him.
3. Thomas Brice, Kent, communicated that he said the Par 3 means more than golf.
He said it is the green entrance into the City. He stated that Alexa Moormeyer
qualified for the National Drive, Chip, and Putt competition in Augusta, Georgia at
the course.
4. Suzanne Dowell, Tacoma, said she lives close to the Northshore Golf Course and is
a beginner golf player. She stated that all three generations of her family play at
the Par 3 Golf Course and is opposed to the City selling it.
5. Wayne Johnson, Federal Way, communicated that he has been using the Par 3
course for years and noted that there are many people that use it who have
disabilities. He urged the Council to reconsider selling the course to a developer.
6. Manny Espinosa, Kent, stated that the Par 3 was purchased by former leaders of
the City who saw the impact it would have on the citizens of Kent. He said it is a
beautiful legacy and shouldn't be sold. There have been friendships formed at the
course and it continues to impact the quality of life of Kent's seniors. He said the
course relieves the pains and aches of society and instills the core values of golf
into the children. He urged the Council to save the Par 3 because it is the right
thing to do.
7. Evan Johnsen, Seattle, on behalf of First Tee of Greater Seattle, discussed
preserving the Par 3 and noted that his organization serves the Riverbend Golf
Course. He stated that the number of patrons have increased at the Riverbend and
discussed the advantages of the Par 3 and golf.
8. R.C. Sample, Kent, thanked the people who spoke and communicated that the
people don't want the Par 3 sold. He attempted to survey the Mayor and Council.
Councilmember Thomas called for point of order.
Concluding the public comment period and questioning of the Mayor and
Council.
Councilmember Ranniger clarified that there is no pending sale of the Par 3 Golf
Course. She added that the Parks and Human Services Committee looked at the
revenues and expenditures of the City and the Par 3 was brought up because it is part
of an enterprise fund that isn't fully self-sustaining at the present time and it needs to
be. She added that there were two open houses and many people came with ideas,
Kent City Council Minutes August 20, 2013
3
concerns, and their passions. One of those ideas was to question why it was an
enterprise fund and why isn't made into a park and placed under the general fund. The
only decision that has come forward is to have a meeting on September 3 to consider
whether to change the funding mechanism. There is no pending sale and the Council is
still grappling with the issue and what the options are. The workshop will be
September 3 and the advantages and disadvantages of enterprise fund vs. general
fund will be discussed. She noted that the workshop on September 3rd wouldn't have
been scheduled if the Council was truly going to move forward with any sale.
Councilmember Ralph communicated that no Councilmember has made any decision
and said there are issues in the enterprise fund and the process going forward will be
to determine how those issues can be dealt with. She added that no one has stated
that the Par 3 would be sold. There is no pending sale, she communicated. This is
about determining what is needed to address the enterprise fund issues.
Councilmember Albertson communicated that she has been on the Parks and Human
Services Committee for eight years and this has been an issue all eight years. The lack
of revenue being generated from the Par 3 is an issue and something has to be done.
She added that there are other issues such as turf repair at Wilson Playfields. There
are several parks failing and the Parks Levy was voted down to fix these and other
parks problems. This is a policy decision and it needs to go to the full Council, she
explained. She added that the open houses were held so the Council could have public
input and information to make future policy decisions.
Councilmember Boyce said he appreciates the last four or five meetings and he has
learned a lot about the Par 3. He noted that the Council tries to be fiscally responsible
and has to ensure that the City can take care of itself. He communicated that there is
no need to threaten anyone at a Council meeting concerning what their opponent’s
views are. He encouraged speakers to make their point.
Councilmember Thomas communicated that he wants a ruling on his point of order and
City Attorney Fitzpatrick communicated that Councilmember Thomas was correct in
calling for a point of order.
Mayor Cooke communicated that R.C. Sample could have another minute for Public
Comment.
Mr. Sample communicated that his findings show that the golf course hasn't lost
$132,000 in revenues. He stated that the debt is based on rent and internal service
charges. He said the debt has been paid and the revenues are being used to pay for
the contracts to run the course.
CONSENT CALENDAR
Council President Higgins moved to approve Consent Calendar Items A
through L, seconded by Councilmember Thomas. The motion carried and the
following items were approved:
A. Minutes of the workshop and regular Council meeting of August 6, 2013.
Kent City Council Minutes August 20, 2013
4
B. Payment of the bills received through June 30 and paid on June 30 after auditing by
the Operations Committee on August 6, 2013.
Checks issued for vouchers:
Date Check Numbers Amount
6/30/13 Wire Transfers 5523-5534 $1,237,831.45
6/30/13 Regular Checks 674252-674665 5,710,514.61
6/30/13 Use Tax Payable 2,048.18
$6,950,394.24
Payment of the bills received through July 15 and paid on July 15 after auditing by the
Operations Committee on August 6, 2013.
Checks issued for vouchers:
Date Check Numbers Amount
7/15/13 Wire Transfers 5535-5552 $1,654,243.14
7/15/13 Regular Checks 674666-675003 1,049,697.12
7/15/13 Use Tax Payable 2,580.90
$2,706,521.16
Checks issued for payroll for June 16 through June 30 and paid on July 5, 2013:
Date Check Numbers Amount
7/5/13 Checks 332168-332344 $ 101,676.36
7/5/13 Advices 315834-316469 1,240,383.74
$1,342,060.10
Checks issued for payroll for July 1 through July 15 and paid on July 19, 2013:
Date Check Numbers Amount
7/19/13 Checks 332345-332514 $ 105,193.56
7/19/13 Advices 316470-317108 1,192,439.07
$1,297,632.63
C. Creekside Building Bill of Sale. The Bill of Sale for the Creekside Building
Project, permit #2061716, for 1 gate valve and 2 hydrants was accepted.
D. Hartung Glass Bill of Sale. The Bill of Sale for the Hartung Glass project, permit
#2061114, for 7 gate valves, 4 hydrants, 1,509 linear feet of waterline, 1 sanitary
sewer manhole, 183.10 linear feet of sanitary sewer line, 689.70 linear feet of new
street, 2 storm sewer manholes, 3 catch basins, and 597.32 linear feet of storm sewer
line was accepted.
E. Seven Oaks Park Playground Equipment Agreement. The Mayor was
authorized to sign the goods and services agreement with Landscape Structures, Inc.
in the amount of $32,824.89 to purchase playground equipment for Seven Oaks Park,
subject to final terms and conditions acceptable to the City Attorney and the Parks
Director.
Kent City Council Minutes August 20, 2013
5
F. Bennett Group Consulting Services Contract – Civility Training. The Mayor
was authorized to sign a contract with the Bennett Group, in an amount not to exceed
$10,500 for Police Department training on workplace civility as well as workplace
bullying prevention and intervention issues and strategies, subject to final terms and
conditions acceptable to the City Attorney and Police Chief.
G. Cumulative Grant Donations to the Youth Conference and Drinking Driver
Task Force Funds. The Mayor was authorized to accept the current Youth Conference
Donation fund balance of $34,333, and the Drinking Driver Task Force fund balance of
$13,163, amend the budget and expend the funds in accordance with the grant terms
and conditions acceptable to the Police Chief and City Attorney.
H. Washington Auto Theft Prevention Authority Grant. The Mayor was
authorized to accept the Washington Auto Theft Prevention Authority grant award in
the amount of $1,614,100, amend the budget and expend the funds in accordance
with the grant terms and conditions acceptable to the City Attorney and Police Chief.
I. King County Sheriff’s Office Cost Reimbursement Agreement. The Mayor was
authorized to sign the Cost Reimbursement Agreement with the King County Sheriff’s
Office in the amount of $73,912.60, for the purpose of verifying the address and
residency of registered sex and kidnapping offenders, with final terms and conditions
acceptable to the City Attorney and Police Chief.
J. North Star Contract – Firing Range Repairs. The Mayor was authorized to sign
a contract with North Star Construction and Environmental for repairs to the Kent
Police Department firing range, in an amount not to exceed $49,767.75, subject to
final terms and conditions acceptable to the Police Chief and City Attorney.
K. State Farm Grant – Illegal Street Racing Enforcement. The Mayor was
authorized to accept the State Farm Grant, in the amount of $3,750, for
implementation of an illegal street racing enforcement operation, amend the budget
and expend the funds in accordance with the grant terms, subject to approval of the
City Attorney and Police Chief.
ADDED
L. Excused Absence. Councilmember Perry was excused from the Council meeting of
August 20, 2013.
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. Council President Higgins discussed the workshop and
summarized that all City funds are doing ok and there was a discussion on State Route
509. He said the Council committed to doing some lobbying concerning the
transportation package.
B. Mayor. Mayor Cooke discussed a meeting with the Corps of Engineers approach to
the levees, the Systemwide Improvement Framework (SWIF).
Kent City Council Minutes August 20, 2013
6
Mayor Cooke discussed gifts the City received from its Sister Cities.
She congratulated Smith Brothers Farms on their move and their grand re-opening.
C. Administration. Interim Chief Administrative Officer Brubaker stated he had no
report but there would be a one hour executive session for labor negotiations and
property acquisition.
D. Economic & Community Development Committee. In the minutes.
E. Operations Committee. In the minutes.
Councilmember Ralph addressed an issue regarding the sale of property that the City
owned at the northwest corner of the intersection of Riverview Boulevard and
Veteran’s Way (formerly South 231st Street). She noted that on January 2, 2013 the
Council approved to enter into a sale agreement with Seattle Public Utilities (SPU) by a
vote of 5-1 with Councilmember Perry voting in opposition. She communicated that
the terms of the agreement were that SPU would negotiate the sale and three tiers
were set up concerning the use of this property. Tier 1 consisted of preferred uses
such as retail, hotel, and privately-owned office space. Tier 2 included a variety of uses
to include multi-family and senior housing. Lastly, Tier 3 had less desirable uses
including non-market rate multi-family housing. The caveat on the sale was that if an
offer came back with a Tier 3 use the Council would have the opportunity to decline
that offer. She noted that Councilmember Perry voted against this agreement because
she felt it would take away the Council’s ability to have the ultimate say on the sale
and use of this property. Now, she said, she agrees with her. She stated that the
discussion prior to the vote was that there were safeguards built in to the agreement
that would prevent a non-desired use from occurring. She said that if she would have
known that there was any possibility of the City having more subsidized, low income,
development at that site she would have voted against the agreement. She
communicated that it was her understanding that with the metrics in place Tier 3
would have been a prohibited use. She said that in July a developer made an offer and
a purchase and sale agreement was prepared and signed. However, after the
agreement was signed the Council was told by the City staff that the developer was
going to build subsidized, low income, multi-family housing and include Section 8
housing. She said the Council was informed that the stipulation in the original
agreement that development be at market rate and that subsidized housing was not
acceptable had not been included in the purchase and sale agreement. Additionally,
she communicated that the omission wasn’t recognized when the purchase and sale
agreement was reviewed and the contract was ultimately signed. She went on record
and communicated that if she would have been informed this type of development
could have occurred she wouldn’t have voted in favor of the agreement with SPU. She
said there have been several mistakes and oversights with this project and it is still
going forward. She said she doesn’t support the development, wouldn’t have voted for
the project, and is disappointed about this outcome. She noted that the City of Kent
has a more than adequate inventory of subsidized and low income housing at this
point in time. She concluded that is the first of new development on the West Hill of
Kent in the Midway Subarea and hopes this development and its type doesn’t set any
precedence or hinder any further development in the Midway Subarea.
Kent City Council Minutes August 20, 2013
7
F. Parks and Human Services Committee. Councilmember Ranniger stated that
there will be a discussion on the possible policy decision to change the golf course
funding from an enterprise fund to a general fund at the Parks & Human Services
Committee meeting on Thursday at 5:30 p.m. She also stated that there will be no
decisions made and no public comment. The meeting will be for the exploration in
what the differences will be if it is changed from and enterprise fund to a general fund
entity.
G. Public Safety Committee. In the minutes.
H. Public Works Committee. Councilmember Albertson thanked Councilmember
Ranniger for her work on the Par 3 issue. She communicated the reason these items
are brought to Council workshop is to increase full Council knowledge. She noted that
August 6th was National Night Out. She noted that the September 2nd Public Works
Committee meeting has been cancelled and items on the next Public Works Committee
agenda are railroad quiet zones and how the anticipated transit cuts will affect Kent.
I. Regional Fire Authority. Councilmember Thomas communicated that the
Regional Fire Authority meeting is tomorrow night and to review their budget.
EXECUTIVE SESSION
At 8:14 p.m. the Council adjourned into Executive Session.
At 8:44 p.m. Mayor Cooke extended the meeting for an additional fifteen
minutes.
At 8:59 p.m., Mayor Cooke extended the meeting for an additional ten
minutes.
At 9:09 p.m., Mayor Cooke extended the meeting for an additional ten
minutes.
At 9:13 p.m., the regular meeting reconvened.
Mr. Brubaker discussed the Clark Springs water source within the City limits at 26005
SE Kent Kangley Road and that the City is interested in purchasing the property to
protect the spring and the site.
Councilmember Albertson moved to authorize the Mayor to sign all necessary
documents to complete the purchase of property owned by David D. Donnelly,
located at 26005 SE Kent Kangley Road, Parcel No. 252206-9078, consisting
of 0.74 acres to protect the Clark Springs water source, within established
budgets and subject to approval of final terms and conditions by the City
Attorney and Public Works Director, seconded by Council President Higgins.
Motion carried 6-0.
Kent City Council Minutes August 20, 2013
8
ADJOURNMENT
The meeting adjourned at 9:18 p.m.
Ronald F. Moore, MMC
City Clerk
Agenda Item: Consent Calendar – 7C
TO: City Council
DATE: September 3, 2013
SUBJECT: Lease Agreement with Way Back Inn Foundation – Authorize
SUMMARY: The Way Back Inn Foundation, a nonprofit agency serving Kent residents,
is a tenant in the city-owned building located at 9815 South 252nd Street. The
building, known as the Campus House, provides temporary single-family dwellings for
homeless families with children under fourteen years of age. In consideration of this
five-year agreement, the Lessee pays all costs associated with, or arising out of, the
maintenance, operation, and agreed upon tenant improvements of the leased
premises in lieu of paying rent.
EXHIBITS: Lease Agreement
RECOMMENDED BY: Operations Committee
BUDGET IMPACTS: None
MOTION: Authorize the Mayor to sign the lease agreement with the Way
Back Inn Foundation to lease the city-owned building located at 9815 South 252nd
Street in Kent, subject to final terms and conditions acceptable to the City Attorney
and Parks Director.
Lease Agreement Cover Sheet—Page 1 of 3
CITY CLERK
CITY OF KENT
220 4th Avenue South
Kent, WA 98032
Fax: 253-856-6725
PHONE: 253-856-5725
Lease Agreement Cover Sheet
This document is to be used in lieu of the Contract Cover Sheet
SECTION 1 – CONTRACT PROCESSING AND TENANT SET-UP:
Contract Number: (to be completed by Clerk’s Office)
1. Responsible Department/Division: Parks/Facilities
2. Contact Person and Title: Alex Ackley
Telephone Extension: 5081
3. Tenant (Customer) Name: Way Back Inn Foundation
4. Tenant (Customer) Number: 228001
5. General Ledger Account Number: 54006900.32500.0303 (Leasehold
Excise Tax Only Invoiced)
6. King County Tax Parcel Number: 192205-9075
7. Address of Parcel: 9815 Southeast 252nd Street, Kent
8. Type of Lease: Rental Agreement - Residential Building Rental
9. Council Authorization Date:
10. Mayor Signature Date:
SECTION 2 – LEASE DURATION AND IMPORTANT DATES:
11. Lease Start Date: September 3,2013
12. Tenant Lease Option Renewal Notification Due Date: N/A
13. Lease Termination Date: August 31, 2018
14. Lease Duration: September 1, 2013 through August 31, 2018. No option to
extend lease term.
SECTION 3 – RENT DETERMINATION AND DUE DATE:
15. Rent: No monetary rent. In lieu of monetary rent, tenant to make all stated
improvements at its sole expense (outlined in Exhibit B to the Rental
Lease Agreement Cover Sheet—Page 2 of 3
Agreement), and pay all costs associated with or arising out of the
maintenance and operation of the leased premises. The established
estimated fair market value rental is $1410.00 per month.
16. Rent Due Date: 1st of the Month (Leasehold Excise Tax Only)
17. Calculation of Rental Increase(s): N/A - No increases within the term of
the Rental Agreement except with respect impact of potential changes in fair
market value of rental on leasehold excise tax.
SECTION 4 – LEASEHOLD EXCISE TAX:
18. Is this lease subject to leasehold excise taxes?
YES (go to Question 19)
NO, reason:
19. Are leasehold excise taxes for this tenant centrally assessed, i.e.
directly collected from the tenant by the Washington State Department
of Revenue?
YES (attach written verification received directly from DOR or indirectly
through the tenant, e.g. DOR notification letter)
NO (go to Question 20)
20. Does Lease Rent include Leasehold Excise Tax?
(Leasehold taxes must be broken out on the invoice and coded: Business
unit.32500.0303)
YES Calculate the leasehold excise tax (Stated Rent divided by
1.1284)
NO Calculate the leasehold excise tax (Stated Rent times .1284)
SECTION 5 – APPLICABLITY OF UTILITIES:
21. Applicability of Utilities – Check all that utilities that are affected and
indicate provider (e.g. City of Kent), Account Number or basis of
exclusion.
Does Not Apply
Water: 803-09625.02
Sewer: 803-09625.02 (hooked up to City Sewer April 13,
2009)
Drainage: Property below the 2,500 square foot minimum
established for billing purposes
Garbage: Allied Waste
Electricity/Natural Gas: Puget Sound Energy
SECTION 6 – MONETARY PENALTIES AND LATE INTEREST CHARGES:
Lease Agreement Cover Sheet—Page 3 of 3
22. Monetary Penalties: None
23. Late Interest: None
SECTION 7 – OTHER LEASE CONSIDERATIONS:
Special lease considerations, e.g. non-monetary rent, etc
This is a non-monetary lease rental. Leasehold excise tax is calculated based on
the estimated fair market value of the property and is billed to the tenant.
None (check box if no considerations)
LEASE AGREEMENT - 1 (September 2013)
(Between City of Kent and The Way Back Inn Foundation)
LEASE AGREEMENT
BETWEEN THE CITY OF KENT AND THE WAY BACK INN FOUNDATION
THIS LEASE AGREEMENT (“Lease”) is entered into by and between the CITY
OF KENT, a municipal corporation of the State of Washington (“City”), and The Way
Back Inn Foundation, a Washington non-profit corporation (“Tenant”).
The City and Tenant agree as follows:
AGREEMENT
1. PREMISES.
1.1 Premises Defined. The City leases to Tenant and Tenant leases from
the City the real property described in Exhibit A, which is attached to this Lease
and incorporated by this reference, and buildings located at 9815 South 252nd
Street, Kent, Washington (collectively the "Premises" or “Leased Premises”).
1.2 Survey, Maps, and Plans. Tenant is not relying upon and the City is
not making any representations about any survey, plat, diagram, and/or legal
description provided by the City.
1.3 Inspection. The City makes no representation regarding the condition
of the Premises. Tenant is currently in possession of the Premises under a prior
lease agreement. Tenant shall be deemed to have accepted possession of the
Premises in “as-is condition.”
2. TERM.
2.1 Term Defined. The term of this Lease shall commence on September
1, 2013 (“Commencement Date”), and shall terminate on August 31, 2018, (the
"Termination Date"), unless terminated sooner under the terms of this Lease.
2.2 Right to Terminate Early Without Cause. City and/or Tenant shall have
the right to terminate this Lease at any time during the Term upon ninety (90)
days’ prior written notice of termination to the other party.
2.3 End of Term. Upon the expiration or termination of the Term, as
applicable, Tenant shall surrender the Premises to the City in the same or better
condition as on the Commencement Date, reasonable wear and tear excepted.
Non-permanent appliances, personal property, and trade fixtures belonging to
Tenant or Tenant’s Residents shall be removed by the Tenant at the end of the
Term. Any of the aforementioned items remaining at the end of the Term shall be
moved off of the Premises by the City at the Tenant's expense.
LEASE AGREEMENT - 2 (September 2013)
(Between City of Kent and The Way Back Inn Foundation)
2.4 Hold Over. If Tenant remains in possession of the Premises after the
Termination Date, the occupancy shall not be an extension or renewal of the Term.
The occupancy shall be a month-to-month tenancy, on terms identical to the terms
of this Lease, which may be terminated by either party with thirty (30) days’ written
notice. The monthly rent during the holdover shall be the same rent that would be
due if the Lease were still in effect and all adjustments in rent were made in
accordance with its terms. If the City provides a notice to vacate the Premises in
anticipation of the termination of this Lease or at any time after the Termination
Date and Tenant fails to do so within the time set forth in the notice, then Tenant
shall be a trespasser and shall owe the City all amounts due under applicable law.
3. LEASE PAYMENT.
3.1 Monthly Payment. During the Term hereof, Tenant may occupy the
leased premises rent free; in consideration of which Tenant shall:
a. pay leasehold tax at a rate established by the State of
Washington, currently 12.84%, in the amount required by law if Tenant were to pay
the monthly rental market rate of $1410.00.
b. make all improvements at Tenant’s sole expense, as outlined in
Exhibit B; subject to a final inspection and the approval of the Kent Building Code
Inspector and the Facilities Superintendent of the Kent Parks, Recreation and
Community Services Department; and
c. pay all costs associated with or arising out of the use,
maintenance, and operation of the Leased Premises.
4. OTHER EXPENSES.
During the Term, Tenant shall pay the following additional expenses:
4.1 Utilities. Tenant shall pay all fees charged for utilities in connection
with the use and occupancy of the Premises, including but not limited to electricity,
water, sewer, garbage, gas, and telephone service in a timely manner and prior to
delinquency.
4.2 Proof of Payment. Tenant shall, if required by the City, furnish to the
City receipts or other appropriate evidence establishing the payment of any
amounts required to be paid under the terms of this Lease.
4.3 Failure to Pay. If Tenant fails to pay any of the amounts due under
this Lease, the City may pay the amount due, and recover its cost from the Tenant.
Tenant shall pay City said amounts due within thirty (30) days of written notice
LEASE AGREEMENT - 3 (September 2013)
(Between City of Kent and The Way Back Inn Foundation)
from the City. If the City pays or advances any amounts for or on behalf of Tenant,
including but not limited to leasehold taxes, taxes, assessments, insurance
premiums, costs of removal and disposal of unauthorized materials, costs of
removal and disposal of improvements pursuant to Section 6 below, or other
amounts not paid when due, Tenant shall reimburse the City for the amount paid or
advanced and shall pay interest on that amount at the rate of one percent (1%) per
month from the date the City notifies Tenant of the payment or advance.
5. USE.
5.1 Permitted Use. Tenant shall use the Leased Premises to provide
temporary single-family dwellings for homeless families with children under fourteen
years of age (“Residents”) and for no other purpose without first obtaining the
City's prior written consent.
5.2 Restrictions on Use. Tenant shall not cause or permit any damage to
natural resources on the Premises. Tenant covenants and agrees that Hazardous
Substances, as defined in Section 5.5, will not be used, stored, generated,
processed, transported, handled, released, or disposed of in, on, under, or above
the Premises, except in accordance with all applicable laws. Tenant shall also not
cause or permit any filling activity to occur on the Premises. This prohibition
includes any deposit of rock, earth, ballast, refuse, garbage, waste matter
(including chemical, biological or hazardous substances, or toxic wastes),
hydrocarbons, any other pollutants, or other matter in or on the Premises. Tenant
shall neither commit nor allow waste to be committed to or on the Premises. If
Tenant fails to comply with all or any of the restrictions on the use of the Premises
set out in this Subsection 5.2, the City shall notify Tenant and provide Tenant a
reasonable time to take all steps necessary to remedy the failure. If Tenant fails to
do so in a timely manner, then the City may take any steps reasonably necessary to
remedy this failure. Upon demand by the City, Tenant shall pay all costs of such
remedial action, including but not limited to the costs of removing and disposing of
any material deposited improperly on the Premises. The covenants contained in
Section 5.2 shall survive expiration or termination of this Lease.
5.3 Conformance with Laws. Tenant shall, at all times, keep current and
comply with all conditions and terms of any permits, licenses, certificates,
regulations, ordinances, statutes, and other government rules and regulations
regarding its use or occupancy of the Premises.
5.4 Liens and Encumbrances. Tenant shall keep the Premises free and
clear of any liens and encumbrances arising out of or relating to its use or
occupancy of the Premises. Should a lien be recorded against the Premises arising
from actions by the Tenant, Tenant shall have thirty days after written notice by
City to remove the lien.
LEASE AGREEMENT - 4 (September 2013)
(Between City of Kent and The Way Back Inn Foundation)
5.5 Definition – Hazardous Substance. "Hazardous Substance" means any
substance that now or in the future becomes regulated or defined under any
federal, state, or local statute, ordinance, rule, regulation, or other law relating to
human health, environmental protection, contamination or cleanup, including but
not limited to the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, 42 U.S.C. 9601 and Washington's Model Toxics Control Act,
RCW 70.105D.010.
5.6 Miscellaneous. Tenant shall maintain smoke detection devices and
carbon monoxide detectors in accordance with the manufacturer’s
recommendations, including the replacement of batteries as required for the proper
operation of the smoke detection device and carbon monoxide detectors. Tenant
shall properly dispose of all rubbish, garbage, and other organic or flammable waste
in a clean and sanitary manner at reasonable and regular intervals, and Tenant shall
assume all costs of extermination and fumigation for infestation caused by Tenant.
6. IMPROVEMENTS.
6.1 Tenant-Owned Improvements. Tenant shall be responsible for all of
Tenant's improvements to the Premises. So long as this Lease remains in effect,
Tenant shall retain ownership of all authorized Tenant improvements and trade
fixtures it may place on the Premises (collectively "Tenant-Owned Improvements").
Tenant-Owned Improvements shall not include any construction, reconstruction,
alteration, or addition to the Premises by the City or any Unauthorized
Improvements as defined in Subsection 6.4 below. No Tenant-Owned
Improvements shall be placed on the Premises without the City's prior written
consent.
6.2 Construction. Prior to any construction, alteration, replacement,
removal or major repair of any improvements (whether City-Owned or Tenant-
Owned), Tenant shall submit to the City its plans that describe the proposed
activity. The City shall have fifteen (15) days in which to review the proposed plans.
The plans shall be deemed approved and the requirement for the City’s written
consent shall be treated as waived, unless the City notifies Tenant otherwise within
the fifteen (15) days. The City’s consent and approval shall not be required for any
routine maintenance or repair of improvements made by the Tenant pursuant to its
obligation to maintain the Premises in good order and repair that does not result in
the construction, alteration, replacement, removal, or major repair of any
improvements on the Premises. Any improvements shall be done in conformity
with the Uniform Building Code and City of Kent regulations. All work performed
shall be done in a workmanlike manner. The provisions of this section do not apply
to obviate any permit requirements that may apply to the proposed activity.
LEASE AGREEMENT - 5 (September 2013)
(Between City of Kent and The Way Back Inn Foundation)
6.3 Removal. Tenant-Owned Improvements shall be removed by Tenant
by the Termination Date, so long as such removal does not damage the Premises
and the Premises is restored to its original condition or better. If the Tenant-Owned
Improvements remain on the Premises after the Termination Date, they shall
become the property of the City without payment by the City. Any Tenant-Owned
Improvements remaining on the Premises at the end of the term that the City
deems need to be removed shall be removed by the City at the Tenant's expense.
6.4 Unauthorized Improvements. Improvements made on the Premises
without the City's prior consent pursuant to Subsection 6.2 or that are not in
conformance with the plans submitted to and approved by the City ("Unauthorized
Improvements") shall immediately become the property of the City, unless the City
elects otherwise. Regardless of ownership of Unauthorized Improvements, the City
may, at its option, require Tenant to sever, remove, and dispose of them. If Tenant
fails to remove an Unauthorized Improvement upon request, the City may remove
it and charge Tenant for the cost of removal and disposal.
7. ASSIGNMENT AND SUBLETTING.
7.1 City Consent Required. Tenant shall not sell, convey, mortgage,
assign, pledge, sublet, or otherwise transfer or encumber all or any part of Tenant's
interest in this Lease or the Premises without the City's prior written consent. In
the event of such consent, each permitted transferee shall assume all obligations
under this Lease. No assignment, sublet, or transfer shall release, discharge, or
otherwise affect the liability of Tenant.
7.2 Event of Assignment. If Tenant is a corporation, a dissolution of the
corporation or a transfer (by one or more transactions) of a majority of the voting
stock of Tenant shall be deemed to be an assignment of this Lease. If Tenant is a
partnership, a dissolution of the partnership or a transfer (by one or more
transactions) of the controlling interest in Tenant shall be deemed an assignment of
this Lease.
7.3 Rent Payments Following Assignment. The acceptance by the City of
consideration following an assignment or other transfer shall not constitute consent
to any assignment or transfer.
8. INDEMNITY.
8.1 The City shall not be liable for any injury to any person or for any loss
of or damage to any property (including property of Tenant or Tenant’s Residents)
occurring on or about the Premises and caused by or resulting from any act or
omission by Tenant, Resident, officer, agent, employee, guest, invitee, or visitor of
Tenant or Tenant’s Resident, and Tenant agrees and covenants to indemnify,
defend, and hold harmless the City and those persons who were, now are, or shall
LEASE AGREEMENT - 6 (September 2013)
(Between City of Kent and The Way Back Inn Foundation)
be duly elected or appointed officials or members or employees or agents of the
City, against and from any loss, damage, costs, charge, expense, liability, claim,
demand, or judgments of whatsoever kind or nature whether to persons or
property, to the extent arising on said Premises or on any areas adjoining the
Premises that is under the control or use of Tenant pursuant to this Lease and
arising out of or in connection with Tenant’s use and occupancy of the Premises,
including all legal costs and attorney fees, arising out of or in connection with this
Lease, except for that portion of injuries and damages caused solely by the City’s
negligence.
8.2 Should a court of competent jurisdiction determine that this Lease 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 Tenant and the City, its officers, officials, employees, and
volunteers, the Tenant’s liability hereunder shall be only to the extent of the
Tenant’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD
THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE TENANT’S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually
negotiated by the parties.
8.3 The provisions of this Section 8 shall survive the expiration or
termination of this Lease.
9. INSURANCE.
Tenant agrees to comply with the insurance requirements of Exhibit C at all
times during the term of this Lease.
10. MAINTENANCE AND REPAIR.
10.1 The City's Repairs. The City shall not be required to make any
alterations, maintenance, replacements, or repairs in, on, or about the Premises, or
any part of the Premises, during the term of this Lease.
10.2 Tenant's Repairs, Alteration, Maintenance, and Replacement.
(a) Tenant shall, at its sole cost and expense, keep and maintain
the Premises, including the grounds, parking lot, and all improvements in good
order and repair, in a clean, attractive, and safe condition.
(b) Tenant shall, at its sole cost and expense, make any and all
additions, repairs, alterations, maintenance, replacements, or changes to the
Premises or to any improvements on the Premises that may be required by any
public authority.
LEASE AGREEMENT - 7 (September 2013)
(Between City of Kent and The Way Back Inn Foundation)
(c) All additions, repairs, alterations, replacements or changes to
the Premises and to any improvements on the Premises shall be made in
accordance with, and ownership shall be governed by Section 6 above.
11. DAMAGE OR DESTRUCTION. In the event of any damage to or destruction
of the Premises or any improvements, Tenant shall promptly give written notice to
the City. In the event of damage or destruction that renders the Premises unfit for
Tenant’s use, Tenant may terminate this Lease upon thirty (30) days’ written notice
to the City.
12. DEFAULT AND REMEDIES.
12.1 Event of Default. Tenant shall be in default of this Lease on the
occurrence of any of the following:
(a) Failure of Tenant to make the improvements as set forth in
Exhibit B;
(b) Failure to observe or perform any of the covenants, conditions
or provisions of this Lease, where such failure shall continue for a period of thirty
(30) days after written notice from City to cure the default;
(c) Failure to comply with any law, regulation, policy, or order of
any lawful governmental authority;
(d) Failure to comply with any other provision of this Lease;
(e) If proceedings are commenced by or against Tenant under any
bankruptcy act or for the appointment of a trustee or receiver of Tenants' property.
12.2 City’s Remedies Upon Default. Upon an Event of Default, the City may
terminate this Lease with thirty (30) days’ written notice to terminate and remove
Tenant by summary proceedings or otherwise. The City may also, without
terminating this Lease, relet the Premises on any terms and conditions as the City
in its sole discretion may decide are appropriate. If the City elects to relet, rent
received by it shall be applied: (1) to the payment of any indebtedness other than
rent due from Tenant to the City; (2) to the payment of any cost of such reletting;
and 3) to the payment of the cost of any alterations and repairs to the Premises.
Any balance shall be held by the City and applied to Tenant's future rent as it
becomes due. Tenant shall be responsible for any deficiency created by the
reletting during any month and shall pay the deficiency monthly. The City's reentry
or repossession of the Premises under this subsection shall not be construed as an
election to terminate this Lease or cause a forfeiture of rents or other charges to be
paid during the balance of the Term, unless the City gives a written notice of
LEASE AGREEMENT - 8 (September 2013)
(Between City of Kent and The Way Back Inn Foundation)
termination to Tenant or termination is decreed by legal proceedings. The City may
at any time after reletting elect to terminate this Lease for the previous Event of
Default with ten (10) days’ written notice.
13. ENTRY BY THE CITY. The City shall have the right to enter the Premises at
any reasonable hour to inspect for compliance with the terms of this Lease upon
forty-eight (48) hours notice, unless an emergency exists in which event the City
may enter immediately.
14. NOTICE. Any notices required or permitted under this Lease may be
personally delivered, delivered by facsimile machine, or mailed by certified mail,
return receipt requested, to the following addresses or to such other places as the
parties may direct in writing from time to time:
The City: City of Kent Parks, Recreation and Community Services
Attn: Superintendant of Facilities
220 Fourth Avenue South
Kent, Washington 98032
Tenant: The Way Back Inn Foundation
c/o Dorothy Francis
P.O. Box 621
Renton, WA 98057-0621
A notice shall be deemed given and delivered upon personal delivery, upon receipt
of a confirmation report if delivered by facsimile machine, or three (3) days after
being mailed as set forth above, whichever is applicable.
15. MISCELLANEOUS.
15.1 Authority. Tenant and the person or persons executing this Lease on
behalf of Tenant represent that Tenant is qualified to do business in the State of
Washington, that Tenant has full right and authority to enter into this Lease, and
that each and every person signing on behalf of Tenant is authorized to do so.
15.2 Successors and Assigns. This Lease shall be binding upon and inure to
the benefit of the parties, their successors and assigns.
15.3 Headings. The headings used in this Lease are for convenience only
and in no way define, limit, or extend the scope of this Lease or the intent of any
provision.
15.4 Entire Agreement. This Lease, including the exhibits and addenda, if
any, contains the entire agreement of the parties.
LEASE AGREEMENT - 9 (September 2013)
(Between City of Kent and The Way Back Inn Foundation)
15.5 Waiver. The waiver by the City of any breach or default of any term,
covenant, or condition of this Lease shall not be deemed to be a waiver of such
term, covenant, or condition; of any subsequent breach or default of the same; or
of any other term, covenant, or condition of this Lease. The City’s acceptance of a
rental payment shall not be construed to be a waiver of any preceding or existing
breach other than the failure to pay the particular rental payment that was
accepted.
15.6 Cumulative Remedies. The rights and remedies of the City under this
Lease are cumulative and in addition to all other rights and remedies afforded to the
City by law or equity or otherwise.
15.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and
every provision of this Lease.
15.8 Language. The word "Tenant" as used in this Lease shall be applicable
to one or more persons, as the case may be. The singular shall include the plural,
and the neuter shall include the masculine and feminine. If there is more than one
Tenant, their obligations shall be joint and several. The word "persons," whenever
used, shall include individuals, firms, associations, and corporations.
15.9 Invalidity. If any provision of this Lease shall prove to be invalid, void,
or illegal, it shall in no way affect, impair, or invalidate any other provision of this
Lease.
15.10 Applicable Law and Venue. This Lease shall be interpreted and
construed in accordance with the laws of the State of Washington. Any reference to
a statute shall mean that statute as presently enacted or hereafter amended or
superseded. Venue for any action arising out of or in connection with this Lease
shall be in the Superior Court for King County, Washington.
15.11 Modification. Any modification of this Lease must be in writing and
signed by the parties. The City shall not be bound by any oral representations or
statements.
15.12 Survival of Covenants. The covenants contained herein survive the
termination or expiration of the Lease for the applicable statute of limitation
periods.
15.13 Quiet Enjoyment. The City covenants and agrees that Tenant, upon
performing the terms and conditions of the Lease, may peacefully hold and enjoy
the Premises during said term without any interruption by the City, its successors or
assigns, or any person or company lawfully claiming by or through it.
LEASE AGREEMENT - 10 (September 2013)
(Between City of Kent and The Way Back Inn Foundation)
15.14 Duplicate Originals. This Lease Agreement may be executed in
duplicate originals.
THIS AGREEMENT requires the signature of all parties and is executed as of
the date of the last signature below.
CITY OF KENT
By:______________________________
Print Name:_____Suzette Cooke______
Its:____________Mayor_____________
Date:____________________________
THE WAY BACK INN FOUNDATION
By:_____________________________
Print Name:______________________
Its:_____________________________
Date:____________________________
(Notary Acknowledgements Appear on Next Page)
LEASE AGREEMENT - 11 (September 2013)
(Between City of Kent and The Way Back Inn Foundation)
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Suzette Cooke is the person
who appeared before me, and said person acknowledged that she signed this instrument, on
oath stated that she was authorized to execute the instrument and acknowledged it as the
Mayor of the City of Kent to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:
--NNoottaarryy SSeeaall MMuusstt AAppppeeaarr WWiitthhiinn TThhiiss BBooxx--
IINN WWIITTNNEESSSS WWHHEERREEOOFF,, II hhaavvee hheerreeuunnttoo sseett mmyy hhaanndd aanndd ooffffiicciiaall sseeaall tthhee ddaayy
aanndd yyeeaarr ffiirrsstt aabboovvee wwrriitttteenn..
((SSiiggnnaattuurree))
NNOOTTAARRYY PPUUBBLLIICC,, iinn aanndd ffoorr tthhee SSttaattee
ooff WWaasshhiinnggttoonn,, rreessiiddiinngg aatt
MMyy aappppooiinnttmmeenntt eexxppiirreess
LEASE AGREEMENT - 12 (September 2013)
(Between City of Kent and The Way Back Inn Foundation)
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that
(he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the
instrument and acknowledged it as the of
to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
P:\Civil\Files\Open Files\0733-Human Services-2013\WayBackInnFoundation-Lease.2013.doc
--NNoottaarryy SSeeaall MMuusstt AAppppeeaarr WWiitthhiinn TThhiiss BBooxx--
IINN WWIITTNNEESSSS WWHHEERREEOOFF,, II hhaavvee hheerreeuunnttoo sseett mmyy hhaanndd aanndd ooffffiicciiaall sseeaall tthhee ddaayy aanndd
yyeeaarr ffiirrsstt aabboovvee wwrriitttteenn..
((SSiiggnnaattuurree))
NNOOTTAARRYY PPUUBBLLIICC,, iinn aanndd ffoorr tthhee SSttaattee
ooff WWaasshhiinnggttoonn,, rreessiiddiinngg aatt
MMyy aappppooiinnttmmeenntt eexxppiirreess
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PARCEL DATA
--�
King Count,/ Tax Links
Parcel.
._._ _........
1922059075 Jurisdiction KENT
.... ..... _. -__.—. _ ........ ..... _. ..
Property Tax Advisor
Name
iKENT CITY OF �i Levy Code `1525
Site Address
_.
9815 BE 252ND ST 98030 Property Type R
:.
Washington State
i_..._...._.._._.._.....__._........_.._..._..._____.-_t__...._.__...
"Residential Area
.._.._.___...__1;;..__.__._..........._................ _....._.._...... ._._.._.______...._._....._...__._........__.__.__.____.._.�
061-005 (SW Appralsal District) '': Plat Block/ Building Number
Department of
jl Property Name
_....._....__,
plat Lot lUnit Number
Revenue (External
Quarter -Se ctlo n-Towns h ip-Range
_egal Descrlption_.___._._
N 1/2 OF NE 1/4 OF SE 1/4 OF SE 1/4 LESS W 100 FT OF E 450 FT LESS ST
PLat Block:
Plat Lot:
LAND DATA
i Highest & Best Use As If Vacant
....- ...... ........_.......... -
' SINGLE FAMILY
"Percentage Unusable
0
Highest & Best Use As Improved
'PRESENT USE
' Unbuildable
_.. - ................... _
NO
....... _..... .._..._........._.___.._.._.._.__...._._._._........ .....
'Present Use
--__.__...___...._.....__...................................__._____..._.._.._..._---_.._...__.._...__..._._----
___.__._._.___.._...__._......_....-_-....... _.._
gle Family(Res UselZone) i
- .._....__......_......--....--
Restrictive Size Shape
_._..._...... --... ......... _..... ....._..-
NO
'Base Land Value SgFI
; 0
----..___..._.__......._._..._.._.....
Zoning
_.... _._.____........ _-_..... -
MR-M
Base Land Value
' 332,000
Water
' WATER DISTRICT
°' Base Land Value Impacted
I95 i
Sewer/Septic
' PUBLIC
i Base Land Valued Date
1/1/2008
, Road Access
; PUBLIC ;
Base Land Value Tax Year
—...._.___.._._...__._..._._.__.._._.__._......._..___..______........_.._....._____._.....___......._
; 2009
,Parking
i Land SgFI
-
' 174,125
;t..__...__....__..__..._._____......_...-..._.._._........._.._.__
ii Street Surface
............ _____._.....;
GRAVEL
Acres
4,00
Views
Waterfront
;Rainier
. Waterfront Location'
Territorial
" Waterfront Footage
�_._________._.._
1.Terri__...___.__._.__..._.._.........__.._..________._.___..._.__.__.__..__.__....._._____.__.
Olympics
..................... __.__..___....._.___
.____....__.__......__._____._._.____;
::.__—....—...._......_._.._._.__..___.........___.._...._______
i Lot Depth Factor
_ _ .. _._..._.._......._..._........._._._____
............._...._._._.._...
_ _.. ._._
;Cascades
Waterfront Bank
__.._.__..... ..... _........ ..___........ ..__.__.._..... _..._..—__._
Seattle Skyline
....... ...._...._____.._.__.._._._..._._
;—__....._.._.... __........... ........... ...... ..... _..__..._._.__._.._..__..__..___._.__._.............
i i Tide/Shore
....___.._...:
Puget Sound
s.._._._...... __._...... ....... _..... ........__._._........_......__.___...._..__-.____.
j' Waterfront Restricted Access
Lake Washington
! i Waterfront Access Rights
NO
Lake Sammamish
i' Poor Quality
._..._._..__._..._._..__._..._.__._.__._...__...._.__..___._...._..__.___._.___._.._.__............
Lake/River/Creek
........
.. _....__..._—_.
! Proximity Influence
...... ___.....___..._.._........._.__.______..____
' NO
'Other View
_...
Designations
........... .. __..._.._....-..._-
Nuisances
......... _.. ............. ....... ...... ._...
.... ._... ... _...._._- --. ._.__ _..
.-__..---.
IYES
HistoricSite
.. . ._--_..... __ :
„Topography
;.____.._.._.__.._..____............____.__.___._______._._._._.__._.._........___.._......_....__.____.
'.°Traffic Noise
_
1 Current Use
..........................._ _ .....
.._...__...____._
Airport Noise
Nbr Bldg Sites
_
_ ..... ___......._..
Power Lines
__. - ...._...... ....._ ..... __.;,
NO
Adjacent to Golf Fairway
-1 Y?
NO
a _._ ... .. .._—_.....__
Other Nuisances
.. _ ;. _ _.._...__._ _. ..._;
: NO
Adjacent to Greenbelt
NO
— _.. _....... _.... __ _. _.....
____ ------------
Problems
Other Designation
;NO
Deed Restrictions
NO
Water Problems
NO
Development Rights Purchased
NO !
,; Transportation Concurrent/
_. _. ........
NO
....... ._ .... ._ .. ._.
Easements
: NO
,;_..__.__.._..._............_
H Other Problems
NO
Native Growth Protection Easement
._ .--'-........._........ _---------- ..
'_NO _
Environmental
DNRLease...
------------ ._ .._.._ ..
_... -. .....- -. ... ....___ .
- ___._.._.. __.......... ..........._.
- -__...__._ _.. _---._....._...:
is Environmental
I�
NO
BUILDING
_ _-
Building Number 1
Yeareoil t ss9 Click the camera to see more pictures.
Year Renovated
'0
Stories
Living Units
. 1
Grade
17 Average
Grade Variant
' 0
Condition
:Average;
link)
• Washington State
Board of Tax Appeals
(External link)
Board of
Appeals/Equalization
Districts Report
• iN1ap
Recorders Office
Scanned images of
surveys and other
map documents
http://info.kingeoLinty.gov/Assessor/eRealProperty/Detail.aspx?ParceINbr=l922059075 8/14/2013
EXHIBIT B
TENANT IMPROVEMENTS
WAY BACK INN
9815 South 252nd Street
General/Routine Maintenance to be performed on an on-going basis
Ensure that routine cleaning and custodial work is completed within
the interior of the building
Paint interior walls and ceilings
Maintain smoke detectors per Kent City Code
Remove tree limbs
Provide and spread bark mulch around all landscaping
Clean gutters and downspouts
Clean roof
General clean up of yard and out-building
Quarterly review of plumbing, electrical, structural, fire extinguishers
Professionally clean inside of house
Capital Improvements to be completed during the term of the lease
Clean and paint fascia – entire building (2014)
Repair floor in laundry area
Terminate unused wiring and put covers on open electrical boxes in
garage (2013)
Add GFI outlet in back patio area (2013)
Kitchen lights need to have shades installed
Have a metal cap made for the chimney and secure loose bricks
(2014)
Prune apple tree when time is appropriate
Rental Agreement Exhibit B
Way Back Inn August 2013
EXHIBIT C INSURANCE REQUIREMENTS FOR STANDARD LEASE
Insurance
The Lessee 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 Lessee’s operation and use of City
of Kent facilities.
A. Minimum Scope of Insurance
Lessee shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on
Insurance Services Office (ISO) occurrence form CG 00 01
and shall cover premises and contractual liability. The City
shall be named as an insured on Lessee’s Commercial
General Liability insurance policy using ISO Additional
Insured-Managers or Lessors of Premises Form CG 20 11 or
a substitute endorsement providing equivalent coverage.
B. Minimum Amounts of Insurance
Lessee shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written
with limits no less than $2,000,000 each occurrence,
$2,000,000 general aggregate.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Commercial General Liability insurance
1. The Lessee’s insurance coverage shall be primary insurance
with respect to the City. Any Insurance or self-insurance
coverage maintained by the City shall be excess of the
Lessee’s insurance and shall not contribute with it.
2. The Lessee’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.
EXHIBIT C (Continued)
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
Lessee 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 Lessee. The City shall be named as an Additional Insured on the
Amendatory Endorsement provided by the Insurer.
F. Waiver of Subrogation
Lessee and City hereby release and discharge each other from all claims,
losses and liabilities arising from or caused by any hazard covered by
property insurance on or in connection with the premises or said building.
This release shall apply only to the extent that such claim, loss or liability is
covered by insurance.
G. City’s Property Insurance
City shall purchase and maintain during the term of the lease, all-risk
property insurance covering City of Kent property.
Agenda Item: Consent Calendar – 7D
TO: City Council
DATE: September 3, 2013
SUBJECT: Ordinance Amending Kent City Code 9.02 “Criminal Code,”
Establishing a new crime called “Menacing” – Adopt
SUMMARY: Washington case law regarding the crime of stalking (RCW 9A.46.110)
limits the charging of that crime to instances where a perpetrator’s actions place
another in reasonable fear of harm, and the perpetrator’s conduct is “repeated,” that
is, it occurs on two or more separate occasions (RCW 9A.46.110(6)(e)).
The city of Kent prosecutor has encountered facts where a perpetrator’s actions fall
short of the crime of stalking only because his or her behavior is continuous and not
divided into two or more separate occasions as is required by that statute. In these
instances, the perpetrator’s actions are no less threatening to the victim, yet there is
no offense with which to charge the perpetrator.
This ordinance will make stalking-like behavior unlawful when it is intended by the
perpetrator to place the victim(s) in reasonable fear of harm when the perpetrator
engages in the activity over the course of one continuous event. Violation of this
section will be punishable as a simple misdemeanor, which carries a maximum penalty
of 90 days in jail and a $1000 fine.
EXHIBITS: Ordinance
RECOMMENDED BY: Public Safety Committee
BUDGET IMPACTS: None
MOTION: Move to adopt Ordinance No. _____, amending Chapter 9.02 of
the Kent City Code, entitled “Criminal Code,” by adding a new Section 9.02.295
entitled “Menacing,” that establishes the crime of menacing.
LAW DEPARTMENT
Arthur “Pat” Fitzpatrick, Acting City Attorney
Phone: 253-856-5770
Fax: 253-856-6770
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
Memorandum
DATE: August 28, 2013
TO: Kent City Council
THROUGH: Tami Perdue, Chief Prosecuting Attorney
Pat Fitzpatrick, Acting City Attorney
FROM: Julie Stormes, Prosecuting Attorney
RE: Menacing, proposed KCC 9.02.295
The city of Kent Law Department, Criminal Division has proposed amending the
Kent City Code (KCC), by adding a crime entitled Menacing. Below is background
regarding the basis for this proposal.
In Seattle v. Meah,1 the Washington Court of Appeals noted stalking, “requires two
separate acts of harassment or following, ‘and no minimum amount of time must
elapse between the occurrences, provided they are somehow separable.’” The court
reversed defendant Meah’s conviction for stalking as he deliberately maintained
both physical proximity and visual contact with the victim throughout the
encounter, and thus, no reasonable jury could find that the defendant's conduct
constituted more than a single, continuous episode of following.
In 2012, Kent prosecutors were faced with a case similar to Meah. The facts were
as follows:
A defendant continuously followed two women, at times ducking
behind cars, garbage bins, etc. in apparent effort to conceal himself
while following and maintaining his visual observation of them. He did
not speak to them or otherwise try to gain their attention. His actions
understandably frightened the women, and, once home, they called
911. The defendant was subsequently found hiding near their
apartment. Mindful of the Meah decision, the prosecutor was not able
1 165 Wash. App. 453 (2011).
Memorandum:
August 28, 2013
Page: 2
to charge stalking, given the continuous nature of the defendant’s
actions. He was charged, instead, with 2 counts of attempted stalking.
Although attempted stalking worked in the above instance, it will not work for all
cases. Given the ruling in Meah, and the issues presented in the Kent case
described above, the Law Department drafted an ordinance to fill the perceived gap
left by the statute and the case law regarding stalking.
Other jurisdictions in Western Washington have criminal codes entitled
“menacing,”2 but the language of those codes was not used as a template for the
proposed KCC because they were not a good fit for Kent. The Des Moines and
Federal Way codes were too broad, and the Seattle code was too specific to address
the activity of concern.3 Research of other state’s laws for guidance found New York
and Oregon had laws against menacing with language that better addressed the
concerns raised by the Meah decision and the Kent case described above.4
The proposed KCC, if adopted, will address the type of threatening activity at issue
in Meah and the above-described Kent case. Examples of other situations where it
may apply are crimes of domestic violence, where a suspect’s course of conduct or
treatment of an alleged victim does not rise to a level of stalking, harassment, or
assault, but is nevertheless threatening, or “road rage” incidents where one driver
follows another in an obviously threatening or intimidating manner based upon a
real or perceived traffic slight, even though there is no direct communication.
2 A review the city codes of 15 Washington cities found 3 – Des Moines, Federal Way, and Seattle –
have a menacing crime in their criminal codes.
3 The text of the Des Moines, Federal Way, and Seattle criminal codes care is attached as Ex. 1.
4 The text of the New York and Oregon laws is attached as Ex. 2.
EX. 1
Des Moines Municipal Code - §9.68.020 Menacing
(1) It is unlawful for a person to knowingly cause or attempt to cause
another person to believe that he or she or a member of his or her family
will be the victim of serious physical injury or death.
(2) A violation of or failure to comply with this section is a misdemeanor.
[Ord. 1036 § 73, 1993.]
* * * * *
Federal Way Municipal Code - §6.35.020
A person is guilty of menacing when he or she knowingly causes or attempts
to cause another person to believe that he or she or any member of his or
her family will be the victim of serious physical injury or death. Menacing is a
gross misdemeanor.
(Ord. No. 91-89, § 1(9.26.020), 3-5-91. Code 2001 § 6-187.)
* * * * *
Seattle Municipal Code - §12A.06.030 - Menacing
A. A person is guilty of menacing when by a present threat to another
person subsequent to a history of threats or violence between himself or
herself and such other person, he or she intentionally causes or attempts to
cause such other person reasonably to fear serious bodily injury or death.
B. As used in this section, "threat" means to communicate, directly or
indirectly, the intent to cause bodily injury in the future to another.
C. As used in this section, "history of threats or violence" means one (1) or
more of the following:
1. Two (2) or more threats; or
2. One (1) or more assaults as defined in Section 12A.06.010
( Ord. 119010 § 1, 1998; Ord. 116872 § 8, 1993; Ord. 112333 § 1, 1985;
Ord. 109564 § 1, 1980; Ord. 108567 § 1, 1979; Ord. 102843 § 12A.04.050,
1973.)
EX. 2
(Oregon) ORS 163.190 – Menacing
(1) A person commits the crime of menacing if by word or conduct the
person intentionally attempts to place another person in fear of imminent
serious physical injury.
(2) Menacing is a Class A misdemeanor. [1971 c.743 §95]
* * * * *
(New York) § 120.14 - Menacing in the second degree.
A person is guilty of menacing in the second degree when:
1. He or she intentionally places or attempts to place another person in
reasonable fear of physical injury, serious physical injury or death by
displaying a deadly weapon, dangerous instrument or what appears to be a
pistol, revolver, rifle, shotgun, machine gun or other firearm; or
2. He or she repeatedly follows a person or engages in a course of
conduct or repeatedly commits acts over a period of time intentionally
placing or attempting to place another person in reasonable fear of
physical injury, serious physical injury or death; or
3. He or she commits the crime of menacing in the third degree in
violation of that part of a duly served order of protection, or such order
which the defendant has actual knowledge of because he or she was
present in court when such order was issued, pursuant to article eight of
the family court act, section 530.12 of the criminal procedure law, or an
order of protection issued by a court of competent jurisdiction in another
state, territorial or tribal jurisdiction, which directed the respondent or
defendant to stay away from the person or persons on whose behalf the
order was issued.
Menacing in the second degree is a class A misdemeanor.
§ 120.15 Menacing in the third degree.
A person is guilty of menacing in the third degree when, by physical
menace, he or she intentionally places or attempts to place another
person in fear of death, imminent serious physical injury or physical
injury.
Menacing in the third degree is a class B misdemeanor.
1 Amend KCC 9.02
Ordinance
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, adding a new Section
9.02.295 to the Kent City Code, entitled
“Menacing”.
RECITALS
A. Washington case law regarding the crime of stalking (RCW
9A.46.110) limits the charging of that crime to instances where a
perpetrator’s actions place another in reasonable fear of harm, and the
perpetrator’s conduct is “repeated” that is, it occurs on two or more
separate occasions (RCW 9A.46.110(6)(e)).
B. The city of Kent prosecutor has encountered facts where a
perpetrator’s actions fall short of the crime of stalking only because his or
her behavior is continuous and not divided into two or more separate
occasions as is required by that statute, but are no less threatening to the
alleged victim(s).
C. This ordinance will make stalking-like behavior unlawful when
it is intended by the perpetrator to place the victim(s) in reasonable fear of
harm when the perpetrator engages in the activity over the course of one
continuous event.
2 Amend KCC 9.02
Ordinance
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – New Section. Section 9.02.295, “Menacing,” is
added to Chapter 9.02 to read as follows:
Sec. 9.02.295. A person is guilty of the crime of menacing when
he or she intentionally follows or surveils another person and/or engages
in a course of conduct that is intended to place a person in reasonable fear
of bodily injury as that phrase is defined in RCW 9A.04.110.
“Follows”, as used in this section, means deliberately maintaining
visual observation and/or physical proximity of a specific person or persons
over a continuous period of time.
Violation of this section is a misdemeanor, the maximum penalty of
which is ninety (90) days in jail and a one-thousand dollar ($1,000.00)
fine.
SECTION 2. – Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
3 Amend KCC 9.02
Ordinance
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4. – Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, ACTING CITY ATTORNEY
PASSED: day of , 2013.
APPROVED: day of , 2013.
PUBLISHED: day of , 2013.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civil\Ordinance\Menacing 9.02.Docx
Agenda Item: Consent Calendar – 7E
TO: City Council
DATE: September 3, 2013
SUBJECT: SE 256th Street Public Right-of-Way Dedication – Authorize
SUMMARY: As part of the SE 256th street road improvement project, the City
purchased strips of property from adjacent property owners to accommodate the
widened roadway and for the placement of Puget Sound Energy (PSE) facilities
required for the underground conversion of the overhead power lines.
These properties were originally purchased as City property but now need to be
dedicated as public right-of-way as they will be within the new roadway section. Also,
the franchise agreement between the City and PSE requires that the City property
used for the placement of PSE facilities needs to be dedicated public right-of-way.
EXHIBITS: Legal Description and vicinity map
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: None. There are no budget impacts associated with converting
the property to public right-of-way. The initial property purchase was part of the
project costs.
MOTION: Authorize the Mayor to sign the Municipal Quit Claim Deed
dedicating city-owned property as City Right-of-Way for the SE 256th Street project,
subject to final terms and conditions acceptable to the City Attorney and Public
Works Director.
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WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: " Engineering/Property Services
Grantor: City of Kent
Grantee: City of Kent
Abbreviated Legal Description: PTNS NW 1/4 29-22-SE; SE 1/4 20-22-SE
Additional Legal Description on Exhibit A of Document.
Assessor's Tax Parcel ID No. portions of 202205-9146; 292205-9155;
292205-9117; 202205-9116; 292205-9214; 202205-9074; , 292205-9247;
292205-9004; 292205-9116; 292205-9046; 202205-9222; 202205-9220;
MUNICIPAL
QUIT CLAIM DEED
The City of Kent, a Washington municipal corporation ("Grantor"), for and in
consideration of mutual benefits derived and other valuable consideration, receipt
of which is hereby acknowledged by Grantor, conveys and quit claims to the City
of Kent, a Washington municipal corporation ("Grantee"), for right-of-way
purposes, all its interest, including any after acquired title, in the following
described real property situated in King County, Washington:
SEE EXHIBIT "A - K" ATTACHED
GRANTOR:
By: Suzette Cooke
Its: Mayor
Date:
Municipal Quit Claim Deed
Page 1
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed
this instrument, on oath stated that she was authorized to .execute the instrument
and acknowledged it as the Mayor of the City of Kent to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box -
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
APPROVED AS TO FORM:
Name:
Kent City Attorney
P:\Civil\Forms\Quit Claim Deed -ROW Dedication.Kent to Kent .doc
Municipal Quit Claim Deed
Page 2
Exhibit A
Tax Lot 2922059155
PNWTC #684721
The north 10.00 feet of the east 10.00 feet of that portion of the northeast quarter
of the northwest quarter of Section 29, Township 22 North, Range 5 East, W.M., in
King County, Washington, described as follows:
BEGINNING at a point 615.22 feet west and 30.00 feet south of the northeast
corner of said northwest quarter, being a point on the south margin of Southeast
256`h Street, formerly known as Kent -Black Diamond Middle Road, as conveyed to
King County by deed recorded under Recording Number 2769671; thence east
232.72 feet, along said south margin, to a point on the west margin of an alley
conveyed to the City of Kent by deeds recorded under Recording Numbers
6252366, 6252367 and 6252368; thence south, along said alley, to the Kent-
Kangley Highway, SSH 5A (County Road No. 1306, formerly known as Kent -Black
Diamond South Road) as established by Volume 27 of the King County
Commissioner's Record, page 282; thence northwesterly, along said highway, to a
point lying south of the POINT OF BEGINNING; thence north to the POINT OF
BEGINNING.
Exhibi, 5
Tax Lot 2922059117
PNWTC #684719
The north 10.00 feet of the east 10.00 feet of Lot B, City of Kent Lot Line
Adjustment No. LL-2004-3, recorded under Recording Number 20040405001964,
said lot line adjustment being a portion of the northeast quarter of the northwest
quarter of Section 29, Township 22 North, Range 5 East, W.M., in King County,
Washington.
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Exhibit L
Tax Lot 2022059116
PNWTC #684706
That portion of the following described Parcel A lying southerly of the north line of
the south 40.00 feet of the southwest quarter of the southeast quarter of the
southeast quarter of Section 20, Township 22 North, Range 5 East, W.M., in King
County, Washington;
Parcel A
The east 30.00 feet of the east 122.00 feet of the west 320.00 feet of the south
340.00 feet of the southwest quarter of southeast quarter of the southeast quarter
of Section 20, Township 22 North, Range 5 East, W.M. in King County Washington;
Except the north 160.00 feet;
And except that portion of a 60.00 foot strip conveyed to King County by'deed
recorded under Recording Number 2675555.
Exhibit p
Tax Lot 2922059214
PNWTC #684714
The north 10.00 feet of the following described Parcel A;
Parcel A
The west 80.00 feet of the east 270.00 feet of the north 162.00 feet of the
northwest quarter of the northeast quarter of the northeast quarter of Section 29,
Township 22 North, Range 5 East, W.M., records of King County Washington;
Except the north 30.00 feet thereof heretofore conveyed to King County,
Washington for road purposes by deed recorded under King County Recording
Number 2676738.
Exhibit_ E
Tax Lot 2022059074
PNWTC #684703
That portion of the south 42.00 feet of the west half of the west half of the east half
of the southwest quarter of the southeast quarter of Section 20, Township 22
North, Range 5 East, W.M., in King County, Washington, lying northerly of that
certain tract of land conveyed to King County for road by deed recorded under
Recording Number 2680902.
Exhibit F
Tax Lots 2922059001, 2922059247, 2922059004 and 2922059116
PNWTC #684713
The south 10.00 feet of the north 40.00 feet of the northeast quarter of Section 29,
Township 22 North, Range 5 East, W.M., in King County, Washington, lying within the
following described Parcel A;
Parcel A
That portion of the northeast quarter of Section 29, Township 22 North, Range 5 East,
W.M., in King County, Washington, described as follows;
BEGINNING at the Intersection of the northerly margin of Secondary State Highway Number
5-A, Kent-Kangley Road, with the east line of the northwest quarter of the northeast quarter
of said Section 29; thence N62019'11"W, along said northerly margin, 113.41 feet to the
southeast corner of a tract of land conveyed to Ronald S. Jones and Madeline Jones, his
wife, by deed recorded under Recording Number 5032080; thence N00027'28"W 219.52
feet to the northeast corner of said Jones tract; thence S89032'32"W 130.00 feet to the
northwest corner of said Jones tract; thence S00027'28"E 150.00 feet to the northerly
margin of said Secondary State Highway Number 5-A; thence N62019'11"W, along said
northerly margin, to the east line of the west 10 acres of that portion of the east three
quarters of the northwest quarter of the northeast quarter of said Section 29, lying
northerly of said Secondary State Highway Number 5-A; thence N00059'54"W, along said
east line, 1020.52 feet to the south line of the north 30.00 feet of said northeast quarter of
said Section 29; thence S88034'46"E, along said south line, 892.36 feet to the west line off
the east 290.00 feet of the northwest quarter of the northeast quarter of the northeast
quarter of said Section 29; thence S00005'57"E, along said west line, 132.05 feet to the
south line of the north 162.00 feet of the northeast quarter of said Section 29; thence
S88034'46"E, along said south line, 100.03 feet to the east line of the west 100.00 feet of
the east 290.00 feet of the northwest quarter of the northeast quarter of the northeast
quarter.of said Section 29; thence N00005'57"W, along said east line, 132.05 feet to the
south line of the north 30.00 feet of the northeast quarter of said Section 29; thence
S88034'46"E, along said south line, 190.07 feet to the east line of the northwest quarter of
the northeast quarter of the northeast quarter of said Section 29, being a point
N88034'46"W 660.04 feet from the northeast corner of the northeast quarter of said Section
29, as established by decree in settlement of boundary line in Superior Court Cause Number
708596; thence S00005'57"E, along said east line, 565.20 feet to the south line of the north
4 acres of that portion of the northwest quarter of the northeast quarter of the northeast
quarter of said Section 29, lying south of a line running west from a point 330 feet south
and 660 feet west from the northeast corner of said Section 29; thence N88034'46"W, along
the south line of said north 4 acres, to the west line of the northeast quarter of the
northeast quarter of said Section 29; thence S00027'28"E, along said west line, 712.21 feet
to the POINT OF BEGINNING.
EXCEPT that portion conveyed to Herman Thun by deed recorded July 22, 1953 under
Recording Number 4364833;
EXCEPT those portions of the above described property lying southwesterly of a line drawn
parallel with and 50.00 feet northerly from the centerline of said Secondary State Highway
Number 5-A;
AND EXCEPT those portions conveyed to King County for road purposes by deeds recorded'
under Recording Numbers 2676738 and 2675538;
AND EXCEPT that portion described as follows:
BEGINNING at the intersection of the east line of said west 10 acres with the northerly line
of said Secondary State Highway Number 5-A; thence northerly, along said east line,
180.00 feet; thence easterly, parallel with the north line of said subdivision, 162.00 feet;
thence southerly, parallel with the east line of said west 10 acres, to the northerly line of
said Secondary State Highway Number 5-A; thence northwesterly to the POINT OF
BEGINNING.
AND EXCEPT that portion deeded to the City of Kent by deed recorded September 29, 1986
under King County Recording Number 8609290268.
Together with the north 10.00 feet of the following described Parcel B:
Parcel B
That portion of the northeast quarter of the northeast quarter of Section 29, Township 22
North, Range 5 East, W.M., in King County, Washington, described as follows:
BEGINNING on the west line of the east 290.00 feet of the northwest quarter of the
northeast quarter of the northeast quarter and the south line of the north 30.00 feet of the.
northeast quarter; thence S0000557"E, along said west line, 132.05 feet to the south line
of the north 162.00 feet of the northeast quarter of said Section 29; thence S88034'46"E,
along said south line, 20.03 feet; thence N00005'57"W, along said east line, 132.05 feet to
the south line of the north 30.00 feet of the northeast quarter of said Section 29; thence
S88034'46"W, along said south line, to the POINT OF BEGINNING.
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Exhibit G
Tax Lot 2022059146
PNWTC #684704
The east 10.00 feet of the following described Parcel A lying southerly of the north
line of the south 40.00 feet of the southwest quarter of the southeast quarter of the
southeast quarter of Section 20, Township 22 North, Range 5 East, W.M., in King
County, Washington;
Parcel A
the west 60.00 feet of the south 120.00 feet of that portion of the southwest
quarter of southeast quarter of the southeast quarter of Section 20, Township 22
North, Range 5 East, W.M. in King County Washington, lying northerly of the Kent
Black Diamond Middle Road, now known as Southeast 256th Street, as conveyed to
King County by deed recorded under Recording Number 2675553.
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Exhibit H
Tax Lot 2922059046
PNWTC #684715
The north 10,00 feet of that portion of the west 10 acres of that portion of the east
three fourths (3/4) of the northwest quarter of the northeast quarter of Section 29,
Township 22 North, Range 5 East, W.M., in King County, Washington, lying north of
the Kent-Kangley Road, described as follows:
Commencing at the north quarter corner of said Section 29; thence S87054'39"E,
along the north line of said Section 29, a distance of 330.03 feet to the northwest
corner of said west 10 acres; thence S00019'13"E, along the west line of said west
10 acres, a distance of 30.03 feet to the south right of way line of Southeast 2561"
Street and the northeast corner of East Hill Gardens, according to the plat thereof,
recorded in Volume 51 of Plats, page 77, In King County, Washington, and the
TRUE POINT OF BEGINNING; thence continuing S00019'13"E, along said west line
and the east line of said plat, a distance of 436.26 feet to the northwest corner of
the west 2 acres of the south 5 acres of said west 10 acres; thence S87054'39"E,
along the north line of the south 5 acres of said west 10 acres, a distance of 189.81
feet to a fence line that was existing on April 5, 1968; thence S00°00'40"E, along
said fence line,_a distance of 442.82 feet to the northeasterly right of way line of
the Kent-Kangley Road, thence S61°38'40"E, along said right o- way fine, -a
-
distance of 318.96 feet to the east line of the west 10 acres; thence N00019'13"W,
along said east line, a distance of 1020.46 feet to said south right of way line of
Southeast 256`h Street; thence N87054'39"W, along said right of way, a distance of
467.51 *feet to the TRUE POINT OF BEGINNING;
EXCEPT all that part of the above described tract lying southwesterly of a line
drawn parallel with and being 50 feet northeasterly, when measured at right angles
from the centerline survey of SR-516, SR-515 to 132"d Avenue Southeast, as
conveyed to the City of Kent by deeded recorded under Recording Number
8107240219. _ -
Exhibit .�
Tax Lot 2022059222
PNWTC .#684701
The south 10.00 feet of the following described parcel:
That portion of the southeast quarter of the southwest quarter of Section 20,
Township 22 North, Range 5 East, W.M., in King County, Washington, described as
follows:
Beginning at a point on the south line of said Section 20, which point lies 700.33
feet east of the southwest corner of said subdivision; thence N02014'47"E 30.00
feet to the northerly boundary of Southeast 256 h Street; thence N88038'00"W
80.00 feet to the TRUE POINT OF BEGINNING; thence N02014'47"E 215.00 feet;
thence N88038'00"W 119.86 feet, more or less, to the east line of the west 15
acres of the southeast quarter of the southwest quarter of said Section 20; thence
S02014'39"W, along said east line, 215.00 feet to the north line of Southeast 256tn
Street; thence S88038'00"E, along said north line, to the TRUE POINT OF
BEGINNING.
Except the north 4.00 feet of the west 5.00 feet of the east 33.50 feet of said south
10.00 feet.
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Exhibit Y
Tax Lot 2022059220
PNWTC #684702
The south 10.00 feet following described parcel:
A portion of the southeast quarter of the southwest quarter of Section 20, Township
22 North, Range 5 East, W.M., in King County, Washington, described as follows:
Commencing at a point on the south line of said Section 20, which point lies 700.33
feet east of the southwest corner of said subdivision; thence N02114'47"E 30.00
feet to the TRUE POINT OF BEGINNING; thence continuing N02014'47"E 150.00
feet; thence N88038'00"W 80.00 feet; thence S02014'47"W 150.00 feet; thence
S88038'00"E 80.00 feet to the TRUE POINT OF BEGINNING.
Except any portion of said south 10.00 feet previously conveyed to King County for
Southeast 2561h Street by deed recorded under Recording Number 6042501.
Exhibit K
Tax Lot 2922059001
PNWTC #684713
The north 10.00 feet of the following described Parcel A;
Parcel A
That portion of the northeast quarter of the northeast quarter of Section 29,
Township 22 North, Range 5 East, W.M., in King County, Washington, described as
follows;
BEGINNING on the west line of the east 290.00 feet of the northwest quarter of the
northeast quarter of the northeast quarter and the south line of the north 30.00
feet of the northeast quarter; thence S00005'S7"E, along said west line, 132.05 feet
to the south line of the north 162.00 feet of the northeast quarter of said Section
29; thence S88°34'46"E, along said south line, 20.03 feet; thence N00005'57"W,
along said east line, 132.05 feet to the south line of the north 30.00 feet of the
northeast quarter of said Section 29; thence S88034'46"W, along said south line, to
the POINT OF BEGINNING.
Im
Agenda Item: Consent Calendar – 7F
TO: City Council
DATE: September 3, 2013
SUBJECT: South County Area Transportation Board (SCATBd)
Agreement – Authorize
SUMMARY: The South County Area Transportation Board (SCATBd) is a policy
development and planning board comprised of local elected officials. Membership
encompasses 16 cities, three transit agencies, the Port of Seattle, nine legislative
districts. It includes the largest freight, manufacturing, industrial and distribution
center in the Pacific Northwest. It discusses transportation issues of local and regional
importance.
This SCATBd agreement is effective January 1, 2014-December 31, 2015 and will be
automatically extended on the same terms for two more years, January 1, 2016
through December 31, 2017.
The purpose of this Agreement is to recognize SCATBd as the transportation board for
the south King County area to share information, build consensus, and provide advice
on plans, programs, policies and priorities for countywide, regional, state and federal
transportation decisions.
This agreement is different than previous agreements in the following ways:
• Signatories to the agreement no longer include agencies or organizations outside of
King County.
• A separate “Procedures” document adopted by SCATBd identifies who may
participate as a limited voting member or a non-voting member.
• The language of the document has been simplified and updated.
• The agreement is for a two-year period with an automatic two-year extension.
EXHIBITS: South County Area Transportation Board Agreement
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: $100 per year membership dues.
MOTION: Authorize the Mayor to sign the South County Area Transportation
Board agreement for the period January 1, 2014 through December 31, 2015, with
an automatic renewal through December 31, 2017.
1
South County Area Transportation Board Agreement
Parties to Agreement
City of Algona
City of Auburn
City of Black Diamond
City of Burien
City of Covington
City of Des Moines
City of Enumclaw
City of Federal Way
City of Kent
City of Maple Valley
City of Milton
City of Normandy Park
City of Pacific
City of Renton
City of SeaTac
City of Tukwila
Muckleshoot Indian Tribe
King County
Transmitted to parties for approval and signature on____________.
THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called
“Algona”; the CITY OF AUBURN, hereafter called “Auburn”; the CITY OF BLACK DIAMOND,
hereafter called “Black Diamond”; the CITY OF BURIEN, hereafter called “Burien”; the CITY OF
COVINGTON, hereafter called “Covington”; the CITY OF DES MOINES, hereafter called “Des
Moines”; the CITY OF ENUMCLAW, hereafter called “Enumclaw”; the CITY OF FEDERAL WAY,
hereafter called “Federal Way”; the CITY OF KENT, hereafter called “Kent”; the CITY OF MAPLE
VALLEY, hereafter called “Maple Valley”; the CITY OF MILTON, hereafter called “Milton”; the
CITY OF NORMANDY PARK, hereafter called “Normandy Park”; the CITY OF PACIFIC, hereafter
called “Pacific”; the CITY OF RENTON, hereafter called “Renton”; the CITY OF SEATAC, hereafter
called “SeaTac”; the CITY OF TUKWILA, hereafter called “Tukwila”; the MUCKLESHOOT INDIAN
TRIBE; and KING COUNTY, a legal subdivision of the State of Washington, hereafter called “King
County” as members of the South County Area Transportation Board.
WHEREAS, the parties to this agreement recognize that multi-jurisdictional transportation planning and
coordinated transportation plans benefit their citizens; and
WHEREAS, the South County Area Transportation Board has served as the central forum for
information sharing, consensus building, and coordination to develop recommendations for
transportation policies, projects and programs for the south King County area;
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree
as follows:
1.0 Purpose of this Agreement
2
The purpose of this Agreement is to recognize the South County Area Transportation Board as the
transportation board for the south King County area to share information, build consensus, and provide
advice on plans, programs, policies and priorities for countywide, regional, state and federal
transportation decisions.
2.0 Members and Voting
Members shall have full voting rights, limited voting rights or shall be non-voting members, as follows:
2.1 Members with Full Voting Rights: Only jurisdictions which are signatories to this agreement
shall have full voting rights on all of the following issues before the South County Area Transportation
Board, unless otherwise noted, including:
1. Administrative issues, such additional members and use of dues
2. Recommendations to Sound Transit on policies and capital and service plans and
implementation.
3. Recommendations to King County on Metro Transit planning, development and implementation
of products and services.
4. Identification of projects for the regional competition, if prescribed by the process approved by
the King County caucus of the Transportation Policy Board.
5. Recommendations to WSDOT on policies, programs and projects.
6. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation
2040 updates and regional funding policies, strategies or programs.
7. Input to the State Legislature and committees and commissions established by the Legislature on
transportation policy, budget and priorities and legislative proposals and studies.
8. Recommendations to the federal delegation on federal legislation including reauthorization and
funding priorities and other transportation-related programs.
2.2 Members with Limited Voting Rights: The South County Area Transportation Board may add
members with limited voting rights on the issues such as those listed below by unanimous vote of the
parties to this agreement in attendance at a regular meeting.
1. Recommendations to WSDOT on policies, programs and projects.
2. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation
2040 updates and regional funding policies, strategies or programs.
3. Input to the State Legislature and committees and commissions established by the Legislature on
transportation policy, budget and priorities and legislative proposals and studies.
4. Recommendations to the federal delegation on federal legislation including reauthorization and
funding priorities and other transportation-related programs.
2.2(a) Such members and voting rights, if any, shall be listed in operating procedures to be adopted by
the South County Area Transportation Board.
2.3 Non-Voting Members: The South County Area Transportation Board may add non-voting
members by unanimous vote of the parties to this agreement in attendance at a regular meeting. The
South County Area Transportation Board may remove non-voting members by a unanimous vote of the
parties to the agreement at a regular meeting.
2.3(a) Such members shall be included in operating procedures to be adopted by the South County Area
Transportation Board.
3.0 Representation and Conduct
3
3.1 Representation of city and county members shall be as follows:
Full Voting Members Number of Representatives
City of Algona 1
City of Auburn 1
City of Black Diamond 1
City of Burien 1
City of Covington 1
City of Des Moines 1
City of Enumclaw 1
City of Federal Way 1
City of Kent 1
City of Maple Valley 1
City of Milton 1
City of Normandy Park 1
City of Pacific
City of Renton 1
City of SeaTac 1
City of Tukwila 1
Muckleshoot Indian Tribe 1
King County 3
3.2 Elected officials shall be appointed to the South County Area Transportation Board by their
cities and counties for a one-year term. King County representation shall be a maximum of two
Councilmembers and the King County Executive.
3.3 Each city or county participating member may appoint an alternate for a one-year term.
Designated alternates may vote in place of designated voting representatives in the absence of the
designated representative.
4.0 Operating Procedures
4.1 The South County Area Transportation Board shall adopt operating procedures to specify limited
voting members and non-voting members, if any, dues for limited and non-voting members, if any, and
operational issues such as election of officers, formation of subcommittees and rules of order. A chair
and vice-chair shall be elected per the operating procedures and shall be responsible for setting meeting
agenda, running meetings and any other activities identified in the operating procedures.
5.0 Lead Agency
5.1 King County will be the Lead Agency for receipt and disbursement of funds collected through
annual dues, and general administrative and program support for the South County Area Transportation
Board. King County assumes wage and benefit costs of its staff performing Lead Agency
responsibilities to the extent that King County appropriates such funds. The Lead Agency, in its sole
discretion, shall determine the level of staffing available based upon funding.
5.2 Lead Agency responsibilities may be limited to: maintaining the South County Area
Transportation Board membership rosters and distribution lists; arranging for Board meetings, including
scheduling, agendas and rooms; collecting, administering and disbursing Board dues; providing Board
meeting support to the chair and vice chair; attending Board meetings; and preparing Board meeting
summaries.
4
6.0 Financing and Cost Sharing Guidelines
6.1 Yearly Dues: The South County Area Transportation Board members shall pay a minimum of
$100 per full voting representatives in annual dues to remain members in good standing. The Lead
Agency will bill annually at the end of each year, and dues are to be paid within ninety days after receipt
of the invoice. Members not in good standing shall lose voting rights until the required dues are paid.
Additional dues above $100, and any dues required by limited or non-voting members, will be
determined by the South County Area Transportation Board as prescribed in the operating procedures.
Revenue from dues shall be used for special events, public education, or other expenses authorized by
the South County Area Transportation Board. The designated Lead Agency shall not be required to pay
yearly dues.
6.2 Annual Review of Financing: The South County Area Transportation Board shall determine by
June 30 of each year whether additional annual dues above $100 per voting representatives will be
required of the South County Area Transportation Board member jurisdictions for the following year.
6.3 Additional financial contributions: If additional financial contributions beyond an increase in
dues are determined to be necessary, costs shall be shared among all voting members, with an option for
King County to recuse itself from further financial obligations. Recused members may not vote on
determining the additional financial contribution or uses for the additional funds.
6.4 Modification to Agreement Required: If additional funds are determined to be necessary, a
modification to this agreement specifying cost-sharing, purpose, scope of work, administration,
collection and disbursement of funds and other details is required in order to obligate a member
jurisdiction to funding participation.
7.0 Withdrawal of a Party from this Agreement
Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from
participation in this Agreement by providing written notice, sent certified mail, return receipt required,
to the chair of the South County Area Transportation Board at least thirty (30) days in advance of the
effective date of the withdrawal. A withdrawing party shall not be entitled to a refund of any payments
to the South County Area Transportation Board and shall pay any dues required to be paid under this
Agreement for costs which had been obligated prior to the effective date of the withdrawal. All
obligations other than dues cease upon withdrawal.
Each party’s funding to perform its obligations under the Agreement, beyond the current appropriation
year, is conditional upon appropriation by the party’s governing body of sufficient funds. Should such
an appropriation not be approved for a future year, a party may exercise its right to withdraw from the
Agreement.
8.0 Duration
This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and
executed by the authorized representatives of all parties. This Agreement shall remain in effect until
December 31, 2015, provided that unless terminated earlier in accordance with Section 9.0, this
Agreement shall be automatically extended upon the same terms or conditions for another term
commencing January 1, 2016 and ending no later than December 31, 2017.
9.0 Termination
5
All parties to this Agreement must agree to terminate this Agreement in order for such termination to be
effective. If all parties desire to terminate this Agreement, they shall execute a Statement of
Termination. Upon termination, no party shall be required to make any additional contributions. Any
remaining funds shall be refunded to the parties to this Agreement according to Section 11.0.
10.0 Real and Personal Property
The acquisition of real property is not anticipated under this Agreement. Any personal property
acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement
expires or is terminated in accordance with Section 8.0 or 9.0, any personal property other than cash
shall remain with the Lead Agency.
11.0 Return of Funds
At such time as this Agreement expires without being extended or revised, or is terminated in
accordance with Section 9.0, any unexpended and uncommitted funds shall be distributed
proportionately to those parties to this Agreement at the time of termination based on each party’s
percentage share of the total balance at the time of termination.
12.0 Filing
This Agreement shall be filed with the King County Department of Records and Elections.
13.0 Legal Relations
13.1 The parties shall comply with all applicable state and federal laws and regulations.
13.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other
party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents
of one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be,
employees of any other party.
13.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials,
employees, principals and agents from all claims, demands, suits, actions, and liability of any kind
whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first party,
its contractor, and/or employees, agents, and representatives in performing the first party’s obligations
under this Agreement. The parties agree that their obligations under this paragraph extend to claims
made against one party by the other party’s own employees. For this purpose, the parties, by mutual
negotiation, hereby waive any immunity that, as respects the other party only, would otherwise be
available against such claims under the industrial insurance provisions of RCW Title 51. In the event
either party incurs attorney’s fees, costs or other legal expenses to enforce the provisions of this section,
against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party.
13.4 The provisions of this Section shall survive and remain applicable to each of the parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a party’s
withdrawal from this Agreement.
14.0 Entirety and Modifications
6
14.1 This Agreement merges and supersedes all prior negotiations, representations and agreements
between the parties relating to the subject matter hereof and constitutes the entire agreement between the
parties.
14.2 This Agreement may be modified or extended only by written instrument signed by all the
parties hereto.
15.0 Counterparts
The signature pages of this Agreement may be executed in any number of counterparts, each of which
shall be an original. For purposes of this Agreement, a duly authorized electronic signature constitutes
an original signature.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its
duly authorized officer or representative as of the date set forth below its signature.
City of Algona City of Auburn City of Black Diamond
By:________________ By:_______________ By:_______________
Date:_______________ Date:______________ Date:______________
City of Burien City of Covington City of Des Moines
By:_______________ By:_______________ By:________________
Date:______________ Date:______________ Date:_______________
City of Enumclaw City of Federal Way City of Kent
By:_______________ By:_______________ By:_______________
Date:______________ Date:______________ Date:______________
City of Maple Valley City of Milton City of Normandy Park
7
By:________________ By:_______________ By:________________
Date:_______________ Date:______________ Date:_______________
City of Pacific City of Renton City of SeaTac
By:_______________ By:________________ By:_______________
Date:______________ Date:_______________ Date:______________
City of Tukwila Muckleshoot Indian Tribe King County
By:________________ By:________________ By:_______________
Date:_______________ Date:_______________ Date:______________
Agenda Item: Consent Calendar – 7G
TO: City Council
DATE: September 3, 2013
SUBJECT: Limited Street License with Zayo Group, LLC – Authorize
SUMMARY: The Zayo Group, LLC, is a private telecommunications company whose
service area includes the city of Kent. Zayo has requested that the City grant it a
License along several streets to use the public right-of-way to install and operate its
telecommunications system.
In accordance with state law, cities may require telecommunications companies to
obtain a license to operate their facilities within city limits. This Limited Street License
constitutes a use permit and only grants Zayo the right to operate within Kent’s right-
of-way for five years. Zayo will still be required to obtain and pay fees for permits to
install these facilities.
EXHIBITS: Limited Street License
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: A one-time fee of $4,611 will be paid by Zayo to cover the City’s
cost of administering this license.
MOTION: Authorize the Mayor to sign a Limited Street License with Zayo
Group, LLC, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
LIMITED STREET LICENSE--Page 1 of 11
(between City of Kent and Zayo Group, LLC)
LIMITED STREET LICENSE BETWEEN
THE CITY OF KENT AND
Zayo Group, LLC
PARTIES
THIS LIMITED STREET LICENSE ("License") is between the CITY OF KENT, a
Washington Municipal Corporation ("City"), and Zayo Group, LLC ("Licensee").
RECITALS
1. Licensee seeks to operate its telecommunications system in the City of
Kent.
2. Licensee has requested that the City grant a permit to use City right-
of-way to operate its telecommunications system within the City.
3. The City has agreed to issue this license, which constitutes a
telecommunications system use permit under Chapter 35.99 RCW.
NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS:
LICENSE
1. License Granted. The City grants this License (“License”) for a
period of five (5) years from the Effective Date for Licensee to install, construct,
operate, maintain, remove, repair, reconstruct, replace, use, and inspect a
telecommunications system and all related equipment (“Telecommunications
System”) across, along, in, upon, and under the City’s right-of-way (“Property”) as
shown in Exhibit A (“Existing Property”). A general description of the plans for
planned improvements to this Telecommunications System is attached as Exhibit B
(“Improvements”). This License is subject to all the terms and conditions
established below.
2. Consideration. In consideration of the City’s issuance of this License,
Licensee shall, at the time of execution of this License, pay to the City a one-time
fee of four thousand six hundred and eleven dollars and No/100 ($4,611.00) to
cover the costs of administering this License.
3. City Owned Facilities. In accordance with and subject to the
requirements of RCW 35.99.070, Licensee shall provide and install conduit (of the
same type that License installs for its own use) with pullboxes spaced no more than
five hundred (500) feet apart or as agreed upon by the City. For and on behalf of
the City, at no cost to the City, the City facilities shall be installed alongside and
LIMITED STREET LICENSE--Page 2 of 11
(between City of Kent and Zayo Group, LLC)
concurrently with the Licensee’s conduit as set forth more specifically in Exhibit B.
4. Damage to Property and Restoration. Licensee shall repair any
damage to the Property caused by the installation, construction, operation,
maintenance, removal, repair, reconstruction, replacement, use, and inspection of
the Improvements on the Property. Upon revocation, termination, or expiration of
this License, Licensee shall restore the Property to its original condition prior to the
issuance of the License, with the exception that any conduit or pullboxes that the
City deems necessary shall remain. Such restoration obligation shall survive the
expiration of this License.
5. Revocation. The intent of this License is to authorize Licensee to
operate its Telecommunications System on the designated City right-of-way, which
right-of-way constitutes a valuable property interest owned by the City. This
License does not grant an estate in the land described as the Property; it is not an
easement; it is not a franchise; it is not exclusive; and it does not exclude the City
from full possession of the Property. As a License upon real property, it is revocable
at the will of the City. However, prior to revocation by the City, the City shall
provide Licensee with at least sixty (60) calendar days’ written notice of revocation.
Within thirty (30) calendar days of the effective date of the City's revocation,
Licensee is required to remove all Improvements except conduit or pullboxes
deemed necessary by the City and restore the Property pursuant to Section 4. If
Licensee fails to remove the Improvements within thirty (30) days, the City may
remove all or part of the Improvements, restore the Property, and recover the costs
of such removal and restoration from Licensee. Licensee waives any right it may
have to any claim for damages of any kind incurred as a result of the City's removal
of all or part of the Improvements.
6. Permits Required. The City's grant of this License does not release
Licensee from any of its obligations to obtain applicable local, state, and federal
permits necessary to install, construct, operate, maintain, remove, repair,
reconstruct, replace, use, and inspect the Improvements. Licensee's failure to
comply with this Section 6 shall constitute grounds for immediate revocation by the
City. The consideration in Section 2 is in addition to any fees required for
applicable local, state, and federal permits.
7. Record Drawings and As-Builts. Within sixty (60) days of
construction of the Improvements, Licensee shall provide the City with accurate
copies of all record drawings and maps showing the horizontal and vertical location
and configuration of all located or relocated Improvements within the public right-
of-way. These as-built drawings and maps shall be signed and stamped by a
Washington state licensed professional land surveyor, shall be provided at no cost
to the City, and shall include hard copies and digital copies in a format specified by
the City. As-builts must be on City of Kent horizontal and NAVD88 vertical datum
LIMITED STREET LICENSE--Page 3 of 11
(between City of Kent and Zayo Group, LLC)
NAD83/91. Licensee warrants the accuracy of all record drawings and maps and
as-builts provided to the City. Licensee shall provide the City with updated record
drawings and maps upon request.
8. Relocation. The term “relocate” shall refer to protecting, supporting,
temporarily disconnecting, moving to a new location, removing, or converting from
aerial facilities to underground facilities. Licensee shall, at its sole cost and
expense, relocate all or a part of the Improvements when required by the City for
reasons of traffic conditions or public safety, widening or improvement of existing
right-of-way, change or establishment of street grade, or the construction of any
public improvement or structure by any governmental agency acting in a
governmental capacity. Licensee shall, upon receiving approval and obtaining
necessary permits from the City, have the right to temporarily locate facilities in a
portion of right-of-way authorized by the City for the duration of the relocation
process.
8.1 For the purposes of this Section 8, any condition or requirement
imposed by the City upon itself or any person or entity acting on the City’s behalf,
(including without limitation, any condition or requirement imposed pursuant to any
contract or in conjunction with approvals for permits for zoning, land use,
construction, or development) that reasonably necessitates the relocation of
Licensee’s facilities within the right-of-way described in Exhibit A shall be a required
relocation for purposes of this section.
8.2 If the City, under its authority, causes a required relocation of
all or part of the Improvements, the City, at least sixty (60) calendar days prior to
the commencement of the project requiring relocation, shall provide written notice
to Licensee of the required relocation and shall provide Licensee with copies of
pertinent portions of the plans and specifications for the project. After receipt of
the City’s notice, Licensee must complete the required relocation of its affected
facilities at least twenty (20) calendar days prior to the commencement of the
project requiring relocation. Licensee will complete this required relocation at no
charge or expense to the City. Further, Licensee’s relocation shall be accomplished
in a manner that accommodates and does not interfere with the project requiring
relocation. When other utilities are present and involved in relocation, the City, in
its sole discretion, may attempt to coordinate the relocation of the utilities.
8.3 Licensee may, after receipt of the City’s written notice
requesting relocation, submit written alternatives to the City at least forty-five (45)
calendar days prior to the commencement of the project requiring relocation. The
City will evaluate those alternatives to determine if any of the alternatives can
accommodate the work that would otherwise necessitate the relocation of the
Improvements. If requested by the City, Licensee will submit additional
information to assist the City in making its determination. In the event the City
LIMITED STREET LICENSE--Page 4 of 11
(between City of Kent and Zayo Group, LLC)
ultimately determines, at its sole discretion, that no reasonable or feasible
alternative exists, Licensee shall relocate its facilities as otherwise provided in this
Section 8.
8.4 Notwithstanding the above provisions in this Section 8, the
Licensee may seek reimbursement from the City for its actual relocation expenses
under either of the following conditions:
8.4.1 If the City has required the Licensee to relocate these
facilities at Licensee’s cost within five (5) years of the date of a request for
relocation; or
8.4.2 If the Licensee holds an ownership share in the aerial
supporting structures (defined as poles or pole-like structures) for its facilities, and
if the City requires an aerial to underground relocation of Licensee’s facilities, the
City will pay the additional incremental costs of undergrounding these facilities
compared to an aerial relocation of the facilities, or will pay those costs required in
any approved tariff, if less than the additional incremental costs.
8.5 In the event that a relocation of any of the Improvements is
requested by any person or entity other than the City, so long as that person or
entity is not acting on the City’s behalf in conducting any of the activities described
in this Section 8, Licensee shall make those arrangements, including compensation
for Licensee’s relocation cost, that it deems appropriate with that person or entity,
and shall obtain all necessary permits for the relocation.
8.6 Notwithstanding all of the above, in the event of an unforeseen
emergency that creates an immediate threat to public safety, health, or welfare,
the City may require the relocation of the Improvements at Licensee’s expense.
8.7 The provisions of this Section 8 shall survive the expiration or
termination of this License.
8.8 Licensee shall not be responsible for any costs associated with
relocation of the City’s four inch (4”) conduit or pullbox facilities.
8.9 Licensee shall not erect poles or run or suspend wires, cables, or
other facilities in any area without written approval from the City.
9. Emergency. In the event of any emergency in which any portion of
the Improvements breaks, becomes damaged, or in any other way becomes an
immediate danger to the property, life, health, or safety of any individual, Licensee
shall immediately take the proper emergency measures to remedy the dangerous
condition without first applying for and obtaining a permit as required by this
LIMITED STREET LICENSE--Page 5 of 11
(between City of Kent and Zayo Group, LLC)
License. However, this emergency work shall not relieve Licensee from its
obligation to obtain all permits necessary for this purpose, and Licensee shall apply
for those permits within the next two (2) succeeding business days.
10. Indemnification. Licensee shall comply with the following
indemnification requirements:
10.1 Licensee shall defend, indemnify, and hold the City, its officers,
officials, employees, agents, assigns, and volunteers harmless from any and all
claims, actions, injuries, damages, losses, or suits, including all reasonable legal
costs, witness fees, and attorney fees, arising out of or in connection with the
performance of any of Licensee's rights or obligations granted by this License,
except to the extent caused by the sole negligence of the City, its employees,
agents, contractors, or invitees.
10.2 The City’s inspection or acceptance of any of Licensee’s work
when completed shall not be grounds to avoid any of these covenants of
indemnification.
10.3 These indemnification obligations shall extend to any claim,
action or suit that may be settled by compromise, provided that Licensee shall not
be liable to indemnify the City for any settlement agreed upon without the consent
of Licensee; however, if Licensee consents to the agreed upon settlement, the
Licensee shall indemnify and hold the City harmless as provided for in this Section
10 by reason of that settlement. Moreover, if Licensee refuses to defend the City
against claims by third parties, Licensee shall indemnify the City regardless of
whether the settlement of such claims is made with or without Licensee’s consent.
10.4 In the event that Licensee refuses to accept tender of defense in
any claim, action, or suit by a third party pursuant to this Section 10 and if
Licensee’s refusal is subsequently determined by a court having jurisdiction (or
such other tribunal that the parties shall agree to decide the matter) to have been a
wrongful refusal, then Licensee shall pay all the City’s costs for defense of the
action, including all reasonable legal costs, witness fees, and attorney fees and also
including the City’s costs, including all legal costs, witness fees and reasonable
attorney fees, for recovery under this Section 10 indemnification clause.
10.5 The provisions of this Section 10 shall survive the expiration or
termination of this License.
11. Insurance. Licensee shall procure and maintain for the duration of
this License, insurance of the types and in the amounts described below against
claims for injuries to persons or damage to property that may arise from or in
connection with the performance of the work by Licensee. Licensee also agrees to
LIMITED STREET LICENSE--Page 6 of 11
(between City of Kent and Zayo Group, LLC)
require the same coverage of its agents, representatives, employees, contractors,
subcontractors, consultants, subconsultants, or assigns performing work under the
scope of this License and to assure that such coverage is maintained.
11.1 Before beginning work on the project described in this License,
Licensee shall provide a Certificate of Insurance evidencing:
11.1.1 Automobile Liability insurance with limits no less
than $1,000,000 combined single limit per accident for bodily injury and property
damage; and
11.1.2 Commercial General Liability insurance written on
an occurrence basis with limits no less than $2,000,000 combined single limit per
occurrence and general aggregate for personal injury, bodily injury and property
damage. Coverage shall include but not be limited to: blanket contractual;
products/completed operations/broad form property damage; explosion, collapse
and underground (XCU); and employer’s liability.
11.1.3 Excess Liability insurance with limits not less than
$2,000,000 per occurrence and aggregate.
11.2 Any payment of deductible or self-insured retention shall be the
sole responsibility of Licensee.
11.3 The City, its officers, officials, employees, agents, assigns and
volunteers shall be named as an additional insured on the insurance policy, as
respects work performed by or on behalf of the Licensee and shall make its
endorsement available for inspection by the Licensor. Licensor waives no rights
and Licensee is not excused from performance if Licensee fails to provide Licensor
with a paper copy of the endorsement naming the City as an additional insured.
11.4 Licensee’s insurance shall 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.
11.5 Licensee’s insurance shall be primary insurance as respects the
City, and the City shall be given thirty (30) calendar days prior written notice
electronically and by United States mail of any cancellation, suspension or material
change in coverage.
12. Modification. This License may not be modified, altered, or amended
unless first approved in writing by the City.
13. Assignment. Licensee shall not assign all or any portion of its rights,
LIMITED STREET LICENSE--Page 7 of 11
(between City of Kent and Zayo Group, LLC)
benefits, or privileges, in and under this License without prior written approval of
the City, which approval will not be unreasonably withheld or delayed. Licensee
shall, no later than thirty (30) days prior to the date of any proposed assignment,
file written notice of intent to assign the License with the City together with the
assignee’s written acceptance of all terms and conditions of the License and
promise of compliance. Notwithstanding the foregoing, Licensee shall have the
right, without such notice or such written acceptance, to mortgage its rights,
benefits, and privileges in and under this License to the trustee for its bondholders
and assign to any subsidiary, parent, affiliate or company having common control
with Licensee so long as notice of same is provided to the City and provided
Licensee remains fully liable to the City for compliance with all terms and conditions
of this license until such time as the City shall consent to such assignment as
provided above.
14. Compliance with Laws. Licensee shall comply with all federal, state,
and municipal laws, rules, and regulations that are applicable to this License.
15. Venue and Jurisdiction. This License shall be construed in accordance
with the laws of the State of Washington. Venue and jurisdiction for the resolution
of disputes shall be in the Superior Court for King County, Washington. In the
event of claim or litigation regarding the enforcement of the terms of this License,
each party shall be responsible for its own legal costs and attorney fees except as
noted in Section 10.
16. Notices. All notices, requests, demands, or other communications
provided for in this License, unless otherwise noted, shall be in writing and shall be
deemed to have been given when sent by registered or certified mail, return receipt
requested, to the addresses listed below for each party, or to such other person or
address as either party shall designate to the other party in writing:
CITY:
City of Kent
Attn: City Clerk
220 Fourth Avenue South
Kent, WA 98032
LICENSEE:
Zayo Group, LLC
1805 29th Street
Boulder, CO 80301
Attn: General Counsel, ZFTI
17. No Waiver of Rights. Nothing in this License shall constitute a
waiver of either party’s right to challenge any portion of the License that is not in
accordance with applicable federal, state and local laws.
LIMITED STREET LICENSE--Page 8 of 11
(between City of Kent and Zayo Group, LLC)
18. Entire Agreement and Effective Date. This License contains the
entire agreement between the parties and, in executing it, the City and Licensee do
not rely upon any statement, promise, or representation, whether oral or written,
not expressed in this License. This License shall be effective upon the last day
executed below (Effective Date).
19. Warranty of Authority to Execute. Each person executing this
License warrants that he/she has the requisite authority to bind the party for whom
that person is executing.
This License is executed and shall become effective as of the last date signed
below.
CITY OF KENT
By:
Print Name:SUZETTE COOKE
Its: Mayor
Date:
LICENSEE
By:
Print Name:
Its:
Date:
P:\Civil\Files\Open Files\0421-TelcomROWActiveLicenses\Zayo Limited Street License.docx
LIMITED STREET LICENSE--Page 9 of 11
(between City of Kent and Zayo Group, LLC)
STATE OF WASHINGTON )
: ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Suzette Cooke
is the person who appeared before me, and said person acknowledged that she
signed this instrument, on oath stated that she is authorized to execute the
instrument on behalf of the City of Kent as its Mayor, and such execution to be the
free and voluntary act of such party for the uses and purposes mentioned in the
foregoing instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
LIMITED STREET LICENSE--Page 10 of 11
(between City of Kent and Zayo Group, LLC)
STATE OF WASHINGTON )
: ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged
that he/she signed this instrument, on oath stated that he/she is authorized to
execute the instrument on behalf of as its
, and such execution to be the free and voluntary act of such party for the
uses and purposes mentioned in the foregoing instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
LIMITED STREET LICENSE--Page 11 of 11
(between City of Kent and Zayo Group, LLC)
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Exhibit A
Description of Facilities
Facilities included in this Street License are limited to the Public Right of Way along the
following City Streets:
S 277th Street – From City Limits at Green River to 108th Ave SE
108th Ave SE – From S. 277th Street to SE Kent Kangley Road
SE Kent Kangley Road – From 108th Ave SE to 107th Ave SE
107th Ave SE – From SE Kent Kangley Road to SE 256th Street
SE 256th Street – From 107th Ave SE to 116th Ave SE
116th Ave SE – From SE 256th Street to SE 240th Street
SE 240th Street – From 116th Ave SE to 104th Ave SE
104th Ave SE – From SE 240th Street to SE 224th Street
SE 224th Street – From 104th Ave SE to 108th Ave SE (Benson Rd)
108th Street (Benson Rd) – From SE 224th Street to City Limits at SE 192nd Street
South Quadrant of Intersection of SE 43rd St (180th Ave S.) and 84th Avenue S.
SE 196th Street – From 108th Ave SE to 120th Ave SE
120th Ave SE – From SE 196th St to SE 192nd St
SE 192nd St – From 120th Ave SE to 200 feet west of 120th Ave SE
S. 228th Street – From 68th Avenue S. to 76th Ave S (4th Ave N.)
76th Ave S (4th Ave N.) – From S. 228th Street to State Route 167
Hawley Road – From 68th Ave S. to Approximately 400 feet east of 68th Ave S.
Intersection of 108th Ave SE (Benson Road) and SE 224th Street
SE 240th Street – From 116th Ave SE to 144th Ave SE
144th Ave SE – From SE 240th Street to Approximately 300 feet South of SE 240th St
68th Avenue South – From Approximately 200 feet North of S. 208th St to Approximately
500 feet South of S 212th Street
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Agenda Item: Consent Calendar – 7H
TO: City Council
DATE: September 3, 2013
SUBJECT: Consolidating Budget Adjustment Ordinance – Adopt
SUMMARY: Authorization is requested to approve the technical gross budget
adjustment ordinance reflecting an overall budget increase of $14,565,844 for budget
adjustments made between January 1, 2013 and June 30, 2013. An overall increase of
$14,796,876 was previously approved by Council, including the Final Assessment Roll
for LID 363 totaling $9,150,627, KC Flood Control District for $3,045,000, and King
County Conservation Futures Grant for $650,000.
EXHIBITS: Ordinance and Exhibit A
RECOMMENDED BY: Operations Committee
BUDGET IMPACTS: The remaining amount not yet approved by Council is an overall
decrease of $231,032. This reduction is largely due to debt service for the 2012 bond
refund totaling ($197,582).
MOTION: Adopt Ordinance No. ______, approving the consolidating budget
adjustments made between January 1, 2013 and June 30, 2013, reflecting an
overall budget increase of $14,565,844.
1 2013 Budget Adjustment
First Half
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending the 2013
budget for adjustments made between January 1,
2013 and June 30, 2013.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Budget Adjustments. The 2013 budget is amended
to include budget fund adjustments for the year up to June 30, 2013, as
summarized and set forth in Exhibit “A,” which is attached and
incorporated into this ordinance.
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 that remaining portion shall maintain its full force and
effect.
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
2 2013 Budget Adjustment
First Half
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 (5) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, ACTING CITY ATTORNEY
PASSED: day of , 2013.
APPROVED: day of , 2013.
PUBLISHED: day of , 2013.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civil\Ordinance\Budget Adjustment First Half 2013.docx
City of Kent
Budget Adjustment Ordinance
Adjustments January 1, 2013 to June 30, 2013
Exhibit A
Fund Title
Previously
Approved
Approval
Requested
Total
Adjustment
Ordinance
001 General Fund 182,194 317,421 499,615
110 Street Fund (197,582) (197,582)
150 Capital Improvement Fund 42,881 42,881
160 Criminal Justice Fund 547,961 (138,699) 409,262
220 Non-Voted Debt Service Fund (124,504) (124,504)
310 Street Capital Projects Fund 9,292,630 9,292,630
320 Parks Capital Projects Fund 1,459,151 (129,008) 1,330,143
340 Technology Capital Projects Fund 1,283 1,283
440 Sewerage Operating Fund 3,045,000 3,045,000
510 Fleet Services Fund 229,440 229,440
540 Facilities Management Fund 40,500 40,500
700 Kent Economic Development Corp (2,824) (2,824)
Subtotal 14,796,876 (231,032) 14,565,844
Less:
Internal Services Funds
Other Transfers - (29,701) (29,701)
Internal Transfers 189,684 (125,000) 64,684
Subtotal 189,684 (154,701) 34,983
Total Net Budget Change 14,986,560 (385,733) 14,600,827
Budget Adjustment Details for Budget Change
January 1, 2013 to June 30, 2013
Fund and
Project Explanation
Approval
Date or
Previous
Fund
Expense
Amount
1 General Fund
Previously Approved by Council
1 1000 Berk DSAP Contract 12132011 41,694
1 1000 ECD Stratgic Plan Phase II 12132011 40,000
1 1000 Parks General Rec Reduction 01012013 84,500
1 1000 Nat'l Endowment for the Art 11062012 10,000
1 1000 WA St Arts Comm Grant 10022012 6,000
Not Previously Approved by Council
1 1000 COLA-PD Sergeants & Officer 287,757
1 1000 PA union COLA 32,488
1 1000 EDC Closed (2,824)
Total General Fund 499,615
110 - Street Fund
Not Previously Approved by Council
110 1110 Adj Debt Svc for 2012 Rfnd (197,582)
Total Street Fund (197,582)
150 - Capital Improvement Fund150 - Capital Improvement Fund
Not Previously Approved by Council
150 1500 Adj Debt Svc for 2012 Rfnd 55,337
150 1510 Adj Debt Svc for 2012 Rfnd 17,741
150 1500 Return Project Funds (30,197)
Total Capital Improvement Fund 42,881
160 - Criminal Justice Fund
Previously Approved by Council
160 N00021 Traffic Safety School Ord 4079 307,540
160 N00029 BJA/Justice Asst Grant 5212013 51,883
160 N00076 WA Auto Theft Prev Auth Grt 2192013 7,655
160 N00709 WA Traffic Safety Comm Grt 5212013 61,000
160 N00813 Target Corp Crime Fight Gt 1152013 500
160 N00907 WA Traffic Safety Grant 2192013 15,500
160 N00908 WA Auto Theft Prev Auth Grt 4162013 35,235
160 N00019 ARRA JAG Grant 8182009 360
160 N00073 WASPC Sex Offender Grant 7032012 68,288
Budget Adjustment Details for Budget Change
January 1, 2013 to June 30, 2013
Fund and
Project Explanation
Approval
Date or
Previous
Fund
Expense
Amount
Not Previously Approved by Council
160 1600 COLA-PD Sergeants & Officer 16,256
160 1611 COLA-PD Sergeants & Officer 2,440
160 N00067 General Contributions 1,459
160 N00082 Unused Grant Funds (6,657)
160 N00813 Distracted Driving Enfrc Gt 3,000
160 N20011 Return Project Funds (25,000)
160 N20017 Return Project Funds (30,000)
160 N20018 Return Project Funds (70,000)
160 N20059 Return Project Funds (263)
160 N20061 Return Project Funds (218)
160 N20063 Return Project Funds 284
160 N20092 Return Project Funds (30,000)
Total Criminal Justice Fund 409,262
220 - Non-Voted Debt Service Fund
Not Previously Approved by Council
220 2216 Adj Debt Svc for 2012 Rfnd (124,504)
Total Non-Voted Debt Service Fund (124,504)
310 - Street Capital Projects310 - Street Capital Projects
Previously Approved by Council
310 R20036 SEPA Ordinance #2494 SEPA2494 17,042
310 R90070 SEPA Ordinance #2494 SEPA2494 120,485
310 R90094 LID 363 Final Assmnt Roll 10162012 9,150,627
310 R90094 SEPA Ordinance #2494 SEPA2494 4,476
Total Street Capital Projects 9,292,630
320 - Parks Capital Projects
Previously Approved by Council
320 P20006 Fee-in-Lieu Funds 3052013 129,684
320 P21011 Fee-in-Lieu Funds 3052013 129,684
320 P21009 Green Kent Partnership 3052013 15,794
320 P21012 RCO Grant 2052013 125,120
320 P20006 KC Youth Sports Fac Prog 3052013 60,000
320 P21015 KC Youth Sports Fac Prog 3052013 60,000
320 P21015 KC Youth Sports Fac Prog 3052013 60,000
320 P21012 KC Conservation Futures Gnt 3202012 650,000
320 P21012 KC Conserv Futures Grant 4072009 125,120
320 P21014 Winona Constance Grant 3202012 103,749
Budget Adjustment Details for Budget Change
January 1, 2013 to June 30, 2013
Fund and
Project Explanation
Approval
Date or
Previous
Fund
Expense
Amount
Not Previously Approved by Council
320 P21012 Adj RCO Amt-Panther Lk Acq (129,008)
Total Parks Capital Projects 1,330,143
340 - Technology Capital Projects
Not Previously Approved by Council
340 T20104 Sale of Scrap/Junk 1,283
Total Technology Capital Projects 1,283
440 - Sewerage Operating Fund
Previously Approved by Council
440 D20020 FY2012 Statewide Stormwater 1152013 75,000
440 D20015 KC Flood Control District 11012011 900,000
440 D20081 KC Flood Control District 11012011 2,070,000
Total Sewerage Operating Fund 3,045,000
510 - Fleet Services Fund
Previously Approved by Council
510 5100 Additional Crash Attenuator 12112012 21,740
510 5100 Replc Police Tahoe 12112012 37,500 510 5100 Replc Police Tahoe 12112012 37,500
510 5100 VHF Narrowband Radio Proj 12112012 170,200
Total Fleet Services Fund 229,440
540 - Facilities Management Fund
Previously Approved by Council
540 5400 Vehicle for HVAC Mechanic 12112012 40,500
Total Facilities Management Fund 40,500
700 - Kent Economic Development Corporation
Not Previously Approved by Council
700 7010 EDC Closed (1,291)
700 7010 EDC Closed (1,533)
Total Kent Economic Dev Corp (2,824)
14,565,844$
Agenda Item: Bids – 9A
TO: City Council
DATE: September 3, 2013
SUBJECT: Riverview Park Channel Restoration – Grass Field
Improvements – Award
SUMMARY: The US Army Corps of Engineers and the City partnered on an Ecosystem
Restoration Program (ERP) project at Riverview Park. The ERP project consisted of
construction of a side channel through the park to increase salmon habitat and flood
storage in the Green River. The ERP project included seeding the park next to the
channel; however, the soil on the 6-acre grass field portion of the site does not
contain enough nutrients to maintain a healthy strand of grass. The Grass Field
Improvements Project consists of amending the existing topsoil and re-seeding the
site to minimize potential erosion and sedimentation problems.
EXHIBITS: Memo dated 8/28/13
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: This project will be paid for by Drainage Utility Funds.
MOTION: Move to award the Riverview Park Channel Restoration – Grass
Field Improvements Project contract to Hoffman Construction, Inc., in the amount
of $137,998.48 and authorize the Mayor to sign all necessary documents, subject
to final terms and conditions acceptable to the City Attorney and Public Works
Director.
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E.,
Public Works Director
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: August 28, 2013
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: Riverview Park Channel Restoration – Grass Field
Improvements - Award
Bid opening for this project was held on August 27, 2013 with five bids received.
The low bid was submitted by Hoffman Construction, Inc. in the amount of
$137,998.48. The Engineer's estimate was $174,696.30. The Public Works Director
recommends awarding this contract to the low bidder.
Bid Summary
01. Hoffman Construction, Inc. $137,998.48
02. Iron Creek Construction LLC $152,226.90
03. Henderson Partners, LLC $153,606.60
04. Road Construction Northwest, Inc. $198,734.84
05. Willapa Bay Construction, LLC $281,142.13
Engineer's Estimate $174,696.30
REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
OPERATIONS COMMITTEE MINUTES
August 6, 2013
Committee Members Present: Les Thomas, Chair, and Jamie Perry.
The meeting was called to order by Les Thomas at 4:10 p.m.
1. APPROVAL OF MINUTES DATED JULY 2, 2013.
J. Perry moved to approve the Operations Committee minutes dated
July 2, 2013. L. Thomas seconded the motion, which passed 2-0.
2. APPROVAL OF CHECK SUMMARY REPORTS DATED 6/16/2013 THROUGH
6/30/2013 AND 7/1/2013 THROUGH 7/15/2013.
J. Perry moved to approve the check summary reports dated 6/16/2013 through
6/30/2013 and 7/1/2013 through 7/15/2013. L. Thomas seconded the motion and it
passed 2-0.
3. PLAYGROUND EQUIPMENT GOODS ANS SERVICES AGREEMENT FOR SEVEN OAKS
PARK-AUTHORIZE.
J. Watling explained that the playground equipment at Seven Oaks is the oldest in the city. It has
to be removed for safety reasons. The play equipment was selected by a panel of residents and city
staff. The project will be funded within the budget.
J. Perry moved to recommend the Council authorize the Mayor to sign the agreement
with Landscape Structures, Inc. for $32,824.89 to purchase playground equipment for
Seven Oaks Park, subject to final terms and conditions acceptable to the City Attorney
and the Parks Director. L. Thomas seconded the motion, which passed 2-0.
4. ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT REQUEST FOR FULLTIME,
BENEFITED, LIMITED TERM, OFFICE TECH I POSITION- PERMIT CENTER-
APPROVE.
B. Wolters presented the previous approved position. Some aspects of the position were changed
after discussion with AFSCME. There will be no changes to the budget. This temporary Office Tech I
position was created to assist with the increase in workload in the Economic & Community
Development Department.
J. Perry moved to recommend Council to authorize the Limited Term Office Tech I
Position in the 2013-2014 budget in the Permit Center, Economic & Community
Development Department. L. Thomas seconded the motion and it passed 2-0.
5. 2013-2014 PROPERTY INSURANCE UPDATE (INFORMATION ONLY).
C. Hills presented the information on the property insurance for all the city buildings except for the
ShoWare center. He informed that the insurance rate decreased with the new vendor Lexington.
Operations Committee Minutes
August 6, 2013
Page: 2
The deductible for the property insurance went up from $10k to $100k, but the overall prem ium
decreased by 6%.
6. MID-YEAR BUDGET ADJUSTMENT ORDINANCE.
B. Nachlinger requested the council to approve the technical gross budget adjustment ordinance.
The consolidation is done twice a year. The overall increase included items previously approved by
Council, including the Final Assessment Roll for LID 363, KC Flood Control District Grants and King
County Conservation Futures Grant. The reduction in the consolidation is due to the adjustment to
Debt Service for the 2012 bond refund.
J. Perry moved to recommend the Council approve the consolidating budget adjustment
ordinance for adjustments made between January 1, 2013 and June 30, 2013 reflecting
an overall budget increase of $14,565,844.
7. JUNE FINANCIAL SUMMARY (INFORMATION ONLY).
B. Nachlinger presented the May Financial Statement and mentioned that the General Fund is
expected to end the year at 10.6% of the expenditure budget. Sales tax and Property Tax are
trending above budget. Building permits and Plan check fees are also above budget.
The meeting was adjourned at 4:34 p.m. by L. Thomas.
___________________
Satwinder Kaur
Operations Committee Secretary
PUBLIC WORKS COMMITTEE MINUTES
July 15, 2013
1
Committee Members Present:
Committee Chair Elizabeth Albertson and Committee members Dennis Higgins and
Dana Ralph were present. The meeting was called to order at 4:00 PM.
Item 1 – Approval of Meeting Minutes Dated July 1, 2013:
Committee member Higgins MOVED to approve the minutes of July 1, 2013.
The motion was SECONDED by Committee member Ralph and PASSED 3-0.
Item 2 – Contract/Wetland Monitoring – Johnson Creek, S 228th St. Project
& Meridian Valley Creek:
Matt Knox, Environmental Ecologist explained that when critical areas such as
streams or wetland are impacted, restored or enhanced permits are required to
monitor the mitigation area caused by these projects, for up to 10 years. Knox stated
that several city projects are in the monitoring phase, after receiving permits to
impact wetlands. Knox went on to explain that the following sites have varied
monitoring guidelines depending on the regulatory agency involved; the 228th Street
Extension (Veterans Drive), Johnson Creek Restoration and the Meridian Valley Creek
Enhancement Projects have anywhere from 5 to 10 year monitoring requirements.
Environmental Science Associates (ESA) will complete the required monitoring for
each location and prepare the necessary reports, including maps and figures for staff
to review. The reports will then be submitted to the applicable agencies in order to
meet permitting requirements.
Committee member Ralph MOVED to recommend Council authorize the
Mayor to sign a Consultant Services Contract with Environmental Science
Associates to complete required wetland mitigation monitoring in the
amount of $32,765 subject to final terms and conditions acceptable to the
City Attorney and Public Works Director. The motion was SECONDED by
Committee member Higgins and PASSED 3-0.
Item 3 – State Grant for Commute Trip Reduction Law Implementation:
Senior Transportation Planner, Cathy Mooney gave an informative PowerPoint on the
Commute Trip Reduction (CTR) 2013 Program Report the presentation touched on
the following:
CTR Employees
30 Worksites are required to participate, by law
6 Voluntary worksites participate in the program
There are 10,000 employees affected by the CTR law – all together 15,000
PUBLIC WORKS COMMITTEE MINUTES
July 15, 2013
2
CTR Employers
There are nine employers in Kent that have over 500 employees
CTR Techniques – here are some of the most popular
Employer provided subsidy for transit, train or van
Rideshare – carpool & vanpools
Compressed work weeks – Flex schedules
Telework
Employer – sponsored contests or rewards
Kent Commuter Vans
63 Vans originate in Kent and take residents to their worksites outside of Kent
59 Vans arrive at Kent worksites daily
Some vans carrying up to 15 people
Mooney noted the State CTR Grant is for a two year period and reimburses the City
up to $106,007 for overseeing the State CTR law.
Committee member Higgins MOVED to authorize the Mayor to sign the
Transportation Demand Management Implementation Agreement, WSDOT
#GCB1565, for the term July 1, 2013 through June 30, 2015, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director. The motion was SECONDED by Committee member Ralph and
PASSED 3-0.
Item 4 – Emergency & Public Safety Purchase Authorization:
Fleet Superintendent, Ron Green stated that we use the Interlocal Agreement with
the State extensively, and that it has been the city’s practice to expedite purchase of
services, materials, and supplies to repair equipment and put it back in service as
quickly as possible. Examples of the equipment that would be covered by this
motion include police cars, mowers, construction equipment, Vactor trucks and aerial
“bucket” trucks.
The city’s code requires council authorization for some of these purchases or repairs,
but because important public safety equipment is involved, staff is asking for this
permission.
If the estimated cost to repair a piece of equipment exceeds $60,000, staff will not
make the expenditure without first complying with all requirements of the city’s
procurement code. The cost to purchase and outfit a police cruiser can be close to
$60,000; hence, staff asks for approval up to that amount. Committee member
PUBLIC WORKS COMMITTEE MINUTES
July 15, 2013
3
Higgins made a friendly amendment to the original motion, see below.
Committee member Ralph MOVED to authorize the purchase or repair of
fleet vehicles and equipment used for public safety and emergency purposes
and to authorize the repair of emergency vehicles and equipment to return
them to service as soon as possible without further council or mayoral
approval so long as the expenditure is less than $60,000, is consistent with
all other procurement requirements is reported to the Public Works
Committee at their next regularly scheduled meeting, and is within
established budgets subject to final terms and conditions acceptable to the
City Attorney and Public Works Director. The motion was SECONDED by
Committee member Higgins and PASSED 3-0.
Item 5 – Information Only/Street Vegetation Work Plan - Update:
Scott Schroeder noted that citizens can go to the city’s website and see location
maps of where the vegetation mowers are. Schroeder went on to show numerous
photographs of areas that the vegetation section is responsible for maintaining.
Information Only/No Motion Required
Item 6 – Information Only/Solid Waste (Litter) and Adopt a Street Update:
Gina Hungerford, Conservation Coordinator talked about the Adopt a Street program,
and noted that there are currently 14 active groups that collect litter along various
city streets.
Due to time constraints, Bill Thomas did not speak at the meeting.
Information Only/No Motion Required
Item 7 – Information Only/640 Zone Implementation:
This item as not discussed at the meeting due to time constraints.
Information Only/August 5, 2013 Public Works Committee Meeting –
Cancelled:
It was noted by Committee member Albertson that there will not be a Public Works
Committee meeting on Monday, August 5, 2013.
Information Only/No Motion Required
PUBLIC WORKS COMMITTEE MINUTES
July 15, 2013
4
Added Items:
Committee member Higgins noted that there were 13 applications to serve on the
Public Facilities District. He requested that Committee members Albertson and Ralph
turn in their top 5 choices at the Tuesday, July 16 Workshop. Committee member
Albertson stated that she felt the choices should be Focused, Measurable and
Targeted. She noted that there are currently 4 white males and 1 African American
male serving. She asked Higgins to consider this when making a decision. With our
geographic diversity the candidate should live in Kent. Ralph said that when choosing
her top candidate she eliminated the names and tallied only by qualifications.
The meeting was adjourned at 5:16 p.m.
Cheryl Viseth
Council Committee Recorder
EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION