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Home My WebLink AboutCity Council Meeting - Council - Agenda - 03/04/1997 „.x..x..RIRI.RIIIIN.R.,x,Yx ...... ...................vl,,,,.,,,.,.«ur,............... ..q.,.u.-,. , ....,.,..x.x...................l..«x..ew,n..«,u,..,II IIII.,.,.v..............YK.....Culty of Rllulll Kent i � INI � F� city t;ounr* l m I' t i Agenda 1 l.,I� �11 I,II IUIf IIINIYIII muuull� IIIIi� , 'KtKN1I 1. ,II I I ,I +, 1 I ..I 9.. �� f.J N r}1 ��n :. I ]IL. ry..�rt[@.i� :II'f ��i�x� Ixj h i��y ;�.1)r j T i I,II iI �Y...11 III I..11,C' 1�+1 ,... �.111{... tr. C)1�. 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Certificate of Achievement for Excellence in Financial Reporting C. • Sister City International Art Competition Presentation 2. PUBLIC HEARINGS None 3. CONSENT CALENDAR A. ' Approval of Minutes B. • Approval of Bills C. • Springwood Substation Lease - Renewal D. • Senior Center Roof Replacement - Budget Adjustment E. • Kent Market Transfer Agreement - Authorization F. , Kent Market Use Permit and Service Agreement - Authorization G.' Rose's Meadow - Bill of Sale H. • Stillwaters Addition No. 1 - Bill of Sale I.. Meeker Court Apartments - Bill of Sale 4. OTHER BUSINESS A. • Blueberry Farm Preliminary Plat SU-96-9 B. • Riverbend Golf Complex Management Proposal 5. BIDS None 6. CONTINUED COMMUNICATIONS 7. REPORTS 8. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent (206) 854-6587 . PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Employee of the Month B) Certificate of Achievement for Excellence in Financial Reporting C) Sister City International Art Competition Presentation 0 CONSENT CALENDAR 3 . cites council Action: Councilmember / � Z{ Lx '�' moves, Councilmember seconds that Consent Calendar Items A through I be approved. Discussion Action f 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of February 18, 1997 . 3B. Approval of Bills. Approval of payment of the bills received through February 14 and paid on February 14, 1997, after auditing by the Operations Committee on February 19, 1997 . Approval of checks issued for vouchers: Date Check Numbers Amount 02/13/97 179792-180085 $ 913 , 330.40 02/14/97 180086-180860 919 ,888 .44 $1,833 , 218. 84 Approval of checks issued for Aavroll for February 1 through February 15, 1997 and paid on February 20, 1997 : Date Check Numbers Amount 02/20/97 Checks 217639-217970 $ 636, 179.46 02/20/97 Advices 43071-43544 245, 027 .77 $ 881, 207. 23 Council Agenda Item No. 3 A-B Kent, Washington February 18, 1997 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor White. Present: Councilmembers Clark, Epperly, Houser, Johnson, Orr and Woods, Operations Director/ Chief of Staff McFall, City Attorney Lubovich, Fire Chief Angelo, Police Chief Crawford, Planning Director Harris, Public Works Director Wickstrom, Finance Director Miller. Councilmember Bennett was excused from the meeting. Approximately 15 people were in attendance. The flag salute was led by Webelos Pack 404 Flaming Arrows. PUBLIC Regional Justice Center Update. Mayor White COMMUNICATIONS announced that the RJC Recognition Awards will be held at noon on March 14 , 1997, at Kent Commons, and that a Ribbon Cutting Ceremony will be held at 1: 30 p.m. that day in front of the Regional Justice Center. He added that the simulated incarceration will be held that night. CONSENT HOUSER MOVED that Consent Calendar Items A CALENDAR through P be approved. Woods seconded and the motion carried. MINUTES Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of February 4 , 1997 . HEALTH & (CONSENT CALENDAR - ITEM 3N) SANITATION Boxmaker - Corrected Bill of Sale. AUTHORIZATION to delete 60 feet of sanitary sewer and 790 feet of storm sewer improvements from the Boxmaker, Inc. bill of sale acceptance, as recommended by the Public Works Director. At the February 4th Council meeting the bill of sale for Boxmaker, Inc. , located at S. 290th St. & 62nd Ave. South, was accepted in full which included 60 feet of sanitary sewers and 7490 feet of storm sewers. It has since been determined that these sewer improvements were private construction and as such, this portion of the bill of sale needs to be amended. (CONSENT CALENDAR - ITEM 30) Kent North Corporate Park, Phase II. AUTHORIZA- TION to accept the bill of sale for Kent North Corporate Park, Phase II submitted by Pacific Northwest Group A, for continuous operation and maintenance of 2, 164 feet of water main and 417 feet of sanitary sewer improvements and release of bonds after the expiration period, as recom- mended by the Public Works Director. The project is located at S. 184th Ave. & 80th Ave. So. 1 Kent City Council Minutes February 18, 1997 STREETS (CONSENT CALENDAR - ITEM 3D) LID 345 - S. 218th St Improvement - charge in Lieu of Assessment. AUTHORIZATION for staff to establish a Charge in Lieu of Assessment fee on certain properties to recover City funds associated with providing service stubs, as recommended by the Public Works Committee. The charge would become due and payable by the property owner upon connection to the service stub. At the time of constructing LID 345, City water and sewer utility funds were used to pay for the initial cost of stubbing said utilities to speci- fic properties which in turn reduced the LID assessments thereon. Final costs for LID 345 are now known. TRAFFIC (CONSENT CALENDAR - ITEM 3K) TIB Grant Agreement. AUTHORIZATION for the Mayor to sign the TIB (Transportation Improvement Board) Grant Agreement for engineering design of the 272nd/277th Corridor project, as recommended by the Public Works Committee. Funds associated with this agreement total $1, 567, 127 . (CONSENT CALENDAR - ITEM 3L) S E 274th Way Hillclimb Ground Improvements. ACCEPT the SE 274th Way Hillclimb project as complete and release retainage to Hayward Baker, Inc. upon standard releases from the state, and release of any liens, as recommended by the Public Works Director. The original contract amount was $117 , 500. The final construction cost was $116, 600. (CONSENT CALENDAR - ITEM 3M) 100th Avenue Overlay. ACCEPT the 100th Avenue Overlay project as complete and release retainage to Lakeside Industries upon standard releases from the state, and release of any liens, as recommended by the Public Works Director. The original contract amount was $199, 305. The final construction cost was $198, 765.33 . (BIDS - ITEM 5A) _Rent ADA Bus Zone Improvements. Bid opening for this project was held on February loth with three bids received. The low bid was submitted by T. F. Sahli Construction of Seahurst, Washington, in the amount of $69 , 820. 92 . The Engineer' s esti- mate was $54, 968. 31. The project consists of 2 Kent City Council Minutes February 18 , 1997 STREETS improving several bus zones within the City to meet the current ADA standards. It is the recommendation of the Public Works Director to award the Kent ADA Bus Zone Improvements contract to T.F. Sahli Construction for the bid amount of $69, 820.92. CLARK SO MOVED, Woods seconded, and the motion carried. (CONSENT CALENDAR - ITEM 3F) 277th Corridor Condemnation Authorization. ADOPTION of Ordinance No. 3337 relating to the 277th Corridor Condemnation. The City has been unsuccessful thus far in negotiations with two of the property owners adjacent to the 277th Corridor to grant right-of-way easements along this corridor project. It has been recommended by the Public Works Committee that the City Attorney be directed to prepare a Condemnation Ordinance and authorize condemnation on these two properties, should negotiations continue to fail. PROPERTY (CONSENT CALENDAR - ITEM 3E) Lindental Lot/277th Corridor Lot - Proverty Exchange. AUTHORIZATION to surplus Lot 58 of the Lindental plat for partial payment of Lot 31 plus $7 , 000, as recommended by the Public Works Committee. The sewer construction fund will be charged for the acquisition and the road corridor fund will be credited. The plat of Lindental was subdivided before the 277th Corridor was established and also before the area was annexed into Kent (Ramstead Annexation) . The City acquired lots of 58 and 59 before homes were built in the subdivision to preserve these areas as detention pond sites for the 277th Corridor. Design of the storm drainage detention for the Corridor has been completed and lot 58 is no longer needed. Lot 31 has not been built on and will be needed for contractor access to install a gravity sewer and force main. IMPACT FEES (OTHER BUSINESS - ITEM 4B) (ADDED BY COUNCILMEMBER ORR) school Impact Fees Ordinance. Orr stated that it was noted at today' s Planning Committee meeting that an extension of the school impact fee ordi- nance needs to be adopted in order to avoid a gap in the collection times. She MOVED to adopt Ordinance No. 3339 to extend the expiration date 3 Kent City Council Minutes February 18, 1997 IMPACT FEES of the school impact fee code for one year from its date of expiration. Woods seconded. Orr explained that this ordinance enables con- tinued collection of the school impact fees, and that during the next few months the school' s Comp Plan and fee schedule will be reviewed, with adoption of a new fee schedule in the near future. Clark emphasized that this tax has been in force for sometime, and that it mitigates the impact of population in terms of demands on the school system. He said every effort is being made to bring fees down. Orr agreed and noted that they are continuing to work toward some of the recom- mendations made by the Kent Chamber of Commerce Task Force on Impact Fees, which will further reduce fees. The motion to adopt Ordinance No. 3339 then carried. PLAT (CONSENT CALENDAR - ITEM 3C) Blueberry Farm Preliminary Plat SU-96-9. AUTHORIZATION to set March 4, 1997, as the date for a public meeting to consider the Hearing Examiner's recommendation of approval with con- ditions for a preliminary plat application by Eklard Preikschat and James Crozier of RN Parnell Company. The property is located at SE 264th Street (if extended) and 110th Avenue SE (if extended) . ZONING CODE (OTHER BUSINESS - ITEM 4A) AMENDMENT Green River Corridor Zoning Code Amendment ZCA-97-1. The Land Use and Planning Board recom- mends approval to amend Kent Zoning Code Section 15. 08 . 260. This proposed amendment would modify certain regulations in the Green River Corridor Special Interest District. This action was initiated through a regulatory review request. The City Attorney pointed out a minor technical amendment to Section 1 of the ordinance, noting that the language which was intended to be in Subsection (D) 7 (a) has instead been included in Subsection (D) 7. ORR MOVED to adopt Ordinance No. 3338 modifying certain regulations in the Green River Corridor Special Interest District, as amended. Houser seconded. Clark commented on the positive relationship between the City and 4 Kent city council Minutes February 18, 1997 STREETS improving several bus zones within the City to meet the current ADA standards. It is the recommendation of the Public Works Director to award the Kent ADA Bus Zone Improvements contract to T.F. Sahli Construction for the bid amount of $69,820.92. CLARK SO MOVED, Woods seconded, and the motion carried. (CONSENT CALENDAR - ITEM 3F) 277th Corridor Condemnation Authorization. ADOPTION of Ordinance No. 3337 relating to the 277th Corridor Condemnation. The city has been unsuccessful thus far in negotiations with two of the property owners adjacent to the 277th Corridor to grant right-of-way easements along this corridor project. It has been recommended by the Public Works Committee that the City Attorney be directed to prepare a Condemnation Ordinance and authorize condemnation on these two properties, should negotiations continue to fail. PROPERTY (CONSENT CALENDAR - ITEM 3E) Lindental Lot/277th Corridor Lot - Property Exchange. AUTHORIZATION to surplus Lot 58 of the Lindental plat for partial payment of Lot 31 plus $7, 000, as recommended by the Public Works committee. The sewer construction fund will be charged for the acquisition and the road corridor fund will be credited. The plat of Lindental was subdivided before the 277th Corridor was established and also before the area was annexed into Kent (Ramstead Annexation) . The City acquired lots of 58 and 59 before homes were built in the subdivision to preserve these areas as detention pond sites for the 277th Corridor. Design of the storm drainage detention for the Corridor has been completed and lot 58 is no longer needed. Lot 31 has not been built on and will be needed for contractor access to install a gravity sewer and force main. IMPACT FEES (OTHER BUSINESS - ITEM 4B) (ADDED BY COUNCILMEMBER ORR) School Impact Fees Ordinance. Orr stated that it was noted at today' s Planning Committee meeting that an extension of the school impact fee ordi- nance needs to be adopted in order to avoid a gap in the collection times. She MOVED to adopt Ordinance No. 3339 to extend the expiration date 3 Kent City Council Minutes February 18, 1997 ZONING CODE the business community in protecting the envir- AMENDMENT ronmental zones, and said the entire walk along the Green River in the downtown area is getting better and better. Orr' s motion then carried. INTERLOCAL (CONSENT CALENDAR - ITEM 3G) AGREEMENT Mill Creek Interlccal Agreement Extension. AUTHORIZATION for the Mayor to sign the Amendment to the Mill Creek Interlocal Agreement, as recom- mended by the Public Works Committee. This Agreement was originally adopted in 1992 by King County and the cities of Auburn and Kent. This amendment extends the duration of that agreement. Kent's share of the cost is $60, 452, for which money presently exists within the project budget. COUNCIL (CONSENT CALENDAR - ITEM 3P) (ADDED BY COUNCIL PRESIDENT HOUSER) Council Absence. APPROVAL of an excused absence from tonight's meeting for Councilmember Bennett. PARKS & (CONSENT CALENDAR - ITEM 3I) RECREATION Youth Sports Facilities Grant. ACCEPT and change budget for the $66, 989 . 00 Youth Sports Facilities Grant. By letter dated January 10, 1997, Parks Planning & Development was awarded a $66,989 . 00 Youth Sports Facilities Grant (YSFG) from King County Parks and Cultural Resources Department for improvements to Kent Memorial Park Tot Lot. (CONSENT CALENDAR - ITEM 3J) Transfer of Funds from Youth/Teen to Skate Park. Transfer of $49, 260 from the Youth/Teen budget, and accept and change the budget for the $153 from the sale of plans during Skate Park bidding. Additions to the construction contract with T.F. Sahli Construction included Change Order Number One which added the bowl area, and Change Order Number Two which added sodding, landscaping and sales tax. The $49, 260 is needed to pay off these change orders. FIRE (CONSENT CALENDAR - ITEM 3H) DEPARTMENT Live Burn Simulator Project. AUTHORIZATION to use $73 , 000 from the unallocated CIP funds toward the Live Burn Simulators project, and authori- zation for the Mayor to sign the required 5 Kent City Council Minutes February 18, 1997 FIRE addendums modifying the original contract to DEPARTMENT include Fire Administration's requests. Due to the existing fire training tower structure and the change in technology, the final design of the live burn simulators had to be modified. Fire Administration requests additional funds in the amount of $35, 000 to meet the intent of the project after it had been previously reduced in scope. Additionally, Fire Administration proposes adding back the option which deals with the flash over function on one of the simulators. This function would be less costly to add at this time, yet the overall benefit in flexibility and creating realism warrants this request. Both of these requests would enable the Fire Department to meet basic training needs of personnel and put them in a position to invite other agencies to use the system, which would assist in offsetting operational costs. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through January 31, and paid on January 31, 1997, after auditing by the Operations Committee on February 5, 1997. Approval of checks issued for vouchers: Date Check Numbers Amount 1/30/97 179130-179510 $1, 102, 429.58 1/31/97 179511-179791 1, 178 , 542. 16 $2, 280,971.74 Approval of checks issued for payroll for January 16 through January 31, 1997 and paid on February 5, 1997: Date Check Numbers Amount 2/5/97 Checks 217252-217638 $ 331, 044 . 19 2/5/97 Advices 42526-43070 766 , 104. 71 $1, 097 , 148.90 REPORTS Council President. Houser noted that there will be a workshop on February 25 at 5: 00 p.m. Operations Committee. Johnson noted that the Committee will meet at 4 : 30 p.m. on February 19. 6 Kent City Council Minutes February 18, 1997 REPORTS Public Works Committss. Clark noted that the Committee will meet at 3 : 30 p.m. on February 19. Planning Committee. Orr noted that the next meeting of the Committee will be at 4 : 00 p.m. on March 18 . Administrative Reports. McFall announced that the new Government Affairs Manager will be Dena Laurent Sorenson. ADJOURNMENT The meeting adjourned at 7 : 12 p.m. X2Brenda Jac er CMC City Cler 7 Kent City Council Meeting Date March 4 . 1997 Category Consent Calendar 1. SUBJECT: SPRINGWOOD SUBSTATION LEASE - RENEWAL 2 . SumMMY STATEMENT: Authorization for the Mayor to sign the Springwood Substation lease agreement renewal for the term of December 11 1996, through November 30, 1997 . All terms remain the same. No costs are involved. 3 . EXHIBITS: Lease agreement 4. RECOMMENDED BY: Staff and Public Safetv Committee 2/18/97 (3-01 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3C TENT POLICE DEPARTMENT MEMORANDUM TO: MEMBERS OF THE PUBLIC SAFETY COMMITTEE Jim Bennett, Chair Tim Clark Leona Orr FROM: Ed Crawford, Chief of Police DATE: February 12, 1997 RE: Springwood Substation Lease Agreement Renewal Attached for your review is a copy of the Springwood Substation Lease Agreement which is up for renewal. All terms remain the same. The agreement does, however, require the signature of the Mayor. We ask that the Public Safety Committee approve our request for the Mayor to sign the Lease Agreement Renewal and ask that the issue be placed on the March 4, 1997, City Council Consent Calendar for approval by full Council. klr bKING COUNTY HOUSING AUTHORITY SOUTHEAST AREA 27360 - 129TH PLACE SE •KENT, WASHINGTON 98031-8922 PHONE(206)631-3320 FAX (206) 630-0787 January 22, 1997 Chief Ed Crawford Kent Police Department 220 Fourth Avenue South Kent, WA 98032-5895 Dear Chief Crawford, Attached is the new Springwood Substation lease for signature. We are grateful that your agency caught the fact that it was out of date and needed to be renewed. Thanks for being on top of it! As soon as it is signed and sealed, please have it returned to me for signature by our Executive Director, Stephen Norman. A signed copy will then be returned to you. Sincerely, Deanna L. Briese Drug Elimination Grant Coordinator LEASE AGREEMENT THIS LEASE AGREEMENT, dated 19_(for reference purposes only), is made by and between King County Housing Authority. a Municipal Corporation, (hereinafter called Lessor and The City of Kent,a Municipal Corporation of the State of Washington(hereinafter called Lessee): WITNESSETH: 1. Premises: Lessor does hereby agree to lease to Lessee for use as a Police Substation those certain premises comprising approximately 850 square feet, shown outlined in red on Exhibit A attached hereto,situated in Kent.Washington and legally described as follows Unit#402346 - 13125 274th Street in the Springwood Apartments (27360 129th Place SE, Kent, WA 98031) 2. Term: 2.1 The Lease shall begin on December I, 1996, and continue until November 30, 1997, regardless of the date executed,or sooner if the Contract for Social Services between the parties executed on the above date hereto is sooner terminated or if otherwise terminated as provided for in this lease agreement. 2.21f Lessor cannot deliver possession of die premises to Lessee on the above commencement date, provided that delivery of premises can be made within a reasonable time frame, this lease shall not be void or voidable;but, in that event,there shall be a proportionate reduction of rent covering the period between the above commencement date and the time when Lessor can deliver possession. 3. Rent:No rent shall be paid. The consideration will be public services. 4. Taxes and Utilities: Lessor shall pay the cost of reasonable utilities including heat, lights, water, sewer and garbage. Lessee shall be responsible for using all utilities in an energy conservative manner, including ensuring that the heat and lights are turned down/off when the space is not being utilized. Telephone service,if desired,shall be provided at the sole cost and expense of Lessee. 5. Maintenance/Damaees: Lessee shall provide janitorial services to the leased premises and shall maintain the premises in a reasonable state of cleanliness and repair. Lessee shall be responsible for any and all damages to the leased premises resulting from its activities beyond ordinary and reasonable wear and tear. Lessor shall present Lessee with an itemized bill for such repairs for which Lessor believes Lessee to be responsible. Lessee shall agree to pay or secure a mutually agreeable payment schedule within thirty (30)days of the written receipt of the amount owing. Lessor agrees to maintain and repair the roof, outside walls,floors and structural part of said premises,provided that any damage to the roof, outside walls, floors or structure caused by acts of the Lessee, its agents or invitees, shall be repaired by the Lessor and billed to the Lessee. 6. Improvements/Alterations: No alterations or remodeling to or upon the premises shall be made. 7. Siens: Lessor shall provide directional signs for Lessee in die lobby and at the premises,as mutually agreed upon. All other signs placed by Lessee on or about the premises shall be subject to Lessor's prior written approval. 8. Fixtures: All fixtures attached to the premises solely by the Lessee may be removed by the Lessee at any time provided (a) that the Lessee shall restore the premise to their condition prior to the installation of the fixtures,normal wear and tear excepted;(b)the Lessee shall not then be in default;and(c) that the removal will be made on or before the expiration of the term or any extension thereof. 9. Indemnity and Hold Harmless: Lessor and Lessee mutually agree that in any and all causes of action and/or claims, or third party claims, arising under the terms, activities, use and for operations of this Lease, including the leased premises, each party shall be responsible to the other only to the extent of each other's comparative fault in causing alleged damages or injuries. Notwithstanding the provisions of 12 (below), each party agrees to indemnify the other to the extent of the indemnitor and indemnitee's proportional share. As to any and all causes of actions and/or claims,or third-party chins,arising under the sole fault of a party to this Lease,said party shall have a duty to defend,save,and hold the other party harmless,and upon failure to do so, said party shall pay reasonable attorney's fees, costs and expenses incurred by the other party to this Lease in defense of said claims and/or actions. 10. Insurance: The Lessor acknowledges, accepts, and agrees that the Lessee is a member of the Washington Cities Insurance Authority (WCIA), which is a self funded pool that provides liability protection for numerous municipalities in the State of Washington, and Lessee will provide a synopsis of coverage by WCIA upon request of the Lessor. it. Arbitration: Lessor and Lessee agree that should any dispute arise concerning this lease both parties shall submit to binding arbitration. 12. Sublettine and Assignment: lessee shall not sublet the whole or any part of the premises, nor assign this lease or any interest thereof, without the prior written consent of the Lessor, which consent shall not be unreasonably withheld. 13. Damaee or Destruction: In the event the premises are damaged to such an extent as to render them untenantable in whole or in part and Lessor elects to repair or rebuild, the work shall be prosecuted without unnecessary delay. Rent shall be abated while such work is in progress,in the same ratio that the portion of the leased premises that is unfit for occupancy shall bear to the whole of the leased premises. If after a reasonable time the Lessor shall fail to proceed to repair or rebuild, Lessee shall have the right to declare this lease terminated by written notice served on the Lessor. In the event the building, in which the leased premises are located,shall be destroyed or damaged to such extent that in the opinion of the Lessor it shall not be practical to repair or rebuild, it shall be optional with Lessor to terminate this lease by written notice to Lessee within twenty days after such damage or destruction. 14. Liens: Lessor and Lessee shall keep the premises and the building in which the premises are situated free from any liens arising out of any work performed, materials fumished, or obligations incurred by Lessee or Lessor. 15. Rieht of Entry: Lessor reserves and shall at any and all reasonable times have the right to enter the premises, inspect the same,to show the premises to prospective purchasers,mortgagees,or tenants, and to repair the premises and any portion of the building of which the premises are a part an may for the purpose erect scaffolding and other necessary structures when reasonably required by the character of the work performed, all as providing that the entrance to the premises shall not be blocked thereby, and further providing that the business of Lessee shall not be interfered with unreasonably. Except for emergencies, Lessor shall give ten(10)days'notice before entry to repair the premises. For each of the aforesaid purposes, Lessor shall at all times have and retain a key with which to unlock all of the doors, in, upon, and about the premises, excluding Lessee's vaults, safes, and files, and Lessor shall have the right to use any and all means which Lessor may deem proper to open said doors in an emergency, in order to obtain entry to the premises without liability to Lessee except for any failure to exercise due care for Lessee's property. Any entry to the premises obtained by Lessor by any of said means or otherwise shall not under any circumstances be construed or deemed to be forceful or unlawful entry into, or a detainer of the premises, or an eviction of Lessee for the premises or any portion thereof provided said entry relates to emergency purposes as aforesaid. Lessee agrees to allow"to lease" signs of reasonable size to be placed in and remain upon the exterior or interior of the premises during the last ninety days of the lease term. 16. Hazardous Substances: 16.1 Lessor and Lessee mutually agree that no generation, use, release,handling,transportation,treatment or storage of hazardous substances(Hazardous Substances)exist on the premises. Lessor acknowledges and fully discloses that the premises contain no Hazardous Substances as defined by applicable law. Upon the execution of this lease, if Lessor subsequently discovers the existence of Hazardous Substances on the premises, Lessor shall disclose this material fact and act within full compliance of all applicable laws, regulations and safety practices governing Hazardous Substances. Lessor and Lessee further mutually agree that in any and all causes of action and/or claims, or third-party claims,arising under the terms,activities, use and/or operations of this lease,each party shall be responsible, to the extent of each other's comparative fault in causing the alleged damages or injuries. Notwithstanding paragraph twelve (above), each party agrees to indemnify, defend and hold harmless Lessor or Lessee, its appointed and elected officials, employees, from and against any and all claims, liabilities, damages, and expenses, including reasonable attorneys fees, asserted against Lessor or Lessee by a third party, including without limitation, any agency or instrumentality of the federal government, state or local government, for bodily injury, including death of a person, physical damage to or loss of use of property, or clean-up activities (including but not limited to investigation, study, response, remedial action, or removal), fines or penalties arising out of or relating to the presence, release, or threat of release of a Hazardous Substance existing or emanating from the premises, except that which existed or emanated from the premises prior to Lessee's possession of the premises or to the extent caused by the act or omission of Lessor. 16.2 Definition of Hazardous Substances: "Hazardous Substances" as defined in this lease shall mean: a. Any toxic substances or waste, sewage, petroleum products, radioactive substances, medicinal,bacteriological,or disease-producing substances;or b. Any dangerous waste,hazardous waste,or hazardous substance as defined in: i. Comprehensive Environmental Response, Compensation and Liability Act of 1980, as now or hereinafter amended(42 U.S.C.�9610 et seq.); ii. Resource Conservation and Recovery Act, as now or hereafter amended (42 U.S.C. 6901 et seq.); iii. Washington Model Toxics Control Act, as now or hereinafter amended (R.C.W. Chs. 70.105, 70.105A and 70.105D);or C. Any pollutant,contaminants,substances,as defined above,posing a danger or threat to public health or welfare, or to the environment, which are regulated or controlled by any federal, state and local laws,and regulation,as now or hereafter amended. l7. Waiver of Subroention: Lessor and Lessee agree that they shall not make a claim against or seek recovery from the other for any loss or damage to their property, or the property of others, resulting from fire or other hazards covered by fire and extended coverage insurance and each hereby releases the other from any such claim or liability regardless of the cause of such loss or damage so covered by insurance. In the event of any increased cost or impairment of ability to obtain such insurance,the party suffering such increased cost or impairment may terminate such waiver and release upon written notice to the other party hereto. Such waiver is conditioned upon the parties having had their respective insurance companies issue a policy or endorsement providing that the waiver or release of subrogation rights shall not adversely affect or impair such policies or recovery by the insured thereunder. 18. Eminent Domain: Should the premises or any portion thereof be taken for public use by right of eminent domain with or without litigation, any award for compensation and/or damages, whether obtained by agreement prior to or during the time of trial, or by judgment or verdict after the trial, applying to the leasehold estate created hereby other than that portion of said award,if any, based upon a taking of the Lessee's leasehold improvements or affixtures, shall belong and be paid to Lessor, and Lessee hereby assigns, transfers, and sets over to Lessor all of the right, title, and interest which it might otherwise have therein. In the event that the portion of the premises so taken shall be more than twenty-five percent(25%) of the entire area leased by Lessee, Lessee shall have the option, to be exercised by written notice given to Lessor within thirty (30) days after the date of notice taking, to terminate this lease or relocate at Lessor's expense. If either less or more than twenty-five percent(25%)of the premises is taken and the Lessee does not elect to terminate as herein provided, the rental thereafter to be paid shall be reduced in the same proportion as the amount of leased floor space is reduced by such taking, and Lessor shall make such reconstruction of the premises as may be required. 19. Holding-Over: If, with Lessor's written consent, which such consent shall not be unreasonably withheld. Lessee holds possession of the premises after the term of this lease or any extension thereof,Lessee shall become a tenant from month-to-month upon the terms herein specified,but at a monthly rent equivalent to the then prevailing rent payable by Lessee at the expiration of the term of this lease or any extension thereof and subject to the continued application of the previsions of paragraph four and five herein, payable in advance on the first day of each month. 20. Surrender of Premises: At the end of the tens of this lease or any extension thereof or other sooner termination of this lease, Lessee will peaceably deliver up to Lessor possession of the premises in the same condition as received, except for ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone,and Lessee will deliver all keys to the premises to the Lessor. In addition, Lessee at Lessee's expense will remove Lessee's goods and effects and trade fixtures, and those of all persons claiming under Lessee,and Lessee will repair any damage resulting from such removal. 21. Costs and Attorney's Fees: If, by reason of any default or breach on the part of either party in the performance of any of the provisions of this lease, a legal action is instituted, the losing party — agrees to pay all reasonable costs and attorneys fees in connection therewith. it is agreed that the venue of any legal action brought under the terms of this lease will be in the county in which die premises are situated. 22. Subordination: If a lender requires that this lease be subordinated to any encumbrance now of record or any encumbrance recorded after the date of this lease, this lease shall be subordinated to that encumbrance, if Lessor first obtains from the lender a written agreement that provides substantially the following: 22.1 As long as Lessee is not in default under this lease, no foreclosure of, deed given in lieu of foreclosure of, or sale under the encumbrance, and no steps or procedures taken under the encumbrance,shall affect Lessee's rights under this lease. 22.2 The provisions in this lease concerning the disposition of insurance proceeds on destruction of the premises, and the provisions in this lease concerning the disposition of any condemnation award shall prevail over any conflicting provisions in the encumbrance, 22.3 Lessee shall attom to any purchaser at any foreclosure sale, or to any grantee or transferee designated in any deed given in lieu of foreclosure. 22.4 Lessee shall execute the written agreement and any other documents required by the lender to accomplish the purposes of this paragraph. 23. Successors and Assigns: All of the agreements, conditions and provisions of this lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of Lessor and Lessee. 24. Anti-Discrimination: In all services or activities, and all hiring or employment made possible by or resulting from this lease, there shall be no discrimination against any employee or applicant for employment because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status, sexual orientation, or the presence of any sensory, mental, or physical handicap,unless based upon a bona fide occupational qualification. This requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Lessor shall not violate any of the terms of R.C.W. 49.60, Title VII of the Civil Rights Act of 1964 or King County Code 12.16.020. Any violation of this provision shall be considered a violation of a material provision of this lease and shall be grounds for cancellation, termination, or suspension, in whole or in part, of the lease and may result in ineligibility for further agreements. The Lessor will also comply with other anti-discrimination laws or requirements of any and ail jurisdictions having authority 25. Ouiet Enioyment: Lessor covenants and agrees that Lessee, upon performance of all Lessee's obligations under this lease, shall lawfully and quietly hold, occupy and enjoy the premises during the term of this lease without disturbance by Lessor or by any person having title paramount to Lessor's title or by any person claiming under Lessor,subject to the other terms and provision of this lease and subject to all mortgages,underlying leases and other underlying matters of record to which this lease is or may become subject to and subordinate. 26. Notices: All notices by either party to the other shall be in writing and may be delivered personally or by certified or registered mail to the following addresses: To Lessee: Kent Police Department 220-4th Avenue South Kent,Washington 98032-5895 To Lessor: King County Housing Authority 15455 65th Avenue South Seattle, Washington 98188 or at such other address as either party may designate to the other in writing from time-to-time. 27. , Time: Time is of the essence of this lease and of each and all of the agreements,conditions, and provisions herein. 28. Entire Agreement: This lease contains all covenants and agreements between Lessor and Lessee relating in any manner to the leasing, occupancy and use of the premises and lessee's use of the building and other matters set forth in this lease. No prior agreements or understanding pertaining to the same shall be valid or of any force or effect and the covenants and agreements of this lease shall not be altered,modified or added to except in writing signed by Lessor and Lessee. 29. Interpretation - State Law: The titles to paragraphs of this lease are for convenience only and shall have no effect upon the construction or interpretation of any part hereof. This lease shall be governed by the laws of the State of Washington. 30. Severability: The unenforceability, invalidity, or illegality of any provision of this lease shall not render the other provisions unenforceable,invalid or void. 31. Representations: Lessor shall be in no way responsible for the acts of the Lessee, its members, agents or guests and no member, officer, employee, other agent or invitee of Lessee shall be considered agents of Lessor for any purpose. 32. Addenda: Any addendum attached hereto and either signed or initialed by the Lessor and Lessee shall be deemed a part hereof IN WITNESS WHEREOF,the Lessor and Lessee have executed this lease on the dates specified below. LESSEE: The City of Kent gy. Date: Name: Jim White Tide: Mayor LESSOR: King County Housing Authority By: Date: Name: Stephen Norman Title: Executive Director APPROVED AS TO FORM ONLY: By: Date: STATE OF WASHINGTON ) )SS COUNTY OF KING ) I certify that signed this instrument,on oath stated that he was authorized by the King County Executive to execute the instrument,and acknowledged it as the of King County,Washington to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Date: NOTARY PUBLIC in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day personally appeared before me tome]mown to be the of the Corporation that executed the foregoing instrument- and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and that he was authorized to execute the said instrument. GIVEN under my hand and official seal this day of.]9_ NOTARY PUBLIC in and for the State of Washington residing at My appointment expires Kent City Council Meeting Date March 4 , 1997 Category Consent Calendar 1. SUBJECT: SENIOR CENTER ROOF REPLACEMENT - BUDGET ADJUSTMENT 2 . SUMMARY STATEMENT: As recommended by the Operations Committee at their February 19, 1997 meeting, authorization to proceed to bid and establish a budget of $150, 000 for the Senior Center Roof Replacement project. This is to be funded with a transfer of $60,000 from the unused Kent Commons roof project with the balance of $90,o00 to come from the CIP fund balance. 3 . EXHIBITS: Memos from May Miller, Finance Director and Charlie Lindsey, Facilities Manager 4 . RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: $60 000 from unused Kent Commons roof project and $90 000 from the CIP fund balance 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3D Memo Date: February 14, 1997 To: Operations CommitteeLI ��`�� From: May Miller, Director of Finance \`^ . Subject: Senior Center Roof Replacement - Budget Authorization is requested to establish a budget of$150,000 for a replacement roof for the Senior Center. We have continued to have more and more problems with roof leaks and repairs on the Senior Center roof. I have attached Charlie Lindsey's memo describing the consultant's recom- mendations and possible reasons for the roof failure. He also outlines the solutions, the warranty on the new roof, and the inspections we will have to make sure the roof materials are as specified and applied per specifications. To offset the cost, we would like to transfer the $60,000 remaining from the Kent Commons roof project. The consultant determined that repairs could resolve Commons' problem and extend the Commons' roof life another four years. We feel the funds could be better used on the more serious Senior Center roof problems. We request that the balance of$90,000 come from the unanticipated CIP fund balance. This will ensure that we protect our long term assets at the Senior Center. Council Action: Authorizization to proceed and establish a budget of$150,000 to be funded with a transfer of $60,000 fromt he unused Kent Commons roof project with the balance of$90,000 to come from the CIP fund balance. Memorandum To: Mayene Miller, Finance Director CC: Brent McFall, Director of Operations John Hodgson, Director of Park & re 'on From: Charlie Lindsey, Facilities Manage Date: February 11, 1997 Subject: Senior Center Reroof Project Last summer a roofing consultant suggested that we did not need to reroof Kent Commons but should do some repairs there and focus our efforts on reroofing the Senior Center because it's roof has failed. The Senior Center is a ten year old building and it is difficult to understand why it would need to be reroofed after such a short time. The consultant believes that since it was a bid situation the contractor got a good deal on a product that had not been fully field tested. Many of this type of roof has failed and the manufacturer is no longer in business so there is no warranty on the materials. This roof has been leaking for 5-7 years. Since I have had responsibility for the building we have had a roofing company out for repairs at least 12 different times and I feel confident that when it starts to rain again I will be calling them to do more repairs. The consultant feels that the solution to our problem is a total tear-off and replacement of the roof. Additionally, he determined that the siding around the cupola was rotted in several areas and should be replaced and that some of the concrete tiles had cracked and broken creating additional leaks. We will be using a better quality of material and can expect a life of 15 to 20 years if the roof is maintained regularly. There will be a 10 year warranty on materials with a 2 year warranty on workmanship. The consultant will also be providing inspection services to ensure that the materials are as specified and are applied per the specifications. I asked the consultant to estimate the cost of this undertaking and he has come back with the following estimate: Roof replacement $111,000 (11,100' @ $10/sq ft) Inspection 7,000 Specification Preparation 5,000 Contingency 16,621 $139,621 Washington Sales Tax 11,449 Total $150,000 1 am requesting a budget of$150,000 be established to complete this project in 1997. Kent City Council Meeting Date March 4 . 1997 Category Consent Calendar 1. SUBJECT: KENT MARKET TRANSFER AGREEMENT - AUTHORIZATION 2. SUMMARY STATEMENT: As recommended by the Parks Committee, authorization for the Mayor to sign an agreement for the transfer of the Kent Market from the City of Kent Downtown Partnership in a form substantially similar to the proposed agreement. 3 . EXHIBITS: Agreement 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3E AGREEMENT FOR TRANSFER OF THE KENT MARKET This Agreement is made and entered into the date fully executed below, between the CITY OF KENT, a Washington municipal corporation, (hereinafter "City"), and KENT DOWNTOWN, a Washington non-profit corporation, dba Kent Downtown Partnership, (hereinafter "KDP"), whose address is P.O. Box 557, Kent, Washington 98032. RECITALS WHEREAS,prior to the 1995 market season,the City of Kent operated and managed the Kent Saturday Market, now known as the Kent Market (hereinafter "Market"); and WHEREAS, on November 2, 1994, the City of Kent entered into a management agreement with KDP whereby KDP would manage the day-to-day operations of the Market beginning with the 1995 market season; and WHEREAS, KDP has asked the City to transfer ownership of the Market to KDP with the City having a"right of first refusal" to take back ownership and management of the Market at such time KDP desires to assign its interest in the Market or desires to stop managing the same; and WHEREAS, KDP further desires to contract with the City for the use of the City's parking lot currently utilized by the Market as well as for the services currently provided to the Market by the City; NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the City and KDP as follows: I. TERMINATION OF AGREEMENT The Agreement for Management Services, executed November 2, 1994, attached hereto as Exhibit A and incorporated by reference, is hereby terminated effective upon execution of this Agreement. The parties agree that all payment obligations between the parties set forth in Exhibit A have been fully satisfied for the 1996 season, and that neither party currently owes the other party any monies under this Agreement for management services. II. TRANSFER OF INTEREST IN THE MARKET In consideration of KDP's assumption of all liability and responsibility for ownership and operation of the Market, the City of Kent hereby transfers to KDP any and all interest it has in the Market to KDP. Included in this transfer are the umbrellas, tables, and other equipment used for the Market and/or stored in the storage shed situated upon the City parking lot utilized by the Market for its operations located between Third and Fourth Avenue abutting Smith Street ("parking lot") more particularly identified in Exhibit B attached hereto and incorporated by this reference. KDP agrees to assume all responsibility and liability for the operation and management of the Market. KDP further agrees to continue to operate the same for the purpose of providing a community market place for the display and sale of vendor wares. III. RIGHT OF FIRST REFUSAL KDP hereby grants the City the right of first refusal to assume ownership and management of the Market in the event that KDP (1) no longer desires to own and operate the Market; or (2) desires to transfer or assign its interest and/or management responsibility in the same. The City shall, within a reasonable time, respond to any offer made by KDP to the City to assume ownership and management responsibility in the Market. The City, however, is under no obligation to assume ownership and management of the Market. In the event the City exercises its right at first refusal, it is not obligated to assume and compensate KDP for any assets acquired by KDP (including but not limited to buildings or equipment) or assume any liabilities incurred by KDP as a result of its ownership and management of the Market. In other words, the City may relocate the Market and assume ownership and operation without the acquisition from KDP of after-acquired property or equipment. In the event the City decides to acquire assets from KDP, the parties will negotiate any purchase separately and outside the City's right to assume ownership of the Market. IV. USE OF CITY PARKING LOT AND SERVICES KDP desires to operate the Market on the City parking lot currently utilized by the Market until such time as KDP obtains other facilities for the Market, as well as to secure certain services that had been provided by the City to the Market, more specifically: garbage service, portable toilet services, electricity, water, general maintenance and cleaning of the parking lot, and installation of street and sign banners. The parties agree that they will enter into a separate agreement for use of the parking lot and for the provision of services. The parties further acknowledge and agree that the City is under no obligation to provide the parking lot and/or services to the Market and that the Market is under no obligation to contract for the same. 2 V. STATUS OF KDP KDP's ownership and management of the Market is that of an independent entity and not as an agent or employee of the City. KDP shall not be subject to any oversight or supervision by the City or an employee or agent of the City. KDP's ownership and management of the Market shall not create any agency status with the City. The only relationship the City will have with KDP with respect to The Market will be that as a facilities and service provider as may be established by any service contract between the parties. VI. INDEMNIFICATION KDP shall indemnify,defend,and hold harmless the City,its officers,agents,employees, and volunteers from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury (including death) received by any reason of or in the course of performing work which may be occasioned by any willful or negligent acts or omissions of KDP, any of KDP's employees, agents,volunteers, or any of its subcontractors, arising out of KDP's ownership, operation, and management of the Market. VIL ENTIRE AGREEMENT The written provisions and terms of this Agreement shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement, any addenda attached hereto, and all related documents, if any, which may or may not have been executed prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth at length herein. VIII. WAIVER AND MODIFICATION No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City or KDP. IX. ASSIGNMENT Any assignment of this Agreement by the KDP without the written consent of the City shall be void. 3 X. WRITTEN NOTICE All communications regarding this Agreement should be sent to the parties at the addresses below, unless notified to the contrary. Any written notice hereunder shall become effective on the date personally served or, if mailed, as of the date of mailing, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may hereafter be specified in writing. XI. GOVERNING LAW This Agreement shall be governed by the laws of the State of Washington. XII. RESOLUTION OF DISPUTES Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor for review and a determination. If the dispute, misunderstanding or conflict between the City and KDP cannot be resolved by the City's determination within a reasonable time,jurisdiction of any resulting litigation shall be with the Superior Court of King County, Washington. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. KENT DOWNTOWN PARTNERSHIP CITY OF KENT By, By: KENT DOWNTOWN PARTNERSHIP JIM WHITE, MAYOR P.O. Box 557 220 Fourth Avenue South Kent, Washington 98032 Kent, Washington 98032 Dated: Dated: APPROVED AS TO FORM: ATTESTED: ROGER A. LUBOVICH BRENDA JACOBER (SEAL) City Attorney City Clerk U'.\DOCIF IL ES%94PK009012KDP.CON 4 AGREEMENT FOR MANAGEMENT SERVICES This Agreement is made and entered into the date fully executed below, between the CITY OF KENT, a Washington municipal corporation, (hereinafter "City" ) , and KENT DOWNTOWN PARTNERSHIP, a non-profit organization, (hereinafter "Contractor" ) , located at P .O. Box 557 , Kent, Washington 98035-5557 . RECITALS WHEREAS, the City desires to retain management services to assist in the operation of the Kent Saturday Market as directed by the City Council ; and WHEREAS, Contractor agrees to perform these services and the other services described in this Agreement under the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the City and Contractor: SECTION ONE DESCRIPTION OF WORK Contractor will perform management services on behalf of the City with respect to all matters relating to or affecting the Kent Saturday Market, as authorized by the Kent City Council at Page 1 of 13 EXHIHIT.a its regularly scheduled meeting of November 1, 1994 . Contractor shall perform the work in accordance with all applicable state, federal and City laws, consistent with accepted practices for other similar services, and substantially in every respect to the direction and approval of the Mayor, within the time specified herein, and in accordance with any instructions and information contained in this Agreement . Contractor shall perform the following duties in conjunction with its services : General Duties• 1 . Contractor will operate the Kent Saturday Market for five years beginning with the 1995 season (May - October) as set forth in its proposal attached hereto as Attachment A. The parties hereto may, by written agreement, extend the term of the season, and therefore the term of this Agreement, beyond the period set forth herein. The Contractor and City of Kent will evaluate annually Contractor' s performance of the contract hereunder and changes to the Market program as established by the city to determine whether or not to modify the contract . 2 . Contractor will use and maintain the City of Kent ' s Saturday Market equipment house, portable toilets, electricity, water, garbage collection and barricades at the municipal parking lot on 2nd Avenue and Smith Street . The City of Kent will be identified as a co-sponsor of the Saturday Market by providing facilities and equipment for Saturday Market operations . Page 2 of 13 3 . Contractor shall maintain the market in a professional manner upholding the integrity, a positive City image, quality standards and vendor guidelines established by the market advisory board pursuant to the Saturday Market Vendor Handbook currently in effect and as hereinafter amended. Other Duties• Contractor shall manage the Saturday Market operations under the following guidelines : A. Contractor shall attend regular Saturday Market advisory board meetings and maintain a cooperative working relationship with the established Kent Saturday Market Advisory Board. B . Contractor will pay all maintenance and operation costs associated with the Saturday Market . C. Provide key paid staff on-site at all times during the operation of the market . D. The market shall operate on all dates and hours established by the market advisory board. E. Professional staff are to be fully committed and dedicated to the market program and to provide courteous service to all vendors and market patrons . F . Established rules, regulations and guidelines must be maintained to protect the interests and safety of the vendors and citizens . G. A friendly, family oriented atmosphere shall be maintained at the Saturday Market . Page 3 of 13 H. Contractor will assist in implementation of the Saturday Market 5-year vision plan for the expansion and future development of the Saturday Market . I . Contractor will maintain established rapport with businesses, schools, organizations, community groups and the media . J. Contractor will actively promote the Saturday Market . K. Contractor shall maintain accurate vendor records and updated mailing lists and market operation statistics . L. Contractor will actively pursue new vendor recruitment and maintain the market ' s base of long time and full season vendors . M. Contractor will provide a monthly report on the status of its market operations to the Kent Parks and Recreation Department . The City of Kent will provide a liaison representative to consult and resolve market issues as needed. SECTION TWO TERM The term of this Agreement shall be for a period of five years, beginning January 1, 1995 , unless sooner terminated as provided for herein. SECTION THREE COLLECTION OF FEES AND FINANCIAL REPORTING 1 . Collection of Fees. Contractor shall collect for and on behalf of the City all vendor and booth rental fees and all Page 4 of 13 other fees in strict accordance with the guidelines established by the City unless other instructions are given to Contractor. Contractor shall weekly prepare deposit slips and make available all fees collected together with appropriate paperwork for deposit into a bank designated by the Finance Director pursuant to City cash handling policies . Contractor shall also provide on a weekly basis an accounting of funds on a City provided form. Contractor shall be responsible for any loss or theft of City funds while the same are in its possession or control . Contractor shall follow City' s cash handling procedures and shall be liable to the City for its lost revenues under this agreement for failure to do so. Cash herein shall mean currency, checks, credit and other similar means of financial transactions . 2 . Records and Accounts. The Contractor shall install and maintain a system of records and accounts of fees and gross revenues from all sources from which the amounts collected can be readily ascertained. Within thirty (30) days of the end of each fiscal quarter the Contractor shall provide the City with a copy of the Contractor' s Financial Report which shall include an income statement and a balance sheet . At the end of the fiscal year the Contractor shall provide the City with a copy of its Corporate or individual Income Tax return. The Contractor shall permit the City, at any time during business hours, through its designated representatives, to inspect such accounts and all other business records concerning Saturday Market operations . Page 5 of 13 3 . Taxes. Contractor shall collect and remit to the City all appropriate sales tax. City shall report and remit to the appropriate authorities the sales tax collected. SECTION FOUR TIME DEVOTED TO WORK In the performance of the services described herein, the Contractor shall have control over the number of hours devoted to the work as is reasonably necessary to fulfill the spirit and purpose of this Agreement . The Contractor agrees to begin work upon execution of this Agreement by both parties and shall carry the work forward according to the direction given as provided herein and Contractor agrees to perform the work as expeditiously and efficiently as possible . SECTION FIVE PAYMENT In consideration of the Contractor undertaking the responsibilities outlined in this Agreement , City agrees to pay to Contractor as follows : 1 . The sum of twenty-five thousand dollars ($25 , 000 . 00) per year for each year this contract is in effect, which payment shall be made in five equal installments due March 1, April 1, May 1, June 1 and July 1 of each year. 2 . In addition to paragraph 1 above, the City agrees to pay up to 8001 of gross Saturday Market revenues received exceeding $25 , 000 . 00 as follows : Page 6 of 13 a . City shall retain 2001 of gross Saturday Market revenues received over $25, 000 . 00 or $5 , 000 . 00 , whichever is greater, and the balance of said revenues received shall be paid to Contractor. b . Payment shall be made following close of the market season after a complete accounting is received by the City from Contractor. SECTION SIX TERMINATION The parties agree that either party may terminate this Agreement without cause upon sixty (60) days written notification to the other party. In the event of termination by the City, then the City shall pay for all services performed by the Contractor to the effective date of termination, and the City may thereafter take possession of all records and data pertaining to this project within Contractor' s possession. SECTION SEVEN COSTS OF BREACH All costs incurred by the City due to Contractor ' s failure to comply with the terms and conditions of this Contract shall be the responsibility of the Contractor. The City may deduct its costs from any payments due to the Contractor or pro-rate the contract amount based upon the actual time of Contractor' s performance compared to the contracted performance schedule . Page 7 of 13 SECTION EIGHT STATUS OF CONTRACTOR This Agreement calls for the performance of the services of the Contractor as an independent contractor and Contractor will not be considered an employee of the City for any purpose . The Contractor and/or its subcontractor (s) shall secure at its own expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation, Worker' s Compensation, and all other payroll deductions for the Contractor and its officers, agents and employees and the costs of all business licenses, if any, in connection with the services to be performed hereunder. Contractor will be solely responsible for his acts and the acts of Contractor' s agents, employees, servants, and subcontractors during the performance of this contract . SECTION NINE DISCRIMINATION In the hiring of employees for the performance of work under this Agreement or any subcontract hereunder, the Contractor, its subcontractors or any person acting on behalf of such Contractor or subcontractor shall not, by reason of race, religion, color, sex or national origin discriminate against any person who is qualified and available to perform the work to which the employment relates . Page 8 of 13 SECTION TEN WORKER'S COMPENSATION Contractor agrees to maintain, at Contractor' s expense, Worker ' s Compensation at the limits required by the State of Washington, to fully protect both Contractor and the City from any and all claims for injury or death arising from the performance of this Agreement . SECTION ELEVEN INDEMNIFICATION Contractor shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury (including death) received by reason of or in the course of performing work which may be occasioned by any willful or negligent act or omissions of the Contractor, any of Contractor' s employees, or any of its subcontractors . SECTION TWELVE INSURANCE Contractor shall procure and maintain for the duration of this Agreement comprehensive general liability and automobile insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, Page 9 of 13 representatives, employees or subcontractors . The cost of such insurance shall be borne by Contractor. Contractor shall maintain limits on such insurance in the amount of $1, 000 , 000 combined single limit per occurrence/accident for bodily injury, personal injury and property damage, or such other amounts as may be acceptable to the Mayor. Contractor agrees to provide the City with certificates evidencing the required coverage before Contractor begins work on the project described in this Agreement . SECTION THIRTEEN OWNERSHIP OF RECORDS AND DOCUMENTS Original documents, drawings, designs and reports developed under this Agreement shall belong to and become the property of the City. All written information submitted by the City to the Contractor in connection with the services performed by the Contractor under this Agreement will be safeguarded by the Contractor to at least the same extent as the Contractor safeguards like information relating to its own business . If such information is publicly available, is already in Contractor' s possession or known to it, or is rightfully obtained by the Contractor from third parties, Contractor shall bear no responsibility for its disclosure, inadvertent or otherwise . Page 10 of 13 SECTION FOURTEEN ENTIRE AGREEMENT The written provisions and terms of this Agreement shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement or the Agreement documents . The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement, any addenda attached hereto, and all bid related documents, if any, which may or may not have been executed prior to the execution of this Agreement . All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth at length herein. SECTION FIFTEEN WAIVER AND MODIFICATION No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City or Contractor . SECTION SIXTEEN ASSIGNMENT Any assignment of this Agreement by the Contractor without the written consent of the City shall be void. Page 11 of 13 SECTION SEVENTEEN WRITTEN NOTICE All communications regarding this Agreement should be sent to the parties at the addresses below, unless notified to the contrary. Any written notice hereunder shall become effective on the date personally served or, if mailed, as of the date of mailing, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may hereafter be specified in writing. SECTION EIGHTEEN GOVERNING LAW This Agreement shall be governed by the laws of the State of Washington. SECTION NINETEEN RESOLUTION OF DISPUTES Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor for review and a determination. If the dispute, misunderstanding or conflict between the City and Contractor cannot be resolved by the City' s determination within a reasonable time, jurisdiction of any Page 12 of 13 resulting litigation shall be with the Superior Court of King County, Washington. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. KENT DOWNTOWN PARTNERSHIP THE CITY OF KENT 7 2 By By JERRY PROUTY, PRESIDENT JI WHITE, bIAYOR L, P .O . Box 557 220 Fourth Avenue South Kent , Washington 98035-5557 Kent , Washington 98032 Dated: /Z' "/�' l/ Dated: Approved as to form: Roger A. Lubovich City Attorney Attest : City Clerk kentdntn.con Page 13 of 13 U) �_ = 3nN3AV 31V1Sul El Ji zi u r H 'N 3nN3AV"IVU1N3Otu a co 'iQ u W z Ir uj twu E 0 uW El El N 3nN3AV C7VOU-lIVU O F ------ ui ui ui t '�II'd fl9$!O fSN�fillp uollelS UU ❑ 118P4 aao" ❑ 3nN3AV 1SUlJ M�o 3nN3cAV ON003S • U 1lu- W lu ><a U w " I- w IV ❑ 51 H Z w III l �, v/ 0 vI m \ Q [i ¢ U m Y u TU f ❑❑ 3 ( 1 > �> _ = a III I ' ® i y 3:N�inWJJ ^ U1 iJulmm�o 1J LI O o _ 3nN3AV I LLJU E 3nN3AV I I.I.XIS r� `�l IT B Kent City Council Meeting Date March 4 . 1997 Category Consent Calendar 1. SUBJECT: KENT MARKET USE PERMIT AND SERVICE AGREEMENT - AUTHORIZATION 2 . SUMMARY STATEMENT: As recommended by the Parks Committee, authorization for the Mayor to sign an agreement with Kent Downtown Partnership to provide services to the Kent Market in a form substantially similar to the proposed agreement. 3 . EXHIBITS: Agreement 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3F USE PERMIT AND SERVICE AGREEMENT This Agreement is made and entered into the date fully executed below, between the CITY OF KENT, a Washington municipal corporation, (hereinafter "City"). and KENT DOWNTOWN, a Washington non-profit corporation, dba Kent Downtown Partnership, (hereinafter "KDP"), whose address is P.O. Box 557, Kent, Washington 98032. RECITALS WHEREAS, the City, by separate Agreement, has transferred its interest in the Saturday Kent Market(hereinafter "Market")to KDP; and WHEREAS. KDP desires to enter into an Agreement with the City for use of the City's parking lot currently utilized for the Market and for certain services; NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the City and KDP as follows: I. FACILITIES PERMITTED The City agrees to provide KDP this non-exclusive permit to utilize that portion of the City's parking lot currently utilized by the Market(north section of the parking lot located between Third and Fourth Avenues and facing Smith Street in downtown Kent) more particularly identified in Exhibit A attached hereto and incorporated by this reference, for the purpose of operating the Market as follows: A. KDP may only use the parking lot on Saturdays and Sundays during the 1997 market season(April through October); B. KDP shall reasonably carry out the uses allowed within the property so as not to interfere with the City's use and operation of the property. KDP's use of the property shall not restrict or interfere with City vehicle access; C. KDP shall maintain the property in good condition and shall clean any debris and litter and shall be responsible for any property damage resulting from its use of the property; D. This permit is revocable at will. II. SERVICES PROVIDED The City shall provide the same services that have been provided by the City to the Market, more specifically: garbage service, portable toilet services, eletricity, water, general maintenance and cleaning of the parking lot and installation of street and sign banners. III. PAYMENT In consideration for the permit granted herein and the service provided to KDP, KDP shall pay the City the sum of$5,000. Payment shall be made prior to October 31, 1997. IV. TERM The term of this Agreement shall be for a period from April 1, 1997, through and including October 31, 1997, unless sooner terminated as provided for herein. V. TERMINATION The parties agree that either party may terminate this Agreement without cause upon sixty (60) days written notification to the other party. In the event of termination, the payment made to the City under this agreement shall be prorated over the months of use of the facilities and services provided by the City. VI. INDEMNIFICATION KDP shall indemnify,defend,and hold harmless the City,its officers,agents,employees,and volunteers from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury (including death) received by reason of or in KDP's use of the facilities permitted herein which may be occasioned by any willful or negligent act or omissions of KDP, any of KDP's employees, agents, or volunteers, or any of its subcontractors, except for damages or injuries resulting from the City's sole negligence. VII. INSURANCE KDP shall procure and maintain for the duration of this Agreement comprehensive general liability and automobile insurance against claims for injuries to persons or damages to property which may arise from or in connection with use of the parking lot for the Market as set forth herein by KDP, its agents,representatives, employees or subcontractors. The cost of such insurance shall be borne by KDP. KDP shall maintain limits on such insurance in the amount of $1,000,000 combined single limit per occurrence/accident for bodily injury, personal injury and property damage, or such other amounts as may be acceptable to the Mayor. KDP agrees to provide the City with certificates evidencing the required coverage naming the City as an additional insured. 2 VIII. ENTIRE AGREEMENT The written provisions and terms of this Agreement shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement, any addenda attached hereto, and all bid related documents, if any, which may or may not have been executed prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth at length herein. IX. WAIVER AND MODIFICATION No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City or KDP. X. ASSIGNMENT Any assignment of this Agreement by the KDP without the written consent of the City shall be void. XI. WRITTEN NOTICE All communications regarding this Agreement should be sent to the parties at the addresses below, unless notified to the contrary. Any written notice hereunder shall become effective on the date personally served or, if mailed, as of the date of mailing, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may hereafter he specified in writing. XII. GOVERNING LAW This Agreement shall be governed by the laws of the State of Washington. XIII. RESOLUTION OF DISPUTES Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor for review and a determination. If the dispute, misunderstanding or conflict between the City and KDP cannot be resolved by the City's determination within a reasonable time,jurisdiction of any resulting litigation shall be with the Superior Court of King County, Washington. 3 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. KENT DOWNTOWN PARTNERSHIP CITY OF KENT By: By: JERRY PROUTY, PRESIDENT JIM WHITE, MAYOR P.O. Box 557 220 Fourth Avenue South Kent, Washington 98035 Kent, Washington 98032 Dated: Dated: APPROVED AS TO FORM: ATTESTED: ROGER A. LUBOVICH BRENDA JACOBER (SEAL) City Attorney City Clerk U?DOC\FII.ES\94PK0090\2KDP2.CON 4 � :j � w = 3f1N3AV 31V.LSa tC� Y L ZF W �� rgy o El N 3(1N3AV lVU1N30 W W X u1 Lu W (� DLO ILI 0 1-�, 0 N 3nN3AV OVOH�IV 0 F7--1 Q- --- .—H ui ui ui tlaa�N9afP uolbNllaRl7 UopalS ULi F=1 4Ro=p4qqla)i op 4 00,41 3nN3AV 1SHIJ ❑ } E `Pm� loll=l$ 1 I rc E ugln.up( I1_I ❑ ISM 3f1N3AV ONO03S OMV -. Y L' II—I1 r .Iwa4J I. L I I Il W 9IL U Gj rc F- LEI m I-N W W W H Z u1 cIll — U) (A a ❑ O Ir jrF- = v (n U) [n v U) CC i ¢ 111 U m U) in Q ly H El \ W ° ❑ !2 ; 3 Lj 3nN3AV I I1.HfIOJ ❑ F�- o L FilO U) 3�lIfWY1JJ 1� ❑ N Hl 11]Il:VV11J 'J ❑ O = 3nN3AV I-I.LJIJ C O C �_ El 3f)N3AV I II.XIS EI `�l�IT� Kent City Council Meeting Date March 4 . 1997 Category Consent Calendar 1. SUBJECT: ROSE'S MEADOW - BILL OF SALE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, authorization to accept the bill of sale for Rose's Meadow submitted by Lakeridge Development, Inc. for continuous operation and maintenance of 1, 290 feet of street improvements and 1,431 feet of storm sewers and release of bonds after the expiration period. The project is located in the vicinity of 124th Avenue S.E. & S.E. 261st Street. 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3G /`1ChlU!/ SE H PL SE 248TH ST W y 24e PL P �I 2 z °' PL 2 rI PL uwi a 2�, pl. Si 250TH ��, SE 25°SH SE 2SIST ST N o4 ST PL '� 2SIST PL °f 252ND PL E. 252N0 PL SE 252ND ST SS cv W v r\Vy > ¢ ST S 259 CT c m q W L .J Z IS 23 ryw 254TH ST o Z S CS •' PL W 254TH PL � ZN SS S� 9� i m r r w C14 2 PL rK 55 m ST — — — PL i PL 57TN \ • 2 5T m p h,2•S7 ```. A m s jsT mil\ SE 258TH ST\ __ --__.. ----- T T ? SIs ! = q PROJECT LOCATION 259TH 5T. `� N' SE J259 JH PL ! 2� SFE''$60TH PL � �` F` x �x SE 260TH o SE 261ST \\ \ CS T \\ m 2 S�\\ t \ \l q263PL 292 PLSE 263 PL264TX S7SE 264TH ST 264TH PL\, �s., ... F STYY 265 P m \26'q\o ' S a \ � .,. �' GLp� w I •`r'-'-, i SE 205 m - 265 Pl p�2�5?NR wtE N. \1, ¢ _ d SE 266TH ST �SE 26 TM ST 266 -' \� � ,• J{II !h`-v=Vl W ST 267 ! r SE 267 CT ^ Ni SE 268 \� SE 266TiST -_ ! �,, 26 Sr ; \� 268TH ST SE 268TN S ' 2 j PONDS ,9 ST 270 ST 11 p I•� SE 270TH ST �'�, ! 1 F9 - 27OTH sT 9E 27IST T!! Fi l w - N � `•e o:G go 5T �� — ` �• 272 SE 272 !a ¢`` SE 272ND ST ^y , T xt SE 272ND PL D ST 2) 1 I W: m w; `A z! cf '.>. J 273RD PL� 2711 ST - \ O ~V W' W ¢ > >¢ x 12"7 SE 2 TH ST i " 275 ST ,SE w 274TH ST ST x 9�,0 , 27Y 5T . "i i . v ., 274 CSE 1 276TH ST F5 P SE 2 H ¢ 276TX �+ ^�! a 276iH PL {r "� SE H r tu 277TH PL 277 PL 276� N N Ci 7'7,Cj`ate %% 6N 277 PL N� 277TH PL 5 ry ST \ J 0 ♦.....•� '� 9L 27e � �e r�CT 2 276 c 1 i F 9 . m 2CT .... ST 2e (2BOTH ` ET Z9otH^sT s �pC SE 260TH Si C 3E 281ST ST 'a a> SE 282NO ST 263R0 s m PLAT OF ROSES MEADOW SE 284TH ST 3E 26YTH 5T Kent City Council Meeting Date March 4 . 1997 Category Consent Calendar 1. SUBJECT: STILLWATERS ADDITION NO. 1 - BILL OF SALE 2. SUMKARY STATEMENT: As recommended by the Public Works Director, authorization to accept the bill of sale for Stillwaters Addition No. 1 submitted by Lakeridge Development, Inc. for continuous operation and maintenance of 206 feet of street improvements and 206 feet of storm sewers and release of bonds after the expiration period. The project is located in the vicinity of S.E. 264th Street and 127th Avenue S.E. 3 . EXHIBITS: Vicinity map 4. RECONXIMED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3H "A♦�q COUNTR r CZ UB g1 , P SE 250TX S7 �sOc yt 250`" GOL F COURSE 251ST ST F N �� 9T PL N A 25t51 PL x 2' s 52NO PL E. 252NO PL J SE 252NO 3T !y -� 2 ¢ jAn S+ 1 � W 9♦'N�' I = S7 mI - 5 .Mi N �N 25s Ci m _ �SVTN ST in a t2fp Cy 'AA\\y' PL S5 m A 255TH PL r,. 57TM m 256TM PL n 256TN S z 5T N PL N iT P &4 ) 7 ^ n ST TH T " SE 257TH PL se 258TH SE 258TX 258TH z u > S Tn T 258T BTh Sr H PL 3yi .s F ST 25 258T �m = 2595T= ? m T \\� L ^� SE IJ259TN A �!i \ 2S91h 7 '� 259'PL ♦9 m25BTM PL 11\_ SE\260TH PL l\ SE 260TH ST PROJECT LOCATION W SE 2 \ \ w . 262 ST 09 NoE\• .I \ ` \� A W �\ •. 26 o \ 1 ♦ ♦ \ \ a W W. PL 2gry )PL y tO 269 SE 263 PL \ �I a� 264i \ At, •: r SE 264TH `, / of ui�� `\ �\^ 264 �j SF 264 ST $�, +~� 667 PL � 'lliyr"'•4r �� N. W t, 'J/ a m \ �\ 266 -' \•,� ¢ W` 5T SE I 286TH ST x� 267 PL SE 268TX ST \\ 268TN ST SE 268TX ST \ r OWs SE 2707M ST \ 270TH ST BE 270 ST \ !� 271 ST is ♦ 2) p \\♦ SE 272ND Sr _} ,v6 Q'`` _ SE 272ND ST '72N0 P 27 ` 7 RO STD . N >i 7 273RD PL 274 ST E:i ,z,,,'• a' 2 �' pvE q n w 73 215p0 �, g1 A wN CT / ¢ 27v y iN C1 = 1V 7V [ Fi m F27:5:S:T '.SE 274TM ST 1275 ST74 T y' gt ¢ ;> PL ir 274 CSE 1276TH ST I P 5E 2 H > 7 P SE ftl� SE 276TH 276TH PL �•� N r SE 2 6 5 276 ` 277TH Pl ( "ry 277 PL 276'1 N it �rN ��n�� 277 P� NO 277TH PL SS ♦� �• ! ST :i q� 278 i 1� O♦, CT = 2y �' 278 y w !N� 279 N 2j N rl N CT SE 281 �(260rN CT Zts i sr 60 �� SE 2811H ST cc 260 d s ^ Z w,.,,,•. NT a' SE 282ND ST 2e,o� SE 282ND ST `e SE 282ND ST .. x m ee eeeun ve 1s SE 284TH ST PLAT OF STILLWATER - DIVISION I pa SE 0STH ST W Kent City Council Meeting Date March 4 1997 Category Consent Calendar 1. SUBJECT: MEEKER COURT APARTMENTS - BILL OF SALE 2 . SUNKARY STATEMENT: As recommended by the Public Works Director, authorization to accept the bill of sale for Meeker Court Apartments submitted by Pacific Northern Construction for continuous operation and maintenance of 320 feet of sanitary sewer improvements and release of bonds after the expiration period. The project is located at 24420 64th Avenue S. 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3I n S - 220TH ST f I I� ; PQiVOS a 1 1 Ij t :j o / 1 d S 224TH ST c dam' o s 22sTM ST °D Q I 1 o S 227TM PL paw f I VI N i r I I N Y) I \ W \� K.T.S. ii 5 I LANDING NAY 1 _ V \ \ i S 234TH ST ' \ � a s 238TM ST / - M CLOUDY ST S 230TH 3T ' BLVD if 1J JAMBS ST J. PROJECT LOCATION sAM st cc it /it II x MITM ST 1\ E N CT NRIIRISON T (S 246TH ST) a 1 1 �sg o o i f � . gIVfR,,:-' SR 516 t � i r ST . . 1 i / ---- __ CC, n W z ST PON" v �• � ) FL S S 252 ►l v u iJ cc MEEKER COURT APARTMENTS Kent City Council Meeting Date March 4 . 1997 Category Other Business 1. SUBJECT: BLUEBERRY FARM PRELIMINARY PLAT SU-96-9 2 . SUMMARY STATEMENT: This date has been set to consider the Hearing Examiner' s recommendation for conditional approval of an application by Ekhard Preikschat and James Crozier of RN Parnel Company for a 20-lot single family residential pre- liminary subdivision. The property is located at S.E. 264 Street (if extended) and 110th Avenue S.E. (if extended) . 3 . EXHIBITS: Staff report, findings and recommendations, and preliminary plat map 4 . RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember I'l moves, Councilmember Zt' o-r. cE Z- seconds to accept/ the findings of the Hearing Examiner and to adopt the Hearing Examiner' s recommenda- tion of approval with forty-six (46) conditions of the Blueberry Farm preliminary subdivision. DISCUSSION• ACTION: Council Agenda Item No. 4A CITY OF �in'T A Jim White, Mayor Planning Department (206)859-3390/FAX(206)850-2544 James P.Harris,Planning Director KENT PLANNING DEPARTMENT (206) 859-3390 STAFF REPORT FOR HEARING EXAMINER MEETING OF JANUARY 8, 1997 2:00 PM FILE NO: BLUEBERRY FARM#SU-96-9 APPLICANT: Ekhard Preikschat and James Crozier P.O. Box 98 Bellevue, WA 98009 RN Parnell Company 4422 187th Place SE Issaquah, WA 98027 REOUEST: A request to subdivide approximately 4.8 acres into 20 single family residential lots. STAFF REPRESENTATIVE: Matthews Jackson, Planner/GIS Coordinator STAFF RECOMMENDATION: APPROVAL with conditions I. GENERAI INFORMATION A. Description of the Proposal The applicant proposes to subdivide two existing tax parcels into 20 single family residential lots. Construction of a residential road to City of Kent standards will be required to serve this plat. Approval of this application will produce eighteen new building lots. 1 220 4th AVE.SO. /KENT WASHINGTON 98032-5895/TELEPHONE '0618 59-1300 1 FAX#859-3314 Staff Report Blueberry Farm #SU-96-9 B. Location The subject property is located at SE 264th Street,if extended,and 110th Avenue SE, if extended. C. Size of Pronertv The subdivision proposal is approximately 4.8 acres in size. D. Zonine The subject property is located within two zoning districts. The northern two thirds of the site is zoned MRD, Duplex Multifamily Residential, while the southern portion of the site is zoned SR-6, Single Family Residential with a six units per acre maximum density. Single family residences are permitted uses within the MRD zoning district and SR-6 zoning districts. This application does not include multifamily housing. E. Land Use The City of Kent Comprehensive Plan Land Us.= Map designates the majority of the site as Low Density Multifamily. The southern portion of the site is designated as Single Family Residential, six units per acre maximum der.:nity. Neighboring land uses are single family residential to the south, east, and west, and a mixture of office and commercial uses to the north in the vicinity of Kent-Kangley Road. The proposed development on the subject property is consistent with the comprehensive plan land use map designations. F. History The subject property was annexed to the City of Kent on July 1, 1994 as part of the Ramstead/East Hill annexation area. A Tentative Plat meeting was held on March 13, 1996 to discuss issues regarding this plat (#TSU-96-9). At this meeting the applicant was given proposed preliminary conditions of approval for this plat. 2 Staff Report Blueberry Farm #SU-96-9 II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A final Mitigated Determination of Nonsignificance (MDNS) was issued on April 11, 1996 (#ENV-96-24) subject to 14 conditions. A Revised Determination of Nonsignificance was issued for the project on November 5, 1996. A copy of the MDNS will be attached as a part of the record for this preliminary plat. B. Significant Physical Features Topography and Vegetation The site is characterized by rolling hill terrain. The applicant estimates the steepest slope on the site to be approximately ten percent. There are mature trees located on the property. The developer will be required to submit a detailed tree plan for Planning Department approval prior to any development activity or improvements on the site. Water A portion of a wetland is located on the west side of the property. As a condition of the Mitigated Determination of Nonsignificance,the applicant was required to submit a wetland delineation report and mitigation plan. The Public Works Department has reviewed and approved a Wetland Delineation Report for this site and the project plans reflect that approved wetland boundary and buffer. C. Significant Social Features 1. Street System The subject property takes its primary access via an extension of Southeast 264th Street and its secondary access from an extension of 112th Avenue Southeast. Southeast 264th Street is classified as a Residential Street upon the City's Master Plan of Roadways with a 32 foot wide roadway with 2 lanes. Southeast 264th Street does exist west of the 11300 block, and is proposed to be extended to the easterly subdivision boundary of this project in conjunction with the Mack Park subdivision. Southeast 264th Street will need to be extended and improved to its design width in conjunction with the 3 Staff Report Blueberry Farm #SU-96-9 Blueberry Farm subdivision to support this development project and continued development in the area. The current average daily traffic (ADT) along 114th Avenue Southeast near the Kent-Kangley Road (SR 516) is approximately 3500 vehicles. The Blueberry Farm subdivision will add an estimated 200 daily,and 20 PM peak hour trips to the area. 2. Water System Water service to the site will be provided by the City of Kent. 3. Sanitary Sewer System Sanitary sewer service will be provided by the City of Kent. The applicant has been working with the City in an effort to provide and improve sewer service to this site as well as neighboring properties. This includes easements for a new interceptor line along the west side of the property. 4. Stormwater System A stormwater system is necessary to accommodate new development. The Public Works Department has reviewed a preliminary drainage plan submitted by the applicants. Public Works staff has commented that it appears the preliminary drainage plan will work and that the proposed drain--,.�tract will be large enough to handle anticipated stormwater runoff. Propoed Tract A will include portions of the wetland, its buffer, and stormwater management facilities 5. LIDs No Local Improvement Districts exist at this time. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Chief of Staff City Attorney Director of Public Works Chief of Police 4 Staff Report Blueberry Farm #SU-96-9 Parks& Recreation Director Fire Chief Building Official City Clerk Kent School District King County Parks, Planning & Resource Department US West Communications Puget Sound Power and Light Seattle-King County Health Department Washington Natural Gas Washington Department of Transportation Postmaster In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing. Staff comments have been incorporated in the staff report where applicable. IV. PLANNING DEPARTMENT REVIEW A. COMPREHENSIVE PLAN In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which represented a complete revision to the City's 1977 comprehensive plan. The 1995 plan was prepared under the provisions of the Washington State Growth Management Act. The Comprehensive Plan,through its goals and policies,presents a clear expression of the City's vision of growth for citizens, the development community,and other public agencies. The plan is used by the Mayor, City Council, Land Use and Planning Hearings Board, Hearing Examiner, and City departments to guide decisions on amendments to the City's zoning code and other development regulations, which must be consistent with the plan, and also guide decisions regarding the funding and location of capital improvement projects. The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city,as well as in the entire potential annexation area. KENT COMPREHENSIVE PLAN The City of Kent Comprehensive Plan is made up of eleven elements which contain written goals and policies as well as a land use map. The Kent Comprehensive Plan 5 Staff Report Blueberry Farm #SU-96-9 Land Use Map designates the project site as LDMF, Low Density Multifamily and SF-6, Single Family Residential, with a six units per acre maximum density. LAND USE ELEMENT The land use element outlines the proposed general distribution and location of various uses of land within the planning area. The land use element is designed to guide where and when development happens, as well as the character of Kent's development pattern. Goal LU-1: Designate an u-pan growth area and Potential Annexation Area which will define the City's planning area and projected city limits for the next 20 years. Policy LU-1.1: Provide enough land in the City's urban growth area to accommodate the level of household growth projected to occur in the next 20 years. Goal LU-8: The City of Kent adopts a 20 year housing target of 7,500 new dwelling units within the existing city limits. Coordinate with King County through ar, :nterlocal agreement on housing targets in the unincorporated area within Kent's Potential Annexation Area. Policy LU-8.1: Provide in the land use plan adequate land and densities to accommodate both city and county targets within the Potential Annexation Area. Average net residential densities throughout the Potential Annexation Area should be at least four units per acre in order ,, adequately support urban services. Planning Department Comment: This proposed subdivision supports several of the goals and policies in the land use element. The development of vacant properties inside the urban growth boundary prevents further urban sprawl in rural areas. In addition, infill development provides a much more efficient means of providing services and enhancing pedestrian opportunities. The net density of this project is approximately 4.2 units per acre which is above the minimum of four which is necessary to adequately support urban services. 6 Staff Report Blueberry Farm #SU-96-9 One of the overall themes of the comprehensive plan is to provide a wide variety of housing types and opportunities to accommodate projected population growth without converting single family land to multifamily. Development of single family subdivisions on vacant single family land is supportive of this theme. HOUSING ELEMENT OVERALL GOAL: ENSURE OPPORTUNITIES FOR AFFORDABLE HOUSING AND AN APPROPRIATE LIVING ENVIRONMENT FOR KENT CITIZENS. Goal H-1: Promote healthy neighborhoods by providing a wide range of housing options throughout the community that are accessible to community and human services, employment opportunities, and transportation, and by being sensitive to the environmental impacts of development. Policy H-1.2: Guide new residential development into areas where community and human services and facilities are available, and in a manner which is compatible with the land use element. Polic3H-1.7: Continue to utilize regulatory measures to control impacts of residential development on the environment and on water quality. Review these regulations periodically to assess their overall effectiveness and their impact on housing cost and supply. Planning Department Comment This proposed subdivision supports relevant goals and policies of the housing element. The proposed location is easily and well served by existing human services and facilities. The potential impacts of this project have been reviewed under the State Environmental Policy Act, and its impacts have been mitigated through a conditional Determination of Nonsignificance. These impacts include, but are not limited to, water quality and traffic. The provision for on site stormwater management and a separate sensitive areas tract will protect the water quality in the area. As mentioned elsewhere in this report,the proposed development is consistent with the land use element including the Land Use Plan Map. 7 Staff Report Blueberry Farm #SU-96-9 TRANSPORTATION ELEMENT OVERALL GOAL: PROVIDE FOR A BALANCED MULTIMODAL TRANSPORTATION SYSTEM WHICH WILL SUPPORT LAND USE PATTERNS AND ADEQUATELY SERVE EXISTING AND FUTURE RESIDENTIAL AND EMPLOYMENT GROWTH WITHIN THE POTENTIAL ANNEXATION AREA. Goal TR-1 Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act. Policy TR-1.2: Coordinate new commercial and residential development in Kent with transportation projects to improve affected roadways. Policy TR-1.3: Fund development of the roads necessary for a complete arterial system serving all travel needs in the planning area (inside and outside the City) through fair share payments by new residential, commercial, and industrial development. Planning Department Comment: Under the Growth Management Act,the City must be able to provide the necessary infrastructure to support new development at the time it is completed. There are existing sewer and water facilities available to serve the site, and the applicant will be required to build a residential street to provide access. This will be a dedicated public right of way which is integrated into the existing City road network. The City currently has several future corridor projects which are designed to provide better access between Kent's east hill, valley floor, and west hill areas. In addition, these corridors will help slow additional congestion on existing east-west arterials. Through the SEPA process,the applicant will be required to provide a traffic impact study to identify traffic impacts upon the City of Kent road network and traffic signal system caused by the proposed development,or execute an environmental mitigation agreement to financially participate and pay a fair share of the cost associated with the construction of the South 272nd/277th Street Corridor project. The Public Works Department estimates that the proposed development will add an additional 20 PM peak hour trips. 8 Staff Report Blueberry Farm #SU-96-9 ECONOMIC DEVELOPMENT ELEMENT Goal ED-2: Maintain a strong policy toward balanced community development. Policy ED-2.1: Encourage homeownership to foster stakeholders in the community. Policy FD-2_3: Encourage new housing development to locate closer to existing public services. Planning Department Comment The proposed preliminary plat will provide eighteen additional single family home ownership opportunities in the City of Kent. This can help foster a sense of community as well as increase neighborhood stability. Locating new development near existing community services drastically reduces the amount of money necessary to provide those services, and therefore funds can be directed towards other projects. B. STANDARDS FOR GRANTING A SUBDIVISION- The purpose of the City of Kent Subdivision Code is to provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, insuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be insured; that proper provisions for all public facilities (including circulation,utilities,and services)shall be made;that maximum advantage of site characteristics shall be taken into consideration; that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan shall be insured. Planning Department Comment The proposed plat is in general conformance with the regulations of the Subdivision Code. The Subdivision Code calls for right-of-way widths for cul-de-sacs to be 50 feet and the proposal is in compliance with this requirement. All proposed sewers, water mains, and other utilities will comply with applicable City requirements. The minimum lot size allowed for this subdivision is 5,700 square feet, and all proposed lots meet or exceed this standard. The average size of the proposed lots is 6,578 square feet. 9 Staff Report Blueberry Farm #SU-96-9 C. FEASIBILITY OF DEVELOPMENT ON PROPOSED LOTS Development on all lots in the proposed subdivision will be subject to Zoning Code requirements for development in the SR 6, Single Family Residential zoning district. Planning DUart_ment Comment All proposed lots meet minimum lot size and width requirements. Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot must front upon a public street or road. The size, shape, and orientation of lot shall meet the minimum area and width requirements of the SR district and shall be appropriate for the development of single family residences. Corner lots may be required to be platted with additional width to allow for the additional side yard requirements. Lots which are bordered by two (2) streets shall be permitted access to only (1) of those streets. All lot corners at intersections of dedicated public rights of way shall have a minimum radii of fifteen(15) feet. D. PROPOSED FINDINGS The Planning Department has reviewed this application in relation to the Comprehensive Plan, proposed zoning, land use, street system, flood control problems and comments from other departments and finds that: 1. The Kent Comprehensive Plan Land Use Map designates the site LDMF, Low Density Multifamily and SF-6, Single Family Residential, six units per acre maximum density. 2. The site is currently zoned MRD,Duplex Multifamily Residential, and SR-6, Single Family Residential with a 5,700 square foot minimum lot size. This project will be subject to the development standards of the SR-6 zoning district. 3. Land uses in the immediate area are predominantly single family residential. Commercial and Multifamily development is located north of the site along Kent-Kangley Road. 4. A Tentative Plat meeting was held for the proposed subdivision on March 13, 1996 (#TSU-96-9). 10 Staff Report Blueberry Farm #SU-96-9 5. A Mitigated Determination of Nonsignificance was issued for the plat on April 11, 1996. A revised Determination of Nonsignificance was issued on November 5, 1996 (#ENV-96-24). 6. There are significant trees of six inch or greater caliper located on the property. 7. The site has access to SE 264th Street. 8. The subject property would receive sewer service from the City of Kent. 9. The subject property would receive water service from the City of Kent. V. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a preliminary subdivision, staff recommends APPROVAL of the proposed Blueberry Farm subdivision with the following conditions: A. CONDITIONS OF APPROVAL: 1. The subdivider shall implement all mitigation measures required by the Determination of Non-Significance for SEPA checklist#ENV-96-24 for the Blueberry Farm Subdivision. B. PRIOR TO RECORDATION OF THE BLUEBERRY FARM SUBDIVISION: 1. The owner/subdivider shall dedicate sufficient right-of-way for the construction of Southeast 264th Place to City Standards for a Residential street, minimum right-of-way width of 49 feet. This deed of right-of-way shall be provided based upon a survey to be performed by a licensed land surveyor of the subject property,Southeast 264th Place,and adjacent affected properties,and shall clearly delineate the existing public right-of-way to the east of the subdivision, property lines, curb lines, paving limits, and other public and private improvements within or adjoining the proposed right-of- way for the extension of Southeast 264th Place. 2. The owner/subdivider shall dedicate sufficient right-of-way for the construction of 110th Place Southeast to City Standards for a Residential street, minimum right-of-way width of 49 feet. This deed of right-of-way 11 Staff Report Blueberry Farm #SU-96-9 shall be provided based upon a survey to be performed by a licensed land surveyor of the subject property, 110th Place Southeast, Southeast 264th Place,and adjacent affected properties,and shall clearly delineate the existing property lines, curb lines, paving limits, and other public and private improvements within or adjoining the proposed right-of-way for the extension of Southeast 264th Place. At both the northeasterly aad southerly termini of 110th Place Southeast, this dedication shall include sufficient right-of-way to construct a cul-de-sac turnaround meeting applicable City Standards. The minimum radii of these turnarounds shall be 51.5-feet. a. Unless the owner/subdivider dedicates and constructs a cul-de-sac turnaround at the southerly terminus of 110th Place, the owner/subdivider shall revise the subdivision to alter the access to all lots south of Southeast 264th Place. Access to these lots shall be via a Private Access Tract Roadway meeting applicable City Standards, instead, augmenting the standard design to include pedestrian walkways on both sides of the access tract. The owner/ subdivider shall then grant a 36 foot wide access tract, and the alignment shall be such as to bring the access tract roadway radial to the construction centerline of the horizontal curve connecting 110th Place SE and SE 264th Place. 3. The owner/subdivider shall grant a 10-foot wide pedestrian access tract across the northerly subdivision frontage from the westerly boundary of Lot 6 to the northwesterly corner of the subdivision. 4. The owner/subdivider shall grant a 10-foot wide pedestrian access tract from 110th Place Southeast along the common property line between Lots 6 and 7, to the northerly subdivision boundary. 5. It is recommended that the owner/subdivider revise the configuration of Lots 3, 4 and 5 to provide access by means of a Private Access Tract Roadway meeting applicable City Standards. Should the owner/subdivider so choose, the owner/subdivider shall grant a 26-foot wide access tract radial to the horizontal curve in 110th Place SE. 6. It is recommended that the owner/subdivider revise the configuration of Lots 9, 10,and 11 to provide access by means of a Private Access Tract Roadway meeting applicable City Standards. Should the owner/ subdivider so choose, 12 Staff Report Blueberry Farm #SU-96-9 the owner/subdivider shall grant a 26-foot wide access tract radial to the cul- de-sac bulb at the location currently proposed for the "panhandle" of Lot 10. 7. The owner/subdivider shall grant a 20-foot wide sewer easement for the construction of the planned sewer interceptor line --the alignment of which generally runs along the westerly subdivision line of this subdivision. This 20-foot wide sewer easement shall be located between 110th Place Southeast and the easterly boundary of the Wetland Buffer Area, in a location as determined by the Director of Public Works. In conjunction with this grant of easement,and to permit the construction of the sewer line, the owner/subdivider shall grant a 100-foot wide temporary construction easement along the westerly subdivision boundary of the subdivision--within which is located the permanent sewer easement. 8. The City has approved the Wetland Delineation Report for this subdivision, and the most recent submittal for an averaged wetland buffer. These revisions are permissible, but require buffer mitigation in compliance to the City of Kent Wetlands Management Code. The revised and approved wetland buffer edge shall be shown on the face of the final plat. The minimum width of the revised wetland averaged buffer shall not be less than 25 feet. 9. The owner/subdivider shall permanently protect the approved and preserved, and/or enhanced, or created wetland(s) and it's buffer(s) by dedicating a separate Sensitive Area Tract to the City, OR by granting a Sensitive Area Easement to the City for the entire sensitive area. This Sensitive Area Tract or Easement shall be consistent with the wetland and wetland buffer map contained within the approved Wetland Delineation Report and/or approved Wetland Mitigation Plan as appropriate, unless otherwise approved. The owner/subdivider shall provide a legal description of said easement or tract prepared by a licensed land surveyor, prior to issuance of any construction permits. The Sensitive Area Tract and the following language shall be included on the face of the recorded plat: SENSITIVE AREA TRACTS EASEMENTS DEDICATION OF A SENSITIVE AREA TRACTIEASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION,MAINTENANCE OF 13 Staff Report Blueberry Farm #SU-96-9 SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY,PLANT ECOLOGY AND WILDLIFE HABITAT. THE SENSITIVE AREA TRACT/EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT/EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT,TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED,COVERED BY FILL,REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT/EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING,BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT/EASEMENT BOUNDARY,UNLESS OTHERWISE APPROVED BY THE CITY. 10. The owner/subdivider shall submit and receive approval for required engineering drawings, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. The sewer system shall be extended to the intersection of SE 264th Street at 108th Avenue SE, and shall be sized to serve all off-site properties within the same service area. Specifically, the sewer system shall be located in such a manner as to provide gravity sewer service to the Norder and Mack properties with a connection to the existing system in the vicinity of the aforementioned intersection. The size, location, and dept", of this sewer line shall be as determined by the Director of Public VN,irks. The developer shall be responsible for the equivalent cost of an 8-inch gravity sewer to service the subdivision. If the City constructs the sewer interceptor,the developer will be charged for the equivalent of the cost of an 8-inch sewer line. Unless otherwise approved by the Director of Public Works, the associated tract area shall be improved with a 12-foot wide access road, with a maximum longitudinal gradient of 15% over the entire length of the tract -- along with perimeter fencing and gates for access via the northerly turnaround on 110th Place SE. Off-site easements shall be acquired, as necessary, for these improvements. 14 Staff Report Blueberry Farm #SU-96-9 b. A water system meeting domestic and fire flow requirements for all lots. C. A Wetland Mitigation Plan which addresses all impacts associated with the construction of the required temporary sanitary sewer installation, and with the impacts associated with the approved drainage system. i. Approved Wetland Mitigation Plans will require the posting of a Construction/Performance Bond equal to 125 percent of the approved cost to construct the mitigation provisions, plus an additional 10 percent to account for City administration fees. ii. The Wetland Construction Bonds will not be released until the required 3-year monitoring program is completed and accepted by the City of Kent. d. A public stormwater drainage system which shows how up to the 100-year post-developed stormwater runoff from this development will be collected, conveyed, treated, stored, and released to the City stormwater drainage system in compliance to the Kent Construction Standards and which also meets the more specific requirements listed below: i. The owner/subdivider shall construct an on-site detention pond system in accordance with the Kent Construction Standards to mitigate for potential impacts to stormwater runoff quantity. The detention storage volume and release standards to be met for this project shall be that for the HILLS. Earthen side slopes of the pond shall be no steeper than 3:1, although short(less than 4 feet in height) retaining walls/weirs may be acceptable along but outside of the dedicated Sensitive Area Tract for the wetland and its buffer, if this structure is provided to ensure sheet flow discharge to the adjacent wetlands. ii. The detention pond and treatment systems shall include release facilities that ensure sheet flow discharge across the 15 Staff Report Blueberry Farm #SU-96-9 adjacent wetland buffers in compliance to the requirements of the City of Kent Wetlands Management Code. iii. Biofiltration swales or strips, where used for water quality treatment, shall be preceded by a diversion structure which diverts all flows above the water quality design storm to a level spreader facility designed to ensure sheet flow to the adjacent wetland buffer. Biofiltration swales will not be permitted within the sensitive area tract because these impacts can be avoided and do not allow for sheet flow release into the wetland buffer. The use of a level spreader at the outer edge of the wetland buffer would be permitted,providing it is designed as an integral part of a biofiltration strip, and providing it includes proper mitigation (minor leveling and planting) for that construction. iv. Roof downspouts for each building shall be directed to Roof Downspout Infiltration Trenches meeting the requirements of the Stormwater Management Manual for the Puget Sound Basin, except that overflow pipes shall be connected to an approved conveyance system. The following note shall be contained on the face of the final plat: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER PLANS. V. The required downstream analysis for this development will include an analysis for capacity, erosion potential, and water quality from the point of discharge from the subject site downstream to the point where stormwater discharges to the City of Kent stormwater drainage system,or for a distance of one-quarter mile,whichever is further. The owner/subdivider shall identify all downstream reaches which do not have the capacity to carry the 100-year, 24-hour peak design flow rate. Should downstream capacity be insufficient to convey the 25- year, 24-hour peak flow rate, the owner/subdivider shall either provide necessary off-site improvements (and 16 Staff Report Blueberry Farm #SU-96-9 easements or drainage releases/waivers where necessary), OR further detain/retain stormwater and restrict the release rate of stormwater to ensure that the capacity of the existing conveyance system will not be exceeded. Similarly, should an erosion problem be exacerbated by the proposed release conditions, then the owner/ subdivider will have to further restrict the release of stormwater from this development. vi. Approved Detailed Drainage Plans will include the requirement to install approved anti-dumping, storm drainage markings adjacent to all catch basins and/or drains within the entire site and immediately adjacent to the site on public right-of-ways. vii. Approved Detailed Drainage Plans will include a posted Construction Bond for all work contained within both Detailed Drainage Plans and Temporary Erosion/Sedimentation Control Plans. viii. A Landscape Plan for within and surrounding the detention facility shall be submitted to the Kent Planning Department and the Department of Public Works for concurrent review and approval prior to approval of the Detailed Drainage Plans. ix. As-built drainage plans for the entire site meeting the requirement of Appendix E of the Construction Standards shall be prepared by a professional land surveyor licensed by the State of Washington and approved by the City prior to release of any Construction Bonds. X. Approved Detailed Drainage Plans may require acquisition of either: off-site public drainage easements. e. A Detailed Grading Plan for the entire Subdivision, including provisions for streets, utilities, and a constructed building pad for every lot. This Detailed Grading Plan shall meet the requirements of the City of Kent Construction Standards and shall be consistent with the required Detailed Tree Plan. 17 Staff Report Blueberry Farm #SU-96-9 i. The Grading Plan will require an approved Soils Report which includes specific provisions for:the proposed detention pond system;the long-term stability of all slopes steeper than 2:1; and Roof Downspout Infiltration Trench design parameters. ii. The Grading Plan will reflect the approved Tree Plan and clearly show which trees are designated to remain upon completion of grading. f. The owner/subdivider shall submit a Detailed Tree Plan for the general site, for the roadway, and for all individual lots showing all trees six inches in diameter or greater, and their relationship to any proposed structures. This plan must be approved by the Kent Planning AND Public Works Departments prior to approval and construction of the final roadway design and prior to the issuance of a development permit for any lot. No trees of six inch caliper or greater shall be removed from any lot except to a tree plan approved by the Kent Planning Department. g. A Temporary Erosion/Sedimentation Control Plan for the entire subdivision which appropriately reflects the Detailed Grading Plan discussed above. h. A 32-foot wide paved roadway for SE 264th Place; concrete curbs and gutters; five [5]-foot wide concrete sidewalks along the both sides of the street; street lighting; storm drainage; street channelization; utilities and appurtenances, and 35-foot radius curb returns at the intersection of Southeast 264th Place and 110th Place SE. This shall also provide for a transition designed to a 25 MPH design speed to the section of SE 264th Place to be constructed to the west of the subdivision--if not already constructed by the developer of the Mack Park Subdivision. i. A 32-foot wide paved roadway; concrete curbs & gutters on both sides of the street; five [5]-foot wide concrete sidewalks along both sides of the 110th Place Southeast; street lighting; storm drainage; street channelization; utilities and appurtenances, and cul-de-sac turnarounds per City Standards for a Residential Street. This shall include a minimum 49-foot right-of-way along the roadway and a 18 Staff Report Blueberry Farm #SU-96-9 51.5-foot radius [at right-of-way-line--45-feet at the curb line] in the cul-de-sac turnarounds, and 35-foot radius curb returns at the intersection of the plat street and Southeast 253rd Street. Unless the owner/subdivider revises the subdivision map, and dedicates and constructs a cul-de-sac turnaround at the southerly terminus of 11Oth Place SE, the owner/subdivider shall alter the access to all lots south of Southeast 264th Place. Access to these lots shall be via a Private Access Tract Roadway meeting applicable City Standards, instead, augmenting the standard design to include pedestrian walkways on both sides of the access tract. The owner/ subdivider shall then construct a 24-foot wide access roadway, with five-foot wide concrete sidewalks along both sides of the roadway, and with an alignment that places the alignment of the access tract roadway radial to the construction centerline of the horizontal curve connecting I I Oth Place SE and SE 264th Place. j. A 24-foot wide paved roadway; concrete curbs and gutters on the northerly side of Southeast 264th Place from the easterly subdivision boundary to the current end of the improvements in the 11200 block; including an asphaltic concrete paving section designed to City Standards for a Residential Street; concrete curbs, gutters, and a five [5]-foot wide concrete sidewalk along the northerly side of the SE 264th Place; street lighting; storm drainage; street channelization; utilities and appurtenances. k. A 10-foot wide asphaltic concrete paved walkway, from 11 Oth Place SE to the northerly subdivision boundary at a location between Lots 6 and 7. This walkway shall include a asphaltic concrete paving section, fencing, storm drainage systems, and suitable night-time illumination. 1. A 10-foot wide asphaltic concrete paved walkway along the northerly subdivision boundary,from the northeasterly comer of Lot 7 westerly to the intersection of SE 264th Street and 108th Avenue SE. This walkway shall include an asphaltic concrete paving section, fencing, storm drainage systems, and suitable night-time illumination. If the owner/subdivider chooses to revise the configurations of Lots 4, 5 and 6 per Condition B. 5, above then: 19 Staff Report Blueberry Farm #SU-46-9 In. A 24-foot wide paved roadway meeting applicable City Standards for a Private Access Tract Roadway including an asphaltic concrete paving section designed to City Standards for a Residential Street; storm drainage; street channelization; utilities and appurtenances.. 12. The owner/subdivider shall dedicate all necessary public right-of-way for the improvements listed in Section B, above,and provide all public and private easements necessary for the construction, operation, and maintenance of the required improvements. 13. Dedicate five percent (5%) of the total plat area being developed as open space park land or pay a voluntary fee in lieu of dedication as set forth in Ordinance No. 2975. C. PRIOR TO ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THE BLUEBERRY FARM SUBDIVISION: 1. The owner/subdivider shall submit detailed Grading Plans AND Temporary Erosion and Sediment Control Plans in conformance to the City Construction Standards to the Department of Public Works for review and approval prior to any on-site work. 2. The owner/subdivider shall construct and receive City acceptance/ approval of the required wetland mitigation measures required for this development. 3. The owner/subdivider shall receive City approval of the as-built drainage plans for the entire site shall be prepared by a professional land surveyor. 4 Construct all improvements required in Sections A& B, above. KENT PLANNING DEPARTMENT December 30, 1996 ch:su969.rpt 20 City of Kent- Planning Department SE 256 �ST d I \ SE 256 P o I \ \\\ S 258 I s!e `SE 260 STqF \ST 264 ST29 sTSE 264 PLSE S PL SE 2cc — — e PL SE 26 ST FL W w I II u 287 SE 68 ST Me rL ` 2eT� sl SE 268 STI 2 oZo > u _ 9T 4 ^D ao O 00 I J a1 9 H SE 269 5 270 ST PE\�70�1 ST PPIV. SE 71 ST N I( SE 27 ST >1 a° SE 272 PL SE 2 4 APPLICATION NAME: Blueberry Farm NUMBER: #SU-96-9 DATE: January 8, 1997 ;QUEST: Preliminary Plat LEGEND AAM - Application site N Vicinity Map i + k Railroad tracks MMMWMM City limits City of Kent - Planning Department 0Li ' -- 0- . �C? o -- o° _ L d a a APPLICATION NAME: Blueberry Farm NUMBER: #SU-96-9 DATE: January 8, 1997 '''!.QUEST: Preliminary Plat LEGEND A :r Application site N Zoning/Topography Zoning boundary ,mmmmnm City limits City of Kent - Planning Department 588'38'41"E --552.49' �la_ _ _ gr_ _ T _Fi2 tip '., #►r37 's 1�fia7 I 6307 4 6203 6�68i^ 6312 74 �6ES3 TY 71' A \. S -126 TH PL. 61 7739I:. .! / 08'. Y OTtI[iY Q S N. a '9 ,c u 4T _ U}SLSTT p O liud o cc /G/•. �\ C°4 54 5•. ah \ 7730.. 97 6 "N88'38 4.1"4V - 21 1,1 4-, APPLICATION NAME: Blueberry Farm NUMBER: #SU-96-9 DATE: January 8, 1997 QUEST: Preliminary Plat LEGEND � Application site Site Plan CITY OF TIM Jim White, Mayor Planning Department (206)859-33901FAX(206) 850-2544 James P.Harris,Planning Director OFFICE OF THE LAND USE HEARING EXAMINER (206) 859-3390 Theodore P.Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: BLUEBERRY FARM #SU-96-9 APPLICANT: Ekhard Preikschat and James Crozier RN Parnell Company REQUEST: A request to subdivide approximately 4.8 acres into 20 single family residential lots. LOCATION: The project is located at SE 264th Street(if extended) and 114th Avenue SE (if extended). APPLICATION FILED: September 3, 1996 DETERMINATION OF NONSIGNIFICANCE ISSUE April 11, 1996 MEETING DATE: January 8, 1997 Record held open until January 15, 1997. RECOMMENDATION ISSUED: February 3, 1997 RECOMMENDATION: APPROVED with conditions STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department Matthews Jackson, Planning Department Gary Gill, Public Works Department PUBLIC TESTIMONY: Richard U. Chapin, attorney for applicant WRITTEN TESTIMONY: None EXHIBITS: 1. Hearing Examiner file containing application, staff report and public notice. 2. Kent Drainage Plan and Wetland Review Status 1 220 4th AVE.SO. /KENT WASHINGTON 98032-5895/TELEPHONE 206 859-3300/FAX N 859-3334 Hearing Examiner Findings and Recommendation Blueberry Farm #SU-96-9 3. Revised Site Plan dated 12/12/96 4. Memorandum from Gary Gill to Dick Chapin dated 1/13/97 5. Memorandum to Gary Gill from Dick Chapin dated 1/16/97 with notation from Gary Gill dated 1/21/97. INTRODUCTION After due consideration of all the evidence presented at public hearing on the date indicated above, and following an unaccompanied personal inspection of the subject property and surrounding area by the Hearing Examiner at a time prior to the public hearing,the following findings, conclusions and recommendation are entered by the Hearing Examiner on this application. SUMMARY OF PROCEDURE A public hearing was held on January 8, 1997,in the City of Kent Council Chambers. The Hearing Examiner asked openly if anyone present other than the applicant and the city had any comments, questions or concerns. No one other than the city and the applicant's representatives had any testimony or evidence to present on this application. The application was then scheduled for an abbreviated public hearing. Just prior to the public hearing, the applicant's attorney requested an opportunity to attempt to resolve some issues with the City prior to going on the hearing record. The Examiner granted this request. After discussion outside the hearing room, the city and the applicant returned with a conceptual agreement as to the conditions to be placed on an approval of the application. The City Public Works Department agreed to provide a detailed written description of the agreed conditions to the applicant's attorney for review and comment by January 13th. The applicant's attorney agreed to respond to the written conditions by January 17th. If the proposed conditions were acceptable to the city and the applicant, the Examiner agreed to adopt them as part of this recommendation (assuming consistency with applicable laws and ordinances). The Hearing Examiner agreed to keep the record open until January 17th for the limited purpose of receiving a detailed modified list of conditions to be applied to an approval of this application. The City did provide the list of conditions and the applicant did respond by January 17th. The response by the applicant suggested some changes to the City's proposal. The City indicated on the applicant's response in a note dated January 21 st that the suggested changes were consistent with its intent. The record is now closed and the Hearings Examiner is required to issue Findings and Conclusions within 10 days of the close of the record based on information provided to him. 2 Hearing Examiner Findings and Recommendation Blueberry Farm #SU-96-9 FINDINGS 1. The owners of the property proposed for subdivision are Ekhard Preikschat and James Crozier of Bellevue, Washington. The applicant is RN Parnell Company of Issaquah, Washington. Exhibit 1, Application. The applicants were represented at the public hearing by Mr. Dick Chapin, Attorney at Law. 2. The property proposed for subdivision is located at 264th Street, if extended, and 110th Avenue SE, if extended. Exhibit 1, Staff Report; Exhibit 3, Site Plan. 3. The property is 4.8 acres. The applicant proposes twenty single family lots with the smallest lot of 5,760 square feet. The applicant submitted a site plan dated December 12, 1996,that shows all lots in conformance with minimum lot size requirements. Exhibit 3, Site Plan. 4. The property is zoned on the northern two-thirds as MRD,Duplex Multifamily Residential. The southern portion of the site is zoned SR6,Single Family Residential with a 5,700 square foot minimum lot size. The Comprehensive Plan Land Use Map designates most of the property as Low Density Multifamily. The southern portion of the site is designated as SF 6, Single Family Residential with six dwelling units per acre. Exhibit 1, Staff Report. 5. Land use all around the property proposed for subdivision is single family residential with the exception of a mixture of office and commercial uses to the north near Kent-Kangley Road. Site View; Exhibit 1, Staff Report. 6. There are several significant trees of 6-inch caliper or greater on the property. Many of these trees can be preserved to enhance the aesthetic value of the area as well as help control stormwater runoff and water quality. A tree retention plan has not yet been submitted to the City. Exhibit 1, Staff Report. 7. A portion of a wetland is located on the site near the west side. The wetland serves a limited functional purpose of minimal stormwater retention. A wetland assessment and conceptual mitigation plan has been prepared. The plan provides the information the city needs to mitigate impacts to these wetlands. Exhibit 1, Staff Report, page 3; Testimony of Mr. Jackson. 8. The site would be accessed off of SE 264th Street which is classified as a Residential Collector that carries less than 2,000 vehicle trips per day. The street has a public right-of-way of 32 feet and a paved width for two lanes. A secondary access will be available from 114th Avenue SE near the Kent-Kangley Road. The average daily traffic on this road is about 3,500 vehicles per day. The traffic impacts from the proposed 3 Hearing Examiner Findings and Recommendation Blueberry Farm #SU-96-9 development would be 20 PM Peak Hour trips per day. Exhibit 1,MDNS. This increase in number of vehicles will contribute to the congestion of surrounding streets if no improvements are made to those streets. Improvements should include street widening, lighting, drainage and walkways. The applicant has agreed to mitigate traffic impacts associated with the proposed development. Exhibit 1, MDNS(There was no appeal of the MDNS); Exhibit 3, Revised Site Plan; Exhibits 4& 5 (Agreed Conditions). 9. The City of Kent water system and sanitary sewer system can be extended to each lot. Exhibit 1, Staff Report. 10. The environmental review for this application resulted in a conclusion by the City's Responsible Official that the project has no probable significant adverse impacts on the environment that cannot be mitigated. A final Mitigated Determination of Nonsignificance (MDNS)was issued for the proposed subdivision on February 7, 1996 pursuant to the State Environmental Policy Act. It was not appealed by the applicant or any citizen. The conditions of mitigation address several areas of environmental concern including traffic impacts, stormwater detention facilities, mitigation of impacts to wetland areas and dedication of land for utilities and streets. Exhibit 1, MDNS. 11. Public notice of this application was given by posting, publication and mailing. Exhibit 1, Affidavits of Harris and Holden. 12. Just prior to the public hearing,the applicant's attorney requested an opportunity to attempt to resolve some issues with the City prior to going on the hearing record. The Examiner granted this request. After discussion outside the hearing room, the city and the applicant returned with a conceptual agreement as to the conditions to be placed on an approval of the application. The City Public Works Department agreed to provide a detailed written description of the agreed conditions to the applicant's attorney for review anti comment by January 13th. The applicant's attorney agreed to respond to the written conditions by January 17th. An agreement on conditions was reached. Exhibits 4 & 5, Memorandums Between City and Applicant's Attorney. CONCLUSIONS 1. The Hearing Examiner has jurisdiction to hold a public hearing on this application; to consider all evidence presented at the public heating;and,based on that evidence,to present a recommendation to the City Council to approve,disapprove or approve with conditions the preliminary plat application. RCW 58.17, KCC 12.04.360, KCC 2.32.090. 4 Hearing Examiner Findings and Recommendation Blueberry Farm #SU-96-9 2. Notice of the public hearing on this application was properly given in accordance with applicable state statutes and city ordinances including Chapter 58.17 RCW and KCC 12.04.360. 3. The recommendation of the Hearing Examiner must be supported by the evidence presented, as stated in the Findings of Fact of this recommendation, and must be consistent with the standards and criteria for review specified in state statutes and city ordinances.The standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the Kent City Code (KCC) and Chapter 58.17 of the Revised Code of Washington (RCW). These review criteria include: (a) KCC 12.04.020 which provides that the purpose of the city's subdivision regulations is to: provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, ensuring that the highest feasible quality in subdivision will be attained;that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation,protection and proper use of land shall be ensured; that proper provisions for all public facilities (including circulation, utilities,and services)shall be made;that maximum advantage of site characteristics shall be taken into consideration;and that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plans shall be ensured. (b) KCC 12.04.330 which specifies eight requirements that must be shown on the preliminary plat map including appropriate names and dates,proposed'platted property lines, contours and elevations, proposed public service areas, square footage calculations for developed and open space, dimensions of each lot, statements of soil type and drainage conditions, a description of existing land cover, and a description of wildlife present. (c) KCC 12.04.370 which requires a written statement from the Seattle-King County health department as to the general adequacy of the proposed means of sewage disposal and water supply. (d) KCC 12.04.430 which provides for the protection of valuable, irreplaceable environmental amenities so that urban development may be as compatible as possible with the ecological balance of the area including preservation of drainage patterns, protection of ground water supply,prevention of erosion and preservation of trees and natural vegetation. 5 Hearing Examiner Findings and Recommendation Blueberry Farm #SU-96-9 (e) KCC 12.04.440 which specifies requirements for utilities including sanitary sewers, a proper drainage plan and a proper water distribution system. (f) KCC 12.04.450 which requires due consideration to the allocation of public service usage areas and due regard for all natural features including large trees, water courses, historical spots and other community assets that would add attractiveness and value to the property. (g) KCC 12.04.490 which provides for mitigation of any adverse effects of development upon the existing park and recreational facilities in the City of Kent. (h) RCW 58.17.110 which requires an inquiry into the public use and interest proposed to be served by the subdivision and a determination"that appropriate provisions are made for public health, safety and general welfare and for such open spaces, drainage ways, streets or roads,alleys,other public ways,transit stops,potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school." 5. Based on the Findings of Fact specified above, and with the specific conditions recommended below, the Examiner concludes that this preliminary plat application is consistent with the standards and criteria of applicable state statutes and city ordinances and should be approved. Findings of Fact No. 3,4,S,6, 7,8,9, 10,11,12. RECOMMENDATION The Hearing Examiner recommends that this preliminary plat application be APPROVED subject to the following conditions: A. CONDITIONS OF APPROVAL: 1. The subdivider shall implement all mitigation measures required by the Determination of Non-Significance for SEPA checklist #ENV-96-24 for the Blueberry Farm Subdivision. B. PRIOR TO RECORDATION OF THE BLUEBERRY FARM SUBDIVISION: 1. The owner/subdivider shall dedicate sufficient right-of-way for the construction of Southeast 264th Place to City Standards for a Residential street, minimum right-of-way width of 49 feet. This deed of right-of-way shall be provided based upon a survey to be performed by a licensed land surveyor of the subject property, Southeast 264th Place, and adjacent affected properties, and shall clearly delineate 6 Hearing Examiner Findings and Recommendation Blueberry Farm #SU-96-9 the existing public right-of-way to the east of the subdivision, property lines, curb lines,paving limits,and other public and private improvements within or adjoining the proposed right-of-way for the extension of Southeast 264th Place. 2. The owner/subdivider shall dedicate sufficient right-of-way for the construction of 110th Place Southeast to City Standards for a Residential street, minimum right-of-way width of 49 feet. This deed of right-of-way shall be provided based upon a survey to be performed by a licensed land surveyor of the subject property, 110th Place Southeast, Southeast 264th Place, and adjacent affected properties, and shall clearly delineate the existing property lines,curb lines,paving limits, and other public and private improvements within or adjoining the proposed right-of-way for the extension of Southeast 264th Place. At both the northeasterly and southerly termini of 110th Place Southeast,this dedication shall include sufficient right-of-way to construct a cul-de-sac turnaround meeting applicable City Standards. The minimum radii of these turnarounds shall be 51.5-feet. a. Unless the owner/subdivider dedicates and constructs a cul-de-sac turnaround at the southerly terminus of 110th Place,the owner/subdivider shall revise the subdivision to alter the access to all lots south of Southeast 264th Place. Access to these lots shall be via a Private Access Tract Roadway meeting applicable City Standards,instead,augmenting the standard design to include pedestrian walkways on hglh sides of the access tract. The owner/subdivider shall then grant a 36 foot wide access tract,and the alignment shall be such as to bring the access tract roadway radial to the construction centerline of the horizontal curve connecting 110th Place SE and SE 264th Place. 3. The owner/subdivider shall grant a 10-foot wide pedestrian access tract across the northerly subdivision frontage from the westerly boundary of Lot 6 to the northwesterly comer of the subdivision. 4. The owner/subdivider shall grant a 10-foot wide pedestrian access tract from 110th Place Southeast along the common property line between Lots 6 and 7, to the northerly subdivision boundary. 5. It is recommended that the owner/subdivider revise the configuration of Lots 3,4 and 5 to provide access by means of a Private Access Tract Roadway meeting applicable City Standards. Should the owner/subdivider so choose, the owner/subdivider shall grant a 26-foot wide access tract radial to the horizontal curve in 110th Place SE. 6. It is recommended that the owner/subdivider revise the configuration of Lots 9, 10, and 11 to provide access by means of a Private Access Tract Roadway meeting 7 Hearing Examiner Findings and Recommendation Blueberry Farm #SU-96-9 applicable City Standards. Should the owner/ subdivider so choose, the owner/ subdivider shall grant a 26-foot wide access tract radial to the cul-de-sac bulb at the location currently proposed for the "panhandle" of Lot 10. 7. The property owner reserves the right to construct an eight-inch center sewer line within the easterly 25 feet of Tract A for the benefit of the subject property and such off-site property as the City has required to use such line. The property owner shall grant a 35-foot-wide temporary construction easement adjacent to and easterly of the east boundary of Tract A until a complete application is filed for a building permit on any of the lots on which the said temporary easement encroaches whereupon the temporary easement shall automatically, without any further action on the part of the property owner be reduced in width to the westerly most 15 feet of said easement on the affected lot. Within 60 days after the automatic reduction in width, the City shall remove all equipment and construction material from that portion of the vacated easement and shall restore the easement area to substantially the same condition as existed prior to the grading of the easement. 8. The City has approved the Wetland Delineation Report for this subdivision, and the most recent submittal for an averaged wetland buffer. These revisions are permissible,but require buffer mitigation in compliance to the City of Kent Wetlands Management Code,which mitigation shall consist of grading and planting of typical wetland buffer grasses. The revised and approved wetland buffer edge shall be shown on the face of the final plat. The minimum width of the revised wetland averaged buffer shall not be less than 25 feet. 9. The owner/subdivider shall permanently protect the approved and preserved, and/or enhanced,or created wetland(s) and it's buffer(s)by dedicating a separate Sensitive Area Tract to the CityThis Sensitive Area Tract shall be consistent with the wetland and wetland buffer map contained within the approved Wetland Delineation Report and/or approved Wetland Mitigation Plan as appropriate,unless otherwise approved. The owner/subdivider shall provide a legal description of said tract prepared by a licensed land surveyor,prior to issuance of any construction permits. The Sensitive Area Tract and the following language shall be included on the face of the recorded plat: SENSITIVE AREA TRACTS TRACT A SHALL BE DEDICATED TO THE CITY IN FEE FOR SENSITIVE AREA TRACT PURPOSES AND FOR PUBLIC UTILITY PURPOSES SUBJECT TO THE RESERVATION OF A 25-FOOT-WIDE SEWER EASEMENT AS 8 Hearing Examiner Findings and Recommendation Blueberry Farm #SU-96-9 DESCRIBED IN PARAGRAPH 7 OF THE CONDITIONS OF PRELIMINARY PLAT APROVAL. DEDICATION OF A SENSITIVE AREA TRACT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT. THE SENSITIVE AREA TRACT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS)ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY. 10. The owner/subdivider shall submit and receive approval for required engineering drawings, and either construct or bond for the following: a. Separate and apart from the construction of a sewer interceptor line by the City, a gravity sanitary sewer system to serve all of the lots in this plat and all off-site properties within the same service area as defined by the City. The sewer system shall be extended to the intersection of SE 264th Street at 108th Avenue SE. Specifically, the sewer system shall be located in such a manner as to provide gravity sewer service to the Norder and Mack properties with a connection to the existing system in the vicinity of the aforementioned 9 Hearing Examiner Findings and Recommendation Blueberry Farm #SU-96-9 intersection. The size, location, and depth of this sewer line shall be as determined by the Director of Public Works. The developer shall be responsible for the equivalent cost of an 8-inch gravity sewer to service the subdivision. If the City constructs the sewer interceptor, the developer will be charged for the equivalent of the cost of an 8-inch sewer line. Unless otherwise approved by the Director of Public Works,the associated tract area shall be improved with a 12-foot wide non-paved access road, with a maximum longitudinal gradient of 15%over the entire length of the tract for maintenance in accordance with City construction standards. b. A water system meeting domestic and fire flow requirements for all lots. C. A Wetland Mitigation Plan which addresses all impacts associated with the construction of the required temporary sanitary sewer installation, and with the impacts associated with the approved drainage system. i. Approved Wetland Mitigation Plans will require the posting of a Construction/ Performance Bond equal to 125 percent of the approved cost to construct the mitigation provisions, plus an additional 10 percent to account for City administration fees. ii. The Wetland Construction Bonds will not be released until the required 3-year monitoring program is completed and accepted by the City of Kent. d. A public stormwater drainage system which shows how up to the 100-year post-developed stormwater runoff from this development will be collected, conveyed, treated, stored, and released to the City stormwater drainage system in compliance to the Kent Construction Standards and which also meets the more specific requirements listed below: i. The owner/subdivider shall construct an on-site detention pond system in accordance with the Kent Construction Standards to mitigate for potential impacts to stormwater runoff quantity. The detention storage volume and release standards to be met for this project shall be that for the HILLS. Earthen side slopes of the pond shall be no steeper than 3:1,although short(less than 4 feet in height) retaining walls/weirs may be acceptable along but outside of the dedicated Sensitive Area Tract for the wetland and its buffer, if this structure is provided to ensure sheet flow discharge to the adjacent wetlands. 10 Hearing Examiner Findings and Recommendation Blueberry Farm #SU-96-9 ii. The detention pond and treatment systems shall include release facilities that ensure sheet flow discharge across the adjacent wetland buffers in compliance to the requirements of the City of Kent Wetlands Management Code. iii. Biofiltration swales or strips,where used for water quality treatment, shall be preceded by a diversion structure which diverts all flows above the water quality design storm to a level spreader facility designed to ensure sheet flow to the adjacent wetland buffer. Biofiltration swales will not be permitted within the sensitive area tract because these impacts can be avoided and do not allow for sheet flow release into the wetland buffer. The use of a level spreader at the outer edge of the wetland buffer would be permitted,providing it is designed as an integral part of a biofiltration strip constructed within the wetland buffer, and providing it includes proper mitigation (minor leveling and planting) for that construction. iv. Roof downspouts for each building shall be directed to Roof Downspout Infiltration Trenches meeting the requirements of the Stormwater Management Manual for the Puget Sound Basin, except that overflow pipes shall be connected to an approved conveyance system. The following note shall be contained on the face of the final plat: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER PLANS. V. The required downstream analysis for this development will include an analysis for capacity,erosion potential,and water quality from the point of discharge from the subject site downstream to the point where stormwater discharges to the City of Kent stormwater drainage system, or for a distance of one-quarter mile, whichever is further. The owner/subdivider shall identify all downstream reaches which do not have the capacity to cant'the 100-year, 24-hour peak design flow rate. Should downstream capacity be insufficient to convey the 25- year, 24-hour peak flow rate, the owner/subdivider shall either provide necessary off-site improvements(and easements or drainage releases/waivers where necessary), OR further detain/retain 11 Hearing Examiner Findings and Recommendation Blueberry Farm #SU-96-9 stormwater and restrict the release rate of stormwater to ensure that the capacity of the existing conveyance system will not be exceeded. Similarly,should an erosion problem be exacerbated by the proposed release conditions, then the owner/ subdivider will have to further restrict the release of stormwater from this development. vi. Approved Detailed Drainage Plans will include the requirement to install approved anti-dumping, storm drainage markings adjacent to all catch basins and/or drains within the entire site and immediately adjacent to the site on public right-of-ways. vii. Approved Detailed Drainage Plans will include a posted Construction Bond for all work contained within both Detailed Drainage Plans and Temporary Erosion/Sedimentation Control Plans. viii. A Landscape Plan for within and surrounding the detention facility shall be submitted to the Kent Planning Department and the Department of Public Works for concurrent review and approval prior to approval of the Detailed Drainage Plans. ix. As-built drainage plans for the entire site meeting the requirement of Appendix E or the Construction Standards shall be prepared by a professional land surveyor licensed by the State of Washington and approved by the City prior to release of any Construction Bonds. X. Approved Detailed Drainage Plans may require acquisition of either: off-site public drainage easements. e. A Detailed Grading Plan for the entire Subdivision, including provisions for streets,utilities, and a constructed building pad for every lot. This Detailed Grading Plan shall meet the requirements of the City of Kent Construction Standards and shall be consistent with the required Detailed Tree Plan. i. The Grading Plan will require an approved Soils Report which includes specific provisions for:the proposed detention pond system; the long-term stability of all slopes steeper than 2:1; and Roof Downspout Infiltration Trench design parameters. ii. The Grading Plan will reflect the approved Tree Plan and clearly show which trees are designated to remain upon completion of grading. 12 Hearing Examiner Findings and Recommendation Blueberry Farm #SU-96-9 f. The owner/subdivider shall submit a Detailed Tree Plan for the general site, for the roadway, and for all individual lots showing all trees six inches in diameter or greater, and their relationship to any proposed structures. This plan must be approved by the Kent Planning AND Public Works Departments prior to approval and construction of the final roadway design and prior to the issuance of a development permit for any lot. No trees of six inch caliper or greater shall be removed from any lot except to a tree plan approved by the Kent Planning Department. g. A Temporary Erosion/Sedimentation Control Plan for the entire subdivision which appropriately reflects the Detailed Grading Plan discussed above. h. A 32-foot wide paved roadway for SE 264th Place; concrete curbs and gutters; five [5]-foot wide concrete sidewalks along the both sides of the street; street lighting; storm drainage; street channelization; utilities and appurtenances,and 35-foot radius curb returns at the intersection of Southeast 264th Place and 110th Place SE. This shall also provide for a transition designed to a 25 MPH design speed to the section of SE 264th Place to be constructed to the west of the subdivision— if not already constructed by the developer of the Mack Park Subdivision. i. A 32-foot wide paved roadway;concrete curbs&gutters on both sides of the street; five [5]-foot wide concrete sidewalks along both sides of the 110th Place Southeast;street lighting;storm drainage;street channelization;utilities and appurtenances, and cul-de-sac turnarounds per City Standards for a Residential Street. This shall include a minimum 49-foot right-of-way along the roadway and a 51.5-foot radius [at right-of-way-line--45-feet at the curb line] in the cul-de-sac turnarounds, and 35-foot radius curb returns at the intersection of the plat street and Southeast 253rd Street. Unless the owner/subdivider revises the subdivision map, and dedicates and constructs a cul-de-sac turnaround at the southerly terminus of 110th Place SE,the owner/subdivider shall alter the access to all lots south of Southeast 264th Place.Access to these lots shall be via a Private Access Tract Roadway meeting applicable City Standards, instead,augmenting the standard design to include pedestrian walkways on bgb sides of the access tract. The owner/ subdivider shall then construct a 24-foot wide access roadway, with five-foot wide concrete sidewalks along both sides of the roadway, and with an alignment that places the alignment of the access tract roadway radial to the construction centerline of the horizontal curve connecting 110th Place SE and SE 264th Place. 13 Hearing Examiner Findings and Recommendation Blueberry Farm #SU-96-9 j. A 24-foot wide paved roadway; concrete curbs and gutters on the northerly side of Southeast 264th Place from the easterly subdivision boundary to the current end of the improvements in the 11200 block; including an asphaltic concrete paving section designed to City Standards for a Residential Street; concrete curbs, gutters,and a five 3]-foot wide concrete sidewalk along the northerly side of the SE 264th Place; street lighting; storm drainage; street channelization; utilities and appurtenances. k. A 10-foot wide asphaltic concrete paved walkway, from 110th Place SE to the northerly subdivision boundary at a location between Lots 6 and 7. This walkway shall include a asphaltic concrete paving section, fencing, storm drainage systems, and suitable night-time illumination. 1. A 10-foot wide asphaltic concrete paved walkway along the northerly subdivision boundary,from the northeasterly comer of Lot 7 westerly to the intersection of SE 264th Street and 108th Avenue SE. This walkway shall include an asphaltic concrete paving section, fencing, storm drainage systems, and suitable night-time illumination. If the owner/subdivider chooses to revise the configurations of Lots 4, 5 and 6 per Condition B. 5, above then: M. A 24-foot wide paved roadway meeting applicable City Standards for a Private Access Tract Roadway including an asphaltic concrete paving section designed to City Standards for a Residential Street; storm drainage; street channelization; utilities and appurtenances.. 11. The owner/subdivider shall dedicate all necessary public right-of-way for the improvements listed in Section B, above, and provide all public and private easements necessary for the construction, operation, and maintenance of the required improvements. 12. Dedicate five percent(50/6)of the total plat area being developed as open space park land or pay a voluntary fee in lieu of dedication as set forth in Ordinance No. 2975. C. PRIOR TO ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THE BLUEBERRY FARM SUBDIVISION: 1. The owner/subdivider shall submit detailed Grading Plans AND Temporary Erosion and Sediment Control Plans in conformance to the City Construction Standards to the Department of Public Works for review and approval prior to any on-site work. 14 Hearing Examiner Findings and Recommendation Blueberry Farm #SU-96-9 2. The owner/subdivider shall construct and receive City acceptance/approval of the required wetland mitigation measures required for this development. 3. The owner/subdivider shall receive City approval of the as-built drainage plans for the entire site shall be prepared by a professional land surveyor. 4 Construct all improvements required in Sections A &B, above. Dated this 3rd day of February, 1997 THEODORE PAUL HUNTER Hearing Examiner APPEALS FROM HEARING EXAMINER DECISIONS. ORDINANCE 3320 (excerpt l: The action of the city council, approving, modifying, or rejecting a recommendation or decision of the hearing examiner, shall be final and conclusive, unless within twenty-one(21) calendar days of the city council action, an appeal is filed with the Superior Court. 15 City of Kent- Planning Department 588'38'41"E =_ 552.49' .J. `� � � °A � j 5 JS ,O.•. v..6076 6771 5662\ Qi>>O 74' -6- f-1 PL. `n 13, �r•9e�y 0l ,�S, 7739 .e1 QE ISUTILIT'(� - 20 7102. a, o 9 x, 00 5945•. j4•� \ 773P.oa Z N ON CO .45 N88'38'�til"W .21 A,1; APPLICATION NAME: Blueberry Farm NUMBER: #SU-96-9 DATE: January 8, 1997 PI=QUEST: Preliminary Plat LEGEND A Application site N Site Plan Kent City Council Meeting Date March 4 . 1997 Category Other Business 1. SIIBJECT: RIVERBEND GOLF COMPLEX MANAGEMENT PROPOSAL 2. SUMMARY STATEMENT: At a special Parks Committee meeting on February 18, the committee made the following recommendations: 1. A. That the City of Kent continue to manage the maintenance of the Riverbend Golf Complex. B. That the City of Kent conduct a Request for Proposal (RFP) process for golf operations management beginning in 1998 . C. That if the RFP process is conducted, the City con- tract with an outside consultant to develop the RFP v and assist in the evaluation process. That City of Ke / taff be allowed to decide its ability to manage the R' rbend Golf Complex and to submit a (A proposal withi t e RFP process. 3 . EXHIBITS: None 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOIIIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember f A, ' moves, Councilmember 'ti.d.�t seconds 1. A. That the City of Kent continue to manage the 4V, maintenance of the Riverbend Golf Complex, B. That the City of Kent conduct a Request for Proposal (RFP) process for the golf operations management beginning in 1998, C. That if the RFP process is conducted, the City con- tract with an outside consultant to develo�P the RFP and assist in the evaluation process3 o'c' ' „ That City of Ke t aff be allowed to decide its bility v to manage the Ri. rbend Golf Complex and to s it a proposal withi t RFP process_ . L i DIISCUSSION: i --- - ACTION• L� Council Agenda Item No. 4B CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS CITY OF KENT PARKS COMMITTEE MEETING FEBRUARY 4, 1997 Council Present: Chair Judy Woods; Connie Epperly, Jon Johnson Leona Orr in audience Staff Present: John Hodgson; Lori Hogan, Helen Wickstrom, Pete Petersen, May Milller, Roger Lubovich, Lori Flemm, Teri Petrole-Stump Others Present: George Billings, 11011 SE 200th, Kent, Washington 98031; Charles Turner, 604 W. Meeker#204 Kent, Washington 98032; Rosemary Mastro, 25714 35th Place South, Kent, Washington 98032; Jerri Proszek, 24835 16th Avenue South, Des Moines, Washington 98198; Jim Stone, S.S.M.D.; Linda Johnson, Downtown Association; Herald Perantie, 23241-114th Place SE, Kent; Dan Ellenwood, 4403 So. 263rd St. Kent; Sharon Senn, 402 W. Meeker, Kent; Candy Howard, P.O. Box 554, Kent; Dee Moschel, Downtown Association; Pat Curran, Downtown Association; Garry Stewart, Downtown Association; Dell Durden Judy Woods started the meeting at 5:00 p.m. There were no added items. John Hodgson introduced Lori Flemm, the new Superintendent of Parks Planning & Development. Lori replaces Helen Wickstrom who retired at the end of January 1997. Saturday Market Vendor Evaluations: Linda Johnson reported that over 40 vendor surveys have been received to date. The results were very positive. All but three vendors felt Market staff were wonderful to work with and were happy with the Market. Linda also submitted a letter for public record requesting Kent Downtown Partnership take over the operation of the Market. The letter (attached) was accepted and made public record by a motion from Jon Johnson and seconded by Connie Epperly. The Committee agreed to discuss this issue at a future meeting. Youth Sports Facilities Grant: Staff requested approval to have Mayor White sign the King County Youth Sports Facilities Grant (YSFG) contract, accepting the $66,989.00 grant and changing the budget for the Kent Memorial Park Tot Lot Restoration Project. Connie Epperly moved, Jon Johnson seconded. Motion carried 3-0. Transfer Funds From Youth/Teen Budget to Skatepark Budget: Staff requested authorization to transfer $49,260.00 from the Youth/Teen budget to the Skatepark budget, and accept and change the Skatepark budget to include $153.00 from the sale of plans from the bidding process. Jon Johnson moved, Connie Epperly seconded. Motion carried 3-0. Parks Committee Meeting Minutes Page Two February 4, 1997 Year End Reports: John Hodgson encouraged the Parks Committee to read through the Year-end reports to see the incredible accomplishments the Parks and Recreation Department had in 1996. He accented the Adopt-a-park program, which accepted $198,445.00 in grants, donations, in-kind and volunteer work hours in 1996 that allowed improvements to parks with no tax payer's money used. Riverbend Golf Complex Management Study Report: John Hodgson began by introducing some of the Task Force members attending the Parks meeting. May Miller, Director of Finance, explained the new IRS issuance of the Final Activity Bond Regulation. There are six options that need to be reviewed which impact the contract for operating the Riverbend Golf Complex (see attachment). The committee and staff felt strongly that the new options should be looked at, in conjunction with the review of the Golf Course operation. The committee agreed to hold a special meeting on February 18, to further discuss any effects the new IRS regulations may have on the Riverbend Golf Complex. Also on the agenda will be additional discussion on the KDP/Kent Market issue. John Hodgson hopes to have Council action on the management study of the Riverbend Golf Complex at the March 4, City Council meeting. Meeting adjourned at 5:30 p.m. '02iO4r97 15:47 LE.HMRN BROTHERS SEArTL; ?0E 350 2541 N0.41i P202 UHAN BROTHERS M MEMORANDUM To: May Miller John Hodson FROM: Richard B. KutgtO DATE: February 4, 1997 SUBJECT: Final Private :activity Bond Regulations On January l0, 1997, the Internal Revenue Service issued final private activity bond regulations, which modify the proposed regulations first issued on December 30, 1994. These regulations apply to the Ciry's Golf Course because the City has financed various aspects of the Golf Course with the proceeds of tax-exempt bonds. The City, in fact, has promised the owners of the 1981 LTGO Bonds, the 1988 Revenue Bonds and the 1995 LTGO Bonds that it will (i) take whatever steps are necessary to preserve the tax-exempt status of these Bonds and (ii) take no steps that jeopardize or harm the tax-exempt status of these Bonds. As the City has observed previously. thus, it must ensure that any contract for the private operation of the Golf Course must follow the regulations for management contracts to ensure the interest on these three issues remains tax- exempt. As under the existing, general rules on compensation paid by the City to the service provider. no compensation may be based, in whole or in part, on a share of net profits fTom the operation of the Golf Course. The final regulations essentially provide a trade-off between the length of the contract and the amount of the service provider's compensation that can be variable (presumaoiy depending on gross revenues): the longer the contract the smaller the amount of compensation that can be variable. The final regulations do provide for payment to service provide: of "productivity reward" that is equal to stated dollar amount based on increases in gross revenues or reductions in total expenses (but not both) in any annual period in the term of the contract. There are six types of management contracts permitted under the final regulations, one of which are not applicable to the Golf Course. Described below are the alternatives that are available to the City: 1. If at least 95% of compensation to the service provider for each annual period during term of contract is based on periodic fixed fee, the term of the contract (including renewal options) can not exceed the lesser of 90% of the reasonably expected useful life of the Golf Course and 15 years; 02/04/97 15:a7 LENrtAN BROTHERS SEArrt_r 206 050 2541 NO.411 P003 -2 - d on i fee, the 2. If at least 80% of the compensation to the service provider is base the periodic lesser of 80°° of the term of the contract (including renewal options) can not reasonably expected useful life of the Golf Course and 10 years; 3. (This one is not applicable to the Golf Course,since this provision addresses utilities.) 4. If either(a) at least 50% of compensation to the service provider is based on a periodic fixed fee,or(b) 100%of compensation is based on a capitation fee or a combination of a capitation a it can fee and periodic fixed fee, then the term of the contract (includingbia al rat the end of not exceed j years, and the contract must be terminable without penalty contract wee years—this is essentially the requirement under which the existing Golf Course operates; ation of a er-unit fee and j. If l00% of compensation based the contract(inhiding rcnewt fee or a aopt ors) cart not exc d a periodic fixed fee, .heof vears, and the contract must be terminable without penalty or cause at the end of t11e second term; and lusively 6. (This one is not applicable to the Golf Course, since this [suchlas radiologyon relates cservices Co situations of providing services primarily to third p gross patients] or facilities during the start-up period when experience for determining annual gr revenues and expenses is not yet available.) the City still Although the term of the permitted managem x contracts has aincome.It seems faces me inability to compensate the contractor on the basis of net or useful in situations in which the municipality has greater the management contracts may be more certainty over revenues and expenses than exists with regard to the sts Golf Course. thecontractotr. would make it easier to determine the appropriate amount of compensation to pay In this case, however, there is tremendous uncertainty over revenues and expenses at the Golf City were to select Coarse, whirl will limit the term of a manah ent h alternative mostlikely es not, in act, available, capitation fee (so many dollars per golfer), this would limit the term of the contract to the current Five year limitation (terminable in three g. years). We do anticipate the use of the revised private activity regulations will increase. particularly for ixemunicipal utilities where a private ent oaerator is of thgetGolf Course's revenueso operate the facility [ however, seems per unit over a 20 year term. The uncertainty ploy the new regulations in a fashion that results in ;rester likely to frustrate efforts to ern flexibility than the City currently enjoys. I hope this information is useful. Please call me with any questions. . f, µ L l 1�ent' DOWNTOWN PARTNERSHIP February 4, 1997 Parks Committee Kent City Council 220 4th Ave S Kent, WA 98032 Dear Council Member, In 1993 Kent Downtown Partnership (KDP) entered into the agreement to manage the Kent Saturday Market. We did so with the understanding that eventually KDP would undertake the sole responsibility of managing the Market. KDP is now in a position to assume full responsibility for the Market and proposes to assume that responsibility on March, 1 1997. We have been working with City staff to prepare a service contract with the City (for garbage - portable toilets - etc.), and a transfer of property (umbrellas - tables - etc.). A clause will be included that, in the case KDP is no longer in a position to manage the Market, the City will have first right of refusal. Thank you for your consideration and support. Sincerely, Charles Turner, President Kent Downtown Partnership P.O. Box 557 • Kent, WA 98035-0557 • (206) 813-6976 CITY OF BRENDA JACOBER (Please put in Council agenda _ packet) Jim White, Mayor CITY COUNCIL PLANNING COMNUTTEE MINUTES February 4, 1997 Planning C'om_mittee Members Present: City Attorney's Office Leona Orr, Chair Tom Brubaker Tim Clark Jon Johnson Other planning Siff Mark Hinshaw Jim Harris, Planning Director Kevin O'Neill, Senior Planner Fred Satterstrom, Planning Manager Kim Marousek, Planning Intern Margaret Porter, Administrative Assistant III Teresa Beener, Administrative Secretary # ZCA-96-5 =D USE ZONING - (K. O'Neill) Senior Planner Kevin O'Neill explained that mixed use development is a mixture of residential and commercial uses together in the same building or on the same site. The concept of mixed use development in the City of Kent was first introduced in the 1989 Downtown Plan. The Comprehensive Plan which was adopted in 1995 established areas that were designated as mixed use. Mr. O'Neill explained that the area designated as mixed use on the east hill is limited in that residential development is only allowed when it is a part of a mixed use development. Stand alone residential development would be allowed outright in the other mixed use areas. Mr. ONeill stated that mixed use development is a new concept. The City hired a consultant. Mark Hinshaw, to help with the implementation. Mr. Hinshaw is an architect and an urban design and planning consultant. Consultant Mark Hinshaw explained that single district regulations have been dominant for the last 50 years. He stated that this makes it difficult to establish comfortable and compatible mixed uses. Mr.Hinshaw remarked that it is important to develop a certain character of development to eliminate the possibility of negative impact from the different uses. Mr. Hinshaw explained the different options the City has to establish mixed use development. The first option is to amend current zoning that exists in the mixed use areas to permit residential uses. The second option is to create a new zoning district, rezone all the areas, and develop a new set of rules to go by. The disadvantage to boththose options is that we're assuming mixed use would be appropriate in all the areas. There are some established patterns in some of the areas that are not immediately conducive to residential living,. 220 ath AVE SO /KENT WASHINGTON 98032-5895 1 TELEPHONE (1_06)859-3300/FAX 4 859-3334 City Council Planning Committee Minutes February 4, 1997 The third option which was approved by the Land Use and Planning Board was focused on the idea of creating overlay districts that introduce this concept, selectively apply it, and tailor it to areas that are more conducive to mixing commercial and residential uses. The development community can start to move in that direction. Mr. Hinshaw explained that in time the City could expand the overly district to cover more areas. Mr. Hinshaw stated that in order to promote mixed use development some key concepts had to be considered. One would be to eliminate the need for a conditional use permit. Developers are discouraged from initializing a mixed use development when there exists an uncertainty as to whether a conditional use permit would be approved or not. He also explained that establishing an incentive system to encourage adding residential uses to a commercial development. Mr. Hinshaw clarified that the "incentive"would in no way discourage stand alone commercial. Mixed uses allow for a greater efficiency in the use of parking. It's possible to have a reduction in parking requirements. Finally, the key concept is to add to the quality of the community, building a new form of neighborhood, a new choice of living. The best way to ensure a certain quality of development is by establishing a layer of design guidelines and an administrative design review process. This would assure that as the new projects are proposed they go through a process of scrutiny and evaluation so you can tailor the development to fit the individual attributes of each project. Mr. Hinshaw described some of the key attributes of the proposed code. Establish two overlay districts. Overlay district A would incorporate the north and west of downtown and B would be the area on East Hill. As described in the Comprehensive Plan, overlay district A would allow multifamily development outright, either free standing, part of a commercial development, or part of a commercial building. However, overlay district B on the East Hill will not allow residential development unless it is proposed as a part of a mixed use development. Mr. Hinshaw explained the concept of floor area ratio (FAR) and gave an example of how the concept could be used to encourage mixed used development. Committee member Tim Clark questioned what would happen if a existing commercial development wanted to expand and added a guard shack to the property and called it a mixed use development. Mr. Hinshaw explained that the guardshack would have to fit the definition of what constitutes a resident. The addition of residential uses on a property would need to be significant to affect the amount of FAR that would be increased for the commercial component. Committee member Clark voiced his concern regarding intense traffic patterns during peak hours. Mr. Hinshaw explained that there tends to be problems in very intense urban areas. The commercial traffic is generally the cause of peak hour congestion not so much the residential. . 2 City Council Planning Committee Minutes February 4, 1997 Committee member Clark questioned the safety issue mixing residential uses that would bring families to commercial areas. Mr. Hinshaw explained that the residential uses would appeal to seniors, singles and young couples. He explained that it may be a long while before conventional families perceive this kind of environment for families. Committee member Clark questioned if there were any significant issues regarding insurance claims. Mr. Hinshaw explained that he wasn't aware of anything and asked Committee member Clark for an example. Committee member Clark explained that he was referring to robbery, cross use of plumbing facilities, security issues, fire hazards, etc. Mr.Hinshaw explained that mixed use will immediately trigger different sections of the building and fire code to be brought into play. He stated that developers will bb hit with a wrath of other applicable codes that are already in place. Mr. Hinshaw stated that he has heard a lot of evidence indicating that when uses are mixed together the crime tends to decrease in the area. He attributed the decrease in crime to having more eyes watching. He explained the idea of a bonus program for establishing basic height limits and mitigating a greater allowance when the development adds specific amenities. Setbacks could be eliminated except to accommodate a front sidewalk or when the development is adjacent to a residential zone. A more complex parking standard could be developed to accommodate the overlapping uses. Mr. Hinshaw presented different sketches of possible development options. He displayed examples of the standard commercial building with surface parking, and ideas of mixing the different uses between separate buildings, as well as, on separate floors in the same building. Mr. O'Neill explained the proposed criteria to be used in designating the boundaries of the mixed use overlay areas. The criteria was outlined in the October 28 staff report. Mr. O'Neill stated that mixed use development is allowed at this time through a conditional use permit process. He explained that the overlay areas could be expanded if the mixed use development guidelines work in the smaller targeted areas. Planning Manager Fred Satterstrom explained that it was not clarified through the Land Use and Planning Board recommendation what to do with the existing conditional use permit that would allow mixed use development. Fred stated that it is staff's recommendation to eliminate the conditional use permit that would allow for mixed use outside of the overlay areas. Chair Leona Orr questioned if requiring a conditional use permit delayed the application process. Fred explained that a conditional use permit does require the applicant to go through the Hearing Examiner process. City Council Planning Committee Minutes February 4, 1997 Mr. O'Neill explained the following steps necessary to implement mixed use zoning: Amend the zoning code to implement a mixed use overlay boundary Amend the zoning code to allow mixed use development within the overlay. Limit the overlay area on East Hill so residential development would only be permitted as part of a mixed use development Amend the zoning code to adopt amended development standards within the designated mixed use overlay(FAR,building height,lot coverage,off-street parking, and set backs) Amend the zoning code to require that new development within the mixed use overlay be reviewed through an administrative design review process. Mr. Hinshaw presented a brief slide show displaying existing mixed use development from other local jurisdictions. ADJOURNMENT The meeting was adjourned at 4:58 p.m. UADOOPCOMWINUTESTCO2-4.MIN 4