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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/03/1999 w City of Kent City Council Meeting Agenda CITY OF loot x Mayor Jim White Counci/members Leona Orr, President Sandy Amodt Connie Epperly Tom Brotherton Judy Woods Tim Clark Rico Yingling August 3, 1999 Office of the City Clerk • CITY OF MAla-JSV SUMMARY AGENDA KENT CITY COUNCIL MEETING V August 3, 1999 r Mayor Jim White Council Chambers 5 :00 p.m. MAYOR: Jim White COUNCILMEMBERS : Leona Orr, President Sandy Amodt Tom Brotherton Tim Clark Connie Epperly Judy Woods Rico Yingling ******************************************************************* 1 . CALL TO ORDER/FLAG SALUTE 2 . ROLL CALL 3 . CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4 . PUBLIC COMMUNICATIONS A. Yangzhou Exchange Students B. Youth Art Winner - Anna Slater C. Chamber of Commerce Presentation - Freight Mobility Improvement Team D. mployee f the Month �• A&h oral A D-" 5 . PUBLIC HEARINGS None 6 . CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C. Capital Facility Plan - Set Public Hearing Date D. 2000 Budget - Set Public Hearing Date E. Worker Compensation Third Party Administrator Contract - Authorization F. 2000-2002 HOME Interlocal Agreement - Authorization G. Community Development Block Grant Interlocal Agreement (ICA) - Approval H. 1998 Miscellaneous Watermain Improvements - Accept as Complete I . Six Year Transportation Improvement Plan - Set Public Hearing Date J. Street Vacation, SE 272nd Near 132nd Ave SE - Resolution Setting Public Hearing Date 1 ' K. Street Vacation, Hawley Road - Resolution Settingl., Hearing Date L. Kent Drinking Driver Task Force Grant Funding - Acceptance M. Kent Drinking Driver Task Force Grant Funding - Authorization to Enter into Contract Negotiations N. View Regulations - Ordinance (continued next page) • SUMMARY AGENDA CONTINUED 7 . OTHER BUSINESS A. Condominium (Townhouse) Zoning- Approval 8 . BIDS A. 1999 Traffic Striping 9 . REPORTS FROM STANDING COMMITTEES AND STAFF 10 . REPORTS FROM SPECIAL COMMITTEES 11 . CONTINUED COMMUNICATIONS 12 EXECUTIVE SESSION None 13 . 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 Clerk' s Office in advance at (253) 856-5725 . For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388 . CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) Yangzhou Exchange Students B) Youth Art Winner - Anna Slater C) Chamber of Commerce Presentation - Freight Mobility Improvement Team D) Employee of the Month CONSENT CALENDAR 6 . City Council Action: Councilmember 01W moves, Councilmember W seconds that Consent Calendar Items A through N be approved. Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of July 20, 1999 . 6B. Approval of Bills. Approval of payment of the bills received through July 15 and paid on July 15, 1999, after auditing by the Operations Committee on July 20, 1999 . Approval of checks issued for vouchers : Date Check Numbers Amount 7/15/99 219958-220377 $ 597 , 518 . 61 7/15/99 220378-220823 1, 204 , 845 . 76 $1 , 802 , 364 . 37 Approval of checks issued for payroll for July 1 through July 15 and paid on July 20, 1999 : Date Check Numbers Amount 7/20/99 Checks 237114-237501 $ 310, 490 . 04 7/20/99 Advices 82308-82890 864 , 179 . 04 $1, 174 , 669 . 08 Council Agenda Item No. 6 A-B Kent, Washington July 20, 1999 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present : Councilmembers Amodt, Brotherton, Clark, Epperly, Orr, Woods, and Yingling, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Fire Chief Angelo, Planning Director Harris, Public Works Director Wickstrom, Parks Director Hodgson and Employee Services Director Viseth. Approximately 25 people were at the meeting. CHANGES TO Council Meeting. Epperly added Other Business THE AGENDA Item 7D regarding the time of the Council Meeting of August 3 , 1999 . Executive Session. McFall added pending and potential litigation to the Executive Session. Consent Calendar Items. McFall made comments regarding Consent Calendar Items 6E and 6G as shown in the minutes . PUBLIC National Night Out. Mayor White read a proclama- -- COMMUNICATIONS tion noting that it is important that all citizens of Kent know the value of crime prevention pro- grams and the impact that citizen participation can have on reducing crime and drug abuse . He proclaimed August 3 , 1999, as National Night Out and encouraged citizens, neighborhoods and communities to participate . Lt . Woods accepted the proclamation and noted that at least 14 neighborhoods are participating this year, and that the City placed 17th nation-wide last year for a city of this size . CONSENT ORR MOVED that Consent Calendar Items A through J CALENDAR be approved as amended. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of July 6, 1999 . PUBLIC WORKS (BIDS - ITEM 8A) Mill Creek Interurban Pedestrian Trail Bridge. The bid opening for this project was held on May 25th with eight bids received. The apparent low bid was submitted by Paul Scalzo in the amount of $63 , 908 . The Engineer' s estimate was $43 , 170 . 1 Kent City Council Minutes July 20, 1999 PUBLIC WORKS The Public Works Director recommends that this contract be awarded to Paul Scalzo. CLARK MOVED that the Mill Creek Interurban Pedestrian Trail Bridge contract be awarded to Paul Scalzo for $63 , 908 . Woods seconded and the motion carried. PLAT (CONSENT CALENDAR - ITEM 6J) Stone Wood Final Plat FSU-97-13 . APPROVAL of the staff ' s recommendation of approval with conditions of the Stone Wood Final Plat and authorization for the Mayor to sign the final plat mylar. This final plat application was submitted by Jim Merritt of H&M Building and Development for the Stone Wood Final Plat . The City Council approved the preliminary plat with conditions on July 13 , 1998 . ZONING CODE (OTHER BUSINESS - ITEM 7A) AMENDMENTS View Regulations Zoning Code Amendment ZCA-99-6 . The Land Use and Planning Board held a public hearing on June 28, 1998, regarding amendments to the Zoning Code related to the existing view regulations . The Board recommended adoption of the staff ' s recommendation as outlined in the July 28 staff report with two. additional amendments as outlined on page 5 of the July 28 LU&PB minutes. Kevin O'Neill of the Planning Department noted that regulations have been in place since 1973 which are meant to regulate the placement of buildings on hillsides to protect views . He explained that planning and legal staff has expressed concerns about some of the existing provisions of the ordinance . He stated that the Land Use and Planning Board supported amendments which would make the regulations more legally defensible and recommended adding a provision which would allow some administrative flexibility. He noted that the Board was concerned about variances and had recommended that the applicant post some kind of information showing how high the building would be, so that other property owners would be able to see how they would be affected by the variance prior to the public hearing. 2 Kent City Council Minutes July 20 , 1999 ZONING CODE Upon questions from Councilmembers, O 'Neill AMENDMENTS explained that the recommendation is to clarify the height of the complete structure rather than the height of a story, and that the intent is to keep the regulatory framework as it has been but to make it more clear and legally defensible . He explained that the building height is measured from the lowest point of the property. CLARK MOVED to approve the Land Use and Planning Board' s recommendation to amend the view regula- tions as outlined in the zoning code amendment, and to direct the City Attorney to prepare the necessary ordinance. Woods seconded. Clark commended the Land Use and Planning Board for their efforts. The motion then carried. (OTHER BUSINESS - ITEM 7B) Condominium Zoning Strategies Zoning Code Amendment ZCA-99-5 . On April 19, 1999, the Public Works and Planning Committee referred the matter of condominium zoning to the Land Use and Planning Board. The Board held workshops, conducted a tour of existing condominium projects, and held a public hearing on the matter on June 28 , 1999 . Following the public hearing, the Board voted to recommend that a new zoning district called MR-T be created which would permit townhouse condominiums . Fred Satterstrom of the Planning Department explained that MR-T is multiple-family residential townhouse, which is similar to MR-G zoning, but that MR-T allows townhomes only and requires the filing of a condominium plat prior to the issuance of a Certificate of Occupancy. He noted that the existing MR-G zone has a height limit of 2 . 5 stories and 401 , while MR-T is proposed at a limit of 3 stories and 301 . Satterstrom stated that land owners will have to go through the rezoning process . He explained that the Land Use and Planning Board proposed adding one additional criteria to the existing four, which reads that "the proposed rezone site is adjacent to or has convenient access to an arterial street to ensure 3 Kent City Council Minutes July 20 , 1999 ZONING CODE that the traffic accessing the MR-T development AMENDMENTS minimizes the disruption to single family resi- dential developments" . Satterstrom summarized that the only thing being proposed is the creation of a zoning district, and emphasized that no land is being rezoned to MR-T. He also stated that if Council wants to adopt MR-T zoning, it must be done soon in order to be available for the 1999 Comprehensive Plan Amendment process . Clark voiced concern about changing from 2 . 5 stories to 3 stories, and Satterstrom said the Board seemed to feel 3 stories with a garage on the main level is acceptable . Upon Brotherton' s question, Satterstrom said that most are general conditional uses such as utility substations which are allowed in all zoning districts; he said if the Council ultimately wants to replace the MR-G zone with MR-T, he would recommend that the uses shown remain in tact; and he noted that if a single- family residence and a townhome were on one piece of MR-T property, the density would probably be proportionate. Upon Orr' s question, the City Attorney noted that an ordinance would have to be passed in August in order -to meet the September 1 filing deadline for Comprehensive Plan review. He added that the ordinance would be effective five days after publication. Satterstrom explained for Orr that condominiums can now be built on land currently zoned multi-family, and that language saying one of the three stories is to be a garage could be added. Orr asked whether the potential for rezones could be restricted; Satterstrom said the intention is to create opportunities for home ownership, not to convert single-family lands to multiple-family. Mayor White stated that this proposal does not get at the issue of multi-family housing, and asked why a condominium zone cannot be created which includes property now zoned for apartments . Satterstrom explained that there are legal ramifications in requiring condominiums only in all multiple-family zones, and that there is an 4 T Kent City Council Minutes July 20 , 1999 ZONING CODE option to have the city apply MR-T zoning to AMENDMENTS vacant lands . Orr suggested including something in the ordinance which would allow buildings taller than three stories in the downtown area to promote some resi- dential densities, especially in light of the transit station and so forth. Satterstrom explained that zoning regulations in the downtown area currently have very few restrictions on residential development, and that taller buildings could be built . Amodt stated that taller build- ings would be good in one sense, but that traffic congestion must be taken into consideration. Epperly stated that apartments create traffic problems, but condominiums do not because they are owner-occupied. She said she prefers to encourage townhomes, and said they would not need to be restricted to being next to an arterial . Upon Yingling' s question, Satterstrom stated that the MR-T approach, along with other things, will provide an incentive for affordable, owner- occupied housing. He added that there are enough safeguards that it will not create frivolous applications . Woods stated that this is a step in the right direction, and expressed appreciation to the Land Use and Planning Board. . She asked how condominium owners would be classified in the Planning Department data; Mayor White asked that condo- minium owners be differentiated. Harris noted that state and U.S . census statistics consider more than five units in one building multi-family, but agreed to differentiate in local statistics . Satterstrom noted for Yingling that comprehensive plan amendments and rezones are now processed concurrently, and that 8500 sq. ft . is required in order to have a lot large enough to develop two units . CLARK MOVED to refer this issue to the Public Works and Planning Committee . Brotherton seconded and the motion carried. 5 Kent City Council Minutes July 20 , 1999 FIRE (CONSENT CALENDAR - ITEM 6C) DEPARTMENT King County EMS Regional Cooperative Purchasing Agreement. AUTHORIZATION for the Mayor to sign the Cooperative Purchasing Agreement with King County. The 1998 - 2003 EMS Strategic Plan called for implementation of a Regional Purchasing Program for the purchase of EMS supplies and equipment . A Regional Purchasing Committee was formed to facilitate planning and designing this countywide program. The King County Regional Purchasing Committee developed a one-year pilot project which was initiated in March 1998 . Participation was voluntary for all providers and agencies were able to order any items identified on the product list . The pilot project concluded in March 1999 and the Regional Purchasing Program went through a formal bid process for a one-year contract (with options to renew for two additional years) to select the most appropriate vendor for the program. By participating in this Cooperative Purchasing Agreement the City will be able to receive the best price available for medical supplies . (CONSENT CALENDAR - ITEM 6H) Justice Department Grant For Emergency Preparedness Equipment. APPROVAL and AUTHORIZATION for the Mayor to sign both the Certification and Assurances Document and the Distribution Agreement as proposed. King County was awarded $499, 650 by the U. S . Department of Justice under the State and Local Domestic Preparedness Equipment Support Program Project . The purpose of the grant funding was to purchase and distribute a limited amount of personal protective, chemical and biological and radiological detection and decontamination equip- ment to some local response agencies . The King County Office of Emergency Management has been designated Grant Manager for this project . The equipment provided is considered part of the mutual aid resources available under the mutual 6 Kent City Council Minutes July 20, 1999 FIRE aid agreements already in place among fire, EMS, DEPARTMENT hazardous materials service providers and law enforcement . POLICE (CONSENT CALENDAR - ITEM 6D) DEPARTMENT Laptop Computers Purchase. APPROVAL of the purchase of twenty laptop computers from Datec, Inc . to be used as Mobile Data Terminals (MDT ' s) . This includes two FDD cables for a floppy disk, as well as two CD Roms, which will simplify program- ming and maintenance. (CONSENT CALENDAR - ITEM 6I) Donation to Police Volunteers. ESTABLISHMENT of a special project account for the Police Volunteers and acceptance of a donation from the Kent Rotary Club in the amount of $3 , 273 , as recommended by the Public Safety Committee . PARKS & (BIDS - ITEM 83) RECREATION West Fenwick Handball Courts . The West Fenwick Park Handball Court Project was designed to pro- vide the only handball courts in the Kent area and replaces the unsafe handball courts demolished at Garrison Creek Park. The Engineer' s estimate for the project is $100, 000 . 00 . Staff recommends that a contract be awarded to the low bidder for construction of handball courts at West Fenwick Park, as detailed in the bid specifi- cations and plans . Hodgson noted that two bids were received and that the low bidder was Mer-Con Construction in the amount of $143 , 641 . 00 . Although higher than the estimate, he recommended adoption. WOODS MOVED that the West Fenwick Handball Court construction project be awarded to Mer-Con Construction for $143 , 641 . 00 plus Washington State Sales Tax. Epperly seconded and the motion carried. EMPLOYEE (CONSENT CALENDAR - ITEM 6E) SERVICES Permit Process Additional Staff. APPROVAL and AUTHORIZATION to amend the 1999 Budget in the amount of $397, 079 to add a total of 13 positions, as recommended by the Operations Committee. 7 Kent City Council Minutes July 20 , 1999 — EMPLOYEE In order to implement the recommendations con- SERVICES tained in the Zucker report with respect to shortening response times for issuance of develop- ment permits in the city, staff has determined that additional personnel are required. It is recommended that the additional positions be authorized as an amendment to the 1999 Budget in order to commence the improvements as soon as possible . McFall clarified that 13 positions had been requested and approved by the Committee . (CONSENT CALENDAR - ITEM GF) Technical Staff Positions. Furniture & Rental Fees. APPROVAL and AUTHORIZATION to revise the 1999 Operating Budget and Technology Plan Budget to include technical staff positions and rental fees included in June 28 , 1999 memorandum to Brent McFall and to revise the Capital Facilities budget by $90, 000 for furniture for Information Services staff . FACILITIES (OTHER BUSINESS - ITEM 7C) Emergency Backup Generators Contract Disaster preparedness and Y2K issues prompted the City to advertise a Request for Statement of Qualifications for emergency generator design at City Hall, Police Centennial, Kent Commons and City Shops . ECS Engineering Inc . was selected to do the design. Staff recommends the Council authorize entering into an agreement with ECS Engineering, Inc . for the amount of $210, 781 . 00, plus Washington State Sales Tax for the Emergency Generator project . Upon Brotherton' s question, Hodgson explained what ECS Engineering would be doing on the project, and noted that they are experts in this type of work. WOODS MOVED to authorize the Mayor to enter into an agreement with ECS Engineering Inc. for $210, 781 . 00, plus Washington State Sales Tax for emergency generator design services at selected -- City of Kent sites . Epperly seconded and the motion carried. 8 Kent City Council Minutes July 20, 1999 ECONOMIC (OTHER BUSINESS - ITEM 7D) DEVELOPMENT Washington Economic Development Finance Authority (WEDFA) . On June 23 , 1999, the Washington Economic Development Finance Authority approved a resolution relating to the issuance of non- recourse revenue bonds wherein the proceeds would be loaned to Pyramid Plastics, LLC, for the purchase and installation of multimedia packaging manufacturing equipment in the City of Kent . It is a policy of the Washington Economic Development Finance Authority to obtain approval of the city within whose planning jurisdiction the proposed industrial development facility lies prior to approval of the issuance of the revenue bonds . The proposed resolution, if passed, would provide the required approval . McFall explained that this is a way of lending the credit worthiness of the government and therefore reduced interest rates for economic development purposes . He added that these are non-recourse bonds and that the indebtedness lies totally with the private corporation. He then recommended adoption of the resolution. WOODS MOVED to adopt Resolution No . 1547 approving the issuance of tax exempt non-recourse economic development revenue bonds by the Washington Economic Development Finance Authority for the purpose of financing the purchase and installation of multimedia packaging manufacturing equipment by Pyramid Plastics, LLC. Orr seconded and the motion carried. COUNCIL (OTHER BUSINESS - ITEM 7E) (ADDED ITEM) Council Meeting Change. Epperly said it is important for the Council to support the Police Department and citizens by attending National Night Out . SHE MOVED to adopt Ordinance No. 3468 changing the time of the regularly scheduled Council meeting of August 3 , 1999, from 7 : 00 p.m. to 5 : 00 p.m. effective only for that Council meeting; except to the extent it affects the City 9 Kent City Council Minutes July 20, 1999 COUNCIL Council ' s August 3 , 1999 meeting this ordinance does not amend Section 2 . 01 . 020 of the Kent City Code . Woods seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills . APPROVAL of payment of the bills received through June 30 and paid on June 30, 1999, after auditing by the Operations Committee on July 6, 1999 . Approval of checks issued for vouchers : Date Check Numbers Amount 6/30/99 219428-219490 $1, 006, 213 . 99 6/30/99 219491-219957 2 , 350 , 185 .27 $3 , 356, 399 .26 Approval of checks issued 'for payroll for June 16 through June 30, 1999, and paid on July 2 , 1999 : Date Check Numbers Amount 7/2/99 Checks 236735-237113 $ 279, 186 . 61 7/2/99 Advices 81691-82307 805 , 207 . 87 $1, 084, 394 .49 (CONSENT CALENDAR - ITEM 6G) CLID 340 & 349 Bond Sales. APPROVAL of Ordinance No. 3467 for CLID bond sales of $13 , 221, 661, and AUTHORIZATION for the Mayor to sign the purchase contract with Dain Rauscher, underwriters for City LID bonds, as recommended by the Operations Committee at their July 6th meeting. The bond sales are for street construction on 196th Street and for installation of sewers on SE 223rd Street NE. McFall pointed out that the ordinance has been revised by the addition of a fourth column indicating the terms of the bonds . He added that the estimated average coupon rate is 5 . 5784 on the bond sale. REPORTS Council President. Orr noted that since the Council meeting of August 3rd will begin at 5 : 00 p.m. , there will be no workshop that night . 10 ,f -- Kent City Council Minutes July 20 , 1999 REPORTS Operations Committee. Woods noted that the next meeting will be held at 3 : 30 p .m. on August 3rd. Public Safety Committee. Epperly stated that the next meeting will be at 5 : 00 p.m-. on July 27th. Public Works/Planning Committee. Clark distri- buted copies of a letter from the King County Department of Transportation recruiting members to serve on a new transit advisory committee. He noted that the deadline to apply is August 6th. Parks Committee. Woods noted that the Parks Committee will not meet at its regular time in August, and that it may meet on August 3rd or at a special time. Mayor White urged anyone interested in serving on the Arts Commission to provide a letter of interest . Administrative Reports. McFall reminded Council of an executive session of approximately 20 minutes to discuss labor negotiations and pending and potential litigation. EXECUTIVE The meeting recessed to executive session at SESSION 8 : 15 p.m. ADJOURNMENT The meeting reconvened and adjourned at 9 : 00 p.m. Brenda Jacober, CMC City Clerk 11 7. Kent City Council Meeting t Date August 3 , 1999 f , Category Consent Calendar 1 . SUBJECT: CAPITAL FACILITY PLAN - SET PUBLIC HEARING DATE 2 . SUMMARY STATEMENT: Set August 17 , 1999 for the Capital Facility Plan public hearing. 3 . EXHIBITS• None 4 . RECOMMENDED BY• (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C Kent City Council Meeting r, Date August 3 , 1999 Category Consent Calendar 1 . SUBJECT: 2000 BUDGET - SET PUBLIC HEARING DATE 2 . SUMMARY STATEMENT: Set August 17, 1999 for the 2000 Annual Operating Budget public hearing. 3 . EXHIBITS: None 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: . ACTION: Council Agenda Item No. 6D Kent City Council Meeting Date August 3 , 1999 Category Consent Calendar 1 . SUBJECT: WORKER COMPENSATION THIRD PARTY ADMINISTRATOR CONTRACT - AUTHORIZATION 2 . SUMMARY STATEMENT: As recommended by the Operations Committee at their July 20th meeting, authorization for the Mayor to enter into an 18 month contract with Johnston & Culberson, Inc . to provide administration services for Worker Compensation claims and loss control services . 3 . EXHIBITS: Memo from Risk Manager Hills and copy of contract 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $32 , 050 in 199 and $43 , 495 in 100 SOURCE OF FUNDS : Worker Compensation Self-Insurance Fund 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E memorandum Date: July 13, 1999 To: Operations Committee Thru: Sue Viseth, Director, Employee Services From: Chris Hills, Risk Manager RE: Contract for Worker Compensation Third-Parry Administration Contract with Johnston& Culberson, Inc. Background: From July l of 1979, City of Kent Worker Compensation claims have been administered by Scott Wetzel Services, Inc., under the direction of the Risk Management Division of the Employee Services Department. In mid-November of 1998, Risk Management was notified that Scott Wetzel Services had filed Chapter 7 bankruptcy(total and immediate liquidation of all assets to pay creditors). Scott Wetzel was purchased by Ward North America in December, 1998. Recognizing the late date of notice, Chris Hills was able to negotiate 2 separate three-month continuation agreements with Ward to maintain Third-Party Administration services for the City on an interim basis. This allowed time for an RFP process which included interviews of the 3 top firms based on review of the proposals presented. The selection panel unanimously choose Johnston&Culberson, Inc. (JCI) of Seattle to provide these important services for the City Process: This change will allow for a full review of the City's Worker Compensation program by both Risk Management and JCI(who have many municipal clients). The review will emphasize evaluating our historical injury data,developing a comprehensive loss control plan and sharing the plan with Department Directors, managers,supervisors and staff. Budget: The Worker Compensation Fund is adequately funded to pay this contract including an expense unanticipated in the 1999 budget which represents the cost JCI will charge per claim for our currently open worker comp claims which will be approximately$9,000 split into 2 quarterly payments. Recommended Action: Johnston& Culberson, Inc. is clearly the best provider of Worker Compensation Third-Party administration services based upon the unanimous recommendation of the RFP selection committee. Motion: Authorize the Mayor to sign a contract,already approved by the City Attorney, with Johnston& Culberson, Inc.,to provide of Worker Compensation Third-Party administration services for the City of Kent. THIRD-PARTY ADMINISTRATOR SERVICES CONTRACT BETWEEN THE CITY OF KENT AND JOHNSTON & CULBERSON, INC. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Johnston & Culberson, Inc. organized under the laws of the State of Washington, located and doing business at 3500 Two Union Square, 601 Union St., Seattle, WA 93101 (hereinafter the "TPA"). Recitals 1. The City desires that the TPA perform services necessary to provide Worker Compensation Claims Administration Services for the Risk Management Division of the Employee Services Department. 2. The TPA agrees to perform the services more specifically described in the Scope of Work attached as Exhibit A. NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the parties as follows: I. Description of Work TPA shall perform all work as described in Exhibit A. The services furnished under this agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Payment A. The City shall pay the TPA, based on Worker Compensation claims processed at the billing rates delineated in Exhibit B. ICI contract.doc t July 14, 1999 B. The TPA shall submit quarterly payment invoices (based on pre-agreed estimates of Worker Compensation claims volume) to the City prior to services having been performed. A reconciliation will be performed by TPA after calendar year-end to r reconcile actual costs with previously estimated quarterly costs. Credits shall be carried forward to the next quarter and defict amounts will be invoiced to the City. The City shall pay the full amount of an invoice within forty-five (45) days of receipt. If the City objects to all or any portion of any invoice, it shall so notify the TPA of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. In the event the Scope of Work (Exhibit A) is modified or changed so that more or less work or time is required by the TPA, and such modification is reached by mutual agreement of the parties to this contract, the payment for services amount shall be adjusted accordingly upon agreement of the parties. III. Relationship of Parties The parties intend that an independent contractor-employer relationship will be created by this Agreement. As TPA is customarily engaged in an independently established trade which encompasses the specific service provided to the City, no agent, employee, representative or sub- contractor of TPA shall be or shall be deemed to be the employee, agent, representative or sub- contractor of the City. In the performance of the work, TPA is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-contractors of the TPA. TPA will be solely and entirely responsible for its acts and for the acts of TPA's agents, employees, representatives and sub-contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. JC1 contrract.doc 2 July 14, 1999 IV. Duration of Contract The City and TPA agree that this contract shall be effective on July 1, 1999 and shall remain in force through December 31, 2000. At the end of that time, the City shall have an option to renew this contract for 2 additional 1 year periods. V. Place of Work The TPA shall perform the work authorized under this Agreement at its offices in Seattle, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices at 400 West Gowe, Kent, Washington, or at locations mutually agreed upon by the parties. VI. Termination A. Termination of Agreement This Agreement may be terminated by either party without cause upon sixty days' written notice, in which event all finished or unfinished documents, reports, or other material or work of Contractor pursuant to this Agreement shall be submitted to City, and Contractor shall be entitled to just and equitable compensation at the rates set forth in Exhibit B for any satisfactory work completed prior to the date of termination. B. Rights Upon Termination In the event of termination, the City shall pay for all services performed by the TPA to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the TPA's possession pertaining to this contract which may be used by the City without restriction. VII. Discrimination In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the TPA, its sub-contractors, or any person acting on behalf of such TPA or sub- contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. JCI contract.doc 3 July 14, 1999 VIII. Indemnification A. Contractor shall protect, defend, indemnify and save harmless City, its officers, employees and agents from any and all costs, claims,judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of Contractor, its officers, employees and agents in performing this Agreement. B. City shall protect, defend, indemnify and save harmless Contractor, its officers, employees and agents from any and all costs, claims,judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of City, its officers, employees or agents in performing this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE TPA'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. IX. Insurance The TPA shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the TPA, its agents, representatives, employees, sub-TPAs or sub-contractors. Before beginning work on the project described in this Agreement, the TPA shall provide a Certificate of Insurance evidencing: 1. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; and employer's liability; and IC! contract.doc 4 July 14, 1999 2. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage. Any payment of deductible or self insured retention shall be the sole responsibility of the TPA. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the TPA and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The TPA's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The TPA's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. Y. Exchange of Information The parties agree that the TPA will notify the City of any inaccuracies in the information provided by the City as may be discovered in the process of performing the work, and that the City is entitled to rely upon any information supplied by the TPA which results as a product of this Agreement. XI. Ownership and Use 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 TPA in connection with the services performed by the TPA under this Agreement will be safeguarded by the TPA to at least the same extent as the TPA safeguards like information relating to its own business. If such information is publicly available or is already in TPA's possession or known to it, or is rightfully obtained by the TPA from third parties, TPA shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by TPA under this Agreement may be stored at TPA's office in Seattle, Washington. TPA shall make such data, documents, and files available to the City upon JCl contract.doc 5 July 14. 1999 its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. Any use or reuse of the documents, data and files created by TPA for the City on this project by anyone other than TPA on any other project shall be without liability or legal exposure to TPA. XII. Recyclable Materials Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and TPAs to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. XIII. City's Right of Inspection Even though TPA is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The TPA agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to TPA's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. XIV. TPA to Maintain Records to Support Independent Contractor Status On the effective date of this Agreement (or shortly thereafter), TPA shall: A. File a schedule of expenses with the Internal Revenue Service for the type of business TPA conducts; B. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and C. Maintain a separate set of books and records that reflect all items of income and expenses of TPA's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by TPA JC?contract.doc 6 July 14. 1999 under this Agreement shall not give rise to an employer-employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. XV. Work Performed at TPA's Risk TPA shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at TPA's own risk, and TPA shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XVI. Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. XVII. Resolution of Disputes and Governing Law 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 City, and the City shall determine the term or provision's true intent or meaning. The City shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. If any dispute arises between the City and TPA under any of the provisions of this Agreement which cannot be resolved by the City's determination in a reasonable time, or if TPA does not agree with the City's decision on the disputed matter,jurisdiction of any resulting litigation shall be filed in King County Superior Court, Regional Justice Center, King County, Washington. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, the prevailing party shall be entitled to compensation for all legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this agreement. JCI contract.doc 7 July 14, 1999 XVIII. Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the agreement, unless notified to the contrary. Any written notice hereunder shall become effective upon the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. XIX. Assignment Any assignment of this Agreement by the TPA without the written consent of the City shall be void. If the City shall give its consent to any assignment, the terms of this agreement shall continue in full force and effect and no further assignment shall be made without the City's consent. XX. Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and TPA. XXI. Entire Agreement The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and any Exhibits attached hereto. 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 herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. [Signatures on following page.] JC[ contract.doc 8 July la, 1999 IN WITNESS WHEREOF, the parties below have executed this Agreement. TPA THE CITY OF KENT By By Its Its DATE: DATE: Notices to be sent to: Notices to be sent to: TPA Ms. Sue Viseth. Employee Services Director The City of Kent 220 Fourth Avenue South Kent, Washington 98032 (253) 856-5276/fax (253) 856-6270 APPROVED AS TO FORM: ATTEST: Kent City Attorney City Clerk Xf cowract.doc 9 July 14, 1999 Exhibit A Scope of Work 1) Process workers compensation claims in accordance with State of Washington regulations for self-insured employers. 2) Maintain all documents related to claims. 3) Provide statistical services, On-Line Access System, LINQ software user manual and access to the City's claims database to perform the following inquiries and functions: a) Claim inquiry b) Payment inquired c) Data download d) Electronic mail messaging 4) Provide loss control services, including but not limited to: a) Advice and consultation on a regular basis, including safety inspections, safety committee involvement, supervisory training, noise level surveys, industrial hygiene testing, and recommendations on the use of personal protective equipment. b) Providing information relating to specific safety topics as appropriate. c) Loss Control Audits. d) Assistance in implementing Employer Loss Control Programs. JCl mitract.doc 10 July 14, 1999 Exhibit B Fee Schedule Fees 1) One time charge (estimated at $8,950) for takeover of currently open claims: a) $300/indemnity claim b) $50/medical only claim 2) Ongoing claims administration, financial and statistical information, customer on-line access, and client services: a). For 1999, estimated fee of$15,625, adjusted to reflect actual claim experience at$750/indemnity claim and $125/medical only claim b) For 2000, estimated fee of$32,220, adjusted to reflect actual claim experience at$773/indemnity claim and $129/medical only claim c) Administrative fee of$750, in 1999, and$1,500 in 2000, billed quarterly in advance. 3) Loss control services: a) For July 1,1999 to December 31, 1999 - $3,995 for an expected level of service of 47 hours. b) For January 1, 2000 to December 31, 2000 - $9,775 for an expected level of service of 115 hours. 4) Archive claim storage and retrieval fees billed to employer at actual cost. 5) Materials, lab fees, and other incidental and special costs incurred in the provision of loss control services billed to employer at actual cost. Provisions: 1) Fees for takeover of existing claims will be billed one half in the 3rd quarter of 1999 and one half in the 4th quarter of 1999. 2) Claims service fees will be billed quarterly in advance based on the estimate of claims to be handled for the year. An annual adjustment to claims service fees will be made to reflect actual number of claims handled during the year. 3) Loss control services will be billed quarterly in advance based on expectations for level of service noted above. Additional services requested by the City will be billed at $85/hour. 4) Service charge of 1.5%per month (18% per annum) will be applied to all outstanding invoices sixty (60) days after date of invoice. JCI contract.doc I I July 12, 1999 � T n Kent City Council Meeting Date August 3 , 1999 Category Consent Calendar 1 . SUBJECT: 2000-2002 HOME INTERLOCAL AGREEMENT - AUTHORIZATION 2 . SUMMARY STATEMENT: Approval of the 2000-2002 HOME Interlocal Cooperative Agreement and authorization for the Mayor to sign the agreement and forward it to King County. r 3 . EXHIBITS: Memo dated 8/3/99, summary of changes and agreement 4 . RECOMMENDED BY: Public Works and Planning 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. 6F CITY OF LW"L1_Ei!12T �l Planning Department (253)856-5454/FAX(253) 856-6454 James P. Harris, Planning Director MEMORANDUM Jim White, Mayor rH V ICTA MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: KATHERIN JOHNSON, HUMAN SERVICES MANAGER SUBJECT: 2000—2002 HOME INTERLOCAL AGREEMENT (ICA) Background The current three year HOME Interlocal Cooperative Agreement (ICA) with King County expires at the end of 1999. It is necessary for the City to enter into a new agreement for the King County HOME Consortium for the years 2000—2002 (Copy is attached). The agreement governs the City's participation with the County and other King County cities in the distribution of federal HOME funds. King County receives these funds under the federal HOME National Affordable Housing Act of 1990. These funds are available for distribution throughout the County for projects, which provide permanent affordable housing for low-income families and individuals. Since King County administers the HOME Program, with no separate funds for this Program coming individually to the member cities, the ICA is very short and straightforward. City of Kent Housing & Human Services Staff are members of the HOME Working Group and participate in the drafting of policies, review of application and recommendations for HOME funding. Our participation helps ensure that South King County captures its share of HOME dollars for affordable housing. The new ICA has only minor changes from the current agreement: 1) Language to clarify appointments to the Joint Recommendation Committee and 2) Term of agreement provides for an automatic renewal of the three-year agreement upon written notice. The City's approval of the HOME ICA needs to be forwarded to King County by August 4, 1999. Recommended Action Approval of the 2000 — 2002 HOME Interlocal Cooperative Agreement, and authorization for the Mayor to sign this Agreement and forward to King County. KJ1pm1PUBLIC1Human ServiceslCDBG1HOMEICAJW.doc enc: Interlocal Cooperation Agreement Summary of Changes to CDBG and HOME Interlocal Cooperation Agreements cc: James P. Harris,Planning Director Katherin Johnson,Human Services Manager Carolyn Sundvall,Planner Summary of Changes to CDBG and HOME Interlocal Cooperation Agreements for 2000-2002 Two Revisions to HOME Interlocal Cooperation Agreement: 1. Appointments to JRC: Corrects misleading statement about Suburban Cities Association, which has always appointed only the eight CDBG+HOME cities to the JRC (four regulars and four alternates) and not the two HOME-only cities. These two cities—Bellevue and Auburn—automatically rotate membership on the JRC, and are not appointed by the SCA. In addition, gives County Executive the option of appointing a citizen representative of unincorporated King County as one of the four County representatives (the number of county representatives does not change). 2. Term of agreement: Provides for automatic renewal of the 3-year agreement, upon written notice to participating jurisdictions that they have the option to amend or opt out. Five Changes to CDBG Interlocal Cooperation Agreement: 1. The obligation of county staff to provide timely information to Consortium partners and allow time for response before making recommendations to the JRC, is clearly stated. Similarly,the responsibility of county staff to get contracts out in a timely fashion is clearly stated. 2. There is now a"grandfather"clause, which would allow cities that previously received a Pass-through to continue receiving one even if they fall below the threshold in future years. 3. All references to Pass-through cities doing their own local strategic plans or local program policies are eliminated, since we are making this optional under our new approach to the Consolidated plan. For consistency, this necessitated some changes in what the consortium expects of new Pass-through cities. 4. Appointments to JRC—see HOME changes, above. 5. Term of agreement--see HOME changes, above. HOME INVESTMENT PARTNERSHIPS PROGRAM INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is entered into between King County,an urban county pursuant to 24 CFR Subpart 92.101 and Subpart 570.3;hereinafter referred to as the"County,"and the City of hereinafter referred to as the"City,"said parties to the Agreement each being a unit of general local government of the State of Washington. RFr'ITAi S WHEREAS,a unit of general local goverment that is included in an urban county may be part of a HOME consortium only through the urban county;and WHEREAS,a metropolitan city or an urban county may be part of a consortium;and WHEREAS,the City and King County agree that it is mutually desirable and beneficial to enter into a consortium arrangement pursuant to and authorized by 24 CFR Part 92 and 42 USC§ 12746 for purposes of the HOME Investment Partnerships Program,hereinafter referred to as "HOME Program"; NOW,THEREFORE,IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN,IT IS AGREED THAT: 1. This Agreement is made pursuant to the National Affordable Housing Act of 1990,as amended,42 USC§ 12701 et. seq.(the"Act")and RCW 39.34,the Intergovernmental Cooperation Act. 2. The City and the County agree to cooperate to undertake or assist in undertaking HOME Program housing assistance activities which are eligible under 24 CFR Part 92. 3. The County is hereby authorized to act as the representative member on behalfof the Consortium for the purposes of the HOME Program. The County agrees to assume overall. responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with federal requirements and the housing objectives of the City and the County as adopted in the Consolidated Housing and Community Development Plan(Consolidated H&CD Plan). The City agrees to cooperate fully with the County in the development and preparation of the Consolidated H&CD Plan,and to prepare and provide those elements specifically pertaining to the City. 4. This Agreement shall remain in full force and effect for the period necessary to plan and cant'out all activities that will be funded froMHOME funds awarded for the 2000,2001, and 2002 federal fiscal years,the three-year qualification period that coincides with the Agreement for the Distribution and Administration of Community Development Block Grant,or until the County's designation as a participating HOME jurisdiction or an urban county is rescinded by the United States Department of Housing and Urban Development,whichever is shorter. This agreement will be automatically renewed for participation in successive three-year qualification periods,unless the county or the city provides written notice it elects not to participate in the new qualification period. Such written notice shall be given by the date set forth in an Urban County Qualification Notice applicable to subsequent three-year qualification periods and provided by the United States Department of Housing and Urban Development. 5. The city and the county agree to adopt any amendments to the agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three-year qualification period,and to submit such amendment to the United States Department of Housing and Urban Development. Failure to adopt such amendment will void the automatic renewal of such qualification period. 6. During the term of this Agreement,neither the County nor the City may withdraw from participation from their respective obligations under this Agreement. 7. By executing the HOME Agreement,the City understands that it may not participate in a HOME consortium except through the urban county,regardless of whether the urban county receives a HOME formula allocation. 8. This Agreement shall be executed in three counterparts,each of which shall be deemed an original,by the chief executive officers of the County and the City,pursuant to the authority granted them by their respective governing bodies. One of the signed counterparts, accompanied by copies of the authorizing resolutions from the County and the City,shall be filed by the County with the Region X office of HUD. A copy shall be filed with the Secretary of State and the Clerk of the King County Council,the County Auditor,and the City pursuant to RCW 39.34.040. 9. The County and the City both hereby agree to affirmatively further fair housing. 10. Joint Recommendations Committee Composition. The Committee shall be composed of four County representatives and five Cities representatives. The four County representatives may be Department Directors or their designees.and/or citizen representatives of unincorporated communities.County representatives shall be specified in writing and should,where possible;be the same person consistently from meeting to meeting. Five participating city representatives and their alternates will include city planning directors of comparable level stall'',or elected officials. Two city representatives and their alternates will be from the northeast region of the County and two city representatives and their alternates will be from the south region of the County. An additional revolving position on this Committee shall be rotated between the HOME-only Cities of Auburn and Bellevue. The revolving position will be non-voting,except on issues related to the King County HOME Consortium and other federal housing-elated funds (excluding Community Development Block Grant). 11. Appointments. The King County Executive shall appoint the County representatives. The Suburban Cities Association will select eight different jurisdictions,four to serve as members and four as alternates,which in turn,will assign representatives to this Committee. Terms of office shall be for two years. Priority for one of the positions will be for a small city representative. The revolving HOME position will be appointed annually by the respective jurisdiction. Members of the Committee shall serve at the pleasure of their respective appointing authorities. 12. The Joint Recommendations Committee will adopt HOME program policies, consistent with the Consolidated H&CD Plan,developed by the City and County staff working group. The Joint Recommendations Committee will approve funding decisions. All funding decisions must be in accord with adopted policies. Once the policies are adopted,the City,as a representative member of the Consortium,shall also have the right to comment on any program changes prior to their implementation by the County. 13. The chairperson and vice-chairperson of the Joint Recommendations Committee shall be chosen from among the members of the Committee by a majority vote of the members for a term of one year beginning the first meeting of the calendar year. Attendance of five members will constitute a quorum. 14. The City shall participate jointly with the County in the development of the Consortium's HOME Program by participating in development of a HOME Program strategy sufficient to accommodate both the collective and individual housing objectives contained within local comprehensive plans or other adopted plans of both the City and the County. 15. Federal HOME funds,allocated to the Consortium,shall be used to fund housing assistance activities that are the subject of this Agreement. The City and the County shall cooperate in the establishment of budgets for separate HOME activities.The County intends to enter into contractual agreements with any city,nonprofit organization,or other entity that it selects to implement HOME activities. The County's administrative costs will be paid from the HOME grant,after review and approval by the Joint Recommendations Committee. 16. This agreement applies to the Consortium's acceptance of other federal housing-related funds which may be allocated by formula to the Consortium. Allocation decisions for these funds will be subject to policies and procedures developed by the City and County staff working group and adopted by the Joint Recommendations Committee. This Agreement is legally binding and valid upon signature of all parties. CITY OF KING COUNTY Signature of Chief Executive Officer for Ron Sims,County Executive Name and Title(printed) Date: Date: h:\users\ica\97-99hm.doc It TO Kent City Council Meeting Date August 3 , 1999 Category Consent Calendar 1 . SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT INTERLOCAL AGREEMENT (ICA) - APPROVAL 2 . SUMMARY STATEMENT: Approval of the 2000-2002 Community Development Block Grant Interlocal Agreement, and authorization for the Mayor to sign this agreement and forward it to King County. 3 . EXHIBITS: Memo dated 8/3/99, summary of changes and agreement 4 . RECOMMENDED BY: Public Works and Planning 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. 6G CITY OF JS•J y Jim White, Mayor �NVIC'fA Planning Department (253) 856-5454/FAX(253) 856-6454 James P. Harris, Planning Director MEMORANDUM August 3, 1999 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: KATHERIN JOHNSON, HUMAN SERVICES MANAGER SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT INTERLOCAL AGREEMENT (ICA) FOR YEARS 2000—2002 Background Recently the Seattle office of HUD informed us that Kent does not qualify for Entitlement Status. With this new information, our options are limited, if the City wants to continue receiving HUD dollars. The U.S. Dept of Housing and Urban Development (HUD) requires cities to sign an Agreement as a condition of receiving federal funds, which are used to benefit low and moderate income people. The City's current three year Interlocal Cooperative Agreement with King County expires at the end of 1999. To continue our participation in the King County Consortium and receive federal pass through dollars for the next three years the City will need to sign a new ICA with King County(attached). The New ICA includes only minor changes from the current agreement and is attached. Recommended Action Approval of the 2000 — 2002 Community Development Block Grant Interlocal Agreement, and authorize the Mayor to sign this Agreement and forward it to King County. KJ\mp\P:\Human Services\CDBG\cdbgica.jwdoc enc: Community Development Block Grant Interlocal Cooperation Agreement Community Development Block Grant Joint Agreement Summary of Changes to CDBG and HOME Interlocal Cooperation Agreements for 2000-2002 -- cc: James P. Harris,Planning Director Katherin Johnson,Human Services Manager Carolyn Sundvall,Planner 220 4th AVE.SO., /KENT,WASHINGTON 98032-5895/TELEPHONE (253)856-5200 COMMUNITY DEVELOPMENT BLOCK GRANT INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is entered into by and between King County and the City of said parties to the Agreement each being a unit of general local government in the State of Washington. WITNESSETH: WHEREAS,the federal government through adoption and administration of the Housing and Community Development Act of 1974, as amrna. ' .. ' " ;rt"), will make Community Development Block Grant("CDBG"),funds available to King County,for expenditure during the 2000-2002 funding years;and WHEREAS,the area encompassed by unincorporated King County and any participating cities,has been designated by the United States Department of Housing and Urban Development ("HUD"),as an urban county for the purpose of receiving CDBG funds;and WHEREAS,the Act directs HUD to distribute to each urban county the annual appropriation of CDBG funds based on the population characteristics of the urban county;and WHEREAS,the Act allows joint participation of units of general government within an urban county,and a distribution of CDBG funds to such governmental units;and WHEREAS,the CDBG Regulations require the.acceptance of the consolidated housing and community development plan("Consolidated H&CD Plan")by participating jurisdictions;and WHEREAS,King County will undertake CDBG-funded activities in participating incorporated jurisdictions as specified in the Consolidated H&CD Plan by granting funds to those jurisdictions to carry out such activities;and WHEREAS,King County is responsible to the federal government for all activities undertaken with CDBG funds and will ensure that all CDBG assurances and certifications King County is required to submit to HUD with the annual Action Plan will be met;and WHEREAS,King County and the participating jurisdictions are committed to targeting CDBG funds to ensure benefit to low-and moderate-income persons as defined by HUD;and WHEREAS,King County and its consortium members recognize that the needs of low- and moderate-income persons may cross jurisdictional boundaries and can therefore be considered regional needs;and WHEREAS,King County and the participating jurisdictions must submit an Annual Action Plan to HUD which is a requirement to receive CDBG funds;and WHEREAS,the purpose of this Interloeal Cooperation Agreement,which is entered into pursuant to and in accordance with the State Interlocal Cooperation Act,RCW Chap.39.34,is to form an urban county consortium,("Consortium"),for planning the distribution and administration of CDBG and other federal funds received on behalf of the Consortium from HUD,and for execution of activities in accordance with and under authority of the Act; NOW,THEREFORE,IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN,IT IS AGREED THAT: I. GENERAL AGREEMENT King County and each participating jurisdiction agree to cooperate to undertake,or assist in undertaking,activities which further the development of viable urban communities, including the provision of decent housing and a suitable living environment and expanding economic opportunities,principally for persons of low and moderate income,through community renewal and lower income housing assistance activities,specifically urban renewal and publicly assisted housing,funded from annual CDBG funds from federal Fiscal Years' 2000,2001,and 2002 appropriations,from recaptured funds allocated in those years,and from any program income generated from the expenditure of such funds.. H. GENERAL DISTRIBUTION OF FUNDS The distribution within the County of CDBG Funds under Title I of the Act shall be governed by the following provisions,exclusive of the Cities of Auburn,Bellevue,and Seattle. A. The amount needed for administration of the Consortium's CDBG and other federal programs which benefit the Consortium shall be reserved by the County. This amount,hereinafter referred to as the administrative setaside,is contingent upon review by the Joint Recommendations Committee("the Committee"),as provided in Section VIII(C)(1),and approval by the Metropolitan King County Council,as provided by Sections XIII(A)and XIII(B). B. In addition to the administrative setaside referred to in Section II(A),each year 25%of the public service funds available,not to exceed S300,000,will be subtracted from the entitlement and reserved for the Housing Stability Program,a public service activity in 'support of the affordable housing requirements under the implementation of the state Growth Management Act(RCW Chapter 36.70A). This public service setaside will be administered by the County with input from a working group of the participating cities and county staff. This public service setaside will be subject to the same percentage of decrease as the annual public service funds if there are any reductions during the year. C. Of the grant amount remaining after the setasides referred to in Sections II(A)and II(B)("the Adjusted Grant Amount"),any city which is a participant in this Agreement may be eligible to receive a direct pass-through share("the pass-through"),provided that: 1. The city's share of the Adjusted Grant Amount equals$50,000 or more based uponthe city's percentage of the Consortium's low-and moderate-income persons, as defined by HUD,or the city's share is less than$50,000 but the city received a pass-through in the previous year and wishes to continue receiving a pass- through; 2. The city participates in developing the Consortium's Consolidated H&CD Plan by identifying its non-housing community development needs; 3. The city may apply for planning dollars from the County and Small Cities Fund (defined in Section II D below)the year prior to accepting a Pass-through,the amount to be at least what the city would have received for planning and administration had they been a Pass-through city; 4. In the fall before the first program year it becomes a Pass-through City,the city may elect to take the entire pass-through and allocate all their funds,or to take a partial pass-through and allocate only their public services or capital funds, depending on which needs they have identified and on whether the city can meet the Consortium's schedule for allocating the funds and for submitting proposed projects to HUD. If the new Pass-through city chooses to allocate only part of their pass-through funds,the Joint Recommendations Committee will allocate the 2 remaining funds to one or more regional projects benefiting residents of the city and surrounding area. In any case,the city will continue to receive its planning allocation;and 5. The participating city agrees to abide by Consortium requirements to receive a pass-t#irough of CDBG funds or their ability to receive a pass-through will be revoked.The responsibilities of these pass-through jurisdictions are defined in Section X. Participating cities may elect not to receive a direct pass-through but may compete for County and Small Cities Funds,as defined in Section II(D), below. D. The funds remaining in the Adjusted Grant Amount after the distribution of the pass- through funds referred to in Section II(C)shall be referred to as the County and Small Cities Fund,and shall be allocated on a competitive basis to projects serving the cities not qualifying to receive or not electing to receive a pass-through,and/or projects serving the unincorporated areas of the county. E. If the monies assigned to a project during the period of this Agreement exceed the actual cost of the project,or if the project is later reduced or canceled,then the excess monies or recaptured funds,will be recaptured by the County and will be redistributed as follows: 1.. Administrative setaside funds,as defined in Section II(A)and public service setaside as defined in Section H(B)which are recaptured shall be returned to the Consortium and be distributed to the Pass-through Cities and County and Small Cities Funds based on their percentage of the Consortium's low-and moderate- income persons,as defined by HUD. 2. Funds recaptured from a project funded through a city's pass-through fund,as defined in Section II(C),shall be returned to the city's pass-through fund,unless the city no longer qualifies for a pass-through as provided in Section II(C)(1),in which case the funds shall be returned to the County and Small Cities Fund. 3. Funds recaptured from a project funded through the County and Small Cities Fund,as defined in Section II(D),shall be returned to the County and Small Cities Fund. F. Unallocated or recaptured funds from 1987 and prior years(e.g.,unallocated or recaptured"Population,""Needs,"or"Joint"funds)shall be returned to the Consortium and be distributed to the Pass-through Cities and the County and Small Cities Funds based on their percentage of the Consortium's low-and moderate-income persons,as defined by HUD. G. Funds received by a jurisdiction or CDBG subrecipient generated from the use of CDBG funds,hereinafter referred to as program income,shall be returned to the fund which generated the program income as follows,unless an exception is specifically recommended by the Committee and approved by the Metropolitan King County Council: 1. That portion of the program income which is interest or fee income generated through Community Development Interim Loan(CDIL)and Section 108 loan guarantee projects(as provided in Section 108 of the Act),both of which use all or a portion of the Consortium's total available CDBG funds,shall be returned to the Consortium. The funds shall be used for the direct costs(e.g.,staff,attorney, and bank fees,advertising costs,contract compliance costs),necessary for the marketing,negotiation,and implementation of the interim loan and 108 loan activities,and for other Consortium-wide or subregional capital projects or programs,including other Consortium-wide economic development projects or programs. Use of the funds shall be recommended by the Committee each year after review by an inter jurisdictional staff group. 2. Program income generated from a project(including housing repair)funded through a city's pass-through fund,as defined in Section II(C),shall be returned to the city's pass-through fund,unless the city no longer qualifies for a pass-through as provided in Section II(C)(3),in which case the program income shall be returned to the County and Small Cities Fund. 3. Program income generated from a project(including housing repair)funded -- through the County and Small Cities Fund,as defined in Section II(D),shall be returned to the County and Small Cities Fund. 4. Program income generated from projects funded in 1987(except for housing repair)and prior years shall be returned to the Consortium and be distributed to the Pass-through Cities and the County and Small Cities Funds according to their share of the Consortium's low-and modcrdte-inconic persons,as dctined by 11U1.. Housing repair program income shall return to the housing repair program. III. USE OF FUNDS: GENERAL PROVISIONS A. The County and each of the Pass-through Cities shall specify activities and projects which it will undertake with the funds described in Section II above. B. The County and each of the Pass-through Cities shall ensure that CDBG funds are targeted to activities which can document predominant(51%)benefit to low-and moderate-income people and that the overall program meets or exceeds HUD's requirements for the percentage of funds spent to benefit low-and moderate-income persons in King County. C. Pass-through Cities may exchange their CDBG funds with other Pass-through Cities for general revenue funds. The use of general revenue funds obtained by a Pass- through City in this manner shall be consistent with the general intent of the community development program,but shall not be considered CDBG program income. D. The County and each of the Pass-through Cities shall conduct the appropriate citizen participation activities as required by HUD regulations. E. Approval of projects must be secured through formal grant applications(proposals)to King County;approval of activities shall be secured when the annual program is approved or amended. F. General administrative costs incurred by Pass-through Cities shall be paid for out of the pass-through or from local funds. Costs incurred in administering specific projects may be included in project costs. IV. USE OF ADMINISTRATION FUNDS A. A Pass-through City may reserve a portion of its entitlement share to cover administrative costs of its local CDBG Program or to fund planning projects,however, this amount must be reserved by spring of each year and will be based upon the city's proportion of low-and moderate-income persons,as defined by HUD. B. In addition to the responsibilities outlined in Section X.,Pass-through Cities may use additional pass-through funds to cover part of their administrative costs if: 1. Planning ceiling(the maximum amount allowed by HUD for planning and administration activities which cannot exceed 20%of the annual entitlement plus program income)is available; 2. The city runs a competitive process for the distribution of the CDBG funds;and 3. City staff participate in Consortium-wide planning processes such as development of the Consolidated H&CD Plan and the HOME Consortium Working Group. I 4 C. Requests from Pass-through Cities to use the balance of planning ceiling,if available, to cover additional administrative costs will take priority over requests for planning projects. D. Pass-through City staff who are supported with administrative funds would also be expected to assist in preparing and/or presenting information to the Committee. V. USE OF PUBLIC SERVICE FUNDS A Pass-through City may reserve a portion of its entitlement share to cover public service activities;however,the amount must be reserved by spring of each year and will be based upon the city's proportion of low-and moderate-income persons,as defined by HUD. VI. PROGRAM INCOME A. The participating jurisdiction must inform King County of any income generated by the expenditure of CDBG funds received by the participating jurisdiction. B. Any such program income is subject to requirements set forth in Section II(G)of this Agreement. C. Any program income the participating jurisdiction is authorized to retain may only be used for eligible activities in accordance with all applicable CDBG requirements. D. King County has the responsibility for monitoring and reporting to HUD on the use of any such program income and thereby requires appropriate recordkeeping and reporting by'the participating jurisdiction as stated in the signed certification to receive "Pass-through City"status and in each city's contract to receive CDBG planning and administration funds. E. In the event of close-out or change in status of the participating jurisdiction any program income that is on hand or received subsequent to the close-out or change in status shall be paid to King County Consortium. VII. REAL PROPERTY A.' Participating jurisdictions owning community facilities acquired or improved in whole or in part with CDBG funds must comply with change of use restrictions as required by HUD and the policies adopted by the Committee as found in the Consolidated H&CD Plan. B. The participating jurisdiction must nolify King County prior to any modification or change in the use of real property acquired or improved in whole or in part with CDBG funds. This includes any modification or change in use from that planned at the time of the acquisition or improvement,including disposition. C. The jurisdiction shall reimburse King County in an amount equal to the current fair market value(less any portion thereof attributable to expenditures of non-CDBG funds)of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. D. Program income generated from the disposition or transfer of property prior to or subsequent to the close-out,change pf status,or termination of the cooperation agreement between the county and the participating jurisdiction shall be subject to the requirements set forth in Section II(G)and Section VI. VIII. JOINT RECOMMENDATIONS COMMITTEE A Joint Recommendations Committee shall be established. A. Composition. The Committee shall be composed of four County representatives and five Cities representatives. The four County representatives may be representatives of Department Directors or their designees.and/or citizen representatives of unincorporated communities. County representatives shall be specified in writing and should,where possible,be the same person consistently from meeting to meeting. The five participating city representatives and their alternates will include city planning directors or comparable level staff,or elected officials. Two city representatives and their alternates will be from the northeast region of the County and two city representatives and their alternates will be from the south region of the County. An additional revolving position on this Committee shall be rotated between the HOME- only cities of Auburn and Bellevue. The revolving position will be non-voting,except on issues related to the King County HOME Consortium and other federal housing- related funds(excluding CDBG). B. Appointments. The King County Executive shall appoint the four County representatives(no more than one representative per unincorporated community or Department). The Suburban Cities Association will select eight different jurisdictions, four to serve as members and four as alternates,which in turn,will assign representatives to this Committee. Priority for one of the positions will be for a small city representative. The revolving HOME position will be appointed annually by the respective jurisdiction. Members of the Committee shall serve for two years,or at the pleasure of their respective appointing authorities. The chairperson and vice-chairperson of the Committee shall be chosen from among the members of the Committee by a majority vote of the members for a term of one year beginning the first meeting of the calendar year. Attendance of five members will constitute a quorum. C. powers and Duties. The Committee shall be empowered to: 1. Review and recommend to the King County Executive all policy matters on the Consortium's CDBG and HOME Program including the amount of administrative setaside,priorities governing the use of the public services setaside,and projects or programs to be funded with the program income from community development interim loans and Section 108 loan guarantees(as allowed in Section 108 of the Act). 2. Review,recommend,and endorse the Consolidated H&CD Plan required by HUD. 3. Review plan and program disagreements between the County and participating jurisdictions and offer recommendations to the King County Executive. 4. Review and recommend sanctions to be imposed on cities for failure to meet responsibilities as contained in Section X of this Agreement. Any recommended sanctions will ensure that the city's low-and moderate-income residents continue to benefit from CDBG funds. Sanctions will be imposed to prevent the King County Consortium from losing a share of its entitlement due to participating cities'inability to meet federal requirements. 5. Review and recommend projects for funding under the Section 108 loan guarantee program(as allowed in Section 108 of the Act). 6. Review and recommend projects for funding from the remainder of any new Pass- through City's funds if that new Pass-through City chooses to take only a partial pass-through(cf.Section II.C.6 above). 6 IX. RESPONSIBILITIES AND DUTIES OF THE KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT PROGRAM STAFF Those King County Housing and Community Development Program Staff positions which are funded through the administrative setaside,hereinafter referred to as the Staff,serve as staff to all Consortium partners and the Committee and provides liaison between the Consortium and HUD. A. ftsponsibilities to the Joint Recommendations Committee. The Staff shall: 1. Solicit and present to the Committee all applicable federal and County policy guidelines,special conditions,and formal requirements related to the preparation of the Consolidated H&CD Plan,and related to administration of the programs under these plans. 2. Prepare and present written materials required by HUD and the Metropolitan King County Council as components of the Consolidated H&CD Plan to be prepared pursuant to this Agreement,including but not limited to: collection and analysis of data;identification of problems,needs and their locations;development of long and short term objectives;consideration of alternative strategies;and preparation of the administrative budget. 3. Prepare and present to the Committee policy evaluation reports or recommendations,and any other material deemed necessary by the Committee to help the Committee fulfill its powers and duties. 4. Collaborate with city staff working groups and present to the Committee specific sanctions to be imposed on cities which fail to meet their responsibilities as contained in Section X and as contained in specific annual agreements. B. Resgonsibilities to Jurisdictions Which are Parties to This Agreement. The County will develop strategic plans which will identify community development and housing needs and strategies to address high priority needs in the balance of the County in accordance with the primary objectives and requirements of the Act.The Consolidated H&CD Plan,including.the local program strategies will meet the HUD requirement for a Community Development Plan. The strategies outlined within the Consolidated H&CD Plan will be consistent with local comprehensive plans being developed under the Growth Management Act. The Staff ghall: 1. Prepare and present to the King County Executive and Council material necessary for the approval of the County and Small Cities portion of the annual program. 2. Present to the Metropolitan King County Council the Consortium's annual program for adoption. 3. Distribute to participating jurisdictions,prior to any JRC decision based upon it, information concerning proposals having implications for Consortium-wide funding(cf.section II above). The county will incorporate jurisdictions' feedback in materials forwarded to the JRC or Metropolitan King County Council. 4. Provide regular written reports outlining the outcomes and costs of the Consortium wide housing stability and economic development programs such that this information is available for participating jurisdictions'review and comment prior -to the JRC's decisions on the programs'budgets for the following year,and provide quarterly status reports to the pass-through cities on those housing repair and capital projects which the county is administering on behalf of the pass- through cities. 5. Administer the Consortium's CDBG Program: • help to identify needs in communities; 7 •. provide assistance in interpreting HUD regulations; • provide technical assistance to cities as necessary to enable them to meet their responsibilities as partners to the Agreement; • assist in the development of viable CDBG proposals; • review all proposals for CDBG funding; • inform participating jurisdictions in a timely way of the amount of capital dollars available for distribution regionally and the requirements regarding eligibility for them. • develop contracts for funded projects in a timely fashion;public(human) services programs have a high priority and will receive authorization to proceed within 15 working days of the beginning of the program year if all relevant information needed to prepare the contract has been submitted; • monitor subrecipient and city-funded projects; • monitor and enforce compliance with the federal wage and relocation require- ments; • reimburse all eligible costs; • prepare and submit required documents and reports to HUD;and • provide oversight of the CDBG Consortium to ensure compliance with all federal requirements. 6. Upon request by a Pass-through City,staff will develop,administer,and implement a city's CDBG-funded contract. Additionally,multi jurisdictional projects funded by King County and/or one or more cities will be developed and implemented by Staff. 7. King County shall determine,with the advice of representatives from small cities, the use of the County and Small Cities Funds in a manner consistent with the Consolidated H&CD Plan including its local program strategies. X. RESPONSIBILITIES AND POWERS OF PASS-THROUGH CITIES In order to receive a direct share of the entitlement,Pass-through Cities participating in this Agreement shall have the following responsibilities and powers: A. Pass-through City Councils may adopt local strategies which will address community development and housing needs in coordination with the Consortium's timeline for consolidated planning effort and which will be consistent with local comprehensive plans being developed under the Growth Management Act. B. Notify the County of the citizen participation activities undertaken by local jurisdic- tions as well as any changes made by the jurisdiction to funded CDBG activities in a timely manner as referenced under Section III(D). C. Each Pass-through City shall exercise local discretion in determining the use of its pass-through funds in a manner that(1)is consistent with the Consolidated H&CD Plan,(2)recognizes the federal requirement at 24 CFR Part 570.2 that a minimum of 70%of the funds be spent on activities benefiting primarily low and moderate income persons,and(3)is in accordance with the Consortium's schedule for submission to HUD. D. City legislative bodies shall approve or disapprove via motion or resolution all CDBG activities,locations,and budgets submitted by Pass-through City staff. Notice of these actions are to be forwarded to the County in a timely manner. E. Pass-through City staff shall review all project proposals for consistency with federal threshold requirements and Consortium-wide and other federal requirements prior to submission to the County,and ensure that all relevant information necessary to prepare a contract is submitted to the County in a timely manner. 8 F. Pass-through City staff shall assist in the development of the Consortium-wide Consolidated H&CD Plan which includes housing and other community development needs,resources,strategies,and adopted projects. G. Pass-through City staff shall implement CDBG-funded projects within the program year and submit both vouchers and required reports to the County in a complete and timely manner. H. Pass-through City staff shall participate in other Consortium-wide planning activities such as HOME policy development and monitoring the Housing Stability Program. I. Pass-through City staff shall collaborate with County staff working group and present to the Committee specific sanctions to be imposed on cities which fail to meet their responsibilities as contained in this section and as contained in specific annual agreements. J. Each Pass-through City shall examine its role in recognizing and addressing regional or Consortium-wide needs and may participate in a coordinated funding approach with other jurisdictions and the County to serve their residents. XI. RESPONSIBILITIES OF OTHER CONSORTIUM CITIES Other Consortium cities must apply for funds through the annual County and Small Cities application process. The Small Cities shall: A. Coordinate with County Staff in identifying community development needs and strategies for addressing them. B. Prepare applications for CDBG funds to address local needs. C. Obtain city council authorization for proposed projects. D. Carry out funded projects in a timely manner. X1I. RESPONSIBILITIES OF ALL PARTICIPATING JURISDICTIONS A. Each participating jurisdiction shall fulfill to the County's satisfaction all relevant requirements of federal laws and regulations which apply to King County as applicant, including assurances and certifications described in Section XTV(D). B. Each participating jurisdiction or cooperating unit of general local government has adopted and is enforcing: i. a policy which prohibits the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. a policy which enforces applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of non-violent civil rights demonstrations within jurisdictions. C. Pursuant to 24 CFR 570.501(b),all participating units of local government are subject to the same requirements applicable to subrecipients,excluding the County's Minority and Women Business Enterprises requirements. The applicable requirements include, but are not limited to,a written agreement with the County which complies with 24 CFR 570.503 and includes provisions pertaining to the following items: statement of work;records and reports;program income;uniform administrative items;other program requirements;conditions for religious organizations;suspension and termi- nation;and reversion of assets. 0 D. All participating units of local government understand that they may not apply for grants under the federal Small Cities or State CDBG Programs which receive separate entitlements from HUD during the period of participation in this Agreement. Consortium cities which do not receive a direct pass-through of CDBG funds may apply for grants under the County and Small Cities Fund. E. All units of local government participating in the CDBG urban county through this interlocal cooperation agreement understand that they are also part of the urban county for the HOME program and may participate in a HOME program only through the CDBG urban county. X1I1. RESPONSIBILITIES AND POWERS OF KING COUNTY ON BEHALF OF THE CONSORTIUM King County shall have the following responsibilities and powers: A. The King County Council shall have authority and responsibility for all policy matters, including the Consolidated H&CD Plan,upon review and recommendation by the Committee. B. The King County Council shall have authority and responsibility for all fund allo- cation matters,including the approval of the annual administrative setaside and the approval and adoption of the Consortium's annual CDBG Program. C. The King County Executive shall have the authority and responsibility to approve requested changes to the adopted annual CDBG Program in the following circumstances: 1. The requested change is to a Pass-through City's portion of the adopted annual program,and the change is requested by the legislative body of the Pass-through City;or 2. The requested change is in the County and Small Cities portion of the adopted annual program,and it is limited to a change of project scope or change of project implement or in a specific project,and it is requested by the subrecipient,and the change is made in consultation with the Councilmember in whose district the project is located. D. The King County Executive,as administrator of this CDBG Program,shall have authority and responsibility for all administrative requirements for which the County is responsible to the federal government. E. The King County Executive shall have authority and responsibility for all fund control and disbursements. F. Notwithstanding any other provision contained in this Agreement,the County as the applicant for CDBG funds has responsibility for and assumes all obligations as the applicant in the execution of this CDBG Program,including final responsibility for selecting activities and annually submitting Action Plans with HUD. Nothing contained in this Agreement shall be construed as an abdication of those responsi- bilities and obligations. XIV. GENERAL TERMS A. This Agreement shall extend through the 2000,2001,and 2002 program years,and will remain in effect until the CDBG funds.and program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed. This agreement will be automatically renewed for participation in successive three-year qualification periods,unless the county or the city provides written notice it elects not to participate in the new qualification period by the date set forth by the United States Department of Housing and Urban Development in subsequent Urban County Qualification Notices. King County,as the official applicant,shall have the authority and responsibility to ensure that any 10 property acquired or assisted with CDBG funds is disposed of or used in accordance with federal regulations. B. Pursuant to 24 CFR Part 570.307(d)(2),during the period of qualification no included unit of general local government may terminate or withdraw from the cooperation agreement while it remains in effect. C. It is understood that by signing this Agreement the jurisdictions shall agree to comply with the policies and implementation of the Consolidated H&CD Plan. D. Parties to this Agreement must take all required actions necessary to assure compliance with King County's certification required by Section 104(b)of Title I of the Housing and Community Development Act of 1974,as amended,including Title VI of the Civil Rights Act of 1964,(Title III of the Civil Rights Act),the Fair Housing Act as amended,Section 109 of Title I of the Housing and Community Development Act of 1974,as amended,the Americans with Disabilities Act of 1990,and other applicable laws. E. No CDBG funds shall be expended for activities in,or in support of any participating city that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. F. It is recognized that amendment of the provisions of this Agreement may become necessary,and such amendment shall take place when all parties have executed a written addendum to this Agreement. The city and the county agree to adopt any amendments to the agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three-year qualification period,and to submit such amendment to the United State department of Housing and Urban Development. Failure to adopt such amendment will void the automatic renewal of such qualification period.. G. Calculations for determining the number of low-and moderate-income persons residing in the County and cities shall be based upon official HUD approved 1990 Census data,and on the official annual estimates of populations of cities,towns and communities published by the State of Washington Office of Program Planning and Fiscal Management. H. Participating jurisdictions shall be considered to be those jurisdictions which have signed this Agreement. I. Jurisdictions undertaking activities and/or projects with CDBG funds distributed under this Agreement retain full civil and criminal liability as though these funds were locally generated. J. King County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act,under which King County may require the local incorporated jurisdiction or contractor to furnish data, information,and assistance for King County's review and assessment in determining whether King County must prepare an Environmental Impact Statement. K. Jurisdictions retain responsibility in fulfilling the requirements of the State Environmental Policy Act under which King County has review responsibility only. KING COUNTY,WASHINGTON PARTICIPATING CITY OR TOWN for Ron Sims Signature of Chief Executive Officer King County Executive Date Name and Title(Print) Name of City or Town Date 12 COMMUNITY DEVELOPMENT BLOCK GRANT JOINT AGREEMENT THIS AGREEMENT is entered into by and between King County and the City of ,said parties to the Agreement each being a unit of general local government in the State of Washington. WITNESSETII: WHEREAS,the federal government through adoption and administration of the Housing and Community Development Act of 1974,as amended(the"Act"),will make Community Development Block Grant("CDBG"),funds available to both the county and city in the form of entitlement grants;and WHEREAS,the area encompassed by unincorporated King County and any participating cities is designated by the United States Department of Housing and Urban Development("HUD") as an urban county for the purpose of receiving CDBG funds;and WHEREAS,the Act directs HUD to distribute to each urban county the annual appropriation of CDBG funds based on the population characteristics of the urban county;and WHEREAS,the Act allows joint agreements,whereby entitlement cities may join the urban county,and allows the urban county to distribute CDBG funds to such cities as participating jurisdictions;and WHEREAS,the CDBG Regulations require the acceptance of the consolidated housing and community development plan("Consolidated H&CD Plan")by participating jurisdictions;and WHEREAS,King County will undertake CDBG-funded activities in participating incorporated jurisdictions as specified in the Consolidated H&CD Plan by granting funds to those jurisdictions to cant'out such activities;and WHEREAS,King County is responsible to the federal government for all activities undertaken with CDBG funds and will ensure that all CDBG assurances and certifications King County is required to submit to HUD with the annual Action Plan will be met;and WHEREAS,King County and the participating jurisdictions are committed to targeting CDBG funds to ensure benefit to low-and moderate-income persons as defined by HUD;and WHEREAS,King County and its participating jurisdictions recognize that the needs of low-and moderate-income persons may cross jurisdictional boundaries and can therefore be considered regional needs;and WHEREAS,King County and the participating jurisdictions must submit an Annual Action Plan to HUD which is a requirement to receive CDBG funds;and WHEREAS,the purpose of this Joint Agreement,which is entered into pursuant to and in accordance with the State Interlocal Cooperation Act,RCW Chap.39.34,is for the city to join the urban county consortium,("Consortium"),for planning the distribution and administration of CDBG and other federal funds received on behalf of the Consortium from HUD,and for execution of activities in accordance with and under authority of the Act; NOW,THEREFORE,IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN,IT IS AGREED THAT: 1. GENERAL AGREEMENT King County and each participating jurisdiction agree to cooperate to undertake,or assist in undertaking,activities which further the development of viable urban communities, including the provision of decent housing and a suitable living environment and expanding economic opportunities.principally for persons of low and moderate income,through renewal and publicly assisted housing,funded from annual CDBG funds from federal Fiscal Years' 2000,2001,and 2002 appropriations,from recaptured funds allocated in those years,and from any program income generated from the expenditure of such funds.. II. GENERA,DISTRIBUTION OF FUNDS The distribution within the County of CDBG Funds under Title I of the Act shall be governed by the following provisions,exclusive of the Cities of Auburn,Bellevue,and Seattle. A. The amount needed for administration of the Consortium's CDBG and other federal programs which benefit the Consortium shall be reserved by the County. This amount,hereinafter referred to as the administrative setaside,is contingent upon review by the Joint Recommendations Committee("the Committee"),as provided in Section VIII(C)(1),and approval by the Metropolitan King County Council,as provided by Sections XIII(A)and XIII(B). B. In addition to the administrative setaside referred to in Section II(A),each year 25% of the public service funds available,not to exceed$300,000,will be subtracted from the entitlement and reserved for the Housing Stability Program,a public service activity in support of the affordable housing requirements under the implementation of the state Growth Management Act(RCW Chapter 36.70A). This public service seta- side will be administered by the County with input from a working group of the participating cities and county staff. This public service setaside will be subject to the same percentage of decrease as the annual public service funds if there are any reduc- tions during the year. In addition,any city participating in this Joint Agreement will have the option of withholding their pro rats share of the Housing Stability Program funds and allocating them to a different eligible public service activity if the city so chooses. C. Of the grant amount remaining after the setasides referred to in Sections II(A)and II(B)("the Adjusted Grant Amount"),the city participating in this Joint Agreement will be eligible to receive a direct pass-through share,provided that: 1. The city's pass-through share will be the larger of a share of the Adjusted Grant Amount based upon the CDBG Consortium's formula(the city's share of the Consortium's total low-and moderate-income persons,as defined by HUD),or the city's HUD-specified entitlement grant amount less the city's pro rata share of the Consortium's administrative setaside,and at the city's option(see II.B. above)less the city's pro rata share of the Housing Stability Program; 2. The city participates in developing the Consortium's Consolidated H&CD Plan by identifying its non-housing community development needs; 3. The city agrees to abide by Consortium schedules and requirements to receive a pass-through of CDBG funds.The responsibilities of these pass-through jurisdictions are defined in Section X. Participating cities nay elect not to receive a direct pass-through but may compete for County and Small Cities Funds,as defined in Section II(D),below. D. The funds remaining in the Adjusted Grant Amount after the distribution of the pass- through funds referred to in Section II(C)shall be referred to as the County and Small 2 Cities Fund,and shall be allocated on a competitive basis to projects serving the cities not qualifying to receive or not electing to receive a pass-through,and/or projects serving the unincorporated areas of the county. E. If the monies assigned to a project during the period of this Agreement exceed the actual cost of the project,or if the project is later reduced or canceled,then the excess monies or recaptured funds,will be recaptured by the County and will be redistributed as follows: 1. Administrative setaside funds,as defined in Section II(A)and public service setaside as defined in Section H(B)which are recaptured shall be returned to the Consortium and be distributed to the Pass-through Cities and County and Small Cities Funds based on their percentage of the Consortium's low-and moderate- income persons,as defined by HUD. 2. Funds recaptured from a project funded through a city's pass-through fund,as defined in Section II(C),shall be returned to the city's pass-through fund,unless the city no longer qualifies for a pass-through as provided in Section II(C)(1),in which case the funds shall be returned to the County and Small Cities Fund. 3. Funds recaptured from a project funded through the County and Small Cities Fund,as defined in Section II(D),shall be returned to the County and Small Cities Fund. F. Unallocated or recaptured funds from 1987 and prior years(e.g.,unallocated or recaptured"Population,""Needs,"or"Joint"funds)shall be returned to the Consortium and be distributed to the Pass-through Cities and the County and Small Cities Funds based on their percentage of the Consortium's low-and moderate-income persons,as defined by HUD. G. Funds received by a jurisdiction or CDBG subrecipient generated from the use of CDBG funds,hereinafter referred to as program income,shall be returned to the fund which generated the program income as follows,unless an exception is specifically recommended by the Committee and approved by the Metropolitan King County Council: 1. That portion of the program income which is interest or fee income generated through Community Development Interim Loan(CDIL)and Section 108 loan guarantee projects(as provided in Section 108 of the Act),both of which use all or a portion of the Consortium's total available CDBG funds,shall be returned to the Consortium. The funds shall be used for the direct costs(e.g.,staff,attorney, and bank fees,advertising costs,contract compliance costs),necessary for the marketing,negotiation,and implementation of the interim loan and 108 loan activities,and for other Consortium-wide or subregional capital projects or programs,including other Consortium-wide economic development projects or programs. Use of the funds shall be recommended by the Committee each year after review by an inter jurisdictional staff group. 2. Program income generated from a project(including housing repair)funded through a city's pass-through fund,as defined in Section II(C),shall be returned to the city's pass-through fund,unless the city no longer qualifies for a pass-through as provided in Section II(C)(3),in which case the program income shall be returned to the County and Small Cities Fund. 3. Program income generated from a project(including housing repair)funded through the County and Small Cities Fund,as defined in Section II(D),shall be returned to the County and Small Cities Fund. 4. Program income generated from projects funded in 1987(except for housing repair)and prior years shall be returned to the Consortium and be distributed to the Pass-through Cities and the County and Small Cities Funds according to their share of the Consortium's low-and moderate-income persons,as defined by HUD. Housing repair program income shall return to the housing repair program. 3 M. USE OF FUNDS: GENERAL PROVISIONS A. The County and each of the Pass-through Cities shall specify activities and projects which it will undertake with the funds described in Section II above. B. The County and each of the Pass-through Cities shall ensure that CDBG funds are targeted to activities which can document predominant(51%)benefit to low-and moderate-income people and that the overall program meets or exceeds HUD's requirements for the percentage of funds spent to benefit low-and moderate-income persons in King County. C. Pass-through Cities may exchange their CDBG funds with other Pass-through Cities for general revenue funds. The use of general revenue funds obtained by a Pass- through City in this manner shall be consistent with the general intent of the community development program,but shall not be considered CDBG program income. D. The County and each of the Pass-through Cities shall conduct the appropriate citizen participation activities as required by HUD regulations. E. Approval of projects must be secured through formal grant applications(proposals)to King County;approval of activities shall be secured when the annual program is approved or amended. F. General administrative costs incurred by Pass-through Cities shall be paid for out of the pass-through or from local funds. Costs incurred in administering specific projects may be included in project costs. IV. USE OF ADMINISTRATION FUNDS A. A Pass-through City may reserve a portion of its entitlement share to cover administrative costs of its local CDBG Program or to fund planning projects,however, this amount must be reserved by spring of each year and will be based upon the city's proportion of low-and moderate-income persons,as defined by HUD. B. In addition to the responsibilities outlined in Section X.,Pass-through Cities may use additional pass-through funds to cover part of their administrative costs if 1. Planning ceiling(the maximum amount allowed by HUD for planning and administration activities which cannot exceed 20%of the annual entitlement plus program income)is available; 2. The city runs a competitive process for the distribution of the CDBG funds;and 3. City staff participate in Consortium-wide planning processes such as development of the Consolidated H&CD Plan and the HOME Consortium Working Group. C. Requests from Pass-through Cities to use the balance of planning ceiling,if available, to cover additional administrative costs will take priority over requests for planning projects. D. Pass-through City staff who are supported with administrative funds would also be expected to assist in preparing and/or presenting information to the Committee. V. USE OF PUBLIC SERVICE FUNDS A Pass-through City may reserve a portion of its entitlement share to cover public service —. activities;however,the amount must be reserved by spring of each year and will be based upon the city's proportion of low-and moderate-income persons,as defined by HUD. 4 VI. PROGRAM INCOME A. The participating jurisdiction must inform King County of any income generated by the expenditure of CDBG funds received by the participating jurisdiction. B. Any such program income is subject to requirements set forth in Section II(G)of this Agreement. C. Any program income the participating jurisdiction is authorized to retain may only be used for eligible activities in accordance with all applicable CDBG requirements. D. King County has the responsibility for monitoring and reporting to HUD on the use of any such program income and thereby requires appropriate recordkeeping and reporting by the participating jurisdiction as stated in the signed certification to receive "Pass-through City"status and in each city's contract to receive CDBG planning and administration funds. E. In the event of close-out or change in status of the participating jurisdiction any program income that is on hand or received subsequent to the close-out or change in status shall be paid to King County Consortium. VII. REAL PROPERTY A. Participating jurisdictions owning community facilities acquired or improved in whole or in part with CDBG funds must comply with change of use restrictions as required by HUD and the policies adopted by the Committee as found in the Consolidated H&CD Plan. B. The participating jurisdiction must notify King County prior to any modification or change in the use of real property acquired or improved in whole or in part with CDBG funds. This includes any modification or change in use from that planned at the time of the acquisition or improvement,including disposition. C. The jurisdiction shall reimburse King County in an amount equal to the current fair market value(less any portion thereof attributable to expenditures of non-CDBG funds)of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. D. Program income generated from the disposition or transfer of property prior to or subsequent to the close-out,change of status,or termination of the cooperation agreement between the county and the participating jurisdiction shall be subject to the requirements set forth in Section II(G)and Section VI. VIII. JOINT RECOMMENDATIONS COMMITTEE A Joint Recommendations Committee shall be established. A. Composition. The Committee shall be composed of four County representatives and five Cities representatives. The four County representatives may be Department Directors or their designees,and/or citizen representatives from unincorporated communities.County representatives shall be specified in writing and should,where possible,be the same person consistently from meeting to meeting. The five partici- pating city representatives and their alternates will include city planning directors or comparable level staff,or elected officials. Two city representatives and their alternates will be from the north/east region of the County and two city representatives and their alternates will be from the south region of the County. An additional revolving position on this Committee shall be rotated between the HOME-only cities of Auburn and Bellevue. The revolving position will be non-voting,except on issues related to the King County HOME Consortium and other federal housing-related funds (excluding CDBG). 5 B. Appointments. The King County Executive shall appoint the four County representatives(no more than one representative for each unincorporated community or Department). The Suburban Cities Association will select eight different jurisdictions,four to serve as members and four as alternates,who in turn,will assign representatives to this Committee. Terms of office shall be for two years. Priority for one of the positions will be for a small city representative. The revolving HOME position will be appointed annually by the respective jurisdiction. Members of the Committee shall serve at the pleasure of their respective appointing authorities. The chairperson and vice-chairperson of the Committee shall be chosen from among the members of the Committee by a majority vote of the members for a term of one year beginning the first meeting of the calendar year. Attendance of five members will constitute a quorum. C. Powers and Duties. The Committee shall be empowered to: 1. Review and recommend to the King County Executive all policy matters on the Consortium's CDBG and HOME Program including the amount of administrative setaside,priorities governing the use of the public services setaside,and projects or programs to be funded with the program income from community development interim loans and Section 108 loan guarantees(as allowed in Section 108 of the Act). 2. Review,recommend,and endorse the Consolidated H&CD Plan required by HUD. 3. Review plan and program disagreements between the County and participating jurisdictions and offer recommendations to the King County Executive. 4. Review and recommend sanctions to be imposed on cities for failure to meet responsibilities as contained in Section X of this Agreement. Any recommended sanctions will ensure that the city's low-and moderate-income residents continue to benefit from CDBG funds. Sanctions will be imposed to prevent the King County Consortium from losing a share of its entitlement due to participating cities'inability to meet federal requirements. 5. Review and recommend projects for funding under the Section 108 loan guarantee program(as allowed in Section 108 of the Act). 6. Review and recommend projects for funding from the remainder of any new Pass- through City's funds if that new Pass-through City chooses to take only a partial pass-through(cf.Section U.C.6 above). IX. RESPONSIBILITIES AND DUTIES OF THE KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT PROGRAM STAFF Those King County Housing and Community Development Program Staff positions which are funded through the administrative setaside,hereinafter referred to as the Staff,serve as staff to all Consortium partners and the Committee and provides liaison between the Consortium and HUD. A. Responsibilities to the Joint Recommendations Committee. The Staff shall: 1. Solicit and present to the Committee all applicable federal and County policy guidelines,special conditions,and formal requirements related to the preparation of the Consolidated H&CD Plan,and related to administration of the programs under these plans. 2. Prepare and present written materials required by HUD and the Metropolitan King -i County Council as components of the Consolidated H&CD Plan to be prepared pursuant to this Agreement,including but not limited to: collection and analysis of data;identification of problems,needs and their locations;development of long 6 and short term objectives;consideration of alternative strategies;and preparation of the administrative budget. 3. Prepare and present to the Committee policy evaluation reports or recommendations,and any other material deemed necessary by the Committee to help the Committee fulfill its powers and duties. 4. Collaborate with city staff working groups and present to the Committee specific sanctions to be imposed on cities which fail to meet their responsibilities as contained in Section X and as contained in specific annual agreements. B. Responsibilities to Jurisdictions Which are Parties to This Agreement. The County will develop strategic plans which will identify community development and housing needs and strategies to address high priority needs in the balance of the County in accordance with the primary objectives and requirements of the Act.The Consolidated H&CD Plan,including the local program strategies will meet the HUD requirement for a Community Development Plan. The strategies outlined within the Consolidated H&CD Plan will be consistent with local comprehensive plans being developed under the Growth Management Act. The Staff shall: 1. Prepare and present to the King County Executive and Council material necessary for the approval of the County and Small Cities portion of the annual program. 2. Present to the Metropolitan King County Council the Consortium's annual program for adoption. 3. Distribute to participating jurisdictions,prior to any JRC decision based upon it, information concerning proposals having implications for Consortium-wide funding(cf.section H above). The county will incorporate jurisdictions'feedback in materials forwarded to the JRC or Metropolitan King County Council. 4. Provide regular written reports outlining the outcomes and costs of the Consortium wide Housing Stability and economic development programs such that this information is available for participating jurisdictions'review and comment prior to the JRC's decisions on the programs'budgets for the following year,and provide quarterly status reports to the pass-through cities on those housing repair programs and capital projects which the county is administering on behalf of the pass-through cities. 5. Administer the Consortium's CDBG Program: • help to identify needs in communities; • provide assistance in interpreting HUD regulations; • provide technical assistance to cities as necessary to enable them to meet their responsibilities as partners to the Agreement; • assist in the development of viable CDBG proposals; • review all proposals for CDBG funding; • inform participating jurisdictions in a timely way of the amount of capital dollars available for distribution regionally and the requirements regarding eligibility for them. • develop contracts for funded projects in a timely fashion;public(human) services programs have a high priority and will receive authorization to proceed within 15 working days of the beginning of the program year if all relevant information needed to prepare the contract has been submitted; • monitor subrecipient and city-funded projects; "i • monitor and enforce compliance with the federal wage and relocation require- ments; • reimburse all eligible costs; • prepare and submit required documents and reports to HUD;and • provide oversight of the CDBG Consortium to ensure compliance with all federal requirements. 6. Upon request by a Pass-through City,staff will develop,administer,and implement a city's CDBG-funded contract. Additionally,multi jurisdictional projects funded by King County and/or one or more cities will be developed and implemented by Staff. 7. King County shall determine,with the advice of representatives from small cities, the use of the County and Small Cities Funds in a manner consistent with the Consolidated H&CD Plan including its local program strategies. X. RESPONSIBILITIES AND POWERS OF PASS-THROUGH CITIES In order to receive a direct share of the entitlement,Pass-through Cities participating in this Agreement shall have the following responsibilities and powers: A. Pass-through City Councils may adopt local strategies which will address community development and housing needs in coordination with the Consortium's timeline for consolidated planning effort and which will be consistent with local comprehensive plans being developed under the Growth Management Act. B. Notify the County of the citizen participation activities undertaken by local jurisdic- tions as well as any changes made by the jurisdiction to funded CDBG activities in a timely manner as referenced under Section III(D). C. Each Pass-through City shall exercise local discretion in determining the use of its pass-through funds in a manner that(1)is consistent with the Consolidated H&CD Plan,(2)recognizes the federal requirement at 24 CFR Part 570.2 that a minimum of 70%of the funds be spent on activities benefiting primarily low and moderate income persons,and(3)is in accordance with the Consortium's schedule for submission to HUD. D. City legislative bodies shall approve or disapprove via motion or resolution all CDBG activities,locations,and budgets submitted by Pass-through City staff. Notice of these actions are to be forwarded to the County in a timely manner. E. Pass-through City staff shall review all project proposals for consistency with federal threshold requirements and Consortium-wide and other federal requirements prior to submission to the County,and ensure that all relevant information necessary to prepare a contract is submitted to the County in a timely manner. F. Pass-through City staff shall assist in the development of the Consortium-wide Consolidated H&CD Plan which includes housing and other community development needs,resources,strategies,and adopted projects. G. Pass-through City staff shall implement CDBG-funded projects within the program year and submit both vouchers and required reports to the County in a complete and timely manner. H. Pass-through City staff shall participate in other Consortium-wide planning activities such as HOME policy development and monitoring the Housing Stability Program. I. Pass-through City staff shall collaborate with County staff working group and present to the Committee specific sanctions to be imposed on cities which fail to meet their responsibilities as contained in this section and as contained in specific annual agreements. I Each Pass-through City shall examine its role in recognizing and addressing regional or Consortium-wide needs and may participate in a coordinated funding approach with other jurisdictions and the County to serve their residents. 8 XI. RESPONSIBILITIES OF OTHER CONSORTIUM CITIES Other Consortium cities must apply for funds through the annual County and Small Cities -- application process. The Small Cities shall: A. Coordinate with County Staff in identifying community development needs and strategies for addressing them. B. Prepare applications for CDBG funds to address local needs. C. Obtain city council authorization for proposed projects. D. Cant'out funded projects in a timely manner. XII. RESPONSIBILITIES OF ALL PARTICIPATING JURISDICTIONS A. Each participating jurisdiction shall fulfill to the County's satisfaction all relevant requirements of federal laws and regulations which apply to King County as applicant, including assurances and certifications described in Section XIV(D). B. Each participating jurisdiction or cooperating unit of general local government has adopted and is enforcing: 1. a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and 2. a policy enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of non-violent civil rights demonstrations within jurisdictions. C. Pursuant to 24 CFR 570.501(b),all participating units of local government are subject to the same requirements applicable to subrecipients,excluding the County's Minority and Women Business Enterprises requirements. The applicable requirements include, but are not limited to,a written agreement with the County which complies with 24 CFR 570.503 and includes provisions pertaining to the following items: statement of work;records and reports;program income;uniform administrative items;other program requirements;conditions for religious organizations;suspension and termi- nation;and reversion of assets. D. All participating units of local government understand that they may not apply for grants under the federal Small Cities or State CDBG Programs which receive separate entitlements from HUD during the period of participation in this Agreement. Consortium cities which do not receive a direct pass-through of CDBG funds may apply for grants under the County and Small Cities Fund. E. All units of local government participating in the CDBG urban county through this agreement understand that they are also part of the urban county for the HOME program,and may participate in a HOME program only through the urban county. XIII. RESPONSIBILITIES AND POWERS OF KING COUNTY ON BEHALF OF THE CONSORTIUM King County shall have the following responsibilities and powers: A. The King County Council shall have authority and responsibility for all policy matters, including the Consolidated H&CD Plan,upon review and recommendation by the Committee. B. The King County Council shall have authority and responsibility for all fund allo- cation matters,including the approval of the annual administrative setaside and the approval and adoption of the Consortium's annual CDBG Program. 9 C. The King County Executive shall have the authority and responsibility to approve requested changes to the adopted annual CDBG Program in the following circumstances: 1. The requested change is to a Pass-through City's portion of the adopted annual program,and the change is requested by the legislative body of the Pass-through City;or 2. The requested change is in the County and Small Cities portion of the adopted annual program,and it is limited to a change of project scope or change of project implementor in a specific project,and it is requested by the subrecipient,and the change is made in consultation with the Councilmember in whose district the project is located. D. The King County Executive,as administrator of this CDBG Program,shall have authority.and responsibility for all administrative requirements for which the County is responsible to the federal government. E. The King County Executive shall have authority and responsibility for all fund control and disbursements. F. Notwithstanding any other provision contained in this Agreement,the County as the applicant for CDBG funds has responsibility for and assumes all obligations as the applicant in the execution of this CDBG Program,including final responsibility for selecting activities and annually submitting Action Plans with HUD..Nothing contained in this Agreement shall be construed as an abdication of those responsi- bilities and obligations. XIV. GENERAL TERMS A. This Agreement shall extend through the 2000,2001,and 2002 program years,and will remain in effect until the CDBG funds and program income received with respect to activities carried out during the three-year period are expended and the funded activities completed. This agreement will be automatically ren.-wed for participation in successive three-year qualification periods,unless the county or the city provides written notice that it elects not to participate in the new qualification period by the date set forth by the United States Department of Housing and Urban Development in subsequent Urban County Qualification Notices. King County,as the official applicant,shall have the authority and responsibility to ensure that any property acquired or assisted with CDBG funds is disposed of or used in accordance with federal regulations. B. Pursuant to 24 CFR Part 570.307(d)(2),during the period of qualification no included unit of general local government may terminate or withdraw from the agreement while it remains in effect. C. It is understood that by signing this Agreement the jurisdictions shall agree to comply with the policies and implementation of the Consolidated H&CD Plan. D. Parties to this Agreement must take all required actions necessary to assure compliance with King County's certification required by Section 104(b)of Title I of the Housing and Community Development Act of 1974,as amended,including Title VI of the Civil Rights Act of 1964,(Title III of the Civil Rights Act),the Fair Housing Act as amended,Section 109 of Title I of the Housing and Community Development Act of 1974,as amended,the Americans with Disabilities Act of 1990,and other applicable laws. E. No CDBG funds shall be expended for activities in,or in support of any participating city that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. 10 F. It is recognized that amendment of the provisions of this Agreement may become necessary,and such amendment shall take place when all parties have executed a written addendum to this Agreement. The city and the county agree to adopt any amendments to the agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three-year qualification period,and to submit such amendment to the United States Department of Housing and Urban Development. Failure to adopt such amendment will void the automatic renewal of such qualification period. G. Calculations for determining the number of low-and moderate-income persons residing in the County and cities shall be based upon official HUD approved 1990 Census data,and on the official annual estimates of populations of cities,towns and communities published by the State of Washington Office of Program Planning and Fiscal Management. H. Participating jurisdictions shall be considered to be those jurisdictions which have signed this Agreement. I. Jurisdictions undertaking activities and/or projects with CDBG funds distributed under this Agreement retain full civil and criminal liability as though these funds were locally generated. J. King County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act,under which King County may require the local incorporated jurisdiction or contractor to furnish data, information,and assistance for King County's review and assessment in determining whether King County must prepare an Environmental Impact Statement. K. Jurisdictions retain responsibility in fulfilling the requirements of the State Environmental Policy Act under which King County has review responsibility only. KING COUNTY,WASHINGTON PARTICIPATING CITY OR TOWN for Ron Sims Signature of Chief Executive Officer King County Executive Date Signed Name and Title (Print) Name of City or Town Date Signed C158(7/18/97) I1 Summary of Changes to CDBG and HOME Interlocal Cooperation Agreements for 2000-2002 Two Revisions to HOME Interlocal Cooperation Agreement: 1. Appointments to JRC: Corrects misleading statement about Suburban Cities Association, which has always appointed only the eight CDBG+HONIE cities to the JRC (four regulars and four alternates) and not the two HOME-only cities. These two cities—Bellevue and Auburn—automatically rotate membership on the JRC, and are not appointed by the SCA. In addition, gives County Executive the option of appointing a citizen representative of unincorporated King County as one of the four County representatives (the number of county representatives does not change). 2. Tenn of agreement: Provides for automatic renewal of the 3-year agreement, upon written notice to participating jurisdictions that they have the option to amend or opt out. Five Changes to CDBG Interlocal Cooperation Agreement: 1. The obligation of county staff to provide timely information to Consortium partners and allow time for response before making recommendations to the JRC, is clearly stated. Similarly,the responsibility of county staff to get contracts out in a timely fashion is clearly stated. 2. There is now a"grandfather"clause, which would allow cities that previously received a Pass-through to continue receiving one even if they fall below the threshold in future years. 3. All references to Pass-through cities doing their own local strategic plans or local program policies are eliminated, since we are making this optional under our new approach to the Consolidated plan. For consistency, this necessitated some changes in what the consortium expects of new Pass-through cities. 4. Appointments to JRC—see HOME changes, above. 5. Term of agreement—see HOME changes, above. Kent City Council Meeting Date August 3 , 1999 Category Consent Calendar 1 . SUBJECT: 1998 MISCELLANEOUS WATERMAIN IMPROVEMNETS - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: As recommended by the Public Works/ Planning Committee, accept the 1998 Miscellaneous Watermain Improvements contract as complete and release the retainage to Kar-Vel Construction upon standard releases from the State and release of any liens . The original contract amount was $45, 158 . 05 . The final construction cost was $55, 056 . 05, the overruns being a result of an additional amount of material required to raise the watermain and the installation of an air- vac valve . Adequate funds exist within the project budget to cover these overruns . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Works/Planning 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. 6H oKent City Council Meeting Date August 3 , 1999 Category Consent Calendar 1 . SUBJECT: SIX YEAR TRANSPORTATION IMPROVEMENT PLAN - SET PUBLIC HEARING DATE 2 . SUMMARY STATEMENT: As recommended by the Public Works/ Planning Committee, set August 17th as the public hearing date for the Six Year Transportation Improvement Plan. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Works/Planning 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. 6I i Kent City Council Meeting Date August 3 , 1999 Category Consent Calendar 1 . SUBJECT: STREET VACATION, SE 272ND NEAR 132ND AVENUE SE - RESOLUTION SETTING PUBLIC HEARING DATE 2 . SUMMARY STATEMENT: As recommended by the Public Works/ Planning Committee, adoption of Resolution No. setting September 7th as the public hearing date for the SE 272nd near 132nd Ave SE Street Vacation. 3 . EXHIBITS: Resolution and vicinity map 4 . RECOMMENDED BY: Public Works/Planning 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. 6J Z y 101 D' P ♦0:7 J' EfJ'' � 9 PA /2 [_ -292 fill 1� 9� ro - r nJ 10 7 ,2 I av, If� .1 f I 132 ND -WE SE i RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, regarding the vacation of a portion of 272"' Street, a dedicated, opened street lying generally west of that street's intersection with Kent Kangley Road and 132"d Avenue S.E., and setting the public hearing on the proposed street vacation for September 7, 1999. WHEREAS, a petition, attached as Exhibit A, has been filed by J.G. Kent Highlands, L.L.C. to vacate a portion of 272"d Street, a dedicated, opened street lying generally west of that street's intersection with Kent Kangley Road and 132"d Avenue S.E., in the City of Kent, King County, Washington; and WHEREAS, the petition is signed by the owners of at least two-thirds of the property abutting that portion of 272"d Street that is now being sought to be vacated; and WHEREAS, the petition is in all respects proper; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing on the street vacation petition requesting the vacation of a portion of 272"' Street shall be held at a regular meeting of the Kent City Council at 7:00 p.m., Tuesday, September 7, 1999, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. 1 272"d Street Vacation SECTION2. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law, Ch. 35.79 RCW. SECTION3. The Planning Director shall obtain the necessary approval or rejection or other information from the Public Works Department and other appropriate departments and shall transmit information to the Council so that the Council may consider the matter at its regularly scheduled meeting on September 7, 1999. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1999. Concurred in by the Mayor of the City of Kent, this day of ' 1999. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, on the day of , 1999. (SEAL) BRENDA JACOBER, CITY CLERK PAC wiI\Ra lution\STVAC.272ndStrmt.doc 2 272Id Street Vacation clr, OFIEEMIjIT DOPY RECEIVES JUL 01 1999 _ 4 JJN 2 9 1999 City Attomey ' MAIL TO: CITYOF KENT APPLICANT: �l=l CITY CLERK 1 CITY OF KENT NAME: A f r 11 Property Management j �4(aa 220 So. 4th Ave. Address: Kent, WA 98032 - 2 ( tA ?5-no7 Attn: SPYr'> pG �er- Phone: STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council: We, the undersigped abutting property owners, hereby respectfully request that certain 5 l r rE f herby be vacate. (Genera ocation) (Z77- ✓)/7 /t �(�, I` /If�P�f rcn7 'f- ( 3 Legal description (Must Contain Total Square Feet of Area Sought To Bye Vacated) BRIEF STATEMENT WHY VACATION IS BEING SOUGHT Sufficient proof, copy of deed contract etc. supported by King County Tax Rolls shall be submitted for verification of signatures. Without these a "CURRENT" title report shall be required. When Corporations, Partnerships etc. are being signed for, then proof of individual's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than 1" = 200' of the area sought for vacation. (NOTE) Map must correspond with legal description. ABUTTING PROPERTY OWNERS TAX LOT # SIGNATURES AND ADDRESSES LOT, BLOCK & PLAT/SEC. TWN. RG 282205-9042-08 J.G. Kenp Highlands LLC G _ r ✓.• �� 282205-9170-02 J.G. Kent- �ighlands, LLC / �. J V f— r��, ; 332205-9135-09 J.G. Kent ,Uig hl ands, LLC �I )�'�', '� 332205-9112-06 PAR eEc } J.G. Kent Highlands, LLC 332205-9124-02 f'AA?emt Q $150.00 Fee Paid Treasurer's Receipt No. Appraisal Fee Paid Treasurer's Receipt No. Land Value Paid Treasurer's Receipt No. Deed Accepted Date Trade Accepted _ Date _ 5224-33A 2Pn 41h AVF SO. I KENT.WAS14INGTON 98032 589S I ENGINEEnING )206)859.3383/OPERA W jB jT1AX 11.111 33 JON 2 9 1999 D ITTyCC)FL E ENT ,RK (1J ' y Pl Y T 4600• 6019' 33 p;q ]b 45• i OL Ul I � • � P R 'eaaa• JUN-14-99 04 :39 PM VAN. CLEAVE. ASSOC 253 588 3821 P. 01 2 9 isgs CITY OF KENT CITY CLERK VAN CLEAVE & ASSOCIATES LAND SURVEYORS 112 CANDLEWYCK DRIVE WEST, LAKEWOOD, WASHINGTON 98499 PHONE (253) 588-3821 June 14 , 1999 VACATION DESCRIPTION ALL THAT PORTION OF SOUTH EAST 272nd STREET LYING IN THE SOUTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF SECTION 28 , AND THE NORTHEAST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 33 , TOWNSHIP 22 NORTH, RANGE 5 EAST , W.H. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; A STRIP OF LAND 50 FEET IN WIDTH LYING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE; BEGINNING AT THE EASTERLY CORNER TO SECTIONS 28 AND 33 ; THENCE NORTH 88 ' 57 ' 29" WEST ALONG THE SECTION LINE BETWEEN SAID SECTIONS 725 . 00 FEET TO THE TERMINUS OF SAID CENTER LINE. EXCEPT FROM SAID STRIP THE RIGHT OF WAY FOR S. S.H.NO. 5-A ( KENT- KANGLEY ROAD ) AND 132nd AVENUE SOUTH EAST Prepared By Kenneth W. VanC save RPLS 1 99 �2399 L L CC 99-799 Kent City Council Meeting Date August 3 , 1999 Category Consent Calendar 1 . SUBJECT: STREET VACATION, HAWLEY ROAD - RESOLUTION SETTING HEARING DATE 2 . SUMMARY STATEMENT: As recommended by the Public Works/ Planning Committee, adoption of Resolution No. setting September 7th as the public hearing date for the Hawley Road Street Vacation. 3 . EXHIBITS: Resolution and vicinity map 4 . RECOMMENDED BY: Public Works/Planning 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. 6K nap � I K-MART °so z I ( ) KENT SP 83-7 8409270783 pki °I� N 8.9 /9.IS W 737.d1.1'i In tN y, K-MART L�3�.88 >✓6.9.rs_a-14V �I�v n__ T SP 83-7 8409270783 4 E_ j2 r LOT 2 N I 2 LOT 2 ; ^� N PO4 00 x N T"9 bae i ti O Bab D 2 I r �� oa o E IZ b'e�� J = -- E-i2 — - ��— ,: j Y --L /✓-Aq--.3a-9OLA �.,3 — 7✓-e9-30=LrE�_. >3e1 ; --- — 71e--- I _ N0-4,.soe r ~� W 69-49.3oW Ll.9.9! (!tJ E I �(LG9 73 �'e9-41-90 E ��.A9 co. "ry ro erArc �N o /. •r reo fJ9.s. Od°32� e pJ O Oo L07 f SO a e9-4�.3o e (Mvr.) 5 09. 45. 30 r P 7/0 a0e03 zz � o b' N e9-19. !O W r1/.r0 y Qr I u a Q� KENT ;SP 78-36 tJ`wR o 7812190862 J.L. ASSOCIATES d J.L. ASSOC-11j, KENT SP N 78- 36 7812190862 I P°g PCL. 2 PCL. 2 PCL. I D w o b ;p vks �y� by � ? I• �°► °yeti 40 \5 T DG. o— ti� 7 Q a�v or 16,4 Is `Q'✓d. a h � °LPL I�+ h , FOL RLLINA/NNMCM 7D CnY"1 <S S t IlC� P.T.7f ro 37 J' Ti D io+" SFr fj� �! ° 2 ie4 O' r0 3c•,pvfy GB JL�v � ?J � "+zoo ;Jf_ _1!L_—_—__ 1_S_.._LI RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, regarding the vacation of a portion of Hawley Road, a dedicated, unopened street lying generally south of Willis Street (SR 516), north of the Green River and west of Washington Avenue (a/k/a West Valley Highway), and setting the public hearing on the proposed street vacation for September 7, 1999. WHEREAS, a petition, attached as Exhibit A, has been filed by Ronald and Elaine Wagers and Signature Pointe Limited Partnership to vacate a portion of Hawley Road, a dedicated, unopened street lying generally south of Willis Street (SR 516), north of the Green River and west of Washington Avenue (a/k/a West Valley Highway), in the City of Kent, King County, Washington; and WHEREAS, the petition is signed by the owners of at least two-thirds of the property abutting that portion of Hawley Road that is now being sought to be vacated; and WHEREAS, the petition is in all respects proper; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing on the street vacation petition requesting the vacation of a portion of Hawley Road shall be held at a regular meeting of the Kent City Council at 7:00 p.m., Tuesday, September 7, 1999, in the Council Chambers of City 1 Hawley Road Vacation Hall located at 220 4th Avenue South, Kent, Washington, 98032. SECTION 2. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law, Ch. 35.79 RCW. SECTION 3. The Planning Director shall obtain the necessary approval or rejection or other information from the Public Works Department and other appropriate departments and shall transmit information to the Council so that the Council may consider the matter at its regularly scheduled meeting on September 7, 1999. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1999. Concurred in by the Mayor of the City of Kent, this day of 1999. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington,on the day of ' 1999. (SEAL) BRENDA JACOBER, CITY CLERK P.\Civil\Resolution\STVAC.32ndAveSouth.doc r, 2 Hawley Road Vacation CITY OF f� RECEIVED l5 JUL 0 Z VDD FROPEft Y MANGE CITY ENT CL/f 9 MAIL, TO: APPLICANT: CITY OF KENT NAME: Ronald L. :lagers Property Management 220 So. 4th Ave. Address: 1.0. Box 1994 Kent, WA 98032 Attn: Auburn, Wa 98071 Phone: 253-639-0551 STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council: We, the undersigned abutting property owners, hereby respectfully request that certain Anj-I`lo... of Pan( hereby be vacated. (General Location) /-J/i1UC,t Y IZOf11) ) Legal description (Must Contain Total Square Feet S f Area sought To Be Vacated) WEST END OF N. WILLIS ST. WHERE IT�t` IOS AT SO. SIDE OF K3P:T_DES NOINES RD. AND EAST EDGE OF SIGNATURE POINTE APARTMENTS. LEGAL DESCRIPTION SEE EXHIBIT A-1 A-2 BRIEF STATEMENT WHY VACATION IS BEING SOUGHT To meet requirement set forth by city of Kent for the construction of Signature Pointe Apartments Sufficient proof, copy of deed contract etc. supported by King County Tax Rolls shall be submitted for verification of signatures. Without these a "CURRENT" title report shall be required. When Corporations, Partnerships etc. are being signed for, then proof of individual's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than 1" = 200' of the area sought for vacation. (NOTE) Map must correspond with legal description. ABUTTING PROPERTY OWNERS TAX LOT # SIGNATURES AND ADDRESSES LOT, BLOCK & PLAT/SEC. TWN. RG $150.00 Fee Paid Treasurer's Receipt No. Appraisal Fee Paid Treasurer's Receipt No. Land Value Paid Treasurer's Receipt No. _ I Accepted Date _ de Accepted Date 5226-33A jJIUMKILA EXHIBIT 220 am AV[ SO, I KFNT,WASIIINGTON 98012 SA95 i ENGINEERING (206)859 3383 1 OPERATIONS(2961859 31951 FAX 1859 3334 EXHHIIT"A^ (1 w S STREET VACATION-HAWLEY ROAD LEGAL DESCRIPTION ya J Cl7y CF KE THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 23,TOWNSHIP 22 NORTH,QftFaLe rd T EAST,W.M.,KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE C.C.THOMPSON DONATION LAND CLAIM WITH THE CENTER LINE OF WEST MEEKER STREET AS SHOWN ON THAT CERTAIN SURVEY RECORDED IN BOOK 60 OF SURVEYS,PAGE 170,RECORDS OF SAID COUNTY; THENCE SOUTH 00°36'51"WEST ALONG SAID WEST LINE,A DISTANCE OF 1,390.46 FEET TO THE SOUTHERLY MARGIN OF SR 516; THENCE EASTERLY ALONG SAID SOUTHERLY MARGIN THE FOLLOWING COURSES AND DISTANCES: NORTH 73°53'17"EAST A DISTANCE OF 24.59 FEET TO A P01NT 140 FEET RIGHT OF HIGHWAY ENGINEER'S STATION 193+00; NORTH 79°36'38"EAST A DISTANCE OF 239.36 FEET TO A POINT 125 FEET RIGHT OF HIGHWAY ENGINEER'S STATION 195+50; NORTH 84009'52"EAST A DISTANCE OF 231.20 FEET TO A POINT 110 FEET RIGHT OF HIGHWAY ENGINEER'S STATION 197+90.19'. NORTH 87026'46"EAST A DISTANCE OF 210.05 FEET TO A POINT 100 FEET RIGHT OF HIGHWAY ENGINEER'S STATION 200+00; SOUTH 89°49'30"EAST A DISTANCE OF 83.40 FEET TO THE SOUTHWESTERLY MARGIN OF HAWLEY ROAD; THENCE CONTINUING SOUTH 89049'30"EAST ALONG THE SOUTHERLY MARGIN OF SR 516,A DISTANCE OF 24.73 FEET TO THE CENTER LINE OF HAWLEY ROAD AND THE POINT OF BEGINNING; THENCE SOUTH 35*51'36"EAST ALONG SAID CENTER LINE,A DISTANCE OF 235.61 FEET TO A POINT ON A CURVE,CONCAVE SOUTHWESTERLY,THE RADIAL CENTER OF WHICH BEARS SOUTH 03°39'40"WEST A DISTANCE OF 55.00 FEET: THENCE SOUTHEASTE"ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 50-28'44",AN ARC DISTANCE OF 48.AFIET TO THE NORTHEASTERLY MARGIN OF HAWLEY ROAD; THENCE NORTH 35-5 I'36-VEST ALONG SAID NORTHEASTELY MARGIN,A DISTANCE OF 263.49 FEET TO THE SOUTHERLY MARGIN OF SR 516: THENCE NORTH 89049'30"WEST ALONG SAID SOUTHERLY MARGIN,A DISTANCE OF 24.73 FEET TO THE POINT OF BEGINNING. CONTAINING 4,825 SQUARE FEET,MORE OR LESS. ti Q•�O 7 f n} v v j !1�/ r J� - V EXHIBIT"A" STREET VACATION-HAWLEY ROAD CC1 1 LEGAL DESCRIPTION 7Y KENT THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 23,TOWNSHIP 22 NORTH,RANGE 41< EAST,W.M.,KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE C.C.THOMPSON DONATION LAND CLAIM WITH THE CENTER LINE OF WEST MEEKER STREET AS SHOWN ON THAT CERTAIN SURVEY RECORDED IN BOOK 60 OF SURVEYS,PAGE 170,RECORDS OF SAID COUNTY; THENCE SOUTH 00°36'51"WEST ALONG SAID WEST LINE,A DISTANCE OF 1,390.46 FEET TO THE SOUTHERLY MARGIN OF SR 516; THENCE EASTERLY ALONG SAID SOUTHERLY MARGIN THE FOLLOWING COURSES AND DISTANCES: NORTH 73053'17"EAST A DISTANCE OF 24.59 FEET TO A POINT 140 FEET RIGHT OF HIGHWAY ENGINEER'S STATION 193+00; NORTH 79°36'38"EAST A DISTANCE OF 239.36 FEET TO A POINT 125 FEET RIGHT OF HIGHWAY ENGINEER'S STATION 195+50; NORTH 84009'52"EAST A DISTANCE OF 231.20 FEET TO A POINT 110 FEET RIGHT OF HIGHWAY ENGINEER'S STATION 197+90.19; NORTH 87°26'46"EAST A DISTANCE OF 210.05 FEET TO A POINT 100 FEET RIGHT OF HIGHWAY ENGINEER'S STATION 200+00; SOUTH 89049'30"EAST A DISTANCE OF 83.40 FEET TO THE SOUTHWESTERLY MARGIN OF HAWLEY ROAD AND THE POINT OF BEGINNING; THENCE SOUTH 35051'36"EAST ALONG SAID MARGIN A DISTANCE OF 239.67 FEET TO A POINT ON A CURVE,CONCAVE SOUTHERLY,THE RADIAL CENTER OF WHICH BEARS SOUTH 20°02'00"EAST A DISTANCE OF 55.00 FEET; THENCE EASTERLY ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 23*41'40",AN ARC DISTANCE OF 22.75 FEET TO THE CENTER LINE OF HAWLEY ROAD; THENCE NORTH 35*51'36"WEST ALONG SAID CENTER LINE,A DISTANCE OF 235.61 FEET TO THE SOUTHERLY MARGIN OF SR 516; THENCE NORTH 89°49'30"WEST ALONG SAID SOUTHERLY MARGIN,A DISTANCE OF 24.73 FEET TO THE POINT OF BEGINNING. CONTAINING 4,735 SQUARE FEET,MORE OR LESS. Jti o WAS, EEXaP�s Jul. _ 1 D 6 399 C1C TY C RK,. d H ab� ��1 9j96 p5 D cl K—MART 0 D-z e W of (N KENT SP 83-7 6409270783 N e9.lf.js w 7i7'dst' " _ h K—MART -.-L797.B8 d 69-19-4-5W +I� T SP83-7 B409270783 E_ fitO I N LOT 2 N = LOT 2IT Sl T sg N �� N 110 2� b''�5 'A(, L C9S *59 �b p Z I w °b 0B Uj — ,' A�-�Q_spa i3 7V-Q9:3E=t1'P- _, b50 ic•�t 39 -f/6f-49.30w L4f.7! (Jed -•'Lt.e, 3 � df' �- r bb',�) 1 eo�.�rY ro er.+r� szost� o�et c� �\ 0 _ 77 �Io �'°�p32= •T teofl!•f• t07 f So 3 Ef.♦!:30 E (Nwy.) a e9. 4J. 30C 7/0�oeo3 zz ° \ .* 1 e 11 b Nd9-49• low lizso ` _• v�1:.d u JAW cr KE.NT,.:SP 78-36 N c-jJ 7812190862 J.L. ASSOCIATES ,y9 J.L. ASSOC. KENT SP N 78- 36 7812190862 poR' l� PCL. � PCL. 15 0 g c o PCL. 2 v� Pc• o I� h a -PO yo. P 77T u�1 Ab k1 y`Z 40 .gyp, 1V � � ob °.� :• ...' -o_ ,�lry 4 36.�� E ��• b I�a� A-3ay A. g 7 b�5b a /; GD P e0 P �l t.1 hFOt t[CINd/IlNMfM ID City ^" LAN 01 y `b P. � ee.ei..e w � f is h \ U 60..37 2 °p� 4J5t _ - - �'j7� - - - - n ul • - .:.;f��oY'• i..►�Nc�,�s4.T. �HAWC 4 op�1 qo v� I� I � v b r • .' rt •tr.p �i2oth" Fr RQ �o�.�t y � �VoP �) • ��. _ O ' �� �9si to s•st w � S. L 1j•1 � Kent City Council Meeting Date August 3 , 1999 Category Consent Calendar, 1 . SUBJECT: KENT DRINKING DRIVER TASK FORCE GRANT - APPROVAL 2 . SUMMARY STATEMENT: Acceptance and authorization for expenditure of Kent Drinking Driver Task Force grant funding as follows : Law Enforcement Education Partnership Program (LEEP Department of Community, Trade and Economic Development (CTED) By the U. S . Department of Education under the Federal Safe and Drug-Free Schools and Communities Act 7/l/99-6/30/2000 $28, 500 . 00 Kent Drinking Driver Countermeasure Program (DDTF) Washington Traffic Safety Commission (WTSC) Federal 402 Transportation/Highway Safety Funds 1999/2000 $28 , 012 . 50 2000/2001 $28, 012 . 50 The Police Department requests Council acceptance of the above grants . 3 . EXHIBITS: Memo to Public Safety Committee dated 7/16/99 4 . RECOMMENDED BY: Public Safety 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. 6L MEMORANDUM TO: COUNCIL PUBLIC SAFETY COMMITTEE cc: Jackie Bicknell Lt Glenn Woods Mary Ann Kern FROM: Nancy Mathews, Coordinator Kent Drinking Driver Task Force SUBJECT: COUNCIL ACCEPTANCE OF GRANTS DATE: July 16, 1999 The Kent Drinking Driver Task Force has been notified of grant funding: Law Enforcement Education Partnership Program (LEEP) Department of Community, Trade and Economic Development (CTED) by the U.S. Department of Education under the Federal Safe and Drug-Free Schools and Communities Act. Youth Conference Support for Kent $ 28,500.00 and 8 So King County School District junior/senior high youth 7/1/99 through 6/30/2000 Kent Drinking Driver Countermeasure Program (DDTF) Washington Traffic Safety Commission (WTSC) Federal 402 Transportation/Highway Safety Funds To support Kent highway safety education: 1999/2000 $ 28,012.00 programs (DUI, occupant protection, 2000/2001 28,012.00 bicycle helmet, pedestrian, speed, etc); $ 56,025.00 includes matching coordinator salary 7/1199 through 6/30/2001 (TWO YEAR) Request Council Approval to accept LEEP and WTSC grants and establish budget documents, as required. kccgmta r Kent City Council Meeting Date August 3 , 1999 Category Consent Calendar 1 . SUBJECT: KENT DRINKING DRIVER TASK FORCE GRANT FUNDING - AUTHORIZATION TO ENTER INTO CONTRACT NEGOTIATIONS 2 . SUMMARY STATEMENT: Authorization to enter into contract negotiations for Alcohol, Tobacco and Other Drug (ATOD) Funds . A maximum of $84, 150 . 00 of ATOD Funds has been awarded to the City subject to successful negotiation and completion of a King County Contract . Seattle King County Health Department Alcohol, Tobacco and Other Drug Prevention Division Category 1, ATOD Prevention Project Two Year Youth Conference Support for Kent And Eight South King County School Districts ' Junior/Senior High Youth 7/1/99 through 6/30/2001 $84 , 150 . 00 3 . EXHIBITS: Letter from Public Health of Seattle & King County dated 7/22/99 4 . RECOMMENDED BY: Public Safety 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. 6M Tublic Health Seattle & King County HEALTHY PEOPLE. HEALTHY COMMUNITIES. Alonzo L Plough, Ph.D., MPH, Drrecror July 22, 1999 TO: Ed Crawford, Chief of Police Citv of Kent Police Department FR: Henry D. Ziegler. MD, MPH. Manager, Alcohol, Tobacco and Other Drug Prevention Division Pubiic Health— Seattle and King County Norma Jaeser. Alcohol/Drug County Coordinator Division of Mental Health and Chemical Abuse Dependency Services King County Department of Community and Human Services RE: Prevention Request for Proposal (RFP) Thank you for submitting an application in response to the Prevention RFP for the 1999-2001 biennium. We were very pleased with the number of proposals received and the quality of these proposals. We believe the proposals were better and more responsive than ever before. This memorandum is to notify you regarding the results of the Prevention RFP for services to be delivered during the period July 1, 1999 through June 30, 2001. Your application was reviewed by a panel of raters with expertise in alcohol, tobacco and other drug (ATOD) prevention services. The final decision was made on behalf of our respective departments. We are pleased to announce that your application has been selected to receive ATOD prevention funds for the 1999-2001 biennium. A maximum of$84.150.00 in Category 1 funds has been awarded to your organization for the 1999-2001 biennium based upon our s allocation received from the State of Washington DSHS Division of Alcohol and Substance Abuse. Funds will be contingent upon successful negotiation and completion of a King County contract. With limited funds, each organization's budget for Category I and III needed to be reduced by 6.5% in order for us to maximize the number of recipients and to ensure geographic/cultural representation. 999 3rd Avenue,Suite 900 • Seattle,WA 98104 4039 9 City of Sfettl �f King County T(206)296-4600(V/TDO) F(206)296-0166 •www.metrokc.gov/health �/Paw Scneil.Ma r Ron Sims.Fzecurrm RrnKa ar NecrvNC vaoer Public Health— Seattle & King County Alcohol, Tobacco and Other Drug (ATOD) Prevention Program RFP Page 2 of 2 For your information, enclosed are: (1) a description of the review/selection process; (2) a summary of the RFP results; and (3) a summary of the applications submitted. We received a total of$2,555,565.77 in requests with the following number of proposals per category: ❖ Category I,ATOD Prevention Projects: 27 proposals submitted totaling$2,243,683.69 ❖ Category II,ATOD Prevention Mini-Grants: 6 proposals submitted totaling$33,654.08 ❖ Category III, Partners in Prevention Program: 2 proposals submitted totaling$278,228.00 Overall, the proposals were very well written and responsive to the RFP guidelines. Those proposals recommended for funding were selected because of their exceptional responsiveness to the RFP and inclusiveness of prevention research/evaluation and community collaboration. Other specific criteria included geographic distribution and cultural diversity. A total of$1.1 million had been allocated through this RFP process ($900.000 for Category I, $60.000 for Category H. and$140,000 for Category III). Due to the limited funding originally allocated and the strength of the proposals, we decided to allocate an additional S323,156.50 from other funding sources to support services submitted in response to this RFP. With the expanded allocation, we were able to support 56% of the applications received. The following applications were funded for a total of$1,423,156.50: •:• Category I,ATOD Prevention Projects: 15 proposals funded totaling $1.260,259.24 Category II, ATOD Prevention Mini-Grants: 6 proposals funded totaling$33,654.08 Category III. Partners in Prevention Program: 1 proposal funded totaling $129.243.18 Again, congratulations on your successful bid for funds. A program staff person will be contacting you within the next couple of weeks to schedule an appointment for contract negotiations. If you have any questions, please contact: Patricia Mouton at (206) 296-7552. Enclosures Cc: Dr. Alonzo Plough, Director. Public Health— Seattle & King County Sharon Toquinto, ATOD Prevention Program Supervisor Pat Mouton, Program Analyst II/Prevention Coordinator Jackie Jamero Bergamo, Program Analyst II/Prevention Coordinator Cheri McCoubrey, Program Analyst II/Prevention Coordinator Carol Jernigan,Program Analyst I/Parenting Coordinator Oh Sourichanh, Office Technician I MEMORANDUM TO: COUNCIL PUBLIC SAFETY COMMITTEE cc: Jackie Bicknell Lt Glenn Woods Mary Ann Kern FROM: Nancy Mathews, Coordinator Kent Drinking Driver Task Force SUBJECT: COUNCIL AUTHORIZATION TO ENTER GRANT CONTRACT NEGOTIATIONS DATE: July 27, 1999 The Kent Drinking Driver Task Force has been notified of grant funding: Seattle King County Health Department Alcohol, Tobacco and Other Drug Prevention Division Category 1, ATOD Prevention Project—Two (2) Year Youth Conference Support for Kent $ 84,150.00 and 8 So King County School Districts' junior/senior high youth 7/1/99 through 6/30/2001 kccgmta2 Kent City Council Meeting Date August 3 , 1999 Category Consent Calendar 1 . SUBJECT: View Regulation - Ordinance 2 . SUMMARY STATEMENT: Adoption of Ordinance No. amending Section 15 . 08 . 060 of the Kent City Code relating to view protection regulations, clarifying that the purpose of the regulations is to promote and protect public vistas of the Green River Valley by encouraging development in ways compatible with the protection of these view corridors, and further making other related changes . 3 . EXHIBITS: Proposed Ordinance 4 . RECOMMENDED BY: Land Use and Planning Board (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURES REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No . 6N ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 15.08.060 of the Kent City Code relating to view protection regulations, clarifying that the purpose of the regulations is to promote and protect public vistas of the Green River Valley by encouraging development in ways compatible with the protection of these view corridors, and further making other related changes. I WHEREAS, the visual environment of the City of Kent is strongly characterized by scenic vistas from the East and West Hills of the City to the Green River Valley; and WHEREAS, Section 15.08.060 of the Kent City Code regulates development in hillsides to protect views in the City; and WHEREAS, with the growth and development in the City of Kent,the city council believes that it is in the City's interest to continue to promote and protect the city's view corridors to minimize obstruction of the scenic vistas to the Green River Valley, and WHEREAS, it is appropriate to clarify that the purpose of the view corridor protection regulations is to promote and protect these public vistas; and WHEREAS, view regulations allow for development of one-story structures in the view protection area and that"story" should be further defined; and 1 View Regulations WHEREAS, the City Council also finds that there are certain situations in which the regulations would not achieve their intended purpose and, therefore, finds it appropriate to grant the planning director the authority to waive or modify view regulations in such situations; and WHEREAS,the Land Use and Planning Board conducted a public hearing on June 28, 1999, and recommended amendments to the view regulations in section 15.08.060 of the zoning code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.08.060 of the Kent City Code is hereby amended as follows: Sec. 15.08.060. View corridor protection regulations on hillside development. A. Purpose. 1. The visual environment of the City of Kent is strongly characterized by scenic vistas to the Green River valley from the sloyes of the East and West Hills which frame the valley. The purpose of the view regulations set out in this section is to regulate the height and location of buildings on hillsides in order to protect e€view corridors to and from these hillsides which are on the visual forefront of the city and encourage placement of residences in ways which are compatible with the preservation of such public vistas. to be pr-eteeted and enhaneed. 2. The criteria of this section establish procedures for determining heights and locations of buildings on hillsides so that views will not be destroyed by site development plans that fail to consider the topography of the lot and the orientation of adjacent properties . The regulations of this 2 View Regulations section shall be interpreted and enforced at the time of development plan review. The regulations of this section shall not, however, prohibit construction of any building efce with a building height of 25 feet or less, as measured from natural or finished grade, whichever is lower, on any legal lot of record. B. View regulations defined. Any projected development located within two hundred (200) feet downslope from an RA, R1 or MR-D zoned area or within five hundred (500) feet downslope from an MR-G, MR-M or MR-H zoned area when such area qualifies as view property must allow for the protection of the view from such property as follows: 1. Protection of view of large tracts of land. a. If the property which has a view to be protected exceeds either twenty thousand(20,000) square feet in area or two hundred(200) feet in length or width, the restriction on height of the building to be erected on the adjacent downslope property shall be determined as follows: b. Two (2) lines shall be drawn parallel to the slope line, one(1) such line on either side of the building. The term "side," as used in this subsection, shall be defined as the furthest point of the building measured outward perpendicular from a line through the center of the building parallel to the slope line. These two (2) lines shall extend upslope continuing parallel to the slope line until they meet the property line. No part of the proposed building shall exceed in height by more than ten (10) feet the mean elevation along the property line between these two ( 2) parallel lines. I I y 0�O. J . C I 3 View Regulations 2. Protection of view of smaller tracts of land. Those tracts of land measuring less than twenty thousand (20,000) square feet in area and less than two hundred (200) feet in both length and width, as well as the erection of more than one (1) residential building on the same piece of property, will be covered by the following regulations: a. View property in RA, RI and MR-D zones. (1) View is an unobstructed field of vision comprising a horizontal angle of not more than ninety(90)degrees and a vertical angle of not more than five (5) degrees below the horizontal. (2) The horizontal view angle shall have as its origin a vertical axis passing through the geographic center of the lot whose view is to be protected. The ninety-degree angle shall be oriented with forty(45) degrees on either side of the slope line, which shall be laid out perpendicular to the mean contour of the area as contrasted to the slope of the particular lot in question. (3) The vertical view angle shall have as its origin a point six (6) feet above the ground surface on a lot prior to any excavation for a foundation or basement. Horizontal View Angle 9I f. NIr7 ;5 I 90• W 4 View Regulations Vertical View Angle Lot Line Horizontal 64 S• Lot Line--, (4) No building constructed within five hundred(500) feet of the point of origin of the view angle and located beneath the airspace located within that angle shall rise above the lower extent of the vertical angle. b. View property in MR-G, MR-M and MR-H zones. (1) View is an unobstructed field of vision comprised of a horizontal view angle of sixty(60) degrees and a vertical view angle extending from the horizontal upward to the vertical line. (2) The horizontal view angle shall have as its origin a vertical axis passing through the geographic center of the lot whose view is to be protected or, in the case of an existing apartment building, the vertical axis should pass through the i geographical center of those units whose view is to be protected. The sixty-degree angle may be shifted to the extent that no less than twenty(20) degrees of the sixty(60) degrees lies on either side of the slope line, which shall be laid out perpendicular to the mean contour of the area as contrasted to the slope of the particular lot in question. 1 t Geographic slope Center oz Lob Line .N �L 5 View Regulations (3) The vertical angle shall originate on a horizontal line extending from the intersection of the vertical line forming the axis for the horizontal view angle and the original slope, or, in the case of an existing apartment building, the floor level of the lowest residential floor. Geographical enter of Unit Lot Line--y Horizontal Geographical Horizontal . Lot Line Center of Lot j_ -4-IL—8arking/Storage Level Lot Line (4) No building constructed within five hundred (500) feet of the point of origin of the view angle and located beneath the airspace located within the angle shall rise above the lower extent of the vertical angle. C. Exemptions. The planning director may waive or modify the view regulations on hillside development if it is determined that the intent to preserve views cannot be met by a strict application of the requirements, or if one (1) or more of the following conditions applies: 1. There is no available clear view of the valley from development located upslope of the proposed building, or 2. The orientation of development located upslope is toward a different view angle than proscribed in the view development regulations; or 3. The shape or topography of the lot and lots located upslope make a strict application of the view requirements unnecessary or impractical D. Application for variance. If an applicant requests relief from the provisions of this section through a variance as provided in section 15 09 040 prior to public hearing, the applicant shall erect a pole structure outlining the proposed height of the building where it is to be constructed on the proposed site to allow adjacent property owners to assess the view impact of the proposed variance. The pole structure shall be in dace at least ten OD days prior to the date of the public hearing on the proposed variance 6 View Regulations SECTION 1. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after the date of publication as provided by law. 01 JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of , 1999. APPROVED: day of , 1999. PUBLISHED: day of 51999. I hereby certify that this is a true copy of Ordinance No. ,passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P�.\CiviAOrdinancelview regulation.doc 7 View Regulations DEPARTMENT OF PUBLIC WORKS August 3, 1999 TO: Mayor/Council FROM: Don Wickstrom RE: 1999 Traffic Striping Bid opening for this project was held on July 29"' with 3 bids received. The apparent low bid was submitted by Stripe Rite in the amount of $62,575.60. The Engineer's estimate was $57,847.15. The Public Works Director recommends awarding this contract to Stripe Rite. BID SUMMARY Stripe Rite $62,575.60 Action Services Corp. $75,473.20 Apply-A-Line $80,503.48 Engineer's Estimate $57,847.15 MOTION: Councilmember_ UA4k moves, Councilmember seconds that the 1999 Traffic Striping contract be awarded to Stripe Rite for the bid amount of $62,575.60. STRIPING � TT "A Kent City Council Meeting Date August 3 , 1999 Category Other Business 1 . SUBJECT: CONDOMINIUM (TOWNHOUSE) ZONING (ZCA-99-5) - APPROVAL 2 . SUMMARY STATEMENT: This item was before the City Council on July 20, 1999 and was sent to the Public Works and Planning Committee for their review. The Committee reviewed ZCA-99-5 on August 2 , 1999 . 3 . EXHIBITS: new cover memo dated 8/2/99 to Public Works Committee, cover memo dated 7/20/99 to the City Council, staff report dated 6/28/99 with attachments, and LU&PB minutes of 6/28/99 . 4 . RECOMMENDED BY: Land use and Planning Board/Public Works & Planning 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 8seconds to approve/ the Land Use and Planning Board' s recommendation for multifamily residential townhouse zoning (ZCA-99-5) and to direct the City Attorney to prepare the necessary ordinance. cto DISCUSSION: ACTION: Council Agenda Item No. /7A CITY OF AT 1 MEMORANDUM Jim White, Mayor rNVICTN 1999 To: COUNCILMEMBER TIM CLARK, CHAIR AND PLANNING & PUBLIC WORKS COMMITTEE MEMBERS From: FRED N. SATTERSTROM, PLANNING MANAGER Re: PROPOSED TOWNHOUSE ZONING DISTRICT- #ZCA-99-5 At its regular meeting of July 20, 1999, the City Council referred the Land Use & Planning Board's recommendation to create a townhouse zoning district (MR-T) to the Planning & Public Works Committee. The Board had held a public hearing on this matter on June 28, 1999 after several workshops and a tour of existing condominium developments. The packet of information which was included in the Council's July 20th meeting agenda is again included herewith. Staff will be available to discuss this matter and answer questions from the Committee. Cc: James P. Harris, Planning Director FSN/mp:P:adminitownhome.rec 1 CITY OF ;�.� 1. Jim White, Mayor fN V[CTA Planning Department(253) 856-5454/Fax(2�3) 8�6-6454 James P. Harris, Planning Director MEMORANDUM July 20, 1999 TO: MAYOR JIM WHITE AND KENT CITY COUNCIL MEMBERS FROM: FRED N. SATTERSTROM, PLANNING MANAGER RE: PROPOSED TOWNHOUSE (MR-T) ZONING DISTRICT #ZCA-99-5 RECOMMENDATION OF LAND USE & PLANNING BOARD On April 5, 1999, the City Council Planning and Public Works Committee voted to request the Land Use & Planning Board study and make recommendations to the City Council on zoning strategies which would encourage home ownership opportunities in Kent. This Committee vote stemmed from a series of meetings on the topic of"condominium zoning." On May 10 and June 14, 1999, the Land Use & Planning Board discussed and reviewed the -- condominium zoning issue at length. Several alternative strategies were evaluated at these workshops including the creation of a special zoning district, revisions to the Planned Unit Development (PUD) ordinance, and other proposals. 1n addition, a tour of various condominium developments was conducted with the Planning Board on May 24, 1999, in order to gain a first- hand familiarity with this form of development. Based on the discussion of options and the tour of condominium projects, the Planning Board decided to move forward to public hearing on one of the options. This option was the creation of a special zoning district that would be restricted to townhouse-only condominium development, subject to specific development regulations which would determine the density and design of these developments. The Planning Board decided to revisit the PUD amendments at a later date. Recommendation of the Land Use and Planning Board: Following the public hearing on the matter on June 28, 1999, the Land Use & Planning Board voted to recommend that a new zoning district — called MR-T for Multifamily Residential/Townhouse — be created with the following definition, use and development standards: Add to Section 15.03.010 Establishment of Districts MR-T Multifamily Residential District— Townhouse It is the purpose of the MR-T district to provide suitable locations for low and medium density, multifamily residential development where home ownership is encouraged consistent with the comprehensive plan. 2201th AVE.SO.. /KENT.WASHINGTON 98032-5895/TELEPHONE (253)856-5200 :ZCA-99-5 (MR-T Zoning) Memo July 20, 1999 Page 2 Add the following definition of"townhouse" to Section 15.02 Multifamily Townhouse. A townhouse dwelling is a residential unit which is attached to other dwelling units along one or both sides and which occupies the building area from ground level to the roof with no dwelling units located above or below Add the following as principally permitted uses: ■ One single family dwelling per lot • One modular home per lot ■ Duplexes ■ Multifamily townhouse units ■ Mobile home parks (subject to footnote #13) ■ Group homes class 1-A ■ Group homes class I-B • Home day care ■ Day care center ■ Crop and tree farming Add the following as accessory uses: ■ Rooming and boarding of not more than 3 persons ■ Accessory buildings and uses customarily appurtenant to a permitted use ■ Accessory dwelling units (subject to footnote #10) ■ Home occupations (subject to footnote #11) ■ Storage buildings and storage of recreational vehicles (subject to footnote #16) ■ Offices incidental to a principally permitted use Add the following as conditional uses: ■ Group home: classes 1-C, 11-A, I1-B, and 11-C • Drive-in churches, welfare facilities, retirement homes, convalescent homes and other welfare facilities whether public or private, and facilities for rehabilitation or correction ■ Transportation and transit facilities ■ Railway and bus depots, taxi stands ■ Utility and transportation facilities, electrical substations, pumping or regulating devices for the transmission of water, gas, steam petroleum, etc. ■ Public facilities including firehouses, police stations, libraries and administrative offices of governmental agencies, primary and secondary schools, vocational schools and colleges ■ Open space uses including cemeteries, parks, playgrounds, golf courses and other recreational facilities, including buildings or structures associated therewith ■ Private clubs,fraternal lodges, etc. Add the following as special uses: ■ Churches (subject to footnote #4) 9ZCA-99-5 (MR-TZoning) Memo July 20, 1999 Page 3 Add the following Development Standards to Section 15.04.170: Maximum density (units per acre) SF: 8.71 du/ac MF: 16du/ac Minimum lot area SF: 4000 sq.ft. Duplex: 8000 sq.ft. MF: 8500 sq.ft.for first 2 units, then 2500 sq.ft. per additional unit Minimum lot width SF: 40 ft. Duplex: 80 ft. MF: 80 ft. Maximum site coverage SF: 55% (subject to footnote #5) Duplex: 40% (subject to footnote #5) MF: 45% (subject to footnote #5) Minimum yard requirements SF: same as MR-G zone Duplex: same as MR-G zone MF: same as MR-G zone Height limitation SF.- 2.5 stories/30 feet Duplex: 3 stories/30 feet MF: 3 stories/30 feet Maximum impervious surface SF: 75% (subject to footnote #19) Duplex: 70% (subject to footnote #19) MT- 70% (subject to footnote #19) Zero lot line development Provisions of 15.08.300, 310, 330 shall apply Signs Same as for MR-G zone Offstreet parking Same as for MR-G zone Landscaping Same as for MR-G zone Multifamily design review Yes. SEE, Section 15.09.047 Additional standards All multifamily townhouse developments in the MR-T zone shall be condominium only. A condominium plat shall be filed and recorded prior to in conjunction with the issuance of a certificate of occupancy for the project. ,,ZCA-99-5 (MR-T Zoning) Memo Jul}, 20, 1999 Page 4 Add the following rezoning criterion to Section 15.09.050- 1. The proposed rezone site is adjacent to or has convenient access to an arterial street to ensure that the traffic accessing the MR-T development minimizes the disruption to single family residential neighborhoods. FNTS\mw1P:WDMIN\CONDOMEM.DOC enc: Staff Report Dated 6-28-99 LUPB Minutes Dated 6-28-99 cc: James P. Harris, Planning Director Land Use and Planning Board Minutes June 28, 1999 Page 5 Mr. O'Neill stated that a section could be added to the view regulations to include the use of a view pole in a case where a variance is requested. Mr. O'Neill suggested a phrase be added to the view regulations that say,"that ifsomeone requested a variance part of the process would be to erect view poles on the property." Mr. Harmon suggested that if a house is constructed in an area with view regulations that a pole be placed on the property during the permit process. He stated erecting a pole on the property would allow impacted parties to determine if view from their properties would be obstructed. Mr. Harmon stated that terminology should be added to the view regulations to address erecting and marking a view pole when any development takes place on view regulated property. Mr. O'Neill stated that a developer is complying with the code when he abides by the maximum height threshold established by Planning staff and if view poles were erected and neighbors objected to the height, they would not have much recourse. Mr. O'Neill stated that if a builder or property owner were to request a variance to exceed their height limitations, it would be fair to erect view poles at that time to allow neighbors to address their concerns. Mr. Dowell stated that in Section 15.08.060(A) 2 he would like"finished grade"be reworded to read "...as measured from original or natural grade... Mr. O'Neill advised changing the terminology to "natural or finished grade, which ever is lower". He stated that under certain circumstances builders are sensitive to up slope property views by grading lower or building daylight basements. Steve Dowell MOVED and Sharon Woodford SECONDED to accept staffs recommendation of ZCA-99-6 View Regulations with the following amendments: To amend Section 15.08.060(A) of the Zoning Code as recommended by Staff with an addition to Item 2, Page 5 by changing "finished grade" to read `from natural orfnished grade which ever is lower". To add additional languages to the code to allow erecting a marked view pole if a variance is required. Motion carried unanimously. ZCA-99-5 Condominium Zonine Strategies Mr. Satterstrom stated that a tour of condominium developments in the East Hill area of Kent took place with the Land Use and Planning Board in May where they looked at a variety of densities and condominium designs. Mr. Satterstrom stated that prior to staff s submittal of their recommendations, several alternatives were looked at by the Board and City Council in encouraging homeownership in multifamily developments. Land Use and Planning Board Minutes June 28, 1999 Page 6 Mr. Satterstrom stated that the Comprehensive Plan indicates that staff needs to look into the concept of proposing some regulatory mechanisms for encouraging condominium housing in Kent. Mr. Satterstrom stated that this concept is traced to Housing Goal HA policy of the Comprehensive Plan which states "...revise zoning and development standards to facilitate small lot sizes, manufactured housing on single family lots, townhouses, condominiums, clustering and other options which increase the supply of affordable ownership opportunities." Mr. Satterstrom referred to Page 2 of his staff report in identifying the following four options that the Board and City Council evaluated in their search to encourage condominium housing in Kent. • Contract Rezoning • Planned Unit Development ordinance • Townhouse Zoning District • Overlay(or"Incentive's Zoning. Mr. Satterstrom stated that even though Contract Rezoning is legal, it is poor policy and considered the antithesis of zoning. Mr. Satterstrom stated that the PUD ordinance was looked at by the Board and tabled in order to acquire further information. He stated that the Overlay or Incentive zoning _ option was viewed to have limited application and not a viable option. Mr. Satterstrom stated that after careful review of the four options, staff is recommending the creation of a separate zoning district called the MR-T (Multifamily Residential-Townhouse) zoning district. He stated that staff proposes that the Board recommend to the City Council that the MR-T district be added to the City's zoning district with a purpose statement that says "that it is the purpose of the Mkt-T district to provide suitable locations for low to medium density multifamily residential development where home ownership is encouraged consistent with the comprehensive plan." Mr. Satterstrom stated that staff is proposing the addition of a multifamily townhouse definition that says "a townhouse dwelling is a residential dwelling unit which is attached to other dwelling units along one or both sides and which occupies the building area from ground level to the roof with no dwelling units located above or below" Mr. Satterstrom spoke at length from Page 4 of the staff report in stating that the proposed "Principally permitted Uses"; "Accessory Uses" and "Conditional Uses" for the MR-T zone will remain predominately the same as in the MR-G zone. Mr. Satterstrom referred to Page 5 of the staff report in speaking at length on development standards. He stated that the maximum density for single family would be 8.71 dwelling units per acre, the same as MR-G. Mr. Satterstrom stated that the multiple family density would be 12.0 dwelling units Land Use and Planning Board Minutes June 28, 1999 Page 7 per acre. He reiterated the proposed development standards as indicated on Page 5 of the staff report. Mr. Satterstrom stated that an additional standard is added stating that"All Multifamily townhouse developments in the MR-T zone shall be condominium only. A condominium plat shall be filed and recorded prior to approval of a development permit by the City." Mr. Satterstrom pointed out the five criteria relating to property rezoning as indicated on page six of the report. He stated that to ensure that rezones to the MR-T are consistent with the intent for which this zone was created; staff is suggesting, for the Board's edification, the addition of the two following criteria in respect to MR-T zones. "The proposed rezone site is adjacent to or has direct access to an arterial street to ensure that the traffic accessing the MR-T development does not travel through single family residential neighborhoods" and "The proposed rezone site is conveniently located near transit stops and commercial services." Mr. Satterstrom submitted a letter for the record'from Jack Lynch and Associates as Exhibit 1, suggesting that the density per acre be "a range"rather than a"specific number"of units per acre. Mr. Satterstrom responded to Terry Zimmerman's request to reiterate the City's approval process for this recommendation. He stated that if the Board recommends approval to implement the MR-T zone,this item would then be sent on to the Full City Council,with initial review by its Planning and Public Works Committee. Mr. Satterstrom stated that when this recommendation goes before the Council, it will be voted on and an ordinance would be generated. Terry Zimmerman asked Mr. Satterstrom at what point further comment would be received. Mr. Satterstrom stated that the Council recognizes people who want to speak at the Public Works/Planning Committee and at the Full Council meeting. Mr. Sarterstrom stated that the Land Use and Planning Board public hearing is where public comment is most likely to influence the Council in reaching a decision. In response to Ron Harmon, Mr. Satterstrom stated that Green Meadow Townhomes were the first stop on the workshop tour of condominums and that the density on the buildable portion of the site was 10 units per acre as the preponderance of the site is wetlands. Terry Zimmerman MOVED and Steve Dowell SECONDED to open the public hearing. Motion carried. Robert Howe, 5446 Hyada Blvd NE, Tacoma, WA stated that he is a member of a couple of limited liability companies that are engaged in developing property in the City of Kent. He stated that if the intent of the City is to provide a viable program that will result in townhouse development, staff needs to assure that the restrictions and guidelines enforced are not so restrictive that this recommendation becomes unworkable. Land Use and Planning Board Minutes June 28, 1999 Page 8 Mr. Howe voiced concern over staff s recommendation that a townhome site needs to be located adjacent to or have direct access to an arterial street. He stated that developers should be given opportunity to address viable egress and access alternatives to a proposed site. Mr. Howe questioned if MR-T zoning was restricted to the current MR-G zone or could this zoning apply to SR-6 or SR-8. He stated that the development process is time consuming and would like to see a method implemented to decrease the length of time for the rezoning process, perhaps by deleting the comprehensive plan amendment process. Bill Dinsdale, 13700 SE 266t°, Kent, WA stated that providing affordable housing is crucial. He stated that the proposed zoning does not provide for more affordable housing for people. Mr. Dinsdale stated that to decrease cost, densities must increase to more than 12 units per acre. Mr. Dinsdale stated that by restricting egress and ingress for townhome developments next to an arterial,property that can take advantage of the MR-T is limited. He stated that there are numerous developable properties not located directly on arterials. Mr. Satterstrom in clarifying an issue stated that staff is not proposing that existing MR-G zoned property is going to be affected by this proposal at all. He stated that what is proposed is the creation of another zoning district to give landowners and developers the option of rezoning land to a higher density. Mr. Satterstrom cited the example that if property were zoned MR-D, 10 units per acre,the MR-T zone would represent an increase in density. MR-T is an option that the Council would be given to encourage homeownership in the situations that are intended in the purpose statement and in the criteria. Charles Rurridge, 27001 114te Avenue SE, Kent, WA stated that he is involved in several developments in the City of Kent. He stated that he is considering developing several pieces of property in Kent with multifamily and a townhouse project. Mr. Burridge stated that some of the properties have mitigation problems with wetlands where the MR-T would allow townhouse units to be developed surrounding these wetlands. Mr. Burridge stated that requiring locating the condominium sites next to arterial roads would be prohibitive and if allowing for only one entrance would be restrictive. He suggested that staff might look at the feasibility of two or three entryways for a development. Hugh Lieper, 815 Reiten Road, Kent, WA stated that he is a commercial real estate consultant. Mr. Lieper stated that he believes the City has been attempting to accomplish a distinct separation between the concept of condominium and apartment zoning with the creation of the MR-T zone. Mr. Lieper read and submitted a proposal for a new condominium-zoning district for the record as Exhibit 2. Mr. Lieper defined this new category as Condominium Townhouse Type Zoning (CTTZ) Land Use and Planning Board Minutes June 28, 1999 Page 9 which included allowing for one unit of living.space in a two or three story configuration on a maximum of sixteen units per acre. Mr. Lieper stated that a density of 12 units per acre is not affective when working on developing a piece of property and that he favored three story units in order to include construction of garages underneath the townhomes. He felt the 30-foot height restriction limits the workability to construct adequate townhomes. Mr. Lieper stated that the last item in additional standards says that "a condominium plat shall be filed and recorded prior to the approval of a development permit". He stated that with a condominium you can not record a total plat until construction is complete and the property has been surveyed. Mr. Lieper further stated that an actual survey of each unit and each part of that piece of property has to be recorded and that becomes part of the total conditions that must be met to satisfy the statutes of the state. Paul Morford, Post Office Box 6345, Kent,WA voiced his disappointment in the proposed MR-T zone as it does not lend itself to the creation of affordable housing in Kent. He referred to a development in the City of Des Moines where detached units are cu=tly under construction on 25- foot lots with 15-foot wide units and 5 foot setbacks. Mr. Morford stated that the lots were platted in the 1920's. Mr. Morford stated that the units are expensive but more affordable than a typical single family residence and encouraged staff to look at plans, which he submitted to the Board. Mr. Morford submitted an architectural version of the Marin Grove Community floor plans for the record as Exhibit#3. Mr. Morford stated that in the 1920'the City of Kent based development on small lots, located close to commercial, rail and waters and suggested changing minimum lot widths to 25 feet. Mr. Morford referenced Section 15.08 of the Kent Zoning Code on Nonconforming Lots of Record in saying that an ordinance was passed in the 1950's that stipulated if a property owner owned two lots side by side, the lots had to be combined in order to develop them. He stated that he believes by removing the nonconforming lot, a home could be built on one lot and a townhouse on the adjoining lot. Mr. Morford stated that the original intent of rezoning was to discourage multifamily and encourage condominiums or home ownership and that he feels that the MR-T zone should allow for a higher density to decrease the cost per unit. Mr. Morford suggested redefining the MR-T zone to Townhouse District only so as not to limit zoning to multifamily but rather encourage small townhouse developments. He stated that the staff report refers to the "T district as providing suitable locations for low to medium density multifamily". Mr. Morford suggested striking that statement out and add "it is purposely marked T district to provide suitable locations for residential development where home ownership is encouraged." Land Use and Planning Board Minutes June 28, 1999 Page 10 Mr. Morford quoted the staff report's definition of a multifamily townhouse dwelling on page four of the report and suggested rephrasing the definition from ". a townhouse dwelling is a residential dwelling unit, which is, attached..." to a townhouse dwelling is a residential dwelling unit which may or may not be 4-attached..." in order to develop unattached units on small lots. Mr. Morford spoke at length on his concerns regarding density limitations within the multifamily residential zoning district. Mr. Morford stated that he would like staff to receive input from Jerry Sn..-3er of Snyder Homes who built two planned unit developments in the County which have since .!=n annexed to the City and although they are close to an arterial, access is not from an arterial. Mr. Morford stated that he feels it to be nebulous that this zoning require a townhome development to be located near transit stops and commercial services as well as to require access from an arterial. Mr.Jerry Prowdy,27608114"Avenue Southeast,Kent, WA stated that he believes the new MR- T zoning does not provide enough concessions to encourage multifamily developers to build condominiums. Mr. Prowdy stated that he favors the proposed zoning as it more adequately applies to single family zones with steep slopes or partial wetlands where townhomes could be clustered on lots. -- Mr. Prowdy stated that he did not favor developers going having to go through the comprehensive plan amendment and rezoning process as it is lengthy and would discourage developers from constructing townhomes. Mr. Prowdy questioned if the rezone process could be streamlined and stated that even though the lot sizes and units per acre were conservative, none the less. he is in favor of moving this recommendation on for approval. Mr. Satterstrom stated if a property owner has existing MR-G zoning which allows 16 units per acre, condominiums can be developed in that zone at 16 units per acre and in MR-M zoning, condominiums or apartments can be developed at 23 units per acre. The MR-T zoning does not propose to change that. Mr. Satterstrom stated that staff believes that the MR-T zoning constitutes a form of multifamily zone because the density of 12 units per acre is more than would be permitted in any of the City's single family zones. He stated that generally you would not find 12 units per acre in a detached configuration. Mr. Satterstrom stated that the intent of the MR-T zone is to treat it as a multifamily zoning. He stated that the unique feature of the MR-T zone requires that development in that district must provide affordable owner occupied condominiums. ` Land Use and Planning Board Minutes June 28, 1999 Page 11 Mr. Satterstrom stated that he would beseech the Board to not remove the distinction of a multifamily zoning district from the MR-T zone, even though single family could be constructed within this zone. Mr. Satterstrom reiterated the criteria for siting of condominium development. He stated that the MR-T zoning would be applied to property through the rezoning process and if the conditions of the rezone remain consistent with the comprehensive plan, than there would be no need to apply for a comprehensive plan amendment. Mr. Satterstrom stated that direct access to arterial streets is a criteria not a requirement. He stated that the crucial factor in evaluating a proposed rezoned site is to allow the Hearing Examiner and City Council to see that traffic patterns accessing these sites do not generally run through single family areas adversely affecting these neighborhoods. Steve Dowell MOVED and Sharon Woodford SECONDED to close the public hearing. Motion carried. Communication ensued at length between Mr. Dowell and Mr. Satterstrom concerning changes to the PUD ordinance and if as result, the changes would require a comprehensive plan amendment in September, which Mr. Satterstrom replied in the negative. Mr. Harmon stated that this condominium zoning ordinance has been brought about from the last comprehensive and zoning change requests that were held in October and November of 1998 pertaining to two properties, one on Pacific Highway South and one on East Hill. Mr. Harmon stated that the Board looked at the requests and were informed by the applicants that if a townhouse ordinance was implemented, that the applicants voice interest in constructing a townhome development. Mr. Harmon stated that the rezone requests moved forward to the City Council, the Council looked at them and decided to table the requests because they did not want to deny the applicants the opportunity to build. Mr. Harmon stated that the Board was given direction from the Council Committee members to proceed with establishing a townhouse condominium zoning ordinance, in order to allow the Pacific Highway and East Hill projects to proceed. Mr. Satterstrom stated that if a MR-T zoning district is created, the Council has the option to bring the two amendments that were tabled back for consideration. The Council has the option to approve them as proposed, deny them or apply a new zoning district like the MR-T. Board member Terry Zimmerman stated that she agrees with a number of the speakers that 12 units per acre are not sufficient densities to provide affordable housing. She stated her concurrence with several speakers that a density of 16 units per acre would be appropriate. Land Use and Planning Board Minutes June 28, 1999 Page 12 Ms. Zimmerman stated that she agrees with Mr. Lieper in that staff needs to consider allowing three story height limitations where garages could be built underneath. She stated that Kent has quite a bit of sloped property that could accommodate a three stop, high condominium. Ms. Zimmerman stated that she disagrees with the stipulation that condominium sites are required to be located adjacent to or provide direct access to the site from an arterial. She voiced her concern that this condition is generated by City Council concerns that residential neighborhoods will not disapprove of multifamily projects being accessed on their residential streets. Ms.Zimmerman stated that she would recommend that the access issue needs to be addressed further either by public process or through Mr. Harris's administrative ability. She stated that a lot of developable property is not directly located on arterial streets. Ms. Zimmerman voiced her opposition to the rezone criteria #2 regarding locating the proposed rezone site near transit stops and commercial services. She stated that this theory is not feasible, as it seems that transit and commercial follow development and not the other way around. Sharon Woodford stated that the MR-T zoning does not seems to apply to MR-G or above, as there is no benefit for higher density. Ms. Woodford questioned if implementing an additional MR-T zone would address incentives for higher density multifamily to encourage them to develop townhouses. Ms. Woodford stated with an additional zoning, you could have a townhouse ordinance for single family residents and one for the higher density multifamily with differing regulations. Ms. Woodford suggested rephrasing the rezone criteria#1 on Page six of the staff report to read"that the proposed rezoned site is adjacent to or has close access to an arterial street to ensure that the traffic accessing the MR-T development does not disrupt single family residential neighborhoods." Ms. Woodford spoke in favor of the concept of allowing for two or three entrances into a development as long as it was no: disruptive. Mr. Dowell stated that citizens, staff and members of the board provided a lot of good information. He questioned if the Board was really ready to move forward with a decision. Mr. Dowell voiced concern that he hoped the Board would not base their decision on the benefit of two pieces of property close to Des Moines as it would not be a fair or justifiable reason. Mr. Dowell stated that he would recommend tabling this issue for further evaluation with staff based on testimony given. He stated that he feels more time is needed to refine a plan that would better address affordable housing. Ron Harmon stated that he had a couple issues, one of which were the additional standards in reference to filing of the condominium plats. Mr. Harmon asked Mr. Satterstrom to address this issue. Land Use and Planning Board Minutes June 28, 1999 Page 13 Mr. Satterstrom stated that filing of the condominium plat could be a limitation that may have to be changed. He stated that the City wants to make sure that the condominium plat is indeed filed and that the city is not creating townhouse rental units. Mr. Satterstrom stated that if in conferring with the City Attorney's office the filing of the condominium plat proves to be a limitation, staff may propose that filing occur prior to issuance of certificate of occupancy, at which point the project would be built. Mr. Satterstrom stated that staff would favor language where the City completes the final sign off of the condominium plat at the time the certificate of occupany is issued. Mr. Satterstrom in addressing the Board's density concerns stated that if 12 units per acre are too limiting in its application, there is nothing to prevent the Board from recommending a secondary type of district. He cautioned the Board that staff feels this district is fine the way it is written. Mr. Harmon voiced concern that a higher density zoning district may be approved by the Board but be denied by the Council as the public seems opposed to more multifamily apartment complexes and structures of that size. Mr. Harmon stated that he supports staff s recommendation for 12 units per acre in the MR-T zone. Mr.Harmon stated that a traffic mitigation study is currently in progress regarding the issues of who is going to pay for the new traffic corridors. Mr. Harmon questioned the possibility that if developers were allowed to provide access to their condominium sites through existing residential neighborhoods in lieu of being restricted to arterials streets, this could cut cost substantially for developers in not having to pay for road way improvements. Mr. Harmon voiced concern that traffic should not be allowed to travel through single family neighborhoods and propose wording that would indicate this. Mr. Harmon felt that placing a development near transit stops could prove difficult but indicated that locating a development near commercial services was imperative. Mr. Satterstrom proposed rephrasing the additional rezone criteria #1 to say "That the proposed rezone site is adjacent to or has convenient access to an arterial street to ensure that the traffic accessing the MR-T development minimizes the disruption to single family residential neighborhoods." Mr. Harmon acknowledged Mr. Dowell's concern in reference to his desire that the Board should accumulate more information but stated that he felt the Board needs to move on this issue as quickly as possible. Steve Dowell MOVED to table this issue which died for lack of a second. Ron Harmon said that he agrees with the motion as stated with the exception that he would like to see the density remain at 12 units per acre and changed his view from a two story high limitation to Land Use and Planning Board Minutes June 28, 1999 _ Page 14 three story height limitation to provide for a garage underneath. The cut through limitation is acceptable. He felt that locating a development close to transit should be stricken from the motion, and after reconsideration stated that the rezone criteria "...near commercial services' should additionally be stricken from the motion. Sharon Woodford stated that she disagrees with retaining"...near commercial services"as that leaves a lot to interpretation. She stated that "near" could be defined as three blocks or three miles and would be hard to defend. Ms. Zimmerman spoke at length about studying this issue further. She stated that the Board has previously had the option to bring forward revisions for the PUD. Ms. Zimmerman stated that the Board choice not to address the PUD issues but rather to bring the condominium issue before the Board in order to revisit the PUD issue and study this issue in more depth. Ms. Zimmerman stated that she would like to address smaller lot sizes as well as infill into the downtown area with single family residents developed on smaller lots. Ms. Zimmerman stated that she would like the Board to make it their task over the next year to develop affordable housing concepts. Mr. Dowell stated that if the PUD ordinance were brought back for further study, he would vote in favor of implementing the MR-T zoning district. Sharon Woodford stated that she favors sixteen units per acre but believes that it would not pass at City Council at this time, therefore, she will concur with what ever the Board chooses. Sharon Woodford stated that she supports the option for allowing three story condominiums development. She stated that with all the hills in Kent, three-story construction could be accomplished without the development appearing too tall. Ms. Woodford concurred with Mr. Leiper in noting that the location for such zoning shall be completely compatible and in harmony with the surrounding areas citing that if you are in a single story, single family residential area, it would not seem appropriate to build a three story townhouse. Terry Zimmerman stated that she does not support 12 units per acre, but concurred with three story heights. She stated that we have an obligation to pass on to Council the response that we have obtained from the community through the course of the public hearing and she did not hear anyone speak in favor of 12 units per acre. Ron Harmon stated that he would like to see a recommendation proposed tonight that could be passed on to the City Council and approved. He stated that the Board members are appointed and not elected officials. He stated that Planning staff is the Board's ears and eyes and emphasized that Planning staff has as much knowledge in reference to moving this recommendation forward as the developers setting in the audience. Mr. Harmon suggested that the Board look fervently at staff s recommendation. Land Use and Planning Board Minutes June 28, 1999 Page 15 Fred Satterstrom asked for the Board to clarify if their motion is in favor of the 12 units per acre density and-includes the new height limits of three stores restricted solely to townhouse as defined. Ms. Zimmerman concurred. Mr. Satterstrom stated that in terms of changing the language change pertaining to the filing of the Condominium plat and issuance of the certificate of occupancy; Mr. Satterstrom asked if staff could have some latitude with coordinating the timing issue. Terry Zimmerman MOVED and Sharon Woodford SECONDED to accept staff s recommendation of ZCA-99-5 Condominium Zoning Strategies with the additional changes as noted: • That the maximum density units per acre be changed from 12 units per acre to 16 units per acre. • That the height limitations be extended to three stories. • That the underlined language be added to the rezone criteria#1 to read as: "the proposed rezone site is adjacent to or has direei convenient access to an arterial street to ensure that the traffic accessing the MR-T development minimizes the disruption to single family residential neighborhoods. " • That the rezone criteria#2 stating"The proposed rezone site is conveniently located near transit stops and commercial services" be struck from the recommendations. • That for legal purposes the following addition be made that filing of the condominium plat should occur prior to or concurrently with the issuance of the occupancy permit. Motion carried. ADJOURNMENT The meeting adjourned at 9:20 pm. ectfully Submitted, J es P. Ham Secretary CITY Of W �� IxytcTw Jim White, Mayor Planning Department (253)856-5454/FAX(253) 856-6454 James P. Harris,Planning Director CITY OF KENT PLANNING DEPARTMENT (253) 856-5454 STAFF REPORT JUKE 28, 1999 TO: RON HARMON, CHAIR AND LAND USE & PLANNING BOARD MEMBERS FROM: FRED N. SATTERSTROM, PLAID NING MANAGER RE: PROPOSED TOWNHOUSE ZONING DISTRICT (MR-T) #ZCA-99-5 Background: On April 5, 1999, the City Council Planning and Public Works Committee voted to request the Land Use and Planning Board study and make recommendations to the City Council on zoning strategies which would encourage home ownership opportunities in Kent. This Committee vote stemmed from a series of meetings on the topic of"condominium zoning." On May 10, 1999 and June 14, 1999, the Land Use and Planning Board (LU&PB) discussed and reviewed the condominium zoning issue at length. Several alternative strategies were discussed at these workshops including the creation of a special zoning district, revisions to the Planned Unit Development (PUD) ordinance, and other proposals. In addition, a tour of various condominium developments was conducted with the LU&PB on May 24, 1999 in order to gain a first-hand familiarity with this form of development. Based on the discussion of options and the tour of condominium projects, the LU&PB decided at their June 14, 1999 workshop to move forward to public hearing with one of the options. This option is the creation of a special zoning district that would be restricted to condominium-only multifamily development, subject to specific development regulations, which would determine the dense}, and certain aspects of the design of these developments. Relationship to the Comprehensive Plan: The issue of encouraging homeownership opportunities is mentioned in the Kent Comprehensive _ Plan. In fact, condominium-style housing (one of several forms of homeownership) is addressed in the Housing Element of the Comprehensive Plan. Housing Goal H-4 states: "Eapa?ld home '--'Q atr.AVE.SO.. /KENT.WASHINGTON 98032-5895/TELEPHONE r2531 85r,.5?00 ZCA-99-5 Proposed Townhouse Zoning District(MR-T) LUPB June 28, 1999 Page 2 ownership opportunities for all income groups via land use regulations,financial strategies, and the removal of barriers to lending. " Policy H-4.1 specifically addresses condominiums in terms of zoning when it states: "Revise zoning and development standards to facilitate small lot sues, manufactured housing on single family lots, townhouses, condominiums, clustering, and other options which increase the supply of affordable ownership opportunities. " Zonine Strategies for Encouragin; Home Ownership: The City's existing multifamily residential zones do not differentiate between rental or owner housing. Except for PUD development in the SR (Single Family) zones, there is no requirement for condominium-type development in the zoning code, nor is there any zoning district which may be requested by an applicant for rezone which would limit developments to this project type. In addition, the City Attorney has advised the Planning Department that it is not lawful to simply adopt a zoning amendment which would require homeownership (i.e., condominiums) in all multifamily zoning districts. Nevertheless, under certain conditions, condominiums may be encouraged as an alternative to apartments through various zoning methods. These methods were first discussed with the Council Planning and Public Works Committee in March and April and then the Land Use and Planning Board in May and June. Some of the primary alternatives included the following: ■ Contract rezoning. Under this option, approval of a rezone request would be conditioned upon an agreement between the applicant and the City. Among other things, the agreement might contain a statement that only condominiums could be constructed. Therefore, any development permit ultimately issued by the City would constrict development to condominiums only. Decisions of the City Council would be made on a case-by-case basis. ■ Planned Unit Development ordinance. The existing PUD ordinance restricts condominium-type (attached) housing in the SR zones to sites that are more than 100 acres in size. An option would be to reduce this minimum site size to 10 or 5 or even a smaller threshold, resulting in more areas which could, given City Council approval of the PUD, be utilized for attached condominium style housing. • Townhouse Zoning District. This option would entail the creation of a special zoning district which would permit only condominium type developments and would require the recording of a condominium plat prior to issuance of a development permit. A maximum density would be specified which could be similar or different from other multifamily zones. The T-zone would be available for applicants to request rezoning of suitable sites with criteria for rezoning set by ordinance. ■ Overlay (or "Incentive") Zoning. This option would allow additional density in existing multifamily zones for condominium developments. Densities for rental apartments would remain the same. As an overlay, it would only be available for existing multifamily zones. ZCA-99-5 Proposed Townhouse Zoning District(MR-T) LUPB June 28, 1999 Page 3 Discussion and Evaluation of Alternatives: The above options were discussed at length by the LU&PB and, with the exception of the T- zone, were found to be unsuitable. While contract rezoning may be a legal method for rezoning and conditioning development, it was found not to be a good way to develop policy. In reality, it is the opposite of consistent and predictable policy since the specific conditions will be different from one site to another. It is subject to "deal-making" and puts the City Council and LU&PB in an awkward position. . In addition, recent experience with contract rezoning has not been positive. The overlay zone option (where additional density is allowed for condominiums but not rental apartments) offers only limited advantage in terms of inducing homeownership opportunities. This is because the densities already allowed in the City's MR (multifamily) zones are fairly high. Townhouse condominiums are generally low-density projects, usually in the range of 10- 14 units per acre. Densities in excess of this generally yield "stacked unit" configurations, where residential units are built over one another. Therefore, perhaps only the MR-D (Duplex) zone — where the density limit is 10 units per acre — would attract applications for a condominium density bonus. The Planned Unit Development option was considered by the LU&PB and was determined to need additional study before moving forward to public hearing. As proposed by staff in preliminary discussions, the PUD revisions would be restricted to only the SR-6 and SR-8 zones, the minimum site size would be 2 acres and the maximum site size would be 10 acres. Also, special criteria would be specified for approval of such PUD's, including factors relating to proximity to transit and services, adjacency to arterial streets, and open space. However, following discussions with the LU&PB, it was felt this option needed further study before moving to public hearing. The creation of a special zoning district which would restrict multifamily development to condominium-only was felt to be a viable option for increasing the opportunities for homeownership in Kent, and at their June 14, 1999 workshop, the LU&PB moved this alternative along to public hearing for June 28, 1999. As proposed by staff, this new zoning district would require multifamily development to be condominium-only subject to development standards which would allow a two-story configuration (no stacked units), a density maximum of '2 Units per acre, multifamily design review, and other requirements. Staff Recommendation: Staff recommends that the LU&PB recommend to the City Council to add the following to Kent Zoning Code, Section 15.03.010 Establishment and designation of districts: MR-T Multifamily Residential District—Townhouse It is the purpose of the MR-T district to provide suitable locations for low to medium density multifamily residential development where homeownership is encouraged consistent with the comprehensive plan. ZCA-99-5 Proposed Townhouse Zoning District(MR-T) LUPB June 28, 1999 Page 4 The following definition of"townhouse" development is proposed to be added to Section 15.02 of the Kent Zoning Code: Multifamily Townhouse. A townhouse dwelling is a residential dwelling unit which is attached to other dwelling units along one or both sides and which occupies the building area from ground level to the roof with no dwelling units located above or below. The following uses are proposed as principally permitted, accessory, special and conditional uses in the MR-T zone, Section 15.04 of the Kent Zoning Code (SEE, Attachment A): Principally permitted uses: ■ One single family dwelling per lot ■ One modular home per lot ■ Duplexes ■ Multifamily Townhouse units ■ Mobile home parks (subject to footnote#13) ■ Group homes class 1-A ■ Group homes class 1-B ■ Home da_v care ■ Day care center ■ Crop and tree farming Accessory uses: ■ Rooming and boarding of not more than 3 persons • Accessory buildings and uses customarily appurtenant to a permitted use ■ Accessory dwelling units (subject to footnote #10) ■ Home occupations (subject to footnote #11) ■ Storage buildings and storage of recreational vehicles (subject to footnote #16) ■ Offices incidental to a principally permitted use Conditional uses: ■ Group homes classes 1-C, 11-A, 11-13, and 11-C • Drive-in churches, welfare facilities, retirement homes, convalescent homes and other welfare facilities whether public or private, and facilities for rehabilitation or correction ■ Transportation and transit facilities • Railway and bus depots, taxi stands ■ Utility and transportation facilities, electrical substations, pumping or regulating devices for the transmission of water, gas, steam, petroleum, etc. ■ Public facilities. Firehouses, police stations, libraries, and administrative offices of governmental agencies, primary and secondary schools, vocational schools and colleges ■ Open space uses including cemeteries, parks, playgrounds, golf courses and other recreational facilities, including buildings or structures associated therewith ■ Private clubs, fraternal lodges, etc. ZCA-99-5 Proposed Townhouse Zoning District(MR-T) LUPB June 28, 1999 Page 5 Special uses: ■ Churches (subject to footnote#4) The following Development standards are proposed for the MR-T zone, to be added to Section 15.04.170 of the Kent Zoning Code (SEE, Attachment B): Maximum density (units per acre) SF: 8.71 dus/ac MF: 12.0 dus/ac Minimum lot area SF: 4000 sq. ft. Duplex: 8000 sq. ft. MF: 8500 for first 2 units, then 3500 sq. ft. per each additional unit Minimum lot width SF: 40 ft. Duplex: 80 ft. MF: 80 ft. Maximum site coverage SF: 55% (subject to footnote #5) Duplex: 40 % (subject to footnote #5) MF: 45% (subject to footnote #5) Minimum yard requirements SF: Same as MR-G Duplex: Same as MR-G MF: Same as MR-G Height Limitation SF: 2.5 stories/30 feet Duplex: 2 stories/30 feet MF: 2 stories/30 feet Maximum impervious surface SF: 75% (subject to footnote #19) Duplex: 70% (subject to footnote #19) MF: 70% (subject to footnote #19) Zero Lot Line Provisions of 15.08.300, 310, 330 shall Apple Signs Same as for MR-G zone Offstreet parking Same as for MR-G zone Landscaping Same as for MR-G zone Multifamily Design Review Yes. See Section 15.09.047. Additional standards All multifamily townhouse developments in the MR-T zone shall be condominium only. A condominium plat shall be filed and recorded prior to approval of development permit by the Citv. ZCA-99-5 Proposed Townhouse Zoning District(MR-T) LUPB June 28, 1999 Page 6 The LU&PB may also wish to consider additional rezone criteria, which would provide guidance and direction in the decision-making process for rezone applications. Rezone criteria are specified in Section 15.09.050 of the Kent Zoning Code (SEE, Attachment Q. These criteria seek to ensure that rezones are consistent with the comprehensive plan, are compatible with surrounding development, do not unduly burden the street system, and do not cause adverse impacts to the public. The LU&PB could add criteria to ensure that rezones to MR-T achieve the original intent of creating opportunities for attached homeownership opportunities. Staff suggests the following criteria based on the discussions with Board and Council members regarding this option: 1. The proposed rezone site is adjacent to or has direct access to an arterial street to ensure that the traffic accessing the MR-T development does not travel through single famih residential neighborhoods. 2. The proposed rezone site is conveniently located near transit stops and commercial services. (� FS.pm P:t4dminitownhome.doc Enclosures: Attachment A,B &C cc: James P. Harris, Planning Director ATTACH NA ENT A L b, rr Sec. 15.04.020. Residential Land Uses. Zoning Districts Key P=Principally Permitted Uses _ S=Special Uses a A C=Conditional Uses s 32 s e A=Accessory Uses A o 1 c; s y n R E St W fL tr fr fS E L' �c m fJ u a �cI V a`C}i C 0/ A w M C w ` 75 Q M L) :a O U 3 o ti ti ri c: >_ S a) d S H g O c� 2 c o o c o cm Cr N rn cn rn Z G V V o 52 v v d < W W N V3 N t!t 2 U n C O U U C7 O 5 a i 2, 7 tD One singirfamity dwelling per lot I P I P I P P P I P P I P tP I P I P I I I I I I I P I P I I I I All)I A(t) A(t)II All) One duplex per lat I l I I P I I I I I I I I I I I I I I I I I One modular home per lot I P I P P I P I P I P I P I P I P P P I I I I I Duplexes I I I I l I I P P I P MuRffartelydweWngs 1 I ( I P I P P I ItlP) -`�I P I P I I I P I P I I I I I I(iSl Multifamily d"Wags for senior biotin: I ( I I I I I I I I I P(2J I P P I I I f im I ism I I 1 I I Mobile homes and manufactured homes I I I I I I I I ( I P I I I 11 Mottle hone Perks 11 I I I I(3)1(3)1(3) (3)I P ( I 1 I 1 I Group homes class I-A P I P I P P I P I P P I P P P P P I P { P I P P C C c C P Group homes class 68 I I I P P I P I P I P P P I P C C C C P Group homn class 6C I I I I I I I C C I P I P I I P I P ( P I P I C c I C C P Group homes class 0-A I I I ( I I C c c I C I I c I C I c I c I C C C _ I C I I Group homes class0.8 ► I I I I I I I IcIr- C CI ( Clcicic CICIC Clcl Group homes class 11-C I I I I I I I { C C I C I C I I C I c I c I c C I c I c I C I C I I I I IGroup homes class Ili I I I I I I I I I I I I I Icicicic cicic cicl I I I I I I Rebuddiaccessory uses for existing I I P(6)I I I 1 ( I I I I I P(6)I P(6)I P(6)I P(6)I I P(6)I P(6)I P(6)I P(6)I P(6)I P(6)I P(6)I P(6)I P(6)I P(6) ewdringa Transfbonal housing I I I I I I I I I I I I I I I I P(7)I P(7)I I I I Guest cottage and houses All)I A(!)I All)I I I I ( I I I I I I I I I I I All)I I I I { Rooming and boarding of not more than ( I ( A I A I A I A I A A I A I A I A I I I I three persons Farm womer accommodations I'n 1 A(9)I, 1 I I 1 I I I I I ( 1 I I I I 1 I A(9)1 1 I I I I Accessory uses and buditga A A A A I A A A II A A A A A I( A I A A A A I( A A A A A I( A A A A I wslomm" aoourtenam to a permiQed I I(11) I I I I I I I I I I I ( I I I I I I Accessory dwelling units ((" I I " IAI " I " I " 1 " I " 1 " I IAI I I I I " I ( I ( " I " I I I I I 10) (t0) (10) (10) (10) (10) (10) (10) 110) (10) 110) (10) (10) Accessory 11mg quarters I I I I ( I I I I I A ( A I A I A A AIA I A I A I A ( A I A I A I A I A (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) Home oceupanons I A I I A A A I All All(All A I A I " I " I I I I I I I I I I I I (11) 01) (it) (11) (11) (11) (11) (it) (11) (11) (11) Service buildings I I I I I I I I I A I I I I I I I I ( I I I I { { Stone buldrn s and sloe a of A A A A A A A A A A A A g 9 9 1 ( reusauonalvehicles (15)I 1(16) (16)I(16)1(16)1116)I(16)I(16)I(16)1116)1(161I Drive-in churches: "tan: faciliu s: C C C C C C c c C C C c C C C C C c I C C C C C c C C Drive-in Churches, retirement homes, (12) convalescent homes and otter welfare facliitlas whelner privately or publicly operated, facilities for renabilitation or correction.ett Sec. 15.04.060. Transportation,Public and Utilities Land Uses. Zoning Districts lox IrincipaUy Permitted Uses {special uses a C■GondiUonal Uses e 32 A a Accessory Uses 2 o�1 e _ C CCC we 33 MO 7 a E '• * c c c� c� ,2 ace_ 443 CM ch CX w Cn CD CO N .? T uP R 4 C7 S a V eV te7 J c� V z c� `b' c� c� to o c� Commerdal parking lots orsouctures I I ( I I C I C I II I II I I Transportation and tnuM facilities C I C C I C C I C C I C I C I C I CIC I C C I C C C I C C ( C C C I C I C C P(i) C Ranlway and bus depots,tun stands I I C ( C OtIDtyand transportation facilities: C C C C C C C C C C C C C C C C C C C C C C C C C C C Oectrical substations,pupping or regulating dances forth*transmission of rratsr,pas,stsam,petroleu+4 set Public facilities.Rmhouses.police C C C C C C C C C C C C C C C P C C C C C C C C C C C stations,GbnaAa and adenirnistratiwe officas of pmemmental apsncfa,primary and secondar schools,vocational schools and colleges. assory uses and bufldngs A A A A A A A A A A A A A A A A A A A A A A A A A AM . �onnaty appnrtruot to a pertrdWd 2d r Sec. 15.04.090. Service Land Uses. Zoning Districts Key P a Principally Pemtitted Uses - S a Special Uses c cTI C:Conddional Uses A=Accessory Uses s s m m � _ c m > ¢ Se R m ,� _ 32 32 3232 32 � �.. M a �Re 1� Ti �• d m m 4- m A C �C c V c c �_ �_ CmCCU r. A c tL - S U IL rt W ! gcg i 3 S m < i N T a t7 d V C w U N C7 Silt c c C7 V < to t�rr r�ir CO t Cr_ in in � � � � � z c�.t � � � v L 0 Finance,insurance,R>,estate cervices I i l l l I I I I I I I I I P 1 n�I P I P I I P I P I P I I P P I Pm I I P(3) Personal services:laundry:dry cleaning; 1 ( I I 1 I I I I I P P IP(1 P ( P I P 1 C I IP(t0 (10 i Pin I I Pp) barter,salons:shoe repair,laundereaes I 00} Mortuaries j j I j I I I (12>r i 1 P I P j C I j I P(3) Home day care I P I P 1 P 1 P I P I P 1 P 1 P I P P I P 1 P j P ( P I P P I P I P P I P P I P P P P P P I P Day urn center I C 1 C I C I C C ( C j C 1 C I P 1 P I P I P I P P j P 1 P 1 P P P I P P ( P P I P P I P P I P Business services,duplicating and blue ( I I I III I I I I P(1 P P P P P P P P(1) P(3) printing.travel agencies and empicyntent agencies Building maintananc.and put control I 1 I I 77 I I I I ! I P ! P P I I P P PM I Outdoor Storage(including trud6 heavy P P A A A A A P empment and contractor storage yards as a0owed by Development Standards —. Sections 1&0&190 a 1S.W210) r.` Rental and leasing services for ars, ( I I I I I I I I I I I I I P P P I ( I P P P(2) trucks,trsUers,furniture and tools I Mcruding body waft)t services I I I I I I I I I I 1 I C I I I P I P I P I 1 P ( 1 I C(s} aeCon Upholstery III.TV;eieetnial: I I I I I I I I I I P IP(121 P I I I P I P I I I P I P I Pm I I P(3)1 Professional SOMces:Medical:dints I I I I I I I I P P I I P I P I P I 1 P P (P(1)I I PM fa and other health re related strvldes I heavy Ecuroment and Truck Repair I 1 ! I I I ! I ! I I I I I I I P I P ) P I I I I C I P� Conrad Constromon Service Offices: 1p(16P Offices: I IP(161 P P (16 IP(17)(P(11�P(l)I P 1PI Budding constu=on:plumbing:pavin and landscaping ( Educational Services: vocational:race; I I I I P I P P I P I P ( I P I P (P1 )I I P(3) car.-ffmur—dancing:barber and beauty Czu=n 1 s(4)1 1 S(4)I S(4)1 S(n 1 Su)I Sw 1 Sid)1 Soil S(4)1 Sm l i l S(4)1 s(4)1 I S(4)I I I S(4)j S(4)I S(4)1 I I Adrumstetve and Drofessional olT1rn— I 1 I I I I P IP(121 P P I C I P P I P ( 9eners! I P I P I P(2)1 I f` ) 1 Municipal uses and buildings I I I I I I I I I I I IP(13 P(t 1 1 P I P 1P(131P(13 P(13 (13r(13 (13 P(13 `i(2)IP(1 (t Researen,develooment and testing I I I I ( 11 I I I I I I I I I P P I P ( I P P PM (14 Planned Devefoornent Retail Sales I 1 1 I 1 I I I I I I I 1 1 I I I I ( I I CM I uAcemory uses and buildings A I A AM I A I A I A I A A A I A I A I A I I A I A ( A I A A I A)I(A)I A)� A I A A I A ( A rl-T, nmmiariry appurtenant to a permitted (1s) (16) (19) (19} (is 16 (ti Boarding lu rneis and breeding eaubushments Viurinary curio and vetennary hospitals 1 I C I 1 I I ( 1 1 I I I I I I P(6)1 I I P(9)I P(q)I P(6) C I I I Adminim3eve or esecuare offices which I I I I I I I I I I I I I I I P I I I I ( P I P I P {� are part of a predominant Industrial clieratiorL 015cn madental and necessary to the I I I I I I I I A A I A ILL donduC,o!a pnntlpairy permitted use 2� Sec. 15.04.110. Cultural, Entert2inment and Recreation Land Uses. Zoning Districts P=Principally Permitted Uses S a Special Uses o o 'mac C a Conditional Uses s s ea A=Accessory Uses o s Q: dc- qq f�a W .J t�j C C d C C O et E C C iT '(r.' or CMA N LN ` d trj 'y2 �O 3 w < E .e E E E - c ti ti ti e E < < Q C 4 U w C t, — z V G N cw a E � c� 1,rt C C7 U CV.� Perto gin Ig and cultural Mas d,�di�, uses.sum i I I I I I I I I PM) P P I I P I P I P I I I P I I IN Hiatonc and monument adss I ( I I I I I I I I P I P Public assembly Mdoort:sports facilities: P P P P P(2) P(2) P(2) P(t) arras;auditoriums and alilbtiion halls, bang alleys,dart Pl"g facillb", CM sainting rinks.community dubs:athletic tlubs:moeation centers:theaters lescluding school facilities) sintily(outdoor): and annualsaw+t parks:tennis courts:Fairgrounds P P l����nth n am go-can i span use:Ctlnennes,parks. C C C C C C C C C C C C C C P(g) P(s) P(s) C m m C C C C C C hrounds.Of courses and other `ecretit faassodated Including b Ildngs or C C C C C recreation awloyse mcmaHon areas I I I I I I I I I I I I ( I I I I I A I A I A I A Pnrau dubs.frstrmal lodges,etc I C I C C I C I C C C ( C C I C C C I I C C C C I C i C I C 11 C C I C I C I C I C Pm limmattonal vehicle parksIBC I i Pi� I P Accessory uses and buildings A I A A A A A A A A A A A A A A A A A A A A A A A A Afa) --tr anly appurtenant to a pe*n+rtied I I I I I ( I I use ` I Remabonal buildings in MHP I I I I I I I ( I I I I I A I ( I I I I I �O 15.04.130. Resource Land Uses. Zoning Districts K I � P=Principaly Perm)tted Uses A 6 S=Special Uses S C=Conditional Uses s 32 o A=Accessory Uses c ¢ g Q t � S d or S S U �QQ gE� �qE� ari � tL C tea. Cr. C IL 1? w E E E c 1O c U A Ea � m m � $Q U U U U a 2 TOP C% p C GA 4n U U 4 Ln h I y CO EEn N I Z U G G O U U Agnaimural uses(icluding whWmaM + P I P + P I I I I I I ( I J ( J I ( P I I I l nursenos and greenhouses) I I II II I I II tI Crop and Vwtammng P PIP PIP PIPIPIPIPIPIP I I I I ( I IPIPIP PIPIP Stoops.nwubcwr q,pex wg and P P cc veolon of apnenemral produ=Inot including slaughtering or most packing) Accessory uses and bugduigs I A A A(1) A A A A JAIA A A A A A A A I) A A A A A A A I A I A A A n SURRI lly appurtenant to a peennled I use stirs winds I AO) AR)I A(3) I I I I I I I I I I I NZ) I I I l t A7T/A CH ME N-T 8 Sec. 15.04.1 10. Agricultural and Residential Zone Development Standards. Zoning Dist7= 1O a s C V � d s s a or S A d * E or QSE a�i m 32 or CC CX CC Q7 CD Ta E E E & p o c o m 0 2 w -F F y g Z 0 O� Oi D.' to (/� M'l [n fn •� G G N r7 r W ww Of Of CC cr Cr ir Cr C O d C Cn I CO ( rn cn rn to 2 SF )f)uptexl SF Ouptaail MF I SF Mwp* MF I Si (Dusted MF dwellling units perum Density:acre I owl uwaCltlusia dULaClduwacld"acldWlacl (duaJAC IdYflac duslacl �O"acIdustac, �duslac� Minimum lot area: 134,7001 t ac 134.700 16.000 1 9100 7,600 5.700 4A00 4.000 I.000 4,000 SAN 11.5001 4,000 tA00 t,S00f 4,000 SAN L5W square feet or acres,as so ft Oil it aq ft aq ft so ft aq R aq it ft soft sq itaq ft eq ft aq it 2.500 res 9q it aq R loop noted ( gotfl) oIt it I `inimum lot width:felt 16o ft 160 ft l 50 ft 50 It150 ft I Soft 40 ft 40 R Soft 140 ft 80 ft loft 40 it 80 ft 80 ft 40 It110 itI t0 ft Maximum site 30% 50% 30% 30% 43% 45% 10% "% 1 55% 40% 55% 40% 45% 55% 40% 45% 5 40% 30% coverage:percent of I (5) (5) I (5) M I (5) (5) (5) ( 5%(5) (5) (5) (5) I (s) (s) she Minimum yard (22) requirements:feet Front yard 20ft 30 ft 20ft left 10ft left left left 10R loft loft 1011t 20ft 10111, 10R 20ft left loft 20ft (6) (7) (6) (5) (6) (6) (6l (6) (6) (9) (6) (6) (6) (1) (6) R) (1) (6) (6) (6) (8) 0) till 0) (1) (1) (6) (t) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (5) 0) 0) 0) Side yard 15 it (10) 15ft 5ft 5ft 5it 5ft 5ft 5ft 5ft 5ft 5ft (11) 5R 5ft (11) 5R 5ft (11) Side yard on flanking 20ft 20it loft left loft loft loft loft loft loft loft 15ft left loft 15 it loft loft 15ft str"t of a comer lot (9) (9) 19) (9) (9) (9) (q) (9) (9) (9) (9) (9) (9) Rearyarti 20it 15ft 5R 5ft 5ft 5R 5it 5ft Ift 5ft tit 20R 5R Ira 20ft 5ft Ira 20ft Additional (12) (13) (12) (14) (14) (14) setbacksldistances (15) (15) (15) between buildings MeigM limdanon:in 15 2 stryJ 2-5 2 5 23 2-5 2.52.5 23 2 5 2.5 2.5 ]atryl 2.52.5 3 so* 2.5 2.54 aoyl storieslnot to exceed in w O 35 ft stryf w" s" sbyr 9" :fib IVY a" wyl aUyf 40 itsty say( 40 ft a" a" 50 it feet 35 ft (17) 35 ft 35 it35 ft 35 it 35 ft 30 ft 30 ft 25 It 30 it 35 ft 30 it 35 It 30 ft 35 ft (t11 (tt1 Maximum rmpervrous i Q 40% 40% 50% 611% 70% 75% 75% 70% 75% 70% 75% 70% 75% 70% surtax:percent of I (19%) I (191 I (a) I a3) (p) (23) I (23) (19) I (19) 112) (19) (19) (19) (19) I (19) total Parcel area Zem tit line and The prwrarone n Se -on-U U300.310.=.and 330 ehet apply. clustering (24) signs , I The sW fegutaome of Chapter 1S06•lull apply. Offstreet parking I The off-eaeat partrrrq reoo of Ctrapur ISM Mau apply. Landscaping The un*wAmg reaurernerr a of Chapter 15.07 s1W apply. Multi-tamiy transition I I I I R31 RS) R� Ana Multi-family design I I (26) (26) I (26) review Additional stanoards Additional atanoams for$Pmk Maas am coed W In Chapter 1501 and Chaptr ISM. 120) (20) (21) A-T TAC H M E-NT C ZONING 4 15.09.050 and zoning map amendments may be plywood face generic notice board, to ~� t heard by the planning commission and be issued by the city planning depnrt- city council. ment, and as follows: The applicant - 2. Amendments to the text of this title shall apply to the city for issuance of may be initiated by resolution of inten- the notice board, and shall deposit tion by the planning commission. with the city planning department the amount of sixty dollars ($60.00). The- 3. Official zoning map amendments (re- applicant shall be responsible for place- zones), including the application of the ment of the notice boards in one (1) "C" suffix, may be initiated by applica- conspicuous place on or adjacent to the tion of one(1)or more owners, or their property which is the subject of the agents, of the property affected by the application at least fourteen (14) days proposed amendment, which shall be prior to the date of the public hearing. made on a form prescribed by the plan- Planning department staff shall post ning department and filed with the laminated notice sheets and vinyl in- planning department. The application formation packets on the board no later shall be submitted at least forty-five than ten(10)days prior to the hearing. (45) days prior to the next regularly Upon return of the notice board in good scheduled public hearing date,and shall condition to the planning department be heard by the hearing examiner by the applicant, forty-five dollars within one hundred (100) days of the ($45.00) of the initial notice board de- date of the application; provided, how- posit shall be refunded to the appli- ever,that this period may be extended cant. in any case for which an environmen- C. Standards and criteria for granting a re- tal impact statement is required. quest for rezone. The following standards. ,. B. Public hearing. The hearing examiner shall and criteria shall be used by the hearing's hold at least one (1) public hearing on any examiner and city council to evaluate a proposed amendment, and shall give notice request for rezone. Such an amendment thereof in at least one(1) publication in the shall only be granted if the city council local newspaper at least ten(10)days prior determines that the request is consistent to the public hearing. with these standards and criteria. 1. Notice shall be given to all property 1. The proposed rezone is consistent with owners within at least two hundred the comprehensive plan. (200)feet and,when determined by the 2. The proposed rezone and subsequent planning director, a greater distance development of the site would be com- from the exterior boundaries of the patible with development in the vicin- property which is the subject of the ity. application. Such notice is to be sent 3. The proposed rezone will not kird?dv ten (10) days prior to the public hear- burden the transportation system in ing. The failure of any property owner the vicinity of the property with signif- to receive the notice of hearing will not icant adverse impacts which cannot be invalidate the proceedings. mitigated. 2 Public notices shall be posted in one(1) 4. Circumstances have changed substan- conspicuous place on or adjacent to the tially since the establishment of the property which is the subject of the current zoning district to warrant the application at least ten (10) days prior proposed rezone. to the date of the public hearing. Pub- 5. The proposed rezone will not adverseiy lic notice shall be accomplished through affect the health, safety and genera' use of a four (4) foot by four (4) foot welfare of the citizens of the city. Supp No IS 1288.1 i I Kent City Council Meeting Date August 3 , 1999 Category Bids 1 . SUBJECT: 1999 TRAFFIC STRIPING 2 . SUMMARY STATEMENT: Bid opening for this project was July 29th. Due to time constraints, the bid information is not included in the Council packets . The Public Works Director will make a recommendation to award at the August 3rd Council meeting. 3 . EXHIBITS: None 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 that the 1999 City of Kent Traffic Striping contract be awarded to DISCUSSION: ACTION: Council Agenda Item No. 8A REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT-6 w ka,- B. OPERATIONS COMMITTEE ( � � 3'3� C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS/PLANNING COMMITTEE E. PARKS COMMITTEE bo "%1 17 F. ADMINISTRATIVE REPORTS r PUBLIC SAFETY COMMITTEE MINUTES July 13, 1999 COMMITTEE MEMBERS PRESENT: Chair Connie Epperly, Sandy Amodt, Tom Brotherton STAFF PRESENT: Allen Emerson, Norm Angelo, Ed Crawford, Roger Lubovich, Jackie Bicknell The meeting was called to order by Chair Connie Epperly at 5:09PM. Approval of Minutes of May 25, 1999 Committee Member Sandy Amodt moved to approve the minutes of June 22, 1999. The motion was seconded by Committee Member Tom Brotherton and carried 3-0. Grant from U.S. Dept. of Justice for Equipment Related to Weapons of Mass Destruction Fire Chief Norm Angelo said King County was awarded $499,650 by the U.S. Department of Justice under the State and Local Domestic Preparedness Equipment Support Program Project. The purpose of the grant was for purchasing and distributing personal protective, chemical, biological, and radiological detection and decontamination equipment to local response agencies. Equipment is provided to the Kent agency as part of the mutual aid resources available under the mutual aid agreements in place among fire, EMS, hazardous materials service providers, and law enforcement. Specific equipment distributed to the City of Kent includes chemical and biological detectors, escape masks, chemical and biological suits, and SWAT suits and boots. Tom Brotherton moved that the Public Safety Committee recommend that this item be placed on the Consent Calendar for the July 20, 1999 Council meeting, authorizing the Mayor to sign the certification and Assurances Document and the Distribution Agreement. The motion was seconded by Sandy Amodt and carried 3-0. Donation to Volunteers — Acceptance Sergeant Allen Emerson of the Kent Police Department addressed the Committee with a request to accept a donation from the Kent Rotary Club and to establish a separate project account for the Police Volunteers for receiving contributions and expending funds in relationship to the volunteer programs. On May 8, 1999, the Kent Rotary Club held its annual auction at which it had been arranged that half of the money raised by any group that had prepurchased a table would be given back in the form of a donation. The Volunteers in Police purchased two tables and raised a total of$6546 of which half, or $3,273, was returned to them by the Rotary Club. Sandy Amodt moved that the Public Safety Committee recommend to the full Council approval to establish a special project account for the Police Volunteers and to accept a donation from the Kent Rotary'Club in the amount of$3,273. The motion was seconded by Tom Brotherton and carried 3-0. Public Safety Committee,7/13/99 2 Signage for Bicvcle Helmet Ordinance Signage for the Bicycle Helmet Ordinance was deferred to the Public Works Department to bring back information to the next Public Safety Committee meeting on July 27, 1999. The meeting was adjourned at 5:22PM. Jackie Bicknell City Council Secretary OPERATIONS COMMITTEE MINUTES July 6, 1999 COMMITTEE MEMBERS PRESENT: Chair Judy Woods, Sandy Amodt, Leona Orr(filling in for Tim Clark) STAFF PRESENT: Karen Ford, Steve Ohlde, Norm Angelo, Joye Honeycutt, Marty Mulholland, Joe Lorenz, Larry Webb, Stan Wade, Don Wickstrom, Brent McFall, Bob Hutchinson, Jim Harris, Fred Satterstrom, Roger Lubovich, Jackie Bicknell The meeting was called to order by Chair Judy Woods at 3:29PM. Approval of Minutes of June 15, 1999 Committee Member Sandy Amodt moved to approve the minutes of June 15, 1999. The motion was seconded by Committee Member Leona Orr and carried 3-0. Approval of Combined Check-Detail Vouchers Dated 6/30/99 Finance Director May Miller presented the vouchers dated June 30, 1999. Leona Orr moved to approve the vouchers. The motion was seconded by Sandy Amodt and carried 3-0. King_County EMS Regional Cooperative Purchasing Agreement Fire Chief Norm Angelo said a Regional Purchasing Program for the purchase of EMS supplies and equipment was implemented under the 1998-2003 EMS Strategic Plan. A Regional Purchasing Committee was formed to facilitate planning and designing of the countywide program. Buying in bulk improves buying power and by participating in the Cooperative Purchasing Agreement, the City of Kent will get the best price available for medical supplies. Sandy Amodt moved that the Operations Committee recommend to the Council authorization for the Mavor to sign the Cooperative Purchasing Agreement with King County. The motion was seconded by Leona Orr and carried 3-0. Laptop Purchase Police Lieutenant Steve Ohlde addressed the request to purchase laptop computers by Councilmanic bonds utilizing a bid contract with Datec, Inc. established by the City of Tacoma. The Pierce County Sheriff s Office and the City of Puyallup are also using the same contract. Datec has agreed to provide Kent with the same terms, pricing, and warranty. The laptop computers will be used as Mobile Data Terminals that will replace the Police Department's aging terminals. The total costs for purchasing 20 units, including sales tax, is 391,936.63. Leona Orr moved that the Operations Committee recommend to the Council approval to utilize the same bid contract between Datec and the City of Tacoma for purchase of 20 laptop computers by the Kent Police Department to be used as Mobile Data Terminals for a total cost of$91,936.63. Sandy Amodt seconded the motion which carried 3-0. Committee Member Tim Clark arrived and took his place at the Committee table. Operations Committee Minutes, 6/15/99 2 Proposed New Permit Staff Director of Operations Brent McFall said the City has been engaged for several months in an effort to review the permit process and to find ways to expedite that process so there would be a more timely turnaround for customers receiving permits for various building and development activities in the City of Kent. The consultant's study recommended reviewing staffing with respect to the current workload. It was the sense of the consultant that the City was understaffed and the volume of activity too high for existing staff to reasonably execute a turnaround in a timely manner. A task force, headed by Planning Department Director Jim Harris, worked to create new timeline projections that would be much more satisfactory. The proposal is for four additional staff in all of the departments that work with permits. Jim Hams noted two minor corrections on the first page of the memo included in the packets. In the right hand column titled 2000 Salary, the third line down stating $49,534 should read S40,534. That changes the total of that column to S771,316. Under Fire, Class AT 16E should read AF 16A. Mr. Harris said that after looking at the current workload and trying to find ways to shorten timelines, the task force sees the need for 13 new positions. It currently takes 70 days after a set of plans has been dropped off in the Planning Department just to start looking at those plans. It then takes more days to review the plans. At this time, plans are being shipped to an outsourcer in San Diego who does the reviewing. Each department was asked to carefully evaluate what kind of staff was currently needed, and if the proposal is authorized, hiring would start immediately with 1999 costs figured in. The money for the new positions would be covered in the permit fees. Mr. Harris said it was important to look at the Mission Statement. If it can be implemented, the City would have an updated, modern, efficient permit system that would be predictable, fair, one customers would feel comfortable with, and one that would uphold the integrity of the health, safety, and general welfare of the City. Shortened timelines would allow permits to be issued across the counter and single family dwelling permits, which usually take a long time to issue, would be shortened significantly. The permit system is a multi-faceted program with lots of different departments and divisions involved. Staff can't be added in just one area or it would put the system out of kilter. Tim Clark moved that the Operations Committee recommend to the Council approval of additional staff positions for implementation of permit process improvements as proposed in the memorandum from Jim Harris included in the agenda packet, and to amend the 1999 Budget in the amount of$397,079 to include these positions which will be paid from permit fee revenue. The motion was seconded by Sandy Amodt and carried 3-0. Technical Staff additions Brent McFall said the City has been engaged for the last 18 months in a very aggressive information technology upgrade. As this has progressed, staffing needs have grown to meet the demands of the technology and staff of the different departments. Information Systems Director Marty Mulholland said that the Information Systems Department is the foundation layer for the other departments' success, and that requires operation positions as well as project positions to help keep the wheels rolling. Three primary factors support adding the new positions: 1.) The Department is behind schedule in accomplishing the business objectives of the Technology Plan, and 2.) There has been continued extended overtime in the Network division, and 3.) The PC count has exceeded 500 and there's funding approved to purchase additional PCs for the Police and Fire departments. There are funding sources available and the proposal is to use the unallocated business systems budget plus a portion of the database licensing budget for the new positions. Operations Committee Minutes, 6/15/99 3 Technology Plan funded positions include Senior Systems Analyst for Police, Web Project Coordinator, and Payroll Project Analyst. The total costs for 1999 and the year 2000 are S302,708.32. Operating Fund positions include Systems Group Manager, Senior Network Technician, PC Group Supervisor, and increased help at the Help Desk. The total 2-year costs for the operating positions are S329,853.87. A suite is available on the 4`h floor of the Centennial Center for additional office space and the plan is to relocate Client Services which includes the Help Desk, Training, and PC Technical Support. Costs for relocation and renovation of the space are estimated to be approximately S90,000, and rental fees for the space are $7,500 per year. Sandv Amodt moved to recommend revising the 1999 Operating budget and Technology Plan budgets to include technical staff positions and rental fees included in the June 29, 1999 memorandum to Brent McFall and to revise the Capital Facilities budget by $90,000 for furniture for Information Services staff. The motion was seconded by Tim Clark and carried 3-0. LID Bond Sales Finance Director May Miller said this is a combined LID taking two projects and combining them into one for administrative and debt issuance purposes. The first, LID 340, is for street construction on the 1961h Street corridor and is the largest. The second, LID 349, is for sewers on 223rd Street NE. Originally the amount was over$21,000,000 but because of prepayment the amount has been reduced to S13,221,661. Staff is working with Dain Rauscher, the City's LID bond underwriters. Tim Clark moved that the Operations Committee recommend to the Council approval of the ordinance for CLID bond sales of$13,221,661 and to authorize the Mayor to-sign the purchase contract with Dain Rauscher, the LID underwriter. The motion was seconded by Sandy Amodt and carried 3-0. TCI Franchise Agreements)—Update Network Manager Joe Lorenz said the project was so big it had been divided in half and Multi Media Manager Dea Drake was given the responsibility for the Subscriber Build Out as it relates to Cable TV. Network staff have been working with TCI on the City's initial seven franchise agreements build out and also on the additional sites that were added to the franchise agreement. The City's internal I-Net portion, the seven original sites, was completed approximately a week early. The fiber has been tested and staff is waiting for test results verification. Dea Drake said there were two other issues related to the amendment of the franchise agreement. One was a fiber build out to all the neighborhoods which, according to Dave Crook, TCI Regional Manager, was completed and the last nodes activated at 3:00AM, June 30, 1999. All the homes have been activated and have received the expanded lineup. This meets the 54 Channel requirement in the franchise agreement and the fiber optic build-out criteria. The only item left in that addendum was the Public Access Studio which, by Council amendment, TCI was given till September 1, 1999 to pursue a possible partnership with a university or college. Along with this change-over, Kent's Government Channel 28 will become Channel 21 at the end of July. Advertising and public relations work is being done with the citizens before that happens. There have been several citizen complaints forwarded to TCI and 3-H Cable Communications Consultants having to do with failure to notify residents when they are coming into the area. They Operations Committee Minutes, 6/15/99 4 were supposed to door-hang houses and give citizens the channel line-up. That does not appear to have happened. They were also supposed to mail out Channel Line-Up cards a couple of additional times and that has not happened. TCI was not aware of this and they are researching the issue. Also, there were a few complaints about messes left by TCI subcontractors and long periods of outages. Citizens who called TCI during that time period were given credit for outages. A phone number to call if citizens would like a Channel Line-Up card is 1-877-824-2288, TCI's customer service number. May Financial Report Finance Director May Mill said the General Fund revenues are close to budget and expenditures are 2.3% under budget. Property Tax collections through May are 0.9% over budget. Sales Taxes were under budget 3.8% in April but by June were only 1% under budget. Utility Taxes are over budget which is related primarily to increases in telephone usage. Building Permits are 33.6% over budget reflecting a strong economy for the year to date. Recreation Fees are 9% over budget. Fines and Forfeitures continue to exceed projections at 23.9% over budget. Based on May's results and the trend for other revenues, the General Fund should end the year with $2,056,086 more in the ending fund balance than was budgeted. The preliminary forecast indicates $572,921 less than needed to maintain the 10% contingency fund, however that is only about 1% of expenditures and it is expected that further improvements in revenues and/or cost controls will cover that amount. The Lodging Tax, which became effective on February 1, 1999, is starting to show receipts coming in. There is a two month lag in the actual receipt date, but it appears that the budgeted revenue will be met. Golf operating revenues are 17.1% under budget for the year to date. This is a slight improvement over the 18.9% that was under budget in April. The remainder of the.year would need to average 9.2% over budget each month to make up the revenues under budget thus far. Overall, the City is enjoying the benefits of an exceptionally strong economy and is well positioned to begin next year with adequate revenues to continue existing services. The meeting was adjourned at 4:38PM. Jackie Bicknell City Council Secretary PUBLIC WORKS/PLANNING COMMITTEE MINUTES June 21, 1999 COMMITTEE MEMBERS PRESENT: Chair Leona Orr(filling in for Tim Clark), Tom Brotherton, Rico Yingling STAFF PRESENT: Don Wickstrom, Jim Harris, Ed White, Katherin Johnson, Joe Mitchell, Tom Brubaker, Trevin Raak, Judy Bennett, Gary Gill, John Hillman, Paul Scott, Pat Fitzpatrick, Jackie Bicknell The meeting was called to order by Chair Leona Orr at 4:OOPM. There was one added item: Amendment to Sewer Comp Plan. Item number 4, Granting of Easement for World Comm was deleted from the agenda. Human Services Roundtable Membership Termination Katherin Johnson, Housing/Human Services Office Manager, presented a resolution to terminate membership in the Human Services Roundtable. The City of Seattle, King County, and United Way each hold two seats on the Roundtable giving them each two votes. Other member cities have one vote each. The Roundtable membership consists of elected officials representing their jurisdictions. Dues, calculated on population, are collected from Roundtable members. Kent's current fee is 510,060. Staff has raised concerns that Seattle and King County dominate the Roundtable and that the suburban cities are not receiving their money's worth or having their interests addressed. Other jurisdictions have indicated they may resign from the Roundtable due to the focus on Seattle. r At the 1999 Permanent Roundtable Staff Retreat, three areas were identified that would meet the needs of membership. There was consensus on legislative advocacy and strategies to improve cost- effective systems. There was not consensus on using a sub-regional approach to defining areas of need and then developing the work program around those areas. The staff representing the South County jurisdictions felt a sub-regional approach was critical to the Roundtable's future. Ms Johnson addressed several Pros and Cons for membership in the Roundtable. Pros were legislative advocacy for human services in Olympia, forums to discuss human services and to develop strategies to improve cost-effective systems, and opportunities to become aware of changes in the County's delivery of human services to the region. Cons were the King County/Seattle focus, lack of focus on sub-regional issues, withdrawal of other major South County jurisdictions, Seattle's attempts to dictate the work plan, lack of understanding of how jurisdictions operate, and few significant accomplishments in the last three years. Planning Director Jim Harris said Kent would like to see a South King County group formed. There is already a group called South King County Human Service Planners and the City would be involved in that group. Committee Member Tom Brotherton moved that the Public Works/Planning Committee recommend approval of the Human Services Roundtable Termination of Membership Resolution and to forward this recommendation to the full City Council at its July 6, 1999 meeting, authorizing the Mayor to sign the Resolution. The motion was seconded by Committee Member Rico Yingling and passed 3-0. Public Works/Planning Committee, 6/21/99 2 Neighborhood Traffic Control Program Joe Mitchell, Neighborhood Traffic Control Program Coordinator, said the City's current Neighborhood Traffic Control Program contains two elements, volume control of the traffic flow on roadways, and traffic speed controls. The state mandated Growth Management Act requires the City to have a Comprehensive Plan to address land use, transportation, and capital facilities. In the transportation element it requires adequate street capacity and that a specific set of standards be developed. Five policies of the City's Comprehensive Plan provide the framework for the Neighborhood Traffic Control Program: Policy TR-4.1, Policy TR-4.2, Policy TR-4.3, Policy TR- 4.4, and Policy TR-4.8. The GyIA requires local jurisdictions to include action plans for bringing existing transportation facilities into compliance with established Level-of-Service (LOS) standards and to provide for the expansion of transportation facilities to meet future needs. In areas where the Land Use Plan directs high levels of growth the LOS standard has to be higher. The Volume Control Program Criteria include design capacity and speed along with the number of lanes, road width, and parking. There are two volume control phase options that address traffic control devices and physical street alterations. Street or roadway classifications include Residential Streets, Residential Collectors, and Residential Collector Arterials. Phase 1 options look for a 60% LOS by using one-way streets, street signs, and police enforcement. If the problem is not rectified, Phase 2 options are initiated which include vertical curbs and gutters, forced-turn channelization, entry/exit chokers, diagonal diverters, and median barriers. The Speed Control Program Criteria uses the same street and roadway classifications as the Volume Control Program. Criteria is 85% of vehicles going 5MPH over the limit with a threshold speed of the top 15% of vehicles exceeding the 5MPH over the limit speed. Speed Control Phase 1 Options include radar, parking variants, neighborhood speed watches, pavement markings, rumble strips, and police enforcement. Speed Control Phase 2 Options incorporate physical barriers such as entry/exit chokers, narrow roadways, traffic circles, speed humps, raised crosswalks, and chicanes. The proposed neighborhood traffic control policy includes extensive citizen involvement with customer satisfaction surveys to assess neighborhood perceptions, problem identification based on traffic engineering field studies, volume control threshold criteria consistent with comprehensive transportation planning policy, speed control threshold criteria consistent with local police enforcement practices, and ongoing periodic evaluation. Tom Brotherton moved that the Public Works/Planning Committee recommend authorization to adopt an ordinance to establish the Neighborhood Traffic Control Program. The motion was seconded by Rico Yingling and carried 3-0. 272"d Corridor Interim Financina Public Works Director Don Wickstrom said interim funding is necessary to pay for work currently under contract on the 196`h Street Project because the formation of LID 351 was deferred to next year. When the LID is formed, the money would be reimbursed. Going ahead on the project speeds up the process by a year. No street fund monies were allocated for the project in the 1999 budget, as it was anticipated the LID funds would be available. To address a project cost increase and to minimize the cash flow requirements, a mid-year budget change is necessary. The proposal is to transfer monies from the street fund in 1999 to the project fund. The net total increase of street fund monies would be S2,717,750. Increased costs are attributed to added on and off ramps at 108`h Avenue, bond issuance/Guarantee Fund costs and Grant fund reduction. The amount of interim Public Works/Planning Committee, 6/21/99 3 financing requested to address the cash flow is approximately $5,200,000. This funds prior carry- over work and work moved ahead of schedule. Rico Yingling moved to recommend to the full Council the approval and the adoption of the budget changes and respective transfers along with the concurrence and the establishment of the interim financing thereto as reflected in the above memo. Tom Brotherton seconded the motion which carried 3-0. :amendment to Sewer Comp Plan Don`Vickstrom said King County asked for an amendment to the Sewer Comp Plan. He handed out a map of the Proposed Expansion South showing a stub to the sewer that the County had requested. Thera would'oe no negative impacts from the amendment. Tom Brotherton moved to amend the Sewer Comprehensive Plan for the proposed South Expansion per the Director of Public Works' recommendation. Rico Yingling seconded the motion which carried 3-0. The meeting was adjourned at 5:21PM. _ Jackie Bicknell City Council Secretary REPORTS FROM SPECIAL COMMITTEES CONTINUED COMMUNICATIONS A. r-