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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/17/2002 City of Kent City Council Meeting Agenda v aC KEN T W A S H I N G T O N Mayor Jim White Councilmembers Judy Woods, Council President Tim Clark Julie Peterson Connie Epperly Bruce White Leona Orr RicoYingling September 17, 2002 `, Office of the City Clerk NT SUMMARY AGENDA w°S"'"°'." KENT CITY COUNCIL MEETING September 17, 2002 Council Chambers 700pm MAYOR: Jim White COUNCILMEMBERS: Judy Woods, President Tim Clark Conine Epperly Leona Orr Julie Peterson Bruce White Rico Yingling r**�****+*****��*r*��**�**r�ra**s**:��:*rs**:�***s♦*r*�s**�r***�:*r+r�*r*r*ems**rs 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. Proclamation—Constitution Week B Proclamation—Geneva Obenchatn's 40`s Anniversary with the City 5 PUBLIC HEARINGS A 2003 Budget(First Hearing) B 2003 —2008 Capital Improvement Plan (First Hearing) C Temperance Street Vacation D. LID 353, S 228`h Street Corridor- Create 6 CONSENT CALENDAR A Minutes of Previous Meeting -Approve B Payment of Bills—Approve C East Hill Youth Sports Complex Budget Transfer—Approve and Amend Budget D Meadowbrook (aka Ludford Estates)Bill of Sale -Accept 7 OTHER BUSINESS A Secure Community Transition Facilities Zoning Code Amendment ZCA-2002-1 Ordinance - Adopt B Mobile Home Relocation Assistance Ordinance—Adopt C. 2002 King County Arts Commission Sustained Support Grant—Accept and Amend Budget 8 BIDS A S 1961h Street Corridor Landscaping Improvements -Award 0 (continued next page) SUMMARY AGENDA CONTINUED 9 REPORTS FROM STANDING COMMITTEES AND STAFF 10 REPORTS FROM SPECIAL COMMITTEES 11 CONTINUED COMMUNICATIONS 12 EXECUTIVE SESSION A Labor Negotiations B Property Acquisition 13 ADJOURNMENT NOTE A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library The Agenda Summary page is on the City of Kent web site at www ci.kent wa us 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 RECEIVED SEP 17 2002 Proclamation KENT CITY COUNCIL � r Whereas, on September 1, 1962, with a population of 9,300 citizens, the City of Kent hired Geneva Obenchain to be one of approximately a dozen employees, and Whereas, Geneva has since served the City in a variety of positions, including Radio/Telephone Operator for fire and Police (BEFORE 9111), traffic Violations Bureau Clerk, Court Clerk and Customer Service Representative, and Whereas, Geneva has served the citizens of Kent by working day and night shifts, dispatching emergency aid, resolving customer complaints, been on call for up to 24 hours at a time, registered everyting from pets to voters; and collected revenue for everything ranging from gun permits, amusement devices, utility bills and gambling taxes to business licenses, and Whereas, Geneva has been recognized for volunteer work with the American Cancer Walk and with a variety of awards such as Finance Department's Shining Star of the month and City of Kent Employee of the Month, and Whereas, Geneva is well known for her smile, positive attitude, being an exemplary employee, and for her dedicated service to the citizens of the city of Kent, NOW, THEREFORE, I, Jim White, Mayor of Kent, do hereby proclaim the day of September 2 7, 2002 as GENEVA OBENCHAIN DAY In the City of Kent, Washington, and I encourage all residents of Kent to join me in thanking Geneva for her 40 years of dedicated service to our citizens In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 25th day of September 2002 �ryy e J Wlute, Mayor .At_ ' CITY OF I(ENT RECEIVED SEP 17 2002 PROCLAMATION KENT CITY COUNCIL WHEREAS, the Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law, and WHEREAS, September 17, 2002 marks the two hundred fifteenth anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention, and WHEREAS, it is fitting and proper to accord official recognition to tlus magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate it; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution week, NOW THEREFORE I, Jim White, Mayor of the City of Kent, do hereby proclaim the week of September 17 through 23 as "CONSTITUTION WEEK " In the City of Kent, Washington and I call upon our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 17th day of September 2002 X, White,Mayor f y r. s x r' At � J CITY OF' I(E � T PUBLIC COMMUNICATIONS A) PROCLAMATION- CONSTITUTION WEEK B) PROCLAMATION-GENEVA OBECHAINS 40TH ANNIVERSARY WITH THE CITY Kent City Council Meeting Date September 17, 2002 Category Public Hearin es 1. SUBJECT: 2003 BUDGET (FIRST HEARING) 2. SUMMARY STATEMENT: This is the first public hearing on the 2003 budget. The second hearing is schedule for November 19, 2002 at the regular Council meeting. Public input is desired and welcome as the city begins to prepare for the 2003 budget. 3. EXHIBITS: None 4 RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES! 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: A. Councilmember moves,Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember seconds DISCUSSION. ACTION- Council Agenda Item No. 5A Kent City Council Meeting Date September 17, 2002 Category Public Hearings 1. SUBJECT: 2003 —2008 CAPITAL IMPROVEMENT PLAN (FIRST HEARING) 2. SUMMARY STATEMENT: This is the first public hearing on the 2003-2008 Capital Improvement Plan. The Capital Improvement Plan includes all capital expenditures for the next 6 years as described in the Comprehensive Plan and is updated annually. Public input is encouraged as the city plans for future capital facilities and infrastructure improvements. The second public hearing is scheduled for November 19. 3. EXHIBITS• None 4. RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember seconds DISCUSSION ACTION: Council Agenda Item No. 5B • Kent City Council Meeting Date September 17, 2002 Category Public Hearings 1. SUBJECT: TEMPERANCE STREET VACATION 2. SUMMARY STATEMENT: Resolution No. 1625 established September 17, 2002, as the public hearing date for the application by Don Wickstrom, Kent Public Works Director, to vacate a portion of Temperance Street, between 4d' and 2"d Avenues North. A staff report recommending approval is included in the Council's packet. 3. EXHIBITS: Staff report dated September 10, 2002 and map. 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: A Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember seconds DISCUSSION: ACTION: To approve/disapprove/modify the staff s recommendation of approval of the application to vacate a portion of Temperance Street, as referenced in Resolution No. 1625, and to direct the City Attorney to prepare the necessary ordinance. Council Agenda Item No. 5C COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director • PLANNING SERVICES KENT Charlene Anderson,AICP,Manager wAswI„oro" Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 September 10,2002 TO MAYOR JIM WHITE, COUNCIL PRESIDENT JUDY WOODS AND CITY COUNCIL MEMBERS FROM CHARLENE ANDERSON, AICP, PLANNING MANAGER RE REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE A PORTION OF TEMPERANCE STREET,BETWEEN 4T11&2ND AVENUES NORTH #STV-2002-4(KIVA#2022384) Hearing Date September 17, 2002 Recommendation APPROVAL WITHOUT CONDITIONS I Name of Applicant Don Wickstrom, Public Works Director City of Kent 220—4'h Avenue South Kent, WA 98032 Il Reason for Requesting Street Vacation The applicant requests the vacation in order to facilitate development of the site III Background The applicant proposes to vacate a portion of Temperance Street, an unopened City street right of way, no utilities exist therein IV Staff Recommendation Staff notified the following departments and agencies of this proposed street vacation Public Works Department, Police, Parks, Recreation and Community Services, Fire and Life Safety, Puget Sound Energy, Qwest, Department of Transportation, and METRO Transit Division After a review of the comments received, the Planning Services Office recommends that the request to vacate a portion of Temperance Street located between 4'h and 2"d Avenues North and as shown on the accompanying map,be APPROVED WITHOUT CONDITIONS CA S 1PermiNPlan%vacahons\2002\2022384-20024 doc Enclosure—Map cc Jerry McCaughan,Propert}Manager = �t 1a t W� c Q 8 I U nl E i I I i k iS1r I I � 11K3 1131635 NYL 01— — .027" 3.oc x.vas _I ^ ' t .R <>! x a ' 8 BI I t sac �• �t � . bK� I I k h .C21 z i I In i .LC Kf 3.p(gL,yys ALVE ,7 M306 ,i i I &s ti •�� '�y / If �1 0$ e �t R =1 In W 4 � illy yyf n � t Ll.� �� •Y 8 , I z ftlzz-7 .OD pp[Ir 00x1[-y ACC ! __ '- AI K ►' .�+oS ` 3� al A.oc a.wN n-acsArm .� ► r oX =1 y� r3 1 _= _— _n .fIL[ —_7_ 3.O L.fGWL � e A1LL _ W ILL t �� 1 R Ng All I a -f f fYL ►yl,KipM u ti I I J I n $ WHO 06, sty Q a�8 .rL lif 1%, oe°l'- W n Yy iR � LC EXHIBIT "A$ I Page 2 of — — z L_ w✓a lsoo_r AITL NAI,K.YYN 1S HIMS Kent City Council Meeting Date September 17, 2002 Category Public Hearings 1. SUBJECT: LID 353, S. 228TH STREET CORRIDOR 2. SUMMARY STATEMENT: This date has been set for the public hearing on the formation of LID 353. The Public Works Department will be making a presentation. 3. EXHIBITS: Public Works Director Memorandum 4. RECOMMENDED BY: Council 8/20/02 (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: S SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B Councilmember moves, Councilmember seconds DISCUSSION- ACTION • Council Agenda Item No. 5D PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 K EN T Fax 253-856-6500 W ASXIMGT OX Address 220 Fourth Avenue S Kent,WA 98032-5895 Date September 17, 2002 To Mayor and City Council From Don`W Ali cstrom,Public Works Director Regarding LID 353 S 2281h Street Extension (54th Avenue S to Kent-Des Moines Road [SR-516]) September 17, 2002 has been set for the formation hearing for the above referenced LID project The City is proposing the formation of the Local Improvement District (LID) to partially fund the project. The project is listed in the City's Six-Year Transportation Improvement Program During the last several years, the City has budgeted funds for the proposed project A LID is necessary to complete the project funding and to address special benefits from the improvements to the local properties within the project area. An information packet was mailed to all affected property owners and a property owner meeting was held on July 25`h As the Environmental Mitigation Agreements which commit properties within this area to participate in this project are expiring, the Environmental Impact Statement for this project is complete, and the fact that the formation of the LID is a critical action with respect to the potential success of securing grant funding, now is the appropriate time to proceed with forming this LID BACKGROUND For over 15 years, regional plans have identified South 2281h Street as a major arterial route in the center of the Kent valley Construction of the South 2281h Street Extension will connect the South 2281h Street Corridor with I-5 and provide a much needed east-west access route from East Valley Highway to Military Road and I-5 Presently, the lack of an adequate east-west arterial system results in severe traffic congestion during peak hours The only current access to 1-5 from this area is by Meeker Street and SR-516 The City completed the EIS for the proposed project last summer The City Council approved the EIS during December 2001 and directed the City staff to proceed with the project On June 13, 2002, Engineering staff met with some of the property owners from The Lakes development regarding the need for a noise wall The residents just east of the Green River on the south side of S 228`h Street expressed concern regarding noise increases from the increased traffic flow on the proposed roadway On July 16, 2002, the Council directed staff to include a noise wall in the project design The City has been working to obtain grant funds to pay a share of the project costs. A portion of the project cost will be paid with property assessments financed by formation of Local Improvement District #353 The grant funds are contingent on a local match, so the City must begin the LID formation process for the new corridor as soon as possible The Public Works Department held an informal meeting with property owners in the LID Boundary on July 25, 2002. The Resolution of Intent was approved by City Council on August 20, 2002 which set the public hearing for September 17, 2002 The project is expected to be constructed over a 3-year period between 2004 and 2006 Topographic survey of project location, project design, nght-of-way and permit acquisitions are underway. The estimated completion date is December 2006 PROPERTY OWNER MEETING Staff conducted a public meeting for the property owners within the boundaries of LID 353 on July 25, 2002 between the hours of 3 00 PM to 7 00 PM The meeting was held at this time to allow business owners, as well as residential property owners time to come in to discuss the LID and the preliminary estimate of their assessments at a time conducive to their schedules Approximately 100 people attended the meeting during this time period The majority of attendees were condominium owners within The Lakes area and adjoining condominium complexes Public Works staff, as well as the appraiser/consultant were present to answer property owner's questions regarding how their individual assessments were derived, as well as general questions on the LID process itself Most of the questions centered around the LID process, although a few individuals questioned the need for the project A number of individuals were frustrated over the lack of notification from their seller when they bought the property, and their lack of understanding of the Title Report information Public Works staff will follow-up on additional comments or questions received and will continue to maintain a liaison with the property owners during the LID process PROPOSED S. 228'" STREET EXTENSION The proposed LID will construct the South 228th Street Extension with a bridge over the Green River, from 54th Avenue South to Military Road, and additional improvements to Military Road to accommodate the new roadway The new roadway will be 5 lanes with turning lanes at major intersections Sidewalks will be placed along both sides of the roadway with street lighting and street trees where practical Storm drainage will be constructed as necessary 42nd Avenue South will be constructed from its existing terminus in the Riverview Community to South 228th Street PROPOSED SANITARY SEWER EXTENSION The proposed LID will also include a sanitary sewer in the S 228th Street extension west of 42nd Avenue South to serve properties on the west hill PROPOSED 76TH AVENUE SOUT11/4TH AVENUE NORTH IMPROVEMENTS The proposed LID will also include sidewalks and street lighting on 76`' Avenue South /4`h Avenue North between S 2201h Street and SR 167 along properties that currently do not have these improvements PROPOSED IMPROVEMENTS The project includes the following improvements on S 228ih Street and Military Road 1 Construct a new 5-lane,minor arterial street between 50 Avenue S and SR-516 (via Military Road) which includes a bridge over the Green River. 2 Improve Military Road to 5-lanes from the new intersection with 228`' to SR-516 3 Concrete curbs, gutter and sidewalks or paved shoulders 4 Installation of a noise wall along The Lakes 5 New traffic signal at Military Road/SR-516 6 Storm drainage 7 Upgrades to the existing illumination system 8 Sidewalks and street lighting in areas where none exist between 54`h Avenue S and the BNSF RR 9 Wetland mitigation 10 New eastbound to northbound left-tum at 72°a Avenue South 11 Various frontage improvements to complete minor arterial section 12 Sanitary sewer near Military Road The following improvements will be included on 76`h Avenue South/0 Avenue North 1 Sidewalks in areas where none exist in the vicinity of S 228`h Street 2 Street illumination system in areas where none exist in the vicinity of S 2281h Street PROJECT FUNDING It is proposed that the project be funded 43 88 % by LID 353 The current cost estimate is as follows Total Project Cost $29,000,000 Funding City/Grant Funds $15,299,975 LID Funds $12,725,499 Other S974,526 Total $29,000,000 LID share of project cost $12,725,499 • LID financing and guarantee fund $1,413,944 LID Total $14,139,443 METHOD OF ASSESSMENT The total LID assessment of$14,139,443 is distributed to each benefiting property owner within the LID boundary based on the following method Several factors are used in arriving at each parcel's proportionate share of the total assessment based on a special benefits study The City hired an appraisal firm to prepare the special benefits analysis A special benefits study is an analysis that measures directly the special benefits, or the increase in value, experienced by various parcels as a result of a public improvement project The market values of properties "before" and "after" the LID project is completed are determined, and the difference is the special benefits Special benefits are a specific, measurable increase in value of properties in excess of any enhancement to the general area, which benefits the public at large, i e. general benefits. Location, access, road improvements, utilities, zoning, physical characteristics, including existing improvements, and development potential of each property are considered Market values before and after the LID project are analyzed on the basis of land sales, improved property sales, and rent studies The highest and best use of each property is determined as part of the valuations Highest and best use of a property is the use that results in the highest current value The analysis considers reasonably probable and legal uses, physically possible, and financially feasible uses The values of a property "as if vacant land" and "as improved" are part of the highest and best use analysis A weighing factor is used to proportion the assessments for various levels of improvements needed throughout the project area to meet City roadway standards adjacent to each property The costs for sanitary sewer service will be charged totally against the benefiting property in addition to the special benefits from the South 228`h Street extension The City is assessing only a portion of the total special benefits The actual assessments are based on 46 09% of the total special benefits Final assessments are based upon the total project costs This means that the final assessment figure may be either higher or lower than the figures shown on the preliminary assessment roll FORMATION OF THE LID To defeat a LID proposal, there must be protest from property owners representing 60 percent or more of the proposed LID assessments The 60 percent protest amount is $8,483,666 Should the protests received tally less than this amount, it will then be a Council decision whether or not to proceed with the formation ordinance for LID 353 The City has determined that owners with a combined 60.32% of the total LID assessments are at this time obligated to participate in this street improvement LID via executed Environmental Mitigation Agreements The final decision of whether or not to form the LID, however, will be made by the City Council PAYMENT OF ASSESSMENT The LID will provide for financing and payment of property assessments over a fifteen-year penod_ Upon Council passing the ordinance confirming the final assessment roll, there is a 30-day period in which any portion or all of the assessment can be paid without interest charges The Public Works Department does not at this time anticipate heanngs on a final assessment role until early 2004, with bonds to be sold later that year Under such a schedule the payment on the first installment on the assessments would not be due until 2005 Assessments are usually paid in yearly installments (1/15 of the principal plus interest on the unpaid balance) or the assessment can be paid in full with one payment The market determines the interest rate at the time the LID bonds are sold to the public EASEMENT AND RIGHT-OF-WAY ACQUISITION The construction of the project will require property acquisition in some locations to provide the nght-of-way and easements for the road widening. Each property involved will be appraised followed by negotiation between the City and owner Final settlement can be a direct payment or can be a credit toward the assessment thereby reducing the amount of yearly payments Should the nght-of-way payment exceed the LID assessment, the owner could receive both an assessment credit and payment for the balance „I f:9 sa I E m 9 an m 9 6` e 53�6T �o I'1088Tm ,ate se ( I a xa]eyI” • - � I eno;ex' I e 3 ` SbxeS M. I I I $n 8a1a 8T - eaxan __Ll S•' ' ___ lLd1�1L�� f'R fLI .D. 313 Boundafy - m � ,x 4iiiw•'l�'i�y�— �'� :LJ �1 n]vc�T� -T- - I', `, i'P '{ �1�. — __ IF s a 42nd.Ave — r7 ���� �Fr`pritage s on t ,^ B ten i „11Improvements_ .( Others _ `Frotage '� }, —i ,- -- - n ' G 1 Center I' % linprovemerits� T�+ t.Extensiori! � -y,I. I�- - {Turn Lane., S. 28 J 2th $ nn7it0 Rd: � ICI I�,��;] yp.,@ot;���p „-<'� ' y r I•r a Widening I•a sue, m "'AI � k` � !�III AT a'�_ R y�oM1 `ga9],e 619,ZR. T'�Y I ffi -+ ^ �`rvy �� + •,1 �^. RRµ' � • k 6]13 @L �f I jIrI -, 5 + N x9 L I � 66 CT++ �® -� �¢ t1r/�� ml +�9pg9T % L.I.D. 353 " S. 228th. Street Extension We 54th. Ave. S. To Kent DesMoines Rd L. I . D. Boundary Map f�• Scale' �-IS= z000' KENT Last Update July 23,2002 • CONSENT CALENDAR 6 City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through D. Discussion Action 6A. Approval of Minutes Approval of the minutes of the regular Council meeting of September 3, 2002. 6B. Approval of Bills. Approval of payment of the bills received through August 30, 2002 and paid on August 30, 2002 after auditing by the Operations Committee on September 3, 2002. Approval of checks issued for vouchers: Date Check Numbers Amount 08/30/02 Wire Transfers 1245 1255 $1,075,462.62 08/30/02 PREPAYS 537865 $1,354,493.88 08/30/02 & REGULAR 538429 $2,368,140.59 $4,798,097 09 Council Agenda Item No. 6 A-B • KE N T Kent, Washington YYASXINOTON September 3, 2002 The regular meeting of the Kent City Council was called to order at 7 : 00 p m. by Mayor White . Councilmembers present : Clark, Epperly, Orr, Peterson, White, Woods, and Yingling. Others present : Chief Administrative Officer Martin, City Attorney Brubaker, Public Works Director Wickstrom, Community Development Director Satterstrom, Finance Director Miller, Police Chief Crawford and Parks, Recreation and Community Director Hodgson. Approximately 25 people were in attendance . (CFN-198) CHANGES TO THE AGENDA There were no changes to the agenda from the Council, Administration or staff. Continued Communications Items 11A and 11B were added at the request of audience members . PUBLIC COMMUNICATIONS Introduction of Exchange Students to China. Brandon Smith, a junior at Kentlake High School and Cho Kim, a graduate of Kent Meridian High School told of their experiences in China and thanked the Mayor and Council for this exchange program. (CFN-198) Employee of the Month. Mayor White announced that Tammy White, Paralegal, has been selected as Employee of the Month for September. He noted that she is a committed and loyal employee who takes her work seriously in a caring way. He pointed out that she is knowledgeable in the areas of contracts, records management and legal issues, and is held in high esteem by her colleagues . City Attorney Brubaker said Ms . White is an incredible asset to the department and a dream employee. He added that the key to her success is hard work. (CFN-197) Introduction of Appointee. Mayor White introduced Debbie Ranniger, his appointee to the Drinking Driver Task Force. (CFN-122) CONSENT CALENDAR WOODS MOVED to approve Consent Calendar Items A through K. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) (CFN-198) Approval of Minutes. Approval of the minutes of the regular Council meeting of August 20, 2002 . 1 Kent City Council Minutes September 3 , 2002 STREET VACATION (PUBLIC HEARING - ITEM 5A) (CFN-102) Smith and Thompson Streets. Resolution No. 1622 established August 20, 2002, as the date for the public hearing on the application by Still Manor Kent, LLC, to vacate a portion of Smith Street and Thompson Avenue. The hearing was continued to this date Charlene Anderson, Planning Manager, explained the project and the recommended conditions, including a change to Condition No 1 . She added that the applicant is proposing to use properties north and south of Smith Street in the current development proposal, and that she is not aware of any property which would lose access . Mayor White opened the public hearing Emil Marek, Project Architect , Stricker Cato Murphy Architects, distributed copies of the proposed project , New Horizons Retirement Living facility, and said every effort is being made to bring a quality design and architecture to Kent He assured the Council that all City requirements will be met to their satisfaction. John Still, 33205 30th SW, Federal Way, explained that they have worked with City staff and have come up with a workable solu- tion He noted that access on Washington Avenue is the only significant issue yet to resolve. Ted Kogita, 25227 Reith Road, asked whether the contractor can work with the residents of the mobile home park. Granville Brinkman, presented information on the health care and lending institution industries in today' s environment, and asked for support from the City in keeping seniors here . There were no further comments and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. ORR MOVED to approve the staff ' s recommendation of approval of the application to vacate a portion of Smith Street and Thompson Avenue, as referenced in Resolution No . 1622 , and to direct the City Attorney to prepare the necessary ordinance upon timely compliance with the conditions of approval , as these conditions were amended this evening. Woods seconded. Clark voiced concern about traffic impacts . The motion then carried with Clark opposed. 2 Kent City Council Minutes September 3, 2002 POLICE (CONSENT CALENDAR - ITEM 6C) (CFN-122) Washington State Liquor Control Board "Reduce Under Age Drinking" Grant Revision. Acceptance of an additional $8 , 300 . 00 per Contract Amendment No 1 to the WSLCB Agency Contract No. 03-060-0025, and authorization to amend the budget . The additional funds have been authorized for use in the current RUAD (Reduce Underage Drinking) grant . The funds will be used to buy RUAD advertising messages in local movie theaters . (CONSENT CALENDAR - ITEM 6K) (CFN-122) Drinking Driver Task Force Appointee. Confirmation of the Mayor' s appointment of Deborah Ranniger, Ph D to serve as a member of the Kent Drinking Driver Task Force. Ms . Ranniger will replace Ben Dillard and her term will continue until 11112006 . PLANNING (CONSENT CALENDAR - ITEM 6D) (CFN-961) King County Countywide Planning Policy Amendments . Passage of Resolution No . 1627 which ratifies the King County Countywide Planning Policy Amendments, as recommended by the Planning Committee of August 20, 2002 . PUBLIC WORKS (CONSENT CALENDAR - ITEM 6F) (CFN-171) Washington State Department of Transportation Agreement, SR 167/S . 277th Northbound On and Off Ramps. Authorization for the Mayor to sign the State/City agreement which reimburses the State for work performed on the SR 167/S 277th St . northbound on and off ramps in conjunction with the 277th Street project (Auburn Way N. to SR 167) , as recommended by the Public Works Committee . (CONSENT CALENDAR - ITEM 6H) (CFN-1241) LID 354, Washington Avenue High Occupancy Vehicle Lanes and Meeker Street Widening Improvements (Hawley Rd. to James St, and 64th Ave. to Washington Ave. ) . Set the Public Hearing for October 1st on the confirmation of the Final Assessment Roll for L. I .D. 354 - Washington Avenue HOV Lanes and Meeker Street Widening Improvements (Hawley Rd. to James St . and 64th Ave . to Washington Ave . ) , as recommended by the Public Works Committee. 3 Kent City Council Minutes September 3 , 2002 PUBLIC WORKS (CONSENT CALENDAR - ITEM 6J) (CFN-1038) Department of Ecology Washington Conservation Corps Sponsor Grant Agreement. Authorization for the Mayor to sign the Washington Conservation Corps grant agreement in the amount of $65, 000 which provides labor for upcoming projects in the Environmental Engineering Section, as recommended by the Public Works Committee, and to direct staff to accept the grant and establish a budget for the funds to be spent within said projects . SEWER (CONSENT CALENDAR - ITEM 6G) (CFN-1195) LID 352, S . Kent Storm Sewers (1st, 3rd and 5th Avenues South, North of S. 259th Street) . Set the Public Hearing for October 15th on the confirmation of the Final Assessment Roll for L. I .D. 352 - 1st, 3rd & 5th Ave . S , north of 259th St . , as recommended by the Public Works Committee . (CONSENT CALENDAR - ITEM 6I) (CFN-178) Mill Creek Relief System Agreement Amendment. Authorization for the Mayor to sign the Amendment to the Mill Creek Relief System Agreement, which allows for continued construction of the 54" sewer pipe adjacent to the 277th Auburn road project near the BNSF railroad and adjacent property, as recommended by the Public Works Committee (OTHER BUSINESS - ITEM 7A) (CFN-1038) Circle K Emergency Sanitary Sewer Repairs . The Mayor was recently authorized to award a bid for repair to the Circle K sanitary sewer line. Only one bid was received and it considerably exceeded the engineer' s estimate . The City subsequently rejected the bid. Since the time of the bid opening the situation has worsened. The sewer pipe is partially crushed and City crews are forced to pump sewage four times a day to prevent complete failure. Failure of the system would likely result in material loss and damage to property and create an unhealthy and unsanitary condition if immediate action is not taken. Gary Gill , as Acting Public Works Director, after con- sultation with the City Attorney, issued a finding that an emergency existed and negotiated a contract for these emergency repairs . CLARK MOVED to ratify the finding 4 Kent City Council Minutes September 3, 2002 i SEWER of an emergency at Circle K and subsequent contract award for the sanitary sewer repairs in that area Orr seconded and the motion carried. PARKS, RECREATION AND COMMUNITY SERVICES (BIDS - ITEM 8A) (CFN-118) Riverbend Driving Range Pole Replacement. On August 22 , two bids were received for the Riverbend Driving Range Pole and Protective Netting Replacement Project . The low bidder was Driving Ranges , Inc. of Sammamish, WA at $175, 117 . 80 for the base bid. The Engineer' s estimate was $225, 000 . 00 . The Parks Director recommends awarding the contract to Driving Ranges, Inc . for the base bid of $175 , 117 80 , plus Washington State Sales Tax. WOODS SO MOVED, Epperly seconded and the motion carried. Upon a suggestion from Ted Kogita to use the poles form the golf park which is being demolished, Hodgson explained that an engineer looked at the poles and determined that the cost to take them down and relocate them would be higher than the cost of new ones . FINANCE (CONSENT CALENDAR - ITEM 6E) (CFN-186) 2002 First Half Budget Adjustments Ordinance. Adoption of the gross budget adjustment Ordinance No. 3613 totaling $29, 901, 093 for budget adjustments made between January 1, 2002 and July 31, 2002 , as recommended by the Operations Committee at their August 20, 2002 meeting. This ordinance consolidates individual budget items into one adjusting ordinance. (CONSENT CALENDAR - ITEM 6B) (CFN-198) Approval of Bills . Approval of payment of the bills received through August 15 and paid on August 15 after auditing by the Operations Committee on August 21, 2002 . Approval of checks issued for vouchers : Date Check Numbers Amount 8/15/02 Wire Transfers 1236-1244 $ 999, 664 .33 8/15/02 Prepays & 537212 348, 266 90 . 8/15/02 Regular 537864 $2 , 214, 114.30 $3 , 562 , 045 53 5 Kent City Council Minutes September 3 , 2002 FINANCE Approval of checks issued for payroll for August 1 through August 15 and paid on August 20, 2002 : Date Check Numbers Amount 8/20/02 Checks 262572-262922 $ 327, 944 . 10 8/20/02 Advices 133188-13408 $1 , 324, 018 .26 $1, 651, 962 . 36 REPORTS Council President. Woods reminded Councilmembers that the Suburban Cities Association will meet in Kent on September 18th. (CFN-198) Planning Committee. Orr noted that the next meeting will be held at 3 : 00 p.m. on September 17 . (CFN-198) Parks Conmiittee. Woods noted that the next meeting will be held at 2 : 00 p.m. on September 10 . (CFN-198) Administrative Reports. Martin noted that there are two items for Executive Session, both of which may require Council action. (CFN-198) CONTINUED COMMUNICATIONS Kent Station. Bob O 'Brien, 1131 Seattle Street, noted that he has not received a copy he requested of a contract with Langly regarding waiving of mitigation fees . Martin said the Memo of Understanding is available, and said that he has no knowledge of waiving any fees . (CFN-198) Mobile Home Park. Ted Kogita, 25227 Reith Road, voiced concern that the City is not financially helping people who must leave their mobile home park. Yingling noted that the City' s Human Service Department is working diligently with that group. (CFN-198) EXECUTIVE SESSION The meeting recessed to Executive Session at 7 :40 p.m. and reconvened at 8 : 12 p.m. (CFN-198) 6 Kent City Council Minutes September 3 , 2002 PENDING LITIGATION 256th Street Widening. CLARK MOVED to give the Mayor authorization to settle the claim submitted by Scarsella Brothers regarding the 256th street widening project for an amount not to exceed $450, 000 , subject to the final approval of terms and conditions by the City Attorney. Woods seconded and the motion carried. 196th Street Bridge. CLARK MOVED to authorize the Mayor to enter into a settlement agreement with Harding Lawson Associates regarding the 196th Street Bridge project in an amount not to exceed $70 , 000 regarding the pending lawsuit among Frontier Kemper, Harding Lawson Associates, and the City, subject to final approval of terms and conditions by the City Attorney, Woods seconded and the motion carried. (CFN-198) ADJOURNMENT At 8 : 14 p.m. , WOODS MOVED to adjourn. Orr seconded and the motion carried. (CFN-198) Brenda Jacober, CMC City Clerk 7 Kent City Council Meeting Date September 17, 2002 Category Consent Calendar 1. SUBJECT: EAST HILL YOUTH SPORTS COMPLEX BUDGET TRANSFER—APPROVE AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Parks Committee, authorize approval to transfer $50,000.00 from the Youth/Teen Capital account and amend the East Hill Youth Sports Complex budget to purchase athletic equipment. Staff applied for a $50,000.00 Youth Sports Facility grant from King County in 2001, but it was not awarded. In 2002 staff resubmitted, but funds were not available. The grant funds were requested for soccer goals,bases,bleachers, speakers and other equipment for the East Hill Youth Sports Complex. 3. EXHIBITS• None 4. RECOMMENDED BY: Staff, Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED:_ $50,000.00 SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C Kent City Council Meeting Date September 17, 2002 Category Consent Calendar 1. SUBJECT: Meadowbrook(aka Ludford Estates) Bill of Sale - Accept 2. SUMMARY STATEMENT: As recommended by the Public Works Director, authorization to accept the Bill of Sale for Meadowbrook submitted by Pacific Crest Enterprises for continuous operation and maintenance of 237 feet of watermain, 608 feet of sanitary sewers, 199 feet of street improvements and 373 feet of storm sewers. Bonds are to be released after the maintenance period. This project is located at 255d, and 122nd Place SE. 3. EXHIBITS: Map 4. RECOMMENDED BY: Public Works Director ® (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION. • ACTION: Council Agenda Item No. 6D SE 223R0 ST / a / _ z N / / • / / /1.'/ 5./ s T N SE 40 ST / /07,77/Ui/ N (n a V) SE '44 ST CLARK F = LK v a F- rn SE 48TH ST w PROJEC S 2N ST o -LOCATION w 0 z N T S SE 2 TH S � Rio kFN� i 4- SF i /J SE 264TH ST o / N O " / w o \ / VIco w a Rim / R1` n m E m MEADOWBROOK AKA LUDFORD ESTATES n 3 0 c� Kent City Council Meeting Date September 17, 2002 Category Other Business 1. SUBJECT: SECURE COMMUNITY TRANSITION FACILITIES ZONING CODE AMENDMENT ZCA-2002-1 2. SUMMARY STATEMENT: In 2002, the State Legislature passed a bill that requires cities to provide for siting of Secure Community Transition Facilities by September 1, 2002. If the City takes not action to provide sites for these facilities,the legislation provides DSHS the right to preempt the City's existing land use code and, if it so elects, site the facility in any appropriate location in Kent. Staff prepared an Ordinance that amends Title 15 of the Kent City Code in order to comply with EESB 6594. On July 22, 2002, the Land Use & Planning Board recommended no change to existing Kent City Code regulations relating to the siting of SCTF. The Public Safety Committee considered the issue at their September 16, 2002, meeting and their recommendation will be brought forward tonight. 3. EXHIBITS: Ordinance 4 RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds To approve/disaprove/modify the Land Use & Planning Board's recommendation of "no change" to Kent City Code for Secure Community Transition Facilities (and to approve Ordinance No. . DISCUSSION: ACTION Council Agenda Item No 7A COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director • PLANNING SERVICES • KENT Charlene Anderson,AICP, Manager WASHINGTON Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 September 9, 2002 TO MAYOR JIM WHITE, COUNCIL PRESIDENT JUDY WOODS AND CITY COUNCIL MEMBERS FROM CHARLENE ANDERSON, AICP, PLANNING MANAGER RE SECURE COMMUNITY TRANSITION FACILITIES Meeting Date September 17, 2002 At their July 22"d public hearing, the Land Use & Planning Board voted 5 1 to forward a "No Change" recommendation to the City Council regarding Secure Community Transition Facilities (SCTF) At the August 20d' City Council workshop, staff brought forward the Land Use & Planning Board recommendation for discussion The issue returned to the Public Safety Committee on September 16's in anticipation of a decision by the full Council on September 17d' Staff will bring forward to the full Council the Committee's recommendation • Land Use & Planning Board Recommendation: No Change Under this option Secure Community Transition Facilities would be classified Class III Group Homes, allowed via Conditional Use Permit in the O, Professional and Office, zoning district and in all commercial zoning districts (NCC, CC, DC, DICE, CM-1, CM-2, GC) except GWC, Gateway Commercial There is a separation requirement or buffer from other Class H or Class III Group Homes and from sensitive land uses Class III Group Homes also must be separated from residential areas Issues: 1) Limited number of potential locations—could be determined to "preclude"' the siting of SCTF 2) Separation requirement/buffer more restrictive than state law—could be considered void 3) Loss of local control over location,procedural requirements, and appeal process if State preempts the City's regulations because it is determined that the City has precluded SCTF Staff Recommendation: Restricted zoning &Minor Change—Text Amendment Under this combined option, the siting of Secure Community Transition Facilities would be limited to the GWC, Gateway Commercial, zoning district (see enclosed aerial) Text changes would include references to state siting and permitting requirements, definitions of Secure Community Transition Facilities, Less Restrictive Alternative, and Equitable Distribution, limitation of Class III Group Homes to 18 residents/staff, listing of SCTF as a Class III Group Home, restriction of SCTF to GWC zoning district only, and consideration of equitable distribution in the analysis for approval of SCTF Conditional Use Permits 'According to June 20,2002 DSHS correspondence to elected officials, "'Preclude' is defined as `render impossible or impracticable ' Impracticable means `not practicable, i e, incapable of being performed or accomplished by the • means employed or at command 'Port of Seattle v City of Des Moines, CPSGMHB Case No 97-3-0014, Final Decision and Order(August 13, 1997), at 8 For example, the Central Puget Sound Growth Management Hearings Board determined that a City of Tacoma ordinance that limited the location of new work release facilities to fhe City's Heavy Industrial District(M-3)where the availability of non-developed,non-contaminated sites is problematic, effectively precluded the siting of new work release facilities in the City Department of Corrections v City of Tacoma, CPSGMHB Case No 00-3-0007, Final Decision and Order(November 20, 2000), at 7 " Public Safety Committee Meeting September 16, 2002 • Page 2 of The GWC zoning district currently has S vacant properties, 5 of which are outside a 600-foot buffer from a Mobile Home Park and/or Apartment complex The sites range from 0 6 acres to 145 acres Issues: 1) Might appear to facilitate location of SCTF in Kent by expanding number of available sites 2) Maintains local control over location, number of residents and process Process State preemption: • After October 1, 2002, DSHS may preempt and supersede local regulations as necessary to site secure community transition facilities within any city that the department determines has not met the requirements of RCW 36 70A 200 The department's determination is final and not subject to appeal • DSHS shall consider policy guidelines of RCW 7109 275 and 290 and hold the public hearing(s) required in RCW 7109 315 • The City may propose and DSHS may add requirements to enhance public safety • If the City and DSHS cannot agree on proposed safety measures, the City may petition the governor who through a designee with law enforcement expertise will hear the petition and make a determination The determination will be final and does not affect the preemption or authority to site the SCTF City of Kent process: • City determines proper zoning district and appropriate land use action • Pre-application meeting • SEPA checklist and application for Conditional Use Permit • Public Hearing before Kent Hearing Examiner • Reconsideration available before the Kent Hearing Examiner • Appeal to Superior Court Please reference the attached draft ordinance that includes possible code amendments CA\S\Permit\Plan\ZONECODEAMEND\2002\SCTFcco917 doc Eric 4 maps showing risk potential locations with 1,000 and 500 foot buffers Aerial of GWC zoning district Environmental DNS,Decision Document&Checklist Draft Ordinance • 40 KENT CITY OF KENT w. „,„ '. DETERMINATION OF NONSIGNIFICANCE Environmental Checklist No #ENV-2002-37 Project CITY OF KENT SECURE COMMUNITY KIVA #2022279 TRANSITION FACILITY CODE AMENDMENT Description The proposed code amendment addresses the siting criteria for secure community transition facilities (SCTF) within the City of Kent. A SCTF will provide residences for sexual offenders This amendment Is In response to Senate Bill ESSB 6594 enacted March 2002 and ESSB 6151 enacted June 2001, that requires cities to plan for the siting of secure community transition facilities by September 1, 2002. Applicant CITY OF KENT PLANNING SERVICES 220 4 AVENUE S KENT, WA 98032 Lead Agency City of Kent The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment An environmental impact statement(EIS)is not required under RCW 43 21 C 030(2)(c) This decision was made after review of a completed environmental checklist and other information on file with the lead agency This information is available to the public on request •_ There is no comment period for this DNS. X This DNS is issued under 197-11-340(2) The lead agency will not act on this proposal for 28 days from the date of this decision, this includes a 14-day comment period followed by a 14-day appeal period as provided by WAC 197 11 680 Comments must be submitted by August 20, 2002 Responsible Official Kim Marousek, AICP Position/Title Senior Planner/SEPA OFFICIAL Address 220 S Fourth Aven a ent WA 98032 Te ephone (253) 856-5454 Dated August 6. 2002 Signa APPEAL PROCESS AN APPEAL OF A DETE INATION OF NONSIGNIFICANCE (DNS) MUST BE MADE TO THE KENT HEARING EXAMINER WITHIN F04 EEN (14) FOLLOWING THE END OF THE COMMENT PERIOD PER KENT CITY CODE 11 03 520 CONDITIONS/MITIGATING MEASURES: NONE APPLICATION FEE 1 SINGLE FAMILY DWELLING ON INDIVIDUAL PARCEL 250 KEN T ALL OTHERS 700 W A S H t N G T O M PUBLIC NOTICE BOARD CITY OF KENT PLANNING SERVICES $100 EACH BOARD (253) 856-5454 TO BE COMPLETED BY STAFF: �/ APPLICATION M Y- — 3 ! KIVA M aO_Zt:;1I;:L1q RECEIVED BY: CA DATE: '1- ZZ-OZ PROCESSING FEE: A. STAFF REVIEW DETERMINED THAT PROJECT: Meets the categorically exempt criteria. Has no probable significant adverse environmental impact(s) and application should be processed without further consideration of environmental effects. Has probable, significant impact(s) that can be mitigated through conditions. EIS not necessary. Has probable, significant adverse environmental impact(s). An • Environmental Impact Statement will be prepared. An Environmental Impact Statement for this project has already been prepared. d2_ Sig 7 re esponsible Off i"C Date B. COMMENTS: C. TYPE OF PERMIT OR ACTION REQUESTED: r&k AwLvidmaA_ D. ZONING DISTRICT:�_��J • City of Kent Planning Services For Agency Use Environmental Checklist Page 2 of 15 IRONMENTAL CHECKLIST APPLICATION FORM E COMPLETED BY APPLICANT: A. BACKGROUND INFORMATION: 1 Name of Project Secure Community Transition Facility Code Amendment 2 Name of Applicant City of Kent Planning Services Office Mailing Address 220 4th Avenue S. Kent WA 98032 Contact Person- Charlene Anderson, AICR Planning Manager Telephone 253-856-5454 (Note that all correspondence will be mailed to the applicant listed above ) 3 Applicant is (owner, agent, other) City 4 Name of Legal Owner n/a City -Wide Telephone . Mailing Address 5 Location. Give general location of proposed project (street address, nearest Intersection of streets and section, township and range) This Is a nonprolect action that will affect the regulations for siting secure community transition facilities and will apply city-wide 6. Legal description and tax identification number a Legal description (If lengthy, attach as separate sheet) NIA b Tax Identification number N/A 7 Existing conditions Give a general description of the property and existing improvements, size, topography, vegetation, soil, drainage, natural features, etc (If necessary, attach a separate sheet) City of Kent Planning Services For Agency Use Environmental Checklist Page 3 of 15 The proposal is for a zoning text amendment that would apply city- wide 8 Site Area n/a Site Dimensions_ 9 Proiect description Give a brief, complete description of the intended use of the property or project including all proposed uses, days and hours of operation and the size of the project and site. (Attach site plans as described in the instructions) The proposed code amendment addresses the siting criteria for secure community transition facilities (SCTF)within the City of Kent A SCTF will provide residences for sexual offenders This amendment is in response to Senate Bill ESSB 6594 enacted March 2002 and ESSB 6151 enacted June 2001, that requires cities to plan for the siting of secure community transition facilities by September 1, 2002 10 Schedule: Describe the timing or schedule (include phasing and construction dates, if possible) The proposed code amendment will be heard by the Land Use and Hearing Board on July 22, 2002 and a recommendation will be forwarded to the Kent City Council in mid-September for consideration • and decision. 11 Future Plans Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? If yes, explain The City is not evaluating any other similar code amendments 12 Permits/Approvals List all permits or approvals for this project from local, state, federal, or other agencies for which you have applied or will apply as required for your proposal DATE AGENCY PERMIT TYPE SUBMITTED' NUMBER STATUS" Ordinance City Council adoption • City of Kent Planning services For Agency Use Environmental Checklist Page 4 of 15 *Leave blank if not submitted • **Approved, denied or pending 13 Environmental Information List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal City of Kent Comprehensive Plan and Environmental Impact Statement 14 Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain At a future time, the State has withheld the right to preempt the City's ordinance and declare an emergency for siting a secure community transition facility (SCTF) If the state pursues a preemption, it may do so without site-specific environmental review ENVIRONMENTAL ELEMENTS a Earth a General description of the site (circle one) Flat, rolling, hilly, steep �opes, mountainous, other The regulations will apply to all affected properties within the City of Kent b What is the steepest slope on the site (approximate percent slope)? There are slopes of 40% or greater within the City limits. This is a nonprotect action that will not change any regulations that pertain to the protection of critical slopes c What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland This is a nonprogect action Detailed sods information will be provided along with any project specific proposal. J Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe There are areas that have unstable soils which are identified on the City's Hazard Area Map Regulations to govern these steep slopes would apply to any future development proposal Describe the purpose, type and approximate quantities of any filling or grading proposed Indicate source of fill N/A •uld erosion occur as a result of clearing, construction, or use? If so, City of Kent Planning Services For Agency Use Environmental Checklist Page 5 of 15 generally describe Erosion is possible at a future construction phase At such a point • in the future, the City's clearing and grading ordinances will apply g. About what percent of the site will be covered with Impervious surfaces after project construction (for example, asphalt or buildings)? N/A h. Proposed measures to reduce or control erosion, or other Impacts to the earth, if any N/A 2. Air a What types of emissions to the air would result from the proposal (i e , dust, automobile, odors, Industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known As a nonproject action, there are no anticipated air quality concerns Future projects will be required to meet all applicable standards b Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. Overall City conditions are not anticipated to change as a result of this code amendment • c. Proposed measures to reduce or control emissions or other impacts to air, if any N/A 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, salt water, lakes, ponds, wetlands)? If yes, describe type and provide names If appropriate, state what stream or river it flows into The Green River, Garrison Creek, Mill Creek, Springbrook Creek, Soos Creek, Clark Lake, Lake Meridian, Lake Fenwick, Johnson Creek, Mullen Slough and a number of other seasonal surface water bodies are within the City limits However, it is not anticipated that this nonproject action will impact any of these surface water bodies 2) Will the project require any work over, in or adjacent to (within . 200 feet) the described waters? If yes, please describe and City of Kent Planning Services For Agency Use Environmental Checklist Page 6 of 15 attach available plans • The adoption of an ordinance for the siting of secure community transition facilities will not require work within 200- feet of any water body. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected Indicate the source of fill material. NIA 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known NIA 5) Does the proposal lie within a 100-year floodplam? If so, note location on the site plan. Future protect development may be located within the 100- year floodplain If so, those regulations that protect flood zones will apply 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. N/A b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known No groundwater discharges or withdrawals will occur from this nonpro/ect action 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example domestic sewage, industrial, containing the following chemicals . , agricultural, etc ) Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve If future siting locations occur on properties with septic systems, the project proponent will be required to meet all applicable local and state standards, c. 16 ter Runoff(including storm water): City of Kent Planning Services For Agency Use Environmental Checklist Page 7 of 15 _ 1) Describe the source of runoff(including storm water) and method • of collection and disposal, if any (Include quantities, if known) Where will this water flow? WIII this water flow into other waters? If so, describe The proposed code amendment will not modify any existing ordinances related to water runoff 2) Could waste materials enter ground or surface waters? If so, generally describe N/A d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Any future proposals will be required to meet the City of Kent surface water design manual standards. The nonproject action will not create any surface water problems. 4. Plants a Check or circle types of vegetation found on the site- _X_Deciduous tree: alder, maple aspen, other • _X_Evergreen tree. fir, cedar, pine, other _X_Shrubs X Grass Pasture Crop or grain X_Wet soil plants cattail, buttercup, bulrush, skunk cabbage, other _X_Water plants, water lily, eelgrass, milfoil, other Other types of vegetation >. What kind and amount of vegetation will be removed or altered? No impacts to vegetation will occur through the adoption of the proposed ordinance Future impacts may occur through site specific development which will be evaluated at that time List threatened or endangered species known to be on or near the site. N/A 1. Proposed landscaping, use of native plants, or other measures to . City of Kent Planning Services For Agency Use Environmental Checklist Page 8 of 15 reserve or enhance vegetation on the site, if any N/A 5. Animals a Circle any birds and animals which have been observed on or near the site or are known to be on or near the site Birds: hawk, heron, eagle, songbirds, other Mammals deer, bear, elk, beaver, other Fish bass, salmon, trout, herring, shellfish, other b List any threatened or endangered species known to be on or near the site. Any threatened or endangered species within the City limits will not be impacted by this nonprolect action Any site-specific development will evaluate potential impacts to threatened or endangered species c Is the site part of a migration route? If so, explain N/A d. Proposed measures to preserve or enhance wildlife, if any 0 N/A 6. Energy and Natural Resources a What kinds of energy (electric, natural gas, oil,wood stove, solar) will be used to meet the completed pro/ect's energy needs? Describe whether it will be used for heating, manufacturing, etc No change in energy needs are anticipated by the adoption of this ordinance At such time when a secure community transition facility is constructed, it will be required to meet the UBC b Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe This will be evaluated upon site specific protect submittal c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any N/A 7. Environmental Health a Are there any environmental health hazards, including exposure to toxic hemicals, risk of fire and explosion, spill, or hazardous waste, that could cur as a result of this proposal? If so, describe City of Kent Planning Services For Agency Use Environmental Checklist Page 9 of 15 No known environmental health Impacts are anticipated by this code • amendment 1) Describe special emergency services that might be required No need for services beyond that which the City currently provides are anticipated 2) Proposed measures to reduce or control environmental health hazards, if any None are proposed b Noise 1) What types of noise exist in the area which may affect your project (for example traffic, equipment operation, other)? The City has traffic noise, airplane noise, and industrial- related noise generation 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example traffic, construction, operation, other)? Indicate what hours noise would come from the site Beyond that which is created by residential uses, there is no impact anticipated for the future development of a secure community transition facility • 3) Proposed measures to reduce or control noise impacts, if any None are proposed 8. Land and Shoreline Use a What is the current use of the site and adjacent properties? This nonproject action will apply city-wide. �. Has the site been used for agriculture? If so, describe Various lands within the City of Kent have been historically used and are currently used for agricultural purposes Describe any structures on the site N/A I Will any structures be demolished? If so, what? N/A What is the current zoning classification of the site* • The main areas of potential designation by this proposed ordinance City of Kent Planning Services For Agency Use Environmental Checklist Page 10 of 15 are currently zoned for commercial use f Ohat is the current comprehensive plan designation of the site? The main areas of potential designation by this proposed ordinance have a commercial comprehensive plan designation g If applicable, what is the current shoreline master program designation of the site? NIA h Has any part of the site been classified as an "environmentally sensitive" area? If so, specify There are environmentally sensitive areas within the City The City's critical areas ordinances would apply to site-specific development proposals which should protect these resources i Approximately how many people would reside or work in the completed project? Although the code amendment is a nonpro)ect action, the development of a SCTF may result in up to 18 residents which include both staff and individuals living in the facility j Approximately how many people would the completed project displace? N/A k.AMoposed measures to avoid or reduce displacement impacts, if any W N/A I Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any The proposed ordinance would require a conditional use permit for siting of a secure community transition facility This process requires that the site location be evaluated for compatibility with surrounding uses Further, the development of the proposed regulations are consistent with the Kent Comprehensive capital facilities siting of essential public facilities 9. Housing 3. Approximately how many units would be provided, if any? Indicate whether high, middle, or low income housing This is a nonprofect action Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low income housing N/A Proposed measures to reduce or control housing impacts, if any No housing impacts are anticipated by the adoption of this proposed ordinance Any site-specific impacts associated with the development Wf a SCTF will be addressed through the conditional use permit City of Kent Planning Services For Agency Use Environmental Checklist Page 1 I of 15 proces • 10. Aesthetics a What Is the tallest height of any proposed structure(s), not including antennas, what is the principal exterior building matenal(s) proposed? The height of any future structures associated with this ordinance will be limited by the underlying zoning regulations. b What views in the Immediate vicinity would be altered or obstructed? NIA c. Proposed measures to reduce or control aesthetic impacts, if any. Aesthetic impacts for future development will be controlled via the conditional use permit process 11. Light and Glare a What type of light or glare will the proposals produce? What time of day would It mainly occur? This Is a nonproject action b Could light or glare from the finished protect be a safety hazard or • Interfere with views? None are anticipated with future development associated with this proposed ordinance. c. What existing off-site sources of light or glare may affect your proposal? NIA d Proposed measures to reduce or control light and glare impacts, if any None are proposed for this nonproject action 12. Recreation a What designated and informal recreational opportunities are in the immediate vicinity? Existing recreational areas are considered by this proposed ordinance Any future secure community transition facilities will not be permitted to locate within the "line of sight' of a "sensitive land use" which includes public parks b Would the proposed project displace any existing recreational uses? If so, describe No c Proposed measures to reduce or control impacts on recreation, including • recreation opportunities to be provided by the project or applicant, If any. City of Kent Planning services For Agency Use Environmental Checklist Page 12 of 15 None are anticipated however, depending upon the exact location of • a SCTF, there may be a greater need for security around existing recreational uses This would be evaluated at the time of a site- specific development application. 13. Historic and Cultural Preservation a Are there any places or objects listed on, or proposed for, national, state or local preservation registers known to be on or next to the site? If so, generally describe N/A b Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. N/A c Proposed measures to reduce or control impacts, if any. N/A 14. Transportation a Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. • The City's transportation system will not be impacted by the adoption of this proposed ordinance b Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Location to transit will be considered by siting criteria for future facilities c. How many parking spaces would the completed project have? How many would the project eliminate? N/A d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private) This will be evaluated upon site specific project submittal There are no impacts associated with the ordinance adoption e Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe N/A f How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur • None for this nonprolect action Trips associated with the build-out of a SCTF could include travel to and from educational, social and City of Kent Planning Services For Agency Use Environmental Checklist Page 13 of 15 health services by residents of the facility. • g. Proposed measures to reduce or control transportation impacts, if any None are proposed for the nonproject action Site-specific impacts would be addressed at the time of development 15. Public Services a Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The adoption of the SCTF ordinance will not directly create a need for increased services However, siting a SCTF may increase the need for law enforcement training and may necessitate an enhanced database for information dissemination and communication. A SCTF is considered a high priority response for emergency calls. b Proposed measures to reduce or control direct impacts on public services, if any None are proposed for the nonproject action Potential future mitigation for site specific development could include state mitigation funding for police training and for the development of a database The State Department of Social and Health Services will also consider and balance the average response time of emergency services to the general area of a proposed site against the proximity to risk potential activities and facilities • 16. Utilities a Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other N/A b Describe the utilities that are proposed for the project, the utilities providing the service and the general construction activities on the site or in the immediate vicinity, which might be needed N/A C. SIGNATURE The above answers are true and complete to the best of my knowledge I inderstand that the lead agency is relying on them to make its decision Signature date: • City of Kent Planning Services For Agency Use Environmental Checklist Page 14 of 15 JW NOT USE THIS SHEET FOR PROJECT ACTIONS sp D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not Implemented Respond briefly and in general terms 1 How would the proposal be likely to Increase discharge to water, emission to air, production, storage, or release of toxic or hazardous substances; or production of noise? The proposed code amendment is not anticipated to impact these environmental elements. Proposed measures to avoid or reduce such increases are None 2 How would the proposal be likely to affect plants, animals, fish, or marine life? The proposed code amendment is not anticipated to impact these • environmental elements Proposed measures to protect or conserve plants, animals, fish, or marine life? None 3 How would the proposal be likely to deplete energy or natural resources? The proposed code amendment is not anticipated to impact these environmental elements Proposed measures to protect or conserve energy and natural resources are None 4 How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection, such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposed code amendment is not anticipated to impact these environmental elements Any future secure community transition facilities will not be permitted to locate within the "line of sight' of a sensitive land use" which includes public parks. City of Kent Planning services For Agency Use Environmental Checklist Page 15 of 15 _ Proposed measures to protect such resources or to avoid or reduce Impacts are None 5. How would the proposal be likely to affect land and shoreline use, Including whether it would allow or encourage land or shoreline uses Incompatible with existing plans? The proposed code amendment will be compatible with existing comprehensive plan designations and is consistent with the capital facilities element with respect to the siting of essential public facilities There are no anticipated shoreline Impacts Proposed measures to avoid or reduce shoreline and land use Impacts are: None. 6 How would the proposal be likely to Increase demands on transportation or public services and utilities? The proposed code amendment is not anticipated to Impact the need for utilities or public services. Trips associated with the build-out of a SCTF could include travel to and from educational, social and health • services by residents of the facility Siting a SCTF may increase the need for law enforcement training and may necessitate an enhanced database for information dissemination and communication A SCTF is considered a high priority response for emergency calls Proposed measures to reduce or respond to such demand(s) are None 7 Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment This proposed code amendment is promulgated to bring the City of Kent into consistency with state regulations, specifically Senate Bill ESSB 6594 and ESSB 6151 S\permit\plan\zonecodeamend\2002\sctfchecklist doc • • COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director PLANNING SERVICES • Charlene Anderson,AICP, Manager KENT w.sHiH o'roH Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 ENVIRONMENTAL REVIEW REPORT Decision Document CITY OF KENT SECURE COMMUNITY TRANSITION FACILITY CODE AMENDMENT #ENV-2002-37 (KIVA #2022279) Responsible Official Kim Marousek, AICP I PROPOSAL The proposed code amendment addresses the siting criteria for secure community transition facilities (SCTF) within the City of Kent A SCTF will • provide residences for sexual offenders This amendment is in response to Senate Bill ESSB 6594 enacted March 2002 and ESSB 6151 enacted June 2001, that requires cities to plan for the siting of secure community transition facilities by September 1, 2002 II BACKGROUND INFORMATION Compliance with Kent's Comprehensive Plan (Ordinance 3222), the Washington State Growth Management Act (GMA), the Local Project Review Act (ESHB 1724 and ESB 6094), Kent's Construction Standards (Ordinance 3117) and Concurrency Management (Chapter 1211, Kent City Code) will require concurrent improvements or the execution of binding agreements by the Applicant/Owner/Subdivider with the City of Kent to mitigate identified environmental impacts These improvements and/or agreements may include improvements to roadways, intersections and intersection traffic signals, stormwater detention, treatment and conveyance, utilities, sanitary sewerage and domestic water systems Compliance with Kent's Construction Standards may require the deeding/dedication of right of way for identified improvements Compliance with Title 11 03, and with Sections 15 08 220 to 15 08 224, and to Section 15 08 240 of the Kent City Code may require the conveyance of Sensitive Area Tracts to the City of Kent, in order to preserve trees, or to regulate the location and density of development based upon known physical • constraints such as steep and/or unstable slopes or proximity to lakes, or to maintain or enhance water quality Compliance with the provisions of Chapter 6 12 of the Kent City Code may require provisions for mass transit adjacent to the site Decision Document • Secure Community Transition Facility Code Amendment #ENV-2002-37 KIVA #2022279 In addition to the above, Kent follows revisions to the Washington State Environmental Policy Act, Chapter 197-11 WAC (effective November 10, 1997), which implements ESHB 1724 and ESB 6094 III ENVIRONMENTAL ELEMENTS A. Earth There are slopes of 40 percent or greater within the City limits This is a nonprolect action that will not change any regulations pertaining to the protection of critical slopes. There are areas that have unstable soils which are identified on the City's Hazard Area Map. Regulations to govern these steep slopes would apply to any future development proposal B Water The Green River, Garrison Creek, Mill Creek, Spnngbrook Creek, Soos Creek, Clark Lake, Lake Meridian, Lake Fenwick, Johnson Creek, Mullen • Slough and a number of other seasonal surface water bodies are within the City limits. However, it is not anticipated that this nonproject action will impact any of these surface water bodies C. Animals Any threatened or endangered species within the City limits will not be impacted by this nonprolect action. Any site-specific development will evaluate potential impacts to threatened or endangered species D. Land and Shoreline Use The proposed ordinance would require a conditional use permit for siting of a secure community transition facility This process requires that the site location be evaluated for compatibility with surrounding uses. Further, the development of the proposed regulations are consistent with the Kent Comprehensive Plan Capital Facilities Element for the siting of essential public facilities. E Housing Although the code amendment is a nonprolect action, the development of • a SCTF may result in up to 18 residents which include both staff and individuals living in the facility. No housing impacts are anticipated by the adoption of this proposed ordinance Any site-specific impacts associated Page 2 of 4 • Decision Document Secure Community Transition Facility Code Amendment #ENV-2002-37 KIVA #2022279 with the development of a SCTF will be addressed through the conditional use permit process F. Recreation Existing recreational areas are considered by this proposed ordinance Any future secure community transition facilities will not be permitted to locate within the 'line of sight" of a "sensitive land use" which includes public parks. No recreational impacts are anticipated however, depending upon the exact location of a SCTF, there may be a greater need for security around existing recreational uses This would be evaluated at the time of a site- specific development application G Transportation The City's transportation system will not be impacted by the adoption of this proposed ordinance. H Public Services The adoption of the SCTF ordinance will not directly create a need for increased services. However, siting a SCTF may increase the need for law enforcement training and may necessitate an enhanced database for information dissemination and communication. A SCTF is considered a high priority response for emergency calls Potential future mitigation for site specific development could include state mitigation funding for police training and for the development of a database. The State Department of Social and Health Services will also consider and balance the average response time of emergency services to the general area of a proposed site against the proximity to risk potential activities and facilities I Nonproject Analysis This proposed code amendment is promulgated to bring the City of Kent into consistency with state regulations, specifically Senate Bill ESSB 6594 and ESSB 6151. • IV. SUMMARY AND RECOMMENDATION A It is appropriate, as per WAC 197-11-660 and RCW 43.21C 060 that the City of Kent establish conditions to mitigate any identified impacts Page 3 of 4 Decision Document Secure Community Transition Facility Code Amendment • #ENV-2002-37 KIVA #2022279 associated with this proposal Supporting documents for the following conditions and mitigating measures Include. 1. City of Kent Comprehensive Plan as prepared and adopted pursuant to the State Growth Management Act 2, The State Shoreline Master Program and the Kent Shoreline Master Program. 3. Kent City Code Section 7.07 Surface Water and Drainage code. 4. City of Kent Transportation Master Plan, Green River Valley Transportation action plan and six-year transportation improvement plan. 5 Kent City Code Section 7 09 Wastewater facilities master plan 6 City of Kent Comprehensive water plan and conservation element 7 Kent City Code Sections 6 02 010 and 6,02020 construction standards. 8. Kent City Code Section 6.07 street use permit requirements 9. Kent City Code Section 14.09 flood hazard protection. 10. Kent City Code Section 12.04 Subdivision Code. 11. Kent City Code Section 12.05 Mobile Home Parks and 12.06 Recreation Vehicle Parks 12 Kent City Code Section 8 05 Noise Control. 13. City of Kent Uniform Building and Fire Codes 14. Kent Zoning Code. 15 Kent City Code Section 713 water shortage and emergency regulations and Water Conservation Ordinance 2227. 16 Kent City Code Sections 6.02 and 6.03 required public improvements. 17. Kent City Code Section 7.05 Storm and surface water drainage utility. 18. City of Kent comprehensive sewer plan. 19. City of Kent Fire Master Plan 20. City of Kent Wetland Management Ordinance 3109. 21 Resolution 1605 Enhanced review procedures SEPA and ESA B. Pursuant to WAC 197-11-340(2) a Determination of NonsigrMicance (DNS) is issued for this project. KENT PLANNING SERVICES August 6, 2002 KM ch\\S\Permit\Plan\Env\2002\201935-2002-32 doc • Page 4 of 4 z W� z� mg � Y•C C + C � C� a A u W • � 0 LL 0 � g c �eoS r R � `\g cc + N if r� V cc <- U- s cw v) o m c `ow J t V i • lyp O .+ Q EY N C Q N 0 W G ca za d � U. V O a� •Zs �C� tq F• � � LJl�������® PY- d s � n Fz 2■'- aN a w� i o a_p /C C G e0 V Q m LL ggq$W F •z a Z N WI^. my �m6� yy2U G . Y �' V7N gOr ON W 3 O)m 3 �Cla -BIN, IN ,-.4; 1 I _ 'ILL ii t� (I I � � _AI _ •1' r 1�� �p v — ---R -- `" � —xis,' f ,�l ,Kll r hl r. e I .t' �� MS • ��j M^v Ii I�� � ��I ll I �� ' l Y�yl '=I rr �•��L.i N U) .v ( Z _ a O N 0 W U x cotNri m m 0 Q .- c e vl a F (� e o ity vi E � Q WU aN F ZO m ' G dm oW °z L) E m xN W �N p a ��jj .� tD H W aw0� Z Z •F` �N N Y u UeJ N pWN� Y3 Ole O ZOUz<}~JLL z � ♦- LL WOLL'mu�wo d'4_c m' C z b oxD.M>- OxOZ@ a 01�T • 1111 111 ��-• a C-� r t•_—_`v-~�r�...�) �::-'.)I r `y./ °"'� ,,,.I i.�t� L g , I,, _ Ll � � •:ft': tu, tad • o � ,, —Y j. G � � �- �I .•�`.� vo j U Y � j� ti I.) • r _ � 11: 1 N � — �_ w � J m � ^y� 0 $ _ Ln i. U. 90 G O ,D� Z o U •W'• hN — t h J 4 � l 4 CL Lr- lb P4� - �•w - 5 �-�`--4t �f h - ! 2 M F ! ���PPI ��� �'j• l I "ti r t a� "'�k J�' �iilA � �-•.�^ n p141,MNI�IN4g �low I � r�uVlMllrlh�'ywl. ._ A s § MA + Irvr, IF v 10 rri + � :gJJrc 'ypi r i ORDINANCE NO. 1 AN ORDINANCE of the City Council of the City of Kent, Washington, amending Kent City Code Title 15, chapters 15 02, 15.04, 15 08, and 15 09 to provide for the siting of a secure community transition facility within the City of Kent WHEREAS, a 1994 federal court order required Washington State to provide an opportunity for less restrictive alternative placement to inmates at McNeil Island being held as sexual offenders, but who are ready for conditional release, and WHEREAS, secure community transition facilities ("SCTF") provide sexual offenders with living arrangements that are less restrictive than total confinement, but provide supervision, security, and either provide sex offender treatment services or ensure that sex offender treatment services will be provided elsewhere, and I WHEREAS, Engrossed Substitute Senate Bill (ESSB) 6594 enacted March 2002, (amending ESSB 6151 enacted June 2001) requires cities to provide for siting of SCTF by September 1, 2002, consider the effect of "equitable distribution factors" in siting the SCTF, and impose development regulations no more restrictive than those specifically addressed in Chapter 71.09 RCW, and 1 Secure Community Transition Facilities WHEREAS, ESSB 6594 provides that no SCTF may be located within the "line of sight" of a risk potential activity or facility in existence at the is time a site is listed for consideration, and DSHS asserts that `line of sight" is equal to 600 feet, assuming the terrain is visually unobstructed, and WHEREAS, ESSB 6594 allows the State Department of Social and Health Services (DSHS) to "preempt and supersede local plans, development regulations, permitting requirements, inspection requirements, and all other laws as necessary . ." for failure to comply, and WHEREAS, City staffs analysis of the Kent City Code, which classifies group home facilities for sexual offenders as Group Homes Class III facilities, indicates that after applying the existing Group Homes Class III regulations, there are a limited number of potential locations that meet the development criteria for locating SCTF; and II WHEREAS, City staff presented this issue to the May 14, 2002, Public Safety Committee, which did not object to proceeding with analysis of the City's regulations regarding SCTF, and WHEREAS, City staff also presented this issue to the Land Use and Planning Board at its June 10, 2002, workshop, and the Board conducted a public hearing on the issue on July 22, 2002, and WHEREAS the Kent City Council adopted the following amendments to Title 15 of the Kent City Code in order to comply with ESSB 6594, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: • 2 Secure Community Transition Facilities SECTION 1 Amendment Chapter 15 02 of the Kent City Code, entitled "Definitions," is hereby amended to read as follows: Sec. 15.02.141.5. Equitable distribution. founable distribution means siting or locate secure community transition facilities in a manner that will not cause a disproportionate Qrounmg of similar facilities either in any one county, or in any one jurisdiction or community within a county, as relevant it . . . Sec. 15.02.173. Group home. A Class I group home Class I group home means publicly or privately operated residential facilities such as state-licensed foster homes and group homes for children, group homes for individuals who are developmentally, physically or mentally disabled, group homes or halfway houses for recovering alcoholics and Iformer drug addicts, and other groups not considered within class I1 or III group jhomes 1 Group home, class I-A A class I-A group home shall have a maximum of seven (7) residents including resident staff 2 Group home, class I-B A class I-B group home shall have a II maximum of ten (10) residents including resident staff III 3 Group home, class I-C The number of residents for a class I-C group home will be based upon the density of the underlying zoning district B Class II group home Class II group home means publicly or privately operated residential facilities for juveniles under the jurisdiction of the criminal justice system These homes include state-licensed group care homes°or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, and halfway houses providing residence to juveniles needing correction or for I j juveniles selected to participate in state-operated work release and pre-release programs The planning managerdireeteF shall have the discretion to classify a • 3 Secure Community Transition Facilities group home proposing to serve juveniles convicted of the offenses listed under class III group home in this section as a group home class III, and any such home shall be • sited according to the regulations contained within the group III classification 1 Group home, class ITA A class II-A group home shall have a maximum of eight (8) residents including resident staff 2 Group home, class H-B A class II-B group home shall have a maximum of twelve (12) residents including resident staff 3. Group home, class H--C A class 11-C group home shall have a maximum of eighteen (18) residents including resident staff C. Class III group home Class III group home means privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre- or post-charging diversion program, or been selected to participate in state-operated work/training release or other similar programs as provided in Chapters 137-56 and 137-57 WAC Such groups also involve III individuals who have been convicted of a violent crime against a person or a crime against property with a sexual motivation and convicted or charged as a sexual or assaultive violent predator. Class III group homes shall have a maximum of i eighteen (18) residents including resident staff. Secure community transition facilities are considered Class III group homes Sec. 15.02.223. Less restrictive alternative. Less restrictive alternative means court-ordered treatment in a setting less restrictive than total confinement which satisfies the conditions set forth in RCW 71 09.092 Sec. 15.02.338.5. Risk potential activity or Risk potential facilitv. Risk potential activity or Risk potential facility means an activity or facility that provides a higher incidence of risk to the public from persons conditionally released from the special commitment center Risk potential activities and facilities include. Public and private schools, school bus stops, licensed day care and licensed 4 Secure Community • Transition Facilities preschool facilities public parks publicly dedicated trails sports fields playgrounds, recreational and community centers churches, ynagoogues temples, mosques public libraries, and others identified by the department following the hearings on a i potential site required in RCW 7109 315 The term "school bus stems" does not include bus stops established pnmanly for public transit Sec. 15.02.341. Secure communitv transition facility. Secure community transition facility means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under chapter 7109 RCW A secure community transition facility has supervision and security, and either provides or ensures the movision of sex offender treatment services Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 7109.250 and any community based facilities established under chapter 7109 RCW and operated by the secretary of the State of Washingon department of social and health services or under contract with the secretary SECTION Z Amendment. Chapter 15.04 of the Kent City Code, entitled, "District Regulations," is hereby amended to read as follows CHAPTER 15.04. DISTRICT REGULATIONS • 5 Secure Community Transition Facilities Sec. 15.04.020. Residential Land Uses. Zonine Districts P=Principally Permitted Uses � C- pecialCondit Uses -- C=Conditional Uses '" $ N m � ❑ '_ A=Accessory Uses z z ? £ ❑ U y N Q E S 0 0 �' T y Q 0 ❑ ❑ U U e N n 5 m ❑ ❑ 10 ❑ 0 v m m E n �. £ _, a w c c c y N u y n n 9 m n ai u y " E E m_° ❑ p E ,��.. y E u D ❑ Q j v u V N v T 9 9 > > W U y rt A u n ❑ O E N C _ ' t v_ 'a t E C tY Y o 01 u o c E n ? h C; C5 15 o u v v >, e u m T _ n E E n n _ ^+ c oc C LK C a, a. _ n. U E E " .� ` n E ❑ E E O '� d `� Q m C E tau E u n m •� '`_. ❑ E o z U c E E ¢ iO m .o U 3 `u a b u o c v b z $ q 0 u = E o £ E V " oho c w c °c° r c c p' N e V : S o y E c 3 0 o ¢ an d rn m rn y Z o o O U U d o E u V [7 0: z n; c' n: to K C 71 od C ii' S U U U U E U o ¢ U U 3 < ¢ m y y m rn rn f f E f z U ❑ ❑ U U V o f f V One single-family dwelling per lot P P P P P P P P P P P P P P P (1) (1)A(1)A(I) One duplex per lot P One modular home per lot P P P P P P P P P P P P P Duplexes P P P P P P (22) Multifamily townhouse units P P P P P P P P P P C (19)(19) (2) (4) (2) (2) (15) (20)(20) C (5) Multifamily dwellings P P P P P P P P C (2) (4) (2) 2) (15) C 5) Multifamily dwellings for senior P P P P P C citizens (2) (2) (2) (15) Mobile homes and manufactured P homes Mobile home parks P P P P P P P (13)(13)(13)(13)(13)(13) Group homes class I•A P P P P P P P P P P P P P P P P P P C C C P Group homes class I-B P P P P P P P P P P C C C P Group homes class IC C C C C P P P P P P C C C P Group homes class 11-A C C C C C C C C C C C C C C Group homes class 11-B C C C C C C C C C C C C C C Group homes class 11-C C C C C C C C C C C C C C C Group homes class III C C C C C C C C C t u(�(��(uu(� Rebudd/accessory uses for existing P(6) P P P P P P P P P P P P P P dwellings (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) Tramihonal housing P P (7) (7) Guest rnttages and houses A A A A A A A A A (8) (8) (8) (8) (8) (8) (a) (8) (8) (21)(21)(21)(21)(21) (21)(21)(21) (21) Rooming and boarding of not A A A A A A A A A A A more than three persons Farm worker accommodations A A A A (17) (9) C17) (9) Accessory uses and buildings 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 A A customarily appurtenant to a (18)(18)(18)(18)(18)(18) (18) (18)(18) (18) (I8)(18) permitted use Accessory dwelling units A A A A A A A A A A A A A A A (10) (10)(10)(10)(10)(10)(10)(10)(10)(10)(10) (10) (10) (10)(to) 6 Zoning Districts Key P-Principally Permitted Uses E S-Special Uses — w V C=Conditional Uses v u m c p m c A-Accessory Uses H 'o o° ,a a O y C Y _ m w N E o o v �, 9 pEp ., c p in a m O G a m m E a, E $ w y c cCS i5 N E m T = y— � i U E u ❑ E ° c U a E c Q i C c ° E E u' E E y W p E E o $ U U c E — Q m > > U v _ t en eo vi co —evo �' 8+ m a m c ° E E A v v u c c S c c o Q 3 0 0i ` y = v m Q N 11 1 b OJ O F' [�. U x n. (� U ❑ U N V tr C C U ..� U U U rc 1 re o: o; 94 re a s o; z x U U U U vU f E f f< Q ti y W rn M �' f z U p p U U o Accessory Irving quarters A A A A A A A A A A A A A A (14)(14)(14)(14) (14)(l4)(l4)(14)(14)(14)(14)(14)(14) 114) Home occupations 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 A A A A U1)(11) 11)(11)(11)(11)(11)(In(1n(10(1l)(11)(1I)a1)(11)p])(11)(11)00 01 (11 11)(11)(11)(Iq(lq(11) 11 (77) Service buildings A Storage buildings and storage of A A A A A A A A A A A A A A recreational vehicles (16) 06)(16)(16)(16) (16)(16) (16)(16)06)(16)(16)(16) Drsvt to churches, welfare 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 facilities (including emergency (12)(12) shelters), Drive-in churches, retirement homes, convalescent homes and other welfare facilities whether privately or publicly operated, facilities for rehabllliation or correctlon,etc 7 Sec. 15.04.030. Residential Land Use Development Conditions. 1. Dwelling units, limited to not more than one 1( ) per establishment, for security or maintenance personnel and their families, when located on the premises Iwhere they are employed in such capacity No other residential use shall be II permitted. i 2 Multifamily residential use shall be permitted only in the mixed-use overlay when included within a mixed use development 3. [Reserved] 4. Multifamily residential uses, when established in buildings with commercial or office uses, and not located on the ground floor. 5. Multifamily residential uses, when not combined with commercial or office it uses 6. Existing dwellings may be rebuilt, repaired and otherwise changed for human occupancy Accessory uses for existing dwellings may be constructed Such uses are li garages, carports, storage sheds and fences 7. Transitional housing facilities, limited to a maximum of twenty (20) residents at any one (1) time and four(4) resident staff 8. Guesthouses not rented or otherwise conducted as a business 9 Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators or employees, but not accommodations for transient labor 10 Accessory dwelling units shall not be included in calculating the maximum density. Accessory dwelling units are allowed subject to the provisions of Section 15 08 350 I� 11. Customary incidental home occupations subject to the provisions of section 15 08 040 12. Except for transitional housing, with a maximum of twenty (20)residents and four(4) staff, which are principally permitted uses I III 13 Subject to the combining district requirements of the Mobile Home Park Code,KCC 12 05 8 Secure Community Transition Facilities 14 Accessory living quarters are allowed per the provisions of Section 15 08.359 15. Multi-family residential use shall be permitted as a conditional use only when included in a mixed use development. 16 Recreational vehicle storage is permitted as an accessory use in accordance with Section 15.08.080. 17 Accommodations for farm operators and employees, but not accommodations i for transient labor 18 Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsrte hazardous waste treatment and storage facilities, which are not permitted in residential zones. 19 The following zoning is required to be in existence on the entire property to be rezoned at the time of application for a rezone to an MR-T zone- SR-8, MR-D, MR-G,MR-M, MR-H, O, O-MU,NCC, CC, GC, DC, or DCE. I 20 All multifamily townhouse developments in the MR-T zone shall be condominiums and recorded pursuant to Chapter 64 32 RCW prior to approval of a certificate of occupancy by the city 21 Subject to 15 08.160(A) and (B) Accessory buildings 22 One duplex per lot is permitted 23 Secure community transition facilities are permitted only in the GWC zoning district 24 Class II and class III group homes, other than secure community transition facilities, are not allowed in this zoning district A secure community transition facility shall also comply with applicable state siting and permitting requirements pursuant to chapter 7109 RCW Secure community transition facilities are not subject to the siting criteria of KCC 15 08 280 for Class III Group Homes, but they are subject to a 600-foot separation from any other Class II or III Group Home In no case shall a secure community transition facility be sited adjacent to, immediately across the street or parking lot from, or within the line of sight of risk potential activities or facilities in existence at the time a site is listed for consideration. 9 Secure Community Transition Facilities "Within line of sight" means that it is possible to reasonably visually distinguish and recognize individuals. For the purposes of granting a conditional use permit for siting a secure community transition facility, the hearing examiner shall consider an unobstructed visual distance of 600 feet to be "within line of sight " During the conditional use permit process for a secure community transition facility, `line of sight' may be considered to be less than 600 feet if the applicant can demonstrate j that visual barriers exist or can be created that would reduce the line of sight to less than 600 feet. This distance shall be measured by following aught line without regard to intervening buildings from the nearest point of the property or parcel upon which the pronosed use is to be located to the nearest point of the parcel or property or the land use district boundary line from which the proposed use is to be separated For the purpose of granting a conditional use permit for a secure community transition facility, the hearing examiner shall give great weight to equitable distribution so that the City shall not be subject to a disproportionate share of similar facilities of a state-wide, regional or county-wide nature SECTION 3. Existin Ch r g_ apte st The existing chapters of Title 15 of the Kent City i ty Code that are amended by this ordinance shall remain in full force and effect until the effective date of this ordinance SECTION 4. Severabikty If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affec t the validity of the remaining portion of this ordinance and the same shall remain in full force and effect 10 Secure Commu nity Transition Facilities SECTION 5. — Effective Date This ordinance shall take effect and be in force thirty (30) days from and after passage as provided by law I' i I JIM WHITE, MAYOR ATTEST i BRENDA JACOBER, CITY CLERK I� APPROVED AS TO FORM. TOM BRUBAKER CITY ATTORNEY PASSED- day of 2002 it APPROVED day of 2002 PUBLISHED day of 12002 I� 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 I (SEAL) BRENDA JACOBER, CITY CLERK P 1GvJ\Ordlmnce�mu¢ ommunllyTrsosFucll doc 11 Secure Community Transition Facilities • Kent City Council Meeting Date September 17, 2002 Category Other Business 1. SUBJECT: MOBILE HOME RELOCATION ASSISTANCE ORDINANCE— ADOPT 2. SUMMARY STATEMENT: On August 19, 2002, the Land Use and Planning Board unanimously recommended to the City Council approval of an ordinance relating to mobile home park closures and tenant relocation. As recommended, the proposed ordinance would require mobile home park owners to submit a relocation assistance plan for certification and approval by the Housing & Human Services Manager prior to receiving any other approval decision. The ordinance is included in the agenda packet. 3. EXHIBITS: Memo dated September 10, 2002 and Ordinance 4. RECOMMENDED BY: Land Use & Planning Board (Planning Committee, Staff, H. E., Commission, etc.) 5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION• To approve/disapprove/modify the Land Use & Planning Board's recommendation of approval of the Mobile Home Park Closure and Tenant Relocation Assistance Ordinance No. Council Agenda Item No 7B COMMUNITY DEVELOPMENT Fred N Satterstrom, C D Director PLANNING SERVICES Charlene Anderson,AICP, Manager Phone 253-856-5454 KENT Fax 253-656-6454 w A S H I H G T O H Address 220 Fourth Avenue S Kent,WA 98032-5895 September 10, 2002 TO MAYOR JIM WHITE, COUNCIL PRESIDENT JUDY WOODS, AND CITY COUNCIL MEMBERS FROM WILLIAM D OSBORNE, PLANNER RE MOBILE HOME PARK CLOSURES AND TENANT RELOCATION ASSISTANCE ORDINANCE For meeting of September 17, 2002 On August 19, 2002, the Land Use and Planning Board unanimously recommended to the City Council approval of an ordinance to require mobile home park owners to submit a relocation assistance report and plan for certification and approval by the City of Kent Housing & Human Services Manager prior to receiving any other approval decision The report and plan would contain descriptive information about the current conditions of a mobile home park that is anticipated to close as a result of a proposed land use action The `current conditions' would include a census of spaces within the mobile home park to include, in as much detail as is volunteered by tenants of those spaces, information related to household characteristics (especially income level), space rent and utilities costs, terms of leases, and anticipated costs of relocating or removing an existing unit and/or relocating the household to an entirely different housing arrangement An anticipated schedule of the closure process, and an explanation of actions to be undertaken by the park owner to minimize the hardships suffered by relocating tenant households as a result of the closure of the mobile home park would also be part of relocation assistance report and plan The ordinance recognizes the legal authority of RCW Chapters 59 20 and 59 21 in regards to mobile home parks, closures, relocation assistance, and public notice for both landlords and tenants of mobile home parks The ordinance also includes a section that addresses appeals of decisions issued by the Housing and Human Services Manager WO/pm S \PermitlPlan\ZONECODEAMEND120021MHP-cc0917 doc Enclosure Ordinance August 19, 2002 Staff Report COMMUNITY DEVELOPMENT Fred N Satterstrorn, C D Director PLANNING SERVICES Charlene Anderson,AICP,Manager Phone 253-856-5454 T Fax 253-856-6454 KEN w.,wi«o.o« Address 220 Fourth Avenues Kent,WA 98032-5895 STAFF REPORT August 19, 2002 TO RON HARMON, CHAIR,AND MEMBERS OF THE LAND USE AND PLANNING BOARD FROM. WILLIAM D. OSBORNE, PLANNER RE: MOBILE HOME PARK CLOSURES AND TENANT RELOCATION ASSISTANCE ORDINANCE LAND USE AND PLANNING BOARD PUBLIC HEARING OF AUGUST 26, 2002 INTRODUCTION This staff report provides a brief history of mobile home parks, identifies key issues related to mobile home park closures, and summarizes the ordinance that would amend Kent City Code Chapter 12 05, The Mobile Home Parks Code, to require the preparation, certification, and City- approval of relocation assistance reports and plans This ordinance addresses concerns of impacts of mobile home park closures on tenants as expressed in the Land Use & Planning Board Public Hearing on December 10, 2001 On February 5, 2002, the City Council noted tlus concern and asked staff to prepare a discussion paper about mobile home park closures and relocation assistance for the Planning Committee to review at its February 19a' meeting After meeting in April and July to receive background information about mobile home park closures in the Puget Sound region, regulatory and executive actions of other jurisdictions, and a staff-proposed ordinance, the Planning Committee sent a proposed ordinance to the Land Use and Planning Board for its consideration The Land Use and Planning Board held a workshop on this issue on August 120'. At present, relocation assistance is not addressed in the Kent City Code, or other development regulations of the City. The Goals and Policies of the Comprehensive Plan Housing Element speak to the preservation and improvement of low-income housing, to include mobile home parks, and specifically refer to provision of tenant relocation assistance to low-income households in Policy H-6 6. "Where feasible, provide relocation assistance to low-income households, as outlined in the GAM " Further, the Comprehensive Plan Housing Element promotes community awareness of affordable housing resources The requirement of mobile home park owners seeking to change the land use of a park to prepare a relocation assistance report and plan for City review and approval also fulfills the intent of Goal H-7 and Policy H-7.1 Policy H-7.1 reads. "Promote education and guidance of low-and moderate-income households on f nancing assistance, home purchasing techniques, and assistance in locating affordable rentals " BACKGROUND History of Mobile Homes as Housine The "house trailer" came into existence in the 1910s as a variation on the car and truck products produced in the fledgling automobile industry Until the Great Depression, these ancestors of the mobile home were primarily used for vacation trips using the ascendant national automobile roadway system. The Great Depression saw many house trailers become traveling homes for families seeking stable employment prospects Many of these mobile families settled temporarily in areas near Jobs, water, food supplies, other mobile families, and main thoroughfares should immediate relocation be necessary. Sometime during World War II, a distinct divide of design and function was created between towed mobile, recreational vehicles, and prefabricated units that were mobile insofar as a factory was able to have a larger, finished dwelling product transported to a terminal location where wheels could be removed The "RV", or "camping trailer" was epitomized in its design by the aluminum tear drop-shaped Airstream Trailer, and designs for RVs since the 1930s have generally been accepted as fitting the functions appropriate to short-tenure vacation travelling The earliest prefabricated "mobile homes" were purchased and later built during World War II by the Federal government in response to the great need for temporary low-cost/low-rent housing located near war materiel factories such as Boeing, and food-producing regions like the Valley Floor. These mobile homes were forbidden for general public purchase during WWII (Kenneth T Jackson, Crabgrass Frontier, 261-262) Despite the acknowledged design and construction quality deficiencies, post-war public demand for legalized purchase and construction of such low-priced prefabricated "temporary" homes continued to increase with the growth in demand for cyclical (seasonal) agricultural and industrial labor, as well as military personnel Mobile home parks, perhaps originally sited during the Great Depression along major roadways as informal communities, became more permanent in these places, and were increasingly regulated in ways similar to newly developed single-family detached unit neighborhoods The City of Kent passed ordinances in 1962 (Nos 1118 and 1140) to limit the location of occupied mobile homes to newly-created Mobile Home Residential (MHR) zones Prior to 1974, the Mobile Home Park (MHP) Zoning District designation replaced the MHR Zoning District From a pure housing market standpoint,mobile units themselves successfully addressed a market demand for inexpensive housing that, without land ownership, acknowledged an American character feature of unrestrained mobility and choice A consequent transferal of primary household identity from real estate ownership in a defined neighborhood to ownership of personal property resulting from improvement of labor status is attributed to this unrestrained mobility (Samuel Davis, The Form of Housing (Van Nostrand, 1977), 217-218) Today, this observation could apply equally to all 'consumers' of housing and not mobile units alone Interestingly, some of the industrial prefabrication techniques mastered in producing "manufactured homes," as successors of yesterday's mobile homes are named today, have been applied to the standard development of similarly designed single-family detached unit Land Use and Planning Board Public Hearing Page 2 of 3 August 26,2002 subdivisions. Increasing quality standards for manufactured homes, in part a response to many federal, state and local development codes means increased costs to the consumers of this housing and a decrease in the affordability of this type of housing. Existing mobile home parks with older units provide the most affordable homeownership opportunities to senior citizens and low-income families Samuel Davis, practicing architect and chair of the UC-Berkeley Architecture Program, observed that in spite of negative judgments of their aesthetic value, and by extension, their social value, mobile home parks are cohesive communities of common interests (217). THE ORDINANCE The primary effect of the proposed ordinance is to require mobile home park owners to prepare a relocation assistance report and plan to be submitted for certification and approval by the City of Kent Housing & Human Services Manager prior to receiving any other approval decision Reports and plans would contain descriptive information about the current conditions of a mobile home park that is anticipated to close as a result of a proposed land use action The `current conditions' would include a census of spaces within the mobile home park to include, in as much detail as is volunteered by tenants of those spaces, information related to household characteristics (especially income level), space rent and utilities costs, terms of leases, and anticipated costs of relocating or removing an existing unit and/or relocating the household to an entirely different housing arrangement An anticipated schedule of the closure process, and an explanation of actions to be undertaken by the park owner to minimize the hardships suffered by relocating tenant households as a result of the closure of the mobile home park would also be part of relocation assistance reports and plans. The ordinance would also recognize the legal • authority of RCW Chapters 59.20 and 59.21 in regards to mobile home parks, closures, relocation assistance, and public notice for both landlords and tenants of mobile home parks These chapters and the ordinance are available for review in the Planning Services office In response to concerns raised by the Land Use and Planning Board at the August 12th workshop, the draft ordinance has been revised to include a section that will address appeals of decisions issued by the Housing and Human Services Manager WO/pm S\Pemut\Plan\LUPB\2002\Staff Reports%MHP-LUPBPublicHeanng_082602 doc CC Fred N Satterstmm,AICP,C D Director Charlene Anderson,AICP,Planning Manager Kim Marousek,AICP,Senior Planner Project File Land Use and Planning Board Public Hearmg Page 3 of 3 August 26,2002 ORDINANCE NO. i AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 12 01 040 and chapter 12 05 of the Kent City Code by adding provisions related to closure or change in use of mobile home parks I WHEREAS, the closure of mobile home parks creates a harm to the • public interest, health, safety, and general welfare through the displacement of low- income households and the possible loss of a significant personal property investment; and 1 WHEREAS, many tenants of long-established mobile home parks own dwelling units that could be determined by the Washington State Department of Labor and Industries to be incapable or ineligible for relocation from mobile home parks, and WHEREAS, many tenants of long established mobile home parks own ' dwelling units deemed unacceptable by other mobile home parks due to considerations of style, appearance, or condition and have difficulty finding vacant spaces due to the high demand for existing mobile home spaces, and it WHEREAS, the City of Kent Comprehensive Plan includes policy direction to provide relocation assistance to low-income households, where feasible, and 1 Mobile Home Closures WHEREAS, the City of Kent seeks to establish regulations for the closure or change in use of a mobile home park that will mitigate the effects on the tenants of the mobile home park, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS j SECTION 1. —Amendment Section 12.01 040 of the Kent City Code i is hereby amended as follows Sec. 12.01.040. Project permit application framework. A. Process types The following table lists the process types, the corresponding applications; and parenthetically, the corresponding final decision maker and appellate body I j 2 Mobile Home Closures Process! Process 11 Process 111 Process IV Process Process V1 Applications Zoning permit Administrative Conditional use Planned unit Final plat Zoning of review(1)(7) design review permit(5) (10) development(6) (6)(10) newly (1)(7) (10)with change annexed lands of use (6)(10) Performance Shoreline Sign variance(5) Area-wide standards substantial (10) rezonesto procedures(1) development implement (7) permit(1)(9) new city policies(6) 0 Sign permit(1) Accessory Special home Rezone(6)(10) Comprehensive (7) dwelling unit occupation plan amendmen permit(1)(7) permit(5)(10) (6)(10) Lot line Administrative Variance(5)(10) Development adjustment(1) vanance(l)(7) regulations(6) (7) (10) Administrative Downtown Shoreline Zoning map interpretation design review, conditional use amendments (1)(7) all except for permit(5) (9) (6)(10) minor remodels (3)(7) Application Downtown Shoreline Zoning text conditional design review, vanance(5)(9) amendments certification only minor (6)(10) tax exempts remodels(I)(7) tax exemption, (1)(9),all other multi-family tax exemption, (7) Development Multifamily Preliminary plat plan review design review (5) (8) (planning (1)(7) manager, building official,or public works director)(7) Admmistranve Binding site approval/WTF plan(2)(7) (1 7 Mobile Home Short Planned unit Park Closure subdivision(4) development(5) If 1)(7) (7) (10)wnhouta change of use (1)Final decision made by planning manager (7)Appeal to heating examiner (2)Final decision by binding site plan committee (9)Appeal to city council (3)Final decision made by downtown design review committee (9)Appeal to shoreline hearings board (4)Final decision made by short subdivision committee (10)No administrative appeals (5)Final decision made by hearing examiner (I 1)Final decision made by manager of (6)Final decision made by city council housing and human services i i 3 Mobile Home Closures B. Process procedures The following table lists the process types and the corresponding procedures Project Permit Applications(Processes I—V) Legislative Process 1 Process II Process III Process IV Process Process VI V Requires pre- Yes,for projects Yes,for protects Yes,for Yes No No application requiring SEPA requiring SEPA projects conference review review requiring SEPA review Nonce of Yes,for projects Yes,for protects Yes Yes No No application requiring SEPA requiring SEPA review review,short plans and shoreline substantial development permits Recommendation N/A N/A N/A Hearing N/A Land use and made by examiner planning board Final decision Planning Planning Hearing city council City City council made by manager, manager, examiner based upon council budding official, downtown design record made e pubhc works review before hearing director_r committee, examiner manager of binding site plan housme and committee or human services short subdivision as applicable committee,as noted in KCC 1201 140 Open record Yes,if appealed, Yes,if appealed, No No No No appeal then before then before hearing examiner hearing examiner Open record No No Yes,before Yes before No Yes,before Ian hearing- hearing hearing examiner use and plannm exdminer to to make board to make make final recommendation recommendano decision to council to city council, and/or before ci i council Reconsideration No No Yes,of Yes,of hearing No No heanng examiner's examiner's recommendation decision Closed record Only if appeal of Only if appealed, Only if No No No appeal denial of multi- then before the appealed, family shoreline then before conditional hearings board if the shoreline certificate,then applicable hearings before the city board if council applicable Judicial appeal Yes Yes Yes Yes Yes Yes I • 4 Mobile Home Closures SECTION Z — Amendment Chapter 12 05 of the Kent City Code is hereby amended to read as follows CHAPTER 12.05 MOBILE HOME PARKS See. 12.05.020. Purpose. The purpose of this chapter is to provide rules, regulations, requirements, and standards for the development, closure, and chang in use of mobile home parks in the city, insuring that the public health, safety, general welfare and aesthetics of the city shall be promoted and protected, that orderly growth, development, and the conservation, protection, and proper use of land shall be insured, that property provisions for all public facilities, including circulation, utilities, and services shall be made, that maximum advantage of site characteristics shall be taken into consideration and that conformance with provisions set forth in the city comprehensive plan, zoning code and subdivision code shall be insured Sec. 12.05.030. Scope. This chapter applies to any acquisition of land, improvement of land, or the development of land for mobile home park use This chapter applies to the closure or change in use of mobile home parks This chapter shall apply to all lands within the corporate boundaries of the city Where this chapter imposes greater restrictions or higher standards upon the development of land than other laws, ordinances, codes or restrictive covenants, the provisions of this chapter shall prevail Any expansion, reconstruction, or modification of an existing mobile home park shall comply with the I standards, specifications, and procedures of this chapter Any units brought into an existing mobile home park, any mobile home relocated on its own lot or onto any other lot, and any additions to the structure or structures present on any lot, e g , storage buildings, canopies, decks, patios, fences, etc , must comply with this chapter as well las all other applicable city codes and regulations 5 Mobile home Closures Sec. 12.05.040. Enforcement. A Inspection In regard to the closure or change in use of mobile home parks, it shall be the duty of the manager of housing and human services to enforce the applicable provisions of this chanter In regard to all of the remaining provisions of this chapter, lit shall be the duty of the building official to enforce aW he applicable provisions of this chapter after a final site plan has been approved The manager of housing and human services and the building official may inspect any mobile home park in order to verify compliance with this chapter Each mobile home shall be inspected when it is placed on a mobile home lot to insure that all setback, separation requirements, etc , are met. Such inspection shall be performed at the time such i mobile home is placed on the lot or as soon thereafter as is reasonably practicable Failure to make such inspection shall not constitute a waiver of any of the provisions of this chapter For inspection purposes, the manager of housing and human services and the building official or their l+s duly authorized representative shall have the right and is hereby empowered to enter any mobile home park B. Enforcement The code enforcement division of the fire department may i require a permit for the placement of a mobile home on a lot and may charge for such permit If, after due investigation, the building official determines that any provision of this chapter has been violated, the mobile home park owner shall have fourteen (14) j days to remedy the violations If the violations are not corrected within fourteen (14) days, the violations shall be forwarded to the city attorney for action under KCC 12 05.300, Penalties. If, after due investigation, the manager of housing and human Iservices determines that a provision of this chapter has been violated, enforcement action maybe taken under KCC 12 05 360 6 Mobile Home Closures Sec 12.05.320. Eviction notices for change of use or closure of a mobile home park. A Before a mobile home park owner may issue eviction notices pursuant to a closure or change of use under RCW Chapter 59 21 the mobile home nark owner must first submit to the housing and human services office a relocation report and nlan that meets the requirements of KCC 12 05 330 If applying for a change of use the mobile home park owner shall submit the relocation report and plan together with I all other necessary applications Once the manager of housing and human services determines that the relocation report and plan meets the requirements of KCC 12 05 330, the manager of housing and human services shall stamp his or her approval on the relocation report and plan and return a copy of the approved plan to the mobile home park owner If the manager of housing and human services determines that the relocation report and plan does not meet the requirements of KCC 12 05 330, the manager of housing and human services may require the mobile home park owner to amend or supplement the relocation report and plan as necessary to icomply with this chapter before approving it 7� B. No sooner than upon approval of the relocation report and plan the owner of the mobile home park may issue the twelve (12) month eviction notice to the mobile home nark tenants The eviction notice shall comply with RCW 59.20 080 and RCW 59 21030, as amended No mobile home owner who rents a mobile home lot may be evicted until the twelve (12) month notice period expires except pursuant to the State Mobile Home Landlord-Tenant Act Chapter 59 20 RCW Sec. 12.05.330. Relocation report and plan A The relocation report and plan shall describe how the mobile home park owner intends to comply with RCW Chapters 59 20 and 59 21 relating to mobile home relocation assistance, and with KCC 12 05 320 through 12 05 370 The relocation report and Plan must provide that the mobile home nark owner will assist each mobile home nark tenant household to relocate in addition to making any State or Federal required relocation payments Such assistance must include Providing tenants an 7 Mobile Home Closures inventory of relocation resources refemng tenants to altematrve public and private subsidized housing resources, helping tenants obtain and complete the necessary application forms for State-required relocation assistance, and helping tenants to move the mobile homes from the mobile home park Further, the relocation report and plan shall contain the following information- 1 The name, address, and family composition for each mobile home park tenant household, and the expiration date of the lease for each household; 2 The condition, size, ownership status, HUD and State Department of i Labor & Industnes certification status, and probable mobility of each mobile home occupying a mobile home lot, 3 Copies of all lease or rental agreement forms the mobile home park owner currently has in place with mobile home park tenants, 4. To the extent mobile home park tenants voluntanly make such information available, a confidential listing of current monthly housing costs, including rent or mortgage payments and utilities, for each mobile home park tenant household, 5 To the extent mobile home park tenants voluntanly make such information available, a confidential listing of gross annual income for each mobile home park tenant household; 6 An inventory of relocation resources, including available mobile home (spaces in King, Snohomish, Kitsap and Pierce Counties, 7 Actions the mobile home park owner will take to refer mobile home (park tenants to alternative public and pnvate subsidized housing resources; 8 Actions the mobile home park owner will take to assist mobile home park tenants to move the mobile homes from the mobile home park, 9 Other actions the owner will take to minimize the hardship mobile home park tenant households suffer as a result of the closure or conversion of the mobile home park; and 10 A statement of the anticipated timing for park closure 8 Mobile Home Closures B The manager of housing and human services may require the mobile home park owner to designate a relocation coordinator to administer the provisions of the relocation report and plan and work with the mobile home nark tenants the housing and human services office and other city and State offices to ensure compliance with the relocation report and plan and with State laws goveming mobile home park relocation assistance, eviction notification and landlord/tenant responsibilities. C The owner shall make available to any mobile home park tenant residin in n the mobile home park copies of the proposed relocation report and plan with confidential information deleted Within fourteen (14) days of the manager of housing and human service's approval of the relocation report and plan a copy of the approved relocation jreport and plan shall be mailed by the owner to each mobile home park tenant D The mobile home park owner shall update with the housing and human services office the information required under this section to include any change of circumstances occumng after submission of the relocation report and plan that affects the relocation report and plan's implementation Sec. 12.05.340. Certificate of completion of the relocation report and plan No mobile home park owner may close a mobile home park or obtain final approval of a comprehensive plan or zoning redesignation until the mobile home park owner obtains a certificate of completion from the housing and human services office The manager of housing and human services shall issue a certificate of completion only if satisfied that the owner has complied with the provisions of an approved relocation report and plan the eviction notice requirements of RCW 59 20 080 and 59 21 030, the relocation assistance requirements of RCW 59 2102 1 and any ladditional requirements imposed in connection with required city applications Sec. 12.05.350. Notice of provisions It is unlawful for any partyto sell lease or rent any mobile home or mobile home park rental space without providing a copy of any relocation report and plan to the prospective pi rchaser, lessee or renter, and advising the same in writing, of the 9 Mobile Home Closures provisions of KCC 12 05 320 through 12 05 370 and the status of any relocation report and plan. Sec. 12.05.360. Administration. The manager of housing and human services shall administer and enforce KCC 12 05 320 through 12 05 370. Whenever an owner or an owner's agent fails to comply with the provisions of KCC 12 05 320 through 12.05 370, the following may occur A. The manager of housing and human services may deny, revoke, or condition a certificate of completion, a permit, or another approval, B Any other appropnate city official may condition any permit or other approval upon the owner's successful completion of remedial actions deemed necessary by the manager of housing and human services to carry out the purposes of KCC 12 05.320 through 12 05 370 I� Sec. 12.05.370. Appeal. Any appeal from a determination of the manger of housing and human services i under KCC 12 05 320 A , 12 05 340, and 12 05 360.A., shall be an open record hearing filed within fourteen (14) days of the determination in accordance with the procedures established for Process I applications under KCC chapter 12 01 Sec. 12.05.380. Closure and government sponsorship. A. If an eminent domain action by a Federal, State or local agency causes closure of a mobile home park and the procedures set forth in the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U S C 4601 et seq , and the regulations of 49 CFR Part 24 or the Relocation Assistance — Real Property Acquisition Policy Act of Chapter 126 RCW and the regulations of Chapter 411-100 WAC are followed, the requirements of those acts and regulations will supersede the requirements of KCC 12 05 320 through 12 05 370 B If a condemnation action of the city causes closure of a mobile home park, the city will be responsible for fulfilling the requirements of the standards contained . I 10 Mobile Home Closures • herein If the city chooses to follow portions of the State act and regulations and the manager of housing and human services and the director of public works determine that there is a conflict or redundancy between the portions of the State act and regulations being followed by the city, and the standards contained herein, the State act shall take precedence in such areas of conflict or redundancy If the State act is followed in all respects, such act will supersede the requirements of this section and the standards contained herein SECTION 3. —Severability If anyone or more section, 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 I SECTION 4. —Effective Date This ordinance shall take effect and be in force thirty (30) days from and after passage as provided by law. JIM WHITE, MAYOR ATTEST i I IBRENDA JACOBER, CITY CLERK ;APPROVED AS TO FORM I • 'TOM BRUBAKER, CITY ATTORNEY 11 Mobile Home Closures PASSED day of 2002. APPROVED. day of 2002. PUBLISHED day of 2002 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\CrviPONinanccNlabdeHomdbsarc doc • II I • 12 Mobile Home Closures Chapter 59.20 RCW MANUFACTUREDIMOBILE HOME LANDLORD=TENANT ACT RCW 59.20.080. Grounds for termination of tenancy or occupancy or failure to renew a tenancy or occupancy—Notice—Mediation (1) A landlord shall not terminate or fall to renew a tenancy of a tenant or the occupancy of an occupant, of whatever duration except for one or more of the following reasons (a) Substantial violation, or repeated or periodic violations of the rules of the mobile home park as established by the landlord at the inception of the tenancy or as assumed subsequently with the consent of the tenant or for violation of the tenant's duties as provided in RCW 59 20 140 The tenant shall be given written notice to cease the rule violation immediately The notice shall state that failure to cease the violation of the rule or any subsequent violation of that or any other rule shall result in termination of the tenancy, and that the tenant shall vacate the premises within fifteen days PROVIDED, That for a periodic violation the notice shall also specify that repetition of the same violation shall result in termination PROVIDED FURTHER,That in the case of a violation of a"material change" in park rules with respect to pets, tenants with minor children living with them, or recreational facilities, the tenant shall be given written notice under this chapter of a six month period in which to comply or vacate, (b) Nonpayment of rent or other charges specified in the rental agreement, upon five days written notice to pay rent and/or other charges or to vacate, (c) Conviction of the tenant of a crime, commission of which threatens the health, safety, or welfare of the other mobile home park tenants The tenant shall be given written notice of a fifteen day period in which to vacate, (d) Failure of the tenant to comply with local ordinances and state laws and regulations relating to mobile homes, manufactured homes, or park models or mobile home, manufactured homes, or park model living within a reasonable time after the tenant's receipt of notice of such noncompliance from the appropriate governmental agency, (e) Change of land use of the mobile home park including, but not limited to, conversion to a use other than for mobile homes, manufactured homes, or park models or conversion of the mobile home park to a mobile home park cooperative or mobile home park subdivision PROVIDED, That the landlord shall give the tenants twelve months' notice in advance of the effective date of such change, except that for the period of six months following April 28, 1989, the landlord shall give the tenants eighteen months' notice in advance of the proposed effective date of such change, (f) Engaging in "criminal activity" "Criminal activity" means a criminal act defined by statute or ordinance that threatens the health,safety,or welfare of the tenants A park owner seeking to evict a tenant or occupant under this subsection need not produce evidence of a criminal conviction, even if the alleged misconduct constitutes a criminal offense Notice from a law enforcement agency of criminal activity constitutes sufficient grounds,but not the only grounds, for an eviction under this subsection Notification of the seizure of illegal drugs under RCW 59 20 155 is evidence of criminal activity and is grounds for an eviction under this subsection The requirement that any tenant or occupant register as a sex offender under RCW 9A 44 130 is grounds for eviction under this subsection If criminal activity is alleged to be a basis of termination,the park owner may proceed directly to an unlawful detamer action, (g) The tenant's application for tenancy contained a material misstatement that induced the park owner to approve the tenant as a resident of the park,and the park owner discovers and acts upon the misstatement within one year of the time the resident began paying rent, (h) If the landlord serves a tenant three fifteen-day notices within a twelve-month period to comply or vacate for failure to comply with the material terms of the rental agreement or park rules The applicable twelve-month period shall commence on the date of the first violation, (1) Failure of the tenant to comply with obligations imposed upon tenants by applicable provisions of municipal, county, and state codes, statutes, ordinances, and regulations, including chapter 5920 RCW The landlord shall give the tenant written notice to comply immediately The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within • fifteen days, 0) The tenant engages in disorderly or substantially annoying conduct upon the park premises that results in the destruction of the rights of others to the peaceful enjoyment and use of the premises The landlord shall give the tenant written notice to comply immediately The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days; (k) The tenant creates a nuisance that matenally affects the health, safety, and welfare of other park residents The landlord shall give the tenant written notice to cease the conduct that constitutes a nuisance immediately The notice must state that failure to cease the conduct will result in termination of the tenancy and that the tenant shall vacate the premises in five days, (1) Any other substantial lust cause that materially affects the health, safety,and welfare of other park residents The landlord shall give the tenant written nonce to comply immediately The notice must state that failure to comply will result in termmation of the tenancy and that the tenant shall vacate the premises within fifteen days,or (m) Failure to pay rent by the due date provided for in the rental agreement three or more times in a twelve-month period, commencing with the date of the first violation, after service of a five-day notice to comply or vacate (2) Within five days of a notice of eviction as required by subsection (1)(a) of this section, the landlord and tenant shall submit any dispute to mediation The parties may agree in writing to mediation by an independent third party or through industry mediation procedures If the parties cannot agree, then mediation shall be through industry mediation procedures A duty is imposed upon both parties to participate in the mediation process in good faith for a period of ten days for an eviction under subsection (1)(a)of this section It is a defense to an eviction under subsection (])(a)of this section that a landlord did not participate in the mediation process in good faith (3) Chapters 59 12 and 59 18 RCW govern the eviction of recreational vehicles from mobile home parks Chapter 59.21 RCW MOBILE HOME RELOCATION ASSISTANCE RCW 59.21.021. Relocation assistance—Eligibility after December 31, 1995—Amounts of assistance—First- come, first-serve basis (1) If a mobile home park is closed or converted to another use after December 31, 1995, eligible tenants shall be entitled to assistance on a first-come, first-serve basis Payments shall be made upon the department's verification of eligibility,subject to the availability of remaining funds (2) Assistance for closures occurring after December 31, 1995, is limited to persons who maintain ownership of and relocate their mobile home (3) Persons who maintained ownership of and relocated their mobile homes are entitled to up to seven thousand dollars for a double-wide home and up to three thousand five hundred dollars for a single-wide home (4) Any organization may apply to receive funds from the mobile home park relocation fund, for use in combination with funds from public or private sources, toward relocation of tenants eligible under this section Funds received from the mobile home park relocation fund shall only be used for relocation assistance RCW 59.21.030. Notice—Requirements Notice required by RCW 59 20 080 before park closure or conversion of the park,whether twelve months or longer, shall be given to the director and all tenants in writing, and posted at all park entrances A copy of the closure notice must be provided with all month-to-month rental agreements signed after the original closure notice date Notice to the director must include a good faith estimate of the timetable for removal of the mobile homes and the reason for closure Notice must also be recorded in the office of the county auditor for the county where the mobile home park is located • Kent City Council Meeting Date SeRember 17, 2002 Category Other Business 1. SUBJECT: 2002 KING COUNTY ARTS COMMISSION SUSTAINED SUPPORT GRANT—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: The King County Arts Commission has awarded the Kent Arts Commission a Sustained Support Grant in the amount of$12,000.00 for the first year of 2002-2003 grant cycle. Funds will support programs such as Kent Kid's Arts Day, Kent Summer Concert Series and Spotlight Series performances. 3. EXHIBITS: Copy of award letter and contract from King County 4 RECOMMENDED BY: Staff, Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES_ 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS. 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds To accept the $12,000.00 grant from the King County Arts Commission 2002 Sustained Support Program and amend the Kend Arts Commission's budget accordingly, as recommended by the Parks Committee. DISCUSSION: ACTION: Council Agenda Item No. 7C King County Office of Cultural Resources Arts Commission • Landmarks and Heritage Program • Public Art Program April 22, 2002 Ronda Billerbeck Kent Arts Commission 220 Fourth Avenue Kent, WA 98032-5895 Dear Ms beck� �vo �ql I am pleased to inform you that the King County Arts Commission has recommended your organization for inclusion in the 2002-2003 Sustained Support Program For 2002,Kent Arts Commission will receive an award in the amount of$12,000 Sustained Support recommendations are expected to go before the Metropolitan King County Council for review in May You will receive formal notification of your award following County Council's approval of the recommendations The Sustained Support program is set up to fund organizations for a period of two years, with the same award amount both years The second year of funding is subject to the 2003 budget allocation and so is not guaranteed--any percentage increase or decrease to the Sustained Support program's overall budget would be pro-rated among all participating organizations After approval of the recommendations by County Council, I will develop a contract for your award Enclosed is a Contracting Checklist, which will walk you through the process for contracting, invoicing, and payment of your award In the meantime,please complete and return the enclosed Contract Worksheet The award contract will cover one or more events or services occurring during the 2002 calendar year, and must include some form of public benefit (see definition on worksheet) Also enclosed is a KCAC logo sheet for use m marketing and program information (Please note recognition for Sustained Support should now use the KCAC Hotel/Motel Tax Fund logo Electronic versions of this logo are avatlable) If you have any questions about the above information please feel free to contact me I can be reached at 206-296-8677 or lara holman@metrokc gov Thank you for your participation in this program, and congratulations on your award' Sincerely, Lava Hon Program Coordinator King County Arts Commission 506 Second Avenue, Room 200 • Seattle,WA 98104-2307 (206) 296-7580 • (206) 296-8629 FAX • (206) 296-7580 V/FTY • www mctrokc.gov/cxec/culturc King County Contract No. D31668D Contractor's Federal Taxpayer ID No. Department/Division Executive/ Cultural Resources Agency Kent Arts Commission Project Title 2002 programs Contract Amount$ 12,000 Fund Code H/M—Sustained Support Contract Period From: 01/01/02 To: 12/31/02 KING COUNTY AGENCY SERVICES CONTRACT - 2002 THIS CONTRACT is entered into by KING COUNTY (the "County"), Kent Arts Commission, whose address is 220 4th Ave S, Kent WA 98032-5995 (the "Contractor") WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by Motion No. 1 1501 NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows I. DURATION OF CONTRACT This Contract shall commence on the I"day of Janua , 2002, and shall terminate on the 315` day of December, 2002, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract II. COMPENSATION AND METHOD OF PAYMENT The County shall pay Agency a total of S 12,000 for completion of the services and requirements specified in Exhibit A , attached III. EVALUATIONS, RECORDS AND INSPECTIONS A The Contractor shall provide right of access to its facilities, at all reasonable tames in order to monitor and evaluate the services provided under this Contract. The County will give advance notice to the Contractor in the case of an audit to be conducted by the County AG SERVICES 2002 SHORT FORM Page 1 of 3 B. The Contractor shall maintain accounts and records, including personnel, property, financial, programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all contract funds and compliance with this Contract If State funding is awarded in conjunction with this project, these records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40 14, or unless a longer retention period is required by law. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Contract. The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit by the County during the performance of this Contract C The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42 17 IV. ASSIGNMENT/SUBCONTRACTING The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim ansing pursuant to this Contract without the written consent of the County Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of(i) support services not related to the subject matter of this Contract, or(n) supplies V. TERi<7(INATION This Contract may be terminated by the County without cause, in whole or in part,prior to the date specified in Section 1, by providing the Contractor thirty(30) days advance written notice of the termination. The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible If expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section II, the County may, upon written notification to the Contractor, terminate this Contract in whole or in part. Funding under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract Should such appropriation not be approved,this Contract will terminate at the close of the current appropriation year AG SERVICES 2002 SHORT FORM Page 2 of 7 The Contractor may terminate this Contract upon thirty(30) days written notice, should the County commit any material breach of this Contract VI. FUTURE SUPPORT The County makes no commitment to support the services Contracted for herein and assumes no obligation for future support of the activity Contracted herein except as expressly set forth in this Contract. V1I. HOLD HARMLESS AND INDEMNIFICATION The Contractor agrees to protect,defend, and indemmfy the County, its officers,officials, employees and agents from any and all costs, claims,judgments and/or awards of damages, ansing out of or in any way resulting from the activities associated with this Contract,by the Contractor, its employees, representatives, volunteers and/or agents. In the event the County incurs any costs including attorneys fees to enforce the provisions of this article, all such costs and fees shall be recoverable from the Contractor VIII. INSURANCE By the date of execution of this Contract, the Contractor shall, for the duration of this Contract, procure, maintain and provide evidence of coverage for the applicable insurance required as outlined below General Liability: Coverage shall be at least as broad as Insurance Services Office form number(CG 00 01 Ed 11-88) Commercial General Liability, in the amount of at least $1,000,000 combined single limit per occurrence King County, its officers, officials, employees and agents shall be included or endorsed as an additional insured Automobile Insurance In the event the performance of this Contract requires the use of an automobile, automobile liability coverage in compliance with the statutory requirements of the State of Washington is required Workers' Compensation Coverage. When applicable, evidence of Workers' Compensation coverage in compliance with the statutory requirements of the State of Washington shall be provided By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. AG SERV 7-ES 2002 SHORT FORM Page 3 of 7 IX. NONDISCRIMINATION A. King County Code Chapters 12.16 and 12,18 are incorporated by reference as if fully set forth herein and such requirements apply to this Contract, provided however, that no specific levels of utilization of minorities and women in the workforce of the Contractor shall be required, and the Contractor is not required to grant any preferential treatment on the basis of race, sex, color, ethnicity or national origin in its employment practices, and provided further that, notwithstanding the foregoing, any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the contract document shall continue to apply. The Contractor shall not discriminate against any person on the basis of race, color, creed, religion, sex, age, nationality, mantal status, sexual orientation, or the presence of any sensory,mental or physical disability in an otherwise qualified disabled person in employment. The Contractor shall not violate any of the terms of RCW Chapter 49.60, Title VII of the Civil Rights Act of 1964, or any other applicable federal, state or local law or regulation regarding nondiscrimination in employment B. During performance of this contract, the Contractor agrees that it will not engage in unfair employment practices as defined by King County Code, Chapter 12 18 The Contractor agrees that it shall not discriminate against, nor tolerate harassment of, any employee or applicant for employment because of race, color, creed,religion, sex, age, nationality, marital status, sexual onentation, or the presence of any sensory, mental or physical disability in an otherwise qualified disabled person The Contractor will take affirmative action to ensure that applicants and employees are treated without regard to their race, color, creed, religion, sex, age, nationality, marital status, sexual orientation or the presence of any sensory,mental or physical disability in an otherwise qualified disabled person. Such affirmative action shall include, but not be limited to, the following employment,upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices setting forth the provisions of this nondiscrimination clause C. The Contractor will, prior to commencement and during the term of this Contract, furnish the County, upon request and on such forms as maybe provided by the County, a report of the affirmative action taken by the Contractor in implementing the terms of this provision, and will permit access by the County to the Contractor's records of employment, employment advertisements, application forms, other pertinent data and records for the purpose of monitoring and investigation to determine compliance with this contract D Failure to implement and carry out the obligations outlined in this section in good faith may be considered by the County a material breach of this Contract and may be grounds for cancellation, termination, or suspension of the Contract, withholding payment, or invoking the enforcement provisions of K C C 12 16 which provides for penalties, liquidated damages, or other remedies. AG SERVICES 2002 SHORT FORM Page 4 of 7 E As required by King County Code Chapter 12 16, the Contractor shall provide the County with assurance of their compliance with the provisions of Section 504 of the Federal Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990. The Contractor shall complete and maintain in its office a Section 504 self evaluation and corrective action plan. An assurance of compliance, contained in the corrective action plan, must be signed, notarized and submitted to the County before the Contract will be signed by the County. F. In addition to the general prohibition against discrimination stated above, the following nondiscrimination provisions relating to employment of persons with disabilities shall apply to the Contractor: 1 Reasonable Accommodation The Contractor shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified disabled applicant or employee unless the Contractor can demonstrate that the accommodation would impair or cause undue hardship on the operation on the Contractor's business 2. Pre-employment inquiries. The Contractor may not conduct a pre-employment medical examination or make a pre-employment inquiry as to whether an applicant is a disabled person or as to the nature or seventy of a disability. The Contractor may, however, make a re-employment inquiry into an applicant's ability to perform job-related functions. Nothing in this section shall prohibit the Contractor from conditioning an offer of employment on the results of a medical examination prior to initiation of the employment if all entering employees are subject to such an examination regardless of disability. X. MINORITY AND WOMEN BUSINESS PARTICIPATION It is the County's policy that minority and women business enterprises (MWBEs) shall have the maximum practicable opportunity to participate in the performance of contracts for the County. In this regard, the Contractor is encouraged to make affirmative efforts to utilize firms certified by the Washington State Office of Minority and Women's Business Enterprises as subcontractor and suppliers in the event subcontracting or participation of firms other than the Contractor becomes necessary the performance of this Contract The Contractor may contact the County's Minority and Women Business Enterprise Division to explain any work to be contracted and to obtain a listing of MWBEs which may be interested in performing such subcontract work XI. CONFLICT OF INTEREST King County Code Chapter 3 04 is incorporated by reference as if fully set forth hence, and the Contractor agrees to abide by all conditions of said chapter Failure by the Contractor to comply with any requirement of said chapter shall be a material breach of contract AG SERVICES 2002 SHORT FORM Page 5 of 7 A. The Contractor covenants that no officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein shall have any personal financial interest, direct or indirect, in this Contract The Contractor shall take appropriate steps to assure compliance with this provision B If the Contractor violates the provisions of Subsection XVIII (A) or does not disclose other interest required to be disclosed pursuant to King County Code Section 3 04, the County will not be liable for payment of services rendered pursuant to this Contract Violation of this Section shall constitute a substantial breach of this Contract and grounds for termination pursuant to Section XI above, as well as any other right or remedy provided in this Contract or law. XII. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the electron or defeat of any candidate for public office XIII. NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive officer of the Contractor and the director/manager of the County department/division specified on page 1 of this Contract XIV. CONTRACT AMENDMENTS Either party may request changes to this Contract Proposed which are mutually agreed upon shall be incorporated by written amendments to this Contract XV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Contractor shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each document printed on recycled paper bears an imprint identifying it as recycled paper If the cost of recycled paper is more than fifteen percent higher than the cost of non-recycled paper, the Contractor may notify the Contract Administrator, who may waive the recycled paper requirement The Contractor shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical at the fulfillment of this Contract AG SERVICES 2002 SHORT FORM Page 6 of l XVL ENTIRE CONTRACTIWAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded Both parties recognize that time is of the essence in the performance of the provisions of this Contract Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract County: Contractor: FOR , King County Executive Si ature Date Name(Please type or print) rry ke Title(Please type or pnnt) Approved as to Form. OFFICE OF THE KING COUNTY Date / PROSECUTING ATTORNEY March 7,2001 AG SERVICES 2002 SHORT FORM Page 7 of 7 EXHIBIT A SCOPE OF SERVICE Oent Arts Commission and the King County Office of Cultural Resources mutually agree that the following services be provided in accordance with the application and contract work sheet submitted to and approved by the King County Arts Commission Partial support for 2002 programs, including: Spotlight Series performing arts series, Kent Kids'Arts Day, a hands-on art festival for youth held in March; Kent Student Art Exhibit, displaying youth artwork throughout businesses in downtown Kent in March, Spring into Art performing arts series for youth and families in March- May, Kent Summer Concert Series, featuring 17 free outdoor concert performances in July-August, Canterbury Faire, an arts and heritage festival held in August, Kent's Fourth of July Splash, featuring performances and hands- on arts activities; and a residency with Missoula Children's Theatre in August Events and programs are open and publicized to the community Amount S12,00000 For artist fees and program expenses Payable upon completion, submittal of invoice and documentation regarding. • Final budget, actual • Completion of evaluation form • Final report of program activities • Programs, brochures, flyers if available BLIC BENEFIT Over 1,000 free tickets for Kent Kids'Arts Day are available for distribution to economically disadvantaged families Over 15,000 community arts newsletters are distributed free of charge Free performance tickets are available for community groups and organizations Admission to selected performances is offered free of charge. Financial scholarships are available for classes and workshops for selected students. Educational programming includes lectures, workshops and other free outreach activities offered in conjunction with performances PUBLICITY/PROMOTION POLICY Prominent acknowledgment of King County is required of all recipients for use in all publicity and promotional materials, including,but not limited to brochures, press releases,programs, posters, public service announcements, flyers and advertisements The following graphic is recommended. King County Arts Commission Hotel/Motel Tax Fund Final payment will not be made until acknowledgment is submitted on printed material. • Kent City Council Meeting Date September 17, 2002 Category Bids I. SUBJECT: S. 196s' STREET CORRIDOR LANDSCAPING IMPROVEMENTS - AWARD 2. SUMMARY STATEMENT: Bid opening for this project was held on September 9"' with five bids received. The low bid as submitted by D L. Asahara Co., Inc. in the amount of$70,782.00. The Engineer's estimate was $77,834.00. The Public Works Director recommends awarding this contract to D. L. Asahara Co., Inc. 3. EXHIBITS: 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ $70,782.00 SOURCE OF FUNDS R90092 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds To award the S. 196 h Street Corridor Landscaping Improvements contract to D.L. Asahara Co., Inc. DISCUSSION ACTION: Council Agenda Item No. 8A COMMUNITY DEVELOPMENT Mike H Martin, Deputy Chief Administrative Officer PUBLIC WORKS DEPARTn1EN9 Don E Wickstrom, P E Public Works Director Phone 253-856-55(10 Fax 253-S56-6500 NO T Address 220 Fourth A%enuc S W.siiearae Kent,AA 9SO32-SS95 Date September 17, 2002 To Mayor,& City Council From Don Wickstrom, Public Works Director Subject S 196th Street Corridor Landscaping Improvements Bid opening for this project was held on September 9th with five bids recen ed The low bid was submitted by D L Asahara Co . Inc in the amount of S70,782 00 The Engineer's estimate was S77.83400 The Public Works Director recommends awarding this contract to D L Asahard Co , Inc Bid Summary D L Asahara Co , Inc $70,7S2 00 Grade, Inc $80,730 99 A-1 Landscaping & Construction, Inc $83,809 00 L W' Sandstrom, Inc SS7,020 62 Buckley Nursery Co , Inc $101,573 50 Engineer's Estimate S77.834 00 MOTION COnneilmeniber moves, Councihnember seconds that the S 196th Street Corridor Landscaping Improvements contract be awarded to D L Asahara Co , Inc for the low bid amount of$70,782 00. 196th t endscipmg