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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/21/2003 AGEN DA City of Kent City Council Meeting Agenda • October 21 , 2003 Mayor Jim White Councilmembers Judy Woods, Council President Tim Clark Julie Peterson Connie Epperly Bruce White Leona Orr Rico Yingling KEN T WASHINGTON City Clerks Office SUMMARY AGENDA KENT CITY COUNCIL MEETING KEN T October 21, 2003 WASHINGTON Council Chambers 7:00 p.m. MAYOR: Jim White COUNCILMEMBERS: Judy Woods, President Tim Clark Connie Epperly Leona Orr Julie Peterson Bruce White Rico Yingling 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4. PUBLIC COMMUNICATIONS A. Economic Development Update B. Proclamation—Make A Difference Day C. Proclamation—Domestic Violence Awareness Month D. Soos Creek Water and Sewer District Presentation 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting —Approve B. Payment of Bills—Approve C. Memorandum of Consent to Collaborate on Solid Waste Issues—Authorize D. FY 2003 Bureau of Justice Administration Ballistic Vest Program Grant—Accept and Amend Budget E. 2003/04 Agreement with Kent School District for School Liaison Officer— Authorize F. Excused Absence for Councilmember Peterson—Approve G. 132nd Avenue SE Improvements/132nd Avenue SE & Kent Kangley Intersection Improvements—Accept as Complete H. Pacific Highway HOV, 2002 Storm Drainage—Accept as Complete I. Reith Road Water Main Improvements—Accept as Complete J. West Fork Soosette Creek Culvert Contracts—Accept as Complete K. Kent Parks Foundation Donation for the Spotlight Series—Accept and Amend Budget L. Sponsorship Donation from Boeing for the Spotlight Series—Accept and Amend o� Budget M. Fee-In-Lieu of Funds for Clark Lake Park—Accept and Amend Budget N. Grant from Interagency Committee for Outdoor Recreation for East Hill "X" Park—Accept and Amend Budget O. 2004 CDBG Consolidated Action Plan—Approve (continued next page) SUMMARY AGENDA CONTINUED 7. OTHER BUSINESS A. Morgan's Place Rezone RZ-2002-6 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES AND STAFF 10. REPORTS FROM SPECIAL COMMITTEES 11. CONTINUED COMMUNICATIONS A • GQ ►�" - 12. EXECUTIVE SESSION f� �f•-t A. P, operty Acquisition B, Yro ffr4 q Arcbu i Sr hm 13. ACTION AFTER EXECUTIVE SESSION A. Impoundment Reservoir—Declare as Surplus and Authorize Mayor to Sign Purchase and Sale Agreement—Resolution 14. 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. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) ECONOMIC DEVELOPMENT UPDATE B) PROCLAMATION-MAKE A DIFFERENCE DAY C) PROCLAMATION-DOMESTIC VIOLENCE AWARENESS MONTH D) SOOS CREEK WATER AND SEWER DISTRICT PRESENTATION CONSENT CALENDAR 6. City Council Action: "" Councilmember a v j moves, Councilmember (OQAJ4:.- seconds to approve Consent Calendar Items A through Oeo aV►1 c&a Discussion Action Mc 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of October 7, 2003. 6B. Approval of Bills. Approval of payment of the bills received through September 30 and paid on September 30 after auditing by the Operations Committee on October 7, 2003. Approval of checks issued for vouchers: Date Check Numbers Amount 9/30/03 Wire 1511-1522 $ 956,307.18 9/30/03 Prepays& 553574 948,301.84 9/30/03 Regular 554259 1,736,894.90 $3,641,503.92 Approval of checks issued for payroll for September 1 through September 15 and paid on September 19, 2003: Date Check Numbers Amount 9/19/03 Checks 272680-272960 $ 234,781.49 9/19/03 Advices 153339-153994 1,153,642.15 $1,388,423.64 Approval of checks issued for payroll for September 16 through September 30 and paid on October 3, 2003: Date Check Numbers Amount 9/18/03 Intenm Check 272961 $ 370.58 $ 370.58 10/3/03 Checks 272962-273240 $ 225,084.92 10/3/03 Advices 153995-154648 1,155,349.74 $1,380,434.66 Council Agenda Item No. 6 A-B 40 • \S7 KENT Kent City Council Meeting W A 5 M I N G T O N October 7, 2003 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.(CFN-198) CHANGES TO AGENDA A. From Council, Administration or Staff. (CFN-198) Councilmember White removed Item K from the Consent Calendar for discussion. B. From the Public. (CFN-198) Continued Communications Item I IA and I I were added at the request of members of the audience. PUBLIC COMMUNICATIONS A. Emplovee of the Month. (CFN-147) Mayor White announced that Heather Martin and Heather McIntosh, both maintenance workers in the Water Quality Division of Public Works, have been named October Employees of the Month. B. Fire Prevention Week. (CFN-155) The Mayor declared the week of October 6-12, 2003, as Fire Prevention Week in the City of Kent. C. Introduction of Appointees. (CFN-198) Mayor White introduced his appointees to the Kent Arts Commission and Diversity Advisory Board. PUBLIC HEARINGS A. Surplus of Impoundment Reservoir Property. (CFN-745) This date has been set for the public hearing to receive comments on the possible surplus of the City's Impoundment Reservoir property. Nathan Torgelson, Economic Development Manager, explained the history of the project, and the Mayor opened the hearing. Bob O'Brien, 1131 Seattle St., urged the Council to retain the property and build a dam. Ted Kogita, 25227 Reith Road, said if the land is sold, the money should be used to pay for the pipeline in Tacoma. There were no further comments from the audience and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. CONSENT CALENDAR WOODS MOVED to approve Consent Calendar Items A though Z, with the exception of K Peterson seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular meeting of September 16, 2003, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received and paid August 31,2003, was approved. Payment of the bills received and paid September 15, 2003, was approved. C. Kent/Des Moines Joint Use Stormwater Detention/Treatment Facility Agreement. (CFN-1038) The Mayor was authorized to sign the Kent/Des Moines Joint Use Stormwater Detention/Treatment Facility Agreement to construct a joint detention/treatment pond on Kent owned property subject to the City Attorney's and the Public Works Director's concurrence. 1 Kent City Council Minutes October 7, 2003 D. Condemnation Ordinance, Right of Wav for 228th Street Extension Project. (CFN-1285) Condemnation Ordinance No. 3660 for the purpose of acquiring a portion of 228 Street north of the Kent Highlands Landfill, was adopted. E. 104th Avenue SE Raising Project. (CFN-1038) The 104`h Ave SE Raising project was accepted as complete and release the retainage to Rodarte Construction, Inc. upon standard releases from the state and release of any liens,was approved. F. Annexation for 277th Street, Ordinance. (CFN-1286) Ordinance No. 3661 for the purpose of annexing certain territory along 277th Street for municipal purposes, was adopted. G. LID 357, 120th Place SE Sanitary Sewers, Formation Ordinance. (CFN-1284) Ordinance No. 3662 that(1) orders the construction of a sanitary sewer system in the vicinity of 120'' Place SE in accordance with Resolution No. 1651, (2) establishes Local Improvement District("LID") 357 in order to carry out the proposed improvements, (3) provides for payment of the improve- ments in part by special assessment, and (4)provides for the issuance and sale of LID warrants, was adopted. H. Cluster Housing Zoning Code Amendment(ZCA-2003-2) Ordinance. (CFN-131) Ordinance No. 3663 approving#ZCA-2003-2, providing for cluster subdivisions in single family residential zoning districts,was adopted. 1. Binding Site Plan, Subdivision Code Amendment (SCA-2003-1) Ordinance. (CFN-131) Ordinance No. 3664 approving#SCA-2003-1, adding a new section to Kent City Code("KCC") 12.04 to establish a binding site plan process for the division of commercially and industrially zoned land, and consolidating KCC 12.07 (Binding Site Plans for Condominiums) into KCC 12.04, was adopted. J. Owest Conditional Use Permit Appeal Findings, Conclusions and Decision Resolution. (CFN1262) Resolution No. 1655, approving the Findings of Fact, Conclusions of Law, and Decision of the Kent City Council, sitting as a quasi-judicial body, which sustained the Hearing Examiner's Findings, Conclusions and Decision issued on May 10, 2002,regarding the Qwest Conditional Use Permit Appeal brought by Paul Morford in his individual capacity, was adopted K. REMOVED BY COUNCIL MEMBER WHITE Matricula Consular Identification. (CFN-198) Approval of this item would acknowledge and recognize the Mexican Consular Identification Card as a valid form of identification for City services and recommend that private agencies and institutions within the City also accept the card when doing so will not conflict with state or federal law. Council member White opined that this seems to be discriminatory and a financial burden to the City, and urged the Council not to approve it. Without disputing White's findings, Martin explained that the item had been advanced for worthy reasons such as helping get children enrolled in school. PETERSON MOVED to send the issue to the Public Safety Committee for further study. White seconded and the motion carried. L. 2003-2008 Economic Development Strategic Plan Resolution. (CFN-825) Resolution No. 1656 approving the 2003-2008 City of Kent Economic Development Strategic Plan which sets forth a strategic economic agenda for the City and its business and community partners, was adopted. 2 Kent City Council Minutes October 7, 2003 M. 2003 PC Replacement Plan. (CFN-1172) The Mayor was authorized to sign the purchase orders for replacement computers and vendor services not to exceed $106,654 pending City Attorney approval of contract documents. N. City Beverages Sponsorship for Spotlight Series. (CFN-118) The $750.00 sponsorship from City Beverages in support of the Spotlight Series was accepted and the Kent Arts Commission budget was amended. O. 2004 Washington State Arts Commission Grant for Canterbury Faire. (CFN-118) The $6,000.00 grant from the Washington State Arts Commission in support of the Canterbury Faire, was accepted and the Kent Arts Commission's budget was amended. P. Kent Civic Performing Arts Board Sponsorship for Spotlight Series. (CFN-118) The $5,000.00 sponsorship from Kent Civic and Performing Arts Center Board of Directors in support of the 2003-2004 Spotlight Series was accepted and the Kent Arts Commission's budget was amended. Q. 2003-2004 Washington State Arts Commission Grant for Canterbury Faire. (CFN-118) The$7,500.00 grant from the Washington State Arts Commission was accepted and the Canterbury Faire budget was amended. R. Interagencv Committee For Outdoor Recreation Grant for Morrill Meadows Park. (CFN-118) The $275,660.00 grant from the IAC in support of Morrill Meadows Park acquisition was accepted and the Land Acquisition budget was amended. S. King County Public Health Department Donation for the Walking Guide. (CFN-118) The $2,000.00 from Seattle and King County Public Health Department in support of the Walking Guide was accepted and the operating budget was amended T. Interaeency Committee For Outdoor Recreation Grant for Valley Floor Community. (CFN-118) The $216,750.43 grant from the IAC in support of the Valley Floor Community Park acquisition was accepted and the Land Acquisition budget was amended. U. Kine Conservation District Grant for Campus Park Reforestation Project. (CFN-118) The $950.00 grant from Conservation District Number 9 in support of the Campus Park Reforestation Project was accepted and the Native Plants budget was amended. V. Bureau of Justice FY2003 Local Law Enforcement Block Grant. (CFN-122) The Bureau of Justice FY 2003 Local Law Enforcement Block Grant (LLEBG) was accepted and establishment of budget documents authorized. W. Stewart Zonine Code Amendment (ZCA-2003-4) Ordinance. (CFN-131) Ordinance No. 3665 approving #ZCA-2003-4 amending the nonconforming use regulations of the zoning code regarding drive-up banking facilities in the Downtown Commercial zoning district, was adopted. X. Kingsley Glen Minor Plat Alteration. (CFN-1272) Kingsley Glen Plat Alteration#PTA- 2003-1 and authorization for the Mayor to sign the revised plat mylar was approved. 3 Kent City Council Minutes October 7, 2003 Y. Kent Arts Commission Appointments. (CFN-839) The Mayor's appointment of Ms. Cass Brotherton to serve as a member of the Kent Arts Commission, and the re-appointment of Ms. Lilly Kato, Ms. Charlene Shaw, and Mr. Greg Worthing to continue to serving as members of the Kent Arts Commission was confirmed. Z. Diversity Advisory Board Re-Appointments. (CFN-1127) The Mayor's re-appointments of Ms. Joyce Drake, Ms. Charlene Shaw and Mr. Steven Kato to continue serving as members of the Kent Diversity Advisory Board was confirmed. REPORTS A. Council President. (CFN-198) Woods reminded Councilmembers of special workshops on the budget at 5:00 p.m. on October 14 and 28, as well as regular workshops on the budget on October 21 and November 4. E. Planning Committee. (CFN-198) Orr noted that the next meeting will be held at 3:00 p.m. on October 21 st. F Parks Committee. (CFN-198) Woods noted that the next meeting will be held at 4 00 p.m. on October 14. G. Administrative Reports. (CFN-198) Martin noted that there will be an Executive Session of approximately 30 minutes regarding property acquisition, with no action anticipated. CONTINUED COMMUNICATIONS A. Kent Station. (CFN-171) Bob O'Brien, 1131 Seattle St., asked who is now handling the Kent Station project. Martin explained that Langley's portion is complete and Tarragon's portion has begun. B. Police Issues. (CFN-122) Peter Serletti, 23540 58th Ave. So., expressed concern about speeding tickets and a quota system. EXECUTIVE SESSION (CFN-198) The meeting recessed to Executive Session at 7:38 p.m., and reconvened at 8:50 p in. ADJOURNMENT (CFN-198) At 8:50 p.m. WOODS MOVED to adjourn. Orr seconded and the motion carved. Brenda Jacober, CMC City Clerk 4 Kent City Council Meeting Date October 21, 2003 Category Consent Calendar 1. SUBJECT: MEMORANDUM OF CONSENT TO COLLABORATE ON SOLID WASTE ISSUES —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to execute the Memorandum of Intent to Collaborate on Solid Waste Issues. The King County Executive has made a variety of proposals affecting the solid waste utility which may impact the rights and responsibilities of the 3 S cities with existing interlocal contracts for solid waste transfer and disposal services with King County. In response to potential impacts, many cities have entered into a Memorandum of Intent. This Memorandum of Intent will allow the cities to collaborate together in developing an integrated regional policy to address issues affecting solid waste transfer and disposal services. 3. EXHIBITS: Memorandum of Intent 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $9.270.55 SOURCE OF FUNDS: Public Works Environmental Fund 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C 3 LAW DEPARTMENT Tom Brubaker, City Attorney Phone.253-856-5770 Fax 253-856-6770 K E N T Address 220 Fourth Avenue S WASHINGTON Kent,WA 98032-5895 DATE: October 7, 2003 TO: Operations Committee FROM: Brett C.Vinson, Assistant City Attorney SUBJECT: Memorandum of Intent to Collaborate on Solid Waste Issues MOTION: I move to recommend that this item be placed on the Consent Calendar for the October 21, 2003, Council Meeting approving the agreement and recommending it for the Mayor's signature. SUMMARY: The King County Executive has made a variety of proposals affecting the solid waste utility which may have the effect of impacting the rights and responsibilities of the 38 cities with existing mterlocal contracts for solid waste transfer and disposal services with King County In considering the potential impacts of these proposals on cities and on ratepayers, the cities wish to realize the efficiencies and cost savings in collaboration, in addition to the benefit of integrated policy decisions for the region Some cities have chosen to exercise a review and renegotiation term in the existing interlocal contracts with a 2003 anniversary date Many issues arising under the Executive's proposals may be discussed and resolved within the context of the review and renegotiation process Cities without currently effective review and renegotiation terms wish to take advantage of the opportunity to develop potential contract changes that will be of equal benefit to them Cities may wish to consider other collaborative actions, such as a request to King County or to the State Department of Ecology for reopening of the comprehensive plan, formal input to the Metropolitan King County Council directly or through the Regional Policy Committee, or development of alternatives or options for solid waste transfer and disposal services Suburban Cities Association, through its board of directors, has sanctioned this collaboration as dealing appropriately with both policy and administrative issues raised by the Executive's proposals and recommends participation by all cities with contracts with King County for solid waste transfer and disposal services. Any city receiving solid waste transfer and disposal services from King County may participate in this project by concurrence of their legislative body and/or mayor. No membership in Suburban Cities Association is required to participate in this project EXHIBITS: Memorandum of Intent to Collaborate on Solid Waste Issues RECOMMENDED BY: Staff BUDGET IMPACT: $9,270.75 1 4 MEMORANDUM OF INTENT TO COLLABORATE ON SOLID WASTE ISSUES 1. Context and Purpose The King County Executive has made a variety of proposals affecting the solid waste utility which may have the effect of impacting the rights and responsibilities of the 38 cities with existing interlocal contracts for solid waste transfer and disposal services with King County In considering the potential impacts of these proposals on cities and on ratepayers, the cities wish to realize the efficiencies and cost savings in collaboration, in addition to the benefit of integrated policy decisions for the region Some cities have chosen to exercise a review and renegotiation term in the existing interlocal contracts with a 2003 anniversary date. Many issues arising under the Executive's proposals may be discussed and resolved within the context of the review and renegotiation process Cities without currently effective review and renegotiation terms wish to take advantage of the opportunity to develop potential contract changes that will be of equal benefit to them Cities may wish to consider other collaborative actions, such as a request to King County or to the State Department of Ecology for reopening of the comprehensive plan, formal input to the Metropolitan King County Council directly or through the Regional Policy Committee, or development of alternatives or options for solid waste transfer and disposal services. Suburban Cities Association, through its board of directors, has sanctioned this collaboration as dealing appropriately with both policy and administrative issues raised by the Executive's proposals and recommends participation by all cities with contracts with King County for solid waste transfer and disposal services. This memorandum sets out the roles and responsibilities, processes and goals for the collaboration, hereafter'the project'. 2. Roles and Responsibilities 2.1 Participating Cities -Any city receiving solid waste transfer and disposal services from King County may participate in this project by concurrence of their legislative body and/or mayor. No membership in Suburban Cities Association is required to participate in this project Participating cities are expected to. 21 1 act in good faith in support of this project and its goals for a period of six (6) months, until December 31, 2003, including contribution to costs, 21 2 communicate to the principal work groups described here the city's interests and issues in the solid waste delivery system, including potential solutions, 2.1.3 refrain from separate negotiations with any county staff or elected officials on these matters, without prior notice to the other participating cities; 2 1 4 identify one or more individuals to serve on the Solid Waste Oversight Group and identify possible participants in the SWPAG and SWNG, described below 2.2 Solid Waste Oversight Group — Each participating city will identify one or more staff to serve on the Solid Waste Oversight Group. These individuals are expected to, 2 2 1 elicit policy direction, interests and issues from their city's elected officials and convey it to the SWPAG and SWNG, described below; MEMORANDUM OF INTENT TO COLLABORATE REGARDING SOLID WASTE ISSUES Page 1 of 5 5 2 2 2 review materials associated with this project, attend meetings where needed and give feedback to the SWPAG and SWNG, where needed, 2 2 3 report to their city's mayors, councils or staff, as may be required, included presenting policy materials or potential contracts for discussion and action 2.3. Solid Waste Policy Advisory Group— After soliciting input from participating cities, the officers of SCA will identify six to eight elected officials to serve as the SWPAG and will identify these officials to all participating cities. These elected officials do not have to be from SCA member cities The SWPAG shall include elected officials with the following interests* • at least one official serving on the Regional Policy Committee, • at least one official from a city with a future contract anniversary date, • at least one official from a city without a transfer station, • at least two officials from cities with transfer stations The SWPAG will• 2.3 1 oversee the work of the Solid Waste Negotiating Group for purposes of ensuring consistency with project goals, including approval of the team lead and approval of any resource contracts, 2 3 2 communicate with other city elected officials with interests in this issue, including individual city councils, mayors and the SCA Management Board, as may be appropriate; 2 3 3 where consistent with the group strategy being executed by the SWNG, communicate with county elected officials, including the County Executive and County Councilmembers, as may be required 2.4 Solid Waste Negotiating Group — The three participating cities with the highest population may, at their option, appoint a staff member to serve on the SWNG Then ,the officers of SCA, after soliciting input from the participating cities and concurrence of supervisors, will identify a staff team of no more than seven members, including any appointees from the most populous participating cities, and identification of the team lead The Solid Waste Negotiating Group will• 2 4.1 create a timeline, identifying cumulative issues, outcomes desired and strategies for accomplishing those outcomes, representing cities in the review and renegotiation process; 2.42 work with the SWPAG and county staff and elected officials, agree to a meeting schedule and timeline that ensures that the parties' mutual interests, at both the executive and legislative level, can be dealt with simultaneously, 2.43 reciprocally communicate with the SWOG and with the SWPAG, consistent with the roles of those groups; 2.44 provide support and assistance to the SWPAG, to the extent that elected officials must communicate with county elected officials on these issues, 245 provide for the identification, selection and contracting for any support services deemed necessary to the effort and approved by the SWPAG, through the fiscal agent. MEMORANDUM OF INTENT TO COLLABORATE REGARDING SOLID WASTE ISSUES Page 2 of 5 6 3. Budget, Coordination and Timeline 3.1 Budget: An assessment of $80,D000 will be made to support this collaboration, and apportioned to participating cities according to OFM April 2003 population figures This assessment will cover the cost of all anticipated support services for this collaboration, which will be primarily in the form of legal support or advice The Suburban Cities Association will act as the fiscal agent for the purposes of this collaboration, consistent with its fiscal powers under RCW 24 03 and its articles of incorporation SCA will not use its assessment authority under its Bylaws, Article VII, unless later determined by the Management Board and approved by a majority of the membership, as provided therein Any balance remaining after completion of the project will be returned to the cities proportionately. 32 Coordination: SCA will act as coordinating agent and will keep protect documents, including the following records for the project, available to all participating cities 3.21. Financial records, including any contracts for service, 32.2. Current communications lists, email group, fax and phone information for all participants in the collaboration, SWOG, SWPAG, SWNG; 3.23. An 'essential parties' list, including contact information for negotiating personnel from all parties, contract resources and constituent groups; 324. A list of all calendared meetings and records of notices to affected parties, 32.5. An index of all documents created or distributed through the effort, including electronic copies of such documents, where available 33 Timeline: The SWNG will develop a timeline, identifying milestones for reports to SWPAG and SWOG, anticipating resolution of all issues within six (6) months, or by December 31, 2003 Should that date pass with issues outstanding, then the SWNG will present to the SWPAG and SWOG the reasons for the delay and a plan for bringing the protect to completion 4. Goal. Outcomes and Work Products 41 Goal: The goal of this project is to ensure that plans and action for future solid waste transfer and disposal services are in the best interest of the ratepayers and the region, whether undertaken by King County, the cities or other entities. 4.2 Outcomes and Work Products: Each outcome for this project will be will be accompanied by a written work product. Initially, expected outcomes are as follows 4.21 Agreement on amendments or revisions to the interlocal contract with King County which are acceptable to both cities and to the county, 42.2 Agreement on amendment or revisions to the comprehensive plan which may be needed in light of the executive's proposals or agreements concerning the mterlocal contract; 42.3 Development of options or alternatives for solid waste transfer and disposal which may be available in the future, and the conditions under which cities should consider exercising those options. MEMORANDUM OF INTENT TO COLLABORATE REGARDING SOLID WASTE ISSUES Page 3 of 5 7 I have read the Memorandum of Intent to Collaborate on Solid Waste Issues and agree to its terms on behalf of my city. I understand that my city is not obligated to accept any contract terms that may be produced during this protect and that the elected officials of my jurisdiction have sole authority to accept or reject any contract terms As a participating city, I commit to fulfilling the responsibilities described in Section 2.1 Mayor/Manager/Administrator City Printed Name Date P 1Gvi11FILES1OpenFiks107921MemolntentSW Issues dw MEMORANDUM OF INTENT TO COLLABORATE REGARDING SOLID WASTE ISSUES Page 4 of 5 8 CITY POPULATION $ 0.034 �_$- 0.110, MAYOR CMICAO Bellevue 107,500 $ 3,665750 $ 11,82500 Marshall Sarkory Kent 64,275 $ 2,873.78 $ 9,27025 White Martin Federal Way 83,850 $ 2,85929 $ 9,22350 Burbidge Moseley Renton 53,840 $ 1,83594 $ 5,92240 Tanner Covington Shoreline 53,250 $ 1,815 63 $ 5,85750 Jepsen Burkett Redmond 46,040 $ 1,56996 $ 5,06440 Ives Kirkland 45,790 $ 1,56144 $ 5,03690 Springer Ramsay Auburn (Part) 43,970 $ 1,49938 $ 4,83670 Lewis Sammamish 34,660 $ 1,18191 $ 3,81260 Kilroy Yanci Buren 31,810 $ 1,08472 $ 3,49910 Woo Long Des Moines 29,510 $ 1,00629 $ 3,24610 Steenrod Piasecki SeaTac 25,320 $ 86341 $ 2,78520 Brennan Rayburn Mercer Island 21,955 $ 74867 $ 2,41505 Merkle Conrad Kenmore 19,180 $ 65404 $ 2,10980 Chase Anderson Tukwila 17,270 $ 58891 $ 1,89970 Mullet Berry Bothell (part) 16,330 $ 55685 $ 1,79630 Merrill Thompson Maple Valley 15,040 $ 51286 $ 1,65440 iddings Starbard Covington 14,395 $ 49087 $ 1,58345 Sullivan Dempsey Issaquah 13,790 $ 47024 $ 1,51690 Frisinger Kos LakeForPark 12,860 $ 43653 $ 1,41460 Hutchinson Haines Enumclaw 11,195 $ 1,23145 Wise Bauer Woodinville 9,215 $ 31423 $ 1,01365 Hageman Rose Newcastle 8,205 $ 27979 $ 90255 Dulcich Takata Normandy Park 6,395 $ 21807 $ 70345 Harris MacReynold Pacific(part) 5,405 $ 18431 $ 59455 Erickson Duvall 5,190 $ 17698 $ 57090 Nixon Wise North Bend 4,735 $ 161.46 $ 52085 Simpson Martinez Snoqualmie 4,210 $ 14356 $ 46310 Fletcher Black Diamond 4,015 $ 13691 $ 44165 Botts Paulsen Medina 3,010 $ 10264 $ 33110 Becker Schulze Clyde Hill 2,895 $ 98.72 $ 31845 Martin Wasserman Algona 2,525 $ 8610 $ 27775 Wilson Carnation 1,905 $ 6496 $ 20955 Lisk Yarrow Point 1,010 $ 3444 $ 111A0 Berry Milton(part) 815 $ 2779 $ 8965 Asay Hunts Point 455 $ 1552 $ 5005 McConkey Beaux Arts 295 $ 1006 $ 3245 Lowry Skykomish 215 $ 733 $ 2365 Mackner $ $ Total costs 24,675 78 80,830 75 B42,325 MEMORANDUM OF INTENT TO COLLABORATE REGARDING SOLID WASTE ISSUES Page 5 of 5 Kent City Council Meeting Date October 21, 2003 Category Consent Calendar 1. SUBJECT: FY 2003 BUREAU OF JUSTICE ADMINISTRATION BALLISTIC VEST PROGRAM GRANT—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Operations Committee, accept the grant award which provides up to fifty percent of the costs of bulletproof vests and prepare the budget documents. This grant award covers up to four years beyond the award date. This program funds up to fifty percent of the costs of bulletproof vests for police officers. The Kent Police Department replacement schedule complies with the industry standard for bulletproof vest replacement, which is five years. 3. EXHIBITS: Copy of Bulletproof Vest Partnership application, Bureau of Justice Assistant and copy of e-mail dated 6/30/03 announcing grant approval 4. RECOMMENDED BY: Operations Committee 10/7103 (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda. Item No. 6D 9 POLICE DEPARTMENT Ed Crawford, Chief of Police Phone 253-856-5888 0 Fax 253-856-6802 KENT Address 220 Fourth Avenue S WASH INGTON -- Kent,WA 98032-5895 DATE: October 7, 2003 TO: Operations Committee SUBJECT: Kent Police Department requests authorization to accept the FY 2003 Bureau of Justice Administration Ballistic Vest Program Grant MOTION: I move to recommend that this item be placed on the Consent Calendar for the October 21, 2003 Council Meeting accepting the grant award and to establish budget documents as needed SUMMARY: This grant award fundmg covers up to four years beyond the award date This program funds up to fifty percent of bulletproof vest costs for police officers The Kent Police Department replacement schedule complies with the industry standard for bulletproof vest replacement, which is five years EXHIBITS: Copy of Bulletproof Vest Partnership application, Bureau of Justice Assistance Copy of email dated 6/30/03 announcing grant approval BUDGET IMPACT. None BACKGROUND: The funding is available electronically on a reimbursement basis upon proof of purchase. Operations Committee Subject Bureau of Justice-Vests Date October 7,2003 10 Text Version is t ftftarot 14 D-WAbVent a aAd•I9 YM 41 A% QO Log In 1 3 Easy Steps 1 Let's Get Started i What's New I Program Resources I Help Central Search 2002 Fundina ResuMare now available and can be viewed by state. 44*The 2003 BVP program is open between March 03, 2003 and May 02, 2003. New Users Deadline Countdown to May 02r 2003 Find out how to 17 Days left until the 2003 Application Submission Period Apply here. ends. Existing Users Funding For Vest Purchases Username The Bulletproof Vest Grant Acts of 1998 (Public Law 105-181) and 2000 (Public Law 106-517)assist States (includes the District of Columbia, Puerto Rico, US Virgin Islands, American Samoa, Guam and the Northern Marina Islands), units of Password local government, and Indian tribes, in obtaining funds to purchase ballistic and stab vests for their law enforcement officers Any vest purchased after March 1, 1999 that meets applicable National Institute of Justice standards is eligible for Login funding, using an electronic, Internet-based application and payment request process. The entire process of obtaining federal funds Is completed through this web site. Forgot Funding Limitations Password? The Bulletproof Vest Partnership (BVP) Grant Act of 2000 provides funding priority for Jurisdictions with populations under 100,000 Based upon availability of funds, Logout these smaller jurisdictions will receive the full 50% of requested funds in approved applications For larger jurisdictions with populations at or over 100,000, the program will pay up to 50% of each applicant's total vest costs, based upon any remaining funds. Specific funding levels for larger jurisdictions will be determined once all applications have been submitted. Given the projected number of eligible Jurisdictions and the limited funds available, the BVP may not have sufficient funds to provide 50%for applications from larger jurisdictions. It is strongly recommended that jurisdictions and law enforcement agencies not order vests contained in their application until approved by the U.S. Department of Justice (DO]), unless they have sufficient resources to cover initial costs and any potential shortfall that may result if less than 50% is provided by DOI. For the FY 2002 approved applications, larger jurisdictions received 5% of their requested 50% maximum. The Bulletproof Vest Partnership Program was the Internet-Based Solution winner of the 1999 Intergovernmental Open Systems Soluion GoldAwardl [Disclaimer] (Privacy and Security Notice] [Freedom of Information Act] ;,, altrzrnnnz 11 Leroy, Debra From: Thompson,Jdene Sent: Monday,June 30,2OD3 12.43 PM To: Leroy, Debra Subject: FW. FY2003 BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM FUNDING ANNOUNCEMENT FYI -----Original Message----- From: Banister, Jan Sent: Monday, June 30, 2003 11:26 AM To: Miller, Chuck; crawford, Ed; Kern, Mary Ann Subject: Fw: FY2003 BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM FUNDING ANNOUNCEMENT. -----original message----- From: vests@ojp.gov [mai Ito:vests@ojp.gov] sent: Monday, June 30, 2003 10:01 AM TO: JWHITE@CI.KENT.WA.US Subject: FY2003 BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM FUNDING ANNOUNCEMENT. on behalf of Assistant Attorney General Deborah Daniels and the Bureau of Justice Assistance CBJA) , it is my pleasure to officially announce that KENT CITY's application for the 2003 Bulletproof vest Partnership Grant Program has been approved in the amount of $12945.42. This amount represents the maximum federal funds available. These funds may be used to pay up to 50% of the cost of approved vest purchases. BJA is proud of its success in partnering with state and local law enforcement byy providing resources to departments for the purchase of protective body armor. since this program began in 1999, BJA has provided $118 million to support the purchase of more than 400,000 vests nationwide. In the near future, you will be notified when this year's funding is available for direct, online payment requests. Additional information about program requirements will also be forthcoming. if you need an immediate assistance, please call our technical support team toll—Free at 1-877-758-3787. Thank you. sincerely, C. Camille Cain (Acting) Director, BJA 1 Kent City Council Meeting Date October 21, 2003 Category Consent Calendar 1. SUBJECT: 2003/04 AGREEMENT WITH KENT SCHOOL DISTRICT FOR SCHOOL LIAISON OFFICER—AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Operations Committee, authorize the Mayor to sign an agreement with the Kent School District School for the School Liaison Officer. The Kent Police Department will provide the full-time services of a police officer to the Kent School District for the purpose of assisting the district with the training, organization, and direction of school security. This agreement is effective September 1, 2003 through August 31, 2004. 3. EXHIBITS: Agreement 4. RECOMMENDED BY: Operations Committee 10/7/03 (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: i Council Agenda Item No. 6E 13 POLICE DEPARTMENT Ed Crawford, Chief of Police Phone 253-856-5888 K E N T Fax. 253-856-6802 w,,s H w o r o w Address 220 Fourth Avenue S Kent,WA 98032-5695 DATE: October 7, 2003 TO: Operations Committee SUBJECT: Kent Police Department requests approval of Agreement 2003/04 between the City of Kent and the Kent School District for the School Liaison Officer. MOTION: I move to recommend that this item be placed on the Consent Calendar for the October 21, 2003, Council Meeting approving the agreement and recommending it for the Mayor's signature. SUMMARY: This is a renewal agreement effective September 1, 2003,through August 31, 2004. EXHIBITS: Agreement 2003/04, signed by Kent School District Superintendent BUDGET IMPACT None BACKGROUND: The Kent Police Department shall provide the full-time services of a police officer to the Kent School District for the purpose of assisting with the training, organization, and direction of school security. Operations Committee Subject KSD Agreement • Date October 7,2003 14 AGREEMENT 2003/04 THIS AGREEMENT is made and entered into by and between the City of Kent, by and through the Kent Police Department, hereinafter referred to as the "department', and the Kent School District, hereinafter referred to as the "district." WHEREAS, the school liaison officer is employed by the City of Kent Police Department as a law enforcement officer,holding the rank of officer therein and WHEREAS, the district desires to improve school security and provide a safe, secure environment for its students and staff, and WHEREAS, the district desires to contract with the City of Kent for the full-time services of one police officer to act as the school liaison officer. NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the parties hereto mutually agree as follows: 1. TERM The agreement shall be effective on September 1, 2003, through August 31, 2004, subject to any prior termination as provided herein and unless extended by written agreement of parties hereto. 2. DUTIES OF THE DEPARTMENT The department shall provide the full-time services of a police officer to the district for the purpose of assisting with the training, organization,and direction of school security Such services shall include,but not be limited to: a Assist in the development and implementation of ongoing training programs to produce highly trained career-onented school security personnel. b. Assist in the establishment of a communication network between school security personnel. c. Develop a daily routine that ensures high visibility to Kent School District staff, student, and community d Assist in the development of standardized operational procedures manual for school security personnel. e. Support the district security supervisor in his/her role as a liaison with city and county law enforcement officers. f. Prepare daily reports. g. Assist in the establishment of emergency operation procedures for buildings h Help establish and maintain security procedures focused on prevention of problems in schools and the community. i. Help foster an attitude, which promotes a safe school environment. j. Conduct investigations on behalf of the school district. k. Help diffuse conflicts. Pagel of5 1 15 1. Contact truant children and their parents. in. Transport students with behavioral problems to their homes or other designated locations. n On occasion, have the ability to work flexible hours o Other duties as mutually agreed upon by the Kent School District and police agency. The Kent Police Department shall provide the use of radio, and uniform to the school Matson officer to perform the duties of the school liaison officer. The Kent School District shall provide a cellular phone to the school liaison officer. 3. CONSIDERATION In consideration of those services provided under this agreement, the district shall reimburse to the department its full payment of salary for the school liaison officer, including all benefits and all increases to said salary or benefits during the period of service to the district herein. The district shall pay said reimbursement amount upon submission by the department of a monthly invoice. 4. WORK SCHEDULE The school liaison officer shall be on duty as the school liaison officer from 7 00 a.m. (0700 hrs)to 5.00 p.m. (1700 hrs) Tuesday through Friday during the term of this agreement, subject to paragraph 2(n), or hours and days agreed upon by the district, department, the bargaining unit for the Kent police officers, and the officer providing the services. 5. OVERTIME Costs associated with overtime shall be paid by the district, except the costs associated with overtime for Friday training at the Kent Police Department or any other department functions not relating to school district business will be paid by the department. 6. BACKUP The school liaison officer will respond to and backup the Kent School District security personnel as needed. The school liaison officer may respond to and backup other City of Kent police officers when necessary. 7. AGREEMENTS OUTSIDE OF THIS AGREEMENT This agreement contains the complete agreement between the parties and shall, as of the effective date hereof, supersede all agreements, either written or oral, between the parties. The parties agree that neither of them has made any representation with respect to the subject matter of this agreement or any representations, including the executing and delivery hereof, except such representations as are specifically set forth herein, and each of the parties hereto acknowledge that it has relied on its own judgment in entering into this agreement. 8. MODIFICATION No waiver or modification of this agreement or any covenants, conditions, or limitations herein contained shall be valid unless in writing and duly executed by the parties to be charged therewith; and no evidence of any waiver of modification shall be offered or received in evidence of any proceeding or litigation between the parties hereto arising out of or affecting this agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing duly executed as aforesaid; and the parties further agree that the provisions of this section may not be waived except as herein set forth. 0 Page 2 of 5 2 16 9. TERMINATION OF AGREEMENT This agreement may be terminated without cause at any time by mutual agreement of the parties hereto, or by either party after sixty (60) days following the other party's receipt of a written intent to terminate Each party shall have the right to cancel and immediately terminate this agreement without prior notice upon breach of the agreement by the other party. In the event of termination under this section, the department will be entitled to receive, to the date of such termination on a prorated basis, the compensation as set forth in section 3, above 10. EMPLOYMENT OBLIGATIONS OF PARTIES The department agrees to pay to the school liaison officer the full salary and benefits, including all increases to said salary and benefits, accruing to him as an employee of the department during the period of his services herein. Additionally, the department agrees to extend to the officer, all rights, privileges, and benefits attendant to and resulting from his employment by the department, including any and all promotional opportunities otherwise available to him The department further agrees that upon completion and conclusion of the officer's service herein, and in the absence of any promotion or upgrading in classification which has occurred during the duration of the agreement, he/she will be returned and be reinstated to the department at the same or equal commissioned rank or position which he held on the beginning date of this agreement. The district agrees to provide input during the evaluation period and documentation as necessary with regards to the officer's performance during the officer's period of service herein and as required by the department Issues relating to evaluation of performance or changes to the school liaison program shall be coordinated through the officer's supervisor. The school liaison officer's performance records are completed and maintained at the Kent Police Department. The district agrees to permit the officer to attend and testify at court proceedings pursuant to subpoena if the officer must appear in court pursuant to subpoena on matters unrelated to his services under this contract, the district shall not be obligated to pay for such court time. 11. TRAINING The district agrees to permit the school liaison officer to attend regular training sessions at the department. The district shall provide training to the school liaison officer on school in service days. District employees may be permitted to use department training facilities under the direct supervision of the school liaison officer and the training staff at the department training center. 12. INDEMNIFICATION To the extent permitted by law, the school district shall defend, indemnify and hold harmless the city and its officer, agents and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising out of any act or omission of the school district, its officers, agents, and employees or any of them relating to or ansing out of the performance of the agreement, however, the school district shall not defend, indemnify or hold the city harmless from any claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s) or the negligence of the city, its officers, agents and employees or any of them In any action which the school district defends the city, the school district shall have the right to select counsel, however, the city may associate additional counsel at the city's own expense. If final judgment be rendered against the city and the school district and their respective officer, agents and employees, or any of them, the school district shall satisfy the same; however, in the event that the final judgment contains any award for injury, damage or loss Page 3 of 5 3 17 of any kind caused by the intentional act(s) or the sole negligence of the city, its officers, agents and employees or any of them, the city shall pay that portion of the judgment. In executing this agreement, the city does not assume liability or responsibility for, or in any way release the school district from any liability or responsibility which arises in whole or in part from the existence or effect of school district polices, rules, or regulations if any cause, claim, suit, action, or administrative proceeding is commenced in which the enforceability and/or validity of any such school district policy, rule, or regulation is at issue, the school district shall defend the same at its sole expense and if judgment is entered or damages are awarded against the school district, the city or both, the school district shall satisfy the same, including all chargeable costs and attorney's fees. The city shall defend, indemnify and hold harmless the school district and its officers, directors, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, out of any act or omission of the city, its officers, agents and employees, or any of them in the performance of this agreement; however, the city shall not defend, indemnify, or hold the school district harmless from any claims, actions or suits for injury, damage, or loss of any kind caused by either intentional act(s) or the sole negligence of the school district, its officers, directors, agents, and employees or any of them In any action which the city defends the school district, the city shall have the right to select counsel; however, the school district may associate additional counsel at the school district's own expense. If final judgment contains any award for injury or loss of any kind caused by the intentional act(s) or the sole negligence of the school district, its officers, directors, agents, and employees or any of them, the school district shall pay that portion of the judgment. 13. MEDICALMEALTH AND WORKERS' COMPENSATION BENEFITS In the event of any injury to, or the illness or death of, the school liaison officer while acting in performance of this agreement, the department agrees to extend to the school liaison officer medical/health and workers' compensation benefits and other compensation,to the same extent and in the same manner as in such injury, illness, or death had occurred during work assignment in and for the department. The district shall have no obligation to provide the school liaison officer with any workers' compensation or other benefits. 14. VENUE STIPULATION This agreement shall be construed as having been made and delivered with the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this agreement or any provision hereto shall be instituted in King County,Washington. 15.ASSIGNMENT Each party to this agreement stipulates that the agreement is one for personal services and accordingly neither party hereto may assign, sublet,or transfer any interest in this agreement. 16. COMPLIANCE WITH LAWS The parties hereto agree to comply in carrying out the terms of this agreement with all applicable federal, state, and local laws, ordinances, and regulations, including but not necessarily limited to, the laws pertaining to civil rights and laws pertaining to the district and the department 17. CONTRACT ADMINISTRATION The parties shall each appoint representatives to review contract performance and resolve problems which cannot be dealt with by the city's liaison officer and the school district security director. Page 4 of 5 4 18 Each party shall notify the other in writing of its designated representatives The contract administrators will meet as needed,but at least annually,with either party authorized to call additional meetings with ten(10)days written notice to the other 18. NOTICES All notices given herein shall be in writing and shall be sent by registered mail to the parties at their recognized business addresses. 19. HEADINGS The article headings contained to this Agreement are mscrted solely as a matter of convenience and for reference and in no way do they define,limit,or describe the scope or intent of the provisions of this agreement. IN WITNESS WHEREOF, the parties have affixed their signature on the dates below KENT SCHOOL DISTRICT CITY OF KENT Barbara Grohe, Supermtendent Jun White,Mayor Date 9— ip — Date 9/9/03 1mh Page 5 of 5 5 Kent City Council Meeting Date October 21, 2003 Category Consent Calendar 1. SUBJECT: EXCUSED ABSENCE FOR COUNCILMEMBER PETERSON— APPROVE 2. SUMMARY STATEMENT: Approve an excused absence from the October 21, 2003 City Council meeting for Councilmember Peterson. 3. EXHIBITS: Memo 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: S SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F • OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 • Address 220 Fourth Avenue S ENT Kent,WA 98032-5895 K WASHINGTON DATE: October 14, 2003 TO: Council President Judy Woods City Councilmembers FROM: Julie Peterson, Councilmember SUBJECT: Excused Absence I would like to request an excused absence from the October 21, 2003 City Council meeting. I will be unable to attend. Thank you for your consideration. i Kent City Council Meeting Date October 21, 2003 Category Consent Calendar 1. SUBJECT: 132ND AVENUE SE IMPROVEMENTS1132ND AVENUE SE & KENT KANGLEY INTERSECTION IMPROVEMENTS — ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the 132"d Ave SE Improvements/132"d Ave SE & Kent Kangley Intersection Improvements project as complete and release the retainage to Scarsella Brothers upon standard releases from the state and the release of any liens. The original contract amount was $1,143,143.43. The final contract amount was $1,126,061.77. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G Kent City Council Meeting Date October 21, 2003 Category Consent Calendar 1. SUBJECT: PACIFIC HIGHWAY HOV, 2002 STORM DRAINAGE—ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Pacific Highway HOV—2002 Storm Drainage project as complete and release the retainage to SCI Infrastructure upon standard releases from the state and the release of any liens. The original contract amount was $1,524,546.84. The final contract amount was $1,411,234.69. 3. EXHIBITS• None • 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H Kent City Council Meeting Date October 21, 2003 Category Consent Calendar 1. SUBJECT: REITH ROAD WATER MAIN IMPROVEMENTS —ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Reith Road Water Main Improvements project as complete and release the retainage to Kar-Vel Construction upon standard releases from the state and the release of any liens. The original contract amount was $212,289.96. The final contract amount was $167,151.72. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I • Kent City Council Meeting Date October 21, 2003 Category Consent Calendar 1. SUBJECT: WEST FORK SOOSETTE CREEK CULVERT CONTRACTS— ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the West Fork Soosette Creek Culverts Contract as complete and release the retainage Utility Vault Company upon standard releases from the state and the release of any liens. The original contract amount was $189,268.48. The final contract amount was $189,268.48. 3. EXHIBITS• None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: • ACTION: Council Agenda Item No. 6J • Kent City Council Meeting Date October 21, 2003 Category Consent Calendar 1. SUBJECT: KENT PARKS FOUNDATION DONATION FOR THE SPOTLIGHT SERIES—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Parks Committee, accept the $750.00 sponsorship from The Kent Parks Foundation in support of the Spotlight Series and amend the Kent Arts Commission budget Kent Parks Foundation will sponsor a portion of the "Spotlight on Arts" in-school educational element of the Kent Arts Commission's Spotlight Series of performing arts events in 2004. The total amount of$750.00 will be used to support the presentation of educational activities in Kent elementary and middle schools by offsetting the expenses of producing an elementary school music assembly by chamber music duo, The Chvatal Kritzer Duo. 3. EXHIBITS: Copy of check from Kent Parks Foundation 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REOUIRED: Revenue of$750.00 SOURCE OF FUNDS: Kent Parks Foundation 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K r i `oBe(�70n25, l !S J OtJ 3 DATE PAY TO THE 'ORDER OF RS 1� Valley Bank 14100.767-= FOR �Arrf S aitJd f is i 2 5 L06 7081: 20 27m,00083 in' /Lam/IiaMU rkciN PAY TO THE DATE CO V� ORDE OF � Valley Bank Rs KW%WA FOR �: 12 5 106 7081: 20 2 7",0008 3 1ii• r Kent City Council Meeting Date October 21, 2003 Category Consent Calendar 1. SUBJECT: SPONSORSHIP DONATION FROM BOEING FOR THE SPOTLIGHT SERIES —ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Parks Committee, accept the $2,250.00 grant from Boeing in support of the Spotlight Series and amend the Kent Arts Commission's budget. Boeing will sponsor two performances in the Kent Arts Commission's Spotlight Series of performing arts events. The total amount of$2,250.00 will be used to support the presentation of a classical music concert by the Chvatal Kritzer Duo in February 2004 and"JuggleMania," a performance of circus arts for youth and family audiences in April 2004. The funds will be applied to artistic fees for the performers. 3. EXHIBITS: Award letter and copy of check from Boeing 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: Revenue of$2,250.00 SOURCE OF FUNDS: Boeing 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6L iu The Boeing Company P O Box 3707 Seattle,WA 98124-2207 September 22, 2003 Mark Hendrickson Cultural Programs Coordinator Kent Arts Commission 220 4th Ave. S. Kent WA, 98032 BOE/A/G Dear Mr. Hen rl�kson: I am pleased to send the enclosed check, in the amount of $2,250, on behalf of The Boeing Company. This check represents our sponsorship of the Chvatal Kritzer Duo on February 13,2004 and Rhys Thomas on April2, 2004. Should you wish to publicize this contribution and need assistance with obtaining a company logo, banner or an ad page, please contact Susan Bradley of our Communications Department. Susan can be reached at 206-766-2907. Due to the volume of inquiries we receive, please provide one month's notice for advertising and program copies. Logo requests can typically be accommodated with a one week notice. A tax acknowledgment statement appears on the endorsement side of the enclosed check. If your organization provided goods or services for this donation or if you have any questions, please contact me at(206) 544-1750. We wish you much success. Sin erely, Ca arin Leslie Sponsorship Investments Specialist, NW Region Arts, Culture, Civic& Environment Community& Education Relations cc: Susan Bradley Shaunta Hyde Dave Peeples Please bookmark:boeing.can/companyoffices/aboutus/community/guideNnes.htm - • N • •)lKell-141 In I • BBA(IT COWMAC7iDVIA BANK AND TRUST CCP@ABS, N.A..IBiffiiVZLLB, BC LHEGX MAKER 091070 09/18/2003 08962190 PAY THE SUM OF $2,250 DOLLARS AND 00 CENTS $**********2,250.00* TO THE RENT ARTS COMMISSION ORDEROF 1 Ip08962i90115 1:0 5 3 109084C1r0i3607 005787 -�� v,u t s��-co. `431� Kent City Council Meeting Date October 21, 2003 Category Consent Calendar 1. SUBJECT: FEE-IN-LIEU OF FUNDS FOR CLARK LAKE PARK—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Parks Committee, accept the $740.00 fee-in-lieu of funds from the Pineridge subdivision and amend the Clark Lake Park Management Plan budget. From July through September 2003, the City of Kent received a total of$740.00 from the Pineridge subdivision who voluntarily paid a fee-in-lieu of dedicating parkland to mitigate the development of single family homes. The City has five years from the date of deposit to spend these funds for park acquisition, development or open space. Funds are used at a park closest to the subdivision. 3. EXHIBITS: JDE Revenue 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REOUIRED: Revenue of$740.00 SOURCE OF FUNDS: Fee-in-Lieu of funds from Pineridge Subdivision 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6M 14� vl a a m N N O � O N m mW C a CM n E � c O _o N O 9 C Y w N (p w m Nr C � Y m U � � O � a `m m N IL R g o 0 0 0 0 o C G C E a Y o, � o a � � y c c � a J C N L m Y E rn 0 N O � u u o a wE R a v o g p a N �+ ao � tJ9 m l9 m Kent City Council Meeting Date October 21, 2003 Category Consent Calendar 1. SUBJECT: GRANT FROM INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION FOR EAST HILL "X" PARK—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Parks Committee, accept the $465,000.00 grant from the Interagency for Outdoor Recreation and amend the East Hill "X" Park budget. Washington state re-appropriated funding from the Interagency Committee for Outdoor Recreation and awarded the City of Kent $465,000.00 for the East Hill "X" Park. The funds will be used to acquire property and develop the two-acre park on the east hill of Kent. Park amenities will include two climbing structures, skate board area, BMX half pipe, restroom/picnic shelter and parking. 3. EXHIBITS: Copy of IAC Agreement#01-1230C 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REOUIRED: Revenue of$465,000.00 SOURCE OF FUNDS: Interagency for Outdoor Recreation (IAC) 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6N iy Interagency Committee for Outdoor Recreation �e6 `o, Salmon Recovery Funding Board 360/902-3000 — 360/902-2636 360/902-3026(tax) r 360/902-3026(fax) email-mfo@iac.wa.gov yt 1e� fl email salmon 0tac wa gov STATE OF WASHINGTON OFFICE OF THE INTERAGENCY COMMITTEE 1111 Washington Street SE PO Box 40917 September 5, 2003 Olympia,WA 98504-0917 Lori Flemm Kent Parks, Rec&Comm Sery 220 4th Ave S Kent,WA 98032-5895 RE. Kent East Hill"X"Park, LAC#02-1230C Dear Ms. Flemm: Congratulations on your successful application for grant funds for the Kent East Hill"X"Park project. Your project is administered by the interagency Committee for Outdoor Recreation(iAC). Enclosed are two original sets of project agreement materials. Each set contains the Project Agreement, Milestone Report, Eligible Reimbursement Activities Report,and an Invoice Voucher Also enclosed are policy manuals for reference as you Implement your project and seek reimbursement. After reviewing your Project Agreement materials,please have the appropriate person sign each Project Agreement and return one signed original. Once the Project Agreement is signed and returned,the Kent East Hill"X"Park project can commence. Prompt implementation and completion of your protect is extremely important and will ensure the continuing success and credibility of the Washington Wildlife and Recreation Program by demonstrating effective results to citizens and policy makers. We encourage you to offer appropriate media opportunities to help build public awareness of the project's purposes and benefit.As a way of assisting you In that effort,enclosed is a suggested news release for your use. Acknowledging the assistance provided by this grant program helps increase the public's understanding of the value the funding provides to communities. Please notify your IAC protect manager of any event celebrating your project's beginning or completion. As always, staff is available to answer questions that may arise during project implementation. If you need assistance, please contact Darrell Jennings at(360)902-3020 or darrellj@iac.wa.gov. Thank you again for helping make this valuable investment in Washington State's recreation, conservation, and natural resources. Sin,,c(e/r�l�y,� ,(� Lauri �Cd( l Jo�Inson Director Enclosures AGRECVR.RPT L V- WWRP Project Agreement Outdoor Recreation Account Project Sponsor. Kent Parks, Rec&Comm Sery Project Number: 02-1230C Project Title: Kent East Hill"X"Park Approval Date: 7/11/2003 A. PARTIES OF THE AGREEMENT This Project Grant Agreement(Agreement)is entered into between the Interagency Committee for Outdoor Recreation (IAC), P.O.Box 40917,Olympia,Washington 98504-0917 and Kent Parks, Rec&Comm Serv,220 4th Ave S, Kent, WA 98032-5895(Sponsor)and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of the State of Washington's General Fund. The grant is administered by the IAC to the Sponsor for the project named above. C. DESCRIPTION OF PROJECT The subject Project is described on the attached Project Summary. D. TERM OF AGREEMENT The Project Sponsor's on-going obligation for the above project Is perpetual unless otherwise identified in this Agreement. E. PERIOD OF PERFORMANCE The Project reimbursement period shall begin on September 9,2003 and end on December 31,2005.No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement. F. PROJECT FUNDING The total grant award provided by the IAC for this project shall not exceed$465,000.00. The IAC shall not pay any amount beyond that approved for funding of the project The Sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as indicated below: Percentage Dollar Amount IAC-WWRP-Local Parks 50.00% $465,000.00 Project Sponsor 50.00% $465,000.00 Total Project Cost 100.()0% $930,000.00 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments,including the Sponsor's Application,Project Summary,Eligible Reimbursement Activities Report, Project Milestones,Legal Description,and the General Provisions,all of which are attached hereto and incorporated herein. Except as provided herein,no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such alterations,except those concerning the period of performance,must be signed by both parties. Period of performance extensions need only be signed by IAC's Director. The Sponsor has read,fully understands and agrees to be bound by all terms and conditions as set forth in these documents. WWRP Project Agreement Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 1 of 2 PROJAGRIRPT LI� H. COMPLIANCE WITH APPLICABLE STATUTES.RULES,AND IAC POLICIES This Agreement is governed by,and the Sponsor shall comply with,all applicable state and federal laws and regulations, including Chapter 79A 15 RCW,Chapter 286 WAC and published agency policies,which are Incorporated herein by this reference as d fully set forth. 1. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS To ensure the expenditure of Fiscal Year 2004 WWRP funds prior to June 30,2007, the City of Kent must make significant progress(as determined by IAC staff)on the project scope identified in this Agreement by August 1,2005, Depending on the progress made and future prospects, IAC may either extend the agreement or move a portion or all of the uncommitted funds to another W W RP project($). J. FEDERAL FUND INFORMATION (none) K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: Project Contact IAC Name: Lori Flemm Interagency Committee for Outdoor Recreation Title: Superintendent Natural Resources Building Address: 220 4th Ave S PO Box 40917 Kent,WA 98032-5895 Olympia,Washington 98504-0917 www.iac.wa.gov/iacJ These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIRE AGREEMENT This agreement,along with all attachments,constitutes the entire agreement of the parties. No other understandings,oral or otherwise,regarding this Agreement shall exist or bind any of the parties. M. EFFECTIVE DATE 0 This agreement,for project#02-1230C,shall be effective upon signing by all parties. STATE OF WASHINGTON INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION BY: /mac �C �-1 -� DATE: /U 0 Laura Eckert Johnson, Director PROJECT SPONSOR BY: DATE: TITLE: Pre-approved as to form: BY: /S/ Assistant Attorney General W W RP Project Aareement Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Paae 2 of 2 PROJAGR2.RPT LL' f' ==,f� Washington Wildlife and Recreation Program 001 Local Parks Category REHIN Post-Evaluation Project Summary TITLE: Kent East Hill "X"Park NUMBER: 02-1230C (Combined) STATUS: Board Funded SPONSOR: Kent Parks, Rec& Comm Sery EVALUATION SCORE: 50.7778 BOARD RANKING: 25 of 44 COSTS: SPONSOR MATCH: WWRP-Local Parks $465,000 50% Appropriation 1 Cash Local $465.000 50% Total $930,000 100% DESCRIPTION: The proposed project is the acquisition and development of two acres of undeveloped land for the construction of the"X",or eXtreme park on the East HUI of Kent.The park will consist of sporting elements such as a skateboard park,a BMX halfpipe and other bicycle amenities,a roilerblade hockey arena and a sport climbing monolith.The site will also have parking and a restroomlpicnic shelter. The park is intended for all age groups and skill levels in each sport.There is incredibly strong community support for this project from all user groups as well as the general public.This site allows the City to address all the sporting needs of the community in a centrally located area of Kent where 60%of the City s population resides.There is no other park like in the state or the in the country.This development will set the precedent for the development of a multi-use facility that incorporates such diverse sports and user groups while allowing the general public a venue to educate and appreciate these"extreme"sporting activities. LOCATION INFORMATION: The project site is located on the East Hill of the City of Kent. COUNTY: King SCOPE(ELEMENTS): Administrative costs Incidentals Parking Allowable land costs Outdoor Courts&Athletic Area Permits Architectural& Engineering Park Amenities Restrooms Fencing&Gates Park Furniture Sales Tax ANTICIPATED ACREAGE: Acres To Acres To Acres To ACREAGE TYPE Be Acquired Be Developed Be Renovated Uplands 1.89 1.89 FISCAL YEAR: 2004 DATE PRINTED: September 5,2003 1PAPSUMI RPT Kent East Hill"X"Park L J` WIM Legal Description Project Sponsor: Kent Parks, Rec&Comm Sery Project Number: 02-1230 C Project Title: Kent East Hill"X"Park IAC Approval: 07/11/2003 Legal Description The legal description of the property purchased with funding assistance provided through this Project Agreement(and protected by a recorded Deed-of-Right)shall be amended into the Protect Agreement prior upon receipt of acquisition billing. LEGALDSC RPT September 5,2003 Page 1 LN � `Comm�tt fay Eligible Reimbursement Activities Report BE�tAE�ION Project Sponsor: Kent Parks, Rec& Comm Sery Project Number: 02-1230 C Project Title: Kent East Hill"X"Park IAC Approval: 7/11/2003 Acquisition Items: Items Elements Unit Quantity Description Administrative costs Appraisal and review Closing Demolition Hazardous substances asse Land Recording fees Survey Title repors/insurance Development/Restoration Items: Items Elements Unit Quantity Description Architectural&Engineering A&E development Lump Sum 100 Fencing&Gates Fencing-chain link Linear Ft 1.20000 4'high-9 gauge Fencing&Gates Gates Each 100 parking lot gate Outdoor Courts&Athletic Ar BMX track Each 1.00 Outdoor Courts&Athletic Ar Skate park Sq Ft 1.00 Park Amenities Climbing wall Lump sum 1.00 Climbing monolith Park Furniture Bike racks Each 1.00 Park Furniture Drinking fountain Each 1.00 Accessible fountain Park Furniture Tables Each 2.00 Two accessible tables Park Furniture Trash receptacles Each 300 Standard trash receptacle Parking Parking-asphaltic concrete Spaces 26.00 1 accessible stall Parking Striping Lump sum 700.00 Parking Wheel stops Each 2600 6'xtk6' Permits Permits Lump sum 1.00 Restrooms Restrooms-other Lump sum 1.00 Restroom with Plcnic Shelter Sales Tax Sales Tax Lump Sum 100 ELIGREIM.RPT September 5,2003 Page. 1 LD- Gmma4r for pp(pppp Milestone Report By Project ---'flECflEflipN Project Number: 02-1230 C Project Name: Kent East Hill "X" Park Sponsor: Kent Parks, Rec&Comm Sery IAC Project Manager: Darrell Jennings X I Milestone Target D. Comments/Description Project Start 09/09/2003 RFP Complete/Consultant Hired 10/15/2003 Recorded Documents to IAC 11/30/2003 Submit reimbursement for acquisition Annual Protect Billing 06/30/2004 I A&E Complete/Permits Submitted 12/15/2004 Plans& Specs Reviewed by IAC 02/01/2005 Bid Awarded 03/07/2005 Construction Started 04/01/2005 Annual Project Billing 06/30/2005 Special Conditions Met 08/0112005 Project status/milestone evaluation 7 t Project Complete 1213112D05 Final Docs& Billing to IAC 03/31/2006 X=Milestone Complete I=Critical Milestone 0 MILESTa RPT RPntAmhwr ns mm Paso• 1 LO— INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION FORM A-19 State of Washington INVOICE VOUCHER Agency Name apmeohCwWksw lwebycw*undwpronlryofppK,ryPMINeYemWVWtakMW Interagency Committee for Outdoor Recreation nn+naaaMWdwee.R*nw^+e• aaeMmaw"W■n&w"rvkw P.O,Box 40917 "MW w me sme df W" qW.and aw as poode hmi.ned anwM UMM MWN@d hwe nea,WWAdW.Vwd draanaudm bacwra a ape,ea,nwW 0"n uud, Olympia, WA 98504-0917 aaw AabanW,iyn,,w,dkap,,,YOMwvewnadimbWWe stafta Sponsor BY Kent Parks,Rec&Comm Sery 220 4th Ave S Kent,WA 98032-5895 (TITLE) (DATE) project Number 02-1230 C Invowe# Billing Penod This is a Real Billing? Project Name Kent East Hill'X'Park 1 From: To Yea I I No 1 I Project Costs For This Billin CATEGORIES Agreement Expenditures Donations Total - s f Land Incidentals tancOnc Subtotal $430,000.00 Admin Costs $0.00 Aoquisiton Total $430,000.00 q Construction $455,000 00 A&E $45,000 00 Development Total $500.000 00 TOTAL $930.000.00 FUNDING&EXPENDITURE FORMULA For WC Use ONLY IDIOM Sponsor: 50 00% $465,000.00 Total Billed IAC Federal., IAC Share Billed IAC: W W RP-LP 50.00% $465,000.00 IAC Share Approved IAC, Advance Balance IAC: Match Owed Balance Agreement Total, 100.00% $930,000.00 IAC Share Retained IAC Share Paid Donation Bank 0401 SWV0000552-00 02-1230 C VM 210 070 G11 92201 NZ 0401 1 NZ 0401 NZ •0401 low _ B, I ixo Prolect Man /Date Release Fwial PfM I viswn Su rvrsorfDate Accoundn ate 1INVOICE RPT 9 1512003 Current Fundinn Kent City Council Meeting Date October 21, 2003 Category Consent Calendar 1. SUBJECT: 2004 CDBG CONSOLIDATED ACTION PLAN—APPROVE 2. SUMMARY STATEMENT: As recommended by the Parks Committee, approve the proposed Community Development Block Grant 2003 Action Plan and authorize the Mayor to execute the appropriate certifications and agreements. The draft 2004 Action Plan was available for review and comment for a 30-day period. On September 18, 2003,the Human Services Commission held a public hearing for the purpose of taking comments on the 2004 Action Plan. The Commission also reviewed and approved recommendations for CDBG funding for 2004. As in past years, a major portion of the CDBG funds is recommended to support the City's Home Repair Program. This program continues to serve many low-income, disabled and senior homeowners in Kent by providing needed repairs. The program also guarantees that some of Kent's low and moderate income housing stock is maintained and preserved. • The amount of money Kent may receive could change depending upon the final federal appropriations bill Congress passes in the fall. Therefore, the recommended funding of approximately $973,000.00 includes a contingency plan to address any potential fund changes that may occur when Congress adopts the 2004 budget. The 2004 Action Plan is required by HUD and identifies the strategies and goals the City will focus on in 2004. 3. EXHIBITS: City of Kent 2004 CDBG Action Plan 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: Approximate revenue of$973,000.00 SOURCE OF FUNDS: Communi1y Development Block Grant—Action Plan 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 60 29 CERTIFICATIONS In accordance with statutes and the regulations governing Consolidated Plan regulations, the City of Kent certifies that: Affirmatively Further Fair Housing --The City of Kent will affirmatively further fair housing, conducting an analysis of impediments to fair housing choice within the jurisdiction, developing strategies and taking appropriate actions to overcome the effects of any impediments identified through the analysis, and maintaining records reflecting the analysis and actions taken to further the strategies and actions. Anti-displacement and Relocation Plan —The City of Kent will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential anti-displacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace —The City of Kent will continue to provide a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701) by. 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2 Maintaining an ongoing drug-free awareness to inform employees about: (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace. (c) Available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Establishing a policy that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4 Notifying each employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and 30 (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying HUD in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant. 6 Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. S Providing the street address, city, county, state and zip code for the site or sites where the performance of work in connection with the grant will take place For functions carried out by employees in several departments or offices, more than one location will be specified. It is further recognized that sites may be added or changed during the course of grant-funded activities. The City of Kent will advise the HUD Field Office by submitting a revised Place of Performance form The City of Kent recognizes that the period covered by this certification extends until all funds under the specific grant have been expended. Anti-Lobbying — To the best of the City of Kent's knowledge and belief: 1. No Federally appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any-Federal contract, grant, loan, or cooperative agreement; 31 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The Consolidated Plan is authorized under State and local law (as applicable) and the City of Kent possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date Mayor Jim White 32 Specific CDBG Certifications The City of Kent, as an Entitlement Community, certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the statute authorizing the CDBG program, as described in CFR 24 570.2 and CFR 24 part 570. Following the Consolidated Plan -- It will follow the five year-Consolidated Plan as approved by HUD. Use of Funds — It has complied with the following criteria; 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, the City of Kent certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available to meet such needs 2 Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program years 2004, 2005, and 2006, shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. The City of Kent will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (but not low-income) families, an assessment or charge may be made against the property for public 33 improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2 A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non- violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws --The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint—The City of Kent's notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR 570.608; Compliance with Laws -- It will comply with applicable laws. Signature/Authorized Official Date Mayor Jim White 34 APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying And Drug-Free Workplace Requirements: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B Drug-Free Workplace Certification 1 By signing and/or submitting this application or grant agreement, the City of Kent is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g , all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the HUD of the change(s), if it previously identified the workplaces in question (see paragraph three). 35 6 The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Cit__'5 A t 22 0 4 4 Avenue South Kent, WA 98032 Check_ if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F. 7 Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules through V of the Controlled Substances Act (21 U.S.0 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendre)or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (1)All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). 36 MONITORING The City annually conducts formal contract monitoring visits and/or makes site visits to CDBG-funded projects to ensure that activities are in compliance with City and federal regulations, including an assessment of compliance with national objectives and activity eligibility. During the formal monitoring process, the provider agency's administrative structure is examined along with administrative policies and procedures to ensure compliance with regulations. A detailed contract monitoring checklist is completed and forwarded to agencies, along with recommendations for improvements and needed follow-up. Summaries of contract monitoring visits and recommendations are provided to the Kent Human Services Commission. 37 City of Kent Draft Annual Action Plan 2004 Update to Consolidated Plan for Housing and Community Development Fiscal Years 2003 -2007 38 MAYOR Mayor Jim White CITY COUNCIL Dr.Judy Woods,Council President Tim Clark,Council Member Connie Epperly,Council Member Leona Orr, Council Member Julie Peterson,Council Member Bruce White,Council Member Rico Yingling,Council Member PARKS COMMITTEE �- Dr Judy Woods,Chair Connie Epperly,Council Member Bruce White,Council Member CHIEF ADMINISTRATIVE OFFICER Mike Martin HUMAN SERVICES COMMISSION Perry Raak,Commission Chair Rod Saalfeld, Commission Vice Chair ` Brad Bell,Commissioner Mike Heinisch,Commissioner Cathy Peters,Commissioner Melvin Tate,Commissioner Edna White,Commissioner qw Dr.Judy Woods,City Council Member CITY STAFF Parks, Recreation & Community Services Department John Hodgson, Parks,Recreation&Community Services Director Kathenn Johnson, Housing&Human Services Manager Menna Hanson,Senior Human Services Coordinator Dinah Wilson, Human Seances Coordinator 39 TABLE OF CONTENTS GENERAL 1 HOUSING AND COMMUNITY DEVELOPMENT RESOURCES 1 CDBG FUNDS 2004 ESTIMATED RESOURCES 1 OTHER RESOURCES 2 CITY OF KENT FUNDING PRIORITIES 2 2004 PROPOSED ACTIVITIES TO ACHIEVE HOUSING AND COMMUNITY DEVELOPMENT GOALS 3 ALLOCATION OF 2004 RESOURCES 6 DISTRIBUTION OF FUNDS BENEFITTING LOW/MODERATE-INCOME PERSONS 9 SUMMARY OF PROPOSED 2003 USE OF COMMUNITY DEVELOPMENT BLOCK GRANT ENTITLEMENT FUNDS „ _ 9 MONITORING 11 FAIR HOUSING 11 POLICIES AND CERTIFICATIONS 11 DOCUMENTATION AND ON-SITE MONITORING 12 FISCAL AUDITS 12 40 20M ONE-YEAR ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT Each year the City of Kent will undertake specific actions .to-implement the Goals and Strategies of the five-year Consolidated Plan. These actions are`outlined in an Annual Action Plan describing both the allocation of estimated resources and a narrative on action steps. In a given year, there may be no specific action taken toward achievement of a particular strategy. Similarly, it is expected that during the course of the year, the City will be presented with unanticipated opportunities that could help meet goals and strategies. The City will take advantage of these opportunities to further the goals and strategies. The following describes actions planned for the 2004 calendar year. H HOUSING • DEVELOPMENT RESOURCES CDBG FUNDS 2004 ESTIMATED RESOURCES_ , One of the major tools for accomplishing the goals of,the' Consolidated Plan is the annual allocation of Community Development Block Grant (CDBG) funds provided by the U.S. Department of Housing and Urban Development. The City estimates that $973,000 in CDBG funds will be available for the January 1, 2004 to December 31, 2004 budget year . The following outlines the total anticipated resources to implement the 2004 Action Plan: Table'I CDBG 2004 Estimated Resources Federal CDBG allocation (estimated) $973,000 CDBG program income -0- ESG -0- HOME -0- HOPWA -0- Total Federal $973,000 Total Resources $973,000 CITY OF KENT 2004 ACTION PLAN FOR HOUSING AND COMMUNTY DEVELOPMENT -I- 41 OTHER RESOURCES General Funds The City of Kent allocates one percent (1%) of the general fund to provide human services directly to Kent residents through contracts with non-profit agencies. The recommended allocation from the 2004 General Fund budget Is $592,402. CITY OF KENT FUNDING PRIORITIES In addition to the Consolidated Plan allocation of CDBG funds Is also guided by the City of Kent's human services funding priorities as established by the Human Services Commission. The following priorities are considered when allocation funding for regional and local human services: PRIORITY 1: Those services which help meet basic and emergency needs (food, medical care, shelter, protection from abuse neglect). PRIORITY 2: Programs, which are preventative in nature,and promote a high degree of self-dependence. PRIORITY 3: Programs, which seek tdenhance the quality of life in persons whose basic human needs, are already met. The City of Kent human service funding allocations are usually equally divide between Priorities 1 and 2 Priority 3 programs have not been funded due to the critical needs in the other two priority areas. CDBG public service funding has historically been in the Priority 1 category. CITY OF KENT 2004 ACTION PLAN FOR HOUSING AND COMMUNTY DEVELOPMENT -2- 42 2004 PROPOSEDTO ACHIEVE HOUSINGCOMMUNITY DEVELOPMENT • Goal H1: Expand homeownership opportunities throughout the community for all income groups. Strategy H1.A: Increase the percentage of homeownership in Kent. ■ Action: Conduct a performance audit and client satisfaction survey to evaluate the effectiveness of the Home Repair Program: ■ Action. Assess the need to provide additional homebuyer education to increase homeownership assuring that educational opportunities are available to all populations of Kent ■ Action: Assure that all homeowners in the Home Repair Program receive and fully understand the information on Lead Based Paint. Goal H2: Expand the range of affordable housing choices available to meet the needs of both current Kent residents and residents projected,in growth estimates Strategy H2.A: Maintain the existing stock of affordable housing ■ Action:Allocate funds to the Home Repair Program to support the existing level of homeownership in Kent in the amount of$376,550. Strategy 112.13: Provide housing opportunities for low to moderate-income families: ■ Action: Update the'City of Kent Housing Resource Guide ■ Action: Provide housing resource and referral Information to low/moderate- income individuals. ■ Action: Continue to strengthen the ability of Kent providers to access HOME funds through the Consortium CITY OF KENT 2004 ACTION PLAN FOR HOUSING AND COMMUNTY DEVELOPMENT -3- 43 Goal 1­113: Provide stable, service-enriched housing for homeless persons and persons with special needs Strategy H3.A• Actively support regional and subregional efforts to provide a coordinated continuum of housing and services for the homeless. Assure the interests of South King County are included in the newly forming countywide planning process to end homelessness. ■ Action: Continue providing staff support to efforts such as Safe Harbors and the Committee to End Homelessness. ■ Action: Continue staff participation in the McKinney application review process Strategy H3.13: Provide enhanced case management and stabilization services linked to transitional housing services for homeless persons: In Action: Actively support and participate in the South King County Homeless Alliance and development of the Safe Harbors homeless management information system. ■ Action: Provide funding in the amount of $9,800 to Catholic Community Services to support transitional housing case management services. ■ Action: Provide funding in the amount of $36,500 to the YWCA support domestic violence transitional housing case management services ■ Action:,Provide funding in the amount of $16,790 to Valley Cities Counseling and Consultation to provide outreach and case management services for homeless individuals" Strategy H3.C: Increase housing stabilization for those who are homeless or at-risk of becoming homeless:, - ■ Action: Allocate funding in the amount of$24,660 to the Multi-Service Center to provide housing stability assistance to low-income and homeless families to support move-in costs and to prevent eviction. Goal E1: Improve the potential for Kent residents to obtain and retain livable wage jobs Strategy E1 A: Support multi-dimensional approaches linking services to lobs to improve the ability of people to obtain, progress in, and retain living wage lobs ■ Action: Support strategies to work on a cooperative basis with Kent area businesses and local agencies and non-profits to create improved supports for their employees such as child care, language skills development, lob progression systems, job readiness, job retraining and transportation solutions through funding of the Multi-Service Center Economic Development Program in the amount of$150,000. CITY OF KENT 20D4 ACTION PLAN FOR HOUSING AND COMMUNTY DEVELOPMENT -4- 44 Goal E2: Increase opportunities for businesses to develop and expand in Kent, with particular focus on small business and micro-enterprises Strategy E2 B: Develop incentives and supports for small businesses. ■ Action: Fund Green River College Small Business Assistance Center through the Multi-Service Center Economic Development Program to provide technical assistance for micro-enterprise and small business development. Goal Cl: Address issues of inclusion and integration Strategy C1.A: Increase inclusion of immigrants and refugees and people of color in the life of the Kent community. ■ Action: Explore culturally relevant options to support educating non-English and Limited English Proficient individuals on eviction proceedings. Goal C2: Create a community that supports healthy individuals and families Strategy C2.A: Build neighborhood centers/local access to services. ■ Action: Assess the appropriateness of planning and policy provisions to support the concept of encouraging'the development of neighborhood centers and focal points ■ Action: Continue the collaboration with non-profit providers for acquisition of the One Stop Service Center` to provide a central location to meet the human service needs of the'low/moderate-income community. ■ Action: Renovate a neighborhood park in a low/moderate-income neighborhood in the amount of$55,900. r. a =Action:Provide CDBG assistance to non-profit service providers to expand their services and to stabilize and improve facilities serving families and youth. Fund Children's Therapy.Center in the amount of $50,000 for the acquisition of an additional building to expand services to children over the age over three Strategy C2.13: Creat6a community that supports healthy families. ■ Actionr,Provide funding in the amount of$36,500 to Community Health Centers of King County to provide primary medical and natural medicine services. ■ Action: Provide funding in the amount of $21,700 to the Church Council of Greater Seattle Emergency Feeding Program to provide emergency food bags to individuals and families in need. CITY OF KENT 2004 ACTION PLAN FOR HOUSING AND COMMUNT'DEVELOPMENT -5- 45 ALLOCATION OF 00• RESOURCES ACTIVITIES: Home Repair FUNDS: $376,550 AGENCY: City of Kent, Parks, Recreation and Community Services PROGRAM: Housing and Human Services—Home Repair Program LOCATION: Citywide DESCRIPTION: The Home Repair Program will provide rehabilitation assistance and health and safety repairs to 140 unduplicated low/moderate-income Kent households. ACTIVITIES: Park Development „ FUNDS: $55,900 AGENCY: City of Kent, Parks, Recreation and Community Services PROGRAM: Springwood Neighborhood Park LOCATION: SE-274th & 128th PI, SE Kent DESCRIPTION: Upgrade Springwood Park,'a neighborhood park in a predominantly low/moderate-income neighborhood that is located immediately adjacent to a King County Housing Authority housing project. Improvements will include new play equipment, replacement of the existing park fixtures with fixed secured equipment (benches, picnic tables and trash cans)and making the site handicapped accessible. -ACTIVITIES: Community Facilities FUNDS: $50,000 AGENCY: Children's Therapy Center PROGRAM: Bridge to a Brighter Future LOCATION: 25826 108th Ave. SE Kent, WA DESCRIPTION: Acquisition of property and a facility adjacent to the current Children's Therapy Center facility to provide neuro- developmental services to children over the age of three CITY OF KENT 2DD4 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT -6- 46 ACTIVITIES: Economic Development FUNDS: $150,000 AGENCY: Multi Service Center PROGRAM- Economic Development Program LOCATION: Multiple Sites DESCRIPTION: The project will provide 76 Kent residents with supportive services such as basic skills training, literacy services, child care and technical assistance for micro-enterpnse and small business developmentto enhance economic development activities in the-City of Kent. Funds will provide ACTIVITIES: Public Services FUNDS: $145,950 AGENCY: Kent Community Health Centers of King County PROGRAM: Primary and Natural Medicine Services LOCATION: 403 East Meeker Kent FUNDING: $36,500 DESCRIPTION: Provide 300 medical visits and 165 naturopathy medical visits to'132 low-income'Kent clients. AGENCY: : Church Council of Greater Seattle PROGRAM Emergency Feeding Program LOCATION: Multiple Sites FUNDING: $21,700 DESCRIPTION: CDBG'funds will provide 5,600 Kent clients with 33,600 P nutritionally balanced and diet-specific meals. AGENCY: :YWCA of Seattle/King/Snohomish County PROGRAM: Anita Vista Transitional Housing Program LOCATION: Confidential FUNDING: $36,500 DESCRIPTION: CDBG funds support case management salaries and operating expenses. Funds provide 1,780 bed nights for 14 Kent residents. CITY OF KENT 2004 ACTION PLAN FOR HOUSING AND COMMUNTY DEVELOPMENT -7- 47 AGENCY: Multi-Service Center PROGRAM: Housing Stability LOCATION: 1205 W Central, Suite 209 Kent FUNDING: $24,600 DESCRIPTION: CDBG funds provide housing stability by assisting 54 unduplicated low-income and homeless families to defray move-in costs and to prevent eviction. AGENCY: Catholic Community Services PROGRAM: Katherine's House LOCATION: Confidential FUNDING: $9,800 DESCRIPTION: CDBG funds support case management salaries and provide 450_bed nights to 3 low-income individuals. AGENCY- Valley Cities Counseling and Consultation PROGRAM: Homeless Outreach, LOCATION: 325 W. Gowe St Kent FUNDING- $16,790 DESCRIPTION: CDBG funds provide outreach and 144 hours of case management services to 18 homeless individuals. ACTIVITIES:' Planning and Administration FUNDS: $194,600 AGENCY: City of Kent,'Parks, Recreation and Community Seances PROGRAM- Housing and Human Services—CDBG Planning and Administration LOCATION: _ 400 W. Gowe Kent DESCRIPTION: Funds will be used to administer the City of Kent's CDBG projects. Total $973,000 CrrY OF KENT 2004 ACTION FLAN FOR HOUSING AND COMMUNTY DEVELOPMENT '8- 48 DISTRIBUTION OF FUNDS BENEFITTING LOW/MODERATE-INCOME PERSONS Funds have been distributed based on priority needs identified for low/ moderate-income persons consistent with goals and strategies in the Consolidated Plan. All of the project funds will primarily benefit low/moderate-income persons. SUMMARY OF PROPOSED 2003 USE OF COMMUNITY DEVELOPMENT BLOCK GRANT ENTITLEMENT FUNDS PUBLIC SERVICE PROJECTS Project Funding Amount Community Health Centers $ 36,500 Church Council of Greater Seattle Emergency Feeding 21,700 Program YWCA 36,500 Multi Service Center =;, �, 24,660 Catholic Community Services 9,800 Valley Cities Counseling 16,790 Total Public Service $145,950.00 ContinVency Plan Increase • In the event of an increase in public service funds above the preliminary estimate, the additional funds will first be allocated equally to the above agencies. If the Increase is more than 10% of the total amount available for Public Service allocations the Commission will review the increase. Decrease • If there is a decrease in 2003 CDBG Funds, the decrease will be split proportionately between the recommended public services agencies. O Y OF KENT 2004 ACTION PLAN FOR HOUSING AND COMMUNTY DEVELOPMENT -9- 49 CAPITAL PROJECTS Project Funding Amount Kent Home Repair Program $376,550 Kent Parks, Recreation & Community 55,900 Services, S nn wood Park Children's Therapy center, Facility Acquisition 50,000 Multi Service Center—Economic 150,000 Development Program Total Capital $632,450 Contingency Plan Increase • If there is an increase in capital funds, additional funds will be allocated proportionately to the above-listed projects'. Decrease • If there is a decrease in the Capital allocation, funding for the Home Repair Program will be decreased to $340,000, Children's Therapy Center to$25,000. 4`. PLANNING AND ADMINISTRATION Total Planning and Administration '- $ 194,600 a The City has elected to expend the full 20% of Entitlement funding for Planning and Administration. , CITY OF KENT 2004 ACTION PLAN FOR HOUSING AND COMMUNTY DEVELOPMENT -10- 50 MONITORING The City monitors its CDBG program throughout the year. Monitoring tools to ensure compliance with CDBG regulations and development strategies for specific areas are included in the following sections. HOUSINGFAIR The City of Kent joined King County as part of the Consortium to perform an analysis of fair housing impediments within King County. The City defers to the State of Washington. The City will continue to monitor compliance with the Fair Housing Act and to respond appropriately to reported violation allegations. Complaints will be referred to the Washington State Human Rights Commission The City will conduct an Impediment to Fair Housing study within the next twelve months. The study will be,used to develop strategies to eliminate unfair housing practices. POLICIES AND CERTIFICATIONS Agencies applying for CDBG funds are required to respond to general and program specific polices in their applications. All projects are evaluated to determine if they are: 1. Eligible relative to federal guidelines; 2. Consistent with the program objectives and strategies; 3. Consistent with local, state and federal regulations; and 4. .Feasible within contract and timeline guidelines These policies include, among others: • Consistency with local codes and policies; • Restrictions on the change of use of property and buildings with were acquired or improved through CDBG funds; • Minimization of displacement and the provision of relocation assistance; • Adherence to federal wage rates; CITY OF KENT 2004 ACTION PLAN FOR HOUSING AND COMMUNTY DEVELOPMENT -11- 51 • Compliance with federal audit requirements; and • Adherence and enforcement of the lead-based paint abatement regulations, fair housing laws and affirmative action. DOCUMENTATION AND • N-SITE MONITORING Detailed records are maintained and reviewed to determine and assure agency compliance with its contract and applicable regulations Deficiencies in record keeping are documented and technical assistance to correct noted deficiencies is provided. The failure to comply with contractual requirements and regulations could result in the termination of funding and remedial actions authorized by applicable rules and regulations. FISCAL AUDITS The City conducts an internal audit to ensure"that its records are complete and agencies are complying with ,applicable rules and regulations. In addition, each year the City's records are subject to an independent audit. The auditor tests the City's compliance with the following requirements of the CDBG program: • Political activity,'- 0 Davis-Bacon and related Acts • Civil rights •_ ` Cash management • Federal financial reports • Allowable costs/cost principles • Drug-Free Workplace Act • Various administrative requirements CITY OF KENT 20D4 ACTION PLAN FOR HOUSING AND COMMUNiY DEVELOPMENT .12_ 52 ATTACHMENTS 1 2004 Consolidated Plan Certifications 2. Proposed Projects 3. Notice of Funds Avadable/RFP: April 14, 2003 1: 4. Notice of Public Comment Period for 2004 Action Plan:August 18, 2004 5. Notice of Public Hearing for public hearing on draft Action Plan 6. September 18, 2004 Minutes (part) of Human Services Commission Meeting, Public Hearing for 2004 Action Plan 7. October 14, 2004 Parks Committee Minutes consideration of 2004 funding recommendation 8 November 4, 2004 Minutes (part) of City Council Meeting authorizing funding recommendations and submittal of Certifications CITY OF KENT 2004 ACTION PLAN FOR HOUSING AND COMMUNTY DEVELOPMENT -13- Kent City Council Meeting Date October 21, 2003 Category Other Business 1. SUBJECT: MORGAN'S PLACE REZONE RZ-2002-6 2. SUMMARY STATEMENT: This request by TLT Development is to rezone approximately 9.76 acres of property from SR-4.5, Single Family Residential, to SR-6, Single Family Residential. The property consists of two parcels and is located at 23601 and 23659 98th Avenue S. The Kent Hearing Examiner held a public hearing on September 3, 2003 and issued Findings, Conclusions and a recommendation for approval on September 17, 2003. 3. EXHIBITS: Map; Findings, Conclusions and Recommendation; and staff report 4. RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: S SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember &yv moves, Councilmember UAvk seconds to accept/fe4eet inedi-fy the Findings, Conclusions and Recommendation of the Hearing Examiner on the Morgan's Place Rezone (#RZ-2002-6), and to direct the City Attorney to prepare the necessary ordinance. DISCUSSION: ACTION: M C- Council Agenda Item No. 7A �J S 228TH ST SE 229TH PL a SE 230TH ST SE 231ST T 232ND SE 232ND ST TURNKEY PARK vi w /I W N � w = ►- � _ �f'' SI TEQ jE ,Aj oatC-4 o>SE 239TH � cr)PL JAMES ST SE SE 240TH ST APPLICATION NAME: MORGAN'S PLACE REQUEST: #RZ-2002-6 and #SU-2000-6 VICINITY MAP ✓ 4 x r OFFICE OF THE LAND USE HEARING EXAMINER K E N T Theodore P. Hunter WASHINGTON Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION COMMUNITY DEVELOPMENT Fred N. Satterstrom AICP Director FILE NO: MORGAN'S PLACE #RZ-2002-6 KIVA#RPP3-2023913 PLANNING SERVICES APPLICANT: TLT Development Charlene Anderson,AICP Manager 9 y 12932 SE Kent-Kan le Road #285 Kent, WA 98030 Madrng Address 220 Fourth Ave.S. REQUEST: A request to rezone approximately 9.76 acres from Kent,WA 98032-5895 q pp y SR-4.5, Single Family Residential, to SR-6, Single LocahortAddress Family Residential. 400 West Gowe Kent, WA 98032 LOCATION: 23601 and 23659 98`h Avenue S. Phone:253-856-5454 Fax 253-856-6454 APPLICATION FILED: December 13, 2002 DETERMINATION OF 0 NONSIGNIFICANCE ISSUED: July 24, 2003 MEETING DATE: September 3, 2003 RECOMMENDATION ISSUED: September 17, 2003 RECOMMENDATION: APPROVED STAFF REPRESENTATIVE: Matt Gilbert, Planning Services PUBLIC TESTIMONY: Andy Rykles, applicant EXHIBITS: 1. Staff File, with Attachments: a. Staff Report dated August 27, 2003 b. Application received December 12, 2002 c. Correspondence i. Letter from Applicant to Brad Hazeltine dated June 20, 2003 (3 pages) it. Letter from Mel Delaney to Brad Hazeltine dated February 20, 2003 (1 page) lli. Letter from Kelly Peterson to Mel Delaney dated February 18, 2003 (1 page) iv. Letter from Kelly Peterson to Paul Morrow dated December 24, 2002 (2 pages) d. City Routing i. Email from Frank Spanjer to Matt Gilbert, dated August 22, 2003 (4 pages) ii. Public Works Comments not dated (1 page) e. Public Notice f. Notice of Application and Notice of Complete Application g. SEPA Mitigated Determination of Nonsignificance and Environmental Checklist issued July 24, 2003 2. Wetland Mitigation Map FINDINGS 1. The Applicant requests a zoning map amendment to change the zoning on a 9.78-acre parcel of property from Single-Family Residential (SR-4.5) to Single- Family Residential (SR-6) The subject property is located approximately 600 feet north of SE 2401h Street, on the west side of 981h Avenue South and comprises Tax Parcels 1822059053 and 1822059154. In addition to the rezone request, the Applicant requests approval of a preliminary plat application to subdivide the subject property into 35 single-family residential lots and 5 tracts for sensitive areas, stormwater detention, access and utilities. The Hearing Examiner reviewed both requests at the September 3, 2003 public hearing. Although the Hearing Examiner will issue two separate decisions that address the Applicant's requests, the proposed rezone is considered as a "project rezone." Review of a proposed project rezone must consider the impacts from both the rezone itself and the associated land use proposed by the Applicant. Exhibit 1(a), Staff Report, page 2; Exhibit 1(b), Application. 2. The City of Kent Comprehensive Plan designates the subject property as Single- Family Residential (SR-6), which allows six units per acre. The Plan also contains goals and policies that relate to the location, density, and design of future development. Applicable provisions of the Comprehensive Plan include. • Provide in the land use plan adequate land and densities to accommodate both city and county housing targets within the Potential Annexation Area. Average net residential densities throughout the Potential Annexation Areas should be a least four units per acre in order to adequately support urban services. City of Kent Comprehensive Plan, Policy LU 8.1. • Locate housing opportunities within close proximity to employment, shopping, transit and human and community services. City of Kent Comprehensive Plan, Policy LU-8.3. Findings, Conclusions and Recommendation Hearings Examiner for the City of Kent Morgan's Place #RZ-2002-6 KIVA#RPP4-2023913 Page 2 of 8 • Provide opportunities for a variety of housing types, options, and densities throughout the city and the Potential Annexation Area. City of Kent Comprehensive Plan, Land Use Goal LU-9. • Allow single family housing on a variety of lot sizes, including 5,000 square foot lots. Locate smaller lot sizes within close proximity to the urban activity centers. City of Kent Comprehensive Plan, Policy LU-9.4. • Promote healthy neighborhoods by providing a wide range of housing options throughout the community that are accessible to community and human services, employment opportunities, and transportation and by being sensitive to the environmental impacts of the development. City of Kent Comprehensive Plan, Goal H-1. • Ensure that community and human services, including, but not limited to, fire, police, library facilities, medical services, neighborhood shopping, child care, food banks, and recycling facilities are easily accessible to neighborhood residents. City of Kent Comprehensive Plan, Policy H-1.1. • Protect and enhance environmentally sensitive areas via the adoption of the City regulations and programs which encourage well-designed land use patterns such as clustering and planned unit development. Use such land use patterns to concentrate higher urban land use densities and intensity of uses in specified areas in order to preserve natural features such as large wetlands, streams, steep slopes, and forests. City of Kent Comprehensive Plan, Goal LU-20. • Ensure that the City's environmental policies and regulation comply with state and federal environmental protection regulations regarding air and water quality, noise and wildlife and fisheries resources and habitat protection Demonstrate support for environmental quality in land use plans, development regulations, and site plan review to ensure that local land use management is consistent with the City's overall natural resource goals City of Kent Comprehensive Plan Goal LU-22. • Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act. City of Kent Comprehensive Plan, Goal TR-1. • Coordinate new commercial and residential development in Kent with transportation projects to improve affected roadways. City of Kent Comprehensive Plan, Policy TR-1.2 Findings, Conclusions and Recommendabon Heanngs Examiner for the City of Kent Morgan's Place #RZ-2002-6 K1VA #RPP4-2023913 Page 3 of 8 • Ensure consistency between land use and transportation plans so that land 0 use and adjacent transportation facilities are compatible. City of Kent Comprehensive Plan, Policy TR-1.5. 3. The City of Kent would provide water and sewer service to the proposed subdivision. An existing eight-inch water main is located under 98th Avenue South and would be available to serve the site. An existing sewer line is located approximately 1400 feet north of the subject property and would be extended to serve the proposed subdivision. Exhibit 1(a), Staff Report, page 5. 4. Access to the subject property is from 98th Avenue South and from 94th Avenue South via South 237th Street. Ninety-eighth Avenue South has a public right-of- way width of approximately 40 feet and a street width of 18-20 feet. The street accommodates two narrow lanes of traffic; however, does not include improvements such as curbs and gutters, stormwater drainage, cement sidewalks and street lighting. The right-of-way width for 90 Avenue South is approximately 20 feet. It accommodates two narrow lanes of traffic and has inconsistent placement of improvements including curbs and gutters, stormwater drainage, cement sidewalks and street lighting. Exhibit 1(a), Staff Report, page 4. 5. The City of Kent Master Plan of Roadways classifies 98th Avenue South and South 236th Street as "residential streets." "Residential streets" are required to include improvements such as a minimum of 50-feet of public right-of-way, a 28- foot wide asphalt roadway with two traffic lanes; vertical cement curb and gutters, a five-foot wide planter strip; a five-foot wide cement concrete sidewalk on both sides of the street; a stormwater drainage system; a City-approved lighting system; and other street improvements when fully approved. The Master Plan of Roadways classifies 94th Avenue South as a "residential collector arterial." "Residential collector arterials" are required to have a minimum right-of-way width of 56 feet; a 36-foot asphalt roadway with two traffic lanes and one, two-way left turn lane; cement curb and gutters; five-foot wide planter strips; five-foot wide cement sidewalks on both sides of the street, storm drainage; a City-approved lighting system and other street improvements when fully approved. 6. The subject property contains three existing residences, which the Applicant proposed to retain. Residentially zoned property surrounds the subject property, SR 4.5 zones are located to the north and west, and SR-6 zones are located to the east and south. Surrounding development includes residential land uses to the east, southwest and northwest of the project site. There is an existing City of Kent Pump Station (No. 5) located on adjacent land to the south. The pump Findings, Conclusions and Recommendation Hearings Examiner for the City of Kent Morgan's Place #RZ-2002-6 K1VA #RPP4-2023913 Page 4 of 8 station consists of a pump control building, a 125,000 gallon elevated tank and a six million gallon aboveground water reservoir. Exhibit 1(a), Staff Report, pages 2, 3; Exhibit 1(b), Application. 7. The purpose of single-family residential districts is to stabilize and preserve single-family residential neighborhoods, as designated in the comprehensive plan. The single-family zoning districts in Kent also encourage a range of densities and lot sizes in order to promote diversity and recognize a variety of residential environments. KCC 15.03.010. 8. The subject property was historically outside the City's Urban Growth Area in King County, and designated as single-family under the King County Code. In 1995, the City annexed the subject property from King County and zoned it SR- 4.5, which was a reduction in density from the previous R-6 designation. At that time, the area was developed with single-family homes on one to five-acre lots and the SR-4.5 designation was consistent with the development. However, in recent years the area has experienced increased density from additional single- family homes. The SR-6 zone would establish a maximum density of 6.05 dwelling units per acre; a minimum lot area of 5,700 square feet; and a maximum building height of 35 feet. KCC 15.04.170. The Applicant proposes to rezone the subject property so that is compatible with development in the area. Exhibit 1(a), Staff Report, page 18; Exhibit 1(b), Application. 9 The subject property contains several isolated wetlands that are located throughout the subject property. The Applicant testified that he would set aside Tract D as a wetland tract so that he could configure the lots as proposed Tract D would contain artificial wetlands in addition to wetlands that presently exist on the tract. The Applicant submitted a wetland mitigation plan to the City that described the proposed wetland arrangement. Exhibit 1(a), Staff Report, page 3; Exhibit 2, Wetland Map; Testimony of Mr. Rykles; Testimony of Mr. Gilbert. 10. Since the Applicant requested a rezone with the intent to develop a subdivision, the City issued a SEPA Mitigated Determination of Nonsignificance (MDNS) on July 24, 2003, which addressed the rezone and the preliminary plat request. The MDNS contained conditions that related to traffic mitigation and wetland protection and preservation. No person filed an appeal within the 14-day appeal period provided for in the MDNS. Exhibit 1(g), SEPA MDNS. 11. The City provided reasonable notice of the public hearing by posting notice on the subject property and publishing notice in the King County Journal on August 22, 2003, and by mailing notice to property owners within 300 feet on August 28, 2003. Exhibit 1(e), Public Notice. Findings, Conclusions and Recommendation Hearings Examiner for the City of Kent Morgan's Place #RZ-2002-6 KIVA #RPP4-2023913 Page 5 of 8 CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to hold an open record hearing on this rezone request, and to issue a written recommendation to the Council, pursuant to RCW 35A.63.170, and Chapter 2 32 and Section 15 09.050 of the Kent City Code. Criteria for Review Section 15.09.050(C) of the Kent zoning code sets forth the standards and criteria the Hearing Examiner must use to evaluate a request for a rezone. A request for a rezone shall only be granted if: a. The proposed rezone is consistent with the Comprehensive Plan; b. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity; C. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated; d. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone; [and] e. The proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the city. KCC 15.09.050(F)(1). Conclusions Based on Findings: 1. The proposed rezone is consistent with the Comprehensive Plan. The proposed rezone supports several of the policies and goals of the City of Kent Comprehensive Plan. It would allow additional density to accommodate City population targets in an area that is close to commercial use, human services and employment opportunities. It would allow single family housing on a variety of lot sizes, which would be within close proximity to urban activity centers. Findings of Facts Nos, 1-4, 7. Findings, Conclusions and Recommendation Hearings Examiner for the City of Kent Morgan's Place #RZ-2002-5 KIVA #RPP4-2023913 Page 6 of 8 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Development within the vicinity includes residential uses in SR-4.5 and SR-6 zones. The rezone and proposed development would be consistent and compatible with this existing development. Findings of Facts Nos. 1, 6, 7, 8. 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Access to the subject property is from 98"' Avenue South and from 94` Avenue South via South 237`r' Street. The surrounding streets would likely need improvements as the subject property is developed with a SR-6 density. The City evaluated potential traffic impacts for the proposed preliminary plat, which was submitted with the present rezone application. Following review of the Applicant's proposal, the City issued an MDNS, which sets forth conditions that would mitigate impact to the transportation system. Findings of Facts Nos. 1, 4, 10. 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Since the City annexed the subject property in 1995, the area has increased in density of housing. To accommodate a growing population, residential development has increased within the City and changed the nature of the once rural setting. The proposed rezone would allow residential development at a density consistent with other property in the area. Findings of Facts Nos. 1, 8. 5. The proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the City of Kent. Although the proposed rezone would result in higher density development, there are services in place to accommodate the growth. The City of Kent would provide water and sewer service. Although roadways in the vicinity would likely need improving prior to development of the parcel, once complete the existing transportation network would provide safe access to the subject property. 1, 3, 4, 10. RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that this application for the rezone from Single Family Residential (SR- 4.5) to Single-Family Residential (SR-6) on approximately 9.78 acres of property located approximately 600 feet north of SE 240" Street, on the west side of 98"' Avenue South and comprised of tax parcels 1822059053 and 1822059154 be APPROVED. It is the Hearing Examiner's opinion that the rezone request, as proposed, meets the criteria for approval established by the Council. Findings, Conclusions and Recommendation Hearings Examiner for the City of Kent Morgan's Place #RZ-2002-6 KIVA#RPP4-2023913 Page 7 of 8 DATED this 17'h day of September 2003 THEODORE PAUL HUNTER Hearing Examiner S:\Permit\PlankrezoneQO02\2023913-2002-6findings.doc Findings, Conclusions and Recommendation Hearings Examiner for the City of Kent Morgan's Place #RZ-2002-6 KIVA #RPP4-2023913 Page 6 of 8 COMMUNITY DEVELOPMENT Fred N. Satterstrom, Director 40 PLANNING SERVICES • Charlene Anderson,AICP, Manager WA E N T WASNIXGTOX Phone.253-856-5454 Fax 253-856-6454 Address. 220 Fourth Avenue S Kent,WA 98032-5895 KENT PLANNING SERVICES (206) 856-5454 STAFF REPORT FOR HEARING EXAMINER MEETING OF September 3, 2003 FILE NO: MORGAN'S PLACE #RZ-2002-6 KIVA#2023913 #SU-2000-6 KIVA#2023914 APPLICANT: Andy Rykles Rykles Engineering 28301 183rd Ave. SE Kent, WA 98042 REQUEST: A request to rezone and subdivide approximately 9.78 acres. The applicant is requesting preliminary plat approval to create 35 single family lots based on a zoning change of SR-4.5 to SR-6. STAFF REPRESENTATIVE: Matt Gilbert, Planner STAFF RECOMMENDATION: Rezone: APPROVAL Subdivision: APPROVAL, with conditions 1. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to subdivide two existing parcels totaling approximately 9.78 acres into 35 single family residential lots. There are three existing residences o the site that the applicant proposes to retain. Three Class III wetlands, totaling approximately 1.23 acres, are located In the east-central portion of the subject site. Construction of two residential Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 roads to City of Kent standards will be required to serve this plat. Approval of this application will produce 33 new building lots. The applicant also proposes five tracts for sensitive areas, stormwater detention, access and utilities. In conjunction with the request for preliminary subdivision approval, the applicant proposes to rezone the approximately 9.78 acre site from the current zoning of SR-4.5, Single Family Residential to SR-6, Single Family Residential. B. Location The subject property is located approximately 600 feet north of SE 240'h Street, on the west side of 98'h Avenue South. C. Size of Property Per the King County Assessors office, the property consists of two parcels totaling 9.78 acres. The parcels are identified as Tax Parcel #1822059053 and 1822059145. D. Zoning The subject property is currently zoned SR-4.5, Single Family Residential, which allows for a maximum density of 4.53 units per acre. The applicant requests a rezone to SR-6, Single Family Residential zoning, which allows for up to 6 05 units per acre. Properties to the north and west of the site are zoned SR' 4.5. The property to the east of the subject site, across 98'h Avenue S. is zoned SR-6. The property directly to the south is zoned SR-6. E. Land Use The City of Kent Comprehensive Land Use Map designates the site as SF-6 Single Family Residential, 6 Units per acre. Existing development in the vicinity of the site consists of generally low to medium density single family residential uses. There are existing residences on proposed lots 24, 21 and 5, which are to be retained. Adjoining land to the south is developed with City of Kent's Pump Station No. 5 consisting of a pump control building, a 125,000 gallon elevated tank and a six million gallon above-ground water reservoir. Page 2 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA #RPP3-2023914 Land directly to the north consists of low density single family development and is zoned SR-4.5. Land to the east, across 98th Avenue S. has been developed with several medium density single family subdivisions and is zoned SR-6. Adjoining land at the southwest corner of the subject property has been recently platted to a medium density through two short plats. Land to the northwest of the site is developed as the 33 lot, 9.4 acre - Wildberry subdivision. F. History The subject property was annexed to the City of Kent on February 28, 1995 as part of the 218 acre Beck annexation area (Ordinance No 3210). This project was previously reviewed under the name Dorchester Heights. A tentative plat meeting was held on October 5, 2000 to discuss development related concerns and to review proposed preliminary conditions of approval pertaining to this plat. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A Mitigated Determination of Nonsignificance (#ENV-2002-52) for the rezone proposal as well as a project-specific proposal for a 35 lot subdivision was issued on April 21, 2003. No conditions were proposed for the rezone portion of the SEPA application. The proposed project portion of the checklist contemplates a 35-lot subdivision. The applicant's SEPA application requested both a non- project analysis (rezone) and project-specific (subdivision) analysis. On- site environmental impacts associated with the proposed project specific development have been analyzed and conditioned in the above referenced determination. The project specific proposal is dependent upon the outcome of the rezone application. B. Significant Physical Features Topography, Wetlands and Vegetation The subject site slopes gently from west to east at a slope of approximately 4 percent. According to an approved wetland assessment prepared by Watershed Dynamics dated November 21, 2002, the subject Page 3 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 property is encumbered by three areas of Category III wetlands. Category III wetlands require a minimum 25-foot buffer and a 15-foot building setback from the buffer edge. Although 13 significant trees have been identified, the site is vegetated primarily by grasses as well as herbaceous plants and deciduous shrubs. C. Significant Social Features 1. Street System The subject site is located within the East Hill area of the City and will take its primary access from 98tt' Avenue S and from 94'" Avenue S. via S 237th Street. Ninety-eighth Avenue S. has an existing public right-of-way width of approximately 40-feet, while the asphalt street width is currently about 18- to 20- feet wide. The existing street provides for two narrow lanes of traffic, but none of the following other improvements: cement concrete curbs and gutters; stormwater drainage system; cement concrete sidewalks; nor a street lighting system. Ninety-fourth Avenue S. has an existing public right of way which varies, however, the bulk of it between S. 2371t' Street and S. 240th Street is 30 feet in width. Like 98th Avenue S., it also is an asphalt street with a width of about 18 to 20 feet. The existing street provides for two narrow lanes of traffic and only has sporadic sections of other improvements such as cement concrete curbs & gutters; stormwater drainage system, cement concrete sidewalks and street lighting. Ninety-eighth Avenue S. is classified as a Residential Street upon the City's Master Plan of Roadways, which will require, a minimum of 50-feet of public right of way; a 28-foot wide asphalt roadway with two traffic lanes; vertical cement concrete curb & gutters, a 5- foot wide planter strip, and a 5-foot wide cement concrete sidewalk on both sides of the street; a stormwater drainage system; a City- approved street lighting system; public utilities, and other street appurtenances when fully improved. South 236`t' Street is classified as a Residential Street upon the City's Master Plan of Roadways, which will require: a minimum of 50-feet of public right-of-way; a 28-foot wide asphalt roadway with two traffic lanes; cement concrete curb & gutter, a 5-foot wide planter strip, and a 5-foot wide cement concrete sidewalk on both sides of the street; a stormwater drainage system; a City-approved Paqe 4 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 street lighting system; public utilities, and other street appurtenances when fully improved. Ninety-fourth Avenue S. is classified as a Residential Collector Arterial upon the City's Master Plan of Roadways, which requires a minimum right of way width of 56 feet, 36-foot with asphalt roadway with two traffic lanes and one two way left turn lane, cement concrete curb & gutter, 5 foot wide planter strips, 5 foot wide cement concrete sidewalks on both sides, a storm drainage system, a City approved street lighting system and other street appurtenances when fully improved. This development is within an area which is characterized by streets with narrow traffic lanes and narrow or no shoulders, and has been identified as having substandard pedestrian facilities. This development will require off-site sidewalks ( walkway improvements to provide safe travel for school-age pedestrians to and from East Hill Elementary School. 2. Water System The site is located within the City of Kent water service area. An 8-inch water main is currently located under 98th Avenue S and is available to serve the site. 3. Sanitary Sewer System The site is located within the City of Kent sanitary sewer service area. An existing sanitary sewer main is located approximately 1400 feet north of the subject property and will be extended in conjunction with future development of the site. 4. Stormwater System A stormwater system will be necessary to accommodate any subsequent development. The developer will be required to complete a drainage analysis then develop and submit drainage plans prepared in accordance with the 2002 City of Kent surface Water design Manual and the 1998 King County Surface Water Resign Manual. Page 5 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of these applications: Chief Administrative Officer Police Department Director of Public Works Fire Chief Parks & Recreation Director City Clerk City Attorney Kent School District WA Dept, of Fish and Wildlife U.S. Post Master WA Dept. of Ecology Washington State DOT K. C. Wastewater Treatment Puget Sound Energy King Co. Environmental Health Qwest King Co. Transit Division King Co. Water and Land Div. In addition to the above, all persons owning property located within 300 feet of the site were notified of the application and of the public hearing. No public comments were received pertaining to these applications. Comments received from the above listed agencies and departments have been incorporated in the staff report where applicable. IV. PLANNING SERVICES REVIEW A. Comprehensive Plan In 1995, the Kent City Council adopted the Kent Comprehensive Plan (Ordinance #3222 — April 18, 1995), which represented a complete revision to the City's 1977 comprehensive plan. The 1995 plan was prepared under the provisions of the Washington State Growth Management Act. The Comprehensive Plan, through its goals and policies, presents a clear expression of the City's vision of growth for citizens, the development community, and other public agencies. The plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner, and City departments to guide decisions on amendments to the City's zoning code and other development regulations, which must be consistent with the plan, and also guide decisions regarding the funding and location of capital improvement projects. The City of Kent Comprehensive Plan is comprised of eleven elements r! which contain written goals and policies as well as a land use map. The proposed subdivision supports several goals and policies in the Land Use element, most notably goals LU-1, LU-8 and LU-9 and policies LU 1.1, Page 6 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA #RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 LU 8.1 and LU 9.4 related to accommodating growth and providing a variety of single family lot sizes. The proposed plat is located near existing urban services and infrastructure. The City supports the development of close-in vacant or underdeveloped properties which limits further urban sprawl on the edges of the planning area. In addition, in-fill development provides a more efficient means of providing services and enhancing pedestrian mobility. The proposed Morgan's Place preliminary plat provides an acceptable level of net density (approximately 6.95 units per acre; depending on the final number of lots approved) to support urban services. Furthermore, one of the objectives of the comprehensive plan is to provide a wide variety of housing types and opportunities to accommodate projected population growth (Goal H-2 of the Housing Element). Development of single family subdivisions on underdeveloped, single family zoned land is consistent with this objective. LAND USE ELEMENT The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area. The Land Use Plan Map designates the subject property as SF-6, Single Family Residential which allows six units per acre. The land use element also contains goals and policies relating to the location, density, and design of future development in the City and in the Potential Annexation Area. Overall Goal: Encourage a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent's residents Policy LU-8.1: Provide in the land use plan adequate land and densities to accommodate both city and county housing targets within the Potential Annexation Area. Average net residential densities throughout the Potential Annexation Area should be at least four units per acre in order to adequately support urban services. Policy LU-8.3: Located housing opportunities within close proximity to employment, shopping, transit and human and community services. Goal LU-9: Provide opportunities for a variety of housing types, options, and densities throughout the city and the Potential Annexation Area. Page 7 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 Policy LU-9.4: Allow single family housing on a variety of lot sizes, including 5,000 square foot lots. Locate smaller lot sizes within close proximity to the urban activity centers. Planning Services Comment: The proposed rezone and subdivision are supported by relevant goals and policies contained within the Land Use Element of the Comprehensive Plan. The development proposed through this subdivision request seeks to establish residential lots at a net density of 6.95 units per acre, which is sufficient to support urban services. The proposed location is easily served by existing urban services and is in convenient proximity to commercial areas along 2401' Street SE and 104t" Avenue SE. Also, the proposed rezone is consistent with the Land Use Plan Map, which allows up to six dwelling units per acre. HOUSING ELEMENT The primary goal of the housing element is to meet the current and future need for housing in the Kent area. Overall Goal: Ensure opportunities for affordable housing and an appropriate living environment for Kent citizens. Goal H-1: Promote healthy neighborhoods by providing a wide range of housing options throughout the community that are accessible to community and human services, employment opportunities, and transportation and by being sensitive to the environmental impacts of development. Policy H-1.1: Ensure that community and human services, including, but not limited to, fire, police, library facilities, medical services, neighborhood shopping, child care, food banks, and recycling facilities are easily accessible to neighborhood residents. Planning Services Comment The proposed rezone and subdivision are supported by relevant goals and policies contained within the Housing Element of the Comprehensive Plan. Appropriate services, including, but not limited to, fire, police, medical services and neighborhood shopping are easily accessible to neighborhood residents upon development of the subject property. Page 8 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA #RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 NATURAL RESOURCES GOALS AND POLICIES. Goal LU-20: Protect and enhance environmentally sensitive areas via the adoption of the City regulations and programs which encourage well-designed land use patterns such as clustering and planned unit development. Use such land use patterns to concentrate higher urban land use densities and intensity of uses in specified areas in order to preserve natural features such as large wetlands, streams, steep slopes, and forests. Goal LU-22: Ensure that the City's environmental policies and regulations comply with state and federal environmental protection regulations regarding air and water quality, noise and wildlife and fisheries resources and habitat protection. Demonstrate support for environmental quality in land use plans, development regulations, and site plan review to ensure that local land use management is consistent with the City's overall natural resource goals. Planning Services Comment: The proposed rezone and subdivision are supported by relevant goals and policies contained within the Natural Resources Section of the Comprehensive Plan. The property is encumbered by three Category 3 wetlands. Category 3 wetlands require a minimum 25-foot buffer and a 15-foot building setback from the buffer edge. Any subsequent development on the property will be subject to the wetland area requirements outlined in Chapters 11.05 of the Kent City Code Future development of the site will include wetland buffer areas which preserve the natural features of the site. Wetland buffers also limit the overall density of the site. TRANSPORTATION ELEMENT: Goal TR-1: Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act. Policy TR-1.2: Coordinate new commercial and residential development in Kent with transportation projects to improve affected roadways Page 9 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 Policy TR-1.5: Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible. Planning Services Comment: The Growth Management Act requires consistency between land use and transportation planning. As noted, the Land Use Plan identifies the area of the rezone as SF-6 Single Family Residential. The Public Works Department has identified improvements to the local transportation network necessary to accommodate the proposed higher density. These improvements will be required through the conditions of approval proposed for this subdivision. B. Standards For Granting A Subdivision The purpose of the City of Kent Subdivision Code is to provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, ensuring that the highest feasible quality in subdivisions will be attained, that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be promoted; that proper provisions for all public facilities, including connectivity, circulation, utilities, and services shall be made; that maximum advantage of site characteristics shall be taken into consideration; that the process shall be in conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan (KCC 12.04.015). The procedures regulating subdivisions are established to ensure quality development which promotes orderly and efficient growth, the conservation and proper use of land; protects the public health, safety, general welfare, and aesthetics of the city; makes adequate provisions for public facilities in conformance with provisions set forth in KCC Title 15, Zoning, and the Kent Comprehensive Plan; and complies with the provisions of this chapter and Chapter 58.17 RCW (KCC 12 04.600). No subdivision shall be approved unless the following principles of acceptability are met; the subdivision shall: 1. Create legal building sites which comply with all provisions of KCC Title 15, Zoning, and health regulations; Page 10 of 34 Staff Report Morgan's Place Rezone and Subdivision 4RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 2. Establish access to a public road for each segregated parcel, 3. Have suitable physical characteristics; a proposed plat may be denied because of flood, inundation or wetland conditions; slope, soil stability and/or capabilities; or the construction of protective improvements may be required as a condition of approval; 4. If adjacent to another municipality or King County, take into consideration the subdivision standards of that jurisdiction as well as the requirements of this chapter; 5. Make adequate provision for stormwater detention, drainageways, water supplies, sanitary wastes, and other public utilities and services, as deemed necessary; 6. Make adequate provision for the connectivity of streets, alleys, pedestrian accessways and other public ways (KCC 12 04.635). As evidenced by the General Information in section I. and the following responses to the criteria for approving subdivisions, the proposal is in general conformance with the Kent Subdivision Code. Furthermore, Section 12.04.685 of the Kent Subdivision Code indicates that a subdivision shall not be approved unless the City finds that appropriate provisions have been made for: a. The public health, safety and general welfare of the community; The proposed plat is consistent with the Comprehensive Plan designation of SF-6. The proposed density and lot dimensions are consistent with the SR-6, Single Family Residential zoning designation, which has been requested through application #RZ-2002-6. b. Protection of environmentally sensitive lands and habitat; The wetland boundaries and associated buffers have been delineated by Watershed Dynamics in a report completed . on November 21, 2002. This report has been reviewed and approved by the Public Works Department. The wetland and associated buffer areas identified in this report will be protected in a sensitive area tract/ easement. Page 11 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA #RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 C. Open spaces; Provisions for open space will be made through payment of a fee in lieu of dedication of on-site open space as discussed in section d. below. d. Community parks and recreation, The Parks Department has commented that the proposed subdivision does impact existing park facilities No open space is shown on the site plan for this project. The project proponent will be required to pay a fee in lieu of dedication of land pursuant to Section 12.04.780. This is based on the value of the subject land at the time of application for preliminary subdivision approval. As this application was submitted and deemed complete in December of 2002, land values from that date have been used to determine that a fee of $46,050 will be required in lieu of dedication of open-space within the proposed plat (based on the values provided by the King County Department of Assessments). Funds collected in lieu of an on site dedication of open space will be used for future improvements and expansion of Turnkey Neighborhood Park, which is in the vicinity of the proposed subdivision. e. Neighborhood tot lots and play areas; Provisions for these areas will be accomplished by the fee paid under section d. above. f. Schools and school grounds; The subject property lies within the Kent School District. Pursuant to KCC 12.13.160, a per lot impact fee will be assessed in association with the subdivision of land. The impact fee will be assessed and collected for each individual lot at the time of construction permit issuance and will be based upon the adopted impact fee at that time. Page 12 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 g. Drainageways; Each individual residence will be required to provide on-site infiltration as well as an overflow connection to an approved conveyance system. h. Stormwater Detention; The City of Kent Public Works Department has reviewed the incremental increase in impervious area and determined the proposed stormwater system is adequate. i. Connectivity of sidewalks, pedestrian pathways, traffic calming features and devices, and other planning features that assure safe walking conditions within and between subdivisions for residents and students who walk to and from schools, parks, transit stops and other neighborhood services; Sidewalks will be required along both sides of the proposed plat streets. Additionally, the applicant will be required to contribute to a fund for construction of an off-site asphalt walkway to serve East Hill Elementary School. J. Connectivity of streets or roads, alleys, pedestrian accessways, and other public ways within and between subdivisions and neighborhoods; The proposed plat is located between two public rights-of- way (94`h Avenue S. and 98`h Avenue S.). It is envisioned that this plat will connect to the west with the 8-lot Haupt Short Plat (SP-99-18) which was approved with conditions on December 7, 2001 and recorded on December 9, 2002. Additionally, at such time that adjoining property to the north (tax parcel #182205-9137) initiates redevelopment, 97 h Avenue S. will be extended to provide access to those properties. k. Transit stops; Transit service is available less than 0.11 mile to the south at the intersection of S. 240`h Street and 98th Avenue S. Page 13 of 34 Staff Report Morgan's Place Rezone and Subdivision 4RZ-2002-6 KIVA #RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 The Kent Park and Ride transit facility is located approximately 15 miles to the west in downtown Kent. I. Potable water supplies; All homes within the proposed plat will be connected to water service provided by the City of Kent. M. Sanitary wastes; All homes within the proposed plat will be connected to sanitary sewer service provided by the City of Kent. n. Other public utilities and services, as deemed necessary, power and natural gas lines will be installed during plat construction. Garbage service will be established by the individual residents. 7. The city has considered all other relevant facts; and determined that the proposed plat will be in conformance with ail of the criteria listed above. 8. The public use and interest will be served by the platting of such subdivision and dedication. 9. The City has considered the physical characteristics of the proposed subdivision site and may deny a proposed plat because of flood, inundation, or wetland conditions; slope, or sod stability and/or capabilities. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. C. ZONING CODE 1. Feasibility of Development If the proposed rezone from SR-4.5 to SR-6, Single Family Residential is approved, development on all lots in the proposed subdivision will be subject to Zoning Code requirements in the SR- 6, Single Family Residential zoning district. All proposed lots meet the minimum lot size and width requirements for the SR-6, Single Family Residential district. The applicant has indicated that the three existing homes located on proposed lots 10, 21 and 24, will Page 14 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 be retained. As conditioned in section V, these existing homes are in conformance with the residential development standards of KCC 15.04.170. As shown, the existing home located on proposed lot 24 will access 97'h Avenue S. via a private access road. The orientation of the existing house and attached garage in relationship to the private road are such that vehicular access to the garage will be very difficult. More convenient vehicular access to lot 24 could be achieved through a reconfiguration of the lot. Additionally, paved areas that extend from the front and rear of the existing home on proposed lot 24 currently encroach into adjacent proposed lots and across the new vehicular access path These encroaching areas of pavement will be removed upon development of each lot. The new roadways proposed through this subdivision request will change the driveway paths by which the existing residences take access to public right of way. Existing residences on lots 24 and 21 will access 97`h Avenue S. via Tract B, and the residence on lot 10 will access S. 237`h Street directly. The existing driveways and vehicle maneuvering areas currently associated with these lots are covered with compacted dirt and gravel. KCC 15.05.090 requires that accesses to and from public right-of-way be paved in order to reduce deposits of dirt and gravel onto roadways. Although lots 24 and 21 do not access a public right-of-way directly, paving near the access point to reduce potential deposits onto the new roadway is appropriate for all of the existing residences. Numerous significant trees are located on the site. Zoning regulations encourage the retention of significant trees where roads, utilities, and site improvements are not proposed. Tree retention plans will be required for the plat and development of each lot where trees are located (per KCC Section 15.08 240). 2. Criteria for Granting a Request for Rezone The following standards and criteria (Kent Zoning Code, Section 15.09.050) are used by the Hearing Examiner and City Council to evaluate a request for a rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria. Page 15 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA #RPP3-2023914 a. The proposed rezone is consistent with the Comprehensive Plan. Planning Services Comment The Comprehensive Plan Land Use Plan Map designates the subject property as SF-6, Single Family Residential which allows up to six units per acre. A rezone of the site from SR-4 5 Single Family Residential to SR-6 Single Family Residential will allow residential development up to 6.05 units per acre, which is also allowed under the Comprehensive Plan. As previously discussed, the proposed rezone is also consistent with the applicable goals and policies of the Comprehensive Plan. b. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planninq Services Comment The proposed rezone and subsequent single family residential development of the site would be compatible and integrate well with the existing development in the vicinity. Development in the immediate vicinity is a mix of platted subdivisions and unplatted parcels developed with single family homes and zoned SR-4.5, and SR-6, Single Family Residential. The subject property is adjacent to the 8-lot Haupt and 8-lot Supra short plats, both of which are currently under construction and when complete, will connect to Morgan's Place via an extension of S 237th Street. Residential properties associated with the Strawberry Lane subdivision and Swan Vista short plat, located across 98th Avenue S are zoned SR-6 and developed with homes similar to what would be allowed if this rezone is approved. Further, this subdivision proposes to create 33 new residential lots at a net density of 6.95 units per acre. This density of residential development is sufficient to support existing local urban services. C. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Page 16 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 Planning Services Comment A rezone of this property to SR-6 Single Family Residential will not generate additional trips onto the existing transportation system However, subsequent development of a proposed 35-lot subdivision will add a net 32 PM peak hour trips to the local street system. As detailed in section V of this report, road and street frontage improvements to meet the City of Kent roadway standards are recommended as conditions of approval. These improvements include curb, gutter, sidewalks, planting strips, street lighting, paving, and public stormwater conveyance. The applicant will be required to participate in other City transportation improvement projects by providing an environmental mitigation fee for the impacts created by development. d. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Services Comment The subject parcels were annexed to the City of Kent on February 28, 1995 as part of the 218 acre Beck annexation (Ord. 3210) and are developed with a total of three single family residences. In 1995 the City of Kent adopted its Comprehensive Plan which designated this area as SF-6 Single Family Residential. Along with the Land Use Plan Map and Policies, the plan also contains a target for the number of new households the City must accommodate for the 20-year time horizon of the plan. The GMA also states the City's development regulations must implement, and be consistent with the Comprehensive Plan. This proposal, which seeks to establish higher density single family development with smaller lot sizes while recognizing significant environmental features is consistent with the goals and policies of the Comprehensive Plan. Upon annexation in 1995, zoning for the area was set at R 1-9.6 (equivalent to the current SR-4.5 designation), which represented a reduction of the allowable density of 6 units per acre associated with the previous King County zoning of R-6. At the time, the 218- acre annexation area was generally characterized by single family Page 17 of 34 Staff Report r Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 homes on lots in the 1 to 5 acre range. Records of deliberations associated with the initial establishment of the R 1-9.6 zoning indicate that local residents were concerned with preservation of the existing neighborhood character and potential traffic impacts, primarily along 94`h Avenue SE, that would likely arise with further development of the area. The reduced density associated with the initial City of Kent zoning was established to address these concerns. Since that time, significant medium density, single family development has taken place within the immediate vicinity of the subject site. The density and character of development allowed under the proposed SR-6, Single Family Residential zoning designation would be generally consistent with surrounding residential development. Further, since establishment of the current SR-4.5 (R1-9 6) zoning, significant improvements to sanitary sewer infrastructure in the immediate area were completed. Specifically, the extension of sanitary sewer lines located north and west of the subject site has made the further extension of sanitary sewers to this site feasible. These extensions were necessary to provide for the higher densities allowed under SR-6 zoning. Conditions of approval require the owner/subdivider to improve the existing transportation network. e. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Planning Services Comment The proposed rezone is consistent with the intent of the Comprehensive Plan. Subsequent development on the site will have to meet applicable codes and regulations, including mitigation of anticipated environmental impacts. Therefore, the rezone proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. D. CONSISTENCY ANALYSIS The proposed rezone and subdivision are consistent with the goals and policies of the City of Kent Comprehensive Plan. Page 18 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA #RPP4-2023913 #SU-2000-6 KIVA #RPP3-2023914 1. Type of Land Use Allowed The development of single family home sites is a principally permitted use on land zoned SR-4.5 and SR-6, Single Family Residential. 2. Level of Development Allowed The proposed subdivision of approximately 9.78 acres into 35 building sites is consistent with the designated Comprehensive Plan designation of SF-6 Single Family/6 units per acre (pending the outcome of RZ-2002-6). 3. Adequacy of Infrastructure The proposed subdivision will place increased demands on existing transportation, water and sanitary sewer systems in the general vicinity. The project will also result in a significant net increase of impervious surface area between the two parcels involved. When fully developed, the impact of 32 new homes being occupied will result in an estimated 320 daily and 32 new PM peak hour trips to the local street system. The effects on the domestic water supply, sanitary sewer service, stormwater run-off, conveyance, storage, treatment and discharge and transportation impacts have been analyzed through the SEPA process and the associated MDNS conditioned accordingly. 4. Characteristics of the Proposed Subdivision The proposed subdivision, as presented, appears to be in general conformance with the Kent City Code with respect to the required minimum lot area, minimum lot width and access to a public right of way. E. PROPOSED FINDINGS Planning Services has reviewed these applications in relation to the Comprehensive Plan, zoning, land use, street system, flood control problems and comments from other departments and finds that: Page 19 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA #RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 1. The Kent Comprehensive Plan Land Use Map designates the site SF-6, Single Family Residential, 6 units per acre maximum density. 2. The site is currently zoned SR-4.5, Single Family Residential with a 7,600 square foot minimum lot size. If RZ-2002-6 is approved, this project will be subject to the development standards of the SR- 6, zoning district with a 5,700 square foot minimum lot size. 3. Land uses in the immediate area are predominantly low and medium density single family residential. 4. A Tentative Plat meeting was held for the proposed subdivision on October 5, 2000 (#TSU-2000-6). 5. A Mitigated Determination of Nonsignificance was issued for the plat on April 21, 2003 (#ENV-2002-52). 6. There are significant trees of six inch or greater caliper located on the property. 7. The site has access to 981h Avenue South. 8. The subject property would receive water service from the City of Kent. 9. The subject property would receive sewer service from the City of Kent. V. CITY STAFF RECOMMENDATIONS 1. ZONING MAP AMENDMENT (#RZ-2002-6) Upon review of the merits of this request and the Code criteria for granting a rezone, the City staff recommends APPROVAL without conditions of the Morgan's Place rezone. 2. PRELIMINARY SUBDIVISION (#SU-2000-6) Based on the merits of this request and the code criteria for granting a preliminary subdivision, staff recommends APPROVAL of the proposed Morgan's Place preliminary plat subject to the following conditions Pa4e 20 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 A. PRIOR TO RECORDING THIS SUBDIVISION: 1. The Owner/Subdivider shall pay all Charges in Lieu of Assessment and/or Latecomer Fees, if any, prior to the scheduling of the Pre-Construction Conference and/or prior to recording the plat, which ever comes first. 2. The Owner/Subdivider shall submit and receive approval of engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. The City sewer system shall be extended from the existing City sanitary sewer system located approximately 1,950 feet north of the subject property, and shall be sized to serve all off-site properties within the same service area. In addition, the sanitary sewer system shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area. Public sanitary sewer easements shall be provided over those portions of the sanitary sewer extension that are built outside of dedicated rights-of-way. The septic systems serving the existing homes within the proposed plat - if any - shall be abandoned in accordance with King County Health Department Regulations. b. A water system meeting domestic and fire flow requirements for all lots. The City water system shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area and loop the system as required by the Public Works Department. All existing wells shall be abandoned in accordance with the requirements of the Department of Ecology. Page 21 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 C. A stormwater system. Engineering Plans showing the stormwater system must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design as described above. Additional guidance for the Engineering Plans are given below: (1). As development occurs within this subdivision, roof downspouts for each roofed structure (house, garage, carport, etc ) shall be directed to Roof Downspout Controls per Chapter 5.1 of the 1998 King County Surface Water Design Manual. (2). The Owner/Subdivider shall submit Landscape Plans for within and surrounding the retention / detention facility to Planning Services and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Engineering Plans. These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, and the stormwater management landscaping requirements contained within the 1998 King County Surface Water Design Manual. Landscape Plans are not to be used to show required Street Trees. d. A Detailed Grading Plan for the entire subdivision meeting the requirements of the Uniform Budding Code, the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans. Initial guidance for these plans is given below: (1). These plans shall include provisions for utilities, roadways, retention / detention ponds, stormwater treatment facilities, and a building footpad for each lot. (2). These plans shall be designed to eliminate the need for processing several individual Grading Page 22 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA #RPP4-2023913 #SU-2000-6 KIVA #RPP3-2023914 Permits upon application for Building Permits: phasing of grading on a lot-by-lot basis will not be considered. e. A Temporary Erosion / Sedimentation Control Plan for the entire subdivision meeting the requirements of the City of Kent Construction Standards, and the Stormwater Management Manual for the Puget Sound Basin. These plans must reflect the Detailed Grading Plan discussed above, and Planning Services approved Detailed Tree Plan. f. A Wetland Mitigation Plan meeting the requirements of the City of Kent Wetlands Management Ordinance, and City of Kent Development Assistance Brochure #10, Wetland Mitigation Plans. These plans shall pursue avoiding or minimizing impacts to wetlands to the maximum extent possible by analyzing alternatives that would avoid the impact, as stated in Kent City Code, Section 11.05.120 - Avoiding wetland impacts. The applicant shall be advised a 15-foot building setback line shall be established from the edge of all wetland buffers. g. Interim Street Improvement Plans for 98`h Avenue S. These Interim Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards and Development Assistance Brochure #6-2, Private and Public Street Improvements, for a street designated as a Residential Street by the City of Kent Master Plan of Roadways. Initial guidance for the necessary interim frontage street improvements is given below: (1). Combined vertical concrete curbs & gutters, a 5-foot wide planter strip, and a 5 foot cement concrete sidewalk along the entire 98th Avenue S frontage of the subdivision. (2). A minimum of 14-feet of asphalt pavement as measured from the centerline of the right-of- way or approved roadway centerline to the face of curb on the west side of the street, Page 23 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 plus at least 12-feet of asphalt pavement as measured from the approved centerline to the edge of the traveled lane on the east side of the street. (3). A City-approved shoulder on the east side of 98th Avenue S. (4). A City-approved street lighting system. (5). Public stormwater collection, conveyance, detention and treatment facilities. (6). Street Trees shall be provided in the 5-foot wide planter strips and the species shall be selected from the list of Approved Street Trees contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. h. Pedestrian Walkway Improvement Plans providing for a safe walking route from this subdivision to East Hill Elementary School. These plans shall provide for a 6-foot wide vertically separated asphalt walkway (wide shoulder with extruded cement concrete curb) constructed in conformance with Standard Detail 6- 60, or for a 5-foot wide horizontally separated cement concrete sidewalk. This school walkway improvement will follow one of the two routes described below: (1). From the south end of the 5-foot wide sidewalk constructed along the west side of 98`h Avenue South to the existing sidewalk system constructed along the north side of South 2401" Street. This is the preferred route and includes some existing cement concrete sidewalk along its length. - (2). From the north end of the 5-foot sidewalk constructed along the west side of 981h Avenue South, along either side of S. 236" Street to 100'h Avenue S. to the 5-foot Page 24 of 34 . Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA #RPP3-2023914 sidewalk constructed along the northwest side of the intersection of 1001h Avenue S. at S. 236th Street. This route is the second choice for a school walking route and the final design will not permit a decrease in the existing (and substandard) pavement width along S. 236th Street. i. Street Improvement Plans for S. 2371h Street, The westerly terminus of this street shall align with the existing easterly extension of S. 2371h Street as constructed under conditions of approval for the Haupt Short Plat, SP 99-18; and for the Supra Short Plat, SIP 2001-05. The Street Improvement Plans for this subdivision street shall be designed in conformance with the requirements of a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements, for a street 28-feet wide. Initial guidance for these street improvements is given below: (1). Combined vertical curb & gutter, a 5-foot wide planter strip between the back of curb and the face of the sidewalk, and a 5-foot wide cement sidewalk on both sides of the street. (2). A minimum of 28-feet of asphalt pavement, as measured from face of vertical curb to face of vertical curb. (3). A street lighting system designed, constructed and maintained by the IntoLight Division of Puget Sound Energy; all electrical bills shall be paid for by a Home Owner's Association. In accordance with KCC 12.04.745 (C) (7) (f) , streetlights shall not exceed a height of 18 feet. (4). A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities. Page 25 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 (5). Curb return radii of 20-feet at the intersection of the SE 237th Street and 98th Avenue S, unless curb bulb-outs are required by the Department of Public Works during plan review. (6). Street Trees shall be provided in the 5-foot wide planter strips and the species shall be selected from the list of Approved Street Trees contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. (7). That portion of South 2371h Street contained within this subdivision is over 600-feet long and will require the construction of an approved traffic calming device, unless otherwise determined by the Department of Nor Public Works. Pre-approved traffic calming devices include bulb-outs constructed on the east and west sides of the new public street intersection with 97th Avenue South (preferred, since it would also be a pedestrian amenity), or a mid-block choker located east of the east property line of Lot 33. (8). The location of the South 237`h Street intersection connection to 98th Avenue South shall be approved by the Public Works Department after the approval of the Detailed Drainage and Wetland Mitigation Plans. j. Street Improvement Plans for 97th Avenue S., including provisions for a temporary cul-de-sac, or approved turnaround at its northerly terminus. The Street Improvement Plans for this subdivision street shall be designed in conformance with the requirements of a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements, for a street 28-feet wide. Page 26 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA #RPP3-2023914 Initial guidance for these street improvements is given below: (1) Combined vertical curb & gutter, a 5-foot wide planter strip between the back of curb and the face of the sidewalk, and a 5-foot wide cement sidewalk on both sides of the street. (2) A minimum of 28-feet of asphalt pavement, as measured from face of vertical curb to face of vertical curb. (3) A street lighting system designed, constructed and maintained by the IntoLight Division of Puget Sound Energy; electrical bill shall be paid for by a Home Owner's Association. In accordance with KCC 12.04.745 (C) (7) (f) , streetlights installed on residential streets or cul-de-sacs shall not exceed a height of 18 feet. (4) A public stormwater drainage system, including provisions for conveyance, detention, and treatment facilities. (5) Curb return radii of 20-feet at the intersection of South 237th Street and 971h Avenue South, unless curb bulb-outs are approved by the Department of Public Works as a traffic calming device. (6) Unless otherwise approved by Public Works, the temporary cul-de-sac may not encroach into the stormwater retention/detention tract. (7) 971h Avenue South is about 500-feet long and will require the construction of an approved traffic calming device, unless otherwise determined by the Department of Public Works. Pre-approved traffic calming devices include bulb-outs constructed on the east and west sides of the new public street intersection with South 237th Street (preferred because Page 27 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 this would also be a pedestrian amenity), or a mid-block choker located near the north property lines of Lot 19. (8) This subdivision street shall be designed to connect to the north edge of this subdivision. The right-of-way for this new residential street shall extend to the northerly boundary of this subdivision. (9) The location of the S. 237th Street connection to 97th Avenue S. shall be approved by the Public Works Department after the approval of the Detailed Drainage and Wetland Mitigation Plans. (10) Street Trees shall be provided in the 5-foot wide planter strips and the species shall be selected from the list of Approved Street Trees contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. k. Street Light Plans for 971h Avenue S., 98'6 Avenue S., and Southeast 237th Street meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-1, Street Lighting Requirements. In accordance with KCC 12.04.745 (C) (7) (f) , streetlights installed on residential streets or cul-de-sacs shall not exceed a height of 18 feet. I. Street Improvement Plans for the new Private Residential Street constructed within that area designated as Tract "B" and terminating with an approved turnaround at its west terminus if required by the Fire Marshal. The Street Improvement Plans for this street shall be designed in conformance with the requirements for a Private Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure #6-8, Street Page 28 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 Improvement Plans for a street at least 20-feet wide. Initial guidance for these street improvements is given below: (1) A minimum width of 20-feet of asphalt concrete pavement, measured from edge of pavement to edge of pavement, or from face of curb to face of curb, except for those 25- foot fillets required at the intersection with 97th Avenue South necessary for an emergency turnaround for 97th Avenue South. See condition (7) below for additional information on the potential public turnaround requirement. (2) A 5-foot wide paved walkway constructed along the one side of the street for all private streets serving more than four lots. (3) An approved cul-de-sac, or turnaround at its west terminus, unless otherwise determined by the City Fire Marshal. (4) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable. (5) Unless additional asphalt concrete pavement width is provided for parking, all minimum width private streets serving more than two lots shall have pavement markings and traffic signs installed which clearly designate these private streets as Fire Lanes, where no parking will be permitted. The minimum private street width to permit parking along one side of the street is 24-feet, and to permit parking along both sides of the private street, the minimum width is 28-feet. (6) The private street, including the walkway or cement concrete sidewalk should be centered within a private roadway and utility easement Page 29 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 that is at least 1-foot wider than the total width of the private street and sidewalk combination. (The easement is suggested to meet the City's minimum building setback requirements for Lot 24). (7) Should this street be used as the interim turnaround for 97th Avenue S., then the Owner /Subdivider must dedicate a temporary public turnaround easement on the face of the plat. This public roadway dedication should be worded so as to self-extinguish upon the northerly extension of 97th Avenue S. 3. Private Street Improvement Plans for the Joint Use Private Driveway constructed within the area shown as Tract "A". The face of the recorded plat, shall specify that this private street / driveway shall serve Lots 17 and 18 only. These plans shall provide for a minimum asphalt surface width of at least 12-feet that is centered within a private roadway tract or roadway and utility easement that should be about 1-feet wider than the width of the paved surface. 4. The private street shown in Tract "B" shall serve Lots 21, 22, 23 & 24 only, and the face of the recorded plat shall carry that restriction. 5. The Owner/Subdivider shall eliminate the proposed private roadway tracts to serve Lots 1 & 2, and 34 & 35. Access for these four lots should be from 98th Avenue S. 6. The face of the final plat shall clearly identify all private streets, and which parcels will be served by those private streets. The face of the final plat will also specify that the maintenance of all private streets is the sole responsibility of the property owners who are served by those private streets. 7. The Owner/Subdivider shall create a Homeowners Association for this subdivision to ensure that the property owners within this subdivision are advised of their requirement to pay for the provided street lighting system. Those sections of the required document written to govern Page 30 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 that association that relate to any IntoLight Division of Puget Sound Energy street lighting systems, and if applicable, the sinking fund for the City's Corridor Project, shall be reviewed and approved by the Department of Public Works prior to the recording these documents. 8. The OwnerlSubdivider shall submit and receive approval of a Detailed Tree Plan, meeting the requirements of the Kent Zoning Code, and City of Kent Development Assistance Brochure #3, Detailed Tree Plans. Grading Plans cannot be approved by the Department of Public Works without an approved Detailed Tree Plan. 9. The Owner/Subdivider shall dedicate or deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development. 10. Construction plans shall show new asphalt approach aprons to connect lot 10 to the edge of pavement on S 237'" Street and lots 21 and 24 to the edge of pavement on Tract B. The dimensions of these aprons shall be sufficient to prevent vehicle track-out of dirt and gravel onto the new roadways and shall be approved by the Department of Public Works and Planning Services. 11. The Owner/Subdivider shall permanently protect the approved and preserved, and/or enhanced, or created wetland(s) and it's buffer(s) by creating a separate Sensitive Area Tract and deeding the tract in fee simple to the City, OR by granting a Sensitive Area Easement to the City for the entire sensitive area, in conformance to the requirements of the City of Kent Wetlands Management Code. This Sensitive Area Tract or Easement shall be consistent with the wetland and wetland buffer map contained within the approved Wetland Delineation Report and/or approved Wetland Mitigation Plan as appropriate. The Owner/Subdivider shall provide a legal description of . said easement or tract prepared by a licensed land surveyor, prior to issuance of any Construction Permits. The Sensitive Area Tract and the following language shall be included on the face of the recorded plat: Page 31 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA #RPP4-2023913 #SU-2000-6 KIVA #RPP3-2023914 SENSITIVE AREA TRACTS / EASEMENTS DEDICATION OF A SENSITIVE AREA TRACT / EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT.THE SENSITIVE AREA TRACT/ EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT 1 EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT THE COMMON BOUNDARY BETWEEN THE TRACT / EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT / EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY. THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE UNDERGROUND CONSTRUCTION, ANDIOR DRAINAGE SYSTEM MAINTENANCE. 12. After construction, the wetland and buffer areas shall be isolated from intrusion and/or disturbance using landscaping, or other appropriate screens, as well as an approved permanent wildlife-passable fence. In addition, Wetland Information Signs approved by the Department of Public Works shall be placed at the wetland buffer edge to Page 32 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA #RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 inform and educate owners and nearby residents about the value of wetlands. 13. As may be applicable, (particularly for the off-site sanitary sewer extension near Garrison Creek), the Owner / Subdivider shall submit a Geotechnical Report meeting the minimum requirements of City of Kent Development Assistance Brochure #7, Geotechnical and Geological Reports, to address steep slopes, instability issues, and/or other Hazard Areas as defined by Section 15 08.224 of the Kent City Code with the submittal of civil engineering drawings for this subdivision. This report shall include a topographic and survey map prepared, stamped and signed by a licensed land surveyor which clearly defines the top and bottom of ravines, and the boundaries of all Hazard Area Slopes as defined by Section 15.08 224 of the Kent City Code. 14. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-1, As-Build Drawings, for: Streets; Street Lighting System; Water; Sewer; Stormwater Drainage Facilities; and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works. 15. The Owner/Subdivider shall implement all mitigation measures required by the Mitigated Determination of Nonsignificance for the proposed Morgan's Place preliminary subdivision, File #ENV-2002-52. 16. The Owner/Subdivider shall construct and locate mailbox kiosk(s) as approved by U.S. Postmaster and the City of Kent Public Works Department. C. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THE MORGAN'S PLACE SUBDIVISION (SU 2000-06) THE OWNERISUBDIVIDER SHALL: 1. Record the Plat. Page 33 of 34 Staff Report Morgan's Place Rezone and Subdivision #RZ-2002-6 KIVA#RPP4-2023913 #SU-2000-6 KIVA#RPP3-2023914 2. Construct all of the improvements required in Section A, above. 3. Provide and receive approval of as-built drawings as described above. 4. Pay the Kent School District Impact Fee for that lot. KENT PLANNING SERVICES August 27, 2003 S\Permit\Plan\rezone\2002\2023606-2002-5staffrpt.doc Page 34 of 34 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT WA ,Q20,Ct�,V aW, IV c - ta- B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS C,O--&A - • E. PLANNING COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS IVI/WL /I AVv- J Z tie n d pwip REPORTS FROM S CI COMMITTEES 1 Operations Committee Minutes September 16, 2003 Committee Members Present Chair Rico Yingling, Leona Orr, Tim Clark The meeting was called to order by Rico Yingling Chair at 4.04 P M Agenda Item No 7, August Finance Report Handout, was removed One (1) item was added to the agenda, Kent Police Department's request for authorization to accept the Bureau of Justice FY 2003 Local Law Enforcement Block Grant (LLEBG) KENT POLICE DEPARTMENT REQUEST FOR AUTHORIZATION TO ACCEPT THE BUREAU OF JUSTICE FY 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT(LLEBG) IN THE AMOUNT OF $52,912 Police Chief Ed Crawford presented this added agenda item which would allow the Kent Police Department to apply for the Bureau of Justice FY 2003 Local Law Enforcement Block Grant The City's allocation for FY 2003 is $52,912. The City's required 10% match equals $5,879 00. The total grant project amount equals $58,791 The grant will fund bar coding software and interface, GPS Automated Vehicle Locator software, and participation in the Regional Automated Information Network ("RAIN") project which Inks three agencies' records management information systems Leona Orr moved to recommend that this item be placed on the Consent Calendar for the October 7, 2003, City Council meeting accepting the FY 2003 Local Law Enforcement Block Grant (LLEBG) and establish budget documents as needed. The motion was seconded by Tim Clark and passed 3-0. APPROVAL OF MINUTES OF AUGUST 19, 2003 Leona Orr moved to approve the minutes of the August 19, 2003, Operations Committee meeting. The motion was seconded by Tim Clark and passed 3-0. APPROVAL OF VOUCHERS DATED SEPTEMBER 15, 2003 Tim Clark moved to approve the vouchers dated September 15, 2003. Leona Orr seconded the motion,which passed 3-0. MATRICULA CONSULAR IDENTIFICATION RESOLUTION. City Attorney Tom Brubaker presented the proposed resolution which would provide for City staff to acknowledge and accept the Matncula Consular as a valid form of identification when it is presented for City services However, the card will not be accepted as a valid form of identification when to do so would be contrary to Federal, State, or local laws Tim Clark moved to recommend Council adoption of the proposed resolution acknowledging and recognizing the Mexican Consular Identification Card as a valid form of identification for City services and recommending that private agencies and institutions within the City also accept the card when doing so will not conflict with state or federal law. The motion was seconded by Leona Orr and passed 3-0. 2 Operations Committee, 9/16/03 IMPOUNDMENT RESERVOIR PROPERTY— DESIGNATING THE PROPERTY AS SURPLUS. City Attorney Tom Brubaker presented this agenda item for informational purposes only to inform the Operations Committee that pursuant to state law, RCW 35 94 040, the City must hold a public hearing before determining whether or not to surplus any water utility property. In order to fulfill that obligation, staff has set October 7, 2003, as the date for the public hearing on the possible surplus of the City's Impoundment Reservoir property. The purpose of the hearing is to receive comments only. There will be no council action at the close of the hearing. No action required. 2003-2008 ECONOMIC DEVELOPMENT STRATEGIC PLAN RESOLUTION Economic Development Manager Nathan Torgelson presented the proposed resolution authorizing Council to approve the City of Kent's 2003-2008 Economic Development Strategic Plan The Plan is a five (5) year plan which sets forth a strategic economic agenda for the City of Kent and its business and community partners. The Plan builds on two of the City's five strategic goals A Vibrant Downtown and a Strong Local Economy The purpose of the plan is to articulate a set of measurable strategies for the City's future economic growth, to set a five-year workplan for the City's Economic Development Manager, and to serve as a marketing document for the City's business attraction, retention, expansion and investment efforts. The plan will provide focus and direction for future resource allocation and decision making 0 Leona Orr moved to recommend Council approve adopting the City of Kent Economic Development Strategic Plan 2003-2008. The motion was seconded by Tim Clark and passed 3-0. PC REPLACEMENT PLAN 2003 Information Technology Director Stan Wade presented this agenda item which would allow the City to replace 120 computers this year, which will eliminate the City's 120 oldest computers and maintain an adequate desktop computing environment to operate the City's business and productivity applications. This replacement would not include monitors as they are purchased separately and are replaced only as failures occur. Tim Clark moved to recommend Council authorize the Mayor to sign purchase orders for replacement computers and vendor services not to exceed $106,654, pending approval of the contract documents by the Law Department. The motion was seconded by Leona Orr and passed 3-0. The meeting was adjourned at 4.31 P M. Renee Cameron Operations Committee Secretary 2 Parks Committee Minutes September 9, 2003 Committee Members Present- Judy Woods, Chair; Bruce White, Connie Epperly Staff Present: John Hodgson, Lon Flemm, Ronda Bdlerbeck Tom Brubaker, Recorder Ten Petrole The meeting was called to order by Judy Woods at 4.05 p m An informational report on the Off Leash Dog Area was added to the agenda as item number 10. 1 Approval of Minutes of July 8, 2003 Bruce White moved to approve the minutes of July 8, 2003. Connie Epperly seconded and the motion carried 3-0 2. City Beverages Sponsorship for Spotlight Series - Accept and Amend Budget City Beverages will sponsor a portion of the "Spotlight on Arts" in-school educational element of the Kent Arts Commission's Spotlight Series of performing arts events in 2004 The total amount of$750 00 will be used to support the presentation of three educational activities in Kent elementary and middle schools. The funds will offset the expenses of producing an elementary school music assembly by chamber music duo, The Chvatal Kritzer Duo and two "Science Circus" assemblies for elementary or middle school students by juggler Rhys Thomas Connie Epperly moved to recommend accepting the sponsorship from City Beverages for$750 00 in support of the Spotlight Series and amending the Kent Arts Commission Budget Bruce White seconded and the motion carried 3-0. 3. 2004 Washington State Arts Commission Grant for Canterbury Faire - Accept and Amend Budget The Washington State Arts Commission (WSAC) has awarded the City of Kent Arts Commission a grant in the amount of$6,000 for the second year of the 2003-2004 funding cycle WSAC's Organizational Support Program (OSP) provides funding intended for general operating support. The Kent Arts Commission applies this funding to production of the annual arts and heritage festival, Canterbury Faire. Bruce White moved to recommend accepting the grant from the Washington State Arts Commission for$6,000.00 in support of Canterbury Faire and amending the Kent Arts Commission budget. Connie Epperly seconded and the motion carried 3-0 4. Kent Civic & Performing Arts Board Sponsorship for Spotlight Series - Accept and Amend Budget - Accept and Amend Budget The Kent Civic & Performing Arts Center Board of Directors will sponsor a portion of the 2003-2004 Spotlight Series of performing arts events The total amount of $5,000.00 will be used to support one public performance and one educational outreach activity by the "Mystical Arts of Tibet." Connie Epperly moved to recommend accepting the sponsorship from Kent Civic & Performing Arts Center Board of Directors for$5,000.00 in support of the 2003-2004 Spotlight Series and amending the Kent Arts Commission budget. Bruce White seconded and the motion carried 3-0. Judy Woods suggested purchasing tickets for the winter concert series soon because they are selling quickly. 5. 2003/2004 Washington State Arts Commission Grant for Canterbury Faire - Accept and Amend Budget The Washington State Arts Commission (WSAC) awarded the Kent Arts Commission an Organizational Support Grant in the amount of$7,500.00 for the first year of the 2003-2004 grant cycle. Funds will be used to support production of the 17th Annual Canterbury Faire. Bruce White moved to recommend accepting the grant from the Washington State Arts Commission for$7,500 00, and amending the Canterbury Faire budget Connie Epperly seconded and the motion carried 3-0 6 IAC Grant for Morrill Meadows Park -Accept and Amend Budget State budget appropriation awarded funds to Kent for Morrill Meadows Park Backhaus Acquisition in the amount of$275,660 00. The funds will be used to acquire property between Morrill Meadows Park and East Hill Park for park connectivity. Connie Epperly moved to recommend accepting the grant from the IAC for $275,660.00 in support of Morrill Meadows Park acquisition and amending the Land Acquisition budget. Bruce White seconded and the motion carried 3-0. 7. King County Health Department Donation for the Walking Guide - Accept and Amend Budget Parks and Graphic Department staff collaborated to develop a guide identifying popular walking trails in the Kent area. Along with the guide, a video segment for Inside Kent was produced and a web site was created and published. Seattle and 10 King County Public Health Department provided $2,000.00 for printing costs. The Graphics Department was able to print 7,500 copies of the new Walking Guides. The guides have been distributed to public locations and are available at no cost to the public. Bruce White moved to recommend accepting the donation from Seattle and King County Public Health Department for$2,000.00 in support of the Walking Guide and amending the operating budget. Connie Eppedy seconded and the motion carried 3- 0 8. IAC Grant for Valley Floor Community Park -Accept and Amend Budget In 1998, the City submitted an IAC grant for acquisition of the LDS property for the Valley Floor Community Park. The city grant application was below the funding level, but a city ahead of Kent dropped out and the IAC made a partial grant award to Kent. The award was originally approved and accepted at Parks Committee 4/08/03 and City Council 4/15/03 in the amount of$138,090 00. Since then, additional funds were allocated for this project in the amount of$78,660.43, making the grant award a total of$216,750.43. Connie Epperly moved to recommend accepting the grant from the IAC for $216,750 43 in support of the Valley Floor Community Park acquisition and amending the Land Acquisition budget. Bruce White seconded and the motion carried 3-0. 9 King Conservation District Grant for Campus Park Reforestation - Accept and Amend Budget In 2002, the City received a $950 00 grant from the WA State Department of Natural Resources Urban Forestry for removal of diseased trees at Campus Park. Replacement cedar trees were planted by Kent Meridian Key Club members with City staff in April 2003, as an Arbor Day celebration event The City submitted a reimbursable grant to King Conservation District (KCD) for the 25 replacement trees Bruce White moved to recommend accepting the grant from King Conservation District Number 9 for $950 00 in support of the Campus Park Reforestation Project and amending the Native Plants budget. Connie Epperly seconded and the motion carried 3-0. 10.Added Item. Lori Flemm announced that with the help from Park's staff and volunteers from Key Bank, LDS and Eagle Scouts, the Off Leash Dog Area will be completed soon The official opening will be Saturday, October 4, at 10 00 a m at South 228th and Military Road South. The meeting adjourned at 4:25 p.m. CONTINUED COMMUNICATIONS A. t9 0 '� EXECUTIVE SESSION A) Property Acquisition i ACTION AFTER EXECUTIVE SESSION A) Impoundment Reservoir—Declare As Surplus and Authorize Mayor to Sign Purchase and Sale Agreement—Resolution •