HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/19/2004 City of Kent
CityCouncil Meeting
A enda
October 19, 2004
Mayor Jim White
Julie Peterson, Council President
Councilmembers
Tim Clark Debbie Raplee
Ron Harmon Les Thomas
Bruce White Deborah Ranniger
KENT
WASHINGTON
City Clerk's Office
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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
tk.L a yr,tt•,.�'
B) FROM THE PUBLIC �yy ,« , n�1
l�� �ta�d;�,y�irh���-•.moo _ GJCe� aL- a-�� t�.e�
U UAg
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PUBLIC COMMUNICATIONS
A) ECONOMIC D LOPMENT UPDATE
B) GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD
PRESENTATION
C) PROCLAMATION-MAKE A DIFFERENCE DAY
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Kent City Council Meeting
Date October 19, 2004
Category Public Hearings
1. SUBJECT: STREET VACATION, S.E. 278TH STREET
2. SUMMARY STATEMENT: Resolution No. 1688 established October 19, 2004, as
the public hearing date for the application by Ms. Cherie Lang to vacate a portion of
SE 278t` Street. A staff report recommendi�g approval with conditions.i.
she
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3. EXHIBITS: Public Works Director's memorandum, staff report, Resolution No.
1688 &No. 1638 and map
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: F Amount S
Unbudgeted Revenu Fund Amount S
6. CITY COUNCIL CATION:
01
A. Councilmember r move seconds
to close the public hearing.
B. Councilmember 006veq/Ceusegmember seconds
to approve staff s recommendation of approval with conditions of the application to
vacate portions of SE 278d' Street, as referenced in Resolution No.1688, and to direct
the City Attorney to prepare the necessary ordinance upon compliance with the
conditions of the approval. ""� ,Q�_ eQ a-�-�d? CA-9—
DISCUSSION:
ACTION:
Council Agenda
Item No. 5A
PUBUC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
• Phone 253-856-5500
K E N T Fax 253.856-6500
I W s H,N a r o N Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: October 19,2004
TO: Mayor White and City Council Members
FROM: Don Wickstrom, Public Works Director
SUBJECT: Street Vacation,SE 278" Street
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MOTION Recommend approving staffs recommendation of approval with conditions of the
application to vacate portions of SE 278'h Street and direct City Attorney to prepare the
necessary ordinance upon compliance with the conditions of the approval
SUMMARY: The Public Works Committee recommends approval of the street vacation with no
changes to the conditions recommended with the previous June 17,2003 approval and listed
below
1 BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact
I BACKGROUND: Ms Chene Lang previously applied for approval for a Street Vacation for a
portion of SE 27e Street,approval was obtained at the June 17,2003 City Council meeting
upon compliance with the conditions of the approval Unfortunately Ms Lang let the time
period lapse for when compensation was due and thus had to reapply which was done on
September 3,2004
The Public Works Department recommends that the current request to vacate a portion of SE
278'h Street, as described in Resolution#1688 and as shown on the accompanying map be
APPROVED with the same conditions recommended at the June 17,2003 City Council Meeting
1 The City shall be compensated in US currency for the full appraised value of the
nght of way proposed to be vacated
2 All monies received for compensation shall be deposited in the school pedestrian
walkway fund(R20036)and used for said fund's purpose
3 For any private or quasi-private utility such as power, gas,telephone or cable TV
which has existing facilities within(under,upon and/or over)the right of way
petitioned to be vacated,the petitioner shall grant said utility an easement for the
operation and maintenance of same
Mayor White and Kent City Council l
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4 Should Water District#111 and/or Soos Creek Water and Sewer District have
existing facilities within(under,upon and/or over)the right of way petitioned to
be vacated, the petitioner shall grant said Distnct(s)an easement for the operation
and mamtenance of same
5 The legal description of the right of way to be vacated shall be as denoted in the
petition less that portion of said SE 278'b Street right of way which lies southerly
of a line that is parallel to and 30 feet northerly and perpendicular to the pavement
centerline of said street as measured between the face of curb and face of curb and
as established at the petitioner's sole expense by a Washington State licensed
Land Surveyor after review and approval by the City's Public Works Department
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Mayor White and Kent City Council 2
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
• Phone 253-856-55W
KEN T Fax253-85s.65ao
W A S N I N O T O N Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: September 20,2004
TO: Mayor White and Kent City Council
FROM: Don Wickstrom,Public Works Director
THROUGH
SUBJECT: Portion of SE 278"'Street—Street Vacation
MOTION: Recommend Council adoption of a resolution setting a public hearing date of
October 19,2004 for the Street Vacation located along a portion SE 278d'Street.
SUMMARY: We have received a valid petition to vacate a portion of SE 2780'Street. In
accordance with state Iaw,a public hearing must be held. The Public Works Department
recommends adoption of a resolution setting the public hearing date
1 BUDGET IMPACT• No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: By law upon receipt of a valid street vacation petition the City,via
adopting a resolution is required to hold a public hearing thereon within 60 days of passage of
said resolution.
Mayor White and Kent City Council 1 SE 278e Street —Street Vacation
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RESOLUTION NO.
A RESOLUTION of the City Council of the City
of Kent,Washington,regarding the vacation of the portion
of Southeast 27e Street, in the City of Kent, and setting
the public hearing on the proposed street vacation for
October 19,2004.
RECITALS
A. A petition, attached as Exhibit A, has been filed by Cherie Lang to
vacate a portion of Southeast 278*Street,located in the City of Kent, Washington.
B. The petition is signed by the owners of at least two-thuds of the real
property abutting that portion of Southeast 278'h Street to be vacated;
C The petition is m all respects proper.
NOW THEREFORE, THE CITY COUNCIL. OF THE CITY OF KENT,
WASHINGTON,DOES HEREBY RESOLVE AS FOLLOWS.
RESOLUTION
SEM 1V 1.-ubhe Beadgg A public hearing on the street vacation petition ,
requesting the vacation of a portion of Southeast 278`b Street shall be held at a regular
meeting of the Kent City Council at 7 00 p.m, Tuesday, October 19, 2004, in the
1 Southeast 278"Street Vacarkm
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Council Chambers of City Hall located at 220 4th Avenue South, Kent, Wasbington,
98032.
SECTION 2. —Nonce. The City Cleric shall give proper notice of the hearing
and cause the notice to be posted as provided by state law,Chapter 35.79 RCW
SEC770N 3. — jon=on The Planning Manager shall obtain any other
1 necessary information from appropriate departments and shall transmit the information
to the Council so that the Council may consider the matter at its regularly scheduled
1 meeting on October 19,2004.
SECTION —Sewrabifim If any section, subsection, paragraph, sentence,
clause or phrase of Qua resolution is declared unconstitutional or invalid for sny
1 reason, such decision shall not affect the validity of the remaining portions of this
resolution.
SECTION S.—13atification Any act consistent with the authority and prior to
the effective date of this resolution is hereby ratified and affirmed.
SECTION —Effective Date. This resolution shall take effect and be in force
immediately upon its passage.
PASSED at a regular open public Meeting by the City Council of the City of
Kest,Washington,this}2_day of September,2004.
CONCURRED in by the Mayor of the City of Kent this _t' day of
September,2004.
�! ,RA+.yar tteTtM
I2 Serrrhem 2786 Street Vacates
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ATTEST:
APPROVED AS TO FORM:
,t Le
TOM BRUBAMt.Cfl'Y ATTORNEY
I hereby certify dW this is a true aid cayert copy of Resolution No 14U Passed t
by the City Council of the City of Ken,Washington,the�_day of September,2004.
Pam FR 14,MIS
efa.musaunaMsrvacm�rsar.�rr..ime -�
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3 Southeast 278o Street Vacation
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KENT
• WA Ml a aT01
MaytrJituWldle XiYA#:
Old KIVN9RPTS•EOR=-=
C"fOF KW
MAIL TO: p D 3 2004 APPL[CAATf:
CITYOlrmw ENINE£RNG OEM' AAM&4 Cherie Lang
Propetl dMAfi: cet +� �F`J 24431 SE 170th St.
22D S.4 Avenue ADDRESS:
Kent,Washmgion 98M
Attie J�TtvlcCaughtut ' J':' Hapla Valley, WA 9503
U t Y OF KUP 206-391-2021 �
r•N.,, „�rn PHON>i P
bSTREET ANDIOR ALLEY VACATION APPLICATION AND PETITION �'
Dear May"and Kent CRyComed:
We,the underfliMed abutting pmpcdy ovrnett,hereby ttmpectfuily request that uddn sE 9-
278th sE• hereby be vacated,
n
Legal Description ofSftWAHey Sought to be,Vacated
(Must Contain Total Square Feet of Area Sought To Be Vacated)
BRIER STATEMENT WHY VACATION IS BEING SOUGHT
A'•CIMItEh ownership and encumbrance report must be
submitted with this application thatwvaa all tha Amumg
properties coempous to dky or street soagbt to be vacated. Wha
Carpomdans,partoe=ahipy ete.are being signed for,and rhea
proof oflndindual's authority to sign for same shall alto be
1 submitted.
Attach a color-coded map of ascok of not less than 1" 2.00'of the area sought for vac-A&
(NOTE) Map tttust rarrespo:bdwidt legal desuiptioa
j ABUTTING PROPERTY OWNERS TAX LOT$
SIGNATURES AND ADDRESSES LOT.BLOCIC dt PLATISEG'I WN.RG.
3422OS-9171
' 27626 - 145th P1. St:
Kept, IdA 98031
. $150.00 Fee Yard Pam'' ` '� Tmaaura's Recupt No.
Apptnisal Fee Paid Treasorcen Receipt No.
Z..nd Vnl a Patd Tna canes It"apt He.
Deed Accepted Data
TYadeAeeepted Date
EXHIBIT "A"
LWevw Uanase,.aVWWW AgAM .
C:,r t,! f -
PROPOSED MEETVAca M
Lary ShcdSubdrvi m—
L.EGAL DESCRIPTKNt
IMT PORTION OFTM NORTH HALFOFTHE SOUTHEAST 114 OF THE NOR{HEAST
1I40F SECTION 34.TOWNSHIP 22 NORTH RANGE 5 EAST,W.M.,IN IONG MLNIY. '
WASHINOMK DESCRIBED AS FOULM
BEGWNWG AT THE INTERSECTION OF THE NORTH UNE OF THE SOUTH 31 FIXT OF
SAD NORTH HALF WITH THE EAST L WE OF SNO NORTH HALF;MIENCE N UH
89R W WESTALONG SAID NORTH LINE440 FEETTO THE TRUE POINT OF
BEGIY�fE 39.ODDOFEET;THENCE SOUTH B9d3 TEAST1717FEEfTOAPOINTOF
CURVATURE:THENCE ONA CURVE TO THE LEFT IN A NORTHEASTERLY TIIECTK)N
MINGG A RADIUS OF 41443 FEET,AN ARC OF 139 20 FEET;THENCE NORTH
7M!Zr EAST21 Go FEET,THENCE NORTH Wd5S38"EAST 10E90 FEETTOTHETRUE
FONT OF BEGINNING. t C I--?T TAQ Sou rm excy S:as Fkay Vw 4•ap
AREA TO BE VACATED, !94f4SF
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VT N OF KENT
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tlYPY 516
SE 274 PL j
SE 27 SST
;SE-
SE 276 Pt SE 276 PL
mw
J S(TE
SE 278 ST
279 Si
AREA TO
h BE VACATED r~
r �
F Ef� 7��`•t "
SE 282 STYOr`fF --
SE 282 ST !
Street Vacation Location Map
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rhemlock * ti:1 ti x. 43 D - 427,7 c . 6.4
v s V
29.6
29. 8' gas meter s'La'� 425
77.5'
a2 30 0 43&5 Existing Housc d
#27626 8 286 0
I o28.7 a
74.8' n
P
45.7 open deck
r 3 429.3 J 428.1
o • 429 7
4297
ap • 429.3
.4 0 4287 75T $4� No
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6' rood ferc
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428 6 2 a *tip- ;e r 428
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4
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i COMMUNITY DEVELOPMENT
Fred N Satterstrom,AICR Director
PLANNING SERVICES
K EN T Charlene Anderson,AICP,MaanagCe�r
Mf fM a OM Phone 25M56.5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: June 10,2003
TO: 'MAYOR JIM WHITE, COUNCIL PRESIDENT IUDY IKOODS AND CITY
COUNCIL MEMBERS
FROM: CHARLENE ANDERSON.A)CP, PLANNING MANAGER
THROUGH: MAYOR JIM WHITE
SUBJECT: REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE
A PORTION OF SE 2781e Street
#STV-20034 (KIVA#2031077)
SUMMARY: Ms Cherie Lang, 24431 SE 17SM Street. Maple Valley. WA 98038 requests a
acation of a portion of SE 278"' Street in order to facilitate development of the adjacent site
Staff recommends approval of the street vacation with conditions outlined below
BUDGET IMPACT: As a condition of approval,staff proposes the Citl is compensated in U S
currency equal to the full appraised value of the right of wa) being vacated
MOTION: I move to approve/deny/modify the staff's recommendation of approval with
conditions of the application to vacate a portion of SE 278th Street as ieferenced in Resolution
No 1638, and to direct the City Attorney to prepare the necessary ordinance upon compliance
with the conditions of approval
BACKGROUND: Southeast 278th Street is fully improved with curb & gutter, sidewalks,
street lighting,pa%ement and so forth That part of the right of%a) petitioned to be vacated is
extraneous right of way outside of the normal 60-foot right of way width on which the road is
centered It was dedicated to the city as part of the plat that Ices on the north side of SE 278th
Street That plat was an odd shaped parcel consisting of two developable nodes tied together by
a thin sliver Once SE 278th Street right of way was taken out of that sliver,the balance thereof
was essentially not usable, so it was dedicated to the city as pan of the SE 278tb Street right of
may
Staff Recommendation r
Staff notified the following departments and agencies of this proposed street vacation
■ Public Works Department
a Police
#STV-2003A(KIVA#2031077)
Staff Report
Page 2
■ Parks,Recreation and Community Services
• Fire and Life Safety
■ Puget Sound Energy
• Qwest
• Department of Transportation
• METRO Transit Division
• Water District I I I
After a review of the comments recen ed, the Planning Services Office recommends that the
request to vacate a portion of SE 278iN Street,as described in Resolution#1638 and as shoo n on
the accompanying map be APPROVED w tth the follow ing conditions
1) The City shall be compensated in US currency for the full appraised value of the
right of way proposed 10 be vacated
2) All momes received for compensation shall be deposited in the school pedestrian
walkway fund(R20036)and used for said fund's purpose
3) For any private or quasi-primate utility such as power, gas, telephone or cable TV
which has existing facilities wtthin (under, upon andlor over) the nght of way
petitioned to be vacated, the petitioner shall grant said utility an easement for the
operation and maintenance of same
4) Should Water District #111 and'oi Soos Creek Water and Sewer Distinct have
existing facilities within (under, upon and-or oter) the right of way petitioned to
be vacated,the petitioner shall giant said District(s) an easement for the operation
and maintenance of same
5) The legal description of the right of it ay to be vacated shal) be as denoled in the
petition leas that portion of said SE 278" Street right of way which lies southerly
of a Ime that is parallel to and 30 feet northerly and perpendicular to the
pavement centerline of said street as measured between the face of curb and face
of crab and as established at the petitioner's sole expense by a Washington State
licensed Land Surveyor after review and approval by the City's Public Works
Department
CA1p n S tPemnlPlan\vscauontn2003t2031077_-70034CC06l YO3 DOC
Enclosure—Map,Remiulmn No 1633
cc Chene Lng,24431 SE 179t'Street,Maple m'AIIry,w A 98039
Jerry McCwghan,Property Mamger
HWt-W2M 17 V? P.62
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KENT
....,.....x Zo�/o�? ;
y.rah.wrm MASS .
MAILM A)TLICANrc
t311101rKm NAMYe C�1tJtG C2''1 • .}
2 LOA ow ADDRESS, .2401 SE l?�itl'Sl i
AAror�t *nSM3 It l tt Vn dr. K03P
MOM X&391 aoa I
STREET AND/OR ALLEY VACATION APPLICATION AND PETITION t?
Dear Mayer and Kent City CrxwA
Wt,lbs uadaatped ahotttog pmpat owaan,W4y tupoctfally!•quest duo emus
4ovtJTIOJ 4.It.• 2 eby be vacucd .
i
Legal Domi ipdon of SftWAdey South:to be Vam"
(Idust Contain Toll Stliws Fes!of Area Souiht To Be Vacated)
,('EfEic To exAcoea rrh�ifrf�
DR=STATEMENT WHY VACATION IS BEING SOUGHT _
A'M$UZEr owmerhtp and eocumbrance report rises!be �
anhmittd with this apphcaboa that coves an the abutbry
pmperUas coatipm In aft or swat sought to be vowel When
Gammon,wimrsbrpa.OL=bums sipe8 for.and dun '
pmofefindividual's aufhonty to sip for samc sball also be
nrbmttd.
Aamb a eolorc�map of a scale of not lm Om I"-2W of the area sought for vautoea • i
040M Mf itn"coerespond vntb le&dempdon. JL
ASUrIING PROPERTY OWNERS TAX LOT t "
SIGNATURES AND ADDRESSES LOT,BLOCK tFLAT=TOWNAG. r
I AMTC,L474 *770f-- 917I
RECEIVED
APR 1 7 2E1I ..
REM
VTPT1 MRrNGLYCIR
.
S150 M Fee yard t I`1 7mm rer'a Rowel No
Apprasal Fee Paw I'rauiees Ro*pl No l
Lmd Value Paid Ttasarer'i Re oW No.
Deed Atxepted Date •.;
Tr+N Aaogsed Duo
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LAKE MfRIOUW
HWY 516
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SE 274 PL
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SE 27 SST r'
ii Ln
;SE279
SE 276 PL SE 276 PL
�, PROJECTaSSTESE 278 ST
ST
AREA TO
W BE VACATED + -
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RECEIVED
SE 282 ST
APR t 7 Yell
SE 282 St =Fc R an MMAMW-W
Mark Travers '
i Architect,a
■
Street Vacation Location Ma T* Mmum
scale rasoa-c fu 1ob32&M
2315E�tWu5led
10;9herrjock
* '
ti 43 0 427 7 0 1114
v
296
4084 ,Lclq 425
42g3 gos meter ' 77 S.
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° 4305 Existing House 6 0 04*
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429.3 42910 . 4297
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6' wood fens
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4286 , 22 ti �PDq _o 4285
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16 .90, _ AZ0
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1 top cone. curbing APR 1 7 203
flowiine down 0.5' (TYP) CM
SE2 78 T STPRMATY MMAUuE,l f
art-1�,t� �- KLk11�
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Mark Travers PROPOSED STREET VACATION
Anhltect Lang Tentative Short Subdnnsm—TSP-2002-22
LEGAL DESCRIPTION
THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 114 OF THE NORTHEAST
114OF SECTION 34,TOWNSHIP 22 NORTH,RANGE 5 EAST,W M,IN KING COUNTY,
WASHINGTON,DESCRIBED AS FOLLOWS
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 30 FEET OF
SAID NORTH HALF WITH THE EAST LINE OF SAID NORTH HALF,THENCE NORTH
89d21=WEST ALONG SAID NORTH LINE 440 FEET TO THE TRUE POINT OF
BEGINNING,THENCE NORTH 89QI03V WEST 159 90 FEET,THENCE SOUTH M73F
WEST 39 W FEET,THENCE SOUTH 89d3930^EAST 12 27 FEET TO A POINTOF
CURVATURE,THENCE ON A CURVE TO THE LEFT IN A NORTHEASTERLY DRECTION
HAVING A RADIUS OF 414 43 FEET,AN ARC OF 139 20 FEET,THENCE NORTH
�i 79d34W EAST 2168 FEET,THENCE NORTH DOd55'38"EAST 10 90 FEET TOTHE TRUE
POINT OF BEGINNING
� ABEA TO B,�VACATED 5010 SF
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'PR 1 71DD3
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216l7113291 f n..�r.in'f M0.
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RESOLUTION NO. 6 j g
A RESOLUTION of the city of Kent,
Washington, rtgarding the vacation of a portion of
Southeast 270 Street in the city of Kent,and setting the
public hearing on the proposed street vacation for June
' l 7,2003
' WHEREAS,a petition,attached as Exhibit"A,"has been filed byChene
Lang to vacate a portion of Southeast 278'h Street to the city of Kent, and
' WHEREAS, the petition is signed by the owners of at least 1%oathirds of
the real property abutting those portions of Southeast 278"'Street to be iacated,and
WHEREAS, the petition is in all respects proper, NOW,THEREFORE,
1
THE CITY COUNCIL OFTHE CITY OF KENT,WASHINGTONDOES
' HEREBY RESOLVE AS FOLLOWS
' SECTION 1. A public hearing on the street vacation petition requesting
the vacation of aportion of Southeast 278'h Street,legally described in Exhibit"A;'shall
be held at a regular meeting of the Kent City Council at 7 00 p in, Tuesday,June 17,
2003.in the Council Chambers of City Hall located at 220 41h Avenue South,Kent,
Washington.98032
' SECTION Z The city clerk shall give proper notice of the hearing and
cause the notice to be posted as provided by state law,Ch 35 79 RCW
' 1 Street I'acaiion—
Southeast 270 Street
SECTION J. The planning manager shall obtain any other necessary
information from appropnate departments and shall transmit the information to the
council so that the council may consider the matter at its regularly scheduled meeting on
June17,2003
( TdSED at a regular meeting of the city council of the city of Kent,Washington
this (o day of May,2003
CONCURRED in by the mayor of the city 0 ent,this of blay.2003 '
ATTEST v//
J)]y�4'IiITE. MAYOR
'
BRENDA JACOBER,CITY CLERK
1
APPROVED AS TO FORM
_TOM'BkbBAKER,<IT'rATT0R.NFY '
I hereby certify that this is a true and correct copy of Resolution No
1639 ,passed by the city council of the city of Kent,Washington,on the 6 i
day of May,2003 '
(SEAL)
BRENDA JACORER, CITY CLERK
2 Street Yacatioe—
South ecst2786Sired '
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CONSENT CALENDAR
6. City Council Action:
Councilmember � - moves, Councilmember ( L
seconds to approve Consent Calendar Items A through H.
Discussion —
Action rn
6A. Aunroval of Minutes.
Approval of the minutes of the regular Council meeting of October 5, 2004.
6B. Annroval 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 5, 2004.
Approval of checks issued for vouchers:
1 Date Check Numbers Amount
9/30/04 Wire Transfers 1832-1845 $1,201,279.84
9/30/04 Prepays & 568352 1,822,083.40
9/30/04 Regular 568835 1,827,155.45
# $4,8509518.69
■ Approval of checks issued for payroll for September 16 through September 30 and paid
on October 5, 2004:
Date Check Numbers Amount
10/5/04 Advices 169954-170609 $1,180,897.68
10/5/04 Checks 279726-279976 229,502.32
$1,410,400.00
Council Agenda
LItem No. 6 A-B
•
' KEN T Kent City Council Meeting
W A S N I N O T O N October 5,2004
The regular meeting of the Kent City Council was called to order at 7:05 p.m. by Mayor White.
Councilmembers present: Clark, Harmon, Peterson, Ranniger,Raplee, Thomas and White.
(CFN-198)
CHANGES TO AGENDA
A From Council,Administration, or Staff. (CFN-198) The Mayor added Public
Communication Item C, Consent Calendar Item N, and Other Business Item E
PUBLIC COMMUNICATIONS
A. Employee of the Month. (CFN-147) Mayor White announced that the October Employee of
the Month is Economic Development Manager Nathan Torgelson.
B. 2005 Budget Message. (CFN-186) Mayor White gave his 2005 Budget Message,the theme
of which is"rebuilding."
C Economic Development Update. (CFN-198) Torgelson outlined the most recent figures and
proposals for economic development.
PUBLIC HEARINGS
' A. Formation of LID 358,Pacific Highway South High Occupancy Vehicle Lanes.
(CFN-1292) LID 358 is intended to fund a portion of the costs to construct planned improvements
to Pacific Highway South(SR99) The estimated total cost to construct these improvements is
$10,431,116, and the estimated total amount to be funded from this LID is $572,598. The Public
Works Director described the scope, location and cost of the project. Mayor White opened the
public hearing. There were no comments from the audience and PETERSON moved to close the
public hearing. Clark seconded and the motion carried. WHITE MOVED to approve formation
of LID 358 for street frontage improvements for the Pacific Highway South HOV Lanes project
and to direct the City Attorney to draft the necessary ordinance. Peterson seconded and the
' motion carried.
CONSENT CALENDAR
PETERSON MOVED to approve Consent Calendar Items A through N Clark seconded and the
motion carried.
' A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of
September 21, 2004 were approved.
B. Approval of Bills. (CFN-104) Payment of the bills received through September 15 and paid
on September 15 after auditing by the Operations Committee on September 21, 2004 were
approved.
1
Kent City Council Minutes October 5, 2004
Approval of checks issued for vouchers:
Date Check Numbers Amount '
9/15/04 Wire Transfers 1816-1831 $1,400,540.70
9/15/04 PrePays & 567775 995,331.67
9/15/04 Regular 568351 1,250,409.35
$3,646,281.72
Approval of checks issued for payroll for September 1 through September 15 and paid on
September 20, 2004:
Date Check Numbers Amount
9/20/04 Advices 169295-169953 $1,201,268.58
9/20/04 Checks 279469-279723 212,183.78
9/20/04 Interim Checks 279724-279725 750.05 ,
9/20/04 Void Check#'s 279194 &279369 (750.00
$1,413,452.36
C. Cultural Development Authority of King County Grant for 2004 Programs. (CFN-839)
The $10,100.00 grant from the Cultural Development Authority of King County Sustained
Support was accepted and expenditure of funds in the Kent Arts Commission budget to support
miscellaneous 2004 programs was authorized.
D. Surplus Residential Structures. (CFN-118) All structures at 25520 Hawley Road, 25000
Hawley Road, and 26621 132nd Ave. SE were declared surplus and authorized for demolition.
E. Federal Department of Justice Office Grant for Safe Havens. (CFN-118) The
$200,000.00 grant from the Federal Department of Justice was accepted and the Mayor was
authorized to execute appropriate agreements for the expenditure of such funds.
F. 2003 Community Development Block Grant Action Plan Amendment. (CFN493) The
amended Community Development 2003 Action Plan was approved and the Mayor was ,
authorized to execute the appropriate agreements.
G. East Hill Park Agreement. (CFN-1220) The Consultant Services Agreement with Entre
Prises, USA in the amount of$129,837.00 for design and fabrication of two climbing features at
East Hill Skate Park was approved and the Mayor was authorized to sign same.
H. Prostitution Loitering. (CFN-122) Ordinance No. 3715 amending section 9.02.300 of the
Kent City Code entitled"Prostitution loitering"was adopted.
I. Violation of Seattle-King County Department of Public Health Order Ordinance.
(CFN-122) Ordinance No. 3716 amending the Kent City Code to add a new section 9.02.335
making it a crime to violate an order issued by the Seattle-King County Department of Public ,
Health under the authority of Ch. 64.44 RCW was adopted.
2
' Kent City Council Minutes October 5, 2004
J. Transportation Demand Model Consultant Services Agreement. (CFN-1038) The Mayor
was authorized to sign the Consultant Services Agreement between the City of Kent and PTV
America, Inc. to convert the City of Kent 2003 Transportation Model to version 9.1 of the VISUM
software.
K. Sale of Properties at Ramstead Pointe Short Plat. (CFN-1180) The Mayor was authorized
to sign all documents required for the sale of property known as "Ramstead Pointe Short Plat."
L. Puget Sound Enerpv Construction Agreement. (CFN-1134) The Mayor was authorized to
sign the Puget Sound Energy Construction Agreement for the underground conversion of Puget
Sound Energy's overhead facilities in association with Kent Station and Sound Transit street
improvements,upon concurrence of the language by the City Attorney and the Public Works
Director.
M. Surplus 1987 Chevrolet Suburban. (CFN-136) Surplus of a 1987 Chevrolet Suburban,
IGNGV26JOHF170905,was authorized
ADDED
N. Diversity Advisory Board. (CFN-1127) The Mayor's re-appointment of Mr. Jeffrey Pang to
the Diversity Advisory Board was confirmed.
OTHER BUSINESS
A Howards Addition Rezone. (CFN-121) Howard Wilson has applied to rezone 4 43 acres of
property from SR-2, Single-Family Residential to SR-3, Single-Family Residential. The Kent
Hearing Examiner recommended approval on July 21, 2004. The Planning &Economic
Development Committee forwards it to Council without a recommendation.
After comments on the process from the City Attorney,Ranniger and Harmon disclosed
communications with residents. Bill Williamson, representing the applicant, stated that they have
Ino opposition to the contacts noted by Councilmembers.
Community Development Director Satterstrom explained the project. CLARK MOVED to accept
the Findings, Conclusions and Recommendation of the Hearing Examiner and to direct the City
Attorney to prepare the necessary ordinance. Peterson seconded. After a brief discussion
t regarding density, the motion failed with Clark, Peterson, and White in favor and Hannon,
Ranniger, Raplee and Thomas opposed. CLARK THEN MOVED to reject the Findings,
Conclusions and Recommendations of the Hearing Examiner and to keep the zoning as is.
Harmon seconded and the motion carried.
1 B. Anderson Rezone. (CFN-121) Debra Purcell-Cmk of TLT Development has applied to
rezone 1.96 acres of property from SR-4.5, Single-Family Residential to SR-6, Single-Family
Residential. The Hearing Examiner recommends approval of this rezone. Matt Gilbert of the
Planning Department explained the project and answered questions from Councilmembers.
' HARMON MOVED to accept the Findings, Conclusions and Recommendation of the Hearing
Examiner on the Anderson Rezone and to direct the City Attorney to prepare the necessary
ordinance. White seconded and the motion carved.
3
Kent City Council Minutes October 5,2004 ,
C. Meeker Street Law Building LLC Real Estate Trade Agreement, (CFN-1038) The Public
Works Director explained the project and recommended authorizing the Mayor to sign the Real
Estate Trade Agreement between Meeker Street Law Building LLC and the City of Kent upon ,
concurrence by the Public Works Director and the City Attorney. WHITE SO MOVED. Peterson
seconded and the motion carried.
D. Kent Chamber of Commerce Contract. (CFN-1170) Economic Development Director ,
Torgelson noted that the Lodging Tax Advisory Board has recommended that the City enter into a
one-year, $18,000 contract for tourism services with the Kent Chamber of Commerce. He
explained how the funds would be used and said this is consistent with the City's tourism strategy
to increase occupancy in Kent hotels and motels. CLARK MOVED to approve a one-year,
$18,000 contract for tourism services with the Kent Chamber of Commerce. Peterson seconded.
White expressed concern that this duplicated the contract with Seattle Southside Visitors Services.
After a brief discussion, the motion carried with White opposed. '
ADDED
E. King Conservation District No. 9. (CFN-1038) The Mayor explained that the City will
receive a King Conservation District No. 9 grant in the amount of$88,500 for the years 2001-
2002, and that the funds will be used to finish design work and assistance in obtaining federal and
local permits for the Meridian Valley Creek Realignment Project.
WHITE MOVED to authorize the Mayor to sign the King Conservation District No. 9 grant and
direct staff to accept the grant and establish a budget for the funds to be spent within the project.
Peterson seconded and the motion carried.
BIDS
A. Kent Centennial Parking Garage Seismic Retrofit and Strengthening. (CFN-1263) The
apparent low bid was submitted by Summit Central Construction in the amount of$322,900.00,
excluding Washington State Sales Tax. RANNIGER MOVED to authorize the Mayor to enter
into an agreement with Summit Central Construction for this project. Clark seconded and the ,
motion carried.
REPORTS
Administrative Reports. (CFN-198) Martin noted that no Executive Session is required, and
that the annual audit has been completed.
ADJOURNMENT
PETERSON MOVED to adjourn at 8:12 p.m. White seconded and the motion carried. '
20
Brenda Jacober, C
City Clerk
4 '
jKent City Council Meeting
Date October 19, 2004
Category Consent Calendar
1. SUBJECT: LID 358, PACIFIC HIGHWAY SOUTH HIGH OCCUPANCY
VEHICLE LANES, FORMATION ORDINANCE—ADOPT
W k. C)A
2. SUMMARY STATEMENT: -Adept Ordinance No. 311-7 tea*r. itle=sther
--
4 establishes Local
Improvement District{s�358 ' ,
R4=ifles far pa=ent of the improvements inpart by special ass
.J ao &AC O p f-ol,
Resolution No. 1683, adopt on gust 17, 2004, declared the City Council's
intention to order the construct of various improvement related to the addition of
HOV lanes on Pacific Highw So from Kent-Des Moines Road to South 252na
Street. At its October 5, 4, meetin Council held a public hearing regarding the
proposed improvemen . At the conclusi of the hearing, Council determined to
construct the impro ents and directed the ity Attorney to prepare an ordinance
establishing the
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Council
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6C
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
I Kent, Washington, ordering the construction of curbs,
gutters, sidewalks, driveways, storm drains, retaining walls,
street illumination, landscaping, slope protection,
underground power and necessary appurtenances relating to
the overall project of the addition of high occupancy vehicle
lanes on Pacific Highway South from Kent-Des Moines
Road to South 252d Street, all in accordance with Resolution
No. 1683 of the City Council; establishing Local
Improvement District No. 358 and ordering the carrying out
of the proposed improvement;providing that payment for the
improvement be made in part by special assessments upon
the property in the District,payable by the mode of"payment
by bonds"; and providing for the issuance and sale of local
improvement district warrants redeemable in cash or other
short-term financing and local improvement district bonds
RECITALS
I I
A. Pursuant to Resolution No 1683 adopted August 17, 2004, the City
Council declared its intention to order the construction of curbs, gutters, sidewalks,
driveways, storm drains, retaining walls, street illumination, landscaping, slope
protection,underground power and necessary appurtenances relating to the overall project
' of the addition of high occupancy vehicle lanes on Pacific Highway South from Kent-Des
Moines Road to South 252"d Street, and fixed October 5, 2004, at 7.00 p.m , local time,
' in the council chambers of City Hall as the time and place for hearing all matters
relating to the proposed improvement and all comments thereon and objections thereto
Iand for determining the method of payment for the improvement
B. The City's Public Works Director caused an estimate to be made of the
cost and expense of the proposed improvement and certified that estimate to the City
ILID 358 Formation Ordinance
50474291 02
Council, together with all papers and information in his possession touching the ,
proposed improvement, a description of the boundaries of the proposed local
improvement district and a statement of what portion of the cost and expense of the
improvement should be borne by the property within the proposed district.
C. That estimate is accompanied by a diagram of the proposed
improvement showing thereon the lots, tracts, parcels of land, and other property which I
will be specially benefited by the proposed improvement and the estimated cost and
expense thereof to be borne by each lot, tract, and parcel of land or other property. ,
D. Due notice of the above hearing was given in the manner provided by
law, and the hearing was held by the City Council on the date and at the time above
mentioned, and all persons appearing at such hearing and wishing to be heard were
heard.
E. The City Council has determined it to be in the best interests of the City t
that the improvement as hereinafter described be carried out and that a local
improvement district be created in connection therewith. t
NOW, THEREFORE, THE CITY CODICIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS.
SECTION]. The City Council of the City of Kent, Washington, orders the
improvement of the properties within the area described in Exhibit A, attached and
incorporated by this reference, by the construction of curbs, gutters, sidewalks,
driveways, storm drains, retaining walls, street illumination, landscaping, slope
protection, underground power and necessary appurtenances relating to the overall project I
of the addition of high occupancy vehicle lanes on Pacific Highway South from Kent-Des
Moines Road to South 252a Street. '
All of the foregoing shall be in accordance with the plans and specifications
therefor prepared by the City's Public Works Director, and may be modified by the
City Council as long as such modification does not affect the purpose of the
improvement.
-2- LID 358 Formation Ordinance
50474291 02
SECTION2. There is created and established a local improvement district to
be called Local Improvement District No. 358 of the City of Kent, Washington (the
"District"), the boundaries or territorial extent of the District being more particularly
described in Exhibit B, attached and incorporated by this reference.
SECTION 3. The total estimated cost and expense of the improvement is
declared to be $10,431,116. Approximately $2,081,905 of which cost and expense
shall be paid by the City, approximately $7,776,613 of that cost and expense shall be
paid by federal and state grants and the balance thereof(an estimated $572,598) of the
cost and expense shall be borne by and assessed against the property specially
benefited by such improvement included in the District, which embraces as nearly as
practicable all property specially benefited by such improvement and the balance of
such cost and expense shall be paid by the City.
SECTION4. In accordance with the provisions of RCW 35.44.047, the City
may use any method or combination of methods to compute assessments that may be
deemed to more fairly reflect the special benefits to the properties being assessed than
the statutory method of assessing the properties
SECTION 5 No property, any portion of which is outside the District, may
connect to those improvements constructed or made a part of such District unless either
" that property shall have been subject to the special assessments on the assessment roll
for that District or the owners of that property shall have paid prior to such connection
a charge in lieu of assessment, which shall be at least the equivalent of those
assessments that would have been applied to that property had it been included within
that District.
SECTION 6. Local improvement district warrants may be issued in payment
of the cost and expense of the improvement herein ordered to be assessed, such
warrants to be paid out of the Local Improvement Fund, District No. 358, hereinafter
created and referred to as the Local Improvement Fund, and, until the bonds referred to
in this section are issued and delivered to the purchaser thereof, to bear interest from
the date thereof at a rate to be established hereafter by the City's Finance Director, as
issuing officer, and to be redeemed in cash and/or by local improvement district bonds
-3- LID 358 Formation Ordinance
50474291 02
herein authorized to be issued, such interest-bearing warrants to be hereafter referred to
as "revenue warrants." In the alternative, the City hereafter may provide by ordinance
for the issuance of other short-term obligations pursuant to chapter 39.50 RCW.
If the City shall authorize expenditures to be made for such improvement(other
than for any cost or expense expected to be borne by the City)prior to the date that any
short-term obligations or local improvement district bonds are issued to finance the
improvement, from proceeds of interfund loans or other funds that are not, and are not
reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set !
aside to pay the cost of the improvement herein ordered to be assessed against the
property specially benefited thereby, the City declares its official intent that those !
expenditures, to the extent not reimbursed with prepaid special benefit assessments, are
to be reimbursed from proceeds of short-term obligations or local improvement district
bonds that are expected to be issued for the improvement in a principal amount not
exceeding $572,598.
The City is authorized to issue local improvement district bonds for the District
ithat shall bear interest at a rate and be payable on or before a date to be hereafter fixed
by ordinance. The bonds shall be issued in exchange for and/or in redemption of any !
and all revenue warrants issued hereunder or other short-term obligations hereafter
authorized and not redeemed in cash within twenty (20) days after the expiration of the
thirty-day period for the cash payment without interest of assessments on the
assessment roll for the District The bonds shall be paid and redeemed by the
collection of special assessments to be levied and assessed against the property within
the District, payable in annual installments, with interest at a rate to be hereafter fixed
by ordinance under the mode of "payment by bonds," as defined by law and the
ordinances of the City. The exact form, amount, date, interest rate, and denominations
of such bonds hereafter shall be fixed by ordinance of the City Council. Such bonds
shall be sold in such manner as the City Council hereafter shall determine.
SECTION 7. For the purpose of paying all or a part of the costs of carrying out
the improvements within the District pending the receipt of the proceeds of the
issuance and sale of the bonds or short-term obligations referred to in Section 5,
interfund loans from the General Fund and/or Street Fund to the Local Improvement
-4- LID 358 Formation Ordinance '
5047429102
Fund in the maximum aggregate amount of $572,598 are authorized and approved,
those loans to be repaid on or before the issuance of such bonds or libations from the
proceeds thereof. Each of the interf ind loans shall bear interest at a variable rate,
adjusted the 15'h and last day of each month, equal to the interest rate of the State of
Washington Local Government Investment Pool on the 151h and last day of each
month. The initial interest rate on the date of each interfund loan shall be determined
as of the last preceding interest payment adjustment date.
SECTION 8. In all cases where the work necessary to be done in connection
with the making of such improvement is carried out pursuant to contract upon
competitive bids (and the City shall have and reserves the right to reject any and all
ibids), the call for bids shall include a statement that payment for such work will be
Imade in cash warrants drawn upon the Local Improvement Fund
SECTION 9. The Local Improvement Fund for the District is created and
established in the office of the Finance Director of the City. The proceeds from the
sale of revenue warrants or other short-term obligations drawn against the fund which
may be issued and sold by the City and the collections of special assessments, interest
and penalties thereon shall be deposited in the Local Improvement Fund Cash
warrants to the contractor or contractors in payment for the work to be done by them in
j connection with the improvement and cash warrants in payment for all other items of
Iexpense in connection with the improvement shall be issued against the Local
Improvement Fund.
SECTION 10. Within fifteen (15) days of the passage of this ordinance there
I shall be filed with the Finance Director of the City the title of the improvement and
District number, a copy of the diagram or print showing the boundaries of the District
and the preliminary assessment roll or abstract of such roll showing thereon the lots,
tracts and parcels of land that will be specially benefited thereby and the estimated cost
and expense of such improvement to be bome by each lot, tract or parcel of land. The
Finance Director of the City immediately shall post the proposed assessment roll upon
her index of local improvement assessments against the properties affected by the local
timprovement.
-5- LID 358 Formation Ordinance
50474291 02
1
SECTION H. This ordinance shall take effect and be in force five (5) days
from and after its passage, approval, and publication as required by law.
By 'JIM WHITE,MAYOR
ATTEST:
1
BRENDA JACOBER,CITY CLERK
APPROVED AS TO FORM:
FOSTER PEPPER&SHEFELMAN PLLC
Special Counsel and Bond Counsel
Passed the day of October, 2004.
Approved the day of October,2004. 1
Published the day of October, 2004.
1
1
1
1
t
-6- LID 358 Formation Ordinance
SG474291 02
i
iEXFEBTf•,A"
LID 358
PACIFIC HIGHWAY SOUTH HOV LANES
KENT-DES MOINES ROAD TO S.252ND STREET
BOUNDARY LBGAL DESCRIPTION
LOT C, CITY OF KENf LOT LINE ADJUSTMENT NUMBER LL-96-6, RECORDED
UNDER RECORDING NUMBER 9602060774;BEING A PORTION OF LOTS 9, 10 AND 11,
BLOCK 5, FEDERAL HIGHWAY ADDITION, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 30 OF PLATS,PAGE 1,IN KING COUNTY,WASHINGTON,
AND ALSO,THE WEST 100 FEET OF LOTS 11 AND 17,BLOCK 5,FEDERAL HIGHWAY
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLIJMiB 30 OF
PLATS, PAGE 1, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTHERLY 12
FEET OF SAID LOT 11;
AND ALSO, LOTS 16 AND 17, BLOCK 6, FEDERAL HIGHWAY ADDITION,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 30 OF PLATS,PAGE 1,
IN KING COUNTY,WASHINGTON;EXCEPT THE SOUTH 10 FEET OF LOT 17;
' AND ALSO,LOT 25,BLOCK 6,FEDERAL HIGHWAY ADDITION,ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 30 OF PLATS,PAGE 1, IN KING COUNTY,
WASHINGTON;
AND ALSO,LOTS 26, 27 AND THE NORTH 20 FEET OF LOT 28, BLOCK 6,FEDERAL
HIGHWAY ADDITION. ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 30 OF PLATS,PAGE 1,IN KING COUNTY,WASHINGTON;
AND ALSO,LOT 28, LESS THE NORTH 20 FEET AS MEASURED ALONG THE WEST
LINE THEREOF, BLOCK 6, FEDERAL HIGHWAY ADDITION, ACCORDING TO THE
1
PLAT THEREOF RECORDED IN VOLUME 30 OF PLATS, PAGE 1, IN KING COUNTY,
WASHINGTON;
AND ALSO, LOTS 23 AND 24, BLOCK 5, FEDERAL HIGHWAY ADDITION,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 30 OF PLATS,PAGE 1,
IN KING COUNTY, WASH NGTON, EXCEPT THAT PORTION THEREOF DESCRIBED
AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 23;
THENCE SOUTH 8°58'14"WEST ALONG THE WESTERLY LINE OF SAID LOT 23,91.50
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 8058'14"
WEST ALONG THE WESTERLY LINE OF SAID LOTS 23 AND 24, 1WAS FEET TO THE
SOUTHWEST CORNER OF SAID LOT 24; THENCE NORTH 89*34126" EAST ALONG
THE SOUTHERLY LINE OF SAID LOT 24, 81.37 FEET; THENCE NORTH 5051'44"EAST
97.33 FEET; THENCE NORTH 81*01.46" WEST 75.00 FEET TO THE TRUE POINT OF
BEGINNING;AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF KENT BY
DEEDS RECORDED UNDER RECORDING NUMBERS 8805020075, 8805020076,
9805020077 AND 8805020078,BEING RE-RECORDINGS OF DEEDS RECORDED UNDER
RECORDING NUMBERS 8803280108,9803280109,8803280110 AND 8803280111,
AND ALSO,THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH,
RANGE 4 EAST,W.M.,IN KING COUNTY, WASHINGTON,LYING EAST OF THE EAST
MARGIN OF PACIFIC HIGHWAY SOUTH(STATE ROAD NO. 1);EXCEPT THE NORTH
30 FEET FOR SOUTH 240M STREET AND THE WEST HALF OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 21, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, EXCEPT THE NORTH 30 FEET FOR SOUTH 240 STREET;EXCEPT
THAT PORTION THEREOF DEEDED TO THE STATE OF WASHINGTON BY DEED '
RECORDED UNDER RECORDING NUMBER 9602081412;
AND ALSO, THAT P ORTION O F T HE N ORTH H ALF OF THE S OUTH H ALF 0 FT HE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP
1
22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING
EASTERLY OF STATE HIGHWAY NO. 1;
AND ALSO, THE NORTH 297 FEET (AS MEASURED ALONG THE WEST LINE) OF
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 21, TOWNSHIP 22 NORM RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, LYING WESTERLY OF STATE ROAD NO. 1, AS ESTABLISHED BY
DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 1990167; EXCEPT
THE NORTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED
RECORDED UNDER KING COUNTY RECORDING NUMBER 92123I; AND EXCEPT
' THAT PORTION THEREOF CONVEYED TO CITY OF KENT BY DEED RECORDED
UNDER KING COUNTY RECORDING NUMBER 8901200186; AND EXCEPT THAT
PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON BY DEED
RECORDED UNDER KING COUNTY RECORDING NUMBER 9604171287;
AND ALSO, LOTS 8 THROUGH 13, INCLUSIVE, BLOCK6, INTERURBAN HEIGHTS-
SIXTH SECTION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 17
OF PLATS, PAGE 88, IN KING COUNTY, WASHINGTON, EXCEPT ANY PORTION
THEREOF LYING EAST OF THE EAST LINE OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH, RANGE 4 EAST,
W.M.,IN KING COUNTY, WASHINGTON;TOGETHER WITH THE NORTH 190 FEET OF
THE FOLLOWING DESCRIBED TRACT OF LAND: THE WEST HALF OF THE WEST
HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
21,TOWNSHIP 22 NORTH,RANGE 4 EAST, W.M.,IN KING COUNTY, WASHINGTON,
LYING WESTERLY OF STATE ROAD NO. 1,EXCEPT THE NORTH 297 FEET THEREOF
1 AND EXCEPT THAT PORTION LYING SOUTH OF THE EASTERLY PROLONGATION
OF LOT 13, BLOCK 6, INTERURBAN HEIGHTS - SIXTH SECTION, ACCORDING TO
THE PLAT RECORDED IN VOLUME 17 OF PLATS, PAGE 88, IN KING COUNTY,
WASM NGTON;
i �
AND ALSO,LOTS 5,6,7,36,37 AND 38,BLOCK 20, INTERURBAN HEIGHTS,THIRD
SECTION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 17 OF
PLATS,PAGE 87,IN KING COUNTY,WASHINGTON,
AND ALSO,LOT 1, CITY OF KENT, SHORT PLAT NUMBER SP-92-is (ALSO KNOWN
AS PETERSON SHORT PLAT),RECORDED UNDER RECORDING NUMBER 9303300767,
SAID SHORT PLAT BEING A SUBDIVISION OF A PORTION OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M.,IN KING COUNTY,WASH NGTON;
AND ALSO, LOT 2, CITY OF KENT,SHORT PLAT NUMBER SP-92-15 (ALSO KNOWN
AS PETERSON SHORT PLAT),RECORDED UNDER RECORDING NUMBER 9303300767,
SAID SHORT PLAT BEING A SUBDIVISION OF A PORTION OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH,
RANGE 4 EAST,WlL,IN KING COUNTY,WASHINGTON;
AND ALSO, THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF S ECTION 21,T OWNSHiP 2 2 N ORTH,R ANGE 4 E AST,W M., INKING
COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF
INTERSECTION OF THE SOUTH LINE OF THE NORTH 175 FEET OF THE SOUTH 800
FEET OF SAID SUBDMSION WITH THE EASTERLY MARGIN OF STATE ROAD NO. 1, ,
WHICH POINT IS THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN
DESCRIBED:THENCE EAST ALONG SAID SOUTH LINE, 175 FEET;THENCE NORTH,
AT RIGHT ANGLES THERETO, 87.5 FEET; THENCE WEST TO THE EASTERLY
MARGIN OF SAID STATE ROAD NO, 1; THENCE SOUTHERLY, ALONG SAID ,
EASTERLY MARGIN,TO THE TRUE POINT OF BEGINNING,
AND ALSO,THAT PORTION OF THE NORTH 125 FEET OF THE SOUTH 625 FEET OF ,
THE NORTHWEST QUARTER OF THE SOUnVAST QUARTER OF SECTION 21,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, t
LYING EAST OF THE EASTERLY LINE OF PRIMARY STATE HIGHWAY NO. 1,AS THE
SAME IS DESCRIBED IN AN EASEMENT FROM WEYERHAEUSER TIMBER
COMPANY TO THE STATE OF WASHLNGTON DATED MARCH 3, 1925, RECORDED
UNDER RECORDING NUMBER 1994319;
AND ALSO, LOT 1, CITY OF KENT SHORT PLAT NUMBER SPC-85-1, RECORDED
UNDER R ECORDING NUMBER 8 50306026(,B EING A P ORTION OF T HE S OUTH 2 00
FEET OF THAT PART OF THE NORTH 400 FEET OF THE SOUTHWEST QUARTER OF
1 THE SOUTHEAST QUARTER OF SECTION 21,TOWNSHIP 22 NORTH,RANGE 4 EAST,
W.M.,IN KING COUNTY,WASFIINGTON,DESCRIBED AS FOLLOWS: BEGINNING AT
THE N ORMIAST C ORNER O F S AID S OUTHWEST QUARTER O F THE S OLMMA ST
QUARTER;THENCE SOUTH 1006'15"WEST ALONG THE EAST LINE THEREOF,200.03
FEET TO THE TRUE POINT OF BEGINNING THENCE CONTINUING SOUTH 1°06'15"
WEST 200.03 FEET TO THE SOUTH LINE OF SAID NORTH 400 FEET;THENCE NORTH
8r44'05"WEST ALONG SAID SOUTH LINE 773.35 FEET TO THE EASTERLY MARGIN
IOF PACIFIC HIGHWAY SOUTH (100 FEET WIDE); THENCE NORTH 2V43'05" EAST
ALONG SAID EASTERLY MARGIN, 210.84 FEET TO AN IlVTERSECTION WITH THE
SOUTH LINE OF THE NORTH 200 FEET OF SAID SUBDIVISION; THENCE SOUTH
8704410511 EAST ALONG SAID SOUTH LINE 702.56 FEET TO THE TRUE POINT OF
BEGINN240;
AND ALSO, LOT 1, CTTY OF KENT SHORT PLAT NUMBER SPC-84-1, RECORDED
UNDER RECORDING NUMBER 8404100500;BEING A PORTION OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M., IN KING COUNTY, WASH NGTON; TOGETHER WTTH AN
EASEMENT FOR INGRESS,EGRESS AND UTILITIES AS DELINEATED ON THE FACE
1 OF CITY OF KENT SHORT PLAT NUMBER SPC-84-1,RECORDED UNDER RECORDING
NUMBER 8404100500; AND TOGETHER WITH AN EASEMENT FOR INGRESS AND
EGRESS OVER AND ACROSS THAT CERTAIN EASEMENT GRANTED TO THE DES
MOINES SEWER DISTRICT UNDER RECORDING NUMBER 7306050476, AND
DELINEATED ON CITY OF KENT SHORT PLAT NUMBER SPC-77-18, RECORDED
UNDER RECORDING NUMBER 7706300997,
AND ALSO, LOT 1, CITY OF KENT SHORT PLAT NUMBER SP-90-13, RECORDED i
UNDER RECORDING NUMBERS 9010160102, 9010160103 AND 90I0160I04, BE NG A
PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 21, TOWNSEV 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON,(ALL BEING KNOWN AS A PORTION OF LOT A. CITY OF KENT LOT t
LINE ADJUSTMENT NO. LLr90-8, RECORDED UNDER RECORDING NUMBER
9003010460),
i
i
FXMrr B
LID 358
' PACMC MGHWAY SOUTH HOV LANES
KENI DES Moxw ROAD TO S.252r°STREET
PROJECT'DESCRIPTION
The overall project will reconstruct and widen the roadway to a curb to curb width of 86
feet providing a northbound and soud"und high occupancy vehicle lane adjacent to the
street curb.Improvements also include the construction of concrete curb,gutters and a 7-
foot wide sidewalk.Ancillary improvements include upgrading and interconnecting the
existing tragic signals,undergrounding of the overhead utilities,control of driveway
access points,drainage system improvements and illumination system improvements.
The LID portion of the project will provide fiantage improvements including curb,gutter
sidewalk,driveways across sidewalks,storm drains,retaining walls,street illumination,
landscaping,slope protection,underground power and necessary appurtenances
consistent with good street construction.
1 .
CERTIFICATION
1, the undersigned, City Clerk of the City of Kent, Washington, hereby certify
as follows:
1. The attached copy of Ordinance No. is a full, true and correct copy of
an ordinance duly passed at a regular meeting of the City Council of the City held at
the regular meeting place thereof on October 19,2004, as that ordinance appears on the
minute book of the City; and the ordinance will be in full force and effect five (5) days
after the publication of its summary in the City's official newspaper; and
2. A quorum of the members of the City Council was present throughout the
meeting and a majority of those members present voted in the proper manner for the
passage of the ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
October, 2004.
CITY OF KENT, WASHINGTON
BRENDA JACOBER, City Clerk
I
50474291 02
Kent City Council Meeting
Date October 19, 2004
Category Consent Calendar
1. SUBJECT: ANDERSON REZONE ORDINANCE—!ADAPT
2. SUMMARY STATEMENT: Adepfiex-ef Ordinance No. 3'71 g' relating to land
use and zoning, rezoning approximately 1.96 acres of property located at 23519 98th
Avenue South from Single Family Residential 4.5 units per acres (SR-4.5) to Single
Family Residential 6 units per acre (SR-6), L J Od ax -6V 4eJ .
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6D
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, relating to land use and zoning,
specifically the rezoning of approximately 1.96 acres of
property located at 23519 98'h Avenue South from Single
Family Residential 4.5 units per acre (SR-4 5) to Single
Family Residential 6 units per acre (SR-6) (Anderson
Rezone, #RZ-2003-4).
RECITALS
A. An application to rezone approximately 196 acres of property located at
23519 98`h Avenue South, Kent, Washington from the current zoning of Single Family
li
Residential 4.5 units per acre (SR-4.5) to Single Family Residential 6 units per acre
(SR-6) was filed on December 18, 2003, by Jeffery O. Anderson, TLT Development,
Inc., (Anderson Rezone, #RZ-2003-4).
B. The City's SEPA responsible official issued a Revised Mitigated
Determination of Nonsignificance (RMDNS) (#ENV-2002-52 (R))for the proposed
f rezone on August 2, 2004, and a public hearing on the rezone was held before the
hearing examiner on August 18, 2004.
' C. On September 2, 2004, the hearing examiner issued findings and
conclusions that the Anderson Rezone is consistent with the city's Comprehensive
Plan, that the proposed rezone and subsequent development activity would be
compatible with the development in the vicinity, that the proposed rezone will not
tunduly burden the transportation system in the vicinity of the property with significant
1 Anderson Rezone
adverse impacts that cannot be mitigated, that circumstances have changed since the
establishment of the current zoning district to warrant the proposed rezone, and that the
proposed rezone will not adversely affect the health, safety, and general welfare of the
citizens of the City of Kent.
D. Based on these findings and conclusions, the hearing examiner
recommended approval of the Anderson Rezone.
E. On October 5, 2004, the City Council determined that the hearing
examiner's findings and conclusions are consistent with sections 15.09 050(A)(3)
and15.09.050(C) of the Kent City Code, accepted the findings of the hearing examiner,
and adopted the hearing examiner's recommendation for approval of the Anderson
Rezone from Single Family Residential 4.5 units per acre (SR-4.5) to Single Family
Residential 6 units per acre (SR-6).
I
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS
ORDINANCE
,I
SECTION 1. — Rezone. The property located at 23519 98`h Avenue South,
Kent, Washington consisting of approximately 1.96 acres depicted in Exhibit "A"
(marked"Anderson Property"), attached and incorporated by this reference, and legally
described in Exhibit "B", attached and incorporated by this reference, is rezoned as
follows:
King County tax parcel number 182205-9137 shall be rezoned from
Single Family Residential 4.5 units per acre (SR-4.5) to Single Family
Residential 6 units per acre (SR-6).
The city of Kent zoning map shall be amended to reflect the rezone granted above.
2 Anderson Rezone
SECTION 2. - Severabilzty. If any one or more sections, sub-sections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
1 SECTION 3. - Effective Date. This ordinance shall take effect and be in force
five (5) days from and after its passage as provided by law.
' JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
1 �
I APPROVED AS TO FORM:
{ TOM BRUBAKER, CITY ATTORNEY
{ PASSED: day of October, 2004.
APPROVED: day of October, 2004.
� y PUBLISHED: day of October, 2004.
I
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
1 (SEAL)
I BRENDA JACOBER, CITY CLERK
P\Ci"WRDINANCE\R�-Anderson da
3 Anderson Rezone
a
a
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EX ZONING SR6 40
I
A
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lirmwiool—
ZONING PLAN AMENDMENT ■
ANDERSON PROPERTY, KENT, WA i
RYKELS ENGINEERING GROUP, INC.Cwm [
�j sf��N Al ENy �01 16ii F,WA 9A �Fla�t
EXPIRES 6 a 2005 SCALER I MmT
gj of 1�0 SERNCES
9
EXHIBIT "A" [
EXHIBIT "B"
ANDERSON REZONE
LEGAL DESCRIPTION
The South half of the Southwest Quarter of the Northeast Quarter of the Southeast
Quarter of Section 18,Township 22 North, Range 5 East of the Willamette Meridian,In
King County,Washington.
Except Roads;
Also except the West 115 of the foregoing described premises;
And except the North 165 feet of the remainder thereof.
DEC 13 2003
pt4,Y,V(s
Kent City Council Meeting
Date October 192 2004
Category Consent Calendar
1. SUBJECT: PACIFIC HIGHWAY SOUTH/KENT-DES MOINES ROAD
INTERSECTION INTERLOCAL AGREEMEN, T,,,—�,���ZE
too 60 � o
2. SUMMARY STATEMENT: —74athm:imie Mayor to sign an Interlocal Agreement
with the City of Des Moines for construction of improvements to the Pacific Highway
South/Kent—Des Moines Road Intersection upon concurrence of the language ki- e
agmamcastby the Public Works Director and the City Attorney.
3. EXHIBITS: Public Works Director's memorandum and Interlocal agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6E
PUBLIC WORKS DEPARTMENT
Don E Wickstrorn, P E Public Works Director
404 Phone 253.856-5500
KENT Fax 253.858-6500
W�aI N�is O T O N Address 220 Fourth Avenue S
Kent,WA W=-5895
DATE: September 29,2004
TO: Mayor White and Kent City Council
FROM: Don Wickstrom,Public Works Director
THROUGH-
SUBJECT: Interlocal Agreement with the City of Des Moines for the Pacific Highway
South/Kent-Des Moines Road Intersection
MOTION:
Recommend that the City Council authorize the Mayor to sign an Interlocal Agreement with
the City of Des Moines for construction of improvements to the Pacific Highway South/Kent-
Des Moines Road Intersection subject to the concurrence of the language therein by the
Public Works Director and the City Attorney.
SUMMARY:
This agreement between the City of Kent and the City of Des Moines authorizes the City of Des
Moines to construct certain improvements to the Pacific Highway SouthlKent-Des Moines Road
intersection as shown in the drawings in Attachment A to the Agreement and authorizes
reimbursing the City of Des Moines for the cost of half of the intersection improvements which is
$479,370. The Public Works Department recommends authorizing the execution of this agreement.
BUDGET IMPACT No Unbudgeted FiseaVPersonnei Impact as the monies for same are included
in Kent's Pacific Highway HOV project fund.
1 BACKGROUND:
The existing municipal boundary between the City of Des Moines and the City of Kent follows the
centerline of Kent-Des Moines Road,Both Cities are constructing their portions of the Pacific
Highway South Improvement Project. Constructing the entire intersection at one time will
minimize impact to the public and reduce the overall cost of the improvements.
This agreement between the City of Kent and the City of Des Moines allows the City of Des
Moines to construct the improvements to the intersection and provides authorization to reunburse
the City of Des Moines for half of the cost of the improvements.
Maym Whae and Kent Caq Coaoanl 1 lnlerlocal Agmemmt
1
INTERAGENCY AGREEMENT BETWEEN
THE CITY OF KENT AND THE CITY OF DES MOINES
REGARDING THE CONSTRUCTION OF THE INTERSECTION OF
PACIFIC HIGHWAY SOUTH AND KENT-DES MOINES ROAD
THIS INTER-AGENCY AGREEMENT is entered into between the City of Kent,a
Washington Municipal Corporation,located and doing business at 220 Fourth Avenue South,
Ke4 Washington 98032 (hereinafter called"City of Kent')and the City of Des Moines,a
Washington Municipal Corporation,located and doing business at 2165011a'Avenue South,
Des Moines,Washington 98198(hereinafter called"City of Des Momes'�
RECITALS
WHEREAS,the City of Kent is responsible for construction of a roadway improvement
project,commonly known as Pacific Highway South HOV Lanes Project,which commences
generally from the Municipal City Limits at the center of the Kent-Des Moines Road and runs
generally south terminating at the Municipal City Lumts at South 272°d Street in Kent;and
I
WHEREAS, the City of Des Moines is responsible for construction of a roadway
improvement project, commonly known as Pacific Highway South Redevelopment Project HOV
Lanes,which commences generally from the City of Des Moines Municipal City Limits at South
216`i'Street and runs generally south terminating at the Municipal City Limits at the center of the
Kent-Des Moines Road,and
WHEREAS both the City of Des Moines' and the City of Kent's roadway projects
include modifications to the Pacific Highway South/Kent—Des Moines Road intersection;and ,
Page 1 of a 09128/04
c WHEREAS,the existing municipal boundary between the City of Des Moines and the
City of Kent follows the centerhne of Kent-Des Moines Road- and
WHEREAS both Cities desire to work together for the mutual and overall benefit of these
1 improvement projects.
NOW THEREFORE,in consideration of the terms, conditions,covenants and
Performances contained herem, or attached and incorporated and made part hereof,IT IS
MUTUALLY AGREED BY THE CITY OF KENT AND THE CITY OF DES MOINES AS
FOLLOWS
AGREEMENT
A. PACIFIC HIGHWAY SOUTH HOV LANES PROJECTS
1 The City of Kent will remain responsible for the overall funding,design,right of way
acquisition and completion of its portion of the project except as noted in Part B below.
2 The City of Des Momes will remain responsible for the overall funding,design,right of
way acquisition and completion of its portion of the project except as noted in Part B
below.
B. PACIFIC HIGHWAY SOUTHIKENT-DES MOINES ROAD INTERSECTION
1 The City of Des Moines, as agent acting for and on behalf of the City of Kent agrees to
perform all work associated with the construction,construction management, Contractor
Page 2 of 8 09/28/04
negotiations and all other materials and work required to complete the Pacific Highway
South/Kent Des Moines Road intersection in accordance with the drawings marked
Exlubit A and the budget estimate marked Exhibit B attached hereto,wluch by this
reference are made part of this AGREEMENT
E. NHSCELLANEOUS
1. Termination This agreement shall terminate:(a)on the date that all of the following
events have occurred.(i)the City of Kent has made payment to the City of Des Moines;
(u)the City of Des Moines has completed construction of the said unprovements,and !
(in)the City of Des Moines has released the Contractor's bond,or(b)by mutual
agreement setting a termination date other than that determined under Section E.l(a).
2. PUMent An itemized estimate of cost for work to be performed by the City of Des l
Moines for the City of Kent marked"Exhibit B"is attached hereto The City of Kent,in
consideration of the performance of the work to be performed by the City of Des Moines
agrees to reunburse the City of Des Moines for the actual direct cost of all work that is
the financial responsibility of the City of Kent as defined in Exhibits A and B and shall
take all necessary action to pledge,budget and allocate the same.Payment shall be made
by the City of Kent to the City of Des Moines witlnn 30 days upon receipt of an invoice
meeting the requirements of the City of Kent.
3. Extra Work In the event that unforeseen causes require an increase in the City of Kent's
cost obligation to be more than that estimated on Exhibit B,this AGREEMENT will be
modified by supplemental AGREEMENT covering said increase. In the event it is
Page 3 of 9 09/28l04
i
' determined that any"substantial change"from the description of the work contained in
the agreement is required,written approval must be secured from the City of gent before
the begmnmg of such work
4. Legal Relations The City of Des Moines shall defend and hold the City of Kent,its
officers,officials, employees,agents and volunteers harmless from any and all claims,
injuries,damages,losses or suits,including all legal costs and attorney fees,ansuig out or
in connection with the performance of this AGREEMENT,except for mjunes and
damages caused by the City of Kent's negligence
The City of Kent shall defend and hold the City of Des Moines, its officers,officials,
employees, agents and volunteers harmless from any and all clairns, irijunes, damages,
ilosses or suits, including all legal costs and attorney fees,ansing out or in connection
with the performance of this AGREEMENT,except for injuries and damages caused by
the City of Des Moines' negligence
5 Resolution of Disputes and Governing Law This AGREEMENT shall be govemed and
construed in accordance with the laws of the State of Washington. If the parties are
unable to settle any dispute, difference or claim ansmg from the parties'performance of
this AGREEMENT,the exclusive means of resolving that dispute,difference or claim,
shall only be by fihng suit exclusively under the venue,rules and junsdiction of the King
County Superior Court located in Kent,King County, Washington, unless the parties
agree in writing to an alternative dispute resolution process.In any claim or lawsuit for
Page 4 of 9 09/28/04
damages arising from the parties'performance of this AGREEMENT,each party shall
pay all of its legal costs and attorney's fees incurred in defending or bringing such claim
or lawsuit, in addition to any other recovery or award provided by law, roved
however,nothing in this paragraph shall be construed to limit either party'sthe City of
Kent's right to indemnification under Section 4 of thus AGREEMENT
6 Assignment Any assignment of this AGREEMENT by either party without the written
consent of the non-assigning party shall be void.
7 Modification No waiver, alteration,or modification of any of the provisions for the
AGREEMENT shall be binding unless in writing and signed by a duly authorized
representative of the City of Kent and the City of Des Moines
i
8. Entire Agleement The written provisions and terms of this AGREEMENT,together with
any attached Exhibits, shall supercede all prior verbal statements of any officer or other
representative of either party, and such statements shall not be effective or be construed
as entenng into or forming a part of or altering in any manner this AGREEMENT This
document, including all Exhibits,is the entire agreement between the parties Should any
language in any of the Exlubits to the AGREEMENT conflict with any language
contained in this AGREEMENT,the terms of this AGREEMENT shall prevail
9. This AGREEMENT shall be effective as to all parties on the last date signed below i
Page 5 of 8 09/28/04
IN WITNESS WHEREOF,this AGREEMENT and Conveyance is executed by the Parties by
their authorized officers indicated below
CITY OF KENT CITY OF DES MOINES
i
BY BY
ITS ITS
DATE DATE
ATTEST ATTEST:
CITY CLERK,CITY OF KENT CITY CLERK,CITY OF DES MOINES
APPROVED AS TO FORM- APPROVED AS TO FORM.
KENT CITY ATTORNEY DES MOINES CITY ATTORNEY
i
Page 6 of 8 09/W04
i
EXHIBIT A
DRAWINGS FOR THE CONSTRUCTION OF
PACIFIC HIGHWAY/KENT-DES MOINES L
ROAD INTERSECTION j
Page 7 of 9 09/28/04
77,
TYPICAL ROADWAY SECTION - PACIFIC HYlY. S.
WITH RAISED MEDIAN
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' EXHIBIT B
COST ESTIMATE FOR CONSTRUCTING
IMPROVEMENTS AS SHOWN IN EXHIBIT A
I �
Page 8 of 8 09/28/04
t
EXHIBIT B
Pacific Highway South -Kent-Des Moines Road ,
ITEM No REM Unit I Quantitv Unit Pnoa 1 Total Cost
1 Construction surveying LS 100 3,00000 3,000
4 ublity-potticiling FA 1 $2,000 00 $2,000
5 Resolution of Utility Conflicts FA 1 $2,000 00 $2.000
7 Mobilization LS 1 $30.000 00 $30.000
8 Off-Duty Undonned Police Officer HRS 195 $35 00 $6 5
9 Portable Changeable Message Sin EA 1 $2,500 00 $ rM
.
11 Teml9ra ry Traffic Control Devices LS 1 $1,00000 $1.000
12 Traffic Control Labor HRS 480 $31 50 $15,120
13 Traffic Contml Labor Supervisor HRS 200 $32 00 56,400
15 Roadside Cleanup FA 1 $1,000 00 MOW
16 Removal of Structures and Obstructions LS 1 $3,000 00 $3,000
19 Gravel Borrow Intl Haul TN 349 $7 30 $2,548 ,
21 Roadway Excavation Inc Haul CY 750 $26 00 $19,500
22 Sawcutting SF 1,924 $0 30 $547
27 Crushed Surfacing Top Course or Base Course TN 1.095 $12 00 $13,140
28 Cold Mix halt TN 100 $32 00 $3,200 '
29 As halt Cone Pavement CI A TN 1,355 S44 00 $59,620
30 Asphalt Cone Pavement CI E TN 583 3600 $20,988
31 Planing Bituminous Pavement SY 4,044 $2.00 $8 088
39 Ductile Iron Storm Sewer Pipe 12 IN Diam LF 123 1 $29 00 $3,567
40 IDuctile Imn Storm Sewer Pioe 18 IN Diam LF 136 $42 00 $5.712
42 lCorrucated Polyethylene Storm Sewer Pie 18 In Diam LF 432 $22 00 $9,504
44 Ad Lust Catch Basin to Grade EA 3 $300 00 $900
45 Ad ust Utility Manhole to Grade EA 2 $300 00 $600 ,
46 Solid Cover EA 2 $200 00 $400
47 Catch Basin T 1 EA 4 $700 00 $2,800
48 Catch Basin T 1 L EA 1 $770 00 $770
49 Catch Basin Type 2 48 In EA 6 $11500 00 $9,000
59 Adjust Utility Valve to Grade EA 7 $250 00 $1,750
62 Tempoirary Water Pollution I Erosion Control FA 1 SZ500 00 $2,500
64 Stabilized Construction Entrance SY 133 $10 00 $1,333
65 Catch Basin Filter EA is $40 00 $640 '
67 Tempo ry Silt Fence LF 150 $3 00 $450
68 Erosion and Sediment Contml ESC Lead HOURS 18 $5 00 $80
93 Cement Conc Curb and Gutter LF 1,523 $7 25 $11,042
94 Extruded Curb,Type 6 LF 364 $5 75 $2 093
97 Type A Precast Traffic Curb LF 380 S 12 50 $4,500
98 Type C Precast Traffic Curb LF 647 $12 50 $6.838
103 Cement Conc Sidewalk SY 795 $16 20 $12,895 '
106 SR 5161SR 99 Parmariant Traffic Signal S stem,Co to LS 1 $278,000 00 $139,o0o
107 SR 516JSR 99 Temporary Traffic Signal system,complete LS 1 $25,000 00 $12 500
113 Illumination System,Complete LS 1 $25,000 00 $25 000
114 Permanent SiWwV LS 1 $6A00 00 $6,000
115 Pavement Markin s LS 1 $7,824 00 $7,824
127 n ss r ra sari SY 622 $18 00 511,196
TOTAL
I
final road eatrrete xis Pape 1 Maim
Kent City Council Meeting
Date October 19, 2004
Category Consent Calendar
1. SUBJECT: KENT TRANSIT ORIENTED DEVELOPMENT (TOD) ACCESS
PROJECT GRANT AGREEMENT— roLTHoM�19z-
2. SUMMARY STATEMENT:
ecution of the Local Agency Agreement and Local
Agency Federal Aid Prospectus for the South Kent TOD Access Project nd dimet staff
W , to accept the grant and establish a budget
3. EXHIBITS: Public Works Director's memorandum and Local Agency Agreement
for Kent TOD access project
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6F
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
Phone 253-856-5500
Fax 253-856-6500
KE N T wwaHiworow Address 220 Fourth Avenue S
Kent,WA WM-5M
DATE: October 4, 2004
TO: Public Works Committee
FROM: Don Wickstrom, Public Works Director
SUBJECT: Local Agency Agreement for Kent TOD Access Project
1
MOTION-Recommend concurrence of the execution of the Local Agency Agreement and
Local Agency Federal Aid Prospectus for the South Kent Transit Oriented Development
(TOD) Access Project and authorize the establishment of the budget for same along with
directing staff to spend the money accordingly
SUMMARY:
I In order not to forfeit the Federal Grant money,the agreement had to be executed and received
by the State by October 1,2004 As such the agreement was executed and we are seeking
Council concurrence and approval of that action. The grant amount is$402,200 for which a
13 5% ($54,297)match is required The monies can only be used for unprovements to
pedestrian/bicycle pathways in downtown in conjunction with construction of transit onented
developments.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact as the match money
would come out of the Kent Station/Sound Transit Street Improvement project funds
BACKGROUND
In order not to forfeit the Federal Grant momes the agreement had to be executed and received
by the State by October 1,2004. As such the agreement was executed and sent and we are now
seeking Council's concurrence per doing so. The grant amount is$402,200 and can be used for
improvements to pedestrian and bicycle facilities in downtown for which the intent is to use
these funds to help build the pedestrian link between the Kent Station site and the downtown
area The match amount is$54,297 for which monies for same are available within the Kent
Station/Sound Transit Street Improvement project fund
Mayor Wlute and Kent City Council 1
.mot►
.. Washington State Local Agency Agreement
Department of Transportation
Agency City of Kent CFDA No. 20.205
(Catalog or Federal Danestie Assistance)
Address 220 4th Ave S
Project No. _
Kent, WA 98032-5895
Agreement No.
For OSC 1MSD0T Use Only
The Lots!Agency having eornjilred,or hereby agreeng to co*y,with the tams and condition set fffth in(1)Title 23,U S Code Highways,(1)Uie
regulattona tssucd pursuant thereto, (3) OtSce of Management and Budget Cuculara A-302, A-67 and A-133, (4) the poltctea and p oceduru
promulgated by the W gton State D epatfinent of TranspartaLon,and(5)the federal aid project agreement a owed into between the S tate and
Federal Govemmait,relative to the above pmjeet,the Waslimgton State Depamtte[it of Transportaumr will authorize the Local Agency to proceed on
the project by a separate notification Federal finds which are to be obligated for the project may not exceed the amount shown hum on line r,eoluiim
3,without written authority by the State,subject to the approval of the Federal Highway Adrmmstranon.Ali project costs not rembursed by the Federal '
Govenunent shall be the responsibility of the Local Agency
Project Description
Name Kent TOD Access Project Length City'sUrban center
Termini Within the Ctty s Urban Center
Description of Work
The Kent TOD Access project will construct non-motorized facilities to improve pedestrian and/or bicycle pathways,
connections and amenities in the City's Designated Urban Center including the downtown core,in conjunction with
construction of transit oriented developments. The project will include pedestrian Lighting,street trees,and possibly
utility undergrounding m some areas.
Estimate of Funding
Type of Work Esbma%d Total Estimated Agency Estmaled t
Project Funds Funds Federal Funds
PE a Agency 69,711 00 9,41100 60,300 00
865 % b Other
c Other
Federal Aid Participation d State 1,00000 13500 86500
,Ratio for PE e.Total PE Cost Estimate a+b-tp+d 70,711.00 9,546.00 61,165.00
Right of Way f AgqM
-9 Other
96
h Other
Federal Aid t State
Parbopation
Ratio for Rw I Total RNV Cost Estimate f +h+i
Constriction k Contract ,
1.Other
rn 0lltar
n Otter
% o
Federal Aid bon StStowRa
Rattioio for CN q Total CN Cost Estimate +I+m+n+o+
r.Total Project Cost Estimate e+j+ 70 711.00 9 546.00 61 165.00
Agency Official Washington State Department of Transportation
BY By
Title i thYx�G1M1�5 ��Y Assistant Secretary for Highways and Local Programs ,
Date Executed ,
DOT Farm 140�036 EF t
Revised Ot/2004
Washington State
Local Agency Federal Aid
TDepartment of Transportation Project Prospectus
Prefix Route
Federal Aid Date MOON
Prated Number
Local Agency WSDOT Federal Employer Protect Number (Llae Only Tax ID Number 916001254
Agency Federal Program Title
City of Kent 1120 205 0 20 209 0 Other
Protect Title Srert Latitiide N47,23,04 Start Longitude W122,14,08
Kent TOD Access Project
End Latitude N47,23,04 End Longitude W122,14,08
Prnlect Termini From To
City's Urban Center Within City's Urban Center
From To Length of Protect Award Type
® LoW ❑ Local Forces ❑ State ❑ Railroad
Federal Agency City Number County Number County Name WSDOT Region
® FHWA [I Mars Kmg I Northwest
Congressional District Legislative Districts Urban Area Number TMA!MPO!RTPO
9th 33rd 1 1 PSRC
Total Local Agency , phase Start
Phase, Estimated Cost Funding Federal Funds • Date
Barest Hundred Dollar Nearesl Hundred Dbliar Nearest Hundred Dolls Month Year
P E $69,700 $9,400 $60,300 October 2004
R/W
Conty $395,300 $53,400 $341,900 INhy 2005
Total $465,000 $62,800 $402,200
Description of Existing Facility Eitlsting Do nand Present Condition
Roadway Width Number of Lanes
N/A NIA
Project would improve or widen sidewalks in high pedestrian traffic areas within the urban center to facilitate access to transit
Exisitng sidewalks are narrow and are in direpair due to age and damage from street trees.
Description of Proposed Work J '
Roadway WidthNumber of Lanes
®New Conshuchon ❑3•R ❑2-R NIA N/A
The Kent TOD Access project will construct non-motorized facilities to improve pedestrian and/or bicycle pathways,
connections and amenities in the City's Designated Urban Center including the downtown core,m conjunction with construction
of transit onented developments The project will include pedestrian lighting,stred trees,and possibly utility imdergroundigg in
some areas
Local Agency Contact person Title Phone
Mark Madfai Senior Project En ea 253-856.5521
Mating Address dry state Zip Code
220 411h Ave S Kent WA 98032-5895
sy lei i
Design Approval / ���Engineer
True stn;ar �ioiui G:2;ns4— Date ' zt oq
DOT Formi4l)-1111 EF Page 1 of 3 nSupersedes Previous Edibonss
Revised 1wvin
i
Agency Project Title oats
City of Kent Kent TOD Access Project 9/20/2W4
j:j oti-tetric D ' i�s gh Data' _ • �_ ,, j :., r '
Description Through Route Crossroad
❑Pnnopal Arterial ❑Pnnapel AAenai
Federal ❑Urban o�;I�r rial ❑Urban p ` n�
Functional [I Major Collector 0 may r Collector
Classification p Rural ❑�In�Co%ctOr p Rural QMinor Colleclior
❑Access Street%ad ❑Access Street/Road
Terrain ❑Flat ❑Roil ❑Mountain ❑Flat O Roll ❑Mountain
Posted Speed
Design Speed
Existing ADT
Des n Year ADT
n Year
Design Hourly Volume DHV)
Accident -3 Yeai Experience:
Property ImurmyAccdents Fatal Accidents
Year Damage Number of Number of Number of Number of ofAccidents
Total Number
Accidents Accidents Irgunes Accidents Fatalities
Performance of Work
Prelumnary Engineering WIN Be Performed By Others Asericy
Agency/Consultant 0 % 100 %
Constnrction Will Be Performed By Contract Agency
Contractor 100 % 0 %
Environmental Classification
❑Final ®PmIlminary
❑ Class I-Environmental Impact Statement(EIS) ® Class II-Categorically Excluded(CE)
❑ Project Involves NEPA/SEPA Section 404 ® Protects Requiring Documentation
Interagency Agreement (Documented CE)
❑ Class III-EnvrronmentalAssessmen►(FA)
❑ Project Involves NEPA/SEPA Section 404
Interagency Agreement
Environmental Consderatioris ,
The project will have very little environmental effects The project will add a small amount of additional unpervious
area by widening sidewalks.There will be no wetlands or other sensative seas impacted
DOT Farm+eo-ioi EF Page 2 of 3 ,
tAgency PrgeUTttle Date
'City of Kent Kent TOD AceessProject 9f2t)J2(XA
Rigfit of Way
Y
® No Right of Way Required ❑Right of Way Required
•AN construction required by the ❑No Relocation ❑Relocation Requited
contract can be accomplished
within the existing right of way
Deswptm of Ubkty Rel=ton or Adjustments and extswV Major Structures Invotved m ft Protect
The project may include some utility undergroundmg in areas where overhead power lutes exist and interfere with
the new sidewalk Adjustments or relocations of existing utility vaults or cabinets may be necessary No major
structures will be involved in the project
FAA Involvement
Is any airport located within 3 2 kilometers(2 miles)of the proposed project? ❑ Yes ® No
Remarks
r
This project has been reviewed by the legislative body of the administration agency or agencies,or It's designee,and is
not inconsistent with the agency's comprehensive plan for community development
Agency G s'414p •.n
' Date BY
DOT Farm 140,101 EF Page 3 of 3
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Kent City Council Meeting
Date October 19, 2004
Category Consent Calendar
1. SUBJECT: WASHINGTON CONSERVATION CORPS SPONSOR
CONTRACT— A1J1-1 (IR1-7EP D
2. SUMMARY STATEMENT: -Andwii �e Mayor/o sign the WasVngton
Conservation Corps Sponsor Agreement, in the amount of$85,000 and jirect staff to
pay any expenses out of various capital improvement projects.
3. EXHIBITS: Public Works Director's memorandum and Washington Conservation
Corp Contract
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?_
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6G
PUBLIC WORKS DEPARTMENT
Don E Wickstrom,P E Public Works Director
KENT Phone
Fax 253-856-6500
WAs MIw Orom
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: September 29,2004
FR Public l N Env ee
FROM: Bil]Wo Environmental Engineering Manager
THROUGH: D ickstrom,Public Works Director
REGARDING: 2004-05 Washington Conservation Corps Sponsor Contract
MOTION: Recommend authorizing the Mayor to sign the Washington Conservation Corps
Sponsor Agreement, in the amount of$85,000,and direct the staff to utilize these funds to
purchase landscaping and maintenance labor for various capital improvement projects
i
SUMMARY: This agreement will provide approximately half of the salary,benefits,tools,and
transportation costs for a 5-person crew and supervisor(the Amencorps service program will
provide the other half as well as educational scholarships for crew members)to participate in the
landscaping and maintenance of various capital improvement projects within the Environmental
Engineering Section. This agreement will provide substantial cost saving to the City of Kent
when compared with traditional landscaping and maintenance contracts This agreement covers
the tune period between October 1,2004 and September 30,2005. The Public Works
Department recommends authorizing executing the agreement
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact—Funds for the projects have
been established as part of the Stormwater Capital Improvement Program.
BACKGROUND: The Washington Conservations Corps(WCC)is a youth job skills training
program administered by the Washington State Department of Ecology that was modeled after
the Civilian Conservation Corps of the 1930's and `40's Under the WCC program,young adults
between the ages of 18-25 will be employed for a period of 12-months to conserve and enhance
the State of Washington's natural resources Work crews are recruited from the local area and
receive the State minimum wage(currently$7.14Jhour),basic health care insurance and a$4,725
educational scholarship upon completion of 12 months of service. The City of Kent has
participated in this program since 2000 The Kent crew will primarily be involved in planting
and maintaining natural areas as part of current Stormwater Capital Improvement Projects
WCC AGREEMENT NO
.,,040 WASHiNGTON CONSERVATION CORPS
a`c'o`i`0`6 7
SPONSOR CONTRACT
THIS CONTRACT made by and bet ween the State of Washington Department of Ecology Conservation Corps,
hereinafter referred to as the "DEPARTMENT," and that entity whose name appears in item 1, below,
hereinafter referred to as the "SPONSOR "
1. SPONSOR C'my of Kent Z. CONTACTS
3. ADDRESS: Enalneerino Deot DFPT- PROIFCr IFADFR Nicholas Mott (360) 407-6077 '
220 4" Ave. S. -
Kent. WAC14n-1614
98032-5895 OMER
SPONSOR FISCAL OFFICER
4. PROJECT T1TLE/DESCRIPTION . City of Kent WCC/AmeriCorps
S. PROJECT LOCATION: City of Kent
6. SCOPE OF WORK: Various
7. PERIOD OF PERFORMANCE:
CONTRACT BEGINS October 1. 2004 CONTRACT ENDS September 30, 2005
8. MAXIMUM BUDGET REIMBURSED
to DEPARTMENT
by Sponsor
Provided by DEPARTMENT Cost Provided by SPONSOR/DONATIONS COST
WCC Crew(5 members and S 485,000
supervisor) for 12 months
Total DEPARTMENT Cost S Total SPONSOR COST S85,000
Above cost t
Not to be
Exceeded
10. Special Terms and
Conditions
0No ® Yes (See
XVII.)
11 Biennial Closures- In accordance with biennial closing procedures, the sponsor must REMARKS
reimburse the DEPARTMENT no later than i„r,g, an- Zone fnr services or material supplied
under this contract when submitted for p ayment on properly itemized vouchers (Form A -19)
AFRS ACCOUNT CODE
TRANS APPN PROG PROJECT SUB PROJ ORG CO 003 SUB AMOUNT
CODE FUND INDE INDE PROD PHAS DOE OBJ ,
x x x
IN CONSIDERATION OF THE GENERALTERMS AND CONDITIONS OF THIS CONTRACT,THE PARTIES AGREE AS FOLLOWS
' I All rights and oblgations of the parties to this contract shall be subject to and governed by those General Terms and Conditions contained in
the text of this contract Instrument and Section XVII 'SPECIAL TERMS AND CONDITIONS"
It In the event of an inconsistency in this contract unless otherwise provided herein,the Inconsistency shall be resolved by giving precedence in
the
following order (a)Applicable Federal$State Statutes &Regulations,(b)Special Terms and Conditions,and(c)General Terms and
Conditions
111 This Contract and its appendices, of any,contains all the terms and conditions agreed upon by the parties No other understandings,oral or
otherwise,regarding the subject matter of this contract shag be deemed to exist or to bind any of the parties hereto
j IV This contract shall be subject to the written approval of the authored representative of the DEPARTMENT and shag not be binding until so
approved Only the authorized representative by writing(delegation to be made prior to action)shag have the expressed,implied,or apparent
authority to alter, amend,moldy,or ware any clause or owndilwn of this contract Furthermore,any alteration,amendment,modification,or
waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the authorized
representative
V AUTHORITY AND PURPOSE
A Authority
The Legislature enacted Chapter 43 220 RCW which created the Washington Conservation Corps,hereinafter referred to as the'WCC;
and named the DEPARTMENT as one of six state agencies having implementation aufhonty
B Purpose
The purpose of this contract is to establish a formal understanding between the DEPARTMENT and the SPONSOR to accomplish the
project described in Section 7 "SCOPE OF WORK"
This contract is designed to specify the kinds and amounts of goods and services to be used andler exchanged by the DEPARTMENT
and the SPONSOR to their mutual benefit through a WCC project
1 The SPONSOR acknowledges that participation in the WCC program shall not result in the displacement of currently employed workers,
including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits, nor in the
impairment of existing contracts for services
VI DEFINITIONS
A "SPONSOR Contact" shall mean the person who starves as the SPONSORS lead on the project and shag cooperate with all parties
concerned to promote successful completion of the project described in Section 7 'SCOPE OF WORK'
B "SPONSOR Work Director"shall mean the person who specifies work to be performed onsite,outlines,describes,and delegates work to
be accomplished, supplies necessary orientation and training for use of spacial equipment and procedures, and is responsible for
directing WCC crew supervisors)regarding specific project tasks as described in Section 7 "SCOPE OF WORK"
C "DEPARTMENT Project Leader shall mean the person who Is responsible for developing and facilitating the project and shall serve as
liaison between the DEPARTMENT and SPONSOR PROJECT LEADER assumes ultimate responsibility to ensure adequate
coordination of the project
D "Corps Member"shag mean an individual enrolled in the WCC program Corps members shall not be considered regular state employees
Provisions of law relating to civil service,hours of work,rate of compensation,sick leave,unemployment compensation,state retirement
plans and vacation leave do not apply to the Corps members However,medical aid and state industrial insurance will be provided by the
DEPARTMENT for each Corps member
E "Crew Supervisor shag mean the person who is responsible for matters relating to personnel administration and overall project direction
He/she supervises Corps members (generally four or more) regarding work to be accomplished and is responsible for individual crew
safety daily crew supervision and discipline,completes Corps member training plans,and provides a written evaluation of each Corps
members job performance and skills acquired after two months and at tennuiation of employment
VII SCOPE OF WO$K
Both parties agree to compete m a satisfactory and proper manner the services described under the Section 7 "SCOPE OF WORK'of
this oontract, and to provide materials and supplies necessary to ensure satisfactory completion of the project including any special
equipment required by special work conditions,and to procure any necessary permits such as right of entry The DEPARTMENT agrees
to provide Corps members who will be used to complete said work AN equipment provided by either the DEPARTMENT or the
SPONSOR shall be returned to the provider within Mean(15)days after termination of this contract,unless otherwise specified in Section
XVII 'SPECIAL TERMS AND CONDITIONS!
� i
VIII PERFORMANCE
A Tmtdata for Pertcrtnanoa Any work performed prior to the effective date of thus SPONSOR CONTRACT,or continuing after lima compieboni
date of same.unless othermse agreed upon in writing herein,will be in violation of this contract and will be at the SPONSOR'&expense
B Compliance With All Lm The SPONSOR agrees to observe all federal and state laws,regulations,and policies affecting performance
under this contract
C Release of Information or Matenals The SPONSOR will not release any informabon or materials developed pursuant to this contract
without prior written euthonty from the DEPARTMENT
D Final Report Evaluation Within 15 days after termination of this contract,the SPONSOR shah provide the DEPARTMENT with a mitten
evaluation of the prated At a minimum,the following shall be evaluated
1 Beneflt to Corps members 4 Whether the overall goals and objectives of the project were obtained
2 Environmental bens its 5 Suggestions for program improvement
3 Department cooperation/coordination 6 Revised estimates of alternate supplier cost and SPONSOR
oost/donaton
IX TERMINATION OF CONTRACT
A Tgrnmation by SPONSOR for Cause lf the DEPARTMENT fails to fulfill in a timely and proper manner its oblWbons under this contract,
or d DEPARTMENT shall violate any of the covenants,agreements,assurances,or stipulations of the contract,SPONSOR shall have the
right to terminate this contract by gmng mitten notice specifying the effective termination date to the DEPARTMENT at least seven (7)
days before such date
B Temm�ation by DEPARTMENT for Cause If SPONSOR fads to futSK in a timely and proper manner its obligations under this contract,or d
SPONSOR shall violate any of the covenants, agreements,assurances,or stipulations of the contract, DEPARTMENT shall have the
right to terminate this contract by giving written notice specifying the effective termination date to the SPONSOR at feast seven(7)days
before such date
C Termination by DEPARTMENT for Conygiuence The DEPARTMENT may terminate this contract by giving written notice to SPONSOR of
such termination and specifying the effective date thereof at least ten (10) days before the effective date of such termination In RW
event all finished or unfinished documents and other materials as described above shall be delivered to DEPARTMENT for its review
After the review at the option of DEPARTMENT such documents or material or portions thereof shall become its property
O Insufficient Fundino In the event funding from state,federal,or other sources is withdrawn,reduced,or limited in any way after the after
the effective date of this contract and prior to normal completion, the DEPARTMENT may terminate the contact under Section IX C
'Termination by DEPARTMENT for Convenience"clause,su4ect to renegotiation under those new funding lirmtatwns and conditions
X tAL BIUTY
A When direct supervision is provided by the DEPARTMENT employed crew supervisor, the DEPARTMENT agrees that WCC members
working under this contract are agents of fhe DEPARTMENT, and therefore the DEPARTMENT shall be liable for personal injury or
property damage caused by WCC Corps member negligence
B When direct supervision is provided by the SPONSOR,the SPONSOR agrees that WCC Corps members working under this coritract are i
agents of the SPONSOR,and therefore the SPONSOR shall be liable for personal injury or properly damage caused by WCC Corps
member negligence
C To the extent that the Constitution and laws of the State of Washington permit,all parties to this contract shall be responsible for damage
to persons or property resulting from the negligence on the part of itself,its employees, its agents,or its officers None of the parties
assume any responsibility to the other parties for the consequences of any act or omission of any person,firth,or corporation not a party
to this contract
XI NON-DISCRIMINATION
The DEPARTMENT and the SPONSOR agree to be bound by all federal and state laws, regulations,and policies against discrimination and
agree not to discriminate in employment,either directly or indirectly,because of a persorfs age,sex,sexual orientation,inental status,creed,
color,national origin,or Ina presence of any sensory,mental,or physical handicap,unless based upon a bona fide occupabonal qualification
XII , DISPUTES
Except as otherwise provided in this contract,when a bona fide dispute arises between the DEPARTMENT and the SPONSOR and it cannot
be resolved,either party may request a dispute resolution with the DEPARTMENT The parties agree that this dispute resolution process shall
precede any action in a judicial tribunal Either party's request for a dispute resolution must
A be to writing,
B state the disputed issues,
C state the relative positions of the parties,
D state the SPONSOR's name,address,and WCC Agreement number,
E be marled to the DEPARTMENT within thirty(30)days after the party could reasonably be expected to have knowledge of the issue(s)
which are now in dispute
XIII INVOICE VOUCHERS
Reimbursable expenditures under the terms and conditions of this contract shall in no event exceed the amount set forth herein The
SPONSOR shall reimburse the DEPARTMENT for services performed when submitted on a property itemized voucher(Form A-19)in
accordance with Section 9 'MAXIMUM BUDGET Reimbursement shalt be made by the SPONSOR"thin thirty(30)days of receipt of
said voucher
XIV AMENDMENTS
Changes in the scope of this contract which cause an increase or decrease in the cost of,or the time required for the performance of any
part of the scope of work under this contract,shall be accomplished by written amendment and executed by both parties prior to
implementation
XV SUBCONTRACTS
The SPONSOR shall not enter into subcontracts for any of the work contemplated under this contract without obtaining prior written
approval of the DEPARTMENTS PROJECT LEADER
XVI RECORDS RETENTION
Both parties shall maintain books,records,documents and other evidence of accounting procedures and practices which sufficiently and
property reflect all direct and indirect costs of any nature expended in the performance of the SPONSOR CONTRACT These records
shall be subject at all reasonable times to inspection,review,or audit by duly authonzed personnel for six years after the contract end
date
XVII SPECIAL TERMS AND CONDITIONS
Special terms and conditions of this contract contained in the box below are made a part of this contract(requires initials)
Department Sponsor
See Attached
XVII ENTIRE CONTRACT
This document contains the entire and integrated contract between the parties,and no statement,promise,inducement or agreement
made by the DEPARTMENT or its agents or employees that is not contained in this written contract shall be valid or binding No
alteration,addition,or modification of any of the terms or conditions of this contract shall be effective if not in writing and signed by the
authorized representatives of the SPONSOR and the DEPARTMENT
SIGNATURES
SPONSOR DEPARTMENT
BY BY
TITLE TITLE Field Operations Coordinator
DATE DATE &16104
Pro-Approvea as to form by the Assistant AtTomey Gene`►al—
Ecolopy a an Equal Opportunn44yy end Aerims6ve scbon employer For special accommodation needs,contact the Washrom Conseivaban Corps at(20a)407-GMT
The TDD member is(205)407-e00e
Special Terms and Conditions
AmeriCorps 2004/05
1. A flat fee of$85,000 is contracted for WCC crew of 5 corpsmer bens and 1 Crew
Supervisor,including a truck,a basic set of hand tools,and training Sponsor will be billed
a flat fee of$7,083 33 per month This fee is not based on actual crew days worked or
number of corpsmembers on the crew No cost reductions will be applied due to crew at
less than full capacity.
2 Corpsmember AmenCorps program year consists of October 4,2004 through September
30,2005 All members will graduate at that time.
3 WCC Crew Supervisor will work the full year(12 months), and will be available to the
Project Sponsor during September/2005 for 2 weeks The other 2 weeks will consist of
recruitment/hiring for the next program year,and training opportunities as needed.
4. It is up to the Project Sponsor to keep crews at maximum capacity. WCC will assist in
recruitment and hiring as needed
5 Corpsmembers will be hired and working no sooner than October 4,2004 and no later
than November 1, 2004 to attain a full AmenCorps scholarship.
6. Corpsmember vacancies can be filled with a 900 hour,half AmenCorps scholarship from
March 1-31,2005. There will be no further corpsmember hiring for the rest of the
program year
7. All state holidays will be non-working days with no make up hour allowed. Those
holidays(and Christmas break) include
November 11,2004-Veteran's Day
November 24125,2004-11anksgiving
December 23-31-Chnstmas/New Year's Break
January 17,2005-MLK Day
February 21,2005-President's Day
May 30,2005-Mernonal Day
July 4,2005-Independence Day
8. There will be 3 weeks of formal WCC corpsmember training,dates to be determined
9. Corpsmembers may be required to attend community service events, cross training
opport u hies,National Day of Service events,any appropriate administrative meetings,and
Emergency Response activities at muvmal notice,as needed
10 Sponsor agrees to provide a secure site to store tools and park WCUState vehicle. WCC
velucle is not to be used for heavy hauling The primary use of vehicle is for
transportation of crew,tools, and safety equipment.
11 The WCC standard workweek is Monday through Thursday from 7 00am to 5 30pm. An
alternate work schedule may be arranged with prior approval from the WCC.
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Kent City Council Meeting
Date October 19. 2004
Category Consent Calendar
1. SUBJECT: HAZARD MITIGATION GRANT FOR RESERVOIR SEISMIC
STRENGTHENING— d�vG
2. SUMMARY STATEMENT: AutheFize e Mayo sign the Hazard V�itigation
Grant for Reservoir Seismic Strengthening in the amount of$533,750 awvdirect staff to
accept the grant and establish a budget .
3. EXHIBITS: Public Works Director's memorandum and Hazard Mitigation grant
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6H
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Pubic Works Director
Phone 253-855-5500
K E O T Fax 253-856-6500
WASH I N O T O M Address 220 Fourih Avemm S
Kent,WA 980325895
DATE: October 4,2004
TO: Public Works Committee
FROM: Don Wickstrom
1 SUBJECT: Hazard Mitigation Grant for Reservoir Seismic Strengthening
MOTION: Recommend that the Council authorize the Mayor to execute the Washington
State Military Department Mitigation Grant Agreement to accept Federal Emergency
Management Agency (FEMA) Hazard Mitigation Grant Program funds for the Kent
Reservoirs Seismic Strengthening project and to establish a budget for the same along with
directing staff to spend money accordingly.
SUMMARY: The City has received a federal grant for seismic upgrading of the Cambridge,
Reith Road and 6 million gallon#1 (James Street)water reservoirs. The funding is as follows
Federal(FEMA) $457,500 (75%)
City share 76,250 (12.5%)
Wash. St Military Dept 76,250 (12.5%)
Total grant estimate $610,000
In addition, up to $13,200 00 for administrative cost is authorized The Public Works
Department recommends authorizing the execution of this agreement
BUDGET IMPACT: No Unbudgeted F1sca"ersonnel Impact
BACKGROUND: This grant program is the result of the March 2001 Nisqually Earthquake
Disaster. The City applied for the grant to June 2002 and recently received notice of award. The
improvements to be constructed were recommended in a 1996 report prepared by Dames and
Moore"Earthquake Vulnerability Assessment,Water, Waste Water and Storm Facilities" Many
of the recommended projects have been completed The City also budgeted an additional
$272,561 for seismic improvements for the Cambridge reservoir which was scheduled for
construction next year With the grant funds,all three projects; seismic retrofit of the Cambridge
tank, 6 million gallon Reservoir 41 and the Reith Road Reservoir can be completed and the
money previously budgeted will cover the City share
Public Works Committee 1 Hazard Nfitigation Grant
October 4,2004
Washington State Military Department
MITIGATION GRANT AGREEMENT FACE SHEET
1 Applicant Name and Address 2 Total Project Amount 3 Grant Number
City of Kent $610,000.D0 F,S,L
220 4t°Avenue South up to$13,200 00 F E05-106
Kent,Washington 98032
4 Applicant Agent phone number 5 Grant Start Date 6 Grant End Date
Jim Schneider,Fire Chlef,(253)856.4300 July 12,2004 August 12,2005
7 MO Program Managerlphone number 8 Data Universal Numbering System 9 UBI#(state revenue)
Joan Sterling,(360)570.6371 (DUNS) 173-000-002
10 Funding Authority
Washington State Military Department(Department),and the Federal Emergency Management Agency(FEMA)
11 Funding Source Agreement# 12 Program Index# 1 13 Catalog of Federal Domestic Asst 14 TIN or SSN
FEMA4DR-WA-1361-0051 71426-75;71626-12 5 (CFDA)#8 Tltle 97 039(HMGP) 91-WO1254
15 Service Districts 1 16 Service Area by County(ies) 17 Women/Mmonly-Owned,State
(BY LEGISLATIVE DISTRICT) 47 Certified? X NIA ❑ NO
(BY CONGRESSIONAL DISTRICT) 7,8 Kling County ❑ YES,OMWBE#
18 Grant Agreement Classification 19 Document Type(check all that apply)
O Personal Seances 0 Client Services X Public(Local Gov't ❑ Contract X Grant X Agreement
❑ Collaborative Research ❑ A(E ❑ Other O Intergovernmental ❑ Interagency
20 Applicant Selection Process 21 Applicant Type(check all that apply)
X 'To all who apply 8 qualify' O Competitive Bidding O Private Organization/Individual ❑ For-Profit
O Sole Source O AIE RCW ❑ NIA X Public Organ¢abordJunsdvr.Amn X Non-Proft
❑ Advertised') OYES ❑NO ❑ VENDOR ❑ SUBRECIPIENT X OTHER
22 BRIEF DESCRIPTION
Project Title, Kent Reservoirs Seismic Strengthening. To provide funds to the Applicant for the herein proposed
Mitigation Project as noted in Attachment 1-Description of the Project; Attachment 2-Project Development and
Construction Schedule; and Attachment 3, Certifications and Assurances, and the original application, which are
incorporated herein by this reference.
IN WITNESS WHEREOF, the Department and Applicant acknowledge and accept the terms of this Grant Agreement,
exhibits and attachments hereto and have executed this Grant Agreement as of the date and year written below This Grant
Agreement Face Sheet, Special Terns and Conditions, General Terns and Conditions, Federal and State Requirements
and Assurances.Statement of Work and/or D ascription of P roject(Attachment#1).a nd Project Development Schedule
(Attachment#2), and any other attachments govem the nghts and obligations of both parties to this Grant agreement
In t he a vent o f a n t nconsistency in t his G rant Agreement, u nless o therwise p rovided h erem,t he inconsistency s hall b e
resolved by giving precedence in the following order
1. Applicable Federal and State Statutes and Regulations
2. Statement of Work and/or Project Description
3. Special Terms and Conditions
4. General Terms and Conditions,and if attached,
5. Other provlslons of the contract incorporated by reference. i
This Grant Agreement, including all attachments, contains all the terms and conditions agreed upon by the parties No
other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind
any of the parties hereto
WHEREAS,the parties hereto have executed this agreement on the day and year last specified below
FOR THE DEPARTMENT FOR THE APPLICANT
Signature Date Signature Date
James M Mullen,Director Jim White,Mayor,City of Kent
Emergency Management Division APPROVED AS TO FORM
Washington State Military Department
APPROVED AS TO FORM Spencer W Daniels (signature on file) 8119/D4 Applicant's Legal Review Date
Assistant Attorney General
Form 10WIGO kdb
Mitigation Grant Agreement Page 1 of 18 Cdy of Kent
E05.106
Washington State Military Department
SPECIAL TERMS AND CONDITIONS
Article 1—COMPENSATION SCHEDULE:
1 PROJECT FUNDING
The Department will administer the Mitigation Grant Program and will commit the required state match and
pass through the federal match.The Applicant will commit the required local match
a. The total cost of the project for the purposes of this Grant Agreement is $610,000.00 dollars,
PROVIDED that, if the total cost of the project when completed, or when this Grant Agreement is
terminated, is actually less than above,the actual cost shall be substituted herein
b. The value of the contributions by the Applicant to the project shall be $76,250.00 dollars, or 12 5%
percent, at minimum, of the total project cost
c Subject to the terms of this Grant Agreement, the Department agrees to provide $76,250.00 dollars, or
12 5% percent of the total project cost,whichever amount is less.
d. When the Department enters into an agreement with the Federal Emergency Management Agency
(FEMA), to contnbute federal funds to this project, that federal contribution will be $457,500.00 dollars,
or 75% percent of the total project cost, whichever is less, and up to $13,200.00 dollars for
administrative costs (A 3, Project Payments)
e The Department shall not be obligated to pay any amount beyond that set out in Subsection C and D
above unless that additional amount has been approved in advance by both the Department and
Applicant and is incorporated by written amendment into this Grant Agreement
2 GRANT AGREEMENT PERIOD
Activities performed by the Applicant and payable under this Grant Agreement shall be those following the
Presidential Declaration of Disaster, FEMA-1361-DR-WA, and approved by FEMA for funding, dated
July 12, 2004 The project's Grant Agreement period shall be in accordance with the Applicant's Project
Development and Construction Schedule (ATTACHMENT 2) However the project will not exceed the
completion date of August 12, 2005 as shown in the Applicant's Project Development and Construction
Schedule This period shall be referred to herein as the"Grant Agreement period;unless expressly stated
otherwise.
a. The Applicant shall complete the project as approved and described in ATTACHMENTS 1 and 2 In
the event of extenuating circumstances, the Applicant may request, in writing, that the Department
extend the deadline for Grant Agreement completion The Department may, in its sole discretion,
extend the deadline
b. No expenditure made, or obligation incurred, following the Grant Agreement period shall be eligible, in
whole or in part, for grant funds. In addition to any remedy the Department may have under this Grant
Agreement, the amounts set out in Proiect Funding section above may be reduced to exclude any
such expenditure from participation
c Failure to complete the project in a timely manner, as outlined in Attachment 2, is a material breach of
this Grant Agreement Refer to General Terms and Conditions Section A.5 for termination actions
3 PROJECT PAYMENT(s)
The Department, using disaster funds from PL 93-288, the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as amended, and the State of Washington, shall issue payments to the
Applicant as follows-
, a. Payment for work completed and submitted on an A 19, Voucher Distribution,with documentation
b. The Department reserves the right to withhold disbursement of its share of funding, as specified in A 3,
Project Payment C, to the Applicant until the project has been completed and given final approval by
1 the Department
c. Final Payment Final payment of any remaining, or withheld, funds will be made upon submission by
the Applicant within 60 days of completion of the project of the final report and an A-19, Voucher
Distribution, and completion of all final inspections by the Department Final payment also may be
conditioned upon a financial review, if determined necessary by the Department. Adjustments to the
final payment may be made following any audits conducted by the Washington State Auddor's Office,
the United States Inspector General,or authorized representative of the Department
Mitigation Grant Agreement Page 2 of 18 City of Kent
E05.106
d The Applicant is eligible to receive federal administrative monies, upon completion and closure of the ,
project, for the costs of requesting, obtaining, and administering the mitigation grant based on the
following percentages of total net eligible costs.
• For the first$100,000 of net eligible costs,three percent of such costs
• For the next$900,000, two percent of such costs.
• For the next$4.000,000,one percent of such costs
• For those costs over$5,000,000, one-half percent of such costs
Article II—REPORTS:
1. In addition to the reports as may be required elsewhere in this Grant Agreement, the Applicant shall
prepare and submit the following reports to the Department's Key Personnel.
The APPLICANT shall promptly submit the following reports
• A progress report with each A-19, Voucher Distribution,
• Quarterly progress reports,and
• A final report when the protect is completed, prematurely terminated, or project assistance is
terminated The report shall include a final accounting of all expenditures and a description of work
accomplished If the project is not completed, the report shall contain an estimate of the percentage of
completion, and shall indicate the degree of usefulness of the completed project The report shall
account for all expenditures not previously reported and shall include a summary for the entire project
Article III-KEY PERSONNEL:
1 The individuals listed below shall be considered key personnel and point of contact Any substdugon by
either party must be submitted in writing.
APPLICANT DEPARTMENT '
Name Merrill Vesper Staff name Joan Sterling
Title. Engineer HMGP Construction Manager
E-mail address mvesper0ki kent wa us j.sterling@emd wa gov
Phone Number 253-856-5517 (360)570-6371
Fax 253-856-6500 (360)570-6350
Article IV- FINANCIAL MANAGEMENT AND ACCOUNTING:
1 The Applicant shall establish and maintain a financial management and accounting system that conforms
to generally accepted accounting principles and complies with the Office of Management and Budget
Circular No A-102,"Common Rule,"or such equivalent system as the Department may require
Article V—ADDITIONAL SPECIAL CONDITIONS AND MODIFICATIONS TO GENERAL CONDITIONS
1 ACQUISITION AND DISPOSITION OF PROPERTY AND EQUIPMENT
The Applicant agrees to comply with the requirements of the Federal Office of Management and Budget
Circular No A-102, "Post Award Requirements" Subpart "Co to account for any tangible real property,
equipment and procurement, or such other requirements as the Department may prescribe
2 PROVISIONS APPLYING ONLY TO CONSTRUCTION PROJECT
The following provisions shall be in force only if the project described in this Grant Agreement is for
construction of a Mitigation Project.
a. Construction Document Approval The Applicant agrees to submit two copies of all construction plans i
and specifications to the Department for review and approval. Review by the Department will be for
compliance with the terms of this Grant Agreement.
Mitigation Grant Agreement Page 3 of 18 city of Kent
E05.106
b Grant Agreements for Construction: Grant Agreements for construction shall be awarded through a
process of competitive bidding, if required by federal and state law. Copies of all bids and contracts
awarded shall be submitted to the Department upon request Where all bids are substantially to excess
of project estimates, the Department may, by notice in writing, suspend the project for determination of
appropriate action,which may include termination of the Grant Agreement
c Construction Grant Agreement Change Order. All change orders must be to writing and shall be
submitted to the Department. The Applicant shall pay any increase to the cost of the project as the
result of a change order, unless the Department has agreed to the change, with a written amendment
to this Grant Agreement
d HMGP Property Acquisition Projects. An original Exhibit A (deed restrictions in perpetuity) will be filed
for each parcel with an individual legal description and an assurance of clear title provided
Mitigation Grant Agreement Page 4 of 18 City of Kent
E05-106
ATTACHMENT#1 '
STATEMENT OF WORK AND/OR DESCRIPTION OF PROJECT
APPLICANT City of Kent
PROJECT TITLE. City of Kent Reservoirs Seismic Strengthening
As a condition of receiving Hazard Mitigation Grant Program (HMGP) funds, the Applicant must have
an approved 322 Mitigation Plan (per 44 CFR Section 201.6). If the Applicant does not currently have a ■
322 Mitigation Plan, one will be developed by November 1, 2004. The HMGP Application submitted by l
the City of Kent, by reference, is an attachment to this agreement, including the provisions of the
Certifications and Assurances Document, part of Attachment 3 of this agreement. HMGP Guidelines
for Approved Projects Is provided for general guidance to the Applicant,the City of Kent,In addition to
technical assistance available from the HMGP staff.
The City of Kent Reservoirs Seismic Strengthening Mitigation project of the Applicant which is the subject of
this Grant Agreement is described in summary as follows.
Project is to seismically retrofit three water storage reservoirs within the City of Kent 6 million gallon #1
Reservoir at 23825 98"'Avenue South; Reith Road Reservoir at 25601 Reith Road, and Cambridge Reservoir
at 3301 S 264'h Street Seismic retrofit work includes the strengthening of the tank ring walls, inspection,
installation and restoration of anchor straps and welds, and installation of flexible inlet and outlet coupling At
the Reith Road Reservoir, the staircase will be modified to accommodate upward lift At the Cambridge Tank
Reservoir, lateral braces will be removed and restored with new braces
The City of Kent Agrees To the Following:
The following conditions must be met
1 Return three (3) signed grant agreements within one month of receipt(s), along with associated j
documents If this date cannot be met, contact your state Key Personnel Initial notice to proceed as of
the award grant start date allows for the city to begin expenditures Reimbursement for eligible costs
can occur once there is a fully executed grant agreement
2 The Applicant will submit signed, approved invoice vouchers (state form A-19)within 15 days of the end
of the month in which the work was performed. Each billing must identify the task completed and any
other funding identification pertinent to that task, including match Documentation of all costs, such as
payment document and date, is required
3 City must ensure that it has sufficient funds and resources to pay for all eligible costs and overages
throughout the project and can maintain the schedule as presented
4 The Applicant will submit quarterly reports until all requirements are fulfilled, report any issues,
including findings of hazardous materials, and submit a signed final report and an adopted, city hazard
mitigation plan (as required) before final (i e., administrative costs) payment A time schedule of work
for each reservoir will be included in each quarterly report with a percent of completion
5 For construction projects, submission of the final application and cerblicate for payment with the
architect's and/or engineer's certification of final costs and acceptance is required
6 Applicant is responsible for selecting, implementing, monitoring and maintaining Best Management
Practices to control erosion and sediment, reduce spills and pollution, and protect habitat
7 Applicant shall obtain all required local, state, tribal, and federal permits and approvals prior to starting
the project
8 All eligible work is to be in compliance with current codes and standards while substantially conforming
to the preexisting design,function and location
Mitigation Grant Agreement Page 5 of 18 City of Kent
E05.106
' 9 In the event significant items (or evidence thereof) are discovered during the implementation of the
project, applicant shall handle, manage and dispose of hazardous materials and/or toxic waste in
accordance with the requirements and to the satisfaction of the governing local, state,tribal,and federal
agencies. This may include, but is not limited to, asbestos, lead paint, sand-blasting residue, discarded
paints and solvents, unlabeled tanks or containers, and inactive underground storage tanks
�I 10 If excavation occurs outside of disturbed areas, the site shall be examined for historical or
archaeological significant materials (or evidence thereof)If historical or archaeological significant
materials are discovered, the project shall be halted and a call placed to the state HMGP Key
Personnel (listed in Article III). T he state will coordinate with FEMA, in consultation with the State
Historic Preservation Office, for a determination on what appropriate measures will be necessary to
ensure that the project remains in compliance with the National Historic Preservation Act
11 Any changes to the scope of work(change orders) or additional items of work will require re-submission
�! through the state to FEMA and require re-evaluation for compliance with national environmental
policies Additional documentation may be necessary Non-compliance with requirement may
jeopardize receipt of these funds
12 Documentation of certification is required for closeout, including no less than one photo in process and
one final project photo for each reservoir within the project
j 13 Any work outside the scope of the project or expansion of the project to do maintenance,
enhancements,or add capacity is the cost to the city and not eligible as local match
Quarterly Reports
Quarterly reports will cover the previous three months, due the Ir of the following month (or the next work
day). January,April, July and October
The Military Department Agrees To:
1 Provide staff coordination and input regarding grant administration for funding and technical assistance
for project and reviews for hazard mitigation planning and/or mitigation construction projects, as
necessary
' 2 Reimburse the city of Kent within 30 days of receipt and approval of signed, dated invoice vouchers)
(state form A-19), documentation of satisfactory completion of tasks-to-date, and documentation of
costs and ensure any site or final inspections occur
3 Provide the city of Kent Administrative Costs (SGA-1000/a federal funds), based on the final projects
costs,within sixty (60)days of submission of their Hazard Mtigation Plan or project closeout, whichever
is later.
Mffigatwn Grant Agreement Page 6 of 18 City of Kent
E05.106
ATTACHMENT#2
PROJECT DEVELOPMENT SCHEDULE
APPLICANT City of Kent
PROJECT TITLE. City of Kent Reservoirs Seismic Strengthening
Award Date July 12. 2004
DESCRIPTION OFACTMTY/TASK SCHEDULE ESTIMATED ESTIMATED
COMPLETION COST$ %PROJECT
DATE
Submit three signed copies of this
agreement,2 Debarment Forms, 2 October 2004
Signature Authorization Forms, and 2 W-9
Forms admen cost
Preliminary Engineering Report $ 5,700
Design Engineenng (P S.E) $ 74,300
Construction-6 Million Gallon#1 Reservoir $ 65,000 ■
Construction-Reath Road Tank $190,000 i
Construction-Cambridge Tank $250,000
Paint reservoirs following retrofit--coat $ 25,000
retrofitted areas
Project completed and in use, no further August 12,2005
expenditures incurred,including publishing
for any liens.
Quarterly Reports Due on Project Activities, January 15
Final Project Report, signed, will summarize April 15
the project and costs July 15
Administrative Cost October 15
Project Total Costs $610.000
F,S,L
1 W/o
FINAL PAYMENT: Final payment of any remaining or withheld funds will be made upon submission by the
1 Subgrantee (applicant)within 60 days of completion of the project, submission of the final report, an A-19
Voucher with proper documentation, and completion of inspections, as required by the Department Final
payment also may be conditioned upon a financial review, d deemed necessary by the Department
Adjustments to the final payment may be made following any audits conducted by the Washington State
Auddor's Office, the United State's Inspector General,or authorized representative of the Department
l j
1
Mitigation Grant Agreement Page 7 of 16 City of Kent
E06-106
i
' Exhibit A
Washington State Military Department
GENERAL TERMS AND CONDITIONS
A 1 DEFINITIONS
As used throughout this Grant Agreement,the following terms shall have the meaning set forth below
a "Department" shall mean the Washington State Military Department, as a state agency, any
division, section, office, unit or other entity of the Department, or any of the officers or other
1 officials lawfully representing that Department
b. "Applicant" shall mean a state agency, local government, tribal, special purpose districts, or
eligible private nonprofit organization submitting an application to the Govemor's Authored
Representative for assistance under the Hazard Mitigation Grant Program.
c "Grantee" shall mean the government to which a grant is awarded and which is accountable for
the use of the funds provided. The Grantee is an entire legal entity even if only a particular
component of the entity is designated in the grant award document. For the purpose of this
program,the state is the Grantee The Grantee and the Department are one in the same
d. "Subgrantee" shall mean the government or other legal entity to which a subgrant is awarded
and which is accountable to the Grantee for the use of the funds provided. The Subgrantee and
Applicant are one in the same
e. "Project" shall mean the action that is being funded through the Mitigation program Project
could be a construction type grant,or a planning grant
f "CFR" -is defined and used herein to mean the Code of Federal Regulations
' g "OMB"-is defined and used herein to mean the Office of Management and Budget
h. "WAC"-is defined and used herein to mean the Washington Administrative Code
I "RCW"-is defined and used herein to mean the Revised Code of Washington
A 2 RECORDS AND REPORTS
a. The APPLICANT agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the
APPLICANT's contracts, contract administration, and payments, including all direct and indirect
charges, and expenditures in the development and implementation of the project
b The APPLICANT's records related to this Grant Agreement and the project hereunder may be
inspected by the DEPARTMENT or the Director, or their designees, or by designees of the
State Auditor or by federal officials authorized by law, for the purposes of determining
compliance by the APPLICANT with the terms of this Grant Agreement and to determine the
appropriate level of funding to be paid under the subject Grant Agreement
c The records shall be made available by the APPLICANT together with suitable space for such
inspection at any and all times during the APPLICANTS normal working day
d The APPLICANT shall retain all records related to this Grant Agreement and the funded project
for a period of at least six (6) years following completion of payment of the grant under this
Grant Agreement.
A 3 WAIVERS
No conditions or provisions of this Grant Agreement can be waived unless approved by the
DEPARTMENT in writing The DEPARTMENTS failure to insist upon strict performance of any
provision of the Grant Agreement or to exercise any right based upon a breach thereof, or the
acceptance of any performance during such breach, shall not constitute a waiver of any right under this
Grant Agreement.
A 4 AMENDMENTS AND MODIFICATIONS
The APPLICANT or the DEPARTMENT may request, in writing. an amendment or modification of this
I Grant Agreement. However, such amendment or modification shall not take effect until approved, in
writing, by the DEPARTMENT and the APPLICANT Requests for extension, changes in scope of
work, or o ther circumstances m ust be received 90 d ays p nor to t he a nd o f the agreement with f ull
justification provided Any changes must be mutually agreed upon and understood that no alteration or
variation of the terms of this agreement shall be valid unless made in writing and signed by the parties
hereto, and that any oral understanding or agreements not incorporated herein shall not be binding
Mitigation Grant Agreement Page 8 of 18 City of Kent
E05.106
A 5 TERMINATION AND OTHER REMEDIES
a The DEPARTMENT requires strict compliance by the APPLICANT with the terms of this Grant
Agreement i ncluding, b ut n of I irruted to,the requirements of the a pplicable f ederat a nd state
statutes and rules and all policies incorporated by reference in this Grant Agreement, and with
the APPLICANT's representations in its application for a grant as finally approved
b The DEPARTMENT may suspend, or may terminate, the DEPARTMENTs obligation to provide
funding to the APPLICANT under this Grant Agreement if
• There is any breach by the APPLICANT of any of the APPLICANTS obligations under
this Grant Agreement,or
• The APPLICANT fads to make progress satisfactory to the DEPARTMENT toward
completion of the project by the completion date set out in Special Terms and
Conditions,A 2, Grant Agreement Period C, and as outlined in Attachment 2,or
• There is a reduction in funds by the source of those funds, and d such funds are the
basis for this contract Written notice shall be given 30 days prior to any such
termination i
c The APPLICANT understands and agrees that the DEPARTMENT may enforce this Grant
Agreement by the remedy of specific performance, which will mean completion of the project
However, the remedy of specific performance shall not be the sole or exclusive remedy
available to the DEPARTMENT No remedy available to the DEPARTMENT shall be deemed
exclusive The DEPARTMENT may elect to exercise any combination or all of the remedies
available to it under this Grant Agreement, or under any provision of law, common law, or
equity
A 6 APPLICATION REPRESENTATION-MISREPRESENTATION, INACCURACY AND BREACH
The DEPARTMENT relies upon the APPLICANT's application in making its determinations as to
eligibility for, selection for, and scope of funding grants Any misrepresentation, error or inaccuracy in
any part of the application shall be deemed a breach of this Grant Agreement
A 7 COMPLIANCE WITH APPLICABLE STATUTES RULES AND DEPARTMENT POLICIES
This Mitigation grant shah be governed by, and the APPLICANT shall comply with, all applicable
provisions of state and federal laws including but not limited to the RCW, WAC, CFR, OMB and policies
and guidelines,which are incorporated herein by this reference or fully set forth
A 8 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant
Agreement and gives no right to any other party No joint venture or partnership is formed as a result of
this Grant Agreement
The APPLICANT, its successors or assigns, will protect, save and hold harmless the DEPARTMENT
and the State of Washington and their authorized agents and employees, from all claims, actions,
costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the
APPLICANT, i is is ubcontractors, a ssigns, agents,contractors, I icensees, i nvitees,a mployees or a ny
person whomsoever ansing out of or in connection with any acts or activities authorized by this Grant
Agreement
The APPLICANT further agrees to defend the DEPARTMENT and the State of Washington and their
authorized agents and employees in any litigation; including payment of any costs or attomeys'fees for
any claims or action commenced thereon ansing out of or in connection with acts or activities
authorized by this Grant Agreement This obligation shall not include such claims, costs, damages or
expenses which may be caused by the sole negligence of the DEPARTMENT or the State of
Washington or their authorized agents or employees, provided, that if the claims or damages are
caused by or result from the concurrent negligence of (1) the DEPARTMENT and the State of
Washington and their agents or employees, and (2) the APPLICANT, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the
APPLICANT,or APPLICANTs agents or employees
A 9 ACKNOWLEDGMENTS
The APPLICANT shall include language which acknowledges the funding contribution of the
DEPARTMENT and the Federal Emergency Management Agency(FEMA)to this project in any release
or other publication developed or modified for, or referring to,the project
Mitigation Grant Agreement Pape 9 of 18 City of Kerd
E05.108
A 1O INDEPENDENT CONTRACTOR STATUS OF APPLICANT
The APPLICANT and the APPLICANTS officers, employees and agents shall perform all obligations
under this Grant Agreement as an independent contractor and not in any manner as officers or
employees or agents of the DEPARTMENT. Herein all references to the APPLICANT shall include its
officers, employees and agents The DEPARTMENT shall not withhold or pay taxes, msurance, or
deductions of any kind
All NONDISCRIMINATION
The APPLICANT shall comply with all applicable federal and state non-discrimination laws,regulations,
and policies. No person shall, on the grounds of age, race, creed, color, sex, religion, national origin,
residence, mantal status, or disability (physical, mental, or sensory) be denied the benefits of, or
otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in
part, under this Grant Agreement A violation of this provision is a material breach and cause for
termination under Section B.5 of this Agreement.
A 12 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES(MWBE)
The APPLICANT is encouraged to utilize business firms that are certified as minority-owned and/or
women-owned in carrying out the purposes of this Grant Agreement The APPLICANT may set
utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals,
as identified in WAC 326-30-03901
A 13 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT, no member, officer, or employee of the APPLICANT or
its designees or agents, no member of the governing body of the jurisdiction in which the project is
undertaken or located, and no other official of such locality or localities who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gam or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof,for work to be
performed in connection with the project assisted under this Grant Agreement The APPLICANT shall
incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such
interest pursuant to this provision
A 14 VENUE
This Grant Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington In the event of a lawsuit involving this Grant Agreement, venue shall be proper only in
Thurston County Superior Court The Applicant, by execution of this Grant Agreement acknowledges
the jurisdiction of the courts of the State of Washington
In the cases where this Grant Agreement is between the Department and a federally recognized Indian
Tribe, the following Govemmg LawNenue applies.
a The State of Washington agrees that it shall inflate any lawsuit against a federally recognized
Indian Tribe arising out of or relating to the performance, breach or enforcement of this Grant
Agreement in Federal Court Interpretation shall be according to the law of the State of
Washington In the event that the Federal Court determines that it lacks subject matter jurisdiction
to resolve the dispute between the State and the Tribal Party, then the parties agree to venue in
Thurston County Superior Court, but the parties agree that the matter shall not be pursued in
Superior Court unless there is a Federal Court determination that it lacks subject matter junsdiction
A 15 OWNERSHIP OF PROJECTiCAP1TAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed
with funds under this Grant Agreement, and by this grant of funds does not and will not acquire any
ownership interest or title to such property of the APPLICANT The APPLICANT shall assume all
liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT
and the state of Washington harmless from any and all causes of action arising from the ownership and
operation of the project.
A 16 SEVERABILITY
If any court of rightful junsdiction holds any provision under this Grant Agreement or its application to
any person or circumstances invalid, this invalidity does not affect other provisions of the Grant
Agreement,which can be given effect without the invalid provision
Mitigabon Grant Agreemsrd Page 10 of 18 City of Kent
E05-106
A 17 RECAPTURE PROVISION '
In the event the APPLICANT fails to expend funds in accordance with state law and/or the provision of
the Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount equivalent
to the extent of noncompliance Such right of recapture shall exist for the life of the project following
agreement termination Repayment by the APPLICANT of funds under this recapture provision shall
occur within 30 days of demand In the event the DEPARTMENT is required to institute legal
proceeding to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof,
including attomeys'fee
A 18 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot
issue
A 19 NOTICES
The APPLICANT shall comply with all public notices or notices to individuals required by applicable
state and federal laws and shall maintain a record of this compliance
A 20 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant Agreement shall not be used in payment of any bonus or
commission for the purpose of obtaining approval of the application for such assistance or any other
approval or concurrence under this Grant Agreement provided, however, that reasonable fees or bona
fide technical consultant, managerial, or other such services, other than actual solicitation, are not
hereby prohibited if otherwise eligible as project costs
A 21 RESPONSIBILITY FOR PROJECT
While the DEPARTMENT undertakes to assist the APPLICANT with the project by providing grant
funds pursuant to this Grant Agreement, the project itself remains the sole responsibility of the
APPLICANT The DEPARTMENT undertakes no responsibility to the APPLICANT, or to any third
party, other than as is expressly set out in this Grant Agreement. The responsibility for the design,
development, construction, implementation, operation and maintenance of the project, as those phases
are applicable to this project, is solely that of the APPLICANT, as is responsibility for any claim or suit
of any nature by any third party related in any way to the project
The APPLICANT shall defend at its own cost any and all claims or suits at law or in equity which may
be brought against the APPLICANT in connection with the project The APPLICANT shall not look to
the DEPARTMENT, or state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including but not limited to cost of defense
and/or attorneys'fees, in connection with any claim or lawsuit brought by any third party related in any
design, development, construction, implementation, operation and/or maintenance.
A 22 HAZARDOUS SUBSTANCES
The APPLICANT shall inspect and investigate the proposed development/construction site for the
presence of hazardous substances. The APPLICANT shall fully disclose to the DEPARTMENT the
results of its inspection and investigation and all other knowledge the APPLICANT has as to the
presence of any hazardous substances at the proposed development/oonstruction project site The
APPLICANT will be-responsible for any associated dean-up costs as a result of the inspections The
DEPARTMENT may suspend, or terminate the DEPARTMENTs obligations as referenced in Section
A 5, if it is determined that the project is no longer cost effective as required by FEMA guidelines
"Hazardous Substances"means"Hazardous Substances"as defined In RCW 70 105D 020(5)
A 23 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
(OSHANVISHA)
The APPLICANT represents and warrants that its work place does now or will meet all applicable
federal and state safety and health regulations that are in effect during the APPLICANT's performance
under this Grant Agreement The APPLICANT further agrees to indemnify and hold harmless the
DEPARTMENT and its employees and agents from all liability, damages and costs of any nature,
including but not limited to, costs of suits and attorneys'fees assessed against the DEPARTMENT,as
a result of the failure of the APPLICANT to so comply
Mibgabon Grant Agreement Pace i i of 16 City of Kent
E05-106
A 24 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,OR INELIGIBILITY
If federal funds are the basis for this grant, the APPLICANT certifies that the APPLICANT is not
presently d ebarred,s uspended, p roposed for debarment, d eclared i ineligible, or voluntarily excluded
from participating in this grant by any federal department or agency. If requested by Washington
Military Department, the APPLICANT shall complete and sign a Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion form Any such form completed by the APPLICANT
for this grant shalt be incorporated into this grant by reference.
Further, the APPLICANT agrees not to enter into any arrangements or contracts related to this grant
with a ny p arty that i s o n t he"General S ervlce Administration L ist of P arties E xcluded f rom F ederal
Procurement or Non-procurement Programs"
A 25 PRIVACY
' Personal information collected, used or acquired in connection with this agreement shall be used solely
for the purposes of this agreement. APPLICANT and its subcontractors agree not to release, divulge,
publish, transfer, sell or otherwise make known to unauthorized persons personal information without
the express written consent of the Department or as provided by law. APPLICANT agrees to
implement physical, electronic and managerial safeguards to prevent unauthorized access to personal
information.
' The Department reserves the right to monitor, audit, or investigate the use of personal information
collected, used or acquired by the APPLICANT through this contract The monitoring, auditing or
investigating may include but is not limited to `salting" by the Department APPLICANT shall certify
return or destruction of all personal information upon expiration of this contract Salting is the act of
placing a record containing unique but false information in a database that can be used later to identify
inappropriate disclosure of data contained in the database
1 Any breach of this provision may result in termination of the contract and the demand for return of all
personal information The APPLICANT agrees to indemrufy and hold harmless the Department for any
damages related to the APPLICANTS unauthorized use of personal information
' For purposes of this provision, personal information includes, but is not limited to, information
identifiable to an individual that relates to a natural person's health, finances, education, business, use
or receipt of governmental services, or other activities, names, addresses, telephone numbers, social
security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers
and other identifying numbers
tMrogation Grant Agreement Page 12 of 16 City of Kent
E05.106
Exhibit B
Washington State Military Department
• FEDERAL AND STATE REQUIREMENTS AND ASSURANCES
B 1 STATE AND FEDERAL LAWS TO BE OBSERVED
The APPLICANT must comply with state and federal law in performing all tasks undertaken with
respect to this Grant Agreement The following sections are set forth for informational purposes, and
do not constitute a representation by the DEPARTMENT that they constitute all relevant laws it is the
APPLICANT's responsibility to comply with all laws, and reliance upon the brief description provided in
this contract shall not create any liability on behalf of the DEPARTMENT
B 2 PUBLIC LAW 88-352, TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (42 U S C 2000d et seo ) (24 ,
CFR Part 1)
The APPLICANT must comply with the provisions of"Public Law 88-352,"which refers to Title VI of the
Civil Rights Act of 1964 (42 U S C. 2000d et seq ) The law provides that no person in the United
States shall, on the grounds of race, color or national ongin, be denied the benefits of, be excluded
from participation in, or be subjected to discrimination under any program or activity receiving federal
financial assistance
B 3 SECTION 504 OF THE REHABILITATION ACT, 1973.AS AMENDED (29 U S C 7941 ,
The APPLICANT must comply with Section 504 of the Rehabilitation Act of 1973, as amended, which
provides that no otherwise qualified individual shall, solely by reason of his or her disability, be
excluded from participation (including employment), denied program benefits or be subjected to
discrimination under any program or activity receiving federal assistance funds
B 4 AMERICANS WITH DISABILITIES ACT(42 US C 12101.et sea ) '
The APPLICANT shall comply with the provisions of the Americans with Disabilities Act, 42 U S C
12101, et. seq That Act provides a comprehensive national mandate to eliminate discrimination
against individuals month disabilities The Act may impose requirements on the APPLICANT in four j
principle ways* 1)with respect to employment;2)with respect to the provision of public seances, 3)with
respect to transportation;and 4)with respect to existing faaldies and new construction.
B 5 COPELAND ACT (Anti-)(Ickback Act) (40 U S C 276c)
The APPLICANT shall comply with the Copeland Act,which makes it a criminal offense for any person
to induce, by any manner whatsoever, any other person employed in the construction, prosecution,
completion, or repair of any public building, or work financed in whole or in part by loans or grants from
the United States, to give up any part of the compensation to which he or she is entitled under his or
her contract of employment Compensation shall consist of wages and approved fringe benefits.
B 6 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT(40 U S C 327, et seq ) l
The APPLICANT shall comply with the provisions of the Contract Work Hours and Safety Standards
Act According to this Act, no contract work may involve or require laborers or mechanics to work in
excess of 40 hours in a work week, unless compensation of not less than one and one-half times the
basic rate is paid for the overtime hours. If the Act is violated, the APPLICANT or subcontractor is
liable to any affected employee for unpaid damages as well as to the United States for liquidated
damages These requirements apply to rehabilitation of residential property only h such property is
designed for residential use for eight or more families.
B 7 THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (NEPA) (42 U S C Section 4321and 24
CFR Part 58, et sea )
The APPLICANT shall comply with the provisions of the National Environmental Policy Act of 1969
The purpose of this Act is to attain the widest use of the environment without degradation, risk to health
or safety, or other undesirable and unintended consequences Environmental review procedures,
including determining and publishing a Finding of Significance or of No Significance for a proposal, are
a necessary part of this process Pursuant to these provisions, the APPLICANT must also submit
environmental certifications to the DEPARTMENT when requesting that funds be released for the
Mitigation Grant Agreerriant Pape 13 of 18 City of Kern
E05-106 '
project The APPLICANT must certify that the proposed project will not significantly impact the
environment and that the APPLICANT has complied with environmental regulations and fulfilled its
• obligations to give public notice of the funding request, environmental findings and compliance
performance.
B 8 THE CLEAN AIR ACT AS AMENDED(42 U S C 7401, as amended, et sea)
The APPLICANT shall comply with the Clean Air Act, which prohibits (1)engaging in, (2) supporting in
any way or providing financial assistance for, (3) licensing or permitting, or (4) approving any activity
which does not conform to the state implementation plan for natural primary and secondary ambient air
quality standards The APPLICANT shall ensure that the facilities under its ownership, lease or
supervision which shall be utilized in the accomplishment of the program are not listed on the U S
Environmental Protection Agencys (EPA) list of Violating Facilities and that it will notify the Agency of
1 the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that
a facility to be used in the project is under consideration for listing by EPA
B 9 EXECUTIVE ORDER 11990, MAY 24, 1977 PROTECTION OF WETLANDS (42 F R 26961, et seo )
The APPLICANT shall comply with Executive Order 11990. The intent of this Executive Order is (1)to
avoid, to the extent possible, adverse impacts associated with the destruction or modification of
wetland, and (2) to avoid direct or indirect support of new construction in wetlands wherever there is a
practical alternative
The APPLICANT, to the extent permitted by law, must avoid undertaking or providing assistance for
new construction located in wetlands unless (1) there is no practical alternative to such construction,
and (2) the proposed action includes all practical measures to minimize harm to wetlands which may
result from such use In making this determination, the APPLICANT may take into account economic,
environmental and other pertinent factors
1310 EXECUTIVE ORDER 119,38, MAY 24. 1977• FLOODPLAIN MANAGEMENT(42 F R 26951,et sea)
The APPLICANT shall comply with the provisions of Executive Order 11988 The intent of this
Executive Order is to (1) avoid, to the extent possible, adverse impacts associated with the occupancy
and modification of floodpiains, and (2) avoid direct or indirect support of floodplain development
wherever there is a practical alternative If the APPLICANT proposes to conduct, support or allow an
action to be located in a floodplain, the APPLICANT must consider alternatives to avoid adverse effects
and incompatible involvement in the floodplain If siting in a floodptain is the only practical alternative,
the APPLICANT must, prior to taking any action (1) design or modify its actions in order to minimize
any potential harm to the floodplain, and (2) prepare and circulate a notice containing an explanation of
why the action is proposed to be located in a floodplain
B 11 THE WILD AND SCENIC RIVERS ACT OF 1968, AS AMENDED (16 U S.0 1271 et seo )
The APPLICANT shall comply with the Wild and Scenic Rivers Act, as amended. The purpose of this
Act is to preserve selected rivers or sections of rivers in their free-flowing condition, to protect the water
quality of such rivers and to fulfill other vital national conservation goals. Federal assistance by loan,
grant, license, or other mechanism cannot be provided to water resources construction projects that
would have a direct and adverse effect on any river included or designated for study or inclusion in the
National Wild and Scenic River System.
B 12 COASTAL ZONE MANAGEMENT ACT OF 1972 AS AMENDED (16 U S C 1451 et sea )
The APPLICANT shall comply with the Coastal Zone Management Act of 1972, as amended The
intent of this Act m to preserve, protect,develop, and where possible, restore or enhance the resources
of the nabon's coastal zone. Federal agencies cannot approve assistance for proposed projects that
are inconsistent with the state's Coastal Zone Management program except upon a finding by the U S
Secretary of Commerce that such a project is consistent with the purpose of this chapter or necessary
in the interests of national security
B 13 THE ENDANGERED SPECIES ACT OF 1973 AS AMENDED (16 U S C 1531 et sea )
The APPLICANT shall comply with the Endangered Species Act of 1973, as amended The intent of
this A ct i s to a nsure that a A f ederally a ssisted projects s eek to p reserve a ndangered o r t hreatened
Mitigation Grant Agreement Page 14 of 18 Gty of Kent
EOS-106
species. Federally authorized and funded projects must not jeopardize the continued existence of
endangered and threatened species or result in the destruction of or modification of habitat of such
• species which is detemuned by the U S Department of the Interior, after consultation with the state, to
be critical.
B 14 THE RESERVOIR SALVAGE ACT OF 1960, AS AMENDED BY THE ARCHAEOLOGICAL AND
HISTORIC PRESERVATION ACT OF 1974(16 U S C 469, at sea )
Under the Reservoir Salvage Act, as amended, the APPLICANT must comply with provisions for the
preservation of historical and archaeological data (including relics and specimens)that night otherwise
be irreparably lost or destroyed as a result of any alteration of the terrain caused as a result of any
federal construction project or federally licensed activity or program. Whenever the APPLICANT finds.
or is notified in writing by an appropriate historical or archaeological authority, that its activities in
connection with any federal funded construction project or federally licensed project, activity or program
may cause irreparable loss or destruction of significant scientific, prehistoric, historical or archaeological
data, the APPLICANT must notify the U S Secretary of Interior in writing and provide appropriate
information concerning the project or program activity
B 15 THE ARCHAEOLOGICAL AND HISTORICAL DATA PRESERVATION ACT OF 1974(16 U S C 469 a-
1 et se
The APPLICANT shall comply with the Archaeological and Historical Data Preservation Act, which
provides for the preservation of historic and archaeological information that would be lost due to
development and construction activities as a result of federally funded activities
B 16 THE SAFE DRINKING WATER ACT OF 1974, AS AMENDED (42 U S C Section 201, 300(f) et sea .
and U S C. Section 349)
The APPLICANT must comply with the Safe Drinking Water Act, as amended, which is intended to
protect underground sources of water No commitment for federal financial assistance, according to
this Act, shall be entered into for any project, which the U S Environmental Protection Agency
determines,may contaminate an aquifer that is the sole or principal drinking water source for an area
B 17 THE FEDERAL WATER POLLUTION CONTROL ACT OF 1972, AS AMENDED, INCLUDING THE
CLEAR WATER ACT OF 1977, PUBLIC LAW 92-212(33 U S C SECTION 1251 at sea )
The APPLICANT must assure compliance with the Water Pollution Control Act, as amended, which
provides for the restoration of chemical, physical and biological integrity of the nation's water
B 18 THE SOLID WASTE DISPOSAL ACT AS AMENDED BY THE RESOURCE CONSERVATION AND
RECOVERY ACT OF 1976(42 U S C SECTION 6901 et sea
The APPLICANT must assure compliance with the Solid Waste Disposal Act, as amended The
purpose of this Act is to promote the protection of health and the environment and to conserve valuable
material and energy resources
B 19 THE FISH AND WILDLIFE COORDINATION ACT OF 1958, AS AMENDED (16 U S C SECTION 661
et leg.)
The APPLICANT must assure compliance with the Fish and Wildlife Coordination Act, as amended
The Act assures that wildlife conservation receives equal consideration and is coordinated with other
features of water resources devekxpment programs
B 20 US OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-133, AUDITS OF STATE, LOCAL
GOVERNMENTS AND NON-PROFIT ORGANIZATIONS (INCLUDING ALL AMENDMENTS)
Non-federal grantees receiving financial assistance of $500,000 or more in federal funds from all i
sources, d erect a nd i ndirect, a re required to have a s ingle or a p rogram-spec a udit conducted i n
accordance Anth the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local
Govemments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending
after December 31, 2003) Non-federal entities that spend less than $500,000 a year in federal awards
are exempt from federal audit requirements for that year, except as noted in Circular No. A-133
Circular A-133 available on the OMB Home Page at htto 11www omb aov and then select `Grants
Management*followed by"Circulars"
Mitigation Grant Agreement Page 15 of 18 City of Kent
E05-106
APPLICANTS required to have an audit must ensure the audit is performed in accordance with
•• Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the Revised Yellow
Book) developed by the Comptroller General and the OMB Compliance Supplement.
The APPLICANT has the responsibility of notifying the State Auditor's Office and requesting an audit
Costs of the audit may be an allowable grant expenditure
The APPLICANT shall maintain records and accounts so as to facilitate the audit requirement and shall
ensure that any subcontractors also maintain aud►table records
The APPLICANT is responsible for any audit exceptions incurred by its own organization or that of its
subcontractors Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report The APPLICANT must respond to Department requests
for information or corrective action concerning audit issues within 30 days of the date of request The
Department reserves the right to recover from the APPLICANT all disallowed costs resulting from the
audit
Once the single audit has been completed, the APPLICANT must send a full copy of the audit to the
Department and a letter stating there were no findings or if there were findings,the letter should provide
a list of the findings. The APPLICANT must send the audit and the letter no later than nine (9) months
after the end of the APPLICANT's fiscal year(s)to-
Accounting Manager
Washington Military Department
Finance Division,Building*1 TA-20
Camp Murray,WA 98430-W32
L In addition to sending a copy of the audit, the APPLICANT must include a corrective action plan for any
audit findings and a copy of the management letter if one was received
The APPLICANT shall include the above audit requirements in any subcontracts.
821 PREVAILING WAGES ON PUBLIC WORKS. CHAPTER 39.12 RCW
The APPLICANT shall comply with the provisions of Chapter 39 12 RCW, Prevailing Wages on Public
Works This statute mandates that the prevailing rate of wage, as determined by the state Department
of Labor and Industries, be paid to workers performing under public works contracts
822 RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICY, CHAPTER 8 26 RCW
The APPLICANT s hall comply w ith the p rovisions of C hapter 8 26 R CW and C hapter 365-24 WAC
when its activities involve any acquisition of real properly assisted under this Grant Agreement or the
displacement of any family, individual, business, nonprofit organization or farm that results from such
acquisition.
823 NOISE CONTROL.CHAPTER 70107 RCW
The APPLICANT shall assure compliance with the state Noise Control Act Objectives of the Act are to
assist local governments in implementing local noise ordinances and to control and reduce excessive
noise in Washington
B 24 STATE ENVIRONMENTAL POLICY ACT(SEPA). CHAPTER 43 21 (C) RCW
The APPLICANT shall comply with the provisions of Chapter 43 21(C)RCW and Chapter 197-11 WAC,
the guidelines by which local agencies will (1) require environmental checklists from private and public
entities considering an action potentially subject to the Environmental impact Statement (EIS)
requirement of SEPA, (2) make "threshold detemunations" that such an action will not have a
significant environmental impact, (3)provide for the preparation of a draft and final EIS I the action has
significant impact,and (4) circulate the EIS to other agencies and interested parties
B.25 SHORELINE MANAGEMENT ACT OF 1971 CHAPTER 90.58 RCW
The APPLICANT shall comply with the provisions of Chapter 90 58 RCW This Act defines a planning
program and a permit system, which are initiated at the local government level under state guidance.
Its purpose is to protect and enhance the state's shoreline and it includes a comprehensive shoreline
inventory process and a master program for regulation of shoreline uses
Mitigation Grant Agreement Page 16 of 18 City of Kent
E05-106
A permit application at the local level must be in compliance with those plans and consistent with the
state Coastal Zone Management program 9 substantial developments and shoreline modifications
• occur, and a record of the application and decision must be submitted to the state.
B 26 STATE BUILDING CODg. CHAPTER 1927 RCW. ENERGY RELATED BUILDING STANDARDS,
CHAPTER 19 27A RCW, AND PROVISIONS IN BUILDINGS FOR AGED AND HANDICAPPED
PERSONS. CHAPTER 70 92 RCW
The APPLICANT shall comply with the provisions of Chapter 19 27 RCW, Chapter 19 27A RCW,
Chapter 70 92 RCW and regulations for bamer free facilities adopted by the Washington State Building '
Code Council pursuant to these statutes.
The State Budding Code Act provides for a uniform state building code and mandates counties, cities
and towns to administer and enforce its provisions Local governments are authorized to modrfy the
state building code to fit kcal conditions as long as such modrf'ications do not result in a code that is
less than the minimum performance standards and objectives contained in the state code.
B 27 OPEN PUBLIC MEETINGS ACT. CHAPTER 42 30 RCW
The APPLICANT shall comply with provisions of Chapter 42 30 RCW which require that all meetings of
the governing body which pertain to this Grant Agreement shall be open to the public except those
where specific provision is made for executive sessions pursuant to RCW 42 30110
B 28 LAW AGAINST DISCRIMINATION, CHAPTER 49 60 RCW
The APPLICANT shall comply with the provisions of Chapter 49 60 RCW in all activities relating to this
Grant Agreement
B 29 INTERLOCAL COOPERATION ACT, CHAPTER 39 34 RCW
The Interlocal Cooperation Act establishes as state policy the authority for local governments, including
special purpose districts and Indian tribes, to enter into agreements for providing a broad spectrum of
cooperative services Local governments undertaking joint community development projects can use
this Act as a means for establishing interlocal agreements
B 30 GOVERNOR'S EXECUTIVE ORDER 89-10. DECEMBER 11, 1989 PROTECTION OF WETLANDS,
AND GOVERNOR'S EXECUTIVE ORDER 90-04,APRIL 21, 1990 PROTECTION OF WETLANDS
The A PPLICANT s hall a nsure t hat r t a voids a ny a cfivities t hat w ould a dversely a ifect w etlands a nd
adequately mitigates unavoidable impacts. For the purposes of this requirement, except where a
contrary definition is provided by statute, mitigation means- (1) avoiding the impact altogether by not
taking certain action or part of an action, (2) minimizing impacts by limiting the degree or magnitude of
the action and its implementation, by using appropriate technology, or by taking affirmative steps to
avoid or reduce impacts, (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
environment, (4) reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the action; (5) compensating for the impact by replacing, enhancing, or
providing substitute resources or environments, and (6) monitoring the impact and taking appropriate
corrective measures
Mitigation for individual actions may include a combination of the above measures Mitigation may not
include any of the above measures to the extent that these may be contrary to statute as applied under
the particular circumstances Emergency work that is essential to save lives and protect property and
public health is exempt from these provisions
Mitigation Grant
Agreement Page 17 Of 18 Gty of Kent
Epr106
Certifications and Assurances Document
City of Kent Reservoirs Seismic Strengthening
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As of August 2004
Jim Schneider, Fire Chief, Applicant Agent
Pat Pawlak, Alternate Applicant Agent
Mitigation Grant Agreement Page 18 of 18 city of Kent
EOS-106
Kent City Council Meeting
Date October 19, 2004
Category Other Business
1. SUBJECT: DEAL REZONE
2. SUMMARY STATEMENT: .Thi&+egm&t4�y Louis and Linda Deal rezone
1.07 acres of property from MR-D, Duplex Multifamily Residential District, to
MR-T16, Multifamily Residential Townhouse District.
The Kent Hearing Examiner held a Public Hearing on
September 15, 2004, and issuedKFindings, Conclusions and Recommendation for
approval on September 22, 2004. -
>��
a3. EXHIBITS: Staff report with map and Hearing Examiner Findings, onclusions
and Recommendation
4. RECOMMENDED BY: Hearin Examiner
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes N
If no:
Unbudgeted Expense: Fund Amount S
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember [�AAIL moveQLev :..mirt a seconds
to accept4ejeet* the Findings, Conclusions and Recommendation of the Hearing
1 Examiner on the Deal Rezone and to direct the City Attorney to prepare the necessary
ordinance. W Al
DISCUSSION: CA�co,
ACTION:
Council Agenda
EItem No. 7A
' COMMUNITY DEVELOPMENT
Fred N. Satterstrom, Director
PLANNING SERVICES
Charlene Anderson,AICP,Manager
KENT Phone 253-856-5454
WASHINGTON 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 15, 2004
FILE NO: Deal Rezone
1 #RZ-2004-2 KIVA#2042122
APPLICANT' Louis and Linda Deal
302 Summit Ave N
Kent, WA 98031
REQUEST: A request to rezone 1.07 acres of property from
MR-D, Duplex Multifamily Residential District to
MR-T16, Multifamily Residential Townhouse District
STAFF
REPRESENTATIVE Chris Hankins, Planner
STAFF
RECOMMENDATION APPROVAL
I GENERAL INFORMATION
A Description of the Proposal
The applicant proposes to rezone 1 07 acres from the current zoning of MR-D
Duplex Residential District to MR-T16 Multifamily Residential Townhouse District.
There is no development proposed for the subject property at this time
B. Location
The property is located at 302 Summit Avenue N, and is identified by King
County tax parcel number#192205909208.
C. Size of Property
The property consists of a 1 07 acre parcel
Staff Report ,
Deal Rezone
#RZ-2004-2 KIVA#2042122 '
D. Zoninq ,
The property is zoned MR-D Duplex Residential District. Properties to the north,
south, and east are zoned MR-M Medium Density Multifamily Residential District
and are currently developed with condominiums and apartments. Properties to '
the west across Summit Avenue N. are zoned SR-6 Single Family Residential
and are predominately developed with a mixture of detached single family
residences and a duplex. ,
The KCC provides that certain zoning is required to be in existence on the
property proposed to be rezoned at the time of application for a rezone to an MR- '
T zone. The MR-D designation is among the required zones for which a rezone
to MR-T is allowed. KCC 15.04.030(19). The purpose of the MR-T16 zone is "to
provide suitable locations for low to medium density multifamily residential ,
development where home ownership is encouraged consistent with the
comprehensive plan." KCC 15.03.010.
E. Land Use
The 1.07 acre site is currently developed with a detached single-family residence ,
and a triplex condominium. Currently, the property is designated as Low Density
Multifamily in accordance with The City of Kent Comprehensive Plan which
supports up to 16 dwelling units per acre
F. History
The property is part of the original townsite of the City of Kent established in
1889.
II ENVIRONMENTAL CONSIDERATIONS ,
A. Environmental Assessment
A Determination of Nonsignificance (#ENV-2004-35)for the rezone proposal was ,
issued on August 17, 2004. Subsequent development proposals for the
proposed property will require additional environmental review in conjunction with '
construction permits, and other appropriate project permit applications.
B. Significant Physical Features
Topography. Wetlands and Vegetation '
The s ite i s d escribed a s a g ently s loped p roperty a veraging a pproximately s ix '
percent from east to west. There are no known surface water bodies on the site,
and the site is not located within a 100-year flood plain. The proposed project is
located in the Mill Creek watershed, which flows into the Green River. The
vegetation on site consists of mature evergreen and deciduous trees and grass.
Page 2 of 9
I Staff Report
Deal Rezone
#RZ-2004-2 KIVA#2042122
C. Significant Social Features
j1, Street System
The subject property has frontage on Summit Avenue N. As a non-
project rezone application this proposal will not create any transportation
impacts at this time. However, by rezoning the property to MRT-16
Multifamily Residential, future development of the property could generate
more daily and PM peak hour trips upon the City's street system than
what is permitted under the existing zoning designation of MR-D Duplex
Multifamily Residential. To mitigate for these impacts, upon development
the applicant will be required to contribute environmental mitigation fees
for the additional or increased PM Peak Hour Trips and provide street
system improvements as determined necessary.
2. Water System
The site receives water service from the City of Kent At the time of
development, the applicant will be required to extend the public water
main as required by the Department of Public Works (or other licensed
franchise holder as applicable) to serve the subject development
3 Sanitary Sewer System
The s ite r eceives s anitary s ewer s ervice f rom t he C ity o f K ent. A t t he
time of development, the applicant will be required to extend the public
sanitary sewer main as required by the Department of Public Works (or
other licensed franchise holder as applicable) to serve the subject
development.
4. Stormwater System
A stormwater system will be necessary to accommodate any subsequent
development. The developer will be required to complete a drainage
analysis and develop and submit drainage plans prepared in accordance
with the 2002 City of Kent Surface Water Design Manual and the 1998
LKing County Surface Water Design Manual.
D. CONSISTENCY ANALYSIS
The proposed rezone is consistent with the goals and policies of the City of Kent
Comprehensive Plan.
Page 3 of 9
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#RZ-2004-2 KIVA#2042122 '
III. CONSULTED DEPARTMENTS AND AGENCIES
The following departments and agencies were advised of this application: ,
Police Department Economic Develop. Manager
Director of Public Works Fire Chief ,
Parks & Recreation Director City Clerk
City Attorney Kent School District
U.S. Postmaster WA Dept. of Ecology
K. C. Wastewater Treatment King Co. Transit Division
Puget Sound Energy King Co. Environmental Health
Qwest '
In addition to the above, all persons owning property which lies within 300 feet of the site
were notified of the application and of the public hearing. A Notice of Application was ,
posted on the site and published in the King County Journal on July 26, 2004. No
comments have been received in regards to this application.
IV. PLANNING SERVICES REVIEW
A. Comprehensive Plan
In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which
represented a complete revision to the City's 1977 comprehensive plan. The
1995 plan was prepared under the provisions of the Washington State Growth
Management Act. The Comprehensive Plan, through its goals and policies,
presents a clear expression of the City's vision of growth for citizens, the
development c ommurnty, a nd o ther p ublic a geneses. T he p Ian i s u sed b y t he ,
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.
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 Low Density Multifamily, which allows sixteen 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. ,
Page 4 of 9 ,
Staff Report
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1 Goal LU-8: The City of Kent adopts a 20-year housing target of 7,500 new
dwelling units within the existing city limits Coordinate with King County through
I an interlocal agreement on housing targets in the unincorporated area within
Kent's Potential Annexation Area.
Policy LU-8.1: Provide in the land use plan adequate land and densities to
accommodate both city and county housing targets within the Potential
Annexation Area Average net residential densities throughout the Potential
Annexation Area should be at least four u nits p er a cre in order to adequately
support urban services.
Policy LU-8 3: Locate 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.
Policy LU-9.2: Allow and encourage a variety of multifamily housing
forms, such as townhouses, residences above businesses, triplexes and
fourplexes, duplexes, and attached single-family units in multifamily districts and
designated commercial areas.
Planning Services Comment:
1 The goals and policies of the land use element support the proposed rezone. The
proposed location is easily served by existing urban services and is in convenient
proximity to urban services along Kent Kangley Road and SE 240`h Street. Also,
I the proposed rezone is consistent with the Land Use Plan Map which allows up
to sixteen dwelling units per acre If the proposed rezone is approved, the
applicant intends to market the site to be developed with multifamily
condominium units providing additional housing options and home ownership
opportunities within the City of Kent. If not developed as condominium
■ townhouse units, the MR-T16 zoning district supports a variety of residential uses
including townhouses, duplexes and single family dwellings with flexible
development standards.
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.
Page 5 of 9
11
Staff Report
Deal Rezone '
#RZ-2004-2 KIVA#2042122 '
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.
Goal H-2: Provide sufficient, diverse, and affordable housing for the existing
and protected population of Kent.
Policy H-2.1. Promote a wide range of housing to meet the needs of our diverse ,
population and ensure that this housing is available throughout the community for
people of all income levels and special needs.
Policy H-2 2: Provide a sufficient amount of land zoned for current and
protected residential needs, including, but not limited to, assisted housing,
housing for low-income households, single-family housing, small lot sizes,
townhouses, multifamily housing, manufactured housing, group homes, and
foster care facilities.
Goal H-4: Expand h ome ownership opportunities for a II 1 ncome groups via
land use regulations, financial strategies, and the removal of barriers to lending.
Policy H-4.1• R evise zoning a nd d evelopment s tandards to facilitate small I of
sizes, manufactured housing on single-family lots, townhouses, condominiums,
clustering, and other options which increase the supply of affordable home '
ownership opportunities.
Planning Services Comment ,
The proposed rezone is supported by relevant goals and policies of the housing
element. Appropriate services, including, but not limited to, fire, police, medical
services, neighborhood shopping and child care are easily accessible to
neighborhood residents upon development of the subject property.
The City has implemented tools such as the MR-T16 zoning district to provide
sufficient, diverse, and affordable housing for the existing and projected
population of Kent. The MR-T16 zone allows home ownership to be realized in ,
areas that are more likely not to redevelop as single-family detached unit
subdivisions for various reasons (economic factors, marketability, surrounding
land uses). The MR-T16 zone would allow for the clustering of housing units,
which is known to increase the supply of affordable home ownership
opportunities.
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. '
Page 6 of 9 '
Staff Report
Deal Rezone
#RZ-2004-2 KIVA#2042122
Policy TR-1.2: Coordinate new commercial and residential development in Kent
with transportation projects to improve affected roadways.
iPolicy TR-1.5. Ensure consistency between land use and transportation plans so
that land use and adjacent transportation facilities are compatible.
tPlanning 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 Low Density Multifamily Residential. If developed in the future, the
property will take access from Summit Avenue N. Although Summit Avenue is
not currently constructed to the City's standards as a local residential street,
street system improvements would be required upon development of the
property.
B. Standards and 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
1. The proposed rezone is consistent with the Comprehensive Plan.
' Planning Services Comment
The Comprehensive Plan Land Use Plan Map designates the subject property as
Low Density Multifamily Residential, which allows up to sixteen units per acre. A
rezone of the site from MR-D Duplex Multifamily Residential to MRT-16
Multifamily Residential Townhouse will allow residential development up to
sixteen units per acre, which is also allowed under the Comprehensive Plan. As
previously mentioned, the proposed rezone is also consistent with the applicable
goals and policies of the Comprehensive Plan.
2. The proposed rezone and subsequent development of the site would
be compatible with development in the vicinity.
Planning Services Comment
The proposed rezone and subsequent development of the site would be
compatible and integrate well with existing development in the vicinity. Land
Uses adjacent to the site are predominantly multi-family residential. Several
large parcels in close proximity to the north, south, and east of the subject site
are in use and zoned as medium density multifamily residential apartments and
condominiums. The parcels west of the site across Summit Avenue N. are
currently designated as SF-6 Single Family Residential (6 units/acre) in
accordance with the land use plan map and designated as SR-6 Single Family
Page 7 of 9
Staff Report '
Deal Rezone
#RZ-2004-2 KIVA#2042122
Residential (6 units/acre) in accordance with the zoning map. Further south of '
the property along Kent Kangley Road are commercial uses, services, and
shopping.
The n eighboring p arcels d esignated a nd z oned for s ingle family a re I arge I ots
with development potential as detached single family residences on individual
lots of record Similar to detached single family uses, under the MR-T16 zoning
district individual ownership is promoted as townhomes or condominiums.
Further, as a multifamily project, design review will be required for any proposed
development. Through design review, the City will analyze the proposal for
building elements, which will be sensitive to the physical context of surrounding
uses and potential development in the area. For example, setbacks, style,
height, proportions, roof forms, color, materials, and other design elements will
be incorporated into the buildings and site design to better integrate with
neighboring single family uses and zones across Summit Avenue N.
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.
Planning Services Comment
A rezone of this property to MR-T16 Multifamily Residential Townhouse District
without a specific project will not generate additional trips onto the existing
transportation system. However, future development of the property will I ikely ,
add additional trips to the local street system. Upon future development of the
site, road and street frontage improvements to meet the City of Kent roadway
standards will be required as conditions of approval. These improvements
include but are not limited to curb, gutter, sidewalks, planting strips, street
lighting, paving, necessary street improvements, 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 future development.
4. Circumstances have changed substantially since the establishment
of the current zoning district to warrant the proposed rezone.
Planning Services Comment
Since the establishment of the current zoning district for the property of MR-D
Duplex Residential District the City of Kent adopted the Multifamily Residential
Townhouse District provisions (Ordinance No. 3470). This ordinance provides
opportunities for property owners with the MR-D designation to rezone their
properties to MR-T 16. The MR-T 16 provides additional housing opportunities
within the City of Kent. The MR-T16 zone allows home ownership to be realized
in areas that are more likely not to redevelop as single-family detached unit
subdivisions for various reasons (economic factors, marketability, surrounding
land uses). Further, the City of Kent's 1977 Comprehensive plan was updated
Page 8 of 9 ,
Staff Report
Deal Rezone
#RZ-2004-2 KIVA#2042122
and adopted in 1995 designating the property as Low Density Multifamily
Residential supporting up to sixteen dwelling units per acre. The City's
Comprehensive Plan was updated in accordance with the Washington State
Growth Management Act (GMA) which includes elements pertaining to land use,
transportation, capital facilities, housing, utilities, and protection of natural
resources.
5. 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 be required 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.
6. The proposed rezone site is adjacent to or has convenient access to
an arterial street and the traffic accessing the MR-T development will
minimize the disruption to single-family residential neighborhoods.
iPlanning Services Comment
Access to the subject property is from Summit Avenue N. which connects with
SE 2401" Street north of the property and Kent Kangley Road south of the
property Development surrounding the subject property is a mixture of
1 multifamily and single family residential dwellings Any potential significant
adverse traffic impacts from the development of this property under the MR-T 16
zoning district will require mitigation in accordance with applicable City of Kent
codes and ordinances. Therefore, access will be provided to major arterials (SE
240t" Street and Kent Kangley Road) with minimal disruption to single family
neighborhoods from traffic due to the proposed rezone.
V. CITY STAFF RECOMMENDATION
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 Deal rezone.
i
KENT PLANNING SERVICES
September 15, 2004
Page 9 of 9
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APPLICATION NAME:DEAL
REQUEST: #RZ-2004-2
VICINITY MAP
OFFICE OF THE LAND USE HEARING EXAMINER
Theodore P. Hunter
Hearing Examiner
FINDINGS, CONCLUSIONS AND RECOMMENDATION
FILE NO: DEAL #RZ-2004-2 KIVA #RPSA-2042122
IAPPLICANT: Lows and Linda Deal
REQUEST: A zoning map amendment to rezone 1.07 acres
(King County Tax Parcel No. 192205909208)
from Duplex Multifamily Residential District
(MR-D) to Multifamily Residential Townhouse
1 District (MR-T16)
LOCATION: 302 Summit Avenue N.
1 APPLICATION FILED: June 25, 2004
DETERMINATION OF
NONSIGNIFICANCE ISSUED: August 17, 2004
IMEETING DATE: September 15, 2004
RECOMMENDATION ISSUED: September 22, 2004
iRECOMMENDATION: APPROVAL
1 REVIEW PROCEDURE: The review procedure for a rezone
application is set forth in Section
12.01.040 of the Kent City Code (KCC):
the Hearings Examiner conducts an
open record hearing on the rezone
application and issues a
recommendation to City Council. The
City Council must make the final
decision on the application, based solely
on the record (the testimony and
evidence) presented to the Hearings
Examiner at the open-record hearing.
KCC 12 01.040(B). New evidence
cannot be considered at the Council
meeting on the rezone, because to do so
' Findings, Conclusions and Recommendation
Hearings Examiner for the City of Kent
Deal
#RZ-2004-2 KIVA#RPP4-2042122
Page 1 of 6
may violate the due process rights of those
interested in the rezone. '
STAFF REPRESENTATIVE: Chris Hankins, Planning Services
PUBLIC TESTIMONY: Sara Thompson, representing applicant
EXHIBITS: 1. Staff Report dated September 15, 2004, with the
following attachments:
A: Rezone Application filed June 24, 2004
B: Department Routing
C: Public Notice Documents, including affidavits,
mailing list and correspondence with King County
Journal
D: Notice of Completeness and Notice of Application
Documents, including affidavits, distribution list and
correspondence with King County Journal
E: Determination of Nonsignificance dated
August 17, 2004, with Environmental Checklist
Based upon the testimony and exhibits admitted at the open record hearing, the
Hearings Examiner enters the following Findings and Conclusions:
FINDINGS
t. The Applicant requested a zoning map amendment to rezone 1.07 acres (King ,
County Tax Parcel No. 192205909208) from Duplex Multifamily Residential
District (MR-D) to Multifamily Residential Townhouse District (MR-T16) The
subject property is located at 302 Summit Avenue North in Kent, Washington. No
development of the subject property is proposed at this time Exhibit 1, Staff
Report, page 1;Exhibit 1, Attachment A.
2. The subject property is zoned MR-D and is developed with a detached single- ,
family residence and a triplex condominium. The MR-D district allows a
maximum density of 10.89 dwelling units per acre for duplexes and 8.71 dwelling
units per acre for single-family residences. Properties to the north, south and
east are zoned Medium Density Multifamily Residential (MR-M) and are
developed with condominiums and apartments. The MR-M district allows a
maximum density of 23 dwelling units per acre. Properties to the west (across
Summit Avenue) are zoned Single Family Residential (SR-6) and are developed
with detached single-family residences and a duplex. The SR-6 district allows a
maximum density of 6.05 dwelling units per acre. Exhibit 1, Staff Report, page 2;
KCC 15.04.170.
Findings, Conclusions and Recommendation
Heanngs Examiner for the City of Kent
Deal ,
#RZ-2004-2 K1VA#RPP42042122
Page 2 of 6
1
i
1
3. KCC 15.04.030(19) allows a rezone to MR-T16 from only a limited number of
zoning designations. MR-D is one of the zoning designations from which a
rezone may be obtained. KCC 15.04.030(19). The MR-T16 district allows a
maximum density of 16 dwelling units per acre. Testimony of Mr. Hankins. The
' purpose of the MR-T16 zone is "to provide suitable locations for low to medium
density multifamily residential development where home ownership is
encouraged consistent with the comprehensive plan." KCC 15.03.010.
t4. The City of Kent Comprehensive Plan designation of the subject property is Low
Density Multifamily, which allows a density of up to 16 dwelling units per acre
Exhibit 1, Staff Report, page 2.
5. The City of Kent Comprehensive Plan contains several goals and policies that
' are relevant to the proposal. These goals and policies are to: increase the
number of dwelling units within the city (LU-8); locate housing opportunities
within close proximity to employment, shopping, transit, and human and
community services (LU-8.3); provide opportunities for a variety of housing types
1 (LU-9); encourage a variety of multifamily housing forms (LU-9.2); promote
healthy neighborhoods (H-1); provide a sufficient amount of land zoned for
projected residential needs, including townhouses (H-2.2); increase the supply of
affordable home ownership opportunities (1-14 1); and coordinate new residential
development in Kent with transportation projects to improve affected roadways
(TR-1.2). Exhibit 1, Staff Report, pages 5-7.
6. The proposed rezone supports the identified Comprehensive Plan goals and
policies in several ways- the subject property is in close proximity to commercial
' areas and community services; the MR-T16 zone allows a variety of residential
uses including townhouses, duplexes and single-family dwellings; the MR-T16
zone allows home ownership to be realized in areas that are not likely to
i redevelop into single-family detached unit subdivisions; the MR-T16 zone allows
clustering patterns that increase the supply of affordable home ownership
opportunities; and future development of the property would require mitigation of
impacts to the transportation system. Exhibit 1, Staff Report, pages 5-7.
7. The subject property fronts Summit Avenue, which provides connections to major
1 arterials including SE 240"' Street to the north and Kent Kangley Road to the
south. Exhibit 1, Staff Report, page 9,
8. Future development of the subject property would likely add traffic trips to the
local transportation system. The traffic impact of the future development would
be mitigated through frontage improvements and payment of an environmental
mitigation fee. Exhibit 1, Staff Report, page 8.
Findings, Conclusions and Recommendation
Heanngs Examiner for the City of Kent
Deal
#RZ-2004-2 K/VA#RPP4-2042122
Page 3 of 6
� t
i
9. The City's regulatory framework has changed in two ways since the MR-D zoning
of the property was adopted. First, the City adopted the 1995 Comprehensive
Plan, which designates the subject property Low Density Multifamily Residential ,
(maximum density 16 dwelling units per acre). Second, the City adopted the MR-
T16 zoning designation (Ordinance No. 3470 (1999)), which provides the
opportunity for MR-D parcels to be rezoned MR-T16. Exhibit 1, Staff Report,
pages 8-9, Testimony of Mr. Hankins.
10. Pursuant to the State Environmental Policy Act (SEPA), the City of Kent is lead
agency for review of environmental impacts caused by the proposed rezone. The
City issued a Determination of Nonsignificance (DNS) on August 17, 2004.
Exhibit 1, Attachment E. Subsequent proposals to develop the property will i
require further environmental review. Exhibit 1, Staff Report, page 2.
11. Notice of the open record hearing was posted on the property, mailed to e
properties within 300 feet of the site and published in King County Journal on
September 3, 2004 in accordance with City ordinances. Exhibit 1, Attachment C.
CONCLUSIONS
Jurisdiction
The Hearing Examiner has jurisdiction to hold an open record hearing on this quasi-
judicial rezone and to issue a written recommendation for final action to the Council,
pursuant to RCW 35A.63.170 and Chapters 2.32 and 15.09 of the Kent City Code.
Criteria for Review ,
Section 15.09.050(C) and (F) of the Kent Zoning Code sets forth the standards and
criteria the Hearing Examiner must use to evaluate a request for a rezone to MR-T16.
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;
Findings, Conclusions and Recommendation
Heanngs Examiner for the City of Kent
Deal
#RZ-2004-2 KIVA #RPP4-2042122
Page 4 of 6
l
e. The proposed rezone will not adversely affect the health, safety and general
welfare of the citizens of the City of Kent.
f. The proposed rezone site is adjacent to or has convenient access to an arterial
street to ensure that the traffic accessing the MR-T development minimizes the
disruption to single-family residential neighborhoods.
Conclusions based on Findings:
1. The proposed rezone is consistent with the Comprehensive Plan. Both the
MR-T16 zoning designation and the Low Density Multifamily Comprehensive
Plan designation allow a development potential of 16 dwelling units per acre The
proposed rezone supports Comprehensive Plan goals and policies by offering a
wide range of development options and affordable home ownership
opportunities. Findings of Fact Nos. 3-6.
2. The proposed rezone is compatible with surrounding development. The
uses allowed in the MR-T16 zone (townhouses, duplexes, single-family
i dwellings) are compatible with the multifamily and single-family uses surrounding
the site. Because most surrounding properties are zoned for higher-density
j residential development than what would be allowed in the MR-T16 zone, the
additional five dwelling units per acre of density allowed by the rezone (10.83
dwelling units per acre to 16 dwelling units per acre) would not adversely affect
neighborhood character. Findings of Fact Nos. 2, 3 & 6.
3. The proposed rezone would not unduly burden the transportation system
in the vicinity of the property with significant adverse impacts which
cannot be mitigated. No development is proposed at this time Traffic impacts
from future development would be mitigated through frontage improvements and
traffic mitigation fees. Further SEPA environmental review would be required
when development is proposed. Findings of Fact Nos. 8 & 10.
4. Circumstances have changed substantially since the establishment of the
current zoning district. The changes to the Comprehensive Plan, adopted in
response to Growth Management Act requirements, and the availability of the
MR-T16 zoning designation are changed circumstances that support approval of
the rezone. Finding of Fact No. 9.
4. The proposed rezone would not adversely affect the health, safety and
general welfare of the citizens of the City of Kent. The rezone would be
consistent with development patterns in the area and would provide additional
home ownership opportunities No adverse impacts were identified during the
review process. Further SEPA environmental review would be required when
development is proposed. Findings of Fact Nos. 2 & 10.
Findings, Conclusions and Recommendation
Hearings Examiner for the City of Kent
Deal
#RZ-2004-2 K/VA #RPP4-2042122
Page 5 of 6
i
1
5. The proposed rezone site has convenient access to arterial streets so as to
minimize the disruption to single-family residential neighborhoods. This
criterion is met. Finding of Fact No. 7.
RECOMMENDATION i
Based upon the preceding Findings and Conclusions, the Hearings Examiner
recommends that the application for a rezone of King County Tax Parcel No. i
192205909208 from MR-D to MR-T16 be APPROVED.
DATED this 29t' day of September 2004.
THEODORE PAUL HUNTER
Hearing Examiner
ch S Term it\Plan\rezone\2004\2042122-2004-2findmgs doc
Findings, Conclusions and Recommendation
Hearings Examiner for the City of Kent
Deal
#RZ-2004-2 KIVA#RPP4-2042122
Page 6 of 6
Kent City Council Meeting
Date October 19. 2004
Category Other Business
1. SUBJECT: COPPER RIDGE APPEAL
2. SUMMARY STATEMENT: This is a closed record appeal hearing of the decision
approving a planned unit development and denying an appeal of the state environmental
policy act determination for Schneider Homes. The Kent Hearing Examiner's Decision
was issued on May 6, 2004.
3. EXHIBITS: A complete copy of the Hearing Examiners record, Appellants
request for appeal, and the transcript of the proceedings has been available in the
Council's office since Wednesday, August 18, 2004
4. RECOMMENDED BY: Kent Hearing Examiner
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
to sustain/reverse/remand the Kent Hearing Examiner's May 6, 2004, Decision.
DISCUSSION:
ACTION:
Council Agenda
Item No. 7B
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C. PUBLIC SAFETY COMMITTEE ht7W fhof Hy,
to to d .5 16D (Pm &yg C) N as
D. PUBLIC WORKS
E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 01a4l-,
VA Vu� 1-7-
F. PARKS AND HUMAN SERVICES COMMITTEE no kJ + \ar
Cemn i WUk mUt a$ ff CD Pm an Dear .
T
G. ADMINISTRATIVE REPORTS t- ylt tkc
+f\k,
REPORTS FROM SPECIAL COMMITTEES
1
KENT
vu euarn�
OPERATIONS COMMITTEE MINUTES
SEPTEMBER 21,2004
Committee Members Present: Chair Tim Clark, Julie Peterson, Bruce White
The meeting was called to order by Tim Clark, Chair at 4:02 p in.
APPROVAL OF MINUTES DATED SEPTEMBER 7, 2004
Bruce White moved to approve the minutes of the September 7, 2004, Operation
Committee meeting. The motion was seconded by Julie Peterson and passed 3-0.
APPROVAL OF VOUCHERS DATED SEPTEMBER 15,2004
Finance Director Bob Nachlmger presented the vouchers for September 15, 2004, for approval.
Julie Peterson moved to approve the vouchers dated September 15, 2004. Bruce White
seconded the motion,which passed 3-0.
TOURISM CONTRACT WITH KENT CHAMBER OF COMMERCE
Chief Administrative Office Mike Martin presented the Tourism Contract with Kent Chamber
of Commerce which was tabled at the September 7, 2004, Operations Committee meeting, as
Committee members requested the past six (6) years of the Kent Chamber of Commerce's
records regarding the City. Mr. Martin advised that on July 29, 2004, the City's Lodging Tax
Advisory Board (LTAB) unanimously recommended that the City of Kent enter into a one (1)
year (2005) $18,000 contract with the Kent Chamber of Commerce for tourism services. Mr.
Martin introduced Kathy Madison, General Manager for the Best Western Plaza By the Green
and Robin Hasbrook from the Kent Chamber of Commerce to address the Committee. They
advised the Committee that this contract would complement the proposed contract with Seattle
Southside Visitor Services (SSVS) and would be beneficial to the Kents' hotel. Many tourist
and business travelers who are unaware of SSVS will still seek out the Kent Chamber for their
traveling resources. Under this contract, the Chamber would continue to serve as this resource
to travelers The Kent Chamber would partner with SSVS, maintain and modify the web site,
mail marketing materials to interested parties, staff the 1-800 Kent Lodging phone number, and
research how Kent can better position itself to capture tourism dollars, opportunities and
additional hotel/motel stays. Mr. Martin advised that no general fund dollars would be used for
this contract as it would be paid entirely from the Lodging Tax Board The City of Kent
estimates that it will collect about$121,000 in lodging tax revenues in 2005.
Operations Committee Minutes t
September 21, 2004
Page: 2
Numerous questions and comments were discussed regarding the proposed contract.
Committee Member Bruce White opposed the contract, stating he felt it was duplicative of the
contract with Seattle Southside Visitors Center.
Julie Peterson moved to recommend the $18,000 one-year (2005) contract for tourism
services with the Kent Chamber of Commerce using lodging tax dollars. Chair Tim
Clark seconded the motion,which passed 2-1.
The meeting was adjourned at 4:47 p.m.
Renee Cameron
Operations Committee Secretary
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EXECUTIVE SESSION
A. LABOR NEGOTIATIONS
ACTION AFTER EXECUTIVE SESSION