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Home My WebLink AboutCity Council Meeting - Council - Agenda - 02/07/2006 -- AGENDA City of Kent CityCouncil Meeting Agenda 4 February 7, 2006 Mayor Suzette Cooke Deborah Ranniger, Council President Councilmembers Tim Clark Debbie Raplee Ron Harmon Les Thomas Bob O'Brien Elizabeth Watson KENT WASHINGTON City Clerk's Office 1 a KENT CITY COUNCIL AGENDAS K E N T February 7, 2006 - W A S H I.G T O� Council Chambers MAYOR Suzette Cooke COUNCILMEMBERS: Deborah Ranniger, President Tim Clark Ron Harmon Bob O'Brien Debbie Raplee Les Thomas Elizabeth Watson COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Washington Cities Insurance Chris Hills 45 min Authority (WCIA) COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC— Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A Employee of the Month B Economic Development Report 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills—Approve C. McGrew Rezone Ordinance—Adopt (QUASI-JUDICIAL) D. 2005 Final Budget Adjustment Ordinance—Adopt E. Lease Agreement for Wireless Communications Equipment—Authorize F. 2005 Fourth Quarter Fee-In-Lieu Funds — Accept and Amend Budget G. King County Parks Youth Sports Facility Grant—Accept and Amend Budget (Continued on Back) COUNCIL MEETING AGENDA CONTINUED H. Town Square Plaza Carousel Sole Source Purchase—Authorize I. King County Office of Emergency Management Grant— Accept and Authorize J. Fire Department Replacement Vehicle Purchase—Authorize K Goods and Services Agreement with Lighthouse Uniform Company—Authorize L. King County Public Entity Services Contract—Authorize M. U.S. Department of Justice FY 2006 Grant—Authorize N. Costco Wholesale Donation—Accept ' O. Birdsong Meadows Improvements Bill of Sale—Accept P 3rd Avenue S. Storm Extension—Accept as Complete Q S. 228th Street Corridor— Bolger Road Grade and Fill—Accept as Complete R. 132nd Avenue SE Street Vacation Ordinance—Adopt 7. OTHER BUSINESS A. Canary Hill Rezone Ordinance—Adopt (QUASI-JUDICIAL) B Sophia Glenn/Brenna's Vista 11 Rezone Ordinance—Adopt (QUASI- JUDICIAL) C. Morford Meadows South Rezone Ordinance—Adopt (QUASI-JUDICIAL) 8. BIDS A. LID 353 S. 228th St. Corridor Riverview Boulevard Overpass ' 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 1 10. CONTINUED COMMUNICATIONS IL EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A Labor Negotiations 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725 For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. Win^ Ow n➢ o Ko = m o nn 0 =C A -0 'po 0R9 w O< n C Y .< w_o"° j-j ? a ° ,� y ° o O o n m �, 0 m r7 • ° c n o rn� yw o r �j G a� 3 3 o Q0 c -� -<�3 �3C ° 2a 6 ac� �< 3 roc = 2- Q �N ' = OCA v 71 G o 0 c ° �, ° Q d � a ^� ,< m � � rc o m a < � as � � �ro�� • rn ET 0T V s � °a wJo O C N ° LA J i m m Ca co T.T. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC i 1 1 1 1 I � 1 PUBLIC COMMUNICATIONS A) EMPLOYEE OF THE MONTH B) ECONOMIC DEVELOPMENT REPORT CONSENT CALENDAR 6. City Council Action• Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through R. IDiscussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of January 17, 2006. 613. Approval of Bills. Approval of payment of the bills received through December 15 and paid on December 15,2005 after auditing by the Operations Committee on January 17,2006 Approval of checks issued for vouchers Date Check Numbers Amount 12/15/05 Wire Transfers 2259-2276 $1,497,437 00 12/15/05 Prepays& 587057 492,929 58 12/15/05 Regular 587851 1,479.100 90 Use Tax Payable 8242 54 $3,477,710 02 Approval of payment of the bills received through December 31 and paid on December 31,2005 after auditing by the Operations Committee on January 17, 2006 Approval of checks issued for vouchers Date Check Numbers Amount 12/31/05 Wire Transfers 2277-2294 $1,394,054 89 12/31/05 Prepays& 587852 3,096,770 25 12/31/05 Regular 588480 1,947,51519 Use Tax Payable 771 76 $6,439,112 09 Approval of payment of the bills received through January 15 and paid on January 15 after auditing by the Operations Committee on January 17, 2006 Approval of checks issued for vouchers: Date Check Numbers Amount 1/15/06 Wire Transfers 2295-2307 $ 972,518 29 1/15/06 Prepays 588481 495,145 95 1/15/06 Regular 589078 1,715,506 90 Use Tax Payable 1,5262 $3,184,697 43 (Continued on Back) Approval of checks issued for Interim Payroll I Date Check Numbers Amount 12/6/05 Check 287877 $ 69 15 12/7/05 Check 287878 $1,135 48 Approval of checks issued for payroll for December 1 through December 15 and paid on December 20,2005 Date Check Numbers Amount 12/20/05 Checks 287879-288141 $ 195,205 93 12/20/05 Advtces 189609-190300 1,249,53641 Total of Regular Payroll $1,444,742 34 Approval of checks issued for the Rayroll of December 16 through December 31,2005 and paid on January 5, 2006 Date Check Numbers Amount 1/5/06 Checks 288142-298413 S 212,187 28 1/5/06 Advtces 190301-190989 1,267,955 26 Total of Regular Payroll $1,480,142 54 Approval of checks issued for Interim Pam Date Check Numbers Amount 1/10/06 Check 288414 $165 67 Approval of checks issued for the payroll of January 1 through January 15 and paid on January 20, 2006 Date Check Numbers Amount 1/20/06 Checks 288415-288702 $ 229,163 55 1/20/06 Advtces 190990-191676 1,511,456 64 Total of Regular Payroll S1,740,620 19 Approval of checks issued for Interim Payroll: Date Check Numbers Amount 1/23/06 Check 288703-288704 S481 61 Council Agenda Item No 6 A-B • Kent City Council Meeting K E N T January 17, 2006 WASHINGTON The regular meeting of the Kent City Council was called to order at 7.00 p.m. by Mayor Cooke Councilmembers present Clark, Harmon, O'Brien, Ranniger, Raplee, Thomas and Watson. (CFN-198) 1 Flag Salute. Boy Scout Troop 408 presented the colors and led the flag salute. CHANGES TO THE AGENDA A From Council, Administration, or Staff. (CFN-198) CAO Hodgson added Public Communications Item B and Executive Session Item B. Clark added Consent Calendar Item L. PUBLIC COMMUNICATIONS A. Introduction of Appointees. (CFN-198) Mayor Cooke announced appointees to the Human Services Commission, Land Use and Planning Board, LEOFFI Disability Board and Drinking Driver Task Force, and introduced those in attendance. B. Report on Flooding. (CFN-198) Public Works Director Blanchard noted that there has been 16-niches of ram in the last 27 days, but that the City experienced only minor problems He outlined the improvements which have been made since 1999 and corrections planned for the future. CONSENT CALENDAR RANNIGER MOVED to approve Consent Calendar Items A through L. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of January 3, I2006 were approved. B. Approval of Bills. (CFN-104) Numbers were not available for approval. C. Bakke Plat Bill of Sale. (CFN-484) The Bill of Sale for Bakke Plat submitted by Dreamcraft Homes was accepted. D. Leabo Plat Bill of Sale. (CFN-484) The Bill of Sale for Leabo Plat submitted by Don Leabo was accepted. E. Meridian Ridge Division I and 2 Bill of Sale. (CFN-484) The Bill of Sale for Meridian Ridge Division 1 and Meridian Ridge Division 2 submitted by Schneider Homes, Inc. was accepted F. 98th Avenue Sanitary Sewer Extension Bill of Sale. (CFN-484) The Bill of Sale for 98th Avenue Sanitary Sewer Extension submitted by TLT Development, LLC was accepted G 98th Avenue Sanitary Sewer Extension Addendum to Bill of Sale. (CFN-484) The Addendum to the Bill of Sale for 98th Avenue Sanitary Sewer Extension was accepted. The figures used on the Bill of Sale dated 6/14/05 were based on the as-built engineering plans dated 6/9/05 by Paul E. Morrow, PLS, who is an employee of DMP, Inc. 1 Kent City Council Minutes January 17, 2006 H. S. 188th Street Vacation Ordinance. (CFN-102) Ordinance No. 3781 vacating a portion of South 188th Street, in the City of Kent was adopted. I. Smith Court Homes Rezone Ordinance. (CFN-121) Ordmance No 3782 rezoning approximately 2.5 acres of property located on the west side of 641h Avenue South, north of West Smith Street, from the current zoning of from General Commercial(GC) to Medium Density Multifamily (MR-M) was adopted J Kent Human Services Commission Re-appointment and Appointment. (CFN-873) The Mayor's re-appointment of Ms. Cathy Peters to continue serving as a member of the Kent Human Services Commission was confirmed Ms. Peters' new appointment will continue through 12/31/2008 The Mayor's appointment of Ms. Marilyn LaCelle, Valley Cities Director, as the Non-Voting Agency position on the Human Services Commission was confirmed Her new appointment will begin immediately and continue to 12/31/2007. K. Land Use and Planning Board Re-appointment and Appointment. (CFN-174) The Mayor's re-appointment of Mr. Kenneth Wendlmg to continue serving as a member of the Kent Land Use and Planning Board was confirmed. Mr Wendling's new appointment will continue through 12/31/2008 The Mayor's appointment of Mr Jack Ottmi to serve as a new member of the Land Use and Planning Board was confirmed Mr Ottim's appointment will begin immediately and continue through 12/31/2008 He will replace Mr. Devendra (David) Malik, whose term expired ADDED ITEM L. Appointments. (CFN-873&122) The following appointments were confirmed- Human Services Commission —Councilmember Elizabeth Watson, LEOFF 1 Disability Board—Councilmember Debbie Raplee; and Drinking Driver Task Force—Councilmember Ron Harmon and Becky Hanks of the Kent School District OTHER BUSINESS A McGrew Rezone (Quasi-Judicial). (CFN-121) This request by David McGrew is to rezone three parcels totaling 2 1 acres of property from SR-4.5 (Single-Family Residential), to SR-8 (Single- Family Residential). The property is located at the southeast corner of 94`h Avenue South and South 242°d Street. The Kent Hearing Examiner held a Public Hearing on November 30, 2005, and issued Findings, Conclusions, and a Recommendation for approval on December 14, 2005. The City Attorney explained the quasi-judicial process and it was determined there were no ex-parte contact or appearance of fairness issues. Lydia Moorehead of Planning Services described the pro- ' ject. HARMON MOVED to accept the Findings, Conclusions and Recommendation of the Hearing Examiner on the McGrew Rezone and to direct the City Attorney to prepare the necessary ordinance. Raplee seconded. Harmon expressed concern regarding traffic at 94th Avenue and James Street and noted that it will be addressed in the Transportation Master Plan. His motion then carried. 2 r Kent City Council Minutes January 17, 2006 REPORTS Council President. (CFN-198) Ranmger noted that the Council retreat will be held on February 3 and 4 at Green River Community College at Kent Station She added that the theme is the Strategic Plan. jPublic Safety Committee. (CFN-198) Thomas noted that the Committee will meet at 5:00 p.m. on January 19th Public Works. (CFN-198) Clark noted that due to the holiday on February 20, the Committee will meet at 5 00 p m. on February 27. Raplee added that the Committee will meet at 5.00 p.m on January 23rd. Planning & Economic Development Committee. (CFN-198) Clark noted that due to the holiday on February 20, the Committee will meet at 4 00 p.m on February 27 Harmon added that the Committee will meet at 4 00 p.m. on January 23rd. Parks and Human Services Committee. (CFN-198) Ranmger noted that the Committee will meet at 4.00 p.m. on January 19 I Administrative Reports. (CFN-198) Hodgson reminded Councilmembers of a 20-minute Executive Session to discuss labor negotiations and pending litigation, and noted that action may be taken afterward. The City Attorney gave an update on the status of the lawsuit with the State regarding the Critical Areas Ordinance. EXECUTIVE SESSION The meeting recessed to Executive Session at 7 40 p m., and reconvened at 8:25 p.m. IACTION AFTER EXECUTIVE SESSION Sophia Glenn/Brenna's Vista II Rezone. (CFN-121) HARMON MOVED to set February 7, 2006, at the regular Kent City Council meeting, as the date and time to consider a motion to rescind and amend the previously adopted motion entered on December 13, 2005, to reject the Findings, Conclusions and Recommendation of the Hearing Examiner on the Sophia Glenn/Brenna's Vista rezone, and to authorize the Community Development Director and the City Attorney to provide appropriate notice and procedures for consideration of any amendments to the previous motion to reject O'Brien seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8 28 p.m. Brenda Jacober, CMC City Clerk 3 Kent City Council Meeting Date February 7, 2006 Category Consent Calendar I. SUBJECT: MCGREW REZONE ORDINANCE—ADOPT (QUASI-JUDICIAL) 1 2. SUMMARY STATEMENT: Adopt Ordinance No. relating to land use and zoning, specifically the rezoning of approximately 2 1 acres of property located on the southeast corner of 941h Avenue South and South 242"d Street, from the current zoning of from Single-Family Residential, 4.5 units per acre, to Single-Family Residential, 8 units per acre. This ordinance is placed on tonight's consent calendar, as directed by Council pursuant to a unanimous vote on January 17, 2006, to approve the rezone consistent with the Hearing Examiner's recommendation. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Hearmg Examiner (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditures 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 1 DISCUSSION: ACTION: Council Agenda Item No. 6C 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 2.1 acres of property located on the southeast corner of 94th Avenue South and South 242nd Street from SR-4.5 (Single-Family Residential, 4 units per acre) to SR-8 (Single-Family Residential, 8 units per acre). (McGrew Rezone, #RZ- 2005-11). ' RECITALS A. An application was filed on August 2, 2005, by David McGrew, to rezone approximately 2.1 acres of property located on the southeast corner of 94th Avenue South and South 242nd Street in Kent, Washington, from the current zoning of SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR-8 (Single-Family Residential, 8 units per acre). (McGrew Rezone, #RZ-2005-11). I B. The City's SEPA responsible official issued a Determination of Nonsignificance (DNS) (#ENV-2005-52) for the proposed rezone on October 24, 2005. C. A public hearing on the rezone was held before the hearing examiner on November 30, 2005. On December 14, 2005, the hearing examiner issued findings and conclusions that the McGrew 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 unduly burden the transportation system in the vicinity of the property with significant adverse impacts that cannot be mitigated; that circumstances have changed since the 1 McGrew Rezone 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 McGrew Rezone. E. On January 17, 2006, the City Council determined that the hearing examiner's findings and conclusions are consistent with sections 15.09.050(A)(3) and 15.09.050(C) of the Kent City Code, accepted the findings of the hearing examiner, and adopted the hearing examiner's recommendation for approval of the McGrew Rezone from SR-4.5 to SR-8. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, — Rezone. The property located on the southeast corner of 94" Avenue South and South 242nd Street, Kent, Washington consisting of approximately 2.1 acres depicted in Exhibit "A" (marked "Vicinity Map' , attached and incorporated by this reference, and legally described in Exhibit "B", attached and incorporated by this reference, is rezoned from SR-4.5 (Single-Family Residential, 4.5 units per acre) to j SR-8 (Single-Family Residential, 8 units per acre). The City of Kent zoning map shall be amended to reflect the rezone granted above. SECTION 1, — SeverabiiitK 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. 2 McGrew Rezone 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. 1 SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of February, 2006. APPROVED: day of February, 2006. PUBLISHED: day of February, 2006. I hereby certify that this is a true copy of Ordinance No. jpassed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P\Oal\ORDINANCE\Rezone-McGrew dot 3 McGrew Rezone 1 �] \ NMlif GSAVES SR 181 1 , ^ nxv SR 167 - a' 9 f ,Pull Avg Lh- xs•Q s ;� �• � - zeana Yr. _ - r • e1'l xlYY' { .-rAno... faWa 9 1 N • q fi�47Af \ Lang • lan, [A%N 3AV[F 4-4 1 'y r�r--r- —i-i-=i�i—sA.�SualK yu rRavLlr LdVEN ZON1N6 Af+1QNPM�NT � > • S � 6 ? Y S R . e I 'Wmv.nr [y��y�a�K �J Cnifaµrary - _ - 6 A 34"$s_ _ rTvd ai.. 1 Rw...+r yap v nal � � � ` ri x•ee Pxia rG r. / it y •'r�pl�3 7 g - <or.sairrk Ma'10. r "•a �_ �r[awal�t 9 = as+vHi.�- 3 t �a•a mrL[ aa .AO d�[LL 100 AVS a[ ] 5 L F 1JD t•S 99- 9 _]_ _ 1 t[! raK � �. • r • r a • � �1 '..A Ls•al r F Y'Z A v` ' ;i'M1 101'AR HH i.i ra ae ..Yrvi r-: _ ^+�` 9aq _ A R I0 RVYEC Iaaa ",, a9.n a.a ,w r .zr • S 4[1 V n r•a . J 1 F, yfavf 06 _ _ + 10im6 'L ae , IOf AV[86 all n ln+ri,�, Y .µYa9l �' '•1 V..i' N_M p 1 niG ai[ µSias, 11.1'r ua nYq 4q,1 C¢. • + >r- plxlfe[ at].![iN fl a L ,qpl� LY?vi ur.! 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Rq a a!•ivv ] .\•at.\a $ 'a1 aurG F % 43.l4 ". iu Av[e ,a` •' P`f ' �\.R � • � ^ r Y M.a+mY 11• .i � e 1'•r �r a•'} y9 ar4 p y f +a 1\ � TaLa •a1fY1.[[ 'rpaa • A $garvv u+rur P J-rn { tiD AVl iI 1'Jf LV[R La 9 ' 'v.y t:o 9.a Ru` g i:a AT xx H 2 a + M n � �w-. •" � • iu xv[ .raw •" � ]ai nin:xe.nF."p+ +O�r+ ;r � as 3 Y DaAP�a[+ e[ L'S Vy iT :+amli » fu a.w 4 3+xvaw M • v` [ 0 � .ern ii•al � - aiix_[RLRLw x 1]+g185f Ulan ' ia\(w AU*mN na t466 1a9 DLB2 y e" j .s+cY[IN, u aw arq a'7 P .Ia[a[ aaa ay c 9 i.r.Z i 3.vile 4^-� [. •�. {b i ua Yk [ ur x[iN .xne * aan +area 4 t [G4 €y 132 An•c al[� EXHIBIT "Au LOT "A" The west 195 feet of the south half of the north half of the southeast quarter of the northwest quarter of the northeast quarter of Section 19, Township 22 North, Range 5 East, W.M. , in King County, Washington; AND EXCEPT the west 15 feet of said south half lying within 94th Avenue South. LOT "B" The east 110 feet of the west 305 feet of the south half of the north half: of the southeast quarter of the northwest quarter of the northeast quarter of Section 19, Township 22 North, Range 5 East, W.M. , in King County, Washington. LOT "C" The north half of the north half of the southeast quarter of the northwest quarter of the northeast quarter of Section 19, Township 22 North, Range 5 East, W.M. , in King County, Washington; EXCEPT the east 368 feet thereof; AND EXCEPT any portion lying within 94th Avenue South. i I 1 I ' EXHIBIT "B" a Kent City Council Meeting Date February 7, 2006 Category Consent Calendar 1. SUBJECT: 2005 FINAL BUDGET ADJUSTMENT ORDINANCE— ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. to approve the consolidating budget adjustments made between July 1, 2005 and December 31, 2005 totaling $15,812,742. The technical gross budget adjustment totals $15,812,742 for budget adjustments made 1 between July 1, 2005 and December 31, 2005. The net amount, excluding transfers, is $15,478,877. Please note that $15,808,398 was previously approved by Council. These were primarily for projects. The net amount of$4,344 not yet approved by Council, is for revenue received in the form of donations and for related expenditures in that amount for the Drinking Driver task Force project for Police. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Operations 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 6D ORDINANCE NO. AN ORDINANCE of the city of Kent, Washington, amending the 2005 Budget for adjustments made between July 1, 2005, and December 31, 2005. THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION I.— BudgetAd7ustments. The 2005 city budget is amended to include budget fund adjustments as summarized and set forth in Exhibit "A," which is incorporated into this ordinance. SECTION 2. — Severabi/itv If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SEC7ION3. —Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4. — Effective Date. This ordinance shall take effect and be in force 1 five (5) days from and after its passage, approval and publication as provided by law. SUZETTE COOKE, MAYOR 1 2005 Budget Adjustments- Second Half ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of February, 2006. APPROVED: day of February, 2006. PUBLISHED: day of February, 2006. I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated. i (SEAL) BRENDA JACOBER, CITY CLERK WIVIO o WLdxmnn�t zM zW 2 2005 Budget Adjustments- Second Half City of Kent Budget Adjustment Ordinance Adjustments July 1, 2005 to December 31, 2005 Exhibit A Adjustment Fund Title Ordinance 001 General Fund 231,594 140 Youth/Teen Fund 25,000 150 Capital Improvement Fund (50,000) 160 Criminal Justice Fund 131,662 190 Other Operating Projects Fund 805,500 250 Spec Assess Debt Service Fund 2,078,409 310 Street Capital Projects Fund 10,940,517 320 Parks Capital Projects Fund 1,559,991 350 Facilities Capital Projects 133,000 410 Water Operating Fund (100,000) 440 Sewerage Operating (57,146) 480 Golf Operating 91,665 540 Facilities Management Fund 22,550 Total Gross Budget Change 15,8129742 Less: Other Transfers (316,765) Internal Transfers (17,100) Subtotal (333,865) Total Net Budget Change 15,4783877 i t i mnm•• n nn Kent City Council Meeting Date February 7, 2006 Category Consent Calendar 1. SUBJECT: LEASE AGREEMENT FOR WIRELESS COMMUNICATIONS i EQUIPMENT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to enter into a lease agreement with CLEARWIRE, LLC to install wireless communications equipment at Wilson Playfields, to accept the monthly lease fee of$1,350 00, and approve the expenditure of funds in the Light Pole Replacement budget. This motion also authorizes a nonexclusive access easement that CLEARWIRE, LLC is requesting to install wireless communications equipment at Wilson Playfields (refer to Exhibit C and D). 3. EXHIBITS: Lease Agreement with CLEARWIRE, LLC 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no. Unbudgeted Expense: Fund P20072 Amount $1,350/month Unbudgeted Revenue- Fund P20072 56250 Amount $1,350/month 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E LEASE AGREEMENT THIS LEASE A GREEMENT("Lease") i s e ntered i nto b y and b etween t he C ITY O F KENT, Washington municipal corporation ("Landlord") and CLEARWIRE LLC, a Nevada lamed liability company, with its principal office in Washington located at 5808 Lake Washington Blvd, NE, Suite 300, Kirkland, Washington 98033 ("Tenant"). BACKGROUND A. Landlord is the owner in fee simple of a parcel of land located in the City of Kent, King County, Washington, legally descubed on the attached Exhibit A (the "Property") B. Tenant is in the communications business and desires to lease that portion of the Property which is legally described on the attached Exhibit B, together with a nonexclusive access easement,which is legally described on the attached Exhibit C C Accordingly, the parties are entering into this Lease on the terms and conditions set forth below. AGREEMENT In consideration of their mutual covenants,the parties agree as follows: 1. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord that portion of the Property legally described on the attached Exhibit B (the"Premises") together with a non-exclusive casement foi ingress, egress and utilities over the adjacent real property legally described on the attached Exhibit C (the "Access Easement"). This Lease is not a franchise nor is it a permit to use the City of Kent's rights-of-way. Any such franchise or permit must be obtained separately from Landlord. 2. Tenn and Option to Renew. This Lease shall commence on the earlier of (a) nine (9) months after the date of this Lease has been signed by both parties, or (b) the date Tenant commences construction of its improvements oil the Prenmses or installation of utilities within the Access Easement (tile "Commencement Date'), and end on the date that is one day before the fiz e N eai an niveisary of the Commencement Date Additionally, so long as Tenant is not in default of this Lease, Tenant shall have the option to renew this Lease for one (1) additional five (5) year periods subject to the adjustment of Monthly Rent as described in Section 3 Should Tenant exercise its option to ieneiv this Lease, that option must be exercised in writing and delivered to Landlord at least ninety(90) calendar days before the end of the then-current tern. LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 1 of 15 (Landlmd C'nofkcm, ]claw ClcamurL(C) (_IgSnrst52005) 3. Rent, a. Tenant agrees to pay Landlord as Monthly Rent, without notice or demand, the suni of ONE THOUSAND THREE HLTNDRFD FIFTY AND NO/100 DOLLARS (SI,350,00), plus leasehold tax, if iequired by law, at a rate established by the State of Washnngton, currently 1 2 84°'o, commencing on [lie Commencement Date. S ubsequently, the Monthly Rent shall be paid in advance, on or before the first day of the month during the teen hereof Monthly Rent shall be mailed to: City of heat, 220 Fourth Avenue South, Kent, Washington 98032.Attention. Facilities Superintendent. b Tenant shall pay Landlord a late payment charge equal to five percent (5%) of the Monthly Rent for any payment not paid within five (5) calendar days of when due. Any amounts not paid when due shall beat interest instil paid at the rate of two percent (2%) per month. C. The Monthly Rent during years two (2) through five (5) of each five (5 year term shall be increased effective as of each anniversary of the Commencement Date by an amount equal to the greater of four (4)percent or the percentage increase in the CPI w ei the CPT for the month 12 mouths prior to the adjustment date "CPI" means the Consumer Price Index for All Urban Consumers, U S City Average, All Items, issued by the Bureau of Labor Statistics for the United States Department of Labor (1982-84 = 100). If The CPI is cony erted to a different standard reference base or otherwise revised, the adjustment set forth in this paragraph shall be made tN ith the use of the conversion formula published by the Bureau of Labor Statistics d. The Monthly Rent during the first year of a renewal term will be adjusted to Market Rent. As used herein, "Market Rent" means the rent paid for similar uses on similar properties in the greater Puget Sound area If Landlord and Tenant cannot agree upon Market Rent within thirty (30) days after Tenant presents its proposal for Market Rent, then the matter shall be settled by binding arbitration by a single arbitrator who has experience in telecommunications real estate leasing matters Tenant shall present its proposal for Market Rent when it exercises its option to renew the Lease. The arbitration will be administered by JAMS if the parties have not otherwise agreed to use a different arbitrator or arbitration process Each part} v�ill submit to the arbitrator and each other at least ten (10) days in advance of the hearing their best offers of Market Rent. The arbitrator shall award the Market Rent figure that is closest to the true Market Rent_ The costs of the arbitration shall be borne by the Tenant Each party «ill bear the cost of its own attorneys fees. e. Monthly Rent, and all other consideration to be paid or provided by Tenant to Landlord shall constitute Rent and shall be paid or provided without offset. 4. Use of Prenvses. a Tenant shall use the Premises for the purpose of locating, maintaining, replacing, removing, operattug, and upgrading a wireless communications antemna on a pole. Tenant shall also use the Premises for the purposes of constructing, maintaining, replacing, LEASE AGREEMENT AT W ILSON PLAYFIELDS—Page 2 of 15 (Landlord Cm o/Aeta, 7cvaw Clean,neLLC1 (AiTist5,2005) ' removing, operating, and upgrading related wireless communication ground equipment, support structures, and cables. The antenna and related facilities shall collectively be referred to as the "A-ritemnae Facilities " The Premises shall be used for no other purpose. b Tenant shall, at its expense, comply with all applicable present and future federal, state, and local kms, ordinances, rules and regulations (including laNNs and ordinances relating to health, radio frequency emissions, other radiation and safety) in connection with the use, operation, maintenance, construction and/or installation of the Antennae Facilities andJor the Premises. 5. Tenant Improvements,Plans, Bonds. a (1) Tenant may improve the Premises by constructing the Antennae Facilities. Tenant is required, as part of this Lease, to complete all the items listed in Exhibit D. Tenant is responsible to provide all labor,materials, and equipment necessary for the items listed in Exhibit D Prior to commencing construction, Tenant shall submit plans and specifications drawn to scale for all improvements to Landlord for Landlord's written approval, such approval not to be unreasonably withheld No improvement, construction, installation or alteration shall be commenced until plans for such work have been approved by the Landlord and all necessary permits have been properly issued Landlord's Parks, Recreation & Community Services Department shall give such approval or provide Tenant with its requests for changes within thirty (30) working days of Landlord's receipt of Tenant's work plans. The plan and specifications review schedule described above does not apply to the City of Kent acting as a govenunental entity issuing pennits and other approvals for the work Tenant is requesting to perform. (2) All improvements shall be constructed in a workmanlike manner without the attachmment of any liens to the Property and shall be completed in compliance with all permits, applicable laws, rules, ordinances, and regulations If any lien is filed, such lien shall be removed from the Property or bonded over, per RCW 60 04.161, within twenty (20) days of the lien being recorded with the King County Recorder's office- b. (1) The Tenant shall rennove the Anterumae Facilities from the Premises upon termination of the Lease. Such removal shall be done in a workmanlike and careful manner and without interference or damage to any other equipment, structures or operations on the Premises, including use of the Premises by Other Provides as described in Section 6 a, Landlord, or any of Landlord's assignees. (2) Upon removal of the improvements (or portions thereof) as provided above in subpart (1), Tenant shall restore the affected area of the Premises and Access Easement, noinzal ivear and tear excluded, to the reasonable satisfaction of the Landlord. (3) All costs and expenses for the removal and restoration to be performed by Tenant pursuant to subparts (1) and (2) above shall be borne by Tenant, and Tenant shall hold Landlord harmless from any portion thereof. LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 3 of 15 (Landloid Gn of cm Tcnnni CleanweLLC) (Angnsi5 2005) (4) If Tenant requests permission not to remove all or a portion of the Improvements upon tennination of this Lease per section 5 b(1), and Landlord consents to such non-iemoval, title to the affected improvements shall thereupon be transferred to Landlord and the saine thereafter shall be the sole and cntne property of Landlord, and Tenant shall be relieved of its duty to othet-i�ise remove same. All othet alterations, improvements and structures located or constructed oin the Premises (except for movable equipment and trade fixtures), shall become the property of Landlord upon terininahon of the Lease, except that Landlord may, by wnrtten notice to Tenant,require Tenant to remove all such improvements upon termination of the Lease. Any personal property, equipment, or other improvements which are not iemoved upon termination of this Lease shall become the property of Landlord, at Landlord's option. c Tenant shall annually post a bond(or, at Tenant's option, a letter of credit) from a s uiety o r b ank r easonably acceptable t o L andlord, i n the amount o f F ifteen T housand Dollars($15,000 000) Landlord may use these funds at the tennination of the Lease for removal of all improvements and repair of the Premises and Access Easement should Tenant not comply with the reguireiuents of this section. d Tenant agrees that there will be a one time cost of Seven Thousand Five Hundred Dollars (S7,500) for light pole replacement. Tenant agrees to pay Landlord the sun of Seven Thousand Five Hundred Dollais ($7,500), upon execution of this Lease. 6. Use by Other Providers. a. Tenant shall cooperate with each new Other Provider that Landlord leases to in connection with the Other Provider locating and placing its antennas and other facilities on the Premises and in the ancillary support facilities. b. Each new Other Provider shall be solely responsible for the cost of locating and placing its equipment on the Premises. The Other Provider shall also be responsible for any liabilities that arise from the Other Provider's use of the Premises. 7. Net Lease. Landlord shall not be required to make any expenditures of any kind in connection with this Lease or to male any repairs or improvements to the Pienuses of Access Easement The parties agree that this is a net Lease intended to assui-e Landlord the rent reserved on an absolute net basis. In addition to the Monthly Rent reserved above, Tenant shall pay to the parties entitled thereto all taxes, assessments, insurance premiums, maintenance charges, and anv other direct charges, costs and expenses against the Premises and Access Easement which nay be contemplated under any provisions of this Lease. S Maintenance. a. Tenant shall, at its own expense, maintain the Premises, Access Easement, , and all improvements, equipment and other personal property on the Premises in good woiking order, condition and repair. Tenant shall keep the Premises and Access Easement tree of debris and anything of a dangerous, noxious or offei>sive nature or which would create a hazard or LEASE AGREEMENT AT WILSON PLAYFIELDS-Page 4 of 15 (Lnndlord Can of l,r,,t T vrnat CL aiimcTLC) (Aogust5,2005) i undue vibration, heat, noise or interference. Tenant shall install, maintain, and replace, when necessary, all landscaping required by Exhibit D and City of Kent permits. b In the event the Landlord or any other tenant undertakes pannhng, construction or other alterations on the Landlord's Property described in Exhibit A, Tenant shall take reasonable measures, at Tenant's cost, to cover Tenant's equipment, personal property or Antennae Facilities and protect them from paint and debris fallout which may occur during the painting, construction or alteration process This requirement shall not be interpreted as a waiver ' of any claim Tenant may raise either against Landlord or any third party due to the Landlord or the third parties' negligence, so long as Tenant has taken reasonable measures to protect Tenant's egmpment, property, and facilities as required above. ' 9. Access. Landlord and its agents shall have the right to enter the Premises at reasonable times to examine and inspect the Premises; provided, however, that in no event will Landlord, its employees. agents or contractors remove, relocate, alter, modify or otherwise tamper with Tenant's Antennae Facilities. Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises at all times during the term of this Lease. 1 10. Utilities Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 11. License Fees. Tenant shall pay, as they become due and payable, all fees, charges, taxes and expenses required for licenses and/or permits required for or occasioned by Tenant's use of tlne Prenmses and Access Easement. i 12. Approvals, Compliance with Laws. Tenant's use of the Premises and Access Easement is contingent upon its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate its Antennae Facilities in accordance with site standards, statutes, ordinances, rules and regulations now in effect or that may be issued thereafter by the Federal Communications Commission or any other governing bodies. 13. Interference. ' a. Tenant's installation, operation, and maintenance of its transmission facilities s hall n of d amage o r i merfere nn any w ay with Landlord's activities on t he P roperty Tenant agrees to correct, within thirty (30) calendar days, all such actions which materially interfere with Landlord's use of the Property. Tenant agrees to promptly commence good faith efforts to cure interference upon actual notice of such interference If the interference cannot be corrected without Tenant's wneless signal coverage goals from the Premises being materially impacted, Tenant shall have the tight to terminate the Lease. ' b. Before approving the placement of Antennae Facilities, Landlord may obtain, at Tenant's expense, an interference study indicating whether Tenant's intended use will interfere with any existing communications facilities on the Property. ' LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 5 of 15 (Landfall Citt ol-heir, Tenaw Clcai iiwc UO (Augns15,2005) C. In the event that an Other Provider requests a lease from Landlord to place any type of antennae or tiansnussion facility on the Premises, Landlord shall submit a proposal complete with all technical specifications reasonably requested by Tenant to Tenant for nevtew For noninterference, however, Landlord shall not be required to provide Tenant with any specifications or unfornnatton claimed to be of a proprietary nature by the third party The Otlier Provider shall be responsible for the reasonable cost of preparing the technical specifications for its proposed transmission facility. Tenant shall have fifteen (15) calendar days following receipt of said proposal to make any objections thereto, and failure to make any objection within said fifteen (15) calendar day period shall be deemed consent by Tenant to the installation of Antennae or transmission facilities pursuant to said proposal. If Tenant gives notice of objection due to interference during such fifteen (15) calendar day period and Tenant's objections are ' verified by Landlord to be valid, then Landlord shall not proceed with such proposal unless the Othei Provider modifies the proposal in a manner detemmned, in Landlord's reasonable judgnnent, to adequately eliminate reasonable interference concerns asserted by Tenant In that case, Landlord may proceed with the proposal. In the event the Other Provider actually interferes with the opeiatwns of Tenant. Landlord shall make good faith efforts to have the Other Provider cease opetatton until the interference can be eliminated A governmental unit may be allowed to place Antennae or other communications facilities on the Premises as long as there is no interference with Tenant's use 14. Default It shall be a default i£ a. Tenant defaults in the payment of Monthly Rent or any other sums payable to Landlord when due, and does not cute such default within fifteen (15) calendar days after written notice from Landlord, b. Tenant abandons or vacates the Premises for a period longer than thirty ' (30) days, c Tenant fails, at any time during this Lease (including optional renewal periods), to conforni or comply with any local land use, regulatory, or building permit conditions issued by the City in connection with the construction, operation, or maintenance of Tenant's-facilities contemplated in this Lease; d. Tenant is aqludicated as bankrupt or makes any assignment for the benefit , of creditors. e. Tenant becomes insolvent; or ' f. Either party defaults in the performance of any other covenant or condition of this Lease and does not cure such other default within thirty(30) calendar days after written notice horn the non-dclaulting petty specifying the default at issue; provided, however, that neither party will be in non-nnonetary default under this subsection if it commences cueing such default with such 30-day period and thereafter diligently prosecutes the cure to completion. LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 6 of 15 (Lmtdlo✓d Cmgj'Ac+tl, Tcncio Clew wiicLLC) (AiTus75 2005) 1 f ' 15. Cure by Landlord. In the event of any default of this Lease by Tenant, the Landlord may at any time, alter notice, cute the default foi the account of and at the expense of the Tenant If Landlord is compelled to pay or elects to pay any sunm of money or to do any act which will require the payment of any sum of money or is compelled to incur any expense, mcludtng reasonable attorney fees in institutnmg, prosecuting or defending any action to enforce the Landlord's rights under this Lease, the sums so paid by Landlord, with all inteiest, costs and damages shall be deemed to be Additional Rent and shall be due from the Tenant to Landlord on the first day of the month following the incurring of the respective expenses. If Tenant disputes the appropriateness of the Additional Rent in good faith, Tenant will pay such Additional Rent "under protest'. Any paynnent under protest by Tenant shall not be considered an admission of arability or a waiver of Tenant's rights under this Agreement, and such payment shall be subject to refund if Tenant's position is upheld by a court. 16 Optional Termination Except for instances of default as set forth in Section 14, this Lease m ay b e t enmi hated (a) b y T errant i f it is u sable t o obtain or maintain a ny 1 icense, permit, or other governmental approval necessary for the construction and/or operation of the Antennae Facilities or Tenant's business, (b) by L andloid upon ninety (90) days prior wntten notice to Tenant, if the Landlord decides, in its sole discretion for any reason, to discontinue use of the Premises for city or public purposes, (c) by Landlord if it determines through verifiable scientific evidence that continued a se o f the Premises b y Tenant i s i n fact a threat to health, safety or welfare; (d) by Landlord if Tenant's use of the Premises violates applicable laws or ordinances; or (e) by Landlord if Tenant loses its license to provide PCS/cellular service for any reason, including, but not limited to, non-renewal, expiation, or cancellation of its license. 17 Damages and Attorney's Fees. In the event of an instance of Tenant's default as identified in Section 14 or Tenant's optional tenu nation in Section 16, Landlord shall be entitled to the amount of unpaid rent accrued through the date of termination; and liquidated damages in the amount of sip: (6) months rent. If it becomes necessary for the Landlord to use an attorney and/or bring suit for damages or possession, or if Tenant shall bring any action for any relief against Landlord, declaratory or otherwise, arising out of this Lease, the prevailing party shall have and recover against the other party in addition to the cost allowed by laws, such sum as the court play aeliudge to be reasonable attorney's fees. 18. Termination; Notice. Except as otherwise provided above in Section 16(b), any notice of termination pursuant to Section 16 shall be given to the other party in writing at least thirty (30) calendar days prior to the terinmation date in accordance with the provision of Section 28 19. Damage or Destruction If Tenant's improvements or any portion thereof are destroyed or damaged so as to materially hinder effective use of the Premises through no fault or negligence of Tenant, Tenant may elect to tennnmate this Lease upon thirty (30) calendar days' written notice to Landlord. In such event, Tenant shall promptly remove all improvements from the Premises as set forth in Section 5(b) above This Lease (and Tenant's obligation to pa} lent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence, at which terrinuatioii Tenant shall be entitled to the reuubuisement of any Monthly Rent prepaid by LEASE AGREEMENT AT WIL SON PLAYFIELDS—Page 7 of 15 (Landio,,' Cut of kei! Tenant Ckaty tie LLC) (Augasi 5.2005) Tenant Landlord shall have no obligation to repair any damage to any portion of the Premises or Access Easement. 20. Condemnation. In the event the Premises are taken by eminent domain, this Lease shall temmnate as of the date title to the Premises vests in the condemning authority. In the event a portion of the Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer,by giving thirty (30) days written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full amount of such award Tenant shall hereby expressly waive any right or claim to any portion of all damage awards, whether awarded as compensation for diminution in value of the leasehold or the fee of the Premises. Tenant shall have the right to claim and recover from the condemning ' authority, but not from Landloid, such compensation as may be separately awaided or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, Antennae Facilities, and leasehold improvements 21. Indemnity. ' a. Disclaimer of Liability: Landlord shall not at any time be liable for iniury or damage occur ng to any person or property from any cause whatsoever arising out of Tenant's negligent construction, maintenance, repair, use, operation, condition or dismanihng of the Premises, Access Basement, Tenant's Antennae Facilities, and any other improvements made by Tenant ' b. Indennnification: Tenant shall, at its sole cost and expense, indemnify and hold harmless Landlord and all associated, affiliated, allied and subsidiary entities of Landlord, now existing or hereinafter created, and their respective officers, boards, commissions, employees. agents, attorneys, and contractors (hereinafter referred to as "Indennnitees"), from and agamst (1) Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), whtch may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any intentional or negligent act or omission of Tenant, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury, sickness, disease of death to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander, invasion of privacy and unauthorized use of any trademark, trade name, copyright, patent, service mark or any other right of any person, fine or corporation, which may arise out of or be in any way connected with the construction, installation, operation, maintenance, use or condition of Tenant's Anteimae Facilities, Tenant's use of the Premises and Access Easement, Tenant's other improvements, or Tenant's failure to comply with any federal, state or local statute, ordinance of regulation. (2) Any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 8 of 15 (Landlord Cm afKent Tenant Cicapimc LLC) (4ugusO 005) expenses of attorneys, expert wmhresses and other consultants), which are unposed upon, incurred by or asserted against the htdenunitees by season of any claim or lien arising out of work, labor, materials om supplies provided by or supplied to Tenant, its contractors or subcontractors, for the installation, construction, operation, manttenance or use of the Premises, Access Easement, Tenant's Antennae Facilities, Tenant's other improvements. Tenant shall cause such clann or lien covering Landlord's P roperty to b e discharged o r b onded p er the requirements T it s ection 5 (a)(2). (3) Notwithstanding the foregoing, Tenant shall not indemnity, defend or hold harmless Landlord for any liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses or expenses (uicludulg, without linutatiou, reasonable fees and expenses of attorneys, expert witnesses and othet consultants), arising out of the Indenurttee's negligence or willful nnsconduct. C. Assumption of Risk: Tenant undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees all risk of dangerous conditions, if any, on or about the Premises and Access Easement Tenant's assumption of risk shall not apply to any latent defects or other dangerous situation, if Landlord knows or should know that defect or situation to exist but has not disclosed that information to Tenant. ' d Defense of Indeninrtees: In the event any action or proceeding shall be brought against the hndenuutees by reason of any matter for which the Indennutees are indemnified hereunder, Tenant shall, upon notice from any of the Indemnitees, at Tenant's sole cost and expense, resist and defend the saute; provided however, that Tenant shall not admit liability in any such matter on behalf of the Indennntees without the written consent of Landlord and provided further that ludemmnrtees shall not admit liability for,nor enter into any compromise or settlement of, any claun for which they are indemnified hereunder, without the prior written consent of Tenant. ' e. Notice, Cooperation and Expenses: Landlord shall gyve Tenant prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section 21. Nothing herein shall be deemed to prevent Landlord fronn cooperating with Tenant and particrpaitng In the defense of any litigation by Landlord's attorney so long as the participation is coordinated with Tenant's attorney. Tenant shall pay all expenses incurred by Landlord in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as the reasonable value of any set-vices rendered by the Landlord's attorney, the actual expenses of Landlord's agents, employees, or expert witnesses; and disbursements and liabilities assumed by Landlord in connection with such suits, actions or proceedings Prov ided, however, these etipenses shall not include attornevs' fees for services that ate unnecessarily duplicative of sertiices provided Landlord by Tenant. 22, Insurance. ' LEASE AGREEMENT AT W ILSON PLAYPIELDS—Page 9 of 15 (Land7md CO, ofKcvt 7-nivrt CcmlrueLLC) (4ugust5 2005) a. Twe and Amount: During the tern of the Lease, Tenant shall maintain, or cause to be maintained, i❑ full force and effect and at its sole cost and expense, the following types and limits of insurance: (1) Worker's Compensation insurance meeting applicable statutory requirements and ennployei's liability insurance with mrnnnni limits of One Hundred Thousand Dollars ($100,000) for each accident. (2) Comprehensive Commercial General Liability insurance written on an occurrence basis with limits no less than One Million Dollars ($1,000,000) combined single limit per occurs ence and in the aggregate for bodily injury, personal injury and property damage The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability, independent contractor's Inability. coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage (3) Automobile Liability insurance covering all owned, hired, and non-owned vehicles in use by Tenant, its employees and agents, with personal protection , insurance and property protection insurance to comply with the provisions of state law with minimum, limits of One Million Dollars ($1,000,000.00) as the combined single limit for each occurrence for bodily injury and property damage (4) Excess Liability insurance with limits not less than Four Million Dollars ($4,000,000.00) per occurrence and in the aggregate. (5) At the start of and during the period of any constriction, builders all-risk insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to the installation of the Antennae Facilities. Upon completion of the installation of the Aitemrae Facilities, Tenant shall substitute for the foregoing insurance policies of fue, extended coverage and vandalism and malicious mischief insurance on the Antennae Facilities The amount of insurance at all titles shall be representative of the insurable values installed or , constructed. (6) All policies other than those for Worker's Compensation shall be written on an occurrence and not on a claim made basis. (7) The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. b Additional Insureds: All policies, except for business interruption, the policies specified in Section 22.a(5) and workei's compensation policies, shall list Landloid and its officials, officers, employees, agents and assigns, as then-respective interests may appear, as additional insureds (herein referred to as the "Additional Insureds"). Each policy, which is to be endorsed to list Additional Insureds hereunder, shall contain cross-liability wording, as follows: LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 10 of 15 ' (Landioid Ciq of Kent, Tenmu Ocanvue LL0 (Angnsi 5 2005) In the event of a claim being made hereunder by one insured for winch a nother i nsui ed is or maybe I cable, then t hi s p ohcy shall covet such tnsuied against whom a clams is or inav be made in the saine mariner as if separate policies had been issued to each insured hereunder. e Evidence of hnsurance: Certificates of insurance or self insurance for each insurance p olicy r equu ed to b e obtained b y Tenant t o compliance with this S ecti on,together with a copy of the endorsement listing the Landlord as additional insured shall be provided to Landlord prior to the Commencement Date. Tenant shall also provide Landlord written evidence of payment of required premiums annually during the teen of the Lease. Tenant shall immediately advise Landlord of any claim or litigation that may result in liability to Landlord. d. Cancellation of Policies of Insurance: All insurance policies maintained pursuant to this Lease shall contain the following endorsement: At least thirty (30) days prior written notice shall be given to Landlord by the insurer of any intention (a) not to renew, (b) to cancel, or (c) to reduce the coverage afforded under this insurance policy. Such notice shall be given by registered mail to the Landlord e. Insurance Companies- All insurance shall be effected under valid and enforceable policies, insured by insurers licensed to do business by the State of Washington or surplus line carriers on the State of Washington Insurance Commissioner's appioxed list of companies qualified to do business in the State of Washington. All insurance carvers and surplus line carriers shall be rated A- (VIII) or better by AM Best Company f. Deductibles: Any payment of deductible or self-insured retention shall be the sole responsibility of the Tenant. g. Contractors Tenant shall require that each and every one of its contractors and their subcontractors who perform work on the Premises and Access Easement cary, in full force and effect, workers' compensation. comprehensive public liability and automobile liability insurance coverage of the type which Tenant is required to obtain under the terms of this paragraph with appropriate limits of insurance. ' h Review of Limits: Once during each calendar year during the term of this Lease, Landlord may review the insurance coverage to be carried by Tenant. If Landlord reasonably detennrnes that higher limits of coverage are necessary to protect the interests of Landlord or the Additional Insureds, Tenant shall be so notified and shall obtain the additional limits of insurance, at its sole cost and expense 23 Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Premises and Access Easement will not generate any hazardous substance, and it will not LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 11 of 15 (10,01o'd Crn nJ hair, tenant Clcm in u c LLC) (August 5,2005) negligently or intentionally store, or dispose, of transport over the Premises and Access Easement any hazardous substance in violation of any federal or state law. Tenant further agrees to hold Landlord liatznless from and indemnify Landlord against any release of any such hazardous substance and any damage, loss, or expense or liability resulting fiom such release includur- all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the neghgence of Landlord, its employees of agents Similarly, Landlord wanants that the Premises and Access Easement are free of any hazardous substances and agrees to indemnify and hold Tenant harmless from the Landlord's negligent or intentional introduction of any hazardous substance by Landlord. "Hazardous substance" shall be interpreted broadly to mean any substance of material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local enviromnental law, regulation or rule presently in effect or promulgated in the fixture, as such laws, regulations or rules may be arnended from time to time, and it shall be nteipreted to include.but not be limited to, any substance which after release into the envirornnent will or may reasonably be anticipated to cause sickness, death or disease. 24. Holding Over Any holding over after the expiration of the term hereof, with the consent of the Landlord, shall be construed to be a tenancy from month to month and Monthly ' Rent shall be paid by Tenant at two tires the rents herein specified and shall othenti ise be on the terms and conditions herein specified, so far as applicable 25 Subordination to Mortgage Any mortgage now or subsequently placed upon any ' Property of whicli the Premises are a part shall be deemed to be prior in time and senior to the rights of the Tenant under this Lease. Tenant subordinate all of its interest in the leasehold estate created by this Lease to the hen of any such mortgage. Tenant shall, at Landlord's request, execute any additional documents necessary to indicate this subordination within ten (10) days of written request by Landlord; provided that such documents include provisions by which Landlord's mortgagees agree that Tenant's use and quiet enjoyment of the Premises and Access Easement will not be disturbed so long as Tenant is not in default under this Lease 26 Acceptance of Premises. With the exception of latent defects and any hazardous substance contamination existing prior to the Conunencement Date, by taking possession of the Premises. Tenant accepts the Premises and Access Easement in the condition existing as of the Commencement Date. Landlord makes no representation or warranty with respect to the condition of the Premises or Access Easement. 27. Estoppel Certificate. Tenant sliall, at any time and from time to time upon not less than thirty (30) days prior request by Landlord, deliver to Landlord a statement in writing certifying that (a)the Lease is unmodified and in tull force (or if there have been modifications, that the Lease is in full force as modified and identify the modifications); (b) the dates to winch rent and other charges have been paid, (c) so far as the person making the certificate knows, Landlord is not in default under any provisions of the Lease; and (d) such other matters as Landlord may reasonably request. LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 12 of 15 t (Lmndlord Cm ofhenl Tcnam ClownwcLLC) (4rignsi5,2005) i t 28. Notices All notices, requests, demands, and other eoimnunicatioils hereunder ' shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or by a nationally recognized courier sentce, to the following addresses: If to Landlord, to: Facilities Manager City of Kent ' 220 Fourth Avenue South Kent, WA 98032 With a copy to: City Clerk Crt} of Kent 220 Fourth Avenue South Kent, WA 98032 If to Tenant, to: Cleanvire, LLC 5808 Lake Washington Blvd,NE Suite 30012920 SE 38`" Street Kirkland, WA 98033 Attn PCS Lease Administrator With a copy to: Clearnvire, LLC c/o CLS Gioup Attn- Site Acquisition Agent 29 Assignment and SubletttnQ. a. Tenant shall not sublet all or any part of the Premises. Tenant shall not assign its interest in this Lease without Landlord's prior written consent, which will not be unreasonably withheld. Consent by Landlord to any assignment shall not constitute a waiver of the necessity of such consent to any subsequent assignment. This prohibition against any assigmnent or subletting shall be construed to include a prohibition against any subletting or assignment by operation of law If this Lease is assig�ied, Landlord may collect rent from the assignee, and apply the net amount collected to the rent and other obligations of Tenant hereunder reserved C onsent by Landlord to an a ssignnuent shall not be d eemed a waiver or release of Tenant from the further performance by Tenant of the covenants on the part of Tenant hereunder contained. b. If Tenant is a corporation, partnership, or limited liability company, and if the control thereof changes at any tmie during the tern of this Lease, then Landlord at its option may, by g)ving ten (10) days prior written notice to Tenant, declare such change a breach of this LEASE AGREEMENT AT WILSON PLAYFiELDS—Page 13 of 15 (Landlord Cm o%Kcpa Tenmt [lcnnwe LLC) (Angnst 5 2005) 1 section unless Landlord has previously approved in writing the new controlling party or unless Landlord's approval is not required pursuant to Section 29 d, below. C. Any person or entity to which this Lease is assigned pursuant to the provisions of the Bankruptcy Code, 11 USC §101, et seq , shall be deemed without further act to have assumed all of the obligations of Tenant arising under this Lease on and after the date of such assignment Any such assignee shall upon demand execute and deliver to Landlord an instrument confrnmrg such assumption. Any Monies or other considerations payable or otherwise to be delivered in connection with such assignment shall be paid to Landlord, shall be the exclusive property of Landlord, and shall not constitute property of the Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code Any monies or other considerations constituting Landlord' s pioperty under the preceding sentence not paid or delivered to Landlord shall be held in trust for the benefit of Landlord and be promptly paid to Landlord d. Notwithstanding anything to the contrary in this Lease, Tenant shall have the right to assign this Lease without Landlord's consent to any of Tenant's partners or affiliates. 30. Other Leases. Nothing in this Lease shall pueclude Landlord from leasing other space for communications equipment to any person or entity who may be in competition with Tenant, or any other party , 31. Successors and Assioais. This Lease shalt run with the Premises and be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 32. Non-Waiver Failure of either party to insist on strict perfomaance of any of the conditions, covenants, terns or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but such party shall have the rights to enforce such rights at any time and take such action as might be lawful or authorized hereunder, either in law or equity. The receipt of any sum paid by Tenant to Landlord after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing. 33. Taxes. a. Tenant shall pay all real and personal property taxes (or payments in lieu of taxes) and assessments for the Premises and Access Easement that are directly the result of Tenant's communication equipment, if any, which become due and payable during the term of this Lease. All such parents shall be made, and evidence of all such payinents shall be provided to Landlord, at least ten (10) days prior to the delinquency date of the payment Tenant shall pay all taxes on its personal pioperty on the Premises. b. Tenant shall indemnify Landlord from any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 14 of 15 (Landlord C1e) of lieu Tenenl Clem wie LLC) (Aazim 5,?005) may be unposed upon, incurred by or be asserted against Tenant in relation to the taxes owed or assessed on Tenant's Property on the Premises c If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for any portion of the property taxes and special assessments now imposed on property there is imposed a tax upon or against the rentals payable by Tenant to Landlord, Tenant shall pay those amounts in the same manner as provided for the payment of real and personal property taxes 34. Miscellaneous. a. Landlord and Tenant represent that each, respectively, has full right, power, and authoiity to execute this Lease b. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any land. Theie are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. C. This Lease shall be construed in accordance with the laws of the State of Washington. Venue andjurisdnction of any lawsuit ansing out of the performance or obligations of this lease shall be in the King County Superior Court, Kent Regional Justice Centel, Kent, Washington d. If any tern of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect THIS LEASE IS EXECUTED and shall become effective on the last date indicated below. LANDLORD: TENANT: CITY OF BENT CLEARWIRE, LLC. ' By: By: Print Name: Print Name 1 Its Mayor Its: Date- Date: APPROVED AS TO FORM: ATTEST: Kent Law Department BRENDA JACOBER, KENT CITY CLERK P Cnd FILLS OIwnfdec'lBGtCie:nWimLLI'Lcaa-W dmnPlayfields doe LEASE AGREEMENT AT WILSONTT PLAYFIELDS—Page 15 of 15 (Landlord Cut oftiva Tenam CleatwveLLC) (Augusi5.2005) EXHIBIT A, LEGAL DESCRIPTION OF LANDLORD'S PROPERTY PARCEL A: j THE NORTH 3.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE WEST 85.00 FEET OF THE EAST 503.59 FEET OF THE SOUTH 130.00 FEET OF THE NORTH 160.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH RANGE 5 —EAST, W.M. IN KING COUNTY, WASHINGTON. (A.K.A. PARCEL A OF CITY OF KENT LOT LINE ADJUSTMENT $LL-2002-2, RECORDED UNDER KING COUNTY RECORDING NUMBER 20020213000170.) PARCEL 8: THE NORTH 3.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: LOT 2 OF ZKOW PARK SHORT PLAT SP 497-32, RECORDED UNDER R114G COUNTY RECORDING NUMBER 980217g012, BEING A PORTION OF THE NORTHEA.^,T QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON. TOGETHER WITH THE NORTH 3.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE SOUTH 130.00 FEET OF THE NORTH 150.00 FEET OF THE EAST 90.00 FEET OF THE LEST 985.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUP.P.TER OF SECTION 21, TOWNSHIP 22 NORTH, RANGE 5 EAST, WM, IN KING COUNTY, WASHINGTON. (A.K.A. PARCEL S OF CITY OF KENT LOT LINE ADJUSTMENT TILL-2002-2, RECORDED UNDER KING COUNTY RECORDING NUMBER 20020213000170. ) LEASE AGREEMENT—EXHIBIT A (L<nj.Uord ('jell of Kent, 1'enani (learn e e LL0 i 1 CLEAR WIRE 97LSON PLA YFIELD WA-TAC134 A PROPOSED LEASE AREA PROPOSED LEASE AREA DESCRIPTION 1 THAT PORTION OF PARCEL"B"OF CITY OF KENT SNOW PARK LOT LINE ADIUS TMENT No. i LL-2002-2 AS RECORDED UNDER KING COUNTY RECORDING No 20020213000170 DESCRIBED AS FOLLOWS: CON QvIENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 21,TOWNSHIP 22 NORTH,RANGE 5 EAST,W.M; I THENCE N88054'57"W ALONG THE NORTH LINE OF SAID SUBDIVISION,A DISTANCE OF 41&64 FEET, THENCE SO100t'02"W, A DISTANCE OF 30 00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL'B"; 'THENCE CONTINUING S01001'02"W ALONG THE WESTERLY LINE OF SAID PARCEL"B", A DISTANCE OF 505 00 FEET TO AN ANGLE POINT OF SAID ' PARCEL"B"; THENCE S8805457"E A DISTANCE OF 3.74 FEET TO THE TRUE POINT OF BEGINNING OF THIS LEASE AREA DESCRIPTION, THENCE CONTINUING S88054'57"E, A DISTANCE OF 6 00 FEET; THENCE S01057'22"W,A DISTANCE OF 7.00 FEET, THENCE N88054'57"W,A DISTANCE OF 6 00 FEET, THENCE N01°57'22E,A DISTANCE OF 7 00 FEET TO THE TRUE POINT OF BEGINNING SITUATE IN THE COUNTY OF KING, STATE OF W ASHINGTON. C• MC O�WASI��fQ O. Z. a 0 • 0 e�eesaum b ,Z'fr✓"�� C I CLEAR WIRE WILSON PLAYFIELD WA-TAC134-A PROPOSED ACCESS EASEMENT PROPOSED ACCESS EASEMENT DESCRIPTION A 30-foot easement for ingress & egress, 15 (fifteen) feet on each side of the , following described centerline: Commencing at the southeast corner of Lot 1, Snow Park Short Plat Sp- 97-32, as delineated on that survey recorded under Recording Number 9802179012, records King County, State of Washington, Thence N 88 0 54'57" W, along the southerly fine of said Lot 1, a distance of 5 000 (five) feet; Thence S 01 o 05'03" W, perpendicular to said southerly line, a distance of j 7.00 (seven) feet to the TRUE POINT OF BEGINNING of this centerline description; Thence S 00 J 38'07" W, a distance of 420.75 feet to a point 15 00 feet northerly of(as measured at a right ang)e) the south line of Lot 2 of aforementioned Snow Park Short Plat SP-97-32; Thence S 88 0 56'40" E, parallel with said south line, a distance of 376 30 feet to the westerly Right of Way line of 132"` Avenue SE, and the TERMINUS OF THIS LINE DESCRIPTION. The sidelines of this easement description shall be lengthened or , shortened as necessary, to fit within the confines of Lot 2 as delineated on aforementioned Survey recorded under Number 9802179012, records of King County and to the south line of the above described lease area. Situated in the County of King, State of Washington. ro z; r4 O +++ '33135 Q r t EXHIBIT D SCOPE OF WORK TO BE COMPLETED BY CEARW RE LLC Installation of a wireless communications facility at an existing field light pole. A separate lease area of 6'x 7' will be constructed west of the pole m a secured compound tahich will house the radio equipment necessary to operate the facility No construction shall begin until all construction drawings are approved by City of Kent Parks Department. All construction shall be timed to avoid interference with the City of Kent Paiks Department's progiannning of the Property. A construction schedule shall be submtitted, by Clearwire LLC, and appioved, by City of Kent Parks Department prior to construction A preconstruction meeting shall occur piror to the start of construction 1 t Kent City Council Meeting Date February 7, 2006 Category Consent Calendar 1. SUBJECT: 2005 FOURTH QUARTER FEE-IN-LIEU FUNDS — ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept fee-in-lieu funds from developers in the amount of$21,225.00 and authorize the expenditure of funds in the East Hill Skate Park and Mill Creek Canyon Earthworks Park budgets. Ordinance 2975 requires developers to dedicate open space in proximity to new construction sites or to pay "fee-m-lieu" funds. The fee-in-lieu is based on assessed land values. Between October and December 2005, the City received a total of$21,225.00 from developers who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in two subdivisions. Bennett Sherman, LLC paid $10,500 for Goff Short Plat and Skyline Construction paid $10,725.00 for Jessica's Place Development 3. EXHIBITS: Revenue Report 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No-X If no: Unbudgeted Expense: Fund P20105, P20105 Amount $21,225.00 Unbudgeted Revenue: Fund P20013 Amount $21,225 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F C Cl) (,4 LO r QQ J Q Q a a a 0 O O a) (M m a c� U U J C O C U C C a c n � o U m � U N V vMn CJ r. J @ Ia d C O N N N i p O U t0 O 0 Q M � ]C Y n 0 U O J o U ¢ Q O N N M � N d LO O O N O V = 7-O N <2 n c i a 'n u G G;J� Gj ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending the Subdivision Code, Ordinance 2849, establishing a land dedication requirement upon subdividers to provide for public parks and open space; and, alterna- tively, a method to compute fees in lieu of land dedication; amending the Kent City Code to add a new Section 12.04.450, and renumbering Sections 12.04.040 through 12.04.079 to add new Sections 12.04.041, 12.04.046, 12.04.057 and 12.04. 059. WHEREAS, there exists in the City of Kent a general and increasing need for parks, open spaces and recreational facilities to serve the expanding population of the City; and WHEREAS, the need for parks, open space and recreational ' facilities is acute at the neighborhood and community level due to population increases from residential development; and WHEREAS, state statute requires that local governments ; make appropriate provision for the establishment of parks and open space at the time of proposed subdivision approval (RCW 58.17.110) ; and WHEREAS, a system of requiring dedication of suitable land for neighborhood and community parks, open space and recreation facilities or payment of a fee in lieu of such dedication from developers at the time of subdivision approval will more equitably address the needs of the community; and t WHEREAS, the reference to certain areas as established in+ ' the Parks comprehensive Plan as park service areas is necessary for the purpose of defining areas within which land and fees in lieu of dedication will be accepted and utilized to meet community! , , and neighborhood park, open space and recreational needs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 12.04.040 through 12.04 . 079 of the j ,[ Subdivision code (ordinance 2849, as amended) is hereby renumbered and amended to add the following definitions: 12.04.041. Active Recreation. All outdoor recreational activities which involve field and court games. 12 04 046 Community Park A park twenty (20) to forty (40) acres in size which provides off-street parking and serves a Population of 10,000 to 15,000 people located within a two (2) to three (3) mile service radius. 12.04.057. Neighborhood Park. A park five (5) to ten (10) acres in size which may have off-street Parking and serves a loopulation of 2,000 to 10,000 people located within a one-half to , one (1) mile service radius. 2 - i n.o4.o5q, Park Service Area Those three areas located ,! and defined in the Comnrehensive Parks Plan of the City of Kent, ' as adopted by ordinance which shall be used in determining eligibility of land under the dedication requirements of�Section 12.04 .450. herein. j Section 2. The Subdivision Code (Ordinance 2849) is hereby amended to add the following new section: 12.04.450. PARKS AND OPEN SPACE -- DEDICATION OR FEES REQUIRED Approval of all subdivisions located in either single family residential or multi-family residential zones as defined in' the Kent Zoning Code, Title 15, shall be contingent upon the : subdivider's dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the adverse effect effectR of development upon the existing park and recreation service levels. This requirement shall not apply to lots of 43 ,500 square feet or larger in size, planned unit developments or subdivisions of four (4) or less lots. A. CRITERIA FOR DEDICATION. The following criteria shall serve as a basis for the Parks Department's determination whether land proposed for dedication is of sufficient size, character and quality: The proposed area for dedication may be located, either within or without the subdivision for which it is required, but must either be: ! - 3 a.) adjacent to an existing or proposed City ivark site; or D.1 within the same Park Service Area in which the subdivision is located; or p.tj within one mile of the subdivision for which it is required. � The proposed area for dedication shall have characteristics and location which make it suitable for future inclusion into the Kent Parks System, as determined by the Parks Director. with the approval of the Planning Department, , the proposed area for dedication or portion thereof may contain valuable or sensitive environmental features, Preservation of which is consistent with the City's Comprehensive Plan and/or Parks and Recreation Plan. 4. The proposed area for dedication shall, in the determination of the Parks Director, further one or more Comprehensive Plan policies dealing with the open space element, steep slopes as open space wetlands as open space agricultural lands as open space wildlife habitat as open space and heritage sites as open space. 5s All lots within the subdivision for which dedication is required shall have legal and convenient access to the proposed area, at the time of final plat approval. 4 - The area proposed by the subdivider for i (, dedication must consist of an area that is equal or greater in 3 I isize than the size computed as necessary by the Parks Department ; using the formula described in Section 12 04 450(8) herein 7. The area of Proposed dedication shall have a street frontage equal to at least twenty per cent (201) of its Perimeter to allow for regular observation of play areas by residents of the subdivision Alternative design measures that accomplish the same purpose of security may be approved by the City. 8. The topography, soils, hydrography and other physical characteristics of the area proposed for dedication shall; be of such quality as to allow the development of community or neighborhood parks, or to create a flat, dry, obstacle-free space, , on at least fifty per cent (50%) of the total reguired area in a configuration which allows for active recreation; shall have ng known safety hazards; and shall have no known physical problems such as the presence of hazardous waste, drainage, erosion, or flooding that the Director determines would cause inordinate demands upon Public resources for maintenance and operation of the; property to be dedicated to the City. 9.t_ Dedication to a Homeowner's Association. If it is determined that the public interest would be served the land may be conveyed to a homeowner's nonprofit maintenance corpora- tion In this instance the subdivider shall at or prior to the time of filing a final plat for approval supply the Planning Department with copies of the articles of incorporation and bylaws of the grantee organization together with evidence of the conveyance or of a binding commitment to convey. The articles - 5 I of incoKporation shall provide that membership in the corporation shall be conditioned upon ownership of land in the subdivision that the corporation is empowered to assess the land for costs of , construction and maintenance of the improvements and property owned by the corporation and that the assessment shall be a lien upon the land. The City Attorney shall review and approve the articles of incorporation and bylaws as to compliance with this provision. The Council may impose other conditions as it deems appropriate to assure that property and improvements owned by the corporation will be adequately constructed and maintained. B. AMOUNT OF LAND TO BE DEDICATED. Subdividers who dedicate open space or Park land pursuant to this section shall set dedicate five (5) percent of the total property being subdivided. C. FEE-IN-LIEU OF OPEN SPACE. Unless a subdivider dedicates land in accordance with this Section in order to mitigate the direct impacts identified as a consequence of the proposed development the Citv's final approval of the subdivision shall be contingent upon payment of a park development fee from the subdivider to the City. 1. COMPUTATION OF FEE. The fee in lieu of land dedication for parks and open space shall be determined by multiplying the following two factors: a. ) One hundred and fifty (150) percent of the average assessed value per unit area of land within the boundaries of the subdivision; and 6 - b.]_ ;the cross land area within the subdivision� `multiplied by five (5) per cent as set forth in Section jfig 04 450(B) above The average assessed value shall be that for the year in which the subdivision is granted preliminary plat I ' approval computatiQns shall be base!upon King County Assessor information. 2. USE OF FEE BY CITY The fee-in-lieu of (dedication shall be held in a reserve account at the City, and may !' only be expended to fund a capital improvement that has been ' agreed upon by the parties to mitigate the identified direct impact of the development. 3. TIME LIMITS ON EXPENDITURE. The payment shall be expended in all cases within five (5) years of collection. D. TIME OF PERFORMANCE. When approval of a subdivisioni is conditioned upon the dedication of land or the payment of any tees-in-lieu of dedication, a final plat or short plat shall not be recoKded until: 1_. The Parks Director has determined in writing jthat any land to be dedicated is shown on the face of the final 1plat or short plat, or a deed conveying the land to the City has been recorded with the King County Department of Records and 1 Elections. 2. I Conveyance of land to a homeowner's association; ishall be done within the time frames specified in Section 1 12.04.450 (A) (9) . � i - 7 1 the instrument conveying the land to the city ,; has been trAnsmitted to the City Council for acceptance of the ; dedication by ordinance. , j 4. Payment of any fees in-lieu-of-dedication have i , been made to the City Finance Department. FL.- REFUND OF FEE, Any t>avment of fees made pursuant to this Section that have not been expended within five (5) years of ; collection shall bg refunded with interest at the rate applied to judgments to the property owners of record at the time of the refund. PROVIDED. HOWEVER, that if the payment is not expended within five years due to delay attributable to the developer, the Payment shall be refunded without interest. F. APPEALS. Appeals of dedication requirements or , fees-in-lieu-of-dedication imposed pursuant to this Section 12 04 450 shall be governed by the provisions of Chapter 2. 54 of the Kent City Code. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subsection or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. , 1 i Section 4. Effective Date. This ordinance shall take ; effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. t � ��-=y.^•vim- _.., DAN KELLEHER, MAYOR ATTEST: x \ Q LQ . ��✓ IBRENDA JACOBER, ACT NG CITY CLERK , APPROVED AS TO FORM: ; ROc R A. LUBOVICH, CITY ATTORNEY PASSED the day of )�Q 2��-� , 1991. APPROVED the day of 1991. � f I PUBLISHED the day of �` �� 1 , 1991. _I hereby certify that this is a true copy of Ordinances No. �� 75 , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereo� indicated. (SEAL) i BRENDA JACOBER, CTING CITY CLE K 9410-330 9 - Kent City Council Meeting Date February 7, 2006 Category Consent Calendar 1. SUBJECT: KING COUNTY PARKS YOUTH SPORTS FACILITY GRANT — ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the King County Parks Youth Sports Facility Grant of$35,000 00 to fund the West Fenwick Park Basketball Court Project, and approve the expenditure of funds in the West Fenwick Park Renovations budget. L Staff applied to the King County Parks Youth Sports Facility Grant program for the West Fenwick Park Basketball Court Project. The existing half-basketball court will be moved to a new, safer location in the park and expanded to a full court Other improvements to the park will include construction of a new restroom/picnic shelter building, expansion of the parking lot to add 15 parking stalls, relocation of the ADA stalls and paving the entry from the parking lot to the new restroom. 3. EXHIBITS: King County Parks Award Letter and Grant Agreement #D36069D 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure') X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund P20061 Amount $35,000.00 Unbudgeted Revenue- Fund P20061 56710 Amount $35,000 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION: Council Agenda Item No. 6G Parks and Recreation Division Department of Natural Resources and Parks King Street Center Building KSC-NR-0700 201 South Jackson Street Seattle, WA 98104-3855 2116-296-8687 December 14, 2005 Mr. Perry Brooks, Project Manager Kent Parks and Recreation 220 4th Avenue South Kent, WA 98032 Re: Youth Sports Facility Grant Award Notification Dear Perry: Congratulations again on your King County Parks Youth Sports Facility Grant(YSFG) award for the West Fenwick Park Basketball Court in the amount of$35,000. Enclosed are two copies of the contract. Please return both copies with authorized signatures and completed exhibits. The contracts need to be returned no later then March 31,2006. if we do not receive completed contract packets by this date, grant fiords will be in jeopardy of being returned to the progiam and awarded to another entity. Please do not hesitate to call if you have any questions regarding the contract procedures. You will receive an executed contract with a"Letter to Proceed" once we've received and signed the contracts. King County Parks and Recreation is pleased to be working with you on this exciting community project. I can be reached at 206.263.6267 or butch lovelacQinetroke.gov should you have any questions. Sincerely, Butch Lovelace YSFG Program Manager cc: Kiwanis Club of Kent King County Det'artment of Natural Resources and Parks Parks and Recreation Division YOUTH SPORTS FACILITY GRANT CONTRACT-2006 Department/Division Natural Resources and Parks J Parks Division Agency. KeutParks and Recreation Project Title- West Fenwick Pa rk Basketball Court Contract Amount: S 35,000 Fund Code: 1638 Contract Period From January 1,2006 To December 31,2007 Contract Number: D36069D THIS CONTRACT is entered into by KING COUNTY (the "County'), and Kent Parks and Recreation (the "Agency"). «,-bose address is 220 4th Avenue South,Kent,WA 9S032 , WHEREAS,King County is the manager of the Youth Sports Facility Grant(YSFG) Program, WHEREAS, the Agency is either a public agency or a non-profit organization whose land or facility will provide recreational or athletic opportunities pi imanly to youth under 21 years of age, WHEREAS, King County has selected the identified agency to be awarded a Youth Sports Facility Grant to assist in capital improvements for increased recreational opporttunties. WHEREAS, the Agency and/or landowner whose property will receive these improvements will develop, program operate,and maintain the facility to address a recreation need in King County, WHEREAS, King County has the authority under KC Ordinance 10454 to enter into agreements for the use of King County funds by public agencies and/or non-profit organizations to provide a service to the pub]ic, This form is available in alternate formats for people with disabilities upon request. NOW THEREFORE, in consideration of payments, covenants, and agreements hewinafter mentioned, to be made and performed by the patties hereto, the parties covenant and do mutually agree as follows: 1. SCOPE OF SERVICES The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits,which are incorporated herein by reference: ❑ Scope of Services Attached hereto as Exhibit I ❑ Budget Attached hereto as Exhibit 11 ❑ Timeline Attached hereto as Exhibit III ❑ Invoice Voucher Attached hereto as Exlubrt IV ❑ Design Documents Attached hereto as Exhibit V ❑ Insurance Certificate Attached hereto as Exhibit VI ❑ W-9 Attached hereto as Exit bt VII ❑ Use Agreement Attached hereto as Exhibit VIII ❑ Personnel Inventory Report(K.C.0 12.16) Attached hereto as Exhibit IX ❑ Affidavit of Compliance(K.C.C. 12.16) Attached hereto as Exhibit X ❑ Assurance of Compliance/Section 504 Attached hereto as Exhibit XI 2. TERM OF CONTRACT This Contract shall commence on the 1 st day of January, 2006, and shall expire on the 31 st day of December, 2007, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract 3. PREMISES This grant project is located at: Commonly known as West Fenwick Park Basketball Court, and referred to herein as "the Premises." 4. PARTIES All communication, notices,coordination,and other tenets of this Contract shall be managed by: On behalf of King County: II Butch Lovelace,YSFG Program Manager King Comity Department of Natural Resources and Parks 201 South Jackson St, Suite 701 Seattle, WA 98104-3855 Email: butch.lovelaceia?metrokc Rov Phone-206 263 6267 i On behalf of. Perry Brooks Kent Parks and Recreation 220 4th Avenue South Kent. WA 98032- Email PBrooks@cr.kent.wa.us Phone- 253-856-5114 5. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for satisfactory completion of the services and requirements specified in this Contract after the agency submits an invoice and all accompanying reports as specified in the attached exhibits The County will initiate authorzatron for payment after approval of corrected invoices and reports The County shall make payment to the Agency not more than 30 days after a complete and accurate invoice is received B The Agency shall submit its final invoice and all outstanding reports within 15 days of the date i this Contract expires or is ternunated. If the Agency's final invoice and reports are not submitted by the day specified in this subsection,the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. 6. OPERATING BUDGET When a budget is attached hereto as exhibit 11, the Agency shall apply the funds received from the County under this Contract in accordance with said budget. If, at any time during the Term of this Contract, the Agency expects that the cumulative amount of transfers among the budget categories, i,e Protect Tasks, may exceed 10% of the Contract amount, then the Agency shall request an amendment to this Contract. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment County approval of any such amendment shall not be unreasonably withheld. 7. COMMUNICATION The Agency shall recognize King County Parks as a fiscal sponsor for the grant project in the following manner: A. Plaque- At the time of project completion or dedication, whichever comes first, the Agency shall install on or near the facility a 4" X 6" plaque provided by the County that notes King County as a fiscal cponsor B. Events The Agency shall invite and recognize King County Parks at all events promoting the project during construction, and at the final project dedication C Written material: The Agency shall recognize King Comity Parks as a fiscal sponsor in all brochures,banners,posters, and other promotional material related to the Project 8. PUBLIC ACCESS The Agency shall to the greatest extent reasonably possible make the project available for use by the general public without imposing unreasonable requirements for public use Fees for use of the project shall be no greater than those generally charged by public operators of similar facilities in King County. 1 9. GREEN BUILDING King County is committed to promoting and using green building practices in construction projects Though not required, King County strongly encourages piactices that conseiveresources, use recycled content materials, mam maze energy efficiency, and otherwise consider environmental, economic and social benefits in the design and construction of a building project. 10. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington (RCW) Chapter 4014. 11. NIUNTEItiANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract B. These records shall be maintained for a period of six (6) years after the expiration or earlier termination of this Contract unless permission to destroy them is bnanted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40 14. C The Agency shall inform the County in writing of the location, if different from the Agency address listed oil page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in wilting of any changes in location within ten (10) working days of any such relocation. 12. RIGHT TO INSPECT King County reserves the right to review and approve the performance of Agency with regard to tills Contract, and, at its sole discretion, to inspect or audit the Agency's records iegarding this Contract and the Pi oject upon reasonable notice during normal business hours 13. COMPLIANCE WITH ALL LAWS AND REGULATIONS The Agency, ni cooperation and agreement with the owners of the Premises, shall comply with all applicable lairs_ ordinances and ieaulations in using funds provided by the County, including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (1VISI3A), and, to the extent applicable, those related to "public works," payment of prevailing wages, and competitive bidding of contracts The Agency specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County, and further agrees that ICumg County, does not waive this section b) an ing notice of demand for compliance in any instance. The Agency shall indemnify and defend the County should it be sued or made the subject of an administrative investigation of hearing for a violation of such laws related to this Contract. 4 14. CORRECTIVE ACTION A If the County determines that a bleach of contract has occurred or does not approve of the Agency's performance, it will give the Agency written notification of unacceptable performance. The Agency will then take corrective action within a reasonable penod of time, as may be defined by King County in its sole discretion in its written notification to the Agency B The County may withhold any payment owed the Agency until the*County is satisfied that corrective action has been taken or completed 15. TERMINATION A The County may terminate this Contract in whole or in part, with or without case, at any time during the Tenn of this Contract, by providing the Agency ten (10) days advance written notice of the termination. B. If the termination results from acts or omissions of the Agency, including but not limited to misappiopriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County C. Any King County obligations under this Contract beyond the current appropriation year are conditioned upon the County Council's appropnation of sufficient funds to support such obligations If the Council does not approve such appropriation, then this Contract will terminate automatically at the close of the current appropriation year. 16. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Contract. 17. HOLD HARMLESS AND INDEMNIFICATION The Agency agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, stets, and judgments, including costs of defense theicof, for Injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Pioject that is the subject of this Contract, or the Agency's exercise of lights and priN leges granted by this Contract, except to the extent of the County's sole negligence Tile Agency's obligations under this section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Agency's own expense, B Indemnification of clauns made by the Agency's employees or agents, and C. Waiver of the Agency's immunity under the industrial insurance piovisions of Title 51 RCW but only to the extent necessary to mdenuzify King County, wlnch waiver has been mutually negotiated by the parties. 5 In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this section, all such fees, expenses and costs shall be recoverable from the Agency In the event it is determined that RCW 4 24 115 applies to this Contract, the Agency agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property(heiemafter "claims"), arising out of or in any way resulting fioin the Agency's officers, employees, agents and,,or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this Contact, to the maximum extent permitted by lawn or as defined by RCW 4.24.115, as now enacted or hereafter amended A hold harmless provision to protect King County similar to this provision shall be included in all Contractor of Subeontiactor Agreements entered into by Agency in conjunction with this Contract. 18. INSURANCE A Liability Insurance Requirements, Notwithstanding any other provision within this Contract, the Agency shall procure and maintain the following Mimmum Lmnits of Insurance for the duration of the tens and shall requue their contractors to procure and maintain. 1. Commercial General Liability (to include Products-Completed Operations) insurance against claims for injuries to persons or damages to property that may arise hom or inconnection with activities under this Contract Genetal hability insurance shall be as broad as that provided by Commercial General Liability "occurrence"forni CG0001 (Ed 11185) The insurance limits shall be no less than One Million dollars ($1,000,000) combined single limit per occurrence and Two million dollars ($ 2,000,000) in tine aggregate for bodily injury and property damage 2. Automobile Liability. Insurance Services form number CA 00 01 (Ed 1/80) any auto If the grant includes the use of automobiles, the Linnt of Liability shall be no less than One Million dollars ($ 1,000,000)per occurrence. 3. Workers Conipensation/Stop Gap If the recipient or its contractors has employees, parties shall provide Statutory Workers Compensation co\erage and Stop Gap Liability for a hmit no less than One Million dollars($1,000,000) 4. Professional Liability. If the grant includes the use of Professional Services, a Per Clami/Aggregate Limit of$ 1,000,000 shall be provided. B If the grant involves the construction of a capital project or involves the purchase of equipment greater than $ 5,000 00 in value, the Agency shall provide "All Risk" Builders Risk of Property" coverage for the full replacement value of the project/pioperty built/puichased King County shall be listed as a Loss payee as our uiteiests may appear C King County and its officers, officials, employees and agents shall be covered as additional insured with respect to liability arising out of activities performed by the Agency and its contractors Additional hnsuied status shall include Products-Completed Operations. 6 D. To the extent of the Agency's or its contractor's negligence,then-insurance respectively shall be primary insurance with respect to the County, its officers, employees and agents. Any insuiance or self-insurance maintained by the County, and its officers, officials, employees or agents shall not be subfected to contribution in favor of the Agency or its contractors insurance and shall not benefit their in any way. The Agency's and its contractors' insurance shall apply separately to each insured against mihoin a claim is made or a lawsuit is brought, subject to the limits of the insurer's liability. E. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except by the reduction of the applicable aggregate limit by claims paid, until after thirty (30) days' prior a ritten notice has been given to and change in coverage accepted by King County F. The insurance provider most be licensed to do business in the State of Washington and maintain a Best's rating of no less than A VIIf The Agency must provide a Certificate of insurance and Additional Insured Endorsement to the IExhibit V1I), and upon written request of the County, provide a duplicate of the policy as evidence of insurance protection The Agency shall be responsible for the maintenance of their contractors' insurance documentation. G. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by refeience and shall constitute compliance tin nth this section 19. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A Nondisennunation In Employment Provision of Services King County Code Chapter 12 16 is incorporated by reference as if fully set forth herein and such requirements apply to this Contract. During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disabihty in the employment or application for employment or in the admmistiation or delivery of services or any other benefits under this Contract. B. Nondiscrimination in Subcontracting Practices King County Code Chapter 12.17 is incorporated by reference as if fully set forth herein and ,uch requnements apply to this Contract During the solicitation, award and term of this Contract, the Agency shall not create barriers to open and fair opportunities to participate in Count}- contracts of to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppheis, the Agency shall not discriminate against any person on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation or the piesence of any mental or physical disability in an otherNnse qualified disabled person I 7 C. FairEmploymentPrachces King County Code Chapter 12.18 is incorporated by reference as if fully set forth herein and such iequncuients apply to this Contract During the perfoimance of this Contract, neithei the Agency nor any party subcontracting under the authority of tills Contract shall engage in unfair employnieutpractices. D. Compliance with Laws and Regulations The Agency shall comply fully with all applicable federal, state and local laws,ordinances, executive orders and regulations that piohibn discrimination These laws include, but are not hinted to, RCW Chapter 49 60, Titles VI and VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Restoration Act of 1987, E. Sanctions for Violations Any violation of the mandatory requirements of the provisions of this Section shall be a inatenial breach of contract for which the Agency may be suUtect to damages, iinthholding payment and any other sanctions provided for by the Contract and by applicable law F Reporting I The Agency entering into a contract or agreement with King County valued at $25,000 or more shall submit with this Contract a total Personnel Inventory Report providing employment data for minorities,females, and persons with disabilities. Subject to the provisions of KCC Chapter 12 16 060, the Agency's Personnel Inventory Report shall be effective for two years after the date on which the report was submitted. 2. The Agency entering into a contract with King County valued at more than S25,000, or contracts which in the aggregate have a value to the Agency of mole than $25 000 should submit an Affidavit of Compliance in the form provided by the County, demonstrating commitment to comply with the provisions of KCC Chapter 12 16 in accoi dance with paragraph A of this Section 19 20. SECTION 504 AND AMERICANS WITH DISABILITIES ACT The Agency shall complete a 504/ADA Self-Evaluation Questionnaire for all programs and services offered by the Agency (including any services not subject to this Contract) and shall evaluate its services, progiams and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, as amended ("504") and the Americans with Disabilities Act of 1990 ("ADA") The Agency shall complete a 504/ADA Assurance of Compliance, and corrective action plan as needed for structural, piogranvnatic, and/or service changes necessary at each of its premises within the State of Washington to comply with 504 and the ADA, and it is attached as an exhibit to this Contract and incorporated herein by reference. 21. CONFLICT OF INTEREST KCC Chapter 3.04 (Employee Code of Ethics) is incorporated by reference as if frilly set forth hence, and the Agency agrees to abide by all conditions of said chapter Failure by the Agency to comply with any requn ement of said KCC Chapter shall be a material breach of conti act. I 22. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 23. EQUIPMENT PURCHASE,MAINTENANCE, AND OWNERSHIP A The Agency shall be responsible for all property purchased pursuant to this Contract, including the propei care and maintenance of any equipment. B The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Contract fiords 24. NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be• A In writing; and B Directed to the person specified in Section 4 of this Contract. C. Any such notice shall be deemed to have been given on the date of delivery, if marled, on the third (3rd)business day following the date of mailing, or, if sent by fax, on the first(1st) business day following the day of delivery thereof by fax.Notice sent solely by e-mail shall not be a sufficient forrn of notice under this Contract. D Either party may change its address, fax number or the name of the person indicated as the recipient b,, notice to the other in the manner aforesaid. In the event of interruption or threatened interruption in postal service,such notice shall be delivered addressed as aforesaid or sent by fax 25. ASSIGNMENT r� The Agency shall not assign any portion of rights and obligations under this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County The Agency must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment 26. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes that are mutually agreed upon shall be incorporated by Nvi itten amendments to this Contract 9 27. WAINrER OF DEFAULT Waiver of anv default shall not be deemed to be a waiver of any subsequent default Waiver or breach of any piovision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the Comity, which shall be attached to the original Contract 28. TAXES The Agency agrees to pay on a current basis all taxes or assessments levied on its activities and property. including. .nthout limitation, any leasehold excise tax due under RCW Chapter S2 29A; PROVIDED, however, that nothing contained herein will modify the right of the Agency to contest an} such tax, and the Agency will not be deemed to be in default as long as it will, in good faith be contesting the validity or amount of any such taxes. 29. WASHINGTON LAW CONTROLLING;WHERE ACTIONS BROUGHT This Contract is made in and will be in accordance with the laws of the State of Washington, which will be controlling in any dispute that arises hereunder. Actions pertaining to this Contract will be biought in King County Superior Court,King County, Washington 30. PARAGRAPH HEADINGS The paragiaph headings contained herein are only for convenience and reference and are not intended to be a part of this Contract or in any manner to define, limit, or describe the scope or intent of this Contract or the particular paragraphs to which they refer. 1 31. PUBLIC DOCUMENT This Contract will be considered a public document and will be available for inspection and copying by the public. 32. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make, the County and the Agency a partner of one another, and this Contract will not be construed as creating a partnership or joint venture Nothing in this Contract will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it 33. SINGULAR AND PLURAL Wherever the context will so require, the singular will include the plural and plural will include the singular r 10 34. PERMITS AND LICENSES The Agency will obtain and maintain, at its own and sole costs and expense, all necessary peimits, licenses and approvals required for the Project 35. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the Count} decision will govern and will be binding upon the Agency. 36. POLICE POWERS OF THE COUNTY Nothing contained in this Contract will diminish, or be deemed to dnnmish, the goNennnental or police powers of the County. 37. ENTIRE AGREEMENT This Contract, including its attachments, constitutes the entire Contract between the County and the Agency It supersedes all other agreements and understandings between them, whether written, oral or otherwise r KING COUNTY AGENCY FOR King County Executive Signature Date NAME(Please type or print),Title Date 11 Kent City Council Meeting Date February 7. 2006 Category Consent Calendar 1. SUBJECT: TOWN SQUARE PLAZA CAROUSEL SOLE SOURCE PURCHASE — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to enter into a sole source agreement with BUMPERS INC. to purchase a Bertazzon "Venetian Carrousel" for $78,000.00, and acknowledge the pledge of$48.000 00 from the Kent Parks Foundation as partial reimbursement of the carousel. In 2006, Town Square Plaza will be constructed at the municipal parking lot. One of the features of the park will be a carousel that the city will operate seasonally, and have available for community events throughout the year Staff received a pledge from the Kent Parks Foundation to provide $48,000 00 toward the purchase of the carousel. Pursuant to Kent City Code Section 3 70.080, attached is a Procurement Waiver signed by the Mayor, as purchase of this one-of-a-kind item qualifies as a limited single source condition 3. EXHIBITS: Pictures of carousel; Pledge letter from the Kent Parks Foundation; Draft Bill of Sale; Staff Report memo, and Sole source waiver 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget9 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 a 1 J � W F f t eP �t Mt rr e�'y 4 y r3 3 i ¢ 3 r. t u a a �.0 iti ,ter r _ ems, a.skAw. x4Y..< a s �, � �1V b Y✓ .. C +• i� Ty I , ev t ,..� *} ., �k a �• 4 �.;, •�"�N�r �� .r � �� -� � yid j f a n i � t i+�Xry "_ 4y�� v1?'"��n X••�E' RA''� ♦ �4fw[ �`N SP +�y N'a � 'J .- KENT ARKS FOUN ATION P.O. Box 26 Kent, WA 98035 January 4, 2006 Ms Lori Hogan Acting Director City of Kent Parks, Recreation & Community Services 220 4ih Avenue South Kent, WA 98032-5895 Approval Given By Kent Parks Foundation Board to Donate to the City of Kent $48,000 for the Carousel. Dear Ms. Hogan: The board members of the Kent Parks Foundation are very excited about the new Town Square Plaza. As a central gathering place for the Kent community, our group feels the carousel and ice arena will be popular attractions. We have begun fund raising to contribute $48,000 before December 31, 2006 to purchase the carousel. We look forward to working with your staff and please feel free to contact us for any further assistance. iSincerely yours, Sally cDonough Executive Director D - R - A - F - T Preliminary Bill of Sale Bertazzon "Venetian Carrousel" BUMPERS, INC., whose offices are located at 4216 S. Saltese Lake Road, Greenacres, Washington, hereinafter referred to as "SELLER," sells, bargains and conveys all of SELLER'S right, title and interest in the equipment listed on Exhibit A to the City of Kent, referred to as "BUYER," its heirs and assigns. SELLER acknowledges receipt of a total of seven thousand, eight-hundred and no/100 dollars ($7,800.00), from the BUYER, as a ten percent (10%) , down payment of the purchase price of the goods conveyed hereby. Payment shall be in the form of a cashiers check or certified money order, due at the time of acceptance by a representative of the BUYER. BUYER will deliver the balance due of seventy thousand and no/100 dollars ($70,000.00), upon receipt of the equipment at SELLER'S offices at the address listed above. The final payment will also be in the form of a cashier's check or certified money order. Total purchase price for all equipment is seventy eight thousand and no/100 dollars ($78,000.00), including applicable taxes. SELLER warrants that there are no liens or encumbrances on the goods sold, and that the BUYER'S title to goods is clear and merchantable. SELLER shall defend the BUYER from any adverse claims to SELLER'S title to the goods sold SELLER shall deliver, set up, demonstrate carousel and trailer operation and will provide training for maintenance to satisfaction of BUYER. The goods sold herein are USED and SOLD "AS IS," "WHERE IS," and "WITH ALL FAULTS." The goods herein are not sold by a merchant in the field. THESE GOODS ARE SOLD WITHOUT UCC WARRANTY OF ANY KIND, including MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The BUYER, acknowledges examining the goods sold herein. The Parties Agree To The Terms And Conditions Stated Herein: BUMPERS INC., Seller Date City of Kent, Buyer Date Carousel Bill of Sale Page 2 Parks, Recreation and Community Services Lori Hogan, Acting Director Phone: 253-856-5100 Fax: 253-856-6050KENT j Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 Memorandum I DATE: January 11, 2006 TO: Kent City Council FROM: John M. Hodgson, Interim Chief Administrative Officer RE: Town Square Plaza Carousel Staff Report In 2006, the Parks Department will construct the Town Square Plaza on the Municipal Lot. The design of the park will allow for a variety of events and activities throughout the year. One of the seasonal elements will be a carrousel and ice arena in November and December. Staff has identified a Bertazzon "Venetian Carrousel" to be purchased for use during the holiday season and can be used throughout the year for fund raising events. Rent fees, user fees and "donations" paid by riders will cover set up and maintenance of the carousel. , The price of the carousel, including a specialty equipped storage trailer, is $78,000.00. This item is included in the plaza construction cost. The Kent Parks Foundation is pledging to donate $48,000.00 for the partial reimbursement of the purchase price. Staff is recommending Mayor Cooke be authorized to enter into a sole source purchase of the carousel and trailer from BUMPERS INC. l� PARKS, RECREATION AND COMMUNITY SERVICES Lori Hogan, Acting Director Phone 253-856-5100 Fax 253-856-6050 KENT Address• 220 Fourth Avenue S W A 5 H N G T G N Kent, WA 98032-5895 DATE: January 12, 2006 TO: Mayor Suzette Cooke ` FROM: John Hodgson, Interim Chief Administrative Officer SUBJECT: Waiver of Procurement Requirements - Town Square Plaza Carousel RE: Section 3.70.080 Kent City Code No. 1.1.10 City of Kent Administration Policy FUNDING: Kent Parks Foundation Donation, Fees and Donations The Parks Department is asking for a written determination waiving the bidding requirements allowed in the Section 3.70.080 Kent City Code and City of Kent Administration Policy No. 1.1.10 to purchase a carousel. The funding sources are Kent Parks Foundation in the amount of $48,000.00, plus fees and donations from rentals and riders. The estimated cost of the "Venetian Carrousel" from BUMPERS INC. is $78,000.00, including applicable taxes. Although supply requests of this amount would typically go to bid, the Parks Department requests a waiver of the city's procurement requirements, in accordance with Section 3.70.080 of the Kent City Code, as BUMPERS INC. is a sole source supplier of this one-of-a-kind item. Mayor Suzette Cooke Date Kent City Council Meeting Date February 7, 2006 Category Consent Calendar 1. SUBJECT: KING COUNTY OFFICE OF EMERGENCY MANAGEMENT GRANT —ACCEPT AND AUTHORIZE 2. SUMMARY STATEMENT: The Emergency Management Division received a reimbursable grant not to exceed $75,000 from the King County Office of Emergency Management. The monies are to be used for reimbursement, as identified in the Grant Application Proposal, to assist in the continued growth of Zone 3 (South King County) Emergency Management coordination to increase responselinteroperability capabilities among disciplines, to minimize damages and quicken recovery from a terrorism related and "all hazards" disaster incidents The contract has been reviewed and approved by the City Attorney. 3. EXHIBITS: Grant application proposal/contract 4. RECOMMENDED BY: Public Safety Commission 1/17/2006 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No-X If no: Unbudgeted Expense: Fund V00035.6XXXX.2150 Amount $75,000 Unbudgeted Revenue: Fund V00035.53321 Amount $75,000 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: IACTION: Council Agenda Item No. 61 FIRE DEPARTMENT Jim Schneider, Fire Chief R C N T Phone 253-856-4300 Fax 253-856-6300 Address 24611 1161h Ave SE Kent,WA 980304939 DATE: January 19, 2006 TO: Public Safety Committee FROM: Jim Schneider, Fire Chief MOTION: Move to recommend placing this item on the Consent Calendar of the February 7, 2006 Council Meeting, accepting the reimbursable grant inornes not to exceed $75,000 and authorizing the Mayor to sign the contract hang County Office of Emergency Management to receive the funds. SUMMARY: Our Emergency Management Division received a reimbursable grant not to exceed $75,000 from the King County Office of Emergency Management The monies are to be used for remibursement, as identified in the Grant Application Proposal, to assist in the continued growth of Zone 3 (South King County) Emergency Management coordination to increase responsehnteroperability capabilities among disciplines,to minimize damages and quicken recovery from a terrorism related and all hazards disaster incidents. EXHIBIT: Grant Application Proposal Contract BUDGET IMPACT: None i i i i i Kent Council Public Safety Committee January 19 2006 Subgrant Agreement Contract#-FFY05-S,ISP 02 King County Office of Emergency Management HOMELAND SECURITY SUBGRANT A GR EEfJIENT PROJECT TITLE: �nanoZone`TfireePlanriiii'4 Under t/ie Mina Courier ReAioiial"Disaster ''Platt THIS AGREEMENT is made and entered into by and between King County and the CJty r�fKent `Emeigeiicy tilarragement, hereinafter "Subgrantee", for the express purposes set forth in the following provisions of this Agreement. It is understood that funding for this Agreement has been granted to King County by the [united States Department of Homeland Security (DHS) through the Washington State Military Department, Emergency Management Division (EMD). The funding source of the grant is the t+FY05,�,State Homeland ,Security Gyrant', Program, Catalog of Federal Domestic Assistance (CFDA) 116?, State Contract# E06--11 Neither the DHS nor the Federal Government shall be a party to any subagreement nor to any solicitations or request for proposals. This Agreement shall be subject to the applicable grant contract between DHS and EMD and the subgrant contract between EMD and King County. The Subgrantee agrees not to perform any act, fail to perform any act, or refuse to comply with any King County requests that would cause King County to be in violation of the DHS and EMD grant terms and conditions, a copy of which is attached hereto as Exhibit D. NOW THEREFORE, King County and the Subgrantee mutually agree as follows: 1. SCOPE OF WORK AND BUDGET The Subgrantee will accomplish the work and tasks as set forth in this Agreement and the Scope of Work, Project Timeline, and Deliverables (attached hereto as Exhibit A) and Budget (Exhibit B). 2. PERIOD OF PERFORMANCE Subject to other Agreement provisions, the period of performance under this Agreement will be from l�a ie `:20OSto o-ebrua �, 2007. All work must be satisfactorily completed, and all invoices, reports, and deliverables must be submitted, by the end of this Period of Performance. 3. CONTRACT REPRESENTATIVES King County's Project Manager on this Agreement shall be Chnstade'(Profect Manacrerl_ King County Office of Emergency Management. The Project Manager shall be responsible for monitoring the performance of the Subgrantee, the approval of actions by the Subgrantee, approval for payment of billings and expenses submitted by the Subgrantee, and the acceptance of any reports by the Subgrantee. The Subgrantee's representative to this Agreement shall be I'at Par�1a (€)ivisronpChtef rE 3 o i�c /lM�ri rl who will be the contact person for all communications regarding the conduct of work under this Agreement and who will ensure that all terms of the Agreement are met. Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to King County or the Subgrantee at the addresses provided on th-e%t p I (�j A f a ! f�r Subgrant Agreement Contract#- FFY05-�HSP-©4? If to King County: Christa,Cole King County Office of '"r-eryency I'vEanagement 3511 NE 2rd Street Renton, WA 98056 206-296-3830 �christa.cole metrokc go If to the Subgrantee: Pat Pawla 24611A16 Ave-SE Kent-.,,WA,98030-4939 253=856-4405 ppawlak ci.kent.wa.us 4. REIMBURSEMENT REQUESTS AND PAYMENT This is a reimbursement contract not to exceed $'`75�(severrtv'five thousand dollars and ziRcents) with compensation payable to the Subgrantee for satisfactory performance of the work under this Agreement. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work which will cause the maximum payment to be exceeded. Compensation for satisfactory work performance shall be payable upon receipt of properly completed Invoice and Progress Report forms, which will be provided to the Subgrantee subsequent to execution of this Agreement. Invoices for eligible costs incurred to date may be submitted monthly or quarterly. Supporting documentation is required for reimbursement of all expenses related to the Scope of Work and Budget in Exhibits A and B. Supporting documentation includes, but is not limited to, paid invoices to vendors, paid expense claim forms, canceled checks, etc. The documentation must also include the date of payment by the Subgrantee to ensure that the work was completed within the subgrant period of performance. King County may also require the Subgrantee to document that funding governed by this Agreement is not being used to replace or supplant existing programs, staff costs, activities and/or equipment. Payment shall be considered timely if mailed by King County to the Subgrantee within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Subgrantee on the invoice form. King County may, at its sole discretion, withhold payments claimed by the Subgrantee for services rendered if King County has determined that the Subgrantee has failed to satisfactorily comply with any term or condition of this Agreement. King County does not incur liability for any payment to the Subgrantee that is subsequently disallowed by State or Federal granting agencies. King County reserves the right to withhold or recoup payment for work or activities determined by funding agencies to be ineligible for reimbursement. 0 R 1 C 1 N h Subgrant Agreement Contract#-FFY05-7 SPA-002 l5. REPORTING REQUIREMENTS Each request for reimbursement, whether submitted monthly or quarterly, will be accompanied by a narrative progress report. Reports must include the Subgrantee's progress in implementing the scope of work, including any problems encountered and possible cost overruns or under runs. 6. RECORDS MAINTENANCE The Subgrantee shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by King County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after subgrant close-out, and shall be subject to inspection, review or audit by King County and/or by State or Federal officials as so authorized by law. ` 7. COMPLIANCE WITH APPLICABLE LAWS The Subgrantee shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. New federal laws, regulations, policies and administrative practices may be established after the date this ! Agreement is established and may apply to this Agreement. To achieve compliance with changing federal requirements, the Subgrantee agrees to accept all changed requirements that apply to this Agreement and to require compliance with changed requirements in all subcontracts. Failure to comply shall constitute a material breach of this Agreement. The Subgrantee and all subcontractors shall comply with, and DHS is not responsible for determining compliance with any and all applicable federal, state, and local laws regulations, and/or policies. This obligation includes, but is not limited to, laws, regulations and polices listed in this section and in Exhibif C. OMB Circulars The Subgrantee shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; and A-133, Audits of States, Local Governments, and Non-Profit Organizations. Singe Audit Act Non-federal entities receiving financial assistance of $500,000 or more in Federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the U.S. Office of Management and Budget (OMB) (Revised June 27, 2003) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations. Non- federal entities that spend less than $500,000 a year in Federal awards are exempt from it Federal audit requirements for that year, except as noted in Circular No. A-133. 3 ORIGINAL . Subgant Agreement Contract#-FFY05-S HnSP 0 Entities 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 Subgrantee has the responsibility of notifying the State Auditor's Office and requesting an audit, if required. The Subgrantee shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients or subcontractors also maintain auditable records. The Subgrantee must send a letter stating there has been a single audit completed and there were no findings or if there were findings, the letter should provide a list of the findings. In addition to sending a copy of the audit, the Subgrantee must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Subgrantee must send this letter to King County no later than nine (9) months after the end of the Subgrantee's fiscal year(s). The Subgrantee shall include the above audit requirements in any subcontracts. Certification Regarding Debarment, Suspension, or ineligibility If Federal funds are the basis for this contract, the Subgrantee certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions by any Federal department or agency. By signing and submitting this Agreement, the Subgrantee is providing the signed certification set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Subgrantee.knowingly rendered an erroneous certification, the Federal Government and County may pursue available remedies, including suspension and/or debarment. The Subgrantee shall provide immediate written notice to King County if at any time the Subgrantee learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction,""debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 149 CFR Part29). The Subgrantee agrees by signing this Agreement that it shall not knowingly enter into any covered transaction with a person or subcontractor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by King County. The Subgrantee shall include the requirement in this section in any subcontracts. S. AMENDMENTS This Agreement may be amended only by written concurrence of both parties. Amendments to Scope of Work will only be approved if the proposed amendment is consistent with State and Federal granting agency rules. Up to ten percent (10%4) of the total award amount may be shifted between approved budget object codes as contained in Exhibit B. For amounts over ten percent (10%), the Subgrantee must submit a written budget amendment requestjfo 1pr a[A Subgrant Agreement Contract#-FFYOS-SHSP 09 Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieve(s) the goals stated in the Scope of Work and falls within the grant requirements. 9. TERMINATION This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice. This Agreement may be terminated by either party, in whole or in part, for cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice. Reasons for termination for cause may include but not be limited to: material issues of nonperformance misuse of funds, and/or failure to provide grant-related invoices, reports, or any requested documentation. If the Agreement is terminated as provided above, King County will be liable only for payment in accordance with the terms of this Agreement for satisfactory work completed prior to the effective date of termination. The Subgrantee shall be released from any obligation to provide further services pursuant to this Agreement. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditisons set forth in this Agreement are breached by the other party. Funding under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in this Contract. Should such an appropriation not be approved, this contract will terminate at the close of the current appropriation year. 10. HOLD HARMLESS AND INDEMNIFICATION The Subgrantee shall protect, indemnify and hold harmless King County, its officers, officials, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from any and all actions by the Subgrantee and/or its subcontractors pursuant to this Agreement. The Subgrantee shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against King County arising out of or incident to the Subgrantee's execution of, performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. In the event the County incurs attorney fees and/or costs in the defense of claims within the scope of the paragraph above, such attorney fees and costs shall be recoverable from the Subgrantee. In addition King County shall be entitled to recover from the Subgrantee its attorney fees, and costs incurred to enforce the provisions of this section. 11. INSURANCE Subgrantee shall provide and maintain and shall cause its subcontractors to provide and maintain Commercial General Liability in the minimum amount of $1,000,000 per occurrence and $ 2,000,000 in the aggregate. King County, its officers, officials, agents and employees shall be named as additional insureds. Subgrant Agreement Contract##-FFY05-SHSP-60 If the Agency is a Municipal Corporation or an agency of the State of Washington and is self- insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. 12. ENTIRE CONTRACTMAIVER OF DEFAULT This Agreement is the complete expression of the agreement of King County and the Subgrantee hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by King County, which shall be attached to the original Agreement. 13. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, , found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement. 14. APPROVAL This Agreement shall be subject to the written approval of King County's authorized representative and shall not be binding until so approved. THIS AGREEMENT, consisting of 6 pages and 3 attachments, is executed by the persons signing below who warrant and represent that they have the authority to execute the Agreement. IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: Citvo entEmergericy arragemen KING COUNTY BY Name & Title Eric E. Holdeman, Director Date Date i t NJ office of Emergency Management Subgrant Agreement Contract# Department ofExecutrve Ss"v es FFYOS-SHSP-002 3511 Northeast Second Street Renton WA 9BO56 Icing County Phone. (206)296-3830 Exhibit A: Scope of Work Provide the information requested for the Contact Person.. Contact Person: Pat Pawlak Job Title: Division Chief I Emerq. nca anager Phone: 253 856-4405 E-mail: awlak ci kent.wa,us Sub grantee Name: _Kent Emergencv Management Project Number. FFY05-SHSP-002 Qate: 11,'Q412t}05 Project Tit{e: Enhanced Zone Three Planning Under the Kin Cg aunty Retgtona{Disaster Plan Using Appendix A of FY05 HSGP-Program Guidelines & Application Kit, identify the allowable costs that best represent this project: { -AA-1i oWa—bl e Planning Costs t i - Hiring of full or part-time staff or contractors/consultants to assist with planning activities For EM and =Projects ONLY: Using Washington State Homeland Security Strategy,identify one Goal&Objective that best represents this project. Then, using Region 6 Homeland Security Strategic Plan, identify one Goal &Objective that best represents this project. I WA HS Strategy OBJECTIVE: Plans/Procedures j 3 Refine stateside continuity of government and continuity of services plans to ensure essential functions in case of a disaster. (1 3) IMPLEMENTATION STEPS. i 1. Review existing plans (1.3.1) Region 6 HS Strategic Plan i THEME 1. Coordinated Regional Prevention, Preparedness, Response, and Recovery GOAL B. Commit to planning, responding to, and recovering from emergencies as a Region. GOAL C. Establish clear expectations—delineated roles and responsibilities—for all parties, both n preparing ( for, responding to, and recovering from an emergency (! IGOAL F Use Incident Command Systems(ICS)to coordinate mufti-jurisdictional or muitidisciptin _re sponses_ Describe your project using a maximum of two pages. The description MUST answer the following questions: Page 7 � ' Office of Emergency Management Subgrant Agreement Contract# Department of Eyecuffve Services 35(01V� Re t n,WA sit Second Street FFYOS-SH•i Renton,WA 98Q56 King COUnty Phone. (206)296-3830 1. Provide a detailed description of Stour project who/what 1 where l when/wl�ty/ The proposal would provide funding for Zone 3 to hire a consultant to assist in the continued growth of existing i discipline groups, assist with the essential expansion to other jurisdictional disciplines and other punliclpnvate s partners necessary to meet the goals of the Regional Disaster Plan Kent Emergency Management will be the lead agency for Zone 3 and will oversee this project. We will continue to work with the Fire, Law Enforcement, Public Works, and Public Information disciplines as well as begin coordination with spec.al purpose districts, t hosEtals, and school distracts within Zone 3. 2. What is the purpose of theproject? + The proposal would provide a consultant to assist in the continued growth of existing discipline groups and essential expansion to other jurisdictional disciplines and other public/private partners necessary to meet the goals of the Zone 3 Emergency Management Directors Planning Group and of the Regional Disaster Plan i 3. What problem does the project solve? _ i This project will assist the Zone 3 cities and an opportunity to continue to develop resources and response procedures, identify and form partnerships with additional discipline leaders in promoting a disciplined based response environment to meet the needs of the King County citizens. This project will also contribute to i improving intercperability between existing and new discipline leaders, groups, and inter zonal and regional partners utilizing em isting communications and assisting with future communication assessments 4. How does the project enhance local/regional homeland security and preparedness for CBRNE/Terrorist f WMD incidenls'? t This project will continue to build on (fie foundation Zone 3 has estaUtshed to respond these typeset incidents by providing resource management and multi-agency coordination within Zone 3 as well as providing assistance I to Zones I and 5 in a timel manner 5. What major activities need to be completed to finish the project? If the project will be implemented in _ phases, identify fhrs clear]'y. j • Provide as sistance to the Zone 3 Emergency Management Directors and other public and private groups to assist with regional coordination and communications before, during, and after a major terrorist or disaster event • Continue to grow the Zone 3 discipline coordinators list, to educate the discipline leads in the concept of operations according to the Regional Disaster Plan. • Provide general assistance to Zone 3 agencies for planning related to Zonal, Sub-regional and Regional notification, response, mobilization, and resource tracking i Provide general assistance for Zone 3 agencies to meet the four phase approach at NIMS adoption and implementation. i • Provide assistance for Zone 3 agencies in meeting the requirements of change with the National Response Plan. •Assist with clarifying and documenting protocols for working with Zones I and 5 and King County OEM during j activations of the Regional Disaster Plan. i ! •To assist with supporting expanding disciplines not familiar with their regional roles and responsibilities though (, onentataons and specific discipline related meetings. •To assist with associated mutual aid plans and memorandums of understanding between agencies to meet LZone 3 response needs_` w i _6. What are the tangible results and f or deliverables of the roiect9 I The identification of specific roles and responsibilities for discipline representatives serving within a multi-agency 1 coordination group from Zone 3.The exacting of documentation processes relevant to resource acquisitions. dispersments, and recovery within the guidelines of the Regional Disaster Plan for King County. Complete NIMS implementation plans and formal adoptions for all Zone 3 jurisdictions (within individual agency process 1 boundaries). E j3 � � 0office of Emergency Management Subgrant Agreement Contract# Department of Executive services F 1 05-SHSP-002 3511 Northeast Second Street Renton,WA 98056 King County Phone. (206)296-3830 Make a timeline that includes measurable activities for task completion and critical dates. Prolectlust be completed and delivered prior to March t s`, 2007 If your project involves purchase of equipment allow 3 months for equipment approval process which will happen before the contract is executed. Activity I Estimated Completion Da # Project team to advertise, interview&employ Consultant. • Meeting between Consultant and Zone 3 Coordinator. i Review existing Zone 3 Multi-discipline Response Plan. i December2005/ Review Regional Disaster Plan. January 2006 • Review National Response Plan. • Complete NIMS training. t Meeting between Consultant and Zone 3 Coordinator. • T Meeting with Consultant and the Zone 3 Emergency Management Directors. February2006 } • Meet with the Discipline Coordinators for Fire, Law Enforcement, Public Works, and Public Information • Begin updating the Zone 3 Resource Book. j Quarterly report submitted to King County Office of Emergency Management -,_ March 2006 • Meeting between Consultant and Zone 3 Coordinator. • Provide initial assistance to Zone 3 agencies to meet the four phase approach at NIMS adoption and implementation. • Complete update to the Zone 3 Resource Book. • Assist with continuing education of existing discipline leads in the I concept of operations according to the Regional Disaster Plan. 1 identify and meet with Special Purpose Districts(Water and Sewer Districts)discipline points-of-contacts to pre-identify discipline resources and their mobilization capabilities Pre-identify and draft a list of major resources. Identify immediate and delayed resources. Pre-identdy discipline-based, terrorism-related resource needs. March 2006 Establish a formal request procedure for local resources. Establish resource deployment guidelines from home agencies to the site of need, emphasizing personal safety and accountability. Develop documentation for resource tracking and accountability for deployment and requests. Establish command and control communications systems and establish guidelines for interoperabie field communications. Develop a communications plan across multiple disciplines -- using 800 MHz, VHF, and amateur radios, Nextel. — Identify a numbering system for resources. • Meeting between Consultant and Zone 3 Coordinator. May 2006 nom !` t�t I Page 9 '�- Office of Emergency Management Subgrant Agreement Contract# Deaa 3511 orthesstSrmol of erujive condsteet FFY05•SHSP-002 Renton. Northeast Second Street Rentoq 4NA 98056 King County Phone- (206)296-3830 Meeting with Consultant and the Zone 3 Emergency Management Directors. • Continue providing general assistance to Zone 3 agencies to meet the four phase approach at NIMS adoption and implementation. • Provide initial assistance for Zone 3 agencies in meeting the requirements of change with the National Response Plan. • Provide general assistance to Zone 3 agencies for planning related to Zonal, Sub-regional and Regional notification, response, mobilization, and resource tracking. • Assist with continuing education of Special Purpose District's discipline leads in the concept of operation s according to the Regional Disaster i Plan. t • Continue updating the Zone 3 Resource Book. • Assist with clarifying and documenting protocols for working with Zones f and 5 and King County OEM during activations of the Regional Disaster Plan. • Continue gathering discipline resources and their mobilization capabilities from pre-identified Special Purpose Districts. t j Pre-identify and draft a list of major resources. { Identify immediate and delayed resources ( Pre-identify discipline-based,terrorism-related resource 1 needs. Establish a formal request procedure for local resources. i => Establish resource deployment guidelines from home agencies to the site of need, emphasizing personal safety F and accountability. ! Develop documentation for resource tracking and i accountability for deployment and requests. Establish command and control communications systems and establish guidelines for interoperable field communications. Develop a communications plan across multiple disciplines using 800 MHz, VHF, and amateur radios, Nextel. Identify a numbering system for resources. • Assist with associated mutual aid plans and memorandums of understanding between agencies to meet Zone 3 response needs. Quarterly report submitted to King County Office of Emergency Management dune 2006_ Meeting between Consultant and Zone 3 Coordinator. • Meeting with Consultant and the Zone 3 Emergency Management Directors. • Continue providing assistance to Zone 3 agencies for planning related to ; E Zonal, Sub-regionat and Regional notification, response, mobilization, and resource tracking. • Identify and meet with Zone 3 Hospital discipline points of contact to pre- June 2006 identify discipline resources and their mobilization capabilities. Pre-identify and draft a list of major resources. Identify immediate and delayed resources. => Pre-identify discipline-based, terrorism-related resource needs. Establish command and control communications systems and establish guidelines for interoperable field - n rvntr'u�t r*i Office EmergencyXExecutive Management Subh ,ranf af�enlent a• •• y Depar(ment of Executive Services FFY05-St{SP-002 3511 Northeast Second Street Renton,WA 98056 King county Phone: t205)296-3830 communications. �~ => Develop a communications plan across multiple disciplines using 800 MHz,VHF, and amateur radios, Nextel_ • Assist with continuing education of Special Purpose District's and Hospital discipline leads in the concept of operations according to the. Regional Disaster Plan. • To assist with associated mutual aid plans and memorandums of understanding between agencies to meet Zone 3 response needs. Quarterly report submitted to King County Office of Emergency Management ' September 2006'_ °;^ • Meeting between Consultant and Zone 3 Coordinator. i • Meeting with Consultant and the Zone 3 Emergency Management Directors. _ • Continue gathering discipline resources and their mobilization capabilities from Zone 3 hospitals. Pre-identify and draft a list of major resources. identify immediate and delayed resources. Pre-identify discipline-based, terrorism-related resource needs. i Establish command and control communications systems and establish guidelines for interoperable field communications. September 2006 => Develop a communications plan across multiple disciplines using 800 MHz, VHF, and amateur radios, Nextel. r • Identify and meet with Zone 3 School Districts discipline points-of-contact to pre-identify discipline resources and their mobilization capabilities. =�, Pre-identify and draft a list of major resources. => Identify immediate and delayed resources. j => Pre-identify discipline-based, terrorism-related resource needs. • Assist with associated mutual aid plans and memorandums of understanding between agencies to meet Zone 3 response needs. • Begin updating the Zone 3 Resource Book. I Quarterly report submitted to King County Office of Emergency Management �~ December 2006 __.'" • Meeting between Consultant and Zone 3 Coordinator. • Meeting with Consultant and the Zone 3 Emergency Management Directors. • Continue gathering discipline resources and their mobilization capabilities from Zone 3 school districts. Pre-identify and draft list of major resources. December 2006 identify immediate and delayed resources. Pre-identify discipline-based,terrorism-related resource needs. • Assist with associated mutual aid plans and memorandums of understanding between agencies to meet Zone 3 response needs. • Complete update to the Zone 3 Resource Book. • Meeting between Consultant and Zone 3 Coordinator. • Meeting with Consultant and the Zone 3 Emergency Management February 2007 Directors. End of the project report �� Februa 2O07 _ t _- ry, f. Page 11 Office of Emergency Management Suhgrant Anranment Contrarf if Department of Execotwe Sen sees 3511 Northe st Second Street FFY05-SHSP-002 Renton,WA 98056 King County Phone: (206)296-3830 Exhibit B: Budget -NMI I - - i�itti�iitiiinrr t IMPORTANT NOTE: This is a reimbursement grant Fill out the Budget Table using the correct budget category for your project expenses. For Goods&Services , and Other Costs you MUST specify what the amount is for and indicate the budget category. If your protect requires purchase of equipment, you should fill out the Equipment Budget Detail Worksheet(see next section) and then type the Equipment Purchase Total Cost from the Worksheet into this Budget Table. ��-TV.�-�---- Budget Category Item Description --1-----_:-- ---— i Planning t Training Exercise Equipment t JSaianes & Benefits I (not for payment of overtime) Overtime/Backfiil f 1 EquipmentWill t Travel & Per Diem Goods& Services-Please Specify -[ — now 9 ttw' Consultant Fees $75,000-00 Other Costs-Please Specify q r----- _-.�.�..u.-.»,w .-""""e--",r�. .A.a....,.,,,,rc—_ _"� '�,.P`^'^e�rc^s•T L, .,j;�":- `�t"' �.n- .„, eY} - iotai-Amount,Per Budget,, Q.00¢ i' Category GRAND TOTAL (NOT TO EXCEED Project Cost or Award Amount) $75,000.00 10% of total award amount may be shifted between approved budget object codes Final signed invoice voucher to be submitted with final performance report&deliverables-Invoices not to exceed total amount of contract award Office of EmergencyManagemeM $ibgra ra r gCeBrfert ;artr3Ct# Dep ulive 00'U 351I NoeieusiSecondSteet FFY05-SHSP-002 3514 Northeast Second Street Renton,WA 98056 King County one (206)296-3830 Q My project does not require purchase of equipment ❑ My project requires purchase equipment-If your project requires purchase of equipment, you MUST fill out the Equipment Budget Detail spreadsheet. 1 - D d 1 i + , 4 - f0" '13 Subb ant Agreement Contract#-FFITOS- HSP NO; Exhibit C: COMPLIANCE WITH APPLICABLE LAWS AND GRANT REQUIREMENTS "A Equal Employment Opportunity ' During the performance of this Subgrant, the Subgrantee shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Subgrantee shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap This , requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such ' corporation, association, educational institution or society of its activities. b. The Subgrantee shall take affirmative action to ensure that employees are ' employed and treated during employment without discrimination because of their race, color, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical , handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment selection for training, including apprenticeships and volunteers. Ref: Executive Order 11246, as amended by Executive Order 11375; Title ViI of the Civil Rights Act, as amended, 42 USC § 2000e; section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC § 623; section 102 of the Americans with Disabilities Act, as amended, 42 USC §§ 12101 et seq.; 29 CFR Part 1630; 41 CFR § 60-1.4. D-2 Non-Discrimination ' During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color,sex, religion, , nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. During the performance of this Agreement, neither the Subgrantee nor any party subcontracting , under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.17 or 12.18. The Subgrantee shall comply fully with all applicable Federal, State and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. ' During the performance of this Agreement, the Subgrantee, for itself, its assignees and successors-in-interest agrees as follows: A. Nondiscrimination ' The Subgrantee, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, creed, gender, disability, age or national origin ' in the selection and retention of subcontractors. The Subgrantee shall not participate either directly or indirectly in the discrimination prohibited by Section 2A.5�9f-the, ; ; ; Subgrant Agreement Contract#-FFY05-> SP-Ot Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. Ref: 20 USC §§ 1681 et seq, Age Discrimination Act of 1975, as amended, 42 USC §§ 6101 et seq; Section 504 of the Rehabilitation Act of 1973,as amended, 29 USC§794, Americans with Disabilities Act of ' 1990(ADA),as amended, 42 USC §§ 12101 etseq. B. Solicitations for Subcontracts Including Procurements of Materials and Equipment ' In all solicitations either by competitive proposal or negotiation made by the Subgrantee for work to be performed under a subcontract each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, creed, gender, disability, age or national origin. C. Information and Reports The Subgrantee shall provide all information and reports required by the regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined to be pertinent to ascertain compliance with such regulations, orders and instructions. The Subgrantee shall maintain all required records for at least six (6) years after King County makes final payment and all other pending matters are closed. D. Incorporation of Provisions ' The Subgrantee shall include the provisions of paragraphs A through D of this section in every subcontract, unless exempt by the regulations or directives issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or procurement as ' King County or DHS may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event the Subgrantee becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request King County to enter into such litigation to protect the interests of the County, and in addition, the Subgrantee may request the Federal Government to enter into such litigation to protect the interests of the ' United States. D-3 Americans With Disabilities Act In accordance with section 102 of the Americans with Disabilities Act, as amended,42 U.S.G. § 12112, the Contractor shall comply with the requirements of U.S. Equal Employment Opportunity Commission, 'Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with ' disabilities. The Subgrantee is required to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC §§ 12101, et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; and, and the following regulations and any amendments ' thereto: 15 Subgrant AgTeement Contract#- FFY05-Swst�-M A. U.S. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services,"28 CFR Part 35; ' B. U.S. Department of Justice regulations, "Nondiscrimination on the Basis of Disability by Public Accomrnodations and tin Comi—ncICIaI Faci11itieS,"23 CFR Part 36; ' C. U.S. General Services Administration regulations, "Construction and Alteration of Public Buildings,"41 CFR Subpart 101-19; ' D. U.S. Equal Employment Opportunity Commission (EEOC) 'Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part ' 1630; E. U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled", 47 CFR Part 64, Subpart F. D-4 Privacy Act , Should the Subgrantee, or any of its subcontractors, or their employees administer any system of records on behalf of the Federal Government, the Privacy Act of 1974, 5 USC § 552a, imposes ' information restrictions on the party administering the system of records. For purposes of the Privacy Act, when the Agreement involves the operation of a system of ' records on individuals to accomplish a government function, the Subgrantee and any subcontractors and their employees involved therein are considered to be government employees with respect to the government function. The requirements of the Act, including the ' civil and criminal penalties for violations of the Act, apply to those individuals involved. Failure to comply with the terms of the Act or this provision of this Agreement shall make this Agreement subject to termination. The Subgrantee agrees to include this clause in all subcontracts awarded , under this Agreement that involve the design, development, operation, or maintenance of any system of records on individuals subject to the Act. D-5 Interest of Members of or Delegates of Congress ' Pursuant to 41 USC § 22, no member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. D-6 Disclosure of Lobbying Activities Agreements in excess of $100,000 require that a Certification Regarding Lobbying, and , Disclosure of Lobbying Activities (if appropriate), be completed and submitted to King County as required by 49 CFR Part 20, "New Restrictions on Lobbying." ' The Subgrantee certifies that it shall not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of ' a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by the Byrd Anti-Lobbying Amendment, 31 USC § 1352. The Subgrantee shall disclose the name of any registrant under the Lobbying Disclosure Act of 1995, codified at 2 USC § 1601 et seq., who has made lobbying contacts on its behalf with non- Federal funds with respect to that Federal Contract, grant or award covered by 31 USC § 1352. Such disclosures are to be forwarded to King County. ' The Subgrantee shall include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. 4 4 Subgrant Agreement Contract#-FFY05- ,�2 Ref: 49 CFR Part 20, modified as necessary by 31 USC § 1352. D-7 False or Fraudulent Statements or Claims The Subgrantee acknowledges that an , if it makes an false, fictitious or frauddent claim I! 1 1 41s V l 1 statement, submission, or certification to King County in connection with this project, the County reserves the right to pursue the procedures and impose on the recipient the penalties of 18 USC § 1001, 31 USC §§ 3729 and 3801 et seq., andlor 49 USC § 5307(n)(1), as may be appropriate. The Subgrantee agrees to include this clause in all subcontracts awarded under this ' Agreement. D-8 Energy Conservation ' The Subgrantee agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation plan issued in compliance ' with the Energy Policy and Conservation Act, 42 USC §§ 6321 et seq., and 49 CFR Part 18. The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement. D-9 Environmental Requirements ' The Subgrantee agrees to comply with the applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 USC §§ 4321, et seq., consistent with Executive Order No. 11514, as amended, `Protection and Enhancement of Environmental Quality," 42 USC § 4321 note. Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 42 USC § 4321 et seq. and 40 CFR Part 1500, et seq. D-10 Preference for Recycled Products To the extent practicable and economically feasible, the Subgrantee agrees to provide a competitive preference for products and services that conserve natural resources and protect the environment and are energy efficient. Examples of such products may include, but are not limited to, products described in the United States EPA Guidelines at 40 CFR Part 247, implementing section 6002 of the Resource Conservation and Recovery Act, as amended, 42 USC § 6962, and Executive Order 12873. D-10 Patent Rights If any invention, improvement, or discovery of the Subgrantee or any of its Subcontractors is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States or any foreign country, the Subgrantee agrees to notify King County immediately and ' provide a detailed report. The rights and responsibilities of the Subgrantee and King County with respect to such invention, improvement or discovery shall be determined in accordance with applicable Federal laws, regulations, policies, and any waiver thereof. ' Unless the Federal Government later makes a contrary determination in writing,irrespective_ of the Subgrantee's status (i e., a large business, small business, state government or state ' instrumentality, local govemment, nonprofit organization, academic institution, individual), the County and the Subgrantee agree to take the necessary actions to provide, through DHS, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Subgrant Agieement Contract#-FFY05-SS - 2 ' Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 CFR Part 401. The Subarantee also agrees to include the requirements of this section in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by DHS. Ref: 49 CFR Part 19,Appendix A, Section 5 Kent City Council Meeting Date February 7, 2006 Category Consent Calendar 1. SUBJECT: FIRE DEPARTMENT REPLACEMENT VEHICLE PURCHASE — AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign a contract with BBC Dodge to purchase a 2006 Dodge Ram 3500 quad cab pickup for the Fire Department. ' Written bids for replacement of a vehicle for the apparatus maintenance facility, identified in the Fire Department Apparatus Replacement Schedule, were solicited from seven Dodge dealerships The bids were secured utilizing at least three written bid requests pursuant to Procurement Policy 1.1.4.13. The Fire Department received the following four (4) bids back for the vehicle. Bids do not include applicable sales tax. BBC Dodge $29,950. 00 Dodge of Bellevue $32,070 00 ' Enumclaw Chrysler, Jeep, Dodge $36,103 00 Tom Matson Dodge $33,853 00 The attorney's office has approved the contract for purchase. 3. EXHIBITS: Contract for Purchase 4. RECOMMENDED BY: Public Safety Committee 1/19/06 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? 1 Currently in the Budget? Yes X No If no• Unbudgeted Expense: Fund 53003500.6XXXX 9422 Amount $33,000 Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6J FIRE DEPARTMENT � Jim Schneider, Fire Chief ' s7 RENT Phone 253-856-4300 Fax 253-856-6300 Address 24611 116t"Ave SE Kent,WA.98030-4939 DATE: January 19, 2006 ' TO: Public Safety Committee FROM: Jim Schneider, Fire Chief MOTION: Move to recommend that Council authorize the Fire Department to enter into a contract with BBC Dodge for the purchase of a replacement vehicle for the apparatus maintenance facility, place this item on the Consent Calendar of the February 7, 2006 Council Meeting and that the Mayor be authorized to sign said contract. SUMMARY: Written bids for replacement of a vehicle for the apparatus maintenance facility, identified in the Fire Department Apparatus Replacement Schedule, were solicited from 7 Dodge dealerships. The bids were secured utilizing Procurement Policy 1.1.4, subsection B. We received the following four (4) bids back for the vehicle. Bids do not include applicable sales tax. BBC Dodge $ 29,950. 00 Dodge of Bellevue 32,070.00 Enumclaw Chrysler,Jeep, Dodge 36,103.00 Tom Matson Dodge 33,853.00 We are requesting authorization to enter into a contract with BBC Dodge to purchase a 2006 Dodge Ram 3500 quad cab pickup and that the Mayor be authorized to sign said contract. The contract for purchase has been approved by the attorney's office. EXHIBIT: Contract for purchase. BUDGET IMPACT: None Kent Council Public Safety Committee ' January 19,2006 DODGE, INC. • BURIEN a1 AUTHORIZED SALES&SERVICE u 1961�If FIRSTAVENUE SOUTH SEATTLF WASHINGTON 98168 i206)244-4990 VEHICLE BUYERS ORDER Date 12-22-05 Purchaser CITY OF KENT Address_ 24611 116TH AVENUE SE _ City KENT County_1CLN@ StateWA Zip gAnio Residence phone 1 253 ) 856-443-1 Business phone( ) STOCK NO YEAR NEW USED MAKE MODEL VIN NUMBER ST6-100X 06 X DODGE QUAD CAB 4X4 D181.42 Trite Brands'Com'nentsl applicable) 91-BUILT JUNK SALYAGEREBUILT DESTROYED LICENSE NO WA TAR EXP 1 BASE PRICE OF VEHICLE 29950.00 ODOMETER READING 2 Dealer Added Or Deleted Option. The owner of a,eh cle n"ba re0mred to spend up to S 15(i fa,ep 3lrs if the vehicle does not meet the vehicle emission slandards under chapter TO 120 RCW Untess expressly warranted by the motor.-hlcle dealer the sealer 1s not warranting that this vehicle win pass any emission tests r•qufrpd by federal or state law X s10N,Ir11nE 1o0rJUr lnnuw USED VEHICLE TRADE-IN YEAR IIWIE MODEL MILEAGE VItJe BALANCE OWED TO 3 BASE PRICE OF VEHICLE AND OPTIONS LION TAB EXP (1 PI JS OR MINUS 2) 29950.00 — --SECIOND VEHICLE TRADE-IN-1 J andESTIMATEDFlionFi, Excise talc Lien Ti Release and tVn Fees Bank rile Uen Release Fee YEAR NAJ,E MODEL hircil di S3 arbitration fee on new cars) MILEAGE VPIn (Aft art V93$2 S0 Dearle Acminlstralfon Fee) _-- SALANCE01^'EDTO - -- 5 DOy.N tA)CASH PAYMENT IB)REEIAFE _ Lire __- TAB EXP 6 ESTWATED Net Trade In APrc ante TOT LCREDITS(S-AI Giv,-adc na swan- fv IA• 9 -------- L £ ,ria1N=)!.11•a'f.Ulalfd On the(flf(erel ice fin,enC..ahPmnnt sT,,deIn lkwan 2725.45--- i.•iss f+Je"a•q,S+M1 In(9, d me J above)and Gm<s Trade In AlMnwancel Lr.-.56r,aro_C=J c •1•n B; 9 Do- ,-Per Fe, _:-uaA7S"C'A_L= +a^1CIL hNTR4DF 1N Rf + 10 SPI We Ginlrac,Exle(ded""Jan_My --_ _--_ mitrN,h•er Hl am r) 'nce fL'Ie DDakol t)el(I 'PJi I-ese,acl roJ lwe it hat`tin piyell aI,+or 1'1.i,Y n the 1mP✓-,r 12 C)thr CharnSS _I i z.•1,1-he.'M10, r<ur 7 t,+n ,wn hg,r f dry-:�I Ii,„3'Kravi�n .nd ,,,:Nrrfr,n n- . h.`'de,as^•'Iw F>acid feI ".•r1 In Flit II,t hf 13 TOT,LCASHPRIrEOFVEIIGLE rj%ot v^„a", i,hpabrvr ;ta'•rq^pu r - ,.:dch.,na!amon'�hall I. a 9- f1. 1+--=' _ 2675..45 _.1 ce aid^' In,ae o41l IF,f- i1 tl9,P11dP an?sho'1=pail i,f, d-+let en i r.elMs' car I DU 0- J.ad led•u h- T,UnI em, Ina) -- --_— 1J P E LK CE i1F CAc1-I PRICE _--- DUE J Dcu�c"Y n s_-, f 15 IJt.F,,ID BA'J Nf E-AIICUIJT Flf,JJCfJED _ Ga,.nratl[*JvorrAT•aLI (13-TI 32675.45 THE LO..V+Ii,J grLIt.T Fi Irlr',J A'THE TF-DE 'J..1 ,ol4-EM:.RE nFNFCOTIAT 5t A'r-,ADJUCTED IN THE DENT THAT W 7HE PURCHASER F41l_:T'f' `^± THAT'FI r CERTIFY , FOVN,,E HIPrR iTI1'r.'r'OF II I Lr rORTHE TRADE INVLHIC'_'1AC BEEN PRANDED FOR AIDS REASON IWCLUDI'dGOJT IJ" II,7EJTl r',5TAEJS A 3 A-RCBLI T' ?aL VAoE-C•R LEMON LIIw RE`1RL 11",%-VFHI('I E CR f2)TrE TRADF IN VEHICLE HAS SUBSTANTin,-PHI SICAL I:AtAA(.F�, i;,iF','q'v,„np-nrr ,rl,o--u-``AL EP T nccFctnvl Cnni,n nP THE FHI(-f FANDVATICH r011LD rJ 1T HA;E 6FEN RE4EON "ABI-"r,, E`IaBI_ 'v-'hr tE I `n:)RC O E- -FF%OR 301J 1 ti 1 P/rI . t C0i','1'EF'E ARE E`CE'S,;_AL 7!TIONM-Hers i TI-F TR,.'lr-IN VFHICI F ry ORTHEREIS4 _I.g. RJ T"' AI,EAGF\S DEr NED II RC\'J 46'n'30(4)bl ?UR':.MPSEfi A(:fSEE�'H^TTF-'S ORCER I!!C!:IDES ,L_C,F THE TERMS AND CONDITION-ON BOTH THE FRONT BND REVERSE 3ID.-"FII=C'F ' INCLUDING CUT NU LMITED TO THE PURC1Hr\5EF S WARRANTIES CONTAINED IN PARAGRAPH 1 ON THE REVERSE SIDE !F THIS LIRE'ER I= FOR..USED VEHICL c TI4F INI-ORMATiON Olv THE 4WINPOW FORM OF THE VLHICLE IS ALSO A CART OF THIS ORDER AND OVERFJC`cam AN, CONTRARY PROVIS ONS OF THIS DRDER THIS rIRDER rLRTI FR CANCFLS AND SOFERSEDES ANY PRIOR AGREEhIENT BETWEEN THE PARTIES BY EXECUTING THL 'XiDER PURCHASER CERTI'IES THAT(S)HF_IS OF L EG,L AGE AND ACKNOWLEDGES THAT ISWE HAS READ AND ACCEPTS ALL OF THE"c9M D AnI CGNID-1014S CONT,'INED 1EHEIN AND IJA,,17F_CE"ED,'TRUE COPY OF TI-II:ORDER =UPC 1 qER P IPTHEF,GREES THAT Ti,A r'RDE r-'�I_L P OT RECONF&%DING UN-IL A _EPTED R,'FIE D--ALER OR DEALER 9 AUTHORIZED PEPPErd.n .,'A E it THE ^RtX ''F THE JFffrLr IS 70 EF-Ft,ANCED DEALERS ,CrEMANCE CF THIc ODDER S SPF_CIFICALL, rCINDITIONED UPON AND�bC TC ' -SEC EIPT 3=�7 RFU7 A�'F3VAI FR„ft THE NNN41,Ci IU4T'1tTirT WHIT i IS FIIWJ('I%G°°URCHASEP S PURCHASE OF THE VEHICLE AND f21 AS5IGIJAEA,r OF TI-F IF T A,, r"Tr.i'A EI`r, N-R,+TOI,1E1 URIn 3'TF Ir,NrTO A'IIAJC At„JSTITUTIrN IS FC,RArfYREncniJ PURCF ASFRDOFS I IDTOOALIF'.FOP I' .a le h» '^ 'FTHr_IINAN''0I_INS A Cr1-'Pl Ric R ACi'EF'> .i'f1 IE,JT THFH H1=rRANFA:1T10'JSHALL Br IJLILL ANC VOID AgDAD_R'IfD4Ai40 Afl1 TRACE" d+LI EE RETU�I. ''�P IP.F >CR -IJWFCT "CRAIRVEP T-• JL STfir T\i FnL DbYt IF�Ili HA,T/AEN POGCEC3 ON On-HF:vi-Pr E PURCi'-:F -H,LL ,^i'1EI'A'EL•-ETL,Fr1 AID VEHICLEIO^EALERA',"PI"f HASEF, LIAO E Tn n.I1_171`rORAt_LIlA11ACF_ANDOR DE:TRL:TIOrJTn AFUlF(r- im3^1,F WEAR ANO r,R EI CESC. E'1IL=AGF ON<A6)%,EhIC'_E 16uLl eJTHF-03'FSSION OF PURCI A,ER ATTHL CPTKYJ OFD6\LER AW%t,%3 DEPOSITED G+I+IR�NASI=P KITH DEALFR 1.14N RE �FLILC TO-HF iXFENT NEC L SSAH-Tn_0?IFE14SATF DEALER A JD OR TO PA\THE COST OF REPAIRS FOR ANY DAM,,GE DE,i H JC'ICN ABUSE EYCES31 JE,VE A 4NJ OR EXCESSIVE MILEAt+E ON AIU vPPIrLE - X Far_lus.,s Sg'wtu;,• Data Dealer or Dealer s Alnhnni X R(pfBSprltellvp ADDITIONAL TERMS AND CONDITIONS It is further understood and agreed that the order on the reverse side hereof is subject to the following terms and condition which have been mutually agreed upon ' 1 PURCHASER'SWARRANTIES. PURCHASER MAKES THE FOLLOWING WARRANTIES CONCERNING THE TRADE-IN VEHICLE IS; LISTED ON THE FRONT SIDE OF THIS DOCUMENT A. That the vehicle has not been involved in any collision resulting n anybody or chassis damage and does not contain any hidden mechanical defects or hidden defects of the body or chassis B That other than the creditor Len for the stated payoff balance,the title to the trade-In vehicle is tree and clear of any other liens or encumbrances and that purchaser is the registered owner of said vehicle and agrees to deliver to Dealer satisfactory evidence of title to said vehicle, C That the certificate of title for said vehicle does not contain any brand or comment,including but not limited to"REBUILT', 'SALVAGE 'JUNK","DESTROYED",`NON-CONFORMING","LEMON"or"FLOOD D That the airbag(s)is/are intact and have not been deployed or repaired, E. That the trade-in vehicle has not been determined to have an uncorrected non-conformity or serious safety defect as the result .,of any final determination,adjudication or settlement in Washington or any other state, _T F That the vehicles emission control equipment is Intact,standard to the vehicle and that no part of the system has been removed or aRered G. That the vehicle has never sustained flood or water damage, H. That the odometer on the vehicle has not been rolled back or otherwise tampered with and that the mileage reflected an the odometer is the actual mileage on the vehicle Purchaser acknowledges that Dealer is relying on the foregoing warranties and that without such warranties,Dealer woula not be purchawnq the trade-on vehicle(s) Purchaser further acknowledges that a breach of any of the foregoing warranties entitles Dealer to rescind this purchase order and to recover from the undersigned purchaser any damages sustained by Deeeviesuiting from said breach,Including attorney's fees and costs 2. PRICE CHANGES The manufacturer has reserved the right to change the list price of new motor vehicles without nottra and In m- event that the fist price of the new car ordered hereunder is so cranged,the(.ash debvel ad price,which is baseu on the list price effective o t the day of delivery,will govern In this transaction If the cash delivered price is increased as a result of the manufacturer,change in tree list price,purchaser may,if dissatisfrldvnth such increased price,cancel this order 3. CHANGE OF DESIGN- The manufacturer has the right to make any changes in the model or design of any accessories and/or parts of any new motor vehicle at any time without notice In the event of any such changes,neither Dealer nor manufacturer shall be obligated to make corresponding changes in the vehicle cuvered by this order,either oefoie or subsequent to the delivery of such vzhlclr,to roll,p,u- chaser 4 DELAYS IN DELIVERY Deale shall not be liable for failure-to deliverer delay In delivering the vehicle covered by this order where x.c) failure or delay is due or caused,in whole or in part by the manufacturer,accidents,strikes,fires or other causes oeyund the Lontrol u'the Dealer 5 FACTORY WARRANTY. If any new or used vehicle is subject to an existing manufacturers warranty that warranty is-Wade by the manufacturer only and runs directly from the manufacturer to the purchaser 6. LIMITATION ON WARRANTIES. On used motor vehicles,Dealer makes no express warranties except as maybe set forth In any wot'en limited warranty granted to the purchaser As to the implied warranties of merchantability and fitness,the same shall be modified,dls:tarmac or excluded as provided in a separate writing furnished to purchaser by Dealer in the form of a LIm4r;d Warranty Ora Disclaimer of Warranties The terms of such Limited Warranty or Disclaimer of Warranties shall control and thereby atfect air✓implied warrantlea and sucl,terrna and conditions are hereby made apart of this order and are incorporated herein by reference Further,the applicability of any exising manufacturer s warranty on the used motor vehicle,if any shall be determined solely by the terms of such warranty 7. PURCHASERS'SOBLiGATIONS. Purchaser shall execute an odometer disclosure statement pertaining to purchasers If ads in vehicle(s) as required by law Purchaser agrees and acknowledges that any misrepresentation on said odometer statement will constitute a bream of this agreement by purchaser and enlifie Dealer to pursue all remedies allowed bylaw or at Dealer's option,to cancel thl,a:;•eement F!or[her, in the event the vehicle purchase referred to in this order is to oe financed,the purchaser herein,befote cr at the time c f utriwery of the der��ke orderbd,and in accordance with the terms anc conditions of payment indicated or the hint side of this order,agrees_*o execute a retail , installment contract or security agreement for the purchase of said vehicle 8 SECURITY INTEREST. The purcnaser hereby grants to Dealer a security interest in the subject vehicle and in all additions,accesso- nes,and all proceeds of insurance covering its loss,damage,or destruction,and in ail service contracts and mechanical breakdown policies ' pertaining thereto The security interest created hereby secures the payment of all debt ouichaser owes to Dealer pursuant to and/or arising under this order,including,but not limited to the purchase price of the subject vehicle 9 ATTORNEY'S FEES, In the event either the purchaser or Dealer shall seek the services of an attorney as a result of the breach of this agreement by the other party,the prevailing pally in any legal action or arbitration shall be entitled to reimbursement of attorney s fees and costs rnnlrreo as a result of the ether parry's breach Further,in the event purchaser ties for bankruptcy Dealer shall be entitled to collect-ry , and all attorney's tees incurred by Deafer with respect to such bankruptcy proceeding,including but not limited to seelonq retell from stay or seeking reaffirmation of the deht 10 CONTROLLING LAWIVENUE. This agreement shall be construed m accordance with the lays of the state of Waahington lr arrr suA action or other proceeding arising out of this agreement the parties agree that the venue for any such suit,action or prxeeding shall oe the county rn which the Dealer's principal place of business is located Kent City Council Meeting Date February 7, 2006 Category Consent Calendar 1. SUBJECT: GOODS AND SERVICES AGREEMENT WITH LIGHTHOUSE UNIFORM COMPANY — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Goods & Services Agreement for the purchase of work uniforms after final review and approval by the Attorney's office. 3. EXHIBITS: Memo from Chief Schneider, Goods & Services agreement, and Request for Proposal Response Sheet 4. RECOMMENDED BY: Public Safety Committee 1/19/06 (Committee, Staff, Examiner, Commission, etc.) 1 5. FISCAL IMPACT Expenditure? X Revenue?_ Currently in the Budget? Yes X No If no: 1 Unbudgeted Expense: Fund 10003500.63130 2520 Amount $70,000 Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda 1 Item No 6K tFIRE DEPARTMENT Jim Schneider, Fire Chief `17 KE T Phone: 253-856-4300 Fax: 253-856-6300 Address: 24611 116th Ave SE Kent, WA. 98030-4939 DATE: January 19, 2006 TO: Public Safety Committee FROM: Jim Schneider, Fire Chief MOTION: Move to recommend placing this item on the Consent Calendar of the February 7, 2006 Council Meeting, awarding the RFP for Uniforms to Lighthouse Uniform Company and authorize the Mayor to sign the Goods &Services Agreement for identified purchase. SUMMARY: As per WAC 296-305-02001 and NFPA 1975 our current work uniforms are non- compliant and need to be replaced. The Fire Department advertised for and received four (4) RFP's for the delivery and supplying of WorkRite brand uniforms for the firefighters. Three (3) of the proposals were accepted and one (1) was rejected due to the fact that they could not supply the brand name of uniform that was requested. Listed below is a breakdown of the three (3) proposals that were accepted: Shirt Shirt Pant A Cut Pant A Cut Pant B Cut Pant B Cut Regular Oversize Regular Oversize Regular Oversize Lighthouse $ 68.00 $ 79.00 $ 68.00 79.00 $ 68.00 $ 79.00 Blumenthal 72.95 $ 91.95 $ 66.95 $ 87.95 71.95 $ 89.95 Krosens 69.90 87.40 $ 69.35 86.69 71.50 $ 89.38 Based upon the facts that Lighthouse Uniforms provided the lowest RFP cost, met all the requirements of the RFP, and that we have a 25 year history of them providing excellent service, we are requesting that the RFP be awarded to them and that the Mayor be authorized to sign the Goods & Services Agreement after review and approval by the Attorney's office. EXHIBIT: Request for Proposal Response Sheet Goods & Service Agreement BUDGET IMPACT: None Kent Council Public Safety Committee January 19,2006 KENT W.w5 MIN6TON GODS & SERVICES AGREEMENT between the City of Kent and Lighthouse Uniform Company tTHIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Lighthouse Uniform Company organized under the laws of the State of Washington, located and doing business at 1532 15 Ave W, Seattle, WA, 206 282.5600, contact person Stephen Cohen(hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: 468 WorkRite Uniforni Shitts (720NMX45 NB) 468 Pair of WorkRite Uniform Pants (Acut- 40ONMX75 NB or B cut-402NMX75 NB) Shirt Regular Shirt Oversize Pant A Cut Regular Pant A Cut Oversize Pant B Cut Regular $ 68.00 $ 79.00 $ 68.00 $ 79.00 $ 68.00 1 Pant B Cut Oversize $ 79.00 As per Request for Proposal Response Sheet Dated l 2/23/05 Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services within 28 days from recrpt of each order tIII. COMPENSATION. The City shall pay the Vendor an amount not to exceed $69,249.00, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS&SERVICES AGREEMENT- I (Orer$10,00000, mcludingWSST) Net 30 after receipt of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. hi that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduce these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL , CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. , IV. INDEPENDENT CONTRACTOR The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the sib iature block of this Agreement VI. CHANGES. The City may issue a written change order for any change in the goods,materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change If the City determines t hat t he c hange i ncreases o r d ecreases t he V endor's c osts o r t ime f or p erformance, the C ity w ill make an equitable adjustnrient. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments However, if the parties are unable to agree, the City will deterrmne the equitable adjustment as it deems appropriate The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make , any c]aim or submit subsequent change order requests for that portion of the c ontract work. I f t he Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the GOODS&SERVICES AGREEMENT-2 (Over$10,000 00, uichiduig WSSTJ +� Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIL Claims, below. The Vendor accepts all rcquirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) :not protesting in the way this section provides A change order that t, accepted by Vendor as I provided in this section shall constitute full payment and final settlement of all clarets for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. V"II. CLAIMS. if the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whetlier under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the clammed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS&SERVICES AGREEMENT-3 (Over$10,000 00, nrchidutg WSST) D. Failure to Pretest Constitutes Waiver By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any wi itten or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this , section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order(including directions, instructions, interpretations, and deteinnnation). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods ate merchantable, are fit for the particular purpose for which they were obtained, and will perform in accoidance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as detennmed by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or , sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, l employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN C ONSTITUTES THE V ENDOR'S W AIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY , NEGOTIATED THIS WAIVER. GOODS&SERVICES AGREEMENT-4 (Over$10,000 00, including WSST) The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the ty-pes and in the amounts described in, Exhibit [L-sert Exl..bit #] attached and incorporated by ll llJ Ilil�.l a=lei.. XIQ. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for [bat purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim. shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the patties agree in writing to an 1 alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all 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; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified marl, ' and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent F Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering GOODS& SERVICES AGREEMENT-5 (Over.$10,000 00, including WSST) m any manner this Agreement. All of the above docunmews are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the teens of this Agreement shall prevail. th Laivs. The Vender agrees to comply tu�th all federal state. and municipal H. Comtllianee wi laws, rules, and regulations that are now effective o i i n the future b ecome applicable to Vendor's b usumess, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signattere) (stgnatut r1 Print Name: Pant Name: Suzette Cooke Its Its Mayor (Torte) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Stephen Cohen Battalion Chief Paul Wright Lighthouse Uniform Co City of Kent 1532 15 Ave W 220 Fourth Avenue South Seattle WA 98119 Kent, WA 98032 206.282.5600 (telephone) (253) 856 4300 (telephone) 206.282.5662 (facsimile) (253) 856.6300(facsimile) APPROVED AS TO FORM: Kent Law Department GOODS &SERVICES AGREEMENT-6 (Over$10,000 00, including WSST) i DECLARATION CITY OF KENT EQUAL. EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to confoini to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adheie to. An affinuative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract- and it will be at the City's sole detennination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not disenniinate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider luring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200_. By: For: Title: Date: ' EEO COMPLIANCE DOCUMENTS- 1 of 3 I CITY OF KENT ADMINISTRATIVE POLICY ' NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jmz White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within then- organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. , Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 of 3 I � CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. 1, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_ By: For: Title: Date: 1 i 1 iEEO COMPLIANCE DOCUMENTS-3 of 3 t EXHIBIT B INSURANCE & INDEMNITY REQUIREMENTS 1 No Insurance is required for this Contract. i t t t 1 REQUEST FOR PROPOSAL. RESPONSE SHEET -- NOT AN ORDER 1 CITY OF KENT PLEASE QUOTE ON THIS FORM. FIRE DEPARTMENT RETURN MARKED"NO PROPOSAL" DATE Z� 3�4� 24611 116TH AVE SE IF YOU CANNOT QUOTE KENT, WASHINGTON 98030 253-856-4300 VENDOR �C�� P wl ct, V ADDRESS 1�'3 1, j r qV-( L PROPOSALS WILL BE RECEIVED UNTIL 5:00 p.m., January 6th, 2006 !` TO VENDOR: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE, AND EARLY PAYMENT DISCOUNT TERMS FOR IIljC I OL O INu QUOTE OP! EACH ITEM SEPARATELY AND EXTEND NET UNIT PRICES. THE CITY 1 r- y VLL RESERVES THE RIGHT TO REJECT ANY OR ALL QUOTATIONS AND TO ACCEPT ANY OR ALL ITEMS AT T HE PRICE QUOTED. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN 60 CALENDAR DAYS. ITEM UNIT # QTY UNIT DESCRIPTION PRICE TOTAL Station Uniforms for the KENT Fire Department per the attached specifications, 51i15 gfir ,O �r'i 79- 3t,8zy 1. 468 Each WOrkRlte Uniform Shirts (720NMX45 NB) $ $ 2. 468 Pair WorkRite Uniform Pants (A cut-400NtZX75 NBti�s v� ` "�`'3 : u t-Y or B cut- 402NMX75 NB) `12-Al(, 7! l TO THE BUYER OF THE CITY OF KENT, EARLY PAYMENT DISCOUNT TERMS % SUB TOTAL �o F.O.B. POINT: Kent Fire Station 74 FREIGHT (Must Be Included 24611 116t1i Ave SE, KENT WA 98030 you Qz DELIVERY: STATE SALES TAX- 57W WE (I) WILL DELIVER COMPLETE THE ABOVE ARTICLES WITHIN 2'S DAYS FROM TAX RATE RECEIPT OF EACH ORDER, AT PRICES AND TERMS SPECIFIED UNLESS OTHERWISE NOTED. GRAND TOTAL REQUEST FOR PROPOSAL—PROPOSAL DOCUMENTS 10508 Station Uniforms—Fire Department 1 December 2k� 2005 i RESPONSE TO PROPOSAL -SIGNATURE SHEET- The vendor is hereby advised that by signing this signature sheet he/she is deemed to have acknowledged all requirements contained within the city of Kent's request for proposal for the delivery and supply of uniforms for fire personnel in accordance with the specifications included within the proposal documents and as responded to by vendor on its request for proposal response sheet and any referenced or incorporated documents. **Receipt is hereby acknowledged of addendum(s) # (s) , & if applicable. SIGNATURE OF AUTHORIZED OFFICIAL(S) Firm Name Z C� Address k/ fir'! Sign Name Print "e �oe0, Title ' 4 E-2-. Date Signed Phone Number , Fax Number r REQUEST FOR PROPOSAL—PROPOSAL DOCUMENTS 10508 Station Uniforms—Fire Department 2 December 20,2005 1 STATION UNIFORMS CITY OF KENT FIRE DEPARTMENT A. GENERAL 1. It is the intent of these specifications to describe articles of clothing for use by the City of Kent Fire Department in sufficient detail to enable the City to receive proposals on comparable articles of clothing items. The items shall be first quality as to construction, workmanship, and appearance, fabricated as specified under the technical portion of these specifications. Any variance from the specifications or standards of quality must be clearly pointed out in writing by the vendor. 2. The uniform dress code of the Kent Fire Department is standard. It is the intent of these specifications and the City to have it remain standard, which is part of the consideration of award of this Request for Proposal. 3. More or Less: The Kent Fire Department has approximately 117 personnel to outfit in station uniforms. The Kent Fire Department will purchase 4 sets (WorkRite shirt and pants) for each person. Quantities are annual estimates only and shall be bid on a MORE OR LESS basis. For the purpose of comparison, bids shall be made on the various clothing items in the quantities listed in the proposal. Listed quantities shall not be considered firm estimates of requirements for the year, nor shall the City be bound or limited to quantities listed. 4. Measurements: The successful vendor shall furnish the services of a trained technician to make initial and subsequent individual measurements of Kent Fire Department personnel and for the final fitting or alteration of the garments after personnels receipt of the articles. These services shall be performed in the City's various fire stations. The initial measurements shall be made within thirty (30) calendar days after award. The particular hours during which this work shall be performed shall be mutually agreed upon by the technician who will perform the services and the Chief of the Fire Department, or his designated representative, but in all cases shall be within the thirty (30) calendar day period specified above. S. Right to Award: The City reserves the right to make contract award on all groups of materials listed on the proposal response sheet or award based on any group or based on any combination of groups. I 6. Term: The period of any negotiated contract steal} be for a period of one year from its effective date. A sample of the City's contract, which it will require the successful vendor sign, is included within the proposal documents. The City may, at it's option, extend the contract on a year to year basis for up to four additional years; provided, however, that either party may at any time during the life of the contract, or any extension thereof, terminate the contract by giving thirty (30) calendar days notice in writing to the other party of its intention to cancel. Prices shall remain firm for the first twelve-month period of the contract unless an exception is stated by the vendor in its pr000sai response sheet. REQUEST FOR PROPOSAL—PROPOSAL DOCUMENTS 105011 Station Uniforms—Fire Department 3 December 20.2005 7. Price Increases: If an exception is stated in the proposal response sheet and prices are not firm for the first twelve month period of the contract and any renewals thereof, any price increase request must he in writing and approved by the Kent Fire Department. Vendors shall be allowed to adjust prices, provided, proof of manufacturer's price increase can be furnished to the City. If approved, the price increase shall take effect thirty (30) days after notification was received by the City. 8. Price Decreases: , During the contract period and any renewals thereof, any price declines at manufacturer's level shall be reflected in a reduction of the contract price to the City, retroactive to the date they were effective to the vendor. 9. Right to Reject/Accept: The City reserves the right to reject any or all proposals or to accept any proposal presented which meets or exceeds these specifications, and which would be in the best interests of the City and the City will not necessarily be bound to accept the lowest proposal. Once the City selects a vendor, the City is not obligated to solely purchase uniform products from that vendor. The chosen Vendor will not be the City's exclusive provider of these goods, materials, or services and the City will maintain its unqualified right to obtain these goods, materials, and sentices through other sources. B. SPECIAL INSTRUCTIONS 1. Proposal Due Date: Proposals shall be submitted to and date stamped by the Kent Fire Department, 24611 116"' Avenue SE, Kent, WA, 98032, by 5:00 p.m. on January 6th, 2006 in a sealed envelope labeled"Fire Department Uniform Proposals." 2. Delivery: Each vendor is required to list on the proposal and the proposal response sheet the number of calendar days it expects delivery to be made at the destination, in terms of time interval, following placement of an order. Each vendor shall have a local distributor. Time of delivery is important and will be considered in the evaluation of the proposals. Failure to include a specific number of calendar days may be sufficient grounds for rejection of a proposal. 3. Delivery Acceptance: i Uniform delivery will be accepted by the Kent Fire Department, Station # 74, 24611 116'h Ave SE, Kent, Washington, 98030 between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. 4. Exceptions: Specifications of the clothing proposed shall be equal to the specifications stated herein. No exceptions will be allowed. S. Invoices: Two copies of invoice(s) shall be submitted, unless otherwise specified. Invoices shall contain the following information: The Kent Fire Department purchase order number, item numbers, description of supplies or services, sizes, quantities, unit prices, extended totals, and discounts offered, if applicable. One copy of the invoice REQUEST FOR PROPOSAL—PROPOSAL DOCUMENTS 10505 Station Umformc—Fire Department 4 December 2Q,2005 shall be submitted with the packing slip and sent to: Kent Fire Department, Attention: Tracy Staggers — Station 77, 24611 116th Ave SE, Kent, WA 98030. The second invoice shall be sent to: Kent Fire Department, Attention: Accounts Payable, 24611 116" Ave SE, Kent, WA 98030. 6. Returns: The Kent Fire Department reserves the right to return items as needed. Reasons for return may include, but are not limited to: vendor failing to meet established delivery dates, incorrect sizing, and damaged items. The vendor shall pay all shipping and other costs incurred from the returning of items. 7. Payments: Payment will be mailed within thirty (30) days receipt of (a) delivery and acceptance of the items, (b) a properly completed invoice, and (c) all papers required to be delivered with the items. S. Standard Warranty: Any materials and labor provided shall carry standard warranty coverage furnished by the trade in general and as provided in the negotiated contract, a sample of which is included within these proposal documents. 9. Equal/Approved Equal: These specifications are intended to be precise where a specific make, model, or trade name is requested. 10. Qualifications: To be eligible for award, vendors shall be an authorized distributor or manufacturer of WorkRite Nomex uniforms. The successful vendor shall have samples available upon request for open inspection, provided at no cost to the City 11. Cancellation: The City may cancel any purchase order and/or contract, or any part thereof, by written notice at any time without penalty for its own convenience, for default of the vendor, or for non-appropriation of funds. 12. Other City Departments and Like Items Added: At any time during the term of a negotiated contract, or any extension thereof, other City departments may be served under these same terms and conditions. Additional like items may be added at the request of the Kent Fire Department. 13. Questions: For additional questions regarding techn':cal specifications, contact Tracy Staggers, Supplies;In ventory Specialist, at 253-856-4479. 14. Technical Specification Analysis: Each vendor shall complete the °TECHNICAL SPECIFICATION ANALYSIS' section of the proposal response sheet and the same shall be returned with the vendor's proposal. Failure to do so will be cause for resection of said proposal. Vendor shall check "COMPLIANT" if they do comply 100% with that particular specification, or "EXCEPTION" if they do not. If "EXCEPTION" is checked, vendor must explain in the "EXPLAIN" column on the right how its specification deviates. REQUEST FOR PROPOSAL—PROPOSAL DOCUMENTS 10508 Station Uniforms—Fire Department 5 December 20,2005 Checking "EXCEPTION" on any item will not necessarily disallow vendor's proposal The City shall be the sole judge as to whether an exception is acceptable or not. C. DEFINITIONS SHALL: Means mandatory. D. TECHNICAL SPECIFICATIONS ANALYSIS 1. STATION UNIFORM SHIRT a) Shirt shall be WorkRite with scalloped pocket, item # 720NMX45 NB. Shirt shall have two Kent Fire Department patches sewn on both sleeves at shoulder. Patches will be provided by the Kent Fire Department. Shirt shall have Nomex clothe name tag, centered above the right pocket. Shirt shall have double button holes for badge above left pocket. The top button hole shall be 2 inches above left pocket, and bottom hole shall be 1 inch above left pocket. COMPLIANT EXCEPTION ❑ (Explain) 2. STATION UNIFORM PANTS a) Pants shall be WorkRite, A cut, item # 40ONMX75 NB COMPLIANT ❑/ EXCEPTION ❑ (Explain) b) Pants shall be WorkRite, B cut, item # 402NMX75 NB COMPLIANT [g--� EXCEPTION ❑ (Explain) 1 I i REQUEST FOR PROPOSAL—PROPOSAL DOCUMENTS 10508 Sranon Uniforms—Fire Department 6 December 20.2005 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of -Ptin - ,. 2005. By: For: Title: Date; Z 'Z -7 or EEO COMPLIANCE DOCUMENTS-I OF 3 Kent City Council Meeting Date February 7, 2006 Category Consent Calendar 1. SUBJECT: KING COUNTY PUBLIC ENTITY SERVICES CONTRACT— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the King County public entity services contract for reimbursement of prescribed medications at the Kent Corrections Facility. The purpose of this contract is to provide a means for reimbursement of up to a seven- day supply of medications to ameliorate the side effects of psychotropic medication, and make appropriate referral for mental health evaluation and other mental health services. The Kent Corrections Facility will be reimbursed on a cost basis The maximum reimbursement is determined by the total number of prescriptions authorized and delivered up to a total maximum funding of$28,000 for the period of January 1, 2006 through December 31, 2006. The agreement has been reviewed by the Law Department. 3. EXHIBITS: King County Public Entity Services contract - 2006 4. RECOMMENDED BY: Public Safety Committee 1/19/06 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure'? _ 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. 6L i POLICE DEPARTMENT Ed Crawford, Chief of Police • Phone 253-856-5888 K E N T Fax 253-856-6802 Address: 220 Fourth Avenue S Kent, WA 98032-5895 DATE: January 19, 2006 TO: Public Safety Comnuttee FROM: Ed Crawford, Chief of Police SUBJECT: King County Public Entity Services Contract -2006 MOTION: 1 move to recommend that Council authorize the Kent Police Department to enter into a contract with hin; County for reimbursement of prescribed medications at the City of Kent Correctiots Facility, place this item on the Consent Calendar of the February 7, 2006 Council Meeting and that the Mayor be authorized to sign said contract SUMMARY: The purpose of this contract is to provide a means for remibuisement of up to a seven- day supply of medications prescribed to defendants exiting jail for the put poses of relieving psychiatric symptoms, this includes medications to amehorate the side effects of psychotroplc medication, and make appropriate referral tot mental health evaluation and other mental health services. The City of Kent Corrections Facility will be reimbursed on a cost basis. The maximum reimbursement is determined by the total number of prescriptions authorized and delivered up to a total maximum funding of$28,000 for the period of January 1, 2006 through December 31,2006. The agreement has been reviewed by the Law Depattment. EXHIBITS: King County Public Entity Services Contract—2006 BUDGET IMPACT: None. iBACKGROUND: Public Safety Committee Subject-King County Contract w/CKCF Date January 19,2006 King County Contract No. D35707D Federal Taxpayer ID No. 91-6001254 Department/Division Community and Human Services/Mental Health, Chemical Abuse and Dependency Services Division Agency Kent Police Department Project Title Jail Transition Services Contract Amount $ 28,000 Fund Code Contract Penod From: January 1, 2006 To December 31, 2006 KING COUNTY PUBLIC ENTITY SERVICES CONTRACT— 2006 THIS CONTRACT is entered into by KING COUNTY (the "County"), and Kent Police Department (the "Agency"), whose address is City of Kent. 220 Fourth Avenue S , Kent WA 98032 WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES STATE $28,000 01/01/2006 to 12/31/2006 TOTAL $28,000 01/01/2006 to 12/31/2006 and WHEREAS, the County desires to have certain services performed by the Agency as described in this Contract, and as authorized by Ordinance No 15333, NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: This form is available in alternate formats for people with disabilities upon request. CJ—Kent Police Department Page 1 of 16 2006 Contract T I. EXHIBITS The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference, ❑ Certificates of insurance/Endorsements Attached hereto as Exhibit I ❑ 5041ADA Assurance of Compliance Attached hereto as Exhibit II ❑ Defendant Jail Transition and Psychotropic Attached hereto as Exhibit III Medication Services It. DURATION OF CONTRACT This Contract shall commence on the 1st day of January 2006, and shall terminate on the 31 st day of December 2006, unless extended or terminated earlier, pursuant to the terms and conditions of this Contract 111. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for satisfactory completion of the terms and conditions found in this Contract and its attached Exhibits. B The Agency shall submit an invoice and all accompanying reports as specified in the attached Exhibit(s), including its final invoice and all outstanding reports The County shall initiate authorization for payment to the Agency not more than 30 days after a complete and accurate invoice and all outstanding reports are received and approved. C If the Agency's final invoice and reports are not submitted by the day specified in the attached Exhibit(s), the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. IV. OPERATING BUDGET The Agency shall apply the funds received from the County under this Contract in accordance with the budget, if included within an Exhibit The Agency shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories within an Exhibit is expected to exceed ten percent of the total Exhibit budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment V. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, financial and governmental reporting standards as prescribed by the appropriate accounting standards board. VI. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. CJ—Kent Police Department Page 2 of 16 2006 Contract B These records shall be maintained for a period of six years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40 14. C. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten working days of any such relocation VII. AUDITS A. The Agency shall submit to the County a copy of its annual report of examinationlaudit, conducted by the Washington State Auditor, within 30 days of receipt B. Additional federal and/or state audit or review requirements may be imposed on the County, and the Agency shall be required to comply with any such requirements Vill. EVALUATIONS AND INSPECTIONS A. The Agency shall provide right of access to its facilities, including those of any subcontractor, to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County shall give advance notice to the Agency in the case of fiscal audits to be conducted by the County. B. The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six years after termination hereof, unless a longer retention period is required by law. C The Agency agrees to cooperate with the County or its agent in the evaluation of the Agency's performance under this Contract and to make available all information reasonably required by any such evaluation process The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42 17. IX. CORRECTIVE ACTION If the County determines that a breach of contract has occurred, that is, the Agency has failed to comply with any terms or conditions of this Contract or the Agency has faded to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure shall apply: A. The County shall notify the Agency in writing of the nature of the breach; B. The Agency shall respond in writing no later than ten working days following receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than 30 days from the date of the Agency's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions, C. The County shall notify the Agency in writing of the County's determination as to the sufficiency of the Agency's corrective action plan. The County shall have sole discretion in determining the sufficiency of the Agency's corrective action plan; CJ—Kent Police Department Page 3 of 16 2006 Contract D In the event that the Agency does not respond within the appropriate time with a corrective action plan, or the Agency's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section XI.B, E. In addition, the County may withhold any payment owed the Agency or prohibit the Agency from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed, and F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section XI. Subsections A, B, C, D, and E X. ASSIGNMENT/SUBCONTRACTING A. The Agency shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County Said consent shall be sought in writing by the Agency not less than 15 days prior to the date of any proposed assignment or subcontract. B. "Subcontract" shall mean any agreement between the Agency and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies XI. TERMINATION A. This Contract may be terminated by the County without cause, in whole or in part, prior to the date specified in Section ll, by providing the Agency 30 days advance written notice of the termination B. The County may terminate this Contract, in whole or in part, upon seven days advance written notice in the event (1)the Agency materially breaches any duty, obligation, or service required pursuant to this Contract; and/or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible If the Contract is terminated by the County pursuant to this Subsection XI.B (1), the Agency shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall immediately return to the County any funds, misappropriated or unexpended, which have been paid to the Agency by the County. C. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth in this Contract and its attached Exhibits, the County may, upon written notification to the Agency, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the County shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination, and (2) the Agency shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. CJ-Kent Police Department Page 4 of 16 2006 Contract Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract Should such appropriation not be approved, this Contract shall terminate at the close of the current appropriation year D. The Agency may terminate this Contract upon seven days written notice, should the County commit any material breach of this Contract E This Contract may be terminated by the Agency without cause, prior to the date specified by providing the County 90 days advance written notice of the termination. The Agency shall provide the County 90 days advance written notice of its intent not to renew this Contract, in whole or in part. F Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. MI. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XIII. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Agency is an independent Contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose The Agency shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Agency, its employees, and/or others by reason of this Contract. The Agency shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Agency's failure to pay any such compensation, wages, benefits, or taxes, and/or (2)the supplying to the Agency of work, services, materials, or supplies by Agency employees or other suppliers in connection with or support of the performance of this Contract. B. The Agency further agrees that it is financially responsible for and shall repay the County all indicated amounts following an audit exception that occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Agency, its officers, employees, agents, and/or representatives This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination sections. 1 C. The Agency shall protect, defend, indemnify, and save harmless the County, its officers, employees, and agents from any and all costs, claims,judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Agency, its officers, employees, and/or agents, in its performance and/or non-performance of its obligations under this Contract. The Agency agrees that CJ—Kent Police Department Page 5 of 16 2006 Contract its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Agency, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Agency. D. The County shall protect, defend, indemnify, and save harmless the Agency, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the sole negligent acts or omissions of the County, its officers, employees, or agents. The County agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents For this purpose, the County, by mutual negotiation, hereby waives, as respects the Agency only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW In the event the Agency incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. F To the extent that an Agency subcontractor fails to satisfy its obligation to defend and indemnify the County as detailed in Section XVII.B_ of this Contract, the Agency shall protect, defend, indemnify, and hold harmless the County, its officers, employees and agents from any and all costs, claims,judgments, and/or awards or damages arising out of, or in any way resulting from, the negligent act or omissions of the Agency's Subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract G. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract CJ—Kent Police Department Page 6 of 16 2006 contract XIV. INSURANCE REQUIREMENTS A. By the date of execution of this Contract, the Agency shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Agency, its agents, representatives, employees, and/or subcontractors The costs of such insurance shall be paid by the Agency or subcontractor The Agency may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Agency is responsible for ensuring compliance with all of the insurance requirements stated herein Failure by the Agency, its agents, employees, officers, and or subcontractors, to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. For All Coverages Each insurance policy shall be written on an "occurrence" form; except that insurance on a `claims made" form may be acceptable with prior County approval If coverage is approved and purchased on a "claims made" basis, the Agency warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of Contract termination, and/or conversion from a "claims made" form to an `occurrence" coverage form. By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Agency under this Contract The Agency shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(ies) Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract B. Minimum Scope of Insurance Coverage shall be at least as broad as: 1 General Liability: Insurance Services Office form number(CG 00 01) covering COMMERCIAL GENERAL LIABILITY) t2. Professional Liability: Professional Liability, Errors, and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided "Professional Services", for the purpose of this Contract section, shall mean any services provided by a licensed professional or those services that require professional standards of care 3. Automobile Liability: CJ—Kent Police Department Page 7 of 16 2006 Contract In the event that services delivered pursuant to this Contract require the use of a vehicle or involve the transportation of clients by Agency personnel in Agency- owned vehicles or non-owned vehicles, the Agency shall provide evidence of the appropriate automobile coverage Insurance Services Office form number(CA 00 01) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. 4. Workers' Compensation Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or "Other States" state law. 5 Stop Gap/Employers Liability j Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy C. Minimum Limits of Insurance The Agency shall maintain limits no less than, for. 1. General Liability. $1,000,000 combined single limit per occurrence by bodily Injury, personal injury, and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit. 2. Professional Liability, Errors, and Omissions- $1,000,000 per claim and in the aggregate 3. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Except if the transport of clients by Agency personnel is involved, then Risk Management will review the appropriate amount of coverage. 4. Workers' Compensation: Statutory requirements of the state of residency 5. Stop Gap/Employers Liability: $1,000,000 D. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County The deductible and/or self-insured retention of the policies shall not apply to the Agency's liability to the County and shall be the sole responsibility of the Agency. E. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions- 1. Liability Policies Except Professional/Errors and Omissions and Workers Compensation CJ—Kent Police department Page 8 of 16 2006 Contract a. The County, Its officers, officials, employees, and agents are to be covered as additional insureds as respects liability at Ising out of activities performed by or on behalf of the Agency in connection with this Contract. b. The Agency's insurance coverage shall be primary Insurance as respects the County, Its officers, officials, employees, and agents. Any Insurance and/or self-insurance maintained by the County, Its offices, officials, employees, or agents shall not contribute with the Agency's insurance or benefit the Agency In any way. C. The Agency's insurance shall apply separately to each insured against whom claim Is made and/or lawsuit Is brought, except with respect to the limits of the insurer's liability 2 All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after 45 days prior written notice has been given to the County F. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII Professional Liability, Errors, and Omissions Insurance may be placed with Insurers with a Bests' rating of B+VII. Any exception must be approved by the County. If, at any time, the foregoing policies shall fad to meet the above minimum requirements the Agency shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. G Verification of Coverage The Agency shall furnish the County certificates of insurance and endorsements required by this Contract Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the Contract The certificates and endorsements for each Insurance policy are to be signed by a person authorized by that insurer to bind coverage on Its behalf The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract The County reserves the right to require complete, certified copies of all required Insurance policies at any time. H Subcontractors The Agency shall include all subcontractors as insureds under it policies or shall require separate certificates of Insurance and policy endorsements from each subcontractor If the Agency is relying on the Insurance coverages provided by subcontractors as evidence of compliance with the Insurance requirements of this Contract then such requirements and documentation shall be subject to all of the requirements stated herein I. Municipal or State Agency Provisions CJ-Kent Police Department Page 9 of 16 2006 Contract If the Agency is a Municipal Corporation or an agency of the State of Washington and is self insured for any of the above insurance requirements, a certification of self- insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section Xv. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment Provision of Services During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability in the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. King County Codes Chapters 12 16 and 12.17 are incorporated herein by reference, and such requirements shall apply to this Contract. B. Nondiscrimination to Subcontracting Practices During the solicitation, award and term of this Contract, the Agency shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Agency shall not discriminate against any person on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person. C. Compliance with Laws and Regulations The Agency shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination These laws include, but are not limited to, KCC 12.17, RCW Chapter 49 60, Titles VI and VII of the Civil Rights Act of 1964. 42 U S C. 2000(a) et seq , the Americans with Disabilities Act, 42 U.S C 12102 et seq , and the Restoration Act of 1987 The Agency shall further comply fully with any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents. D. Small Business and Minority and Women Business Enterprise Opportunities The County encourages the Agency to utilize small businesses, including Minority- owned and Women-owned Business Enterprises ("M/WBEs") in County contracts. The County encourages the Agency to use the following voluntary practices to promote open competitive opportunities for small businesses, including M/WBEs: 1. Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to provide project information and to inform small businesses and other firms of contracting and subcontracting opportunities. 2. Placing all qualified small businesses, attempting to do business in King County, including M/WBEs, on solicitation lists, and providing wntten notice of subcontracting opportunities to these firms capable of performing the work, CJ—Kent Police Department Page 10 of 16 2006 Contract Including without limitation all businesses on any list provided by the County, in sufficient time to allow such businesses to respond to the written solicitations. 3. Breaking down total requirements Into smaller tasks or quantities, where economically feasible, in order to permit maximum participation by small businesses, including M/WBEs 4. Establishing delivery schedules, where the requirements of this Contract permit, that encourage participation by small businesses, Including M/WBEs. 5. Providing small businesses, including M/WBEs that express interest with adequate and timely Information about plans, specifications, and requirements of the Contract 6. Using the services of available community organizations, contractor groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of small businesses, including MIWBEs. 7. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified M/WBEs Contact OMWBE office at 360- 753-9693 or on-line through the web site at www wsdot wa gov/omwbe/ E. Fair Employment Practices County Code Chapters 12 16 and 12 18 are incorporated by reference as if fully set forth herein and such requirements apply to this Contract During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall engage in unfair employment practices F. Record-Keeping Requirements and Site Visits The Agency shall maintain, for at least six years after completion of all work under this Contract, the following 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract, and 2. Records, including written quotes, bids, estimates or proposals submitted to the Agency by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records The County may visit, at any time, the site of the work and the Agency's office to review the foregoing records The Agency shall provide every assistance requested by the County during such visits In all other respects, the Agency shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Agency shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents CJ-Kent Police Department Page 11 of 16 2006 Contract G. Sanctions for Violations Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the Agency may be subject to damages, withholding payment and any other sanctions provided for by the Contract and by applicable law H Reporting The Agency shall complete all reports and forms provided by the County and shall otherwise cooperate fully with the County in monitoring and assisting the Agency in providing nondiscriminatory programs XVI. SECTION 504 AND AMERICANS WITH DISABILITIES ACT (ADA) The Agency has completed a 5041ADA Self-Evaluation Questionnaire for all programs and services offered by the Agency (Including any services not subject to this Contract) and has evaluated Its services, programs and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, 29 U S C. 701 et seq as amended ("504") and the American Disabilities Act, 42 U S C 12102 et seq The Agency has completed, attached as an exhibit to this Contract, and incorporated herein by reference a 504/ADA Assurance of Compliance XVII. SUBCONTRACTS AND PURCHASES A. The Agency shall include the above Sections IV, V, VI, VII, VIII, XII, XIII, XIV, XV, and XVI, in every subcontract or purchase agreement for services which relate to the subject matter of this Contract. B The Agency agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." XVIII. CONFLICT OF INTEREST A. The Agency agrees to comply with the provisions of KCC Chapter 3.04. Failure to comply with any requirement of KCC Chapter 3.04 shall be a material breach of this Contract, and may result in termination of this Contract pursuant to Section XI and subject the Agency to the remedies stated therein, or otherwise available to the County at law or in equity. B. The Agency agrees, pursuant to KCC 3.04 060. that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any County official or employee. The Agency acknowledges that if it is found to have violated the prohibition found in this paragraph, its current CJ—Kent Police Department Page 12 of 16 2006 Contract contracts with the County will be cancelled and it shall not be able to bid on any County contract for a period of two years C. The Agency acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial Interest in a contract or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment Agency shall identify, at the time of offer, current or former County employees involved in the preparation of proposals or the anticipated performance of work if awarded the Contract Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract After Contract award, the Agency is responsible for notifying the County's project manager of current or former County employees who may become involved in the Contract any time during the term of the Contract XIX. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shalt be used for any partisan political activity or to further the election or defeat of any candidate for public office_ XX. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. The Agency agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of $1,000 per item or more when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government B. The Agency shall be responsible for all such property, including the proper care and maintenance of the equipment C The Agency shall ensure that all such equipment shall be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. D. The Agency shall admit County staff to the Agency's premises for the purpose of marking such property with County property tags E. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds XXI. NOTICES Whenever this Contract requires that notice be provided by one party to another, such notice shall be. A. In writing; and B. Directed to the chief executive officer of the Agency and the director of the County department specified on page one of this Contract Any time within which a party must take some action shall be computed from the date that the notice is received by said party CJ-Kent Police Department Page 13 of 16 2006 Contract XXII. PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County. The County agrees to and does hereby grant to the Agency, Irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency that are not modified for use in the performance of this Contract XXIII. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract XXIV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Agency shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each document printed on recycled paper bears an imprint identifying it as recycled paper. If the cost of recycled paper is more than 15 percent higher than the cost of non-recycled paper, the Agency may notify the Contract Administrator, who may waive the recycled paper requirement. The Agency shall use both sides of paper sheets for copying and printing and shall use ■ recycled/recyclable products wherever practical in the fulfillment of this Contract i XXV. ENTIRE CONTRACTIWAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract XXVI. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The Agency and any subcontractor(s) agree to abide by the terms of the Revised Code of Washington, rules and regulations promulgated thereunder, and the DSHS and County Agreement on General Terms and Conditions between the Department of Social and Health Services and King County, as amended, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. CJ—Kent Police Department Page 14 of 16 2006 Contrail In the event of a conflict between any of the language contained in any exhibit or any attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary XXVII. CONFIDENTIALITY The Agency agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law_ tXXVIII. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTBILITY ACT OF 1996 (HIPAA) Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CFR Parts 160 and 164 A. Obligations and Activities of the Agency 1. The Agency agrees not to use or disclose protected health information other than as permitted or required by law. 2. The Agency agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, Integrity, and availability of the protected health Information that it creates, receives, maintains, or transmits on behalf of the County as required by 45 CFR Part 164, Subpart C 3. The Agency agrees to mitigate, to the extent practicable, any harmful effect that is known to the Agency of a use or disclosure of protected health Information by the Agency in violation of the requirements of this Contract. 4. The Agency agrees to report all unauthorized or otherwise Improper disclosures of protected health information or security Incident, to the County within two days of the Agency's knowledge of such event. 5. The Agency agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Agency on behalf of King County, agrees to the same restrictions and conditions that apply through this Contract to the Agency with respect to such information. 6. The Agency agrees to make available protected health information in accordance with 45 CFR § 164 524. 7. The Agency agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164.526_ B. The Agency agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by the Agency on behalf of King County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary determining King County compliance with the privacy rule CJ-Kent Police Department Page 15 of 16 2006 Contract 9. The Agency agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR§ 164.528 B. Permitted Uses and Disclosures by Business Associate The Agency may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate the Privacy Rule if done by King County or the minimum necessary policies and procedures of King County C. Effect of Termination 1. Except as provided in paragraph C.2 of this section, upon termination of this Contract, for any reason, the Agency shall return or destroy all protected health information received from King County, or created or received by the Agency on behalf of King County This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Agency The Agency shall retain no copies of the protected health information. 2. In the event the Agency determines that returning or destroying the protected health information is infeasible, the Agency shall provide to King County notification of the conditions that make return or destruction infeasible Upon notification that return or destruction of protected health information is infeasible, the Agency shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Agency maintains such protected health information. KING COUNTY KENT POLICE DEPARTMENT FOR King County Executive Signature Date NAME (Please type or print) Date Approved by DCHS Director Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY October 17, 2005 CJ—Kent Pohce Department Page 16 of 16 2006 Contract 504/ADA SELF-EVALUATION AND ASSURANCE OF COMPLIANCE Instructions 504/ADA Self-Evaluation Questionnaire Form This form will help you evaluate your organization's or firm's programs and services, employment, and facilities to ensure they are accessible to people with disabilities Complete the 504/ADA Self- Evaluation Questionnaire and keep it on file at your office. Do not return it with your contract "Quick Look" Barriers Checklist Note. This form only pertains to the main office of a construction company, not the construction sites. Firms that provide services outside their office do not need to write a corrective action plan for physical accessibility as long as these services are provided in an accessible location for people with disabilities who cannot access the office. However, physical access must also be reviewed in light of hiring an individual with a disability or accommodating a current employee who becomes disabled. 504/ADA Assurance of Compliance Form • Complete this form. If your organization or firm is out of compliance with any of the 504/ADA requirements, indicate on the 504/ADA Disability Assurance of Compliance form the corrective actions that will be taken to achieve compliance and the date these actions will be completed • Sign the Assurance of Compliance form and send the original back with your contract. Keep a copy of the form on file in your office for use during on-site reviews. You will be notified at least one week in advance of any scheduled review. (Note: This form may be used as an exhibit with other King County contracts for two years from the date the form is completed.) If you have questions regarding this process, or if you require this material in an alternate format, please contact a King County 504/ADA Disability Compliance Specialist at 206-296-7592 or 206-296-7596 TTY, or by e-mail: Civil-Rights.00R@metrokc.gov. 504/ADA General Information Federal and State laws prohibit discrimination based on disability. Section 504 of the Rehabilitation Act of 1973, as amended (504), and the Americans with Disabilities Act of 1990 (ADA) require that King County and all organizations and firms contracting with King County, except those providing tangible goods, comply with the 504/ADA accessibility requirements. Under 504 and ADA, a "qualified individual with a disability" is anyone who has, has a history of, or is perceived as having a physical or mental impairment which substantially limits one or more major life activities. Disabilities include, but are not limited to: mobility, visual, hearing, or speech disabilities; mental illness, epilepsy; learning disability; brain injury, HIV/AIDS, arthritis; cerebral palsy; multiple sclerosis; developmental disability; and alcohol and/or drug addiction. CJ-Kent Police Department Page 1 of 8 2006 Contract-Exhibit 11 U15AI:31LI 1 Y K1_-5VUKUt L15 I Note: Inclusion in this resource list does not constitute endorsement by King County Government, nor does omission imply non-endorsement Our goal is to provide you with information on some key resources available. Please contact us if you know of a useful resource missing from this list. King County Office of Civil Rights (U.S. Dept. of Justice) Enforcement Provides free technical assistance and Disability Compliance Specialist, Yesler Building, informational materials to people with 400 Yesler Way, Room 260, Seattle, WA 98104- disabilities, businesses, state and local 2683, 206-296-7592 V, government agencies, and the general public on 206-296-7596 TTY; 206-296-4329 Fax; rights and responsibilities under Titles II and III e-mail- Civil-Rights OCR@metrokc gov of the ADA 800-514-0301 VtTTY. web site: www.metrokc gov/dias/ocre/ web site: www.usdoa gov/crt/ada/ Governor's Committee on Disability Issues Washington Assistive Technology Alliance I and Employment (GCDE) (WATA) Advises and informs the Governor, state and Information & referral to disability resources, local governments, the business community, including assistive technology options, funding and the disability community on ADA and other sources, legal issues, accommodations issues related to disability policy 509-328-9350 V/TTY; 800-214-8731 V/TTY; Olympia. 360-438-3168 V, 360-438-3167 TTY; 509-326-2261 Fax; e-mail: spokane@seals.org Spokane: 509-532-3149 V, 509-532-3113 TTY. web site: wata.org/wata/eatrc/index.htm GCDE publishes "Producing Materials in Job Accommodations Network (JAN) Alternative Formats: A Guide for Agencies" An international toll-free consulting service that which provides information on producing provides information regarding the ADA, job materials in large print, on audio tape or accommodations and the employability of computer disk, and Braille Send a written people with disabilities. P.O. Box 6080, request for a copy. 918 Chestnut Ridge Road, Suite 1, Morgantown, WV 26506-6080; Northwest ADA/IT Center JAN--ADA Information 800-526-7234 V/TTY; Provides information on the Americans with 800-ADA-WORK (232-9675) V/TTY; Disabilities Act and accessible information web site. janweb.tcdi.wvu.edu/ technology in Alaska, Idaho, Oregon and Washington. Oregon Health & Science University Emergency Procedures for Employees with P.O. Box 574, Portland, Oregon 97207-0574 Disabilities in Office Occupancies 800-9 49-4232, voice and TTY A procedural guideline funded by the US Fire 503-418-0785, FAX; nwada+7aohsu.edu Administration and developed by the National Institute of Standards and Technology with Sprint Washington Telecommunications assistance from the National Task Force on Life Relay Service (TRS) Safety and People with Disabilities Write for a Provides free telephone accessibility with TTY copy: United States Fire Administration, 16825 users 500 1081h Avenue NE, Suite 800, South Seton Avenue, Emmitsburg, MD 21727. Bellevue, WA 98004, Relay Services* 800-833- 6388 TTY; 800-833-6384 V ADA Technical Assistance Hotline CJ-Kent Police Department Page 2 of 8 2006 Contract-Exhibit 11 504/ADA SELF-EVALUATION QUESTIONNAIRE General Requirements Please check the appropriate answers. If necessary, attach additional pages of explanation. If you have fewer than 15 employees, please skip the first section and start with "Program Access." YES NO N/A ' 1. Do you have a 504/ADA coordinator? If so, who? O O 0 Name Title Phone 2. Do you have an internal grievance procedure that allows for quick and prompt solutions for any complaints based on alleged noncompliance with 504/ADA? O O O 3. Do you have a policy that provides for notifying participants, applicants, employees, unions, and professional organizations holding collective bargaining or professional agreements that you do not discriminate on the basis of disability? O O O 4. Have you notified these individuals of your nondiscrimination policy? O O D 5. Do you provide ongoing staff training to ensure that staff fully understand your policy of nondiscrimination on the basis of disability and can take all appropriate steps to facilitate the participation of individuals with disabilities in agency programs and activities? O O O Program Access 1. Do you notify the public and other interested parties that agency meetings, board of director meetings, hearings, conferences, public appearances by elected officials, and interviews will be held in accessible locations? O O O 2. Do you notify the public and other interested parties that auxiliary aids (sign language interpreters, readers) will be provided, upon request, to participants with disabilities? O O O 3. Do you have a Teletypewriter (TTY), or do you use the statewide Telecommunications Relay Service to facilitate communication with individuals who use TTYs for communication purposes? O O O 4. Do you provide ongoing training to familiarize appropriate staff with the operation of the TTY (or Relay Service) and other effective means of communicating over the telephone with people with disabilities? O O O CJ—City of Kent Page 3 of 8 2006 Contract—Exhibit 11 Program Access (continued) YES NO N/A 5 Do you make available, upon request, written material in alternate formats for people who have disabilities? (Alternate formats Include large print, Braille, and audiocassette tapes) O O O 6. Are printed posters, announcements, and printed materials (including graphics) clearly legible and placed in physically accessible locations where print can be read from a wheelchair? O O O 7. If you have a mailing list for the purposes of information dissemination, does it include various disability groups? O O 0 8. Are your TTY number and procedures for accessing your services printed on all material distributed to the public? O 13 O 9. Do you have a policy and procedure for safe emergency evacuation of people with disabilities from your facility(s)? O O O Employment and Reasonable Accommodation 1. When gathering affirmative action data regarding disabilities, do you make it clear that: • the Information requested is intended for use solely in connection with reporting requirements; • the Information is voluntary; • the information will be kept confidential, and • refusal to provide or providing the information will not subject the applicant or employee to any adverse treatment? O O O 2. If you make pre-employment medical Inquiries or conduct pre- employment medical examinations: • Is the inquiry related to the applicant's ability to perform the job? O O O • Do you condition offers of employment on the results of these examinations? O O O • Is the examination required for all employees in the same job classification? O O O • Are all applicants in the same job classification asked the same medical and/or interview questions? O O O 3. During the application, interviewing, hiring, and employment process, do you provide reasonable accommodations to applicants and employees with disabilities? O O O i CJ—City of Kent Page 4 of 8 2006 Contract—Exhibit 11 Employment and Reasonable Accommodation (continued) YES NO N/A 4. Do you have a written policy stating the following? 504/ADA requires that information concerning an applicant's medical condition or history must be kept separate from personnel records and may be shared in only three ways: (1) supervisors and managers may be informed of restrictions on the work or duties of individuals with disabilities and informed of necessary accommodation(s); (2) first aid and safety personnel may be informed if the condition might require emergency treatment; and (3) government officials investigating compliance with 504/ADA shall be provided with relevant information upon request. O O O Physical Accessibility Complete the "Quick Look" Barriers Checklist and then answer the following questions: 1 Is the building(s) where your business is located barrier-free? O O O 2. If you checked NO to any of the Items on the Employment and Reasonable Accommodation checklist above, would these areas prevent an individual with a disability from accessing your program(s) or service(s)? O O O If access would be impacted, describe on the Corrective Action Plan what steps will be taken to eliminate the barrier(s) If there are extenuating circumstances which would make barrier removal a financial or administrative burden, please explain in the Corrective Action Plan. This 504/ADA Self-Evaluation Questionnaire was completed by: Print name Date Phone Number t i CJ—City of Kent Page 5 of 8 2006 Contract—Exhibit 11 "QUICK LOOK" BARRIERS CHECKLIST I This checklist is designed to give a quick appraisal of potential problem areas for accessibility. For detailed review standards, refer to the Washington State Administrative Code (WAC) 51-40-1100, Chapter 11—Accessibility. If you are not located in State of Washington, you may refer to federal ADA Accessibility Guidelines (ADAAG), state or local laws and regulations. YES NO N/A Building Access • Are 96" wide parking spaces designated with a 60" access aisle? o o a ■ • Are parking spaces near main building entrance? O CI a i • Is there a "drop off' zone at the budding entrance? o O o • Is the gradient from parking to building entrance 1:12 or less? o o o • Does the entrance doorway have at least 32" wide clearance? a a o • Is the door threshold no more than 1/2" high? O a a • Is the door handle easy to grasp? a o a j • Are the doors easy to open (budding entrance maximum 8.5 lbs. pressure, all internal doors 5 lbs max.)? o a o • Are other than revolving doors available? o a o Building Corridors • Is path of travel free of obstruction and at least 36" wide? o o a • Is floor surface firm and slip resistant? o O a • Do obstacles (phones, fountains) protrude no more than 4"? O a o • Are elevator controls no higher than 48"? o a o • Are elevator markings in Braille? CI o a • Does elevator provide audible signals? o o o • Elevator interior provides minimum 51" turning area for wheelchairs? o o o Restrooms • Are restrooms near building entrance or personnel office? O o o • Do doors have lever handles? o o a i • Do restroom entrance doors have at least 32" wide clearance? CI o a • Is restroom large enough for wheelchair turnaround (51" minimum)? o O a • Are stall doors at least 32" wide? a O Cl • Are grab bars provided in toilet stalls? o o o • Are sinks at least 30" high with room for a wheelchair to roll under? o o a • Are sink handles easily reached and used? a o CI • Are soap dispensers and towels no more than 48" from the Floor? O o CI Personnel Office • Do doors provide at least 32" wide clearance? o o o • Is the door easy to open? (max. 5 lbs. pressure) o O o i • Is the door threshold no more than 1/2" high? o o o • Is the path of travel between furniture wide enough for wheelchairs? O o a CJ—City of Kent Page 6 of 3 2006 Contract—Exhibit I I 504/ADA DISABILITY ASSURANCE OF COMPLIANCE Complying with Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans With Disabilities Act of 1990, two federal laws which prohibit discrimination against qualified people with disabilities. I understand that federal and state laws prohibit discrimination in public accommodations and employment based solely on disability. In addition, I recognize that Section 504 requires recipients of federal funds (either directly or through contracting with a governmental entity receiving federal funds) to make their programs, services, and activities, when viewed in their entirety, accessible to qualified and/or eligible people with disabilities I agree to comply with, and to require that all subcontractors comply with. the Section 504/ADA requirements I understand that reasonable accommodation is required in both program services and employment, except where to do so would cause an undue hardship or burden agree to cooperate in any compliance review and to provide reasonable access to the premises of all places of business and employment and to records, files, information, and employees therein to King County for reviewing compliance with Section 504 and ADA requirements. I agree that any violation of the specific provisions and terms of the 504/ADA Disability Assurance of 1 Compliance and/or Corrective Action Plan required herein or Section 504 or the ADA, shall be deemed a breach of a material provision of the Contract between the County and the Contractor. Such a breach shall be grounds for cancellation, termination, or suspension, in whole or in part, of this Contract by the County. According to the responses to the questions in the 504/ADA Self-Evaluation YES NO Questionnaire, {company name) Ll O is in compliance with 504/ADA. If the above response is NO, the following corrective actions will be taken: Corrective Action Plan The following Corrective Action Plan is submitted to comply with Section 504 and ADA requirements. General Requirements Actions To Be Taken Completion Date Program Access Actions To Be Taken Completion Date CJ—City of Kent Page 7 of 8 2006 Contract—Exhibit II 504/ADA DISABILITY ASSURANCE OF COMPLIANCE (continued) Employment and Reasonable Accommodation Actions To Be Taken Completion Date Physical Accessibility Actions To Be Taken Completion Date I Declare Under Penalty of Perjury under the Laws of the State of Washington that the Foregoing is True and Correct. Signature of authorized slgnator Type or print name of authorized slgnator Title Telephone For Notary: State of , County of , Signed and swom before me on (date) by (print authorized signator name) Notary signature: Notary (print name): My appointment expires: Contractor City of Kent Company Name City of Kent 220 (Fourth Avenue South Kent WA 98032 Street Address City State Zip CJ—City of Kent Page 8 of 8 2006 Contract—Exhibit 11 EXHIBIT III KENT POLICE DEPARTMENT DEFENDANT JAIL TRANSITION AND PSYCHOTROPIC MEDICATION SERVICES I, WORK STATEMENT The Agency shall provide up to a seven-day supply of medications prescribed to defendants exiting jail for the purposes of relieving psychiatric symptoms; this Includes medications to ameliorate the side effects of psychotroplc medication, and make appropriate referral for mental health evaluation and other mental health services. Funding Source The Agency shall be reimbursed on a cost basis The maximum reimbursement is determined by the total number of prescriptions authorized and delivered up to a total maximum funding of $2B4O00 for the period of January 1, 2006 through December 31, 2006 II. PROGRAM DESCRIPTION A Goal 1. To assure the availability of developmental and behavioral health care so that vulnerable populations can be as physically and mentally fit as possible. 2. To ensure that eligible Medicaid recipients, and non-Medicaid persons receive easily accessible, acceptable, culturally relevant, coordinated, comprehensive, and quality mental health services B. Objectives 1. To cover the costs for up to a seven-day supply of medications prescribed to defendants exiting jail for the purposes of relieving psychiatric symptoms; this includes medications to ameliorate the side effects of psychotroplc medication, depending on funding availability I 2. To provide data that will allow the analysis of client and program outcomes of providing the additional medications and linkage of appropriate clients to the Jail Transition Services programs operated by Seattle Mental Health (SMH) 3. To ensure that active engagement, treatment, and discharge planning occurs during incarceration or detention C. Definitions 1. Axis 1 major mental disorder: A mental disorder as defined by the Diagnostic and Statistical Manual fourth edition or as revised, that is ongoing and interferes with age- appropriate social and role functioning 2. Defendant: An individual incarcerated in a municipal jail awaiting release 3. Medicaid Recipient An individual who is currently enrolled in the Medicaid program, as shown on the medical identification card CJ—Kent Police Department Page 1 of 5 2006 Contract—Exhibit III 4. Non-Medicaid Client- Individuals who do not hold a valid card showing they meet Medicaid eligibility requirements Mental health services will be available to non- Medicaid persons as resources permit. 5. Psychotropic Medications: Medications provided by a licensed physician, pharmacist or medical practitioner for the purpose of reducing psychiatric symptoms or the side effects of medications prescribed to reduce psychiatric symptoms. D. Eligibility 1. Client Eligibility for up to a seven-day supply of medications upon release includes adults who have an annual income of not more than 200 percent of federal poverty level and who a. Have an Axis 1 major mental disorder that is ongoing and that interferes with age- appropriate social and role functioning; and b. Received psychotropic medication, including medications to ameliorate the side effects of psychotropic medication, from authorized JHS medical staff prior to release from custody 2. Client Eligibility for referral to the Jail Transition Services program includes adults who have an annual income of not more than 200 percent of federal poverty level and who: a. Are being released from custody at the City of Kent Municipal Jail; b. Have a history of two or more incarcerations in King County, including the current incarceration, c. Have an Axis I major mental disorder that is ongoing and that interferes with age- appropriate social and role functioning, and an active substance-related disorder that is ongoing, d. Are not enrolled in outpatient tier services provided through the King County Mental Health Plan nor engaged in outpatient chemical dependency treatment services, excluding opiate substitution treatment, e. Are residents of King County or are homeless; f. Are referred by a representative of the court, and g Agree to participate in the program. 3. Clients who are not eligible for the Jail Transition Services program and should not be referred include a Defendants whose current charges include a sex offense or arson; b Defendants whose felony criminal history or registration status (regardless of current charges) includes arson or Level III Sex Offender, respectively. 4 Level II Sex Offender cases must be reviewed and approved by the Criminal Justice Initiative Program Manager prior to Jail Transition Services program placement CJ-Kent Police Department Page 2 of 5 2006 Contract-Exhibit III E. General Program Requirements 1. The Agency shall conduct services in accordance with state and federal confidentiality requirements including 42 CFR Part 2, 45 CFR Health Insurance Portability and Accountability Act (HIPAA) Parts 160 and 164, and 2. The Agency shall conduct services in accordance with state and federal requirements including applicable Washington Administrative Code (WAC) 289-20-240 and 246-869- 080. j 3. The Agency shall be solely responsible for compliance with generally accepted professional and ethical standards and for the quality of the services performed. All duties performed by the Agency shall be consistent with the applicable requirements of all formal bodies, governmental or otherwise, to which the Agency and Its clinicians are subject with respect to licensing, certification, registration, and/or accreditation. F. Program Specific Requirements 1. The Agency shall a Assess defendants incarcerated at the City of Kent Municipal Jail for program eligibility; b. Provide up to a seven-day supply of medications prescribed to defendants exiting jail for the purposes of relieving psychiatric symptoms, this includes medications to ameliorate the side effects of psychotropic medication, depending on funding availability, c. Provide program and participant data as requested by MHCADSD, and d Provide a referral to SMH's Jail Transition Services program, called START, prior to the eligible defendant's release from jail 2. The Agency shall a. Retain complete responsibility for and control of its practice and the practice of clinicians under its employ or contract; b. Be responsible for all acts and decisions in connection therewith; and c. Conduct its practice in accordance with its own best clinical judgment and discretion 3. The Agency shall work with the County to collaborate with the justice system liaisons, court staff, and SMH in arranging for services to persons referred by the jail III. COMPENSATION AND METHOD OF PAYMENT A Method of Payment 1. Reimbursement shall be provided monthly on a cost reimbursement of the medications purchased up to $28,000 which is the maximum amount agreed upon in this Exhibit. CJ—Kent Police Department Page 3 of 5 2006 Contract—Exhibit III 2. Payment shall be made monthly, subject to performance requirements being met and upon submission of a billing invoice and any reporting requirements as specified in this Exhibit IV. REPORTING REQUIREMENTS A. The Agency will provide the County with monthly expenditure reports and service volumes due within 15 days after the end of each month, except at the end of the calendar year, the end of the state fiscal year, the end of the federal fiscal year, and the end of the state biennium, when an earlier due date may be required. B. The Agency will provide report data in a format mutually agreed upon by the Agency and the County for the following data elements. Data Element Description First Name First Name Middle Name Middle Name Last Name Last Name DOB Birth date Gender M Male F Female Ethnicit 10 White 21 American Indian or Alaska Native 31 Asian Indian 32 Native Hawaiian 33 Other Pacific Islander 34 Other Asian 40 Black, African American, or Negro 50 Some other race 605 Chinese 608 Filipino 611 Japanese 612 Korean 619 Vietnamese 660 Guamanian or Chamorro 655 Samoan 999 Not re orted/Unknown Hispanic Origin 0 General Hispanic 709 Cuban 722 Mexican/Mexican-American/Chicano 727 Puerto Rican 799 Other Spanish/Hispanic 998 Not Spanish/Hispanic 999 Unknown Med Number Medicaid Number if Known SS Number Social Security Number if Known Jail Name of Jail Court Case Number Court Case Number Booking Date Date consumer was booked l CJ—Kent Police Department Page 4 of 5 2006 Contract—Exhibit III Exit date Date consumer was released from ail RSN listo 'To be completed by MHCADSD" Current Consumer was receiving RSN services at time of booking Consumer was not receiving RSN services at time of booking Past but had received RSN services in the past NA Consumer has not received RSN services in the past Intake Comp. In Jail Yes Mental health intake com leted prior to release from jail No Mental health intake not completed prior to release from jail Med A Com In Jail Medicaid application completed and submitted to CSO prior Yes to release from tail Medicaid application not completed and submitted to CSO No prior to release from jail Referred to COD Treatment Consumer referred to Jail Transition Services program upon Yes release No Consumer not referred or ineligible for Jail Transition Services program Referred out to Which Name of community-based agency to which the consumer Agency? was referred upon release CJ—Kent Police Department Page 5 of 5 2006 Contract—Exhibit III Kent City Council Meeting Date February 7, 2006 � Category Consent Calendar 1. SUBJECT: U.S. DEPARTMENT OF JUSTICE FY 2006 GRANT—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Police Department to apply for the Bureau of Justice Assistance FY 2006 Grant. The City's allocation for FY 2006 is $29,312 The grant funds will be used to plan for a crime analysis function with the purchase of equipment, supplies and training There is no City funding match required, although the grant program encourages a match The grant application must be available for review no less than 30 days prior to the deadline of March 2, 2006 3. EXHIBITS: U.S. Dept. of Justice grant document and Police Department budget document 4. RECOMMENDED BY: Public Safety Committee 1/19,106 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditures N/A Revenue? N/A Currently to 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. 6M POLICE DEPARTMENT � � Ed Crawford, Police Chief V KE>xT Phone 253-856-5890 w,s _ Fax 253-856-6802 Address 220 4`h Avenue So Kent,WA 98032 DATE: January 19, 2006 TO: Public Safety Committee FROM: Ed Crawford, Chief of Police MOTION: I move to recommend the Council authorize the Kent Police Department to apply for the Bureau of Justice Assistance FY 2006 Grant and placing this on the Consent Calendar of the-February 7, 2006 Council Meeting. j SUMMARY: The City of Kent's allocation for FY 2006 is $29,312. The grant funds would be used to plan for a crime analysis function with the purchase of equipment, supplies and training. There is no city funding match required, although the grant program encourages a match. The grant application must be available for review no less than 30 days prior to the deadline of March 2, 2006. EXHIBIT: U.S Dept of Justice, Edward Byrne Memorial Justice Assistance Grant document Kent Police Department —Budget Document required for grant application BUDGET IMPACT: None 1 BACKGROUND: This grant program replaces the Local Law Enforcement Block Grant (LLEBG). Public Safety Committee US Dept of Justice grant January 19,2006 FY2006 Edward Byrne Memorial Justice Assistance Grant Kent Police Department Crime Analysis Planning, Equipment and Training The Kent Police Department(KPD)plans to apply for the Bureau of Justice Assistance FY 2006 Edward Byrne Memorial Justice Assistance Grant The City of Kent's allocation foi FY 2006 is $29,312_ This grant program replaces the Local Law Enforcement Block Grant. There is no city funding match tequned, however the grant piogiam encourages a match. The grant application deadline is March 2, 2006. The police depattnxent has designated this finding to support an improved crime analysis function. A specialized crime analysis function enables police departments to identify crime trends more efficiently and communicate crime intelligence infotmation to officers so cnninals can he apprehended and crimes can lie pievented This funding will suppoi t planning for a crime analysis office,reallocation of staffing and training. The finding will also ptnchase equipment. The police department requests authorization to apply for the FY 2006 Edward Byrne Memorial Justice Assistance Grant. U.S.Department of Justice Office of Justice Programs Bureau of Justice Assistance 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2006 Local Solicitation ELIGIBILITY Units of local government on the FY 2006 Units of Local Government List are eligible to apply for JAG funds To view this list, go to www olp usdol govlBJA(Qrantliagallocations html DEADLINE All JAG applications are due by 8 00 p m eastern time on March 2,2006. FOR ASSISTANCE JAG Solicitation CluestionS6 Matthew • on,Director's •- e at Matthew.HansontMusdol.no Technical Assistance: GMS • Desk •1 ABOUT OJP Since 1984 the U S Department of Justice's(DOJ) Office of Justice Programs (OJP) has provided federal leadership in developing the nation's capacity to prevent and control crime, improve the criminal and juvenile justice systems, increase knowledge about crime and related issues,and assist crime victims. Through the programs developed and funded by its bureaus and offices, OJP works to form partnerships among federal state, and local government officials to control drug abuse and trafficking, reduce and prevent crime rehabilitate neighborhoods, improve the administration of justice in America, meet the needs of crime victims, and address problems such as gang violence, prison crowding,juvenile crime, and white collar crime OJP's senior management team—+comprised of the Assistant Attorney General, the Deputy Assistant Attorney Generals,and the five bureau heads—works together with dedicated managers and line staff to carry out this mission ABOUT BJA The Bureau of Justice Assistance(BJA),Office of Justice Programs, U S Department of Justice, supports law enforcement, courts, corrections,treatment,victim services, technology, and prevention initiatives that strengthen the nation's criminal justice system BJA provides leadership, services, and funding to America's communities by emphasizing local control, budding relationships in the field, developing collaborations and partnerships, promoting capacity budding through planning, streamlining the administration of grants, increasing training and technical assistance, creating accountability of projects, encouraging innovation, and ultimately communicating the value of justice efforts to decision makers at every level. ABOUT THE JUSTICE ASSISTANCE GRANT PROGRAM Proposed to streamline justice funding and grant administration,the Edward Byrne Memorial Justice Assistance Grant(JAG) Program(42 U.S.0 3750) allows states,tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant(LLEBG)Programs to provide agencies with the flexibility to prioritize and place justice funds where they are needed most Formula The JAG formula includes a state allocation consisting of a minimum base allocation with the remaining amount determined on population and Part 1 violent crime statistics, and a direct allocation to units of local government Once the state allocation is calculated, 60 percent of the funding is awarded to the state and 40 percent to eligible units of local government State allocations also have a required variable pass through to units of local government, calculated by the Bureau of Justice Statistics (BJS)from each state's crime expenditures. Purpose Areas JAG funds can be used for state and local initiatives, technical assistance, training, personnel,equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs. • Prevention and education programs. • Corrections and community corrections programs. • Drug treatment programs. • Planning, evaluation, and technology improvement programs. * Any jaw enforcement or justice initiative previously eligible for funding under Byrne or LLEBG is eligible for JAG funding 1 i i Responsibilities The chief executive officer of an eligible unit of local government or a local agency designated by the chief executive officer must apply for JAG funds A unit of local government receiving a JAG award will be responsible for the administration of the funds including distributing the funds, monitoring the award, submitting reports Including performance measure and program assessment data, and providing ongoing assistance to any subrecipients of the funds. Administrative Funds A unit of local government may use up to 10 percent of the award for costs associated with administering JAG funds Eligibility ' Units of local government appearing on the FY 2006 Units of Local Government List established by BJS are eligible to apply for JAG funds For JAG program purposes, a unit of local government is a town, township, village, parish, city, county,or other general purpose political subdivision of a state,or a federally recognized Indian tribe or Alaskan Native organization that performs law enforcement functions as determined by the Secretary of the Interior. In Louisiana, a unit of local government means a district attorney or a parish sheriff For a listing of eligible units of local government, go to www oip usdoi g(Dv/BJA/granUlag allocations html Disparate Certification A disparate allocation occurs when a constituent unit of local government is scheduled to receive one and one-half times more (four times more for multiple units of local government)than another constituent unit(s) while the other unit of local government bears more than 50 percent of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit(s) JAG disparates are certified by the Director of BJA, based in part on input from the state's Attorney General For a listing of disparate jurisdictions, go to www oip usdol gov/BJA/grant/Jagallocations html i * Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used The units of local government involved may establish a joint advisory board to carry out the joint application process When beginning the JAG application process, a Memorandum of Understanding (MOU)must be completed, signed,and faxed to OJP,indicating who will serve as the applicant/fiscal agent for the joint funds MOUs must be faxed to 202-354-4147.with the OJP Grants Management System (GMS)-generated application number printed on each page For a sample MOU, go to www oip usdoi gov/BJA/grant/06JAGMOU pdf Application Reviews The eligible unit of local government applying for a JAG award must make the grant application available ' for review to the governing body of the unit of local government or an organization designated by that governing body not fewer than 30 days before the application is submitted to BJA Also, the unit of local government must provide an assurance that the application or any future amendment was made public and an opportunity to comment was provided to citizens and to neighborhood or community organizations to the extent applicable law or established procedure makes such an opportunity available Supplanting Federal funds must be used to supplement existing funds for program activities and cannot replace, or supplant, nonfederal funds that have been appropriated for the same purpose Award Amount Of the 40 percent allocated for direct awards from BJA to units of local government, funds will be allocated based on the same ratio to such share as the average annual number of Part 1 violent crimes reported by the unit to the Federal Bureau of Investigation (FBI)for the 3 most recent calendar years for which data is available, to the number of Part 1 violent crimes reported by all units of local government in the state to the FBI for such years 2 i * For FY 2005, 2006, and 2007, BJA will allocate the local amount to units of local government in the same way the LLEBG amount was allocated among reporting and non-reporting units of local government. * If the allocation to a unit of local government is less than $10,000, the direct JAG award to the state will be increased by the total amount of such allocations to be distributed among state police ' departments that provide criminal justice services to units of local government and/or to any units of local government whose allocation is less than$10,000. Length of Award Awards are made in the first fiscal year of the appropriation and may be expended during the following 3 years,for a total of 4 years Extensions beyond this period may be made on a case-by-case basis at the discretion of the Director of BJA Match ' While match is not required with the JAG Program, match is an effective strategy for states and units of local government to expand funds and build buy-in for law enforcement and criminal justice initiatives. Trust Fund The unit of local government must establish a trust fund in which to deposit JAG funds The trust fund may or may not be an interest bearing account. Prohibited Uses JAG funds cannot be used directly or indirectly for security enhancements or equipment to nongovernmental entities not engaged in criminal justice or public safety Based on extraordinary and ' exigent circumstances making the use of funds essential, BJA may certify a unit of local government's request to use funds for. • Vehicles,vessels,or aircraft. • Luxury items • Real estate. • Construction projects,other than penal or correctional institutions. ' HOW TO APPLY The Catalog of Federal Domestic Assistance(CFDA) number for this solicitation is 16.738, titled"Edward Byrne Memorial Justice Assistance Grant Program"OJP requires that funding applications be submitted through the OJP Grants Management System (GMS). Faxed or mailed applications will not be accepted. To access the system,go to http Ngrants oip usdoj gov Applications submitted via GMS must be in one , of the following formats. Microsoft Word(doc), PDF file(pdf),or text(.txt) If you experience difficulties at any point in this process,call the GMS Help Desk at 888-549-9901 between 7 30 a m and 9 00 p m. eastern time. New GMS users must create a new account before submitting an application All JAG applications are due on or before 8 00 p m.eastern time on March 2,2006. i i Kent City Council Meeting Date February 7, 2006 Category Consent Calendar 1. SUBJECT: COSTCO WHOLESALE DONATION—ACCEPT 2. SUMMARY STATEMENT: Accept the donation from the Northwest Regional Office of Costco Wholesale to the Fire Department's Fall Prevention Program. The Fire Department received a donation in the amount of$200 from the Northwest Regional Office of Costco The funds will enable the Fire Department to continue to provide fall prevention/risk reduction equipment to the citizens in our community at no cost and to assist with providing professional counseling to juveniles, who after being interviewed by a Fire Department Juvenile Firestopper Interventionist, are determined to require additional professional assistance. These monies will be placed in a project account which will enable us to carry funds from year to year. ' 3. EXHIBITS: None 4. RECOMMENDED BY: Public Safetv Committee ]/]9/06 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT ' Expenditure? _ Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund V00030 6XXX.2950 Amount $200.00 Unbudgeted Revenue Fund V00030 56710.2950 Amount $200.00 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ' ACTION: Council Agenda Item No. 6N Kent City Council Meeting Date February 7, 2006 Category Consent Calendar ' 1. SUBJECT: BIRDSONG MEADOWS IMPROVEMENTS BILL OF SALE— ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Birdsong Meadows submitted by Mounu- Touma for 4 gate valves, 2 hydrants, 565 linear feet of waterline, 5 sanitary sewer manholes, 752 linear feet of PVC sewer line, 752 centerline linear feet of asphalt roadway, 16 storm sewer catch basins, 44,500 cubic feet of detention pond storage and 1,354 linear feet of HDPE sewer line. Bonds to be released after the maintenance period. This project is located at SE 233`d Place and 1161h Avenue SE. 1 3. EXHIBITS: Bill of Sale ' 4. RECOMMENDED BY: Public Works Director (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 ' DISCUSSION: ACTION: Council Agenda ' Item No 60 Bill of Sale Pagel of 3 1 KEN* T . W A S H f N G T O N MAIL TO: ENGINEERING DEPARTMENT ATTN: 2211 dTH AVENUE SOUTH KENT,WASH INGTON 98032 ' PROJECT; LOCATION: \' ' TAX ACCT NO: BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this day of 20 , by and between hereinafter called"Grantors", and City of Kent, a municipal corporation of King County,State of Washington, herinafter called "Grantee": ' WITNESSETH: That the said Grantors for a valuable consideration, does hereby grant, bargain, sell to Grantee the following described improvements: A. WATER-MAINS: together with a total of gate valves at$ ,i/ 4 U each, hydrants at$ ?35 f each and/ or any other ' appurtenances thereto. ON ,5'. 3,�7 PL. FROM /�`/ j1�.S.�" TO (street, esmt,etc) r Includin ..�� linear feet at$ cJ J�g_� � per LF of � �• (size& type) waterline. B. SANITARY SEWERS: Together with a total of manholes at $ ach and I or any other appurtenances thereto. ON YI!E: 2 33 --f)Z- FROM //1/1� 1�� I// . S TO (street,esmt,etc) !I Including linear feet at$ /'7•D 7 per LF of (size &type) ,f1 G- sewer line. C. STREETS: Together with curbs, gutters, sidewalks,and/ or any other appurtenances thereto. Bill of Sale ' Page 2 of 3 D. STORM SEWED: To ether with a total of manholes at$ each or a total of l catch basins at$ 6 each, - LF of biotiltration swale or drainage ditch with a total cost of S , i J D1> CF of detention pond storage with a total cost of$ 2�� 01>D , and /or any other appurtenances thereto. ON eSG= FROM �!� �. L TO CIF (fl,'��G�P�� , (street, esmt, etc) �f Including � linear feet at $ / • ZSU per LF of � 'Z) 12 (size& type) ' ` sewer line. To have and to hold the same to the said Grantee, its successors and assigns forever. , The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that , it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its , successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF theundersigned has caused this instrument to be executed on this / '0� day of ��C�dcc "+— ,20 03 STATE OF WASHINGTON ) , )SS COUNTY OF KING ) On this day of , 20 ,before me,the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn,Personally appeared to me known to be the , individual described in and who executed the foregoing iustrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. ' GIVEN under my hand and official seal this day of 20 Notary Public in and for the ' State of Washington, residing at My Commission Expires: ' Bill of Sale Page ; of 3 STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of .L�ce �o?r ,20 ,before me,the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jnko 41 fee and --'— to me known to be the and ' respectively of C the that executed the foregoing strumen/t, and acknowledged the said instrument to be the free and voluntary act and deed of said e! C> &).Zee- ./yla>f44+� �``I`or the uses and purposes therein mentioned,and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. �-,-/, t MOUNIR H. TOUMA Notary Public in and for the State of Was ington, residing at STATE OF WQ$U(NGTON NOTARY --PUBLIC jer/ Gt1�'y YY COAl1NtSS14N EXPIRES 0-09-07 My Commission E Aires: t 9i27�oz The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County,Washington, on the day of , 20 • KENT WASH 1 N G T O N ADDENDUM TO BILL OF SALE ' CITY OF KENT , KING COUNTY,, WASHINGTON The figures used on the Bill of Sale for ��I�'�S'13i?� x/�f •�d�3S , project dated �/ �f�ff ��= , were ' based on the "As-Built" Engineering Plans dated f0�/ 7/ Z D 3 ,for the same said �r �S'Z� i/5 ) "jecfiQul-s' project. , �c7 vi7f. f D t11�24� the ' undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of hfi ?`2 �'�7�}',irJPE'O'�s' , the firm responsible for the preparation of the "As-Built' Engineering Drawings. Signature___ , AGREEMENI Preliminary Plat Ordinance # — Soils Map Scale 1 "= Preliminary Map Construction Pen PART( Sanitary Sewer ORCHARD Water District Gas Company Power Compan Telephone sE 23�sT PL Other SITE SE 234TH ST Pc SE 234TH PL REC iDate a ' se 240TH sT Notice Required Contractors shall notify operotors who maintain underground utility liras In the area of proposed excavation or blasting at least two business days, but not more than ten working days prior to commencement of excavation or demolition In accordance with RCW Title 19. Names and telephone numbers of the operators of underground utility lines in this project appear below. These numbers shall also be used to serve in an emergency conditions as required. i Phone _ ,"1TY OF KENT --- ----^� -- -'ti;-859-33E3 �--- Sanitary Serrar - "` '153-859-3383 AND GLNLKAL IMF'KUVLMLN I J- IML ArrRVVCV 4CEPTUAL PLAN. _ED RECREATION SPACE PLAN (I E , LANDSCAPE SPECS, EQUIPMENT SPECS, ETC) CONSISTENT WITH THE VCEPTUAL PLAN. AS DETAILED IN ITEM A, SHALL BE SUBMITTED FOR REVIEW AND APPROVAL BY DDES AND ( PARKS PRIOR TO OR CONCURRENT WITH THE SUBMITTAL OF THE FINAL FLAT DOCUMENTS , IRMANCE BOND FOR RECREATION SPACE IMPROVEMENTS SHALL BE POSTED PRIOR TO RECORDING OF THE _.OWNERS' ASSOCIATION OR OTHER WORKABLE ORGANIZATION SHALL BE ESTABLISHED TO THE SATISFACTION OF ' PROVIDES FOR THE OWNERSHIP AND CONTINUED MAINTENANCE OF THE RECREATION, OPEN SPACE AND/OR REA TRACT(S). TREES SHALL BE PROVIDED AS FOLLOWS (PER KCRS 5.03 AND KCC 21A.16.050): L BE PLANTED AT A RATE OF ONE TREE FOR EVERY 40 FEET OF FRONTAGE ALONG ALL ROADS. SPACING AFIED TO ACCOMMODATE SIGHT DISTANCE REQUIREMENTS FOR DRIVEWAYS AND INTERSECTIONS ' IIS 5TH DAY OF JULY, 2001. LEGAL DESCRIPTION ' THE NORTH HALF OF THE WEST HALF OF THE NORTH HALF OF THE NORTHWEST , QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 27 NORTH, RANGE 5 EAST, W M_ IN KING COUNTY, WASHINGTON- EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR 116TH AVENUE S.E_ BY DEED RECORDED UNDER RECORDING NUMBER 4778920 VERTICAL DATUM , BENCHMARK: 3/4" BRASS PLUG, SET 0 95' BELOW GRADE, IN A STANDARD MONUMENT CASE FROM THE INTERSECTION OF SE. 240TH STREET AND 116TH AVENUE S.E.. GO NORTH ' 0 49 MILES TO THE MONUMEN T WHICH IS SET IN THE CENTER LINE OF THE ROAD Kent City Council Meeting Date February 7, 2006 Category Consent Calendar 1. SUBJECT: 3RD AVENUE S STORM EXTENSION—ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the 3`d Avenue South Storm Extension project as complete and release the retamage to Rodarte Construction upon standard releases from the state and release of any liens The original contract amount was $386,620.80. The final contract amount was $353,050.89. I 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A 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. 6P ' Kent City Council Meeting Date February 7, 2006 Category Consent Calendar 1. SUBJECT: S 228TH STREET CORRIDOR—BOLGER ROAD GRADE AND FILL — ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the S. 228`h Street Corridor—Bolger Road Grade & Fill project as complete and release the retainage to Rodarte Construction upon standard releases from the state and release of any liens The original contract amount was $531,186 50 The final contract amount was $491,851.32. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure`' X Revenue? N/A 1 Currently in the Budget9 Yes X No If no: I Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue. Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6Q 1 Kent City Council Meeting Date February 7, 2006 Category Consent Calendar 1. SUBJECT: 132ND AVENUE SE STREET VACATION ORDINANCE—ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. vacating a portion of 137d Avenue Southeast in the City of Kent as described in the applicant's petition. On November 1, 2005, the City Council adopted Resolution No. 1713 regarding the vacation of a portion of 132"d Avenue SE setting December 13, 2005, as the public hearing date on the vacation. The public hearing occurred on December 13, 2005, and at the close of the hearing, the Council approved the vacation with the conditions recommended by staff. Those conditions have since been satisfied and it is therefore appropriate to adopt the ordinance vacating this portion of the street. 1 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Council and Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? Yes Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue. Fund R20304 59520 Amount $6,516.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6R ORDINANCE NO. 1 AN ORDINANCE of the City Council of the City of Kent, Washington, relating to the vacation of portion of 132nd Avenue Southeast, located in the City of Kent, Washington. RECITALS A. A petition has been filed to vacate a portion of 132"d Avenue Southeast, in the City of Kent, as legally described in Exhibit"A"and as shown in Exhibit"B," both of which are attached and incorporated by this reference. B. The city's Planning Services Office processed this petition and, after consulting with all appropriate city departments, secured technical facts regarding the proposed vacation. C. The city council fixed a time for a public hearing on the petition and the hearing was held with proper notice on December 13, 2005, in the city council chambers of Kent City Hall. jD. The city's Planning Services Office recommended that the city council approve the petition, with conditions. 1 Street Vacation- ' 132"d Avenue SE 1 E. After the public hearing on December 13 , 2005, the city council approved the vacation with the conditions recommended by staff. Those conditions have since been satisfied. F. The city council finds that the portion of the avenue/street sought to be vacated is: (1) a dedicated alley/street that is presently unused; (2) not abutting on a body of water and, therefore, not suitable for acquisition for port purposes, boat , moorage or launching sites, park, viewpoint, recreational or education purposes, or other public use; and (3) a vacation which is in the public interest. i NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, , DOES HEREBY ORDAIN AS FOLLOWS: i ORDINANCE SECTION 1. — Recitals. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. — Vacation. A portion of 132"d Avenue Southeast, in the city of Kent, as legally described in Exhibit"A"and as shown in Exhibit"B," both of which are attached and incorporated, is hereby vacated. SECTION 3. — Vested Right. No vested rights shall be affected by the provisions of this ordinance. SECTION 4. — Severabdih! If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 2 Street Vacation- ' 132"d Avenue SE SECTIONS, —Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: i BRENDA JACOBER, CITY CLERK iAPPROVED AS TO FORM: i TOM BRUBAKER, CITY ATTORNEY PASSED: day of February, 2006. ' APPROVED: day of February, 2006. PUBLISHED: day of February, 2006. 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. BRENDA JACOBER, CITY CLERK (SEAL) P\Civil\ORDINANCE\Vacate-132ndAveSE doc 3 Street Vacation- 132nd Avenue SE i EXHIBIT"A" , THE EAST 6.00 FEET OF THE WEST 50.00 FEET OF THE FOLLOWING DESCRIBED LANDS: THE NORTH %2 OF THE NW'/e OF THE SW'/4 OF THE SW'/e AND THE NORTH 20 , FEET OF THE WEST 290 FEET OF THE SOUTH''Y2 OF THE NW'/4 OF THE SW'/4 OF THE SW'/4 OF SECTION 22, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON , RESERVING UNTO THE CITY OF KENT UTILITY EASEMENTS WITHIN, , UNDER, UPON AND/OR OVER VACATED AREA INCLUDING INGRESS AND EGRESS FOR CONSTRUCTION, EXTENDING AND MAINTENANCE OF SAID UTILITIES. ALSO RESERVING UTILITY EASEMENTS TO ANY PRIVATE, QUASI- PRIVATE,AND/OR PUBLIC UTILITY SERVER SUCH AS BUT NOT LIMITED TO POWER, GAS, TELEPHONE, CABLE TV, WATER AND/OR SEWER DISTRICTS WHICH HAVE ANY EXISTING FACILITIES WITHIN,UNDER,UPON AND/OR OVER VACATED AREA. RESERVATION FOR SAID SERVERS SHALL INCLUDE INGRESS AND EGRESS FOR MAINTENANCE. CITY OF KENT EASEMENT RESERVATION RIGHTS SHALL AT ALL TIME , REMAIN PARAMOUNT OVER ANY OTHER RIGHTS RESERVED HEREIN. 1 a I EXHIBIT B TO ACCOMPANY LEGAL DESCRIPTION FOR ,..,..... VACATION OF RIGHT---OF—WAY ALONG 132ND AVE SE A PORTION OF THE SW 1/4 OF SECTION 22, SEP 0 S 2005 TWP. 22 N., RGE. 6 E., W.M., CITY OF KENT, KING COUNTY, WASHINGTON CITY OFKENT S�9D6a PERMIT CENTER 30' �2ti0 NI LINE N1/2, NW1/4, SW1/4, SWi/4, qp� SEC 22. TWN 22N. R 05E, W.M. 6.00' R.O.W. TO BE RELINQUISHED M 44' 415 3 v,O ui � 9 ¢ 50' PROPOSED R 0 W. �q• OPT z SE 252ND ST. e`y, �4%Tv W N fn S�� z W K� n N > RE Q 20, R.O.W. CONVEYED TO KING COUNTY ZN z UNDER RECORD NO. 7412100432 [V 44' „ 3 twit cv �0� P r W. LINE K.C. SHORT PLAT NO. 874039 6 00' SCALE: 1"=100' R.O.W. TO BE RELINQUISHED w 50' a c"l m zo J� ? g CIO 22 :-•�l 3L 1X6N6 s7 8 27 ;.-2 1f LAN9 5� ExPiREs 9/13/2005 ® CONSULTING ENGINEERS L L C 20021 120th Ava N.E. I ® I * I ow Stdt° 103 t m4m a23>403-4I44 JOB NO. 1062—003-005—EXHIBITS eathA WA. 680tt-8203 &%tM0WM n.o>79-3"a DRAWING NAME 2003005SR-1.DWG www.esmcivil.com `�p1""' 0s'16° a"' DATE : 09-01--05 Civn Eng7n��rinq tuna Swveyinq t.antl PWnn(ng DRAWN : GSL P�bac Wellu I Proj�e[ Ypneq�mtnl ' {,ontlseepe Architact�ra i Kent City Council Meeting Date February 7, 2006 Category Other Business 1. SUBJECT: CANARY HILL REZONE ORDINANCE—ADOPT (QUASI-JUDICIAL) 2. SUMMARY STATEMENT: Council will consider adoption of an ordinance relating to land use and zoning, specifically the rezoning of two parcels totaling approximately 5.8 acres of property from Single-Family Residential, 4.5 units per acre, to Single-Family Residential, 6 units per acre. The property is located at 13624 and 13640 SE 256cn Street The Kent Hearing Examiner held a Public Hearing on December 7, 2005, and issued Findings, Conclusions, and a Recommendation for approval on December 22, 2005. There will be a brief presentation by the City Attorney and by Planning Division Staff 3. EXHIBITS: Staff report with maps; Hearing Examiner Findings, Conclusions and Recommendation, and 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_lj fl/Y� moves, Councilmember seconds to adopt Ordinance No.. �which accepts the Findings, Conclusions and ' Recommendation of the Hearing Examiner on the Canary Hill Rezone. DISCUSSION: ACTION: Council Agenda Item No. 7A COMMUNITY DEVELOPMENT Fred N Satterstrom, Director • PLANNING SERVICES Charlene Anderson,AICP Manager K WASHINGTON Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 KENT PLANNING SERVICES 253-856-5454 STAFF REPORT FOR HEARING EXAMINER MEETING OF DECEMBER 7, 2005 FILE NO: CANARY HILL #RZ-2005-8 KIVA#2052284 #SU-2005-3 KIVA#2052289 APPLICANT: Tim Akins Harbour Homes,Inc 33400 9"Avenue South Federal Way, WA 98003 REQUEST: A request to rezone and subdivide a 5.8 acre site. The applicant is requesting preliminary plat approval to create 32 single family lots based on a zoning change from SR-4 5 to SR-6. STAFF REPRESENTATIVE Sharon Clamp, Planner STAFF RECOMMENDATION: Rezone APPROVAL Subdivision APPROVAL WITH CONDITIONS I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to subdivide two parcels totaling approximately 5.8 acres into 32 single family residential lots. Two single-family residences and accessory buildings are currently located on the site, all of which will be removed According to a Wetland Assessment completed by J S. Jones and Associates dated February 21, 2005 and approved by the City of Kent on July 5, 2005, no environmentally sensitive areas are located on the site 1 Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 KIVA#RPP4-2052284 #SU-2005-3 KIVA#RPP3-2052289 The subdivision will create three tracts A private access tract will be constructed to , serve lots 6 and 7, a second private access tract will be constructed to serve lots 16 and 17, and a 15,940 square foot detention tract will be created The subdivision will take access from SE 256`h Street and 136`h Avenue SE, which is , City right-of-way currently developed as a private road The proposed subdivision will also include the development of a new public residential street connecting 137`h Way SE with 1361h Avenue SE This new street includes curbs, gutters, sidewalks, landscaping and strectlights Roadway improvements to include curbs, gutters, sidewalks, landscaping and streetlights will also be made along the property frontages of both 1361h Avenue SE and SE 256`h Street In conjunction with the request for preliminary subdivision approval, the applicant proposes to rezone the site from the current zoning of SR-4 5, Single Family Residential to SR-6, Single Family Residential The proposed subdivision has been configured to meet the standards of the SR-6 zoning district B. Location The subject site is located at 13624 and 13640 SE 256" Street and is identified by King County tax parcel numbers 2222059118 and 2222059035 C Size of Property The subject site consists of two parcels totaling approximately 5 8 acres D. Zoning The site is currently zoned SR-4 5, Single Family Residential. Adjacent properties in all directions are zoned SR-4 5 Three parcels located approximately 300 feet to the northwest and totaling approximately 8 8 acres are zoned SR-6 E. Land Use The City of Kent Comprehensive Land Use Map designates the site as SF-6 Single , Family Residential, 6 Units per acre The surrounding area is also designated as SF-6 The subject site is located immediately south of the Country Club Village Division I1 subdivision and immediately west of the Madison Place subdivision There are single family homes on large lot with future development potential across 136th Avenue SE to the west, and large lot single family development and townhouse development is located across SE 256 h Street to the south Page 2 of 23 j Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 KIVA#RPP4-2052284 #SU-2005-3 KIVA#RPP3-2052289 F. History The subject property was annexed to the City of Kent on July 1, 1997 as part of the 891 acre Meridian Valley annexation (Ordinance No 3344). The zoning designation of SR- 4 5 was established upon annexation A tentative subdivision meeting was held on April 5, 2005 where City staff and the applicant discussed likely conditions of approval associated with this project II. ENVIRONMENTAL CONSIDERATIONS 1 A. Environmental Assessment The applicant's SEPA application requested both non-project (rezone) and project- specific (subdivision) analysis. A Mitigated Determination of Nonsignificance (#ENV-2005-43) for the non-project rezone as well as a project-specific 32 lot subdivision was issued on October 27, 2005 No conditions were proposed for the rezone portion of the SEPA application. The proposed project portion of the checklist contemplates a 32-lot subdivision Environmental impacts associated with the proposed subdivision development have been analyzed and conditioned in the above referenced determination The project specific proposal is dependent upon the outcome of the rezone application B. Significant Physical Features Topography, Wetlands and Vegetation The project site is described as rolling with maximum slopes of 10% in isolated areas No wetlands, streams or associated buffers are located on the subject site Deciduous and evergreen trees have been identified on the subject site and are scattered around the site in a manner that will likely require some tree removal to allow for future roadway and home development The applicant will submit a survey of significant on- site trees and, as part of civil construction plan review, be required to submit and receive approval of a detailed tree plan that shows trees to be retained. C. Significant Social Features 1. Street System The proposed development project is located within the East Hill area of the City and will take its primary access from SE 256`h Street This first public street has an existing public right-of-way width that varies from about 75-feet to about 60-feet, while the asphalt street width is currently about 24-feet wide The existing street provides for two lanes of traffic, but includes none of the following other improvements cement concrete curbs and gutters, stormwater IPage 3 of 23 Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 KIVA#RPP4-2052284 #SU-2005-3 KIVA#RPP3-2052289 drainage system; cement concrete sidewalks, nor an approved street lighting system A second public street having frontage along the subject development is 136`h , Avenue Southeast This street has an existing public right-of-way width of about 28 5-feet, while the gravel street width is currently about 10 to 12-feet wide The existing street provides for two very narrow lanes of traffic, and includes none of the following other improvements- cement concrete curbs and gutters, stormwater drainage system, cement concrete sidewalks, nor a street lighting system The existing asphalt pavement section of this portion of the street is inadequate to provide an expected 20-year service life and may be in need of an asphalt overlay/rebuild in order to maintain an acceptable level of service while accommodating the increased volume of trips being generated by this proposal Southeast 256`h Street is classified as a Minor Arterial Street with Bike Lanes within the City's Comprehensive Plan, which will require a minimum of 95-feet of public right-of-way, a 66-foot wide asphalt roadway with five traffic lanes, plus two 5-foot wide in-street bike lanes, cement concrete curbs and gutters, and 10-foot wide cement concrete sidewalks on both sides of the street, a stormwater drainage system, a City-approved street lighting system, public utilities, and other street appurtenances when fully improved While SE 256 h Street is classified as a Minor Arterial Street with Bike Lanes, the City has determined that only three of the five lanes need to be constructed at this time. The street conditions which follow reflect this lower street standard based upon a City Traffic Study of this area of the City The Owncr/Subdivider will have to dedicate an additional 7 5 feet of right-of-way, for a total of 37 5 feet on the north side, on the face of the recorded plat 136`h Avenue Southeast is classified as a Residential Street within the City's Comprehensive Plan, which will require: a minimum of 50-feet of public right- of-way, a 28-foot wide asphalt roadway with two traffic lanes, cement concrete curbs and gutters, a 5-foot wide planter strip, and 5-foot wide cement concrete sidewalks on both sides of the street; a stormwater drainage system, a City- approved street lighting system, public utilities, and other street appurtenances when fully improved This development is within an area that is characterized by streets with narrow traffic lanes and narrow or no shoulders, and has been identified as having substandard pedestrian facilities. This development will require off-site sidewalks/walkways to provide safe travel for school-age pedestrians to and from the closest school bus stop for Meridian Elementary School. As stated in the SEPA decision document, this development will cause significant and/or additional congestion at the intersections of SE 256`h Street at Page 4 of 23 j Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 KIVA 4RPP4-2052284 #SU-2005-3 KIVA #RPP3-2052289 132"d Avenue SE, SE 256 h Street at 124`h Avenue SE, SE 256`h Street at 1161h Avenue SE, and 116`h Avenue SE at Kent Kangley Road/SR-516 2. Water System All homes within the proposed plat will be connected to the public water system provided by Water District 111 3. Sanitary Sewer System All homes within the proposed plat will be connected to the public sanitary sewer system provided by the Soos Creek Water and Sewer District. 4. Stormwater System A stormwater system will be necessary to accommodate any subsequent development The developer will be required to complete a drainage analysis then develop and submit drainage plans prepared in accordance with the 2002 City of Kent surface Water design Manual and the 1998 King County Surface Water Design Manual III CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of these applications. Economic Development Manager Police Department Public Works Department Fire Department Parks & Recreation Director City Clerk City Attorney Kent School District U.S Post Master WA State Dept of Ecology King Co Wastewater Treatment Puget Sound Energy King Co Environmental Health Qwest IKing Co Transit Division Washington State Dept. of Transportation In addition to the above, all persons owning property located within 300 feet of the site were notified of the public hearing No written public comments were received regarding this proposal. Comments received from the above listed agencies and departments have been incorporated in the staff report where applicable IV. PLANNING SERVICES REVIEW IA. Comprehensive Plan The City of Kent has adopted a revised Comprehensive Plan pursuant to the Growth Management Act (Ordinance #3698 — July 2004) The goals and policies of the Page 5 of 23 Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 KIVA#RPP4-2052284 #SU-2005-3 KIVA#RPP3-2052289 Comprehensive Plan represent an expression of community intentions and aspirations concerning the future of Kent and the area within the potential annexation area The Comprehensive Plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner and City departments to guide decision-making relative to development and capital facility spending The City of Kent Comprehensive Plan is comprised of eleven elements which contain written goals and policies as well as a land use map The proposed subdivision and rezone supports several goals and policies in the Land Use element, most notably goals LU-9 and LU-10, and policies LU 9 4 and LU 10 4 The proposed plat is located near existing urban services and infrastructure The City supports the development of close-in vacant or underdeveloped properties which limits further urban sprawl on the edges of the planning area In addition, in-fill development provides a more efficient means of providing services and enhancing pedestrian mobility The net density of approximately 7 5 dwelling units per acre for the proposed Canary Hill preliminary plat provides an acceptable level of net density to support urban services Also, one of the objectives of the Comprehensive Plan is to provide a wide variety of housing types and opportunities to accommodate projected population growth without converting single family lands to multifamily residential Development of single family subdivisions on underdeveloped, single family zoned land is consistent with this objective The proposed rezoning of the property from SR-4 5 to SR-6 is also consistent with the Comprehensive Plan map designation of SF-6 B. Zoning Code 1. Feasibility of Development If the proposed rezone from SR-4.5 to SR-6 Single Family Residential is approved, development on all lots in the proposed subdivision will be subject to Zoning Code requirements in the SR-6, Single Family Residential zoning district All proposed lots within the subdivision meet the minimum lot size and width requirements for the SR-6, Single Family Residential district. Numerous significant trees are located on the site Zoning regulations encourage the retention of significant trees where roads, utilities, and site improvements are not proposed Tree retention plans will be required for the plat and development of each lot where trees arc located (per KCC Section 15 08 240) 2. Criteria for Granting a Request for Rezone The following standards and criteria (Kent Zoning Code, Section 15 09 050) are used by the Hearing Examiner and City Council to evaluate a request for a rezone Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria Page 6 of 23 Staff Report Canary Hill Rezone and Subdivision 1 #RZ-2005-8 K1VA#RPP4-2052284 #SU-2005-3 KIVA#RPP3-2052289 a. The proposed rezone is consistent with the Comprehensive Plan Planning Services Comment The Comprehensive Plan Land Use Plan Map designates the subject property as SF-6, Single Family Residential which allows up to six units per acre A rezone of the site from SR-4 5 Single Family Residential to SR-6 Single Family Residential will allow residential development up to 6 05 units per acre, which is consistent with the Kent Comprehensive Plan As previously discussed, the proposed rezone is also consistent with the applicable goals and policies of the Comprehensive Plan b. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity Planning Services Comment The proposed rezone and subsequent single family residential development of the site would be compatible and integrate well with the existing development in the vicinity Development in the immediate vicinity is a mix of platted subdivisions and single family homes on large parcels with further development potential zoned SR-4 5 and SR-6, Single Family Residential This subdivision proposes to create 32 residential lots at a net density of 7 5 units per acre This density of residential development is sufficient to support existing local urban services. C. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated Planning Services Comment A rezone of this property to SR-6 Single Family Residential will not generate additional trips onto the existing transportation system However, subsequent development of a proposed 32-lot subdivision will add a net 30 PM peak hour trips to the local street system Upon 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 curb, gutter, sidewalks, planting strips, street lighting, paving, and public stormwater conveyance The applicant will be also be required to participate in other City transportation improvement projects by providing an environmental mitigation fee for the impacts created by development d. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone Page 7 of 23 Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 K1VA #RPP4-2052284 #SU-2005-3 KIVA #RPP3-2052289 Planning Services Comment The subject parcels were annexed to the City of Kent on July 1, 1997 as part of the 891 acre Meridian Valley annexation (Ord 3344) and are developed with two single family residences In 2004 the City of Kent updated its Comprehensive Plan which designates this area as SF-6 Single Family Residential Along with the Land Use Plan Map and Policies, the plan also contains a target for the number of new households the City must accommodate for the 20-year time horizon of the plan The GMA also states the City's development regulations must implement, and be consistent with the Comprehensive Plan This proposal, which seeks to establish higher density single family development with smaller lot sizes while recognizing significant environmental features, is consistent with the goals and policies of the Comprehensive Plan Upon annexation in 1997, zoning for the area was set at SR-4 5 which was consistent with existing land use patterns and represented what was actually built at that time Since that time significant improvements to roadway infrastructure serving this area were completed These improvements include SE 256"h Street between 132"d Avenue SE and 116`h Avenue SE, 132"d Avenue SE from approximately SE 251" Street to SE 2401h Street, and the SE 272/2771h Street Corridor C. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the Cary of Kent Planning Services Comment The proposed rezone is consistent with the intent of the Comprehensive Plan. Subsequent development on the site will have to meet applicable codes and regulations, including mitigation of anticipated environmental impacts Therefore, the rezone proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent C Standards for Granting a Subdivision The purpose of the City of Kent Subdivision Code is to provide rules, regulations, requirements, standards and procedures for subdividing land to the City of Kent, ensuring that the highest feasible quality in subdivisions will be attained, that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected, that orderly growth, development, and the conservation,protection and proper use of land shall be promoted, that proper provisions for all public facilities, including connectivity, circulation, utilities, and services shall be made, that maximum advantage of site characteristics shall be taken into consideration, and that the process shall be in conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan (KCC 12 04 015) Page 8 of 23 j Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 KIVA#RPP4-2052284 #SU-2005-3 KIVA#RPP3-2052289 jThe procedures regulating subdivisions are established to ensure quality development which promotes orderly and efficient growth, the conservation and proper use of land, 1 protects the public health, safety, general welfare, and aesthetics of the city, makes adequate provisions for public facilities in conformance with provisions set forth in KCC Title 15, Zoning, and the Kent Comprehensive Plan, and complies with the provisions of this chapter and Chapter 58 17 RCW (KCC 12 04 600). No subdivision shall be approved unless the following principles of acceptability are met, the subdivision shall 1. Create legal building sites which comply with all provisions of KCC Title 15, Zoning,and health regulations, 2. Establish access to a public road for each segregated parcel; I 3. Have suitable physical characteristics; a proposed plat may be denied because of flood, inundation or wetland conditions, slope, soil stability and/or capabilities, or the construction of protective improvements may be required as a condition of appro,,al, 4. If adjacent to another municipality or King County, take into consideration the subdivision standards of that jurisdiction as well as the requirements of this chapter; 5. Make adequate provision for stormwater detention, drainageways, water supplies, sanitary wastes, and other public utilities and services, as deemed necessary, ' 6. Make adequate provision for the connectivity of streets, alleys, pedestrian accessways and other public ways (KCC 12 04 635). I As evidenced by the General Information in Section I. and the following responses to the criteria for approving subdivisions, the proposal is in general conformance with the Kent Subdivision Code 1 Furthermore, Section 12.04.685 of the Kent Subdivision Code indicates that a subdivision shall not be approved unless the City finds that 1. Appropriate provisions have been made for. a. The public health, safety and general welfare of the community; The proposed plat is consistent with the Comprehensive Plan designation of SF-6 The proposed density and lot dimensions are consistent with the SR-6 zoning district, as proposed through this application. Page 9 of 23 Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 KIVA#RPP4-2052284 #SU-2005-3 KIVA#RPP3-2052289 b Protection of environmentally sensitive lands and habitat; An environmental checklist was submitted and reviewed by the City which identified environmental impacts associated with this rezone and subdivision proposal No environmentally sensitive lands or habitats were identified on the site. c Open spaces, Provisions for open space will be made through payment of a fee in lieu of dedication of on-site open space as discussed in section d below d. Community parks and recreation, To mitigate the impacts of this proposal on parks and recreation, the applicant will be required to pay a fee in lieu of dedication of land pursuant to KCC 12 04 780 The fee in lieu of a dedication of five percent for open space parkland is 521,000 based on 2005 tax assessment records from the King County Assessors office e. Neighborhood tot lots and play areas; Provisions for these areas will be accomplished by the fee paid under section d above f. Schools and school grounds; The subject property lies within the Kent School District Pursuant to KCC 12 13 160, a school impact fee will be assessed in association with , the subdivision of land The impact fee will be assessed and collected for each individual lot at the time of construction permit issuance and will be based upon the adopted impact fee at that time g. Dramageways; Each individual residence will be required to provide on-site infiltration i as well as an overflow connection to an approved conveyance system h. Stormwater Detention; An on-sit public detention/retention stormwater pond system in accordance with Kent Construction Standards will be required to mitigate for potential impacts to both stormwater runoff quantity and quality Page 10 of 23 Staff Report Canary Hill Rezone and Subdivision #RZ 2005-8 KIVA#RPP4-2052284 #SU-2005-3 KIVA#RPP3-2052289 The City of Kent Public Works Department has reviewed the incremental increase in impervious area and determined the proposed stormwater system to be adequate i. Connectivity of sidewalks, pedestrian pathways, traffic calming features and devices, and other planning features that assure safe walking i conditions within and between subdivisions for residents and students who walk to and from schools, parks, transit stops and other neighborhood services, Sidewalks will be required along both sides of the new proposed public subdivision street and along the property frontages of 136`h Avenue SE and SE 256`h Street Additionally, the applicant will be required to construct off-site walkway improvements from the end of the site's property frontage on SE 256`h Street to the existing marked crosswalk installed on the west side of 1401h Avenue SE serving Meridian Elementary School j. Connectivity of streets or roads, alleys, pedestrian accessways, and other public ways within and between subdivisions and neighborhoods, 136`h Avenue SE will be improved along the site's entire property frontage providing connectivity from SE 256`h Street to the existing public road system serving the Country Club North subdivision located adjacent to the north Additionally, 137`h Way SE will be extended from the adjacent subdivision to the east through the new plat and connecting at 136`h Avenue SE k. Transit stops; Mass transit service is provided at this site by King County METRO The nearest park and ride facilities are located on 132"6 Avenue SE at 272"a Street and at 124`h Avenue SE at SE 256'h Street. 1. Potable water supplies; All homes within the proposed plat will be connected to water service provided by Water District I I I in. Sanitary wastes; All homes within the proposed plat will be connected to sanitary sewer service provided by the Soos Creek Water and Sewer District. Page I 1 of 23 Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 KIVA#RPP4-2052284 #SU-2005-3 KIVA #RPP3-2052289 n. Other public utilities and services, as deemed necessary Power and natural gas lines will be installed during plat construction Garbage service will be established by the individual residents ' 2. The city has considered all other relevant facts, and determined that the proposed plat will be in conformance with all of the criteria listed above. 3. The public use and interest will be served by the platting of such subdivision and dedication 4. The City has considered the physical characteristics of the proposed subdivision site and may deny a proposed plat because of flood, inundation, or wetland conditions, slope, or soil stability and/or capabilities Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. D Consistencv Analysts The proposed rezone and subdivision are consistent with the goals and policies of the City of Kent Comprehensive Plan. I. Type of Land Use Allowed The development of single family home sites is a principally permitted use on land zoned SR-6. Single Family Residential 2. Level of Development Allowed The proposed subdivision of approximately 5 8 acres into 32 building sites is consistent with the designated Comprehensive Plan designation of SF-6 Single Family/6 units per acre and with the zoning designation of SR-6 (pending the outcome of RZ-2005-8) 3. Adequacy of Infrastructure The proposed subdivision will place increased demands on existing transportation, water and sanitary sewer systems in the general vicinity The project will also result in a significant net increase of impervious surface area among the two parcels involved When fully developed, the impact of 32 new homes being occupied will result in an estimated 320 daily and 32 new PM peak hour trips to the local street system. The effects on the domestic water supply, sanitary sewer service, stormwater run-off, conveyance, storage, treatment and discharge and transportation impacts have been analyzed through the SEPA process and the associated MDNS Page 12 of 23 ! Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 KIVA#RPP4-2052284 #SU-2005-3 KIVA#RPP3-2052289 4 4. Characteristics of the Proposed Subdivision The proposed subdivision, as presented, appears to be in general conformance with the Kent City Code with respect to the required minimum lot area, minimum lot width and access to a public right-of-way E Proposed Findings Planning Services has reviewed these applications in relation to the Comprehensive 1 Plan, zoning, land use, street system, flood control problems and comments from other departments and finds that: 1. The Kent Comprehensive Plan Land Use Map designates this site SF-6, Single Family Residential, 6 units per acre maximum density 2. The site is currently zoned, SR-4.5, Single Family Residential. If RZ-2005-8 is approved, this site will be zoned SR-6, Single Family Residential Under the SR-6 zoning, the site will be subject to the development standards which include ! 5,700 square foot minimum lot size and 50 foot minimum lot width 3. Land uses in the vicinity are varying density single family residential. ! 4. A Tentative Plat meeting was held for the proposed subdivision on April 5, 2005 (TSU-2005-3) 5 A Mitigated Determination of Nonsignificance was issued for the proposed rezone and plat on October 27, 2005 (#ENV-2005-43). 6. There are significant trees of six inch or greater caliper located on the property 7. The site has access to SE 2561h Street and 136`h Avenue SE 8. The subject property will receive water service from Water District 111. 9. The subject property will receive sewer service from the Soos Creek Water and Sewer District. 1 V. CITY STAFF RECOMMENDATIONS 1. ZONING MAP AMENDMENT(#RZ-2005-8) 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 Canary Hill rezone Page 13 of 23 Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 KIVA #RPP4-2052284 #SU-2005-3 KIVA#RPP3-2052289 2. PRELIMINARY SUBDIVISION(#SU-2005-3) Based on the merits of this request and the code criteria for granting a preliminary subdivision, staff recommends APPROVAL of the proposed Canary Hill preliminary ' plat subject to the following conditions A. GENERAL CONDITION OF APPROVAL 1 Approval of this subdivision as proposed is conditioned upon Kent City Council approval of the associated proposed rezone of the subject parcel from SR-4.5 to SR-6, file number RZ-2005-8 B. PRIOR TO RECORDING THIS SUBDIVISION• 1. The Owner/Subdivider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or prior to recording this plat, whichever comes first 2 The Owner/Subdivider shall provide Public Works with a digital plat map prepared with a CAD program The digital information can be formatted in either * DWG (AutoCad) or * DXF (Drawing Exchange File), but must be based upon State Plane coordinates: an assumed coordinate system is not permitted. The State Plane Coordinates shall be on the NAD 83/91 datum and relate to at least two City of Kent reference points within one half mile of the subdivision In addition, the project shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional permanent benchmarks shall be established within the project The elevations of these benchmarks will be reported at the time as-built drawings are submitted along with field notes sufficient to verify their accuracy. 3. The Owner/Subdivider shall submit and receive City approval for engineering drawings from the Department of Public Works, and shall then either construct or bond for the following a. A gravity sanitary sewer system to serve all lots This development will be served by the Soos Creek Water and Sewer District and will be constructed to Soos Creek Water and Sewer District standards and specifications The septic system serving the existing home(s) within the proposed subdivision, if any, shall be abandoned in accordance with King County Health Department Regulations b. A water system meeting domestic and fire flow requirements for all lots Page 14 of 23 1 Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 KIVA #RPP4-2052284 #SU-2005-3 KIVA#RPP3-2052289 This development will be served by Water District #111 and will be constructed to Water District #111 standards and specifications. Existing wells, if any, shall be abandoned in accordance with the requirements of the Department of Ecology C. A stormwater system. The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual (KSWDM) Initial guidance for the Engineering Plans is given below (See Chapter 2 of KSWDM for detailed submittal Irequirements) (1) The Engineering Plans will include at a minimum- Site improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other related improvements The 1 engineering plans shall include a technical information report (TIR) which contains all the technical information and analysis to develop the site 1 improvement plans (2) An erosion and sedimentation control (ESC) plan shall be included in the engineering plans The ESC shall meet the requirements of the City of Kent Construction Standards, and the 2002 City of Kent Surface Water Design Manual These plans must reflect the Detailed ' Grading Plan discussed below, and Planning Services approved Detailed Tree Plan (3) The retention/detention and release standard that will be met by the subdivision is Level Two. The water quality menu that will be met by the subdivision is the Resource Stream Protection Menu. Due to the amount of maintenance required on leaf compost filters, those facilities shall not be allowed to be a part of this publicly maintained water quality facility. (4) The site improvement plans and technical information report will contain drainage calculations and a drawing of the retention/detention pond tract at an appropriate engineering scale to show that the proposed on-site or off-site retention/detention tract is large enough to contain the required minimum stormwater storage Page 15 of 23 Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 KIVA 4RPP4-2052284 , #SU-2005-3 KIVA 4RPP3-2052289 volume and water quality facility The site improvement plans will also show that all required stormwater management facilities will be outside of delineated wetlands and their buffers, as well as outside of creeks and rivers and their buffers According to the City's Construction Standards, Chapter Five, Surface Water Design Manual, underground vaults or tanks shall not be permitted to meet the detention requirements for all residential developments (5) A downstream analysis is required for this development, and it will include an analysis for capacity, erosion potential, and water quality Refer to the requirements of Technical Information Reports in Section 3 "Offsite Analysis", of the 2002 City of Kent Surface Water Design Manual for the specific information required for downstream analyses (6) Roof downspouts for each roofed structure (house, garage, carport, etc ) shall be directed to a Roof Downspout Infiltration System meeting the requirements of Section C.2, flow Control BMPs, in Appendix C to the King County Surface Water Design ' Manual These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved dispersion system The Drainage Plans will include an approved detail for the Roof Downspout Infiltration System The face of the recorded plat shall contain the following restriction AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRA'r10N SYSTEMS PER DETAILS SHOWN ON THE APPROVED PLANS (7) If determined necessary by the Public Works Department following review and approval of the required downstream analysis, the Owner / Subdivider shall provide public drainage easements meeting the requirements of the City of Kent Construction Standards for the specified downstream reach where adequate public drainage easements do not currently exist (8) The Owner/Subdivider shall submit Landscape Plans for within and surrounding the retention/detention facility to Planning Services and to the Department of Page 16 of 23 r Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 KIVA#RPP4-2052284 #SU-2005-3 K1VA#RPP3-2052289 Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Engineering Plans These Landscape Plans shall meet L the minimum requirements of the City of Kent Construction Standards, and the stormwater management landscaping requirements contained within the 1998 King County Surface Water Design Manual Landscape Plans are required to show adjacent Street Trees so that the City arborist can assess potential adverse stress upon all types of vegetation (9) The Owner/Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant, to the 2002 City of Kent Surface Water Design Manual for information on what is contained within this document. d. A Detailed Grading Plan for the entire subdivision meeting the requirements of the Uniform Building Code, the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans Initial guidance for these plans is given below. (1) These plans will include provisions for utilities, roadways, retention/ detention ponds, stormwater treatment facilities, and a building footpad for each lot (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits e. A Temporary Erosion/Sedimentation Control Plan for the entire ' subdivision meeting the requirements of the City of Kent Construction Standards, and the most recent adopted version of the Stormwater Management Manual for the Puget Sound Basin These plans must reflect the Detailed Grading Plan discussed above, and Planning Services approved Detailed Tree Plan f. Interim Street Improvement Plans for Southeast 256 h Street along the entire property frontage thereon These Interim Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street 1 Page 17 of 23 Staff Report Canary HiII Rezone and Subdivision #RZ-2005-8 KIVA #RPP4-2052284 ' #SU-2005-3 K1VA#RPP3-2052289 Improvements, and #6-8, Street Improvement Plans, for a street designated as a Minor Arterial Street Augmented with Bike Lanes in the City of Kent Comprehensive Plan, except as modified below Initial guidance for the necessary interim street improvements is given below. (1) Combined vertical concrete curbs and gutters, and a 10- foot cement concrete sidewalk along the north side of the street (2) A minimum of 22-feet of Hot Mix Asphalt (HMA) pavement as measured from the approved centerline of the street to the face of curb on the north side of the street, plus at least 12-feet of asphalt pavement as measured from the centerline of the right-of-way to the edge of the traveled lane on the south side of the street. The entire width of 34-feet of HMA pavement is to be provided with a 20-year service life in compliance to the City of Kent Construction Standards. (3) A City approved shoulder on the south side of the street. (4) A City-owned and approved street lighting system. ' (5) Public stormwater conveyance, detention and treatment facilities as applicable (6) Street Trees installed behind the 10-foot sidewalks or as otherwise directed by the Public Works Department. , These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees g. Interim Street Improvement Plans for 136`h Avenue Southeast The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street 28-feet wide Initial guidance for these street improvements is given below i Page 18 of 23 I Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 KIVA#RPP4-2052284 #SU-2005-3 KIVA#RPP3-2052289 (1) Combined vertical curbs and gutters, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then 5-foot wide cement concrete sidewalks along the east side of the street (2) A minimum of 20-feet of Hot Mix Asphalt (HMA) pavement, measured from vertical face of curb to the edge of pavement on the west side of the street, except where additional pavement width is required by the Fire Marshal for emergency vehicle access (3) A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy, all electrical and maintenance bills shall be paid for by a Home Owner's Association (4) A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities (5) Curb return radii of 30-feet at the intersection of 136`i' Avenue Southeast and Southeast 256th Street, and a curb return radii of 20-feet at the intersection of 1371h Way Southeast extended (6) Street Trees installed within the 5-foot wide planting strips Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees h. Street Improvement Plans for the new public Residential Street extending 137'1' Way Southeast westerly to a new intersection I point on 1361h Avenue Southeast The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street 28-feet wide Initial guidance for these street improvements is given below (1) Combined vertical curbs and gutters, a 5-foot wide planting strip constructed between the back of curb and Page 19 of 23 Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 KIVA#RPP4-2052284 #SU-2005-3 KIVA;FPPP3-2052289 the front of the sidewalk, and then 5-foot wide cement concrete sidewalks on both sides of the street NOTE This street improvement will provide for a 5-foot planter strip and 5-foot wide cement concrete sidewalk along the west side of the off-site portion of 137`h Way Southeast to Southeast 256" Street as well so that school age pedestrians have safe access to the north side of Southeast 256°i Street (2) A minimum of 28-feet of asphalt pavement, measured from face of curb to face of curb (3) A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy, all electrical and maintenance bills shall be paid for by a Home Owner's Association (4) A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities (5) Curb return radii of 30-feet at the intersection of this new residential street with 136`h Avenue Southeast (6) Street Trees installed within the 5-foot wide planting strips These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees i. Street Improvement Plans for the two new Private Residential Streets connected to 137`h Way Southeast and designed to serve Lots 6 and 7 and Lots16 and 17. The Street Improvement Plans for these streets shall be designed in conformance to the requirements for a Private Residential Street as required by CLty of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street at least 16-feet wide Initial guidance for these street improvements is given below. (1) A minimum of 20-feet of Hot Mix Asphalt (HMA) pavement, measured from edge of pavement to edge of pavement, or from face of curb to face of curb, except Page 20 of 23 1 Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 KIVA#RPP4-2052284 #SU-2005-3 KIVA#RPP3-2052289 where additional pavement is required by the Fire Marshal for emergency vehicle access (2) A design radius of 304cet will be used for the Residential Driveway Approach constructed for these narrow private streets. i (3) A private stormwater drainage system, including f provisions for conveyance, detention, and treatment facilities where applicable. (4) Unless this condition is waived in writing by the City Fire Marshal, these private streets serving two lots each shall have pavement markings and traffic signs installed which clearly designate this private street as a Fire Lane, where no parking will be permitted (5) The private streets must be centered within a private roadway tract or easement that is at least one-foot wider than the total width of the private street i Street Light Plans for Southeast 256`h Street; 1371h Way Southeast extended to 1361h Avenue Southeast, and 1361h Avenue Southeast meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-1, Street Lighting Requirements 4. The Owner/Subdivider shall create a Homeowner's Association for this subdivision to ensure that the property owners within this subdivision are advised of their requirement to pay for the provided street lighting system Those sections of the required document written to govern that association as they relate to any IntoLight Division of Puget Sound Energy street lighting systems, shall be reviewed and approved by the Department of Public Works,prior to the recording these documents. 5. The face of the final plat will clearly identify the private street serving Lots 6 and 7 and Lots 16 and 17, and that these lots will be served by private streets The face of the final plat will also specify that the maintenance of these two private streets is the sole responsibility of the property owners who are served by the private street. 6. Direct vehicular access to and from lots having frontage along Southeast 256`h Street is prohibited, and the face of the final plat will carry the following restriction DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG SOUTHEAST 256T" STREET 1S PROHIBITED Page 21 of 23 Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 KIVA#RPP4-2052284 #SU-2005-3 KIVA#RPP3-2052289 DIRECT VEHICULAR ACCESS ONTO AND OFF OF SOUTHEAST 256T" STREETS IS RESTRICTED TO 136T" AVENUE SOUTHEAST AND TO 137T"WAY SOUTHEAST 7. The Owner/Developer shall deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development 8. The Owner/Subdivider shall submit and receive approval for a Detailed Tree Plan, meeting the requirements of the Kent Zoning Code, and Cuy of Kent Development Assistance Brochure #3, Detailed Tree Plans, prior to the issuance of any Construction Permits for the subdivision Grading Plans cannot be approved by the Department of Public Works without an approved Detailed Tree Plan Detailed Tree Plans are not to be confused with required Street Tree Plans, which have an entirely different purpose. 9. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the Crtv of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-1, As-Budd Drawings, for. Streets, Street Lighting System, Water, Sewer, Stormwater Drainage Facilities, and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works 10. The owner/subdivider shall construct or bond for mailbox clusters per , the standards and at locations approved by the Public Works Department and the Kent U S Postmaster 11. The owner/subdivider shall submit applications to the City of Kent for review and approval to remove or otherwise relocate all buildings on the site C PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS SUBDIVISION THE OWNER/SUBDIVIDER SHALL 1. Record the Plat. 2. Pay the Environmental Mitigation Fee for that lot. 3. Construct all of the improvements required above. 4. Submit and receive City approval for As-Built Drawings meeting the requirements of City of Kent Development Assistance Brochure #E-1, As-Build Drawings, for street improvements, stormwater management Page 22 of 23 I Staff Report Canary Hill Rezone and Subdivision #RZ-2005-8 KIVA#RPP4-2052284 #SU-2005-3 KIVA#RPP3-2052289 1 system, street lighting system, and other off-site improvements where determined necessary by the City KENT PLANNING SERVICES November 30,2005 SC ch S\Pertntt\Planllongplats\2005\2052289-2005-3staffrpt doc Page 23 of 23 1 � uMIAN VALLEY GW ANO OWNTRY CWO SE 24 STRE SITE SE 1 TH was i SE 260TN SWET i 1 ; E ,, 14E M 11�R1[7dANk i 1 i 1 APPLICATIO) j:Z%yW CANARY HILT. REQUI S 5-8(2052284) AND SU-2005-3 {2 289) 1 VICINITY MAP woo t WA 1 V—k W-4-k In" C"f*P Af* rswom 3 ----------------A P-OWI vow va 1-0 I Ir ow" eo*,,T 10 F WW WAPHtC A� zi to lCO NOTE' t�K "lamoto" I* 4041M Ago TO W PST,wx .1o. ;�71 y Ltmtv mw�o"ry lobW*ECm**sfS. ff 4 1 * 4,�N*E 7 x CANAWf HIL, SU8Cr0%K* AMEAS MA�l w -Rs nnla"035 jk TX vmca, muwtw OFFICE OF THE LAND USE HEARING EXAMINER Theodore P Hunter ' Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO- CANARY HILL #RZ-2005-8 KIVA#RPP4-2052284 APPLICANT- Tim Akins Harbour Homes, Inc. ' 33400 9" Avenue S Federal Way, WA 98003 REQUEST A zoning map amendment to rezone two parcels' totaling approximately 5 8 acres from SR-4 5 (Single- Family Residential, maximum density 4 53 dwelling units per acre) to SR-6 (Single-Family Residential, maximum density 6 05 dwelling units per acre) LOCATION- 13624 and 13640 SE 256`h Street APPLICATION FILED- July 1, 2005 ' DETERMINATION OF NONSIGNIFICANCE ISSUED October 27, 2005 ' MEETING DATE: December 7, 2005 RECOMMENDATION ISSUED- December 22, 2005 RECOMMENDATION APPROVED ' STAFF REPRESENTATIVE: Sharon Clamp, Planning Services Mike Gillespie, Public Works PUBLIC TESTIMONY: Luay Joudeh representing applicant King County Tax Parcel Numbers 2222059118 and 2222059035 Exhibit 1, Staff Report, page 2 Findings, Conclusions and Decision Hearing Examiner for the City of Kent Canary Hill #RZ-2005-8 KIVA #2052284 ' Page 1 of 7 EXHIBITS 1 Staff Report dated December 7, 2005, with Vicinity Map and Site Plan and the following attachments , A Rezone Application filed June 30, 2005, with Responses to Criteria, Certificates of Water and Sewer Availability, and Legal Description , B. Department Routing Forms, with comments from Lori Flemm, Parks Department, Paul Peterson, Police Department, and Public Works and Vicinity ' Map C. Public Notice Documents, including Affidavits and Mailing List ' D. Notice of Completeness and Notice of Application Documents, including Affidavits E. SEPA Determination of Non-Significance dated ' October 27, 2005, with Environmental Checklist Based upon the testimony and evidence admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions ' FINDINGS 1. Harbour Homes Inc (Applicant) requested a zoning map amendment to rezone two , parcels2 of land, totaling approximately 5 8 acres, from SR-4 5 (Single-Family Residential, maximum density 4 53 dwelling units per acre) to SR-6 (Single-Family ' Residential, maximum density 6 05 dwelling units per acre) The subject property is located at the 13624 and 13640 SE 256th Street in Kent, Washington Exhibit 1, Staff Report, page 1, Exhibit 1, Attachment A, Testimony of Ms Clamp ' 2. The Applicant submitted plans for a 32-lot single-family residential development on the site along with the request for a rezone The proposed residential development was ' reviewed together with the request for rezone in the City's environmental review but this recommendation focuses only on the request for a rezone The decision on the preliminary plat application will be addressed in a separate decision KCC 15 09 050(C); Exhibit 1, Staff Report, Pages 1-2 ' 3. The subject property was annexed to the City of Kent on July 1, 1997 as part of the Meridian Valley Annexation (Ordinance No 3344). At the time of annexation, the City ' assigned the property a SR-4 5 zoning designation that reflected the existing land use patterns and represented what was actually built in the area at the time Exhibit 1, Staff Report, pages 3 and 8 , 4. The subject property and all adjacent properties to the east, west, north, and south are zoned SR-4 5 Three parcels of land, totaling approximately 8 8 acres, located to the ' northwest of the subject property are zoned SR-6 Exhibit 1, Staff Report, page 2, Exhibit 1, Staff Report, Vicinity Map 2 King County Tax Parcel Numbers 2222059118 and 2222059035 Exhibit 1, Staff Report, page 2 Findings, Conclusions and Decision ' Hearing Examiner for the City of Kent Canary Hill #RZ-2005-8 KlVA #2052284 Page 2 of 7 ' 5. Surrounding development is characterized by residential development. North of the ' subject property is the Country Club subdivision and east of the subject property is the Madison Place subdivision Large lots, approximately one-half acre in size, are located to the west and south of the subject property, across 136`h Avenue SE and SE 256`h ' Street, respectively A townhouse development is also located to the south of the subject property Exhibit 1, Staff Report, page 2, Exhibit 1, Staff Report, Vicinity Map, Exhibit 1, Attachment A - Cntena Responses, Testimony of Ms Clamp 6. The proposed rezone would not result in the establishment of land uses that are incompatible with the character of surrounding properties Both the SR-4 5 and SR-6 ' zones are intended for single-family residential development The Applicant proposes to develop the site in a manner that is generally consistent with the surrounding residential land uses Exhibit 1, Attachment A - Cntena Responses, Exhibit 1, Staff Report, pages 2 7. In 1995, the City of Kent adopted its Comprehensive Plan (updated 2004) The City of Kent Comprehensive Plan Land Use Map designates the subject property and all surrounding properties as Single-Family, six units per acre (SF-6) The zoning designation of SR-6 is allowed within the SF-6 land use designation area Exhibit 1, Staff Report, page 2, City of Kent Comprehensive Plan, Land Use Element— Land Use Map, Table 4 1 8. The City of Kent Comprehensive Plan contains the following goals and policies that are relevant to the rezone application Goal LU-9 Provide adequate land and densities to accommodate the adopted 20 year ' housing target of 4,284 new dwelling units within existing city limits Policy LU-9 1• Where appropriate, establish urban residential densities of at least four (4) units per net developable acre in order to adequately support urban densities Policy LU-9 4• Locate housing opportunities with a variety of densities within close proximity to employment, shopping, transit, and where possible, near human and community services Goal LU-10- ' Provide opportunities for a variety of housing types, options, and densities throughout the City to meet the housing needs of the Region's changing demographics. Policy LU-10 4 Allow single family housing on a variety of lot sizes Locate smaller lot sizes within close proximity to the Urban Center or Activity Centers wherever possible. ' Policy H-5 2 Provide a sufficient amount of land zoned for current and projected residential needs including, but not limited to, assisted housing, housing for low income households, single family housing, and small lot sizes ' Findings, Conclusions and Decision Hearing Examiner for the City of Kent Canary Hill #RZ-2005-8 KIVA #2052284 ' Page 3 of 7 Goal TR-1• Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act Policy TRA 2• Coordinate new commercial and residential development in Kent with transportation projects to assure that transportation facility capacity is sufficient to accommodate the new development . ' The proposed rezone supports these goals and policies in that the subject property is served by existing urban services and infrastructure, and the density allowed by the ' rezone would accommodate additional households pursuant to the 20-year time horizon provided for in the Comprehensive Plan The proposed future development of the property would require interconnected roadways and pedestrian facilities and would mitigate impacts to the transportation system City of Kent 2004 Comprehensive Plan - Land Use, Housing, and Transportation Elements, Exhibit 1, Staff Report, pages 6-8 9. Circumstances have changed since the City adopted the SR-4 5 zoning of the subject property The changed circumstances relate primarily to transportation improvements to roadways that would be affected by future development of the subject property, including SE 2561h Street3, 132nd Avenue SE4, and the SE 272/2771h Street Corridor In addition, ' developments with densities of greater than 4 5 dwelling units per acre have been established in the area Exhibit 1, Staff Report, page 8; Exhibit 1, Attachment A - Criteria Responses ' 10. The proposed rezone is associated with a specific development proposal The Applicant has submitted an application for a preliminary plat (Canary Hill Plat #SU-2005-3) This plat seeks to develop 32 single-family lots, an internal roadway, one stormwater tract, and two private access tracts Based on the gross acreage of the site, the maximum number of dwelling units that could be developed under current SR-4 5 zoning is 26, and ' the maximum number of dwelling units that could be developed under the proposed SR- 6 zoning is 35 Because this density calculation does not take into account development constraints such as the need to set aside land for roads, stormwater facilities, and other improvements, the actual number of dwelling units that would be developed on site is 32, less than the maximum allowed Exhibit 1, Staff Report, Pages 1-5, Testimony of Ms Clamp , 11. The proposed rezone, in and of itself, would not add traffic to the local street system. The traffic impact of future development of the subject property would be mitigated through frontage improvements, including curb, gutter, sidewalk, planting strip, street lighting, paving, and storm drainage facilities, and payment of an environmental mitigation fee The preliminary plat proposal includes creating secondary access to the adjacent Madison Place subdivision, thereby providing greater connectivity between , plats and facilitating emergency vehicle access Exhibit 1, Staff Report, pages 7 & 11, and Site Map SE 256`h Street has been improved between 132"d Avenue SE and 116th Avenue SE ' 4 132nd Avenue SE has been improved between SE 251'`Street and SE 240`h Street Findings, Conclusions and Decision , Hearing Examiner for the City of Kent Canary Hill #RZ-2005-8 KIVA #2052284 Page 4 of 7 ' 12. Water and sewer service are available to serve the subject property The Applicant has obtained certificates of water and sewer availability from the Soos Creek Water & Sewer ' District Exhibit 1, Attachment A, Certificates of Water and Sewer Availability 13. No public comment on the rezone application was received 14. Pursuant to the State Environmental Policy Act (SEPA), the City of Kent acted as lead agency for review of environmental impacts caused by the proposal The City issued a ' Mitigated Determination of Nonsignificance (MDNS) for the rezone and associated preliminary plat application on October 27, 2005 The MDNS contains two conditions requiring traffic mitigation and the construction of a pedestrian walkway These ' conditions relate to the preliminary plat application but not the rezone The MDNS was not appealed Exhibit 1, Staff Report, page 3, Exhibit 1, Attachment E, MDNS 15. Notice of the open record hearing was posted on the property, mailed to properties within 300 feet of the site and published in King County Journal in accordance with City ordinances Exhibit 1, Attachments C and D ' 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) of the Kent Zoning Code sets forth the standards and criteria the Hearing Examiner must use to evaluate a request for a rezone A request for a rezone shall only be granted if a The proposed rezone is consistent with the Comprehensive Plan; b. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity, C. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated; d Circumstances have changed substantially since the establishment of the current zoning ' district to warrant the proposed rezone, e The proposed rezone will not adversely affect the health, safety and general welfare of ' the citizens of the City of Kent Findings, Conclusions and Decision Hearing Examiner for the City of Kent Canary Hill #RZ-2005-8 KIVA #2052284 ' Page 5 of 7 Conclusions based on Findings , 1. The proposed rezone is consistent with the Comprehensive Plan. The , Comprehensive Plan designates the subject property and all surrounding properties as SF-6 The additional density allowed by the rezone would support the policies of the Comprehensive Plan Findings Nos. 7 and 8 , 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Existing and authorized land uses in the , vicinity of the site are single-family and some multi-family residential The uses immediately adjacent to the site are single-family residential The future use of the subject property, with the rezone, would be single-family residential Although the , allowed density would be slightly higher than that of surrounding properties, the full development potential of the site (35 units) would not be realized Future development of the subject property would require mitigation of off-site impacts Findings Nos 4, 5, 6, and 10 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. The rezone itself would not generate any traffic Traffic associated with subsequent development of the site would be mitigated through the conditions of the MDNS and the conditions of preliminary plat approval Findings Nos 2, 10, 11, and 14 ' 4. Circumstances have changed substantially since the establishment of the current zoning district. In considering a rezone, the Applicant has the burden of proof in ' demonstrating that conditions have substantially changed since the original zoning and that the rezone bears a substantial relationship to the public health, safety, morals, or general welfare Parkndge v Seattle, 89 Win 2d 454, 573 P 2d 359 (1978) A variety of factors may be utilized to satisfy a change in circumstances including changes in public opinion, local land use patterns, and changes on the property itself Bjarnson v Kitsap County, 78 Win App 840, 846; 899 P 2d 1290 (Div 1, 1995) A rezone which , implements the City's Comprehensive Plan satisfies the burden of proof Save Our Rural Environment v Snohomish County, 99 Wn 2d 363, 370-71, 662 P 2d 816 (1983) The proposed rezone implements policies of the City's Comprehensive Plan and is ' supported by significant changes in the local transportation system Findings Nos 7, 8, and 9. 5. The proposed rezone would not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Allowed land uses under both the current and proposed zoning designations are exclusively residential No adverse impacts were identified during the environmental review process that cannot be mitigated The MDNS ' and conditions of permit approval would address impacts associated with future development of the site Findings of Fact Nos 4, 6, 11, and 14 Findings, Conclusions and Decision ' Hearing Examiner for the City of Kent Canary Hill #RZ-2005-8 KIVA #2052284 Page 6 of 7 , RECOMMENDATION ' Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the application for a rezone of King County Tax Parcel Nos 2222059118 and 2222059035 from SR-4 5 to SR-6 be APPROVED ' DATED this 22nd day of December 2005. ' THEODORE PAUL HUNTER Hearing Examiner S Term itlPlanlrezone1200512052284-2005-8findngs doc Findings, Conclusions and Decision Hearing Examinerfor the City ofKent Canary Hill #RZ-2005-8 KIVA #2052284 Page 7 of 7 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 5.8 acres of property located at 13624 and 13640 SE 256th Street from I SR-4.5 (Single-Family Residential, 4 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Canary Hill Rezone, #RZ-2005-8) RECITALS A. An application was filed on July 1, 2005, by Tim Akins for Harbour Homes, Inc., to rezone approximately 5.8 acres of property located at 13624 and 13640 SE 256" Street in Kent, Washington, from the current zoning of SR-4.5 (Single- Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Canary Hill Rezone, #RZ-2005-8). B. The City's SEPA responsible official issued a Determination of Nonsignificance (DNS) (#ENV-2005-43) for the proposed rezone on September 7, 2005. C. A public hearing on the rezone was held before the hearing examiner on December 7, 2005. On December 22, 2005, the hearing examiner issued findings and conclusions that the Canary Hill 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 unduly burden the transportation system in the vicinity of the property with significant adverse impacts that cannot be mitigated; that circumstances have 1 Canary Hill Rezone 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 Canary Hill Rezone. E. On February 7, 2006, the City Council determined that the hearing ' examiner's findings and conclusions are consistent with sections 15.09.050(A)(3) and 15.09.050(C) of the Kent City Code, accepted the findings of the hearing examiner, and adopted the hearing examiner's recommendation for approval of the Canary Hill Rezone from SR-4.5 to SR-6. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE , SECTION 1, — Rezone. The property located at 13624 and 13640 SE 2561h , Street, Kent, Washington consisting of approximately 5.8 acres depicted in Exhibit "A" (marked "Vicinity Map' , attached and incorporated by this reference, and legally , described in Exhibit "B", attached and incorporated by this reference, is rezoned from SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). The City of Kent zoning map shall be amended to reflect the rezone granted above. SECTION 2, — Severability. 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. 2 Canary Hill Rezone , 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. SUZETTE COOKE, MAYOR ATTEST: 1 BRENDA JACOBER, CITY CLERK ' APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of February, 2006. ' APPROVED: day of February, 2006. PUBLISHED: day of February, 2006. 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. BRENDA JACOBER, CITY CLERK (SEAL) P\Civil\ORDINANCE\Rezone-CanaryHrll doc r 3 Canary Hill Rezone MERIDIAN VALLEY ' GOLF AND COUNTRY CLUB SE 248TH STR T W w N y a 'ya < tnto cc N SE 2561H STREET x SE 260TH TREET ' LAKE MERIDI * ' 1 APPLICATION NAME; CANARY HILL , REQUEST: RZ-2005-8 (2052284)AND SU-2005-3 (2052289) EXHIBIT "A" VICINITY MAP Parcel A The west 3 acres of the southwest quarter of the southeast quarter of the southwest quarter of Section 22, Township 22 North, Range 5 East, W.M.,in King County, Washington, EXCEPT the west 28.5 feet; AND EXCEPT the south 30 feet deeded to Ding County by instrument recorded under Recording Number 2677709 for Southeast 256th Street; AND EXCEPT any portion thereof lying within Parcel B. Parcel B Beginning at a concrete monument marking the southwest corner of the southeast quarter of the southwest quarter of Section 22,Township 22 North,Range 5 East, W.M., in King County, Washington; thence south 88059'56" east on the south line of Section 22, 198.00 feet; thence north 0005l'15" east 30.00 feet to the TRUE POINT OF BEGJNNING; thence continwng north 00051'15" east 630.03 feet; thence south 88158'50" east 22.50 feet to a concrete monument; thence south 00°26'42" west 630.03 feet to a concrete monument; thence north 88059'56" west 26.50 feet to the TRUE POINT OF BEGINNING. Parcel C tBeginning at the southwest corner of the northwest quarter of the southeast quarter of the southwest quarter of Section 22, Township 22 North, Range 5 East. W M, in King I County, Washington; thence south 88"58'50" east 28.5 feet to the TRUE POINT OF BEGINNING; thence continuing south 88058'50" east 192 feet; thence north 00°26'42" east 30 feet; thence north 86056'50" west 194 feet; thence south 00*5I'15" west 30 feet; 1 thence south 88158'50" east 2 00 feet to the TURF POINT OF REOMN1NG. EXHIBIT "B" Page 1 of 2 The southwest quarter of the southeast quarter of the southwest quarter, Section 22, t Township 22 North, Range 5 East, W.M„ in King County, Washington; EXCEPT the east 238.89 feet thereof, AND EXCEPT the south 20 feet thereof conveyed to King County for Julius Johnston , Road Number 362 under Superior Court Cause Number 15732; AND EXCEPT that portion conveyed to King County for Kent-Black Diamond Middle t Road under Recording Number 2677710; AND EXCEPT that portion lying west of the following described line: Commencing at a concrete monument marking the southwest corner of the southeast , quarter of the southwest quarter in Section 22; thence south 88°59'56" east on the south line thereof 198.00 feet; thence north 00°51'15" east 660.03 feet; thence south 88°58'50" east 22.50 feet to a concrete monument which is the TRUE POINT OF SFG1NNING of the line herein described; thence south 00°26'42" west 630.03 feet to concrete monument and the terminus of said line t t 1 L t . t 1 L EXHIBIT "B" Page 2 of 2 t t Kent City Council Meeting Date February 7, 2006 Category Consent Calendar 1. SUBJECT: SOPHIA GLENN/BRENNA'S VISTA II REZONE ORDINANCE — ADOPT (QUASI-JUDICIAL) 2. SUMMARY STATEMENT: Council has determined to consider rescinding and amending their December 13, 2005, decision of the Sophia Glenn/Brenna's Vista II Rezone Amendment of the earlier decision to deny adoption of an ordinance relating to land use and zoning, specifically the rezoning of four parcels totaling 22 3 acres of property from Single-Family Residential, 4.5 units per acre, to Single-Family Residential, 6 units per acre is under consideration tonight. The property is located at 20227 and 20429 92nd Avenue South. The Kent Hearing Examiner held a Public Hearing on October 5, 2005, and issued Findings, Conclusions, and a Recommendation for approval on October 19, 2005. There will be a brief presentation by the City Attorney and Planning Division Staff. I3. EXHIBITS: Staff report with map; Hearing Examiner Findings, Conclusions and Recommendation; and 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 Revenuc Fund Amount $ 6. CITY COUNCIL CTION: Councilmember moves, Councilmember seconds to adopt Ordinance No 37Y7, rescinding the December 13, 2005, motion to deny the requested Sophia Glenn/Brenna's Vista 11 Rezone and to amend the earlier motion by accepting the Findings, Conclusions and Recommendation of the Hearing Examiner on the Sophia Glenn/Brenna's Vista Il Rezone. (�Q� DISCUSSION: 0 ACTION: ''�,� � � � � � �--' Council Agenda ( � Item No. 713 COMMUNITY DEVELOPMENT Fred N Satterstrom, Director PLANNING SERVICES Charlene Anderson,AICP, Manager E T W T ON Phone 253-856-5454 eS HieG 1 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 KENT PLANNING SERVICES (253) 856-5454 STAFF REPORT FOR HEARING EXAMINER MEETING OF October 5, 2005 FILE NO- Sophia Glenn aka Brenna's Vista II Rezone #RZ-2005-1 KIVA#RPP4-2050146 APPLICANT Pacific West Development LLC 2201 Lind Avenue SW, Suite #105 Renton, WA 98055 REQUEST A Zoning Map Amendment (Rezone) for four (4) existing tax parcels from SR-4 5 Single Family ' Residential to SR-6, Single Family Residential STAFF REPRESENTATIVE. Matt Gilbert, Planner STAFF RECOMMENDATION: APPROVAL I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to rezone a 22 34 acre site currently zoned SR-4 5, Single Family Residential to SR-6, Single Family Residential The site is identified on the City of Kent Comprehensive Plan Map as SF-6 Single Family/6 units per acre In 2003 and 2004, separate amendments established the current Zoning and Comprehensive Plan designations for the site The subject site is comprised of four tax parcels B. Location The subject property is located just south of 200th Street adjacent to the SR-167 ' right of way The site is currently addressed as 20227 and 20429 92nd Avenue S Staff Report Sophia Glenn aka Brenna's Vista II Rezone #RZ-2005-1 KIVA #RPP4-2050146 The four parcels are identified by King County tax parcel numbers 062205-9007, -9034, -9025 and -9045 C. Size of Property The subject property is approximately 22 34 acres , D. Zoning/Comprehensive Plan The property is currently zoned SR-4 5 Single Family Residential Properties located to the north are zoned SR-2 Properties to the east are zoned SR-6 and properties to the south are SR-4 5 The Valley Freeway (SR-167) borders the site to the west Land beyond the freeway is zoned M2, Limited Industrial The City of Kent Comprehensive Plan designates the site, together with properties to the east and south, as SF6, Single Family (6 units/acre) Properties to the north are designated SF-3, Single Family Residential (3 units/acre) Land to the west, across the Valley Freeway, is designated as MIC, Manufacturing Industrial Center Utilizing gross acreage, the SR-6 zoning designation would allow for the development of approximately 135 single family detached units, as opposed to 100 single family units under the existing SR-4 5 designation However, due to the land area requirements associated with stormwater management systems, roadways and other improvements, fewer lots are anticipated for this site E. Land Use The site of this proposed rezone is currently developed with one house, and several scattered outbuildings A small potential wetland area has been identified near the western boundary of the site While most of the surrounding developed properties are located in the SR-6 zoning district, the intensity of development varies Low and medium density development generally characterizes this section of 92"d Avenue with homes on platted and unplatted lots Future development of this 22 3 acre site will be significant in defining the character of this part of Kent Additionally, the City is currently processing a SR-4 5 to SR-6 rezone and plat application for the three southern adjacent parcels Properties located north of the subject site are zoned SR-2 and feature very low density residential development on one to four acre parcels F. History , The property is part of 320 acres annexed to the City of Kent on March 15, 1959 under Ordinance No 320 , Page 2 of 15 Staff Report Sophia Glenn aka Brenna's Vista II Rezone #RZ-2005-1 KIVA#RPP4-2050146 In 1997 the two northern parcels (062205-9025 and -9007), which represent the majority of the subject site, were rezoned from SR-1 to SR-3 under Ordinance 3359 In 2002, the City Council approved a Comprehensive Plan Map and Zoning Map amendment on the northernmost parcel (062205-9025) to establish the SF-6 Comprehensive Plan designation and the current SR-4 5 zoning designation (ref Ord 3637 & 3640) During the 2004 update of the City's Comprehensive Plan, the City Council extended the SF-6 Comprehensive Plan designation and SR-4 5 Zoning designation to several properties along 92Id Avenue including all parcels of the subject site (ref Ord 3698) II. ENVIRONMENTAL CONSIDERATIONS A Environmental Assessment Amending the City's zoning map is considered a "non-protect" action under the State Environmental Policy Act (SEPA) A Determination of Nonsignificance (ENV-2005-3) for the rezone proposal was issued on September 7, 2005 No conditions for this rezone request were proposed Subsequent development proposals for the subject property will require additional environmental review in conjunction with construction permits, subdivision, and other project permit applications B. Significant Physical Features Topography. Wetlands and Vegetation The grade of the subject site generally falls from east to west at a 16 percent overall grade with maximum slopes of 25 percent Vegetation consists of a variety of scrub grasses, blackberries and various species of small trees While the applicant has not identified any wetland areas on the subject site, a small wetland appears to be located near the western boundary of the site Per section I 11 05 of the Kent City Code, a wetland delineation of this area shall be submitted with any development proposal for this site Also, an open drainage ditch is located on parcel 0622059025 Based on currently available information, this feature is a non-classified waterway and not subject to sensitive area restrictions. Because the proposed rezone does not contemplate a development proposal at this time, staff has not analyzed on-site environmental impacts associated with potential development Development impacts will be analyzed in the SEPA checklist submitted with any specific development projects proposed for the site Page 3 of 15 Staff Report Sophia Glenn aka Brenna's Vista II Rezone #RZ-2005-1 KIVA#RPP4-2050146 C. Significant Social Features ' 1. Street System The proposed development project is located within the East Hill area of the City, and will take its primary access from 92"d Avenue S This existing but substandard street has an existing public right-of-way width of about 66-feet, while the asphalt street width is currently about 22 to 24- feet wide The existing street provides for two narrow lanes of traffic, and does not include the following other improvements cement concrete curbs & gutters; stormwater drainage system, planter strips, cement concrete sidewalks, or an approved street lighting system The proposed development is also adjacent to SE 202"d Street This second street has an existing public right-of-way width of about 40-feet, while the asphalt street width is currently about 22-feet wide The existing street provides for two narrow lanes of traffic, and does not include the following other improvements cement concrete curbs & gutters; stormwater drainage system, cement concrete sidewalks, or a street lighting system near 92nd Avenue South 92nd Avenue South is classified as a Residential Collector Arterial Street Augmented with Bike Lanes upon the City's Comprehensive Plan, which will require a minimum of 70-feet of public right-of-way, a 44-foot wide asphalt roadway with three traffic lanes, plus two in-street bike lanes, combined curbs & gutters and 5-foot wide concrete sidewalks and 5-foot wide planters on both sides of the street, a stormwater drainage system, a City-approved street lighting system, public utilities, and other street appurtenances when fully improved Southeast 202nd Street is classified as a Residential Street upon the City's Comprehensive Plan, which will require a minimum of 50-feet of public right-of-way; a 28-foot wide asphalt roadway with two traffic lanes, plus two in-street parking strips, combined curbs & gutters, a 5-foot wide planter and 5-foot wide concrete sidewalks on both sides of the street, a stormwater drainage system, a City—approved street lighting system; public utilities, and other street appurtenances when fully improved This development is within an area, which is characterized by streets with narrow traffic lanes and narrow or no shoulders, and has been identified as having substandard pedestrian facilities. The subsequent subdivision development will require off-site sidewalks/walkways to provide safe travel for school-age pedestrians to and from Springbrook Elementary School Page 4 of 15 Staff Report Sophia Glenn aka Brenna's Vista II Rezone #RZ-2005-1 KIVA#RPP4-2050146 Neither 92nd Avenue S nor SE 202Id Street is currently improved to their full design standard, and both will require improvement/widening in conjunction with this development to support this project and continued development in the area The additional lots created as a result of the proposed rezone, above the number of lots permitted with the SR-3 Zoning, will be assessed at the full-rate of $1,794 (at today's inflation rate) per PM Peak Hour Trip for the City's East Leg of the South 196'h Street Corridor Project, prior to issuance of Building Permits for the subsequent subdivisions 1 2. Water System Water service is provided by the City of Kent and is currently available. System improvements will be necessary to accommodate any subsequent development ' 3. Sanitary Sewer System Sanitary sewer service is currently provided by the City of Kent An 18 inch sewer pipe is located along the western boundary of the site and is available to serve the site 4. Stormwater System A stormwater system will be necessary to accommodate any subsequent development The developer will be required to construct a stormwater treatment system in accordance with Kent Construction Standards in conjunction with a development proposal D. CONSISTENCY ANALYSIS The proposed rezone is consistent with the goals and policies of the City of Kent Comprehensive Plan III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application' Chief Administrative Officer City Attorney Director of Public Works Chief of Police Parks & Recreation Director Fire Chief Building Official City Clerk King County Environmental Health US Postmaster Washington State Dept of Ecology Puget Sound Energy Washington State Dept of Transportation Kent School District ' Page 5 of 15 1 Staff Report Sophia Glenn aka Brenna's Vista II Rezone #RZ-2005-1 KIVA#RPP4-2050146 , Qwest King County Transit Div King County Wastewater Treatment Div. 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 , No public comments were received pertaining to this proposal. IV PLANNING DEPARTMENT REVIEW A. Comprehensive Plan ' In 2004 the Kent City Council adopted an update to the Kent Comprehensive Plan which represented revisions to demographics, housing and employment forecasts, and relevant goals and policies affected by the referenced inclusion of pertinent local and regional policy documents As with the 1995 plan, the 2004 update was prepared under the provision of the Washington State Growth Management Act The comprehensive plan, through its goals and policies, presents a clear expression of the City's vision of growth for citizens, the development community, and other public agencies The plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner, and the , city departments to guide decisions on amendments to the City's zoning code and other developed regulations, which must be consistent with the plan, as well as guide decision making about the funding and location of the 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 SF-6, Single Family Residential which allows six units per acre The land use element also contains goals and policies relating to the location, density, and design of future development in the City and in the Potential Annexation Area Overall Goal- Encourage a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent's residents Goal LU-9- Provide adequate land and densities to accommodate the adopted , 20 year housing target of 4,284 new dwelling units within the existing city limits, and through an interlocal agreement with King County, adopt the housing target of 619 new dwelling units within Kent's Potential Annexation Area Page 6 of 15 j Staff Report Sophia Glenn aka Brenna's Vista II Rezone #RZ-2005-1 KIVA #RPP4-2050146 Policy LU-9 1• Where appropriate, establish urban residential densities of at least four (4) units per net developable acre in order to adequately support urban densities Policy LU-9 4• Locate housing opportunities with a variety of densities within close proximity to employment, shopping, transit, and where possible, near human and community services Goal LU-10• Provide opportunities for a variety of housing types, options, and densities throughout the City and the Potential Annexation Area to meet the housing needs of the region's changing demographics Policy LU-10 4: Allow single family housing on a variety of lot sizes Locate smaller lot sizes within close proximity to the Urban Center or Activity Centers wherever possible Planning Services Comment. The goals and policies of the land use element support the proposed rezone The proposed location is located near existing urban services and infrastructure The City supports the development of close-in vacant or underdeveloped properties which limits further urban sprawl on the edges of the planning area In addition, infill development provides a more efficient means of providing services and enhancing pedestrian mobility Also, one of the objectives of the comprehensive plan is to provide a wide variety of housing types and opportunities to accommodate projected population growth without converting single family lands to multifamily residential Development of single family subdivisions on underdeveloped, single family zoned land is consistent with this objective Growth Management Hearings Board decisions have determined that lands within urban growth areas should be divided at a minimum of four dwelling units per net acre to ensure efficient provision of urban services The zoning district SR-6 allows 6 05 dwelling units per acre and a minimum lot size of 5,700 square feet HOUSING ELEMENT jGoal Meet the current and future need for housing in the Kent area Ensure opportunities and an appropriate living environment for Kent citizens. IGoal H-2• Promote the organization an enhancement of neighborhoods, and provide the opportunity for comfortable and well maintained housing for all citizens Policy H-2.2• Support housing with appropriate amenities for individuals, families and children Page 7 of 15 Staff Report Sophia Glenn aka Brenna's Vista II Rezone #RZ-2005-1 KIVA#RPP4-2050146 Goal H-5 Increase housing opportunities through a diversity of housing types and the innovative use of residential and commercial land Policy H-5 1 Expand the range of affordable housing choice available to i meet the needs of both current Kent residents and residents projected in , growth estimates Policy H-5 2- Provide a sufficient amount of land zoned for current and projected residential needs including, but not limited to, assisted housing, housing for low income households, single family housing, and small lot sizes Policy H-5.3, Promote diversity of housing types affordable to a range of income levels and cultural/ethnic diversity Goal H-7 Encourage flexibility and innovative site and budding design for a variety of housing developments to expand home ownership Policy H-7 5: Revise zoning and development standards to provide options that increase the supply of affordable home ownership opportunities, such as small lot sizes, zero lot lines, manufactured housing, townhouses, condominiums, clustering, cottage and attached single family housing 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 proposed rezone increases the amount of land zoned for current and projected residential needs including single family housing and smaller lot sizes TRANSPORTATION ELEMENT Goal TR-1. Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act Policy TR-1 2• Coordinate new commercial and residential development in Kent with transportation projects to assure that transportation facility capacity is sufficient to accommodate the new development, or a financial commitment is in place to meet the adopted standard within six years, before allowing it to proceed , Policy TR-1 5- Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible. Page 8 of 15 i Staff Report Sophia Glenn aka Brenna's Vista II Rezone #RZ-2005-1 KIVA #RPP4-2050146 Planning Services Comment- The Growth Management Act requires consistency between land use and transportation planning As noted, the Land Use Plan identifies the area of the rezone as SF 6 Single Family Residential When developed in the future, a new development will include interconnected roadways and pedestrian facilities The City's Public Works Department will identify specific improvements which will be necessary along the 92nd Avenue South property frontage to serve future development of the property and accommodate the higher density permitted under this rezone B Standards and Criteria for a Rezone Request 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 A zoning map 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 SF 6, Single Family Residential which allows up to six units per acre A rezone of the site from SR-4 5 Single Family Residential to SR-6 Single Family Residential will allow residential development up to six 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 the existing development in the vicinity Future development on the subject site will be part of a residential area defined on the north by 200`h Street, on the south by 208'h Street and on the west by the Valley Freeway This area features low to medium density residential development in located both in subdivisions and on unplatted lots The proposed SR-6 zoning designation allows for 6 05 units per acre, a medium density designation As previously noted, the City is currently processing an SR-4 5 to SR-6 rezone and plat proposal for the three southern adjacent properties The Valley Freeway (SR-167) abuts the site along the western boundary Page 9 of 15 Staff Report Sophia Glenn aka Brenna's Vista II Rezone #RZ-2005-1 KIVA#RPP4-2050146 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 SR-6, Single Family Residential will not generate additional trips onto the existing transportation system However, future development of a subdivision will add 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 In 2002 the City Council established the SF-6 Comprehensive Plan designation and SR-4 5 zoning designation for the northernmost parcel of this site In 2004, as part of the Comprehensive Plan update, the Council extended these designations to the entire 48 acre area between 92"d Avenue and the Valley Freeway, south of 2001h Street and north of 208th Street In 2005 the City Council passed an updated Critical Area Ordinance In part, the new CAO allows home builders greater flexibility when locating new buildings on hillside areas In short, the former hillside development regulations set static numerical limitations on new development based on degree of slope, seismic stability, erosion and slide slippage potential The development limitations associated with the former hillside development regulations would likely have applied to areas of this site The new CAO allows development limitations to be set through a detailed geotechnical review process that includes site specific analysis and allows modern structural solutions to be applied to potentially hazardous areas Given this new flexibility, development of the subject the site is feasible The applicant proposes this rezone to support development of the subject site as envisioned by the Comprehensive Plan 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent Page 10 of 15 Staff Report Sophia Glenn aka Brenna's Vista II Rezone #RZ-2005-1 KIVA #RPP4-2050146 Planning Services Comment The proposed rezone is consistent with the intent of the Comprehensive Plan Subsequent development on the site will have to meet applicable codes and regulations, including mitigation of anticipated transportation and environmental impacts Therefore, the rezone proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent IV. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone, City staff recommends APPROVAL of the rezone request with no conditions KENT PLANNING DEPARTMENT September 28, 2005 MG ch 1S 1PermitlPlanlrezone1200512050146-2005-1 report doc Page 11 of 15 i W z a c t �o a a 00 0E N C (o N _cn _ c N C CD c m 92 Av S C , _(D J c Et s i (D ! 0 N N i i OFFICE OF THE LAND USE HEARING EXAMINER Theodore P Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: SOPHIA GLENN/BRENNA'S VISTA II #RZ-2005-1 KIVA #RPP4-2050146 1 APPLICANT: Pacific West Development LLC REQUEST: A zoning map amendment to rezone four parcels' totaling 22 34 acres from SR-4 5 (Single-Family Residential, maximum density 4.53 dwelling units per acre) to SR-6 (Single- Family Residential, maximum density 6 05 dwelling units per acre). LOCATION: 20227 and 20429 92"d Avenue S. APPLICATION FILED: January 18, 2005 DETERMINATION OF NONSIGNIFICANCE ISSUED: September 7, 2005 MEETING DATE- October 5, 2005 RECOMMENDATION ISSUED: October 19, 2005 RECOMMENDATION: APPROVED STAFF REPRESENTATIVE: Matt Gilbert, Planning Services PUBLIC TESTIMONY: Cory Martin representing applicant Other Donna Williamson EXHIBITS- 1. Staff report dated September 28, 2005 with the following attachments. t ' Tax Parcel Numbers 062205-9025, 062205-9007, 062205-9034, and 062205- 9045 Exhibit 1, Attachment A Findings, Conclusions & Recommendation Heanng Examiner for City of Kent Sophia Glenn/Brenna's Vista lI Rezone #RZ-2005-1 KIVA #RPP4-2050146 Page 1 of 7 i A. Rezone Application with Response to Criteria, Legal Description, Certificate of Water Availability, Certificate of Sewer Availability, Application Cover Letter, and Boundary & Topography Map B Correspondence from Carole Maxwell , C. City Department Routing and Responses D. Public Notice Documents, including affidavits, mailing list and publication correspondence E. Notice of Application / Completeness Documents, including affidavits, distribution list and publication correspondence D. Mitigated Determination of Nonsigrnficance 2. Comment Letter from Elizabeth Tweeten dated October 5, 2005 Based upon the testimony and evidence admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions. FINDINGS 1. The Applicant requested a zoning map amendment to rezone four parcels2 totaling 22.34 acres from SR-4 5 (Single-Family Residential, maximum density 4.53 dwelling units per acre) to SR-6 (Single-Family Residential, maximum density 6 05 dwelling units per acre). The subject property is located on the west side of 92"d Avenue South, south of South 2001h Street, in Kent, Washington Exhibit 1, Staff Report, pages 1-2; Exhibit 1, Attachment A. 2. The subject property and adjacent properties to the south are zoned SR-4.5 Adjacent properties to the east and north are zoned SR-6 and SR-2, respectively. The Valley Freeway (SR-167) borders the subject property to the west Exhibit 1, Staff Report, page 2; Exhibit 1, Attachment A, Boundary & Topography Map 3. The City of Kent Comprehensive Plan Land Use Map designates the subject property and adjacent properties to the south and east as Single-Family, six units per acre (SF-6)3 The Comprehensive Plan Land Use Map designates the adjacent properties to the north as SF-3 Exhibit 1, Staff Report, page 2. 2 Tax Parcel Numbers 062205-9025, 062205-9007, 062205-9034, and 062205-9045. Exhibit 1, , Attachment A 3 Please note that the Comprehensive Plan designation has an "SF" prefix, whereas the Zoning Code designation has an "SR" prefix. Findings, Conclusions & Recommendation Hearing Examiner for City of Kent Sophia Glenn/Brenna's Vista lI Rezone #RZ-2005-1 KIVA #RPP4-2050146 Page 2 of 7 4. Surrounding development is characterized by low to medium-density residential development Exhibit 1, Staff Report, page 2 5. The City of Kent Comprehensive Plan contains the following goals and policies that are relevant to the rezone application: Goal LU-9: Provide adequate land and densities to accommodate the adopted 20 year housing target of 4,284 new dwelling units within existing city limits .... Policy LU-9.1: Where appropriate, establish urban residential densities of at least four (4) units per net developable acre in order to adequately support urban densities Policy LU-9 4 Locate housing opportunities with a variety of densities within close proximity to employment, shopping, transit, and where possible, near human and community services. Policy H-5.1 Expand the range of affordable housing choice available to meet the needs of both current Kent residents and residents projected in growth estimates. Goal TR-1: Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act. Policy TR-1.2: Coordinate new commercial and residential development in Kent with transportation projects to assure that transportation facility capacity is sufficient to accommodate the new development .... Exhibit 1, Staff Report, pages 6-8 The proposed rezone supports these goals and policies in that the subject property is served by existing urban services and infrastructure, and the density allowed by the rezone would accommodate additional population growth Future development of the property would require mitigation of impacts to the transportation system. Exhibit 1, Staff Report, pages 7-9. >� 6. The subject property was annexed to the City of Kent on March 15, 1959. In 1997, the City rezoned the northern two parcels (Tax Parcel Nos. 062205-9025 and 062205-9007) from SR-1 to SR-3 In 2002, the City changed the Comprehensive Plan designation of Tax Parcel No 062205-9025 to SF-6 and j rezoned the parcel to SR-4.5. In 2004, the City changed the Comprehensive Plan designation of the remaining three parcels comprising the subject property to SF- 6, and rezoned the parcels to SR-4.5. Exhibit 1, Staff Report, pages 2-3. Findings, Conclusions & Recommendation Hearing Examiner for City of Kent Sophia Glenn/Brenna's Vista 11 Rezone #RZ-2005-1 K1VA #RPP4-2050146 Page 3 of 7 i 7. Circumstances have changed since the City adopted the SR-4.5 zoning of the subject property The City adopted an updated Critical Areas Ordinance (CAO) in 2005. The new CAO allows hillside development limitations to be established through a detailed geotechnical review process. The presence of slopes does not necessarily preclude residential development, a developer may apply modern structural solutions to potentially hazardous areas In contrast, the previous CAO contained static numerical limitations on new development based on degree of slope, seismic stability and other considerations The change is relevant to the proposed rezone because the subject property contains slopes that might be subject to regulation. With the flexibility offered by the new CAO, development of the subject property is feasible Exhibit 1, Staff Report, page 10; Testimony of Mr. Gilbert. 8. The proposed rezone is not associated with a specific development proposal. However, based on the gross acreage of the site, the maximum number of dwelling units that could be developed under current SR-4 5 zoning is 100, and the maximum number of dwelling units that could be developed under the proposed SR-6 zoning is 135 Because this density calculation does not take into account development constraints such as the need to set aside land for roads and stormwater facilities, the actual number of dwelling units that could be developed on site would likely be less than the maximum allowed (the Applicant anticipates that the number would likely be less than 100) Additional constraints, such as a sewer easement and associated buffers along the western site boundary, a drainage course on a portion of the subject property, and a potential wetland along the western site boundary, could further limit the development potential of the subject property. These features would be reviewed when specific development is proposed. Exhibit 1, Staff Report, pages 2 & 3; Exhibit 1, Attachment A, Boundary & Topography Map; Exhibit 2, Testimony of Mr Gilbert, Testimony of Mr. Martin. 9. The City of Kent streets that would be potentially affected by future development of the subject property - 92"d Avenue South and SE 202 d Street - are both substandard under the City's street standards Residential Collector Arterial Streets Augmented with Bike Lanes such as 92"d Avenue should have a right-of- way width of 70 feet, a street width of 44 feet, and planter strips, sidewalks and other improvements, and Residential Streets such as SE 202"d Street should have a right-of-way width of 50 feet, a street width of 28 feet, and planter strips, sidewalks and other improvements Currently, 92nd Avenue South has a right-of- way width of approximately 66 feet and a street width of 22 to 24 feet. The street accommodates two narrow lanes of traffic but does not include the required improvements. Southeast 202"d Street is in a similar condition. It has a right-of- Findings, Conclusions & Recommendation Hearing Examiner for City of Kent Sophia Glenn/Brenna's Vista //Rezone #RZ-2005-1 KIVA #RPP4-2050146 Page 4 of 7 way width of approximately 40 feet and a street width of 22 feet, and lacks the required improvements Exhibit 1, Staff Report, page 4. 10. Future development of the subject property would require mitigation of impacts to the street system, including street widening along the property frontage and payment of transportation mitigation fees Exhibit 1, Staff Report, pages 5 & 10, Exhibit 1, Attachment A, Response to Criteria. 11. Water and sewer service are available to serve the subject property. The Applicant obtained certificates of water and sewer availability from the Soos Creek Water & Sewer District on December 7, 2004 Exhibit 1, Attachment A, Certificate of Water Availability and Certificate of Sewer Availability. 12. Pursuant to the State Environmental Policy Act (SEPA), the City of Kent acted as lead agency for review of environmental impacts caused by the proposal The City issued a Determination of Nonsignificance (DNS) for the rezone on September 7, 2005. Additional environmental review would be required once specific development is proposed. Exhibit 1, Staff Report, page 3, Exhibit 1, Attachment E. 13. Notice of the open record hearing was posted on the property, mailed to properties within 300 feet of the site and published in King County Journal 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) of the Kent Zoning Code sets forth the standards and criteria the Hearing Examiner must use to evaluate a request for a rezone A request for a rezone shall only be granted if: a. The proposed rezone is consistent with the Comprehensive Plan; Ib. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity; Findings, Conclusions & Recommendation Hearing Examiner for City of Kent Sophia Glenn/Brenna's Vista /I Rezone #RZ-2005-1 K/VA #RPP4-2050146 Page 5 of 7 ORDINANCE NO. AN ORDINANCE of the City Council of the City of 1 Kent, Washington, relating to land use and zoning, specifically the rezoning of approximately 22.3 acres of property located at 20227 and 20429 92nd Avenue South from SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Sophia Glenn/Brenna's Vista II Rezone, #RZ-2005-1). RECITALS A. An application was filed on January 18, 2005, by Pacific West Development LLC, to rezone approximately 22.3 acres of property located at 20227 and 20429 92nd Avenue South, in Kent, Washington, from the current zoning of SR- 4.5 (Single-Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Sophia Glenn/Brenna's Vista II Rezone, #RZ-2005-1). B. The City's SEPA responsible official issued a Determination of Nonsignificance (DNS) (#ENV-2005-3) for the proposed rezone on September 7, 2005. C. A public hearing on the rezone was held before the hearing examiner on October 5, 2005. On October 19, 2005, the hearing examiner issued findings and conclusions that the Sophia Glenn/Brenna's Vista II 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 unduly burden the transportation system in the vicinity of the property 1 Sophia Glenn/ Brenna s Vista II Rezone i with significant 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 Sophia Glenn/Brenna's Vista II Rezone. E. The City Council considered the matter on December 13, 2005. The vote on a motion to approve the rezone resulted in a tie. Because the motion before the council was to approve the substantive passage of an ordinance, the mayor, by state law, did not possess tie breaking authority. Additionally, state law also requires that at least a majority of the full council approve the passage of an ordinance. Accordingly, an insufficient number of councilmembers voted in favor of the motion and further, the tie vote failed for want of a majority under Robert's Rules of Order. At the regular council meeting on January 17, 2006, Councilmember Harmon put the full council on notice that a motion would be made on February 7, 2006, to rescind and amend the earlier vote on the December 13 motion. On February 7, 2006, the city council rescinded the December 13, 2005, action, and a majority of the City Council determined that the hearing examiner's findings and conclusions are consistent with sections 15.09.050(A)(3) and 15.09.050(C) of the Kent City Code, accepted the findings of the hearing examiner, and adopted the hearing examiner's recommendation for approval of the Sophia Glenn/Brenna's Vista II Rezone from SR- 4.5 to SR-6. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: i 2 Sophia Glenn/ Brenna's Vista Il Rezone ORDINANCE I SECTION 1. — Rezone. The property located at 20227 and 20429 92nd Avenue South, Kent, Washington consisting of approximately 22.3 acres depicted in Exhibit "A" (marked "Vicinity Map' , attached and incorporated by this reference, and legally described in Exhibit "B", attached and incorporated by this reference, is rezoned from SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). The City of Kent zoning map shall be amended to reflect the rezone granted above. SECTION 2. — Severability. 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. 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. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 3 Sophia Glenn/ IBrenna's Vista II Rezone i PASSED: day of February, 2006. APPROVED: day of February, 2006. PUBLISHED: day of February, 2006. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA ]ACOBER, CITY CLERK R•\Qvil\ORDINANCE\Rezone-SopMaGlenn-srennaVsta doc 4 Sophia Glenn/ Brenna's Vista 11 Rezone u tt„ ZISIHX� w z Ca a li a 4J riciaa°� ,. U r. •rl Ell ' ' L� c N N N +r N C) N N W m 92 Av S C C� c� G. LEGAL DESCRIPTIONS , Parcel 062205-9007: 9.41 Acres THAT PORTION OF THE SOUTH '/s OF THE NORTHEAST %4 OF THE SOUTHWEST '/4 OF SECTION 6, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF PARIMARY STATE HIGHWAY NO. 5 AS CONVEYED UNDER RECORDING NO 5408026 AND AS CONDEMED IN KING COUNTY SUPERIOR COURT CAUSE NO. 573456; EXCEPT THE SOUTH 130 FEET OF THE NORTH 160 FEET OF THE EAST 170 FEET THEREOF; AND EXCEPT THE SOUTH 125 FEET OF THE EAST 230 FEET THEROF; AND EXCEPT THE EAST 30 FEET OF THE REMAINDER AS CONVEYED TO KING COUNTY FOR 92ND AVENUE SOUTH UNDER RECORDING NO.665910; SITUATED IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHIUNGTON. Parcel 062205-9025: 9.27 Acres THAT PORTION OF THE NE 1/4 OF THE NORTHEAST '/4 OF THE SOUTHWEST '/4 OF SECTION 6, TOWNSHIP 22 NORTH,RANGE 5 EAST,W.M.,IN KING COUNTY,WASHINGTON,LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF PARIMARY STATE HIGHWAY NO. 5; EXCEPT THE EAST 30' FEET THEREOF CONVEYED TO KING COUNTY FOR 9PO AVE SOUTH BY DEED RECORDED UNDER RECORDING NO 665910; SITUATED IN THE CITY OF KENT,COUNTY OF KING,STATE OF WASHINGTON. Parcel 062205-9034: 1.99 Acres That portion of the southeast quarter of the southwest quarter of Section 6,Township 22 North,Range 5 East, W.M,in King County,Washington,described as follows: Beginning at a point which is north 0°42' 33"East 995 95 feet from the south quarter comer of said , Section 6, Thence north 0°42' 33"East 135 feet; Thence north 89° 53' 05"West 572.54 feet; Thence south 1°35' 05"East 135.02 feet, Thence south 890 53' 05"East 568 feet to the point of beginning,EXCEPT county road SUBJECT TO Easements,restriction and reservations of record Situate in King County, State of Washington EXHIBIT "B" Page 1 of 2 i Parcel 062205-9045: 1.69 Acres That portion of the southeast quarter of the southwest quarter of Section 6, Township 22 North, Range 5 East,W.M,in King County,Washington,described as follows: Beginning at a point which is north 0°42' 33" East 1130.89 feet from the south quarter corner of said Section,said point beginning on the north and south center line of said Section 6, Thence North 99' 53' 05"west 160 feet to the TRUE POINT OF BEGINNING, Thence North 00 42' 33"east 187.21 feet; Thence North 89' 53' 05" west 430 feet,more or less to the easterly line of Primary State Highway No 5, as conveyed to the State of Washington by Deed recorded under Recording Number 5373958; Thence southerly along said easterly line 188 feet, more or less, to a point which bears north 89' 53' 05" west from the TRUE POINT OF BEGINNING, TOGETHER WITH an easement for driveway purposes as established in document recorded under Recording Number 590405 and as modified by document recorder under Recording Number 9210081254 iSUBJECT TO Easements,restriction and reservations of record Situate in King County, State of Washington { i i ' EXHIBIT "B" Page 2 of 2 Kent City Council Meeting Date February 7, 2006 Category Consent Calendar 1. SUBJECT: MORFORD MEADOWS SOUTH REZONE ORDINANCE—ADOPT (QUASI-JUDICIAL) 2. SUMMARY STATEMENT: Council will consider adoption of an ordinance relating to land use and zoning, specifically the rezoning of four parcels totaling approximately 2.25 acres of property from Single-Family Residential, 4 5 units per acre, to Single-Family Residential, 6 units per acre The property is located at 25248 114`h Avenue SE. The Kent Hearing Examiner held a Public Hearing on January 4, 2006, and issued Findings, Conclusions, and a Recommendation for approval on January 18, 2006. There will be a brief presentation by the City Attorney and by Planning Division Staff. 3. EXHIBITS: Staff report with map; Hearing Examiner Findings, Conclusions and Recommendation and 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 ('_�va'"k seconds to adopt Ordinance No. 78 which accepts the Findings, Conclusions and Recommendation of the Hearing Examiner on the Morford Meadows South Rezone. DISCUSSION: ACTION: Council Agenda Item No. 7C L COMMUNITY DEVELOPMENT Fred N Satterstrom, Director 1 PLANNING SERVICES Charlene Anderson,A[CP,Manager KENT w.S H i H G r o N Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 KENT PLANNING SERVICES 253-856-5454 STAFF REPORT FOR HEARING EXAMINER MEETING OF DECEMBER 21, 2005 FILE NO: MORFORD MEADOWS SOUTH #RZ-2005-9 KIVA# 2052344 #SU-2005-12 KIVA# 2052584 iAPPLICANT: Paul Morford PO Box 6345 Kent, WA 98064 RE UEST: A request to rezone approximately 2.25 acres from SR 4.5 to SR 6 single family residential. Further, 1.86 acres of the subject property will be subdivided into 11 single family residential lots. Staff recommends approval of only 10 lots. An existing house and garage are proposed to be removed. STAFF REPRESENTATIVE: Damien Hooper, Planner STAFF RECOMMENDATION: Rezone: APPROVAL Subdivision: APPROVAL of 10 LOTS WITH CONDITIONS I. GENERAL INFORMATION 1 A. Description of the Proposal A request to rezone approximately 2.25 acres from SR 4.5 to SR-6 single family residential. The applicant then proposes a lot line adjustment to reduce lots 1, 2, and 3 of the original Morford Meadows Short Plat to the minimum lot size of 5,700 square feet. The east 38 feet of those lots will be incorporated into original lot 4 which is the subject of this subdivision. The newly configured lot 4 will consist of 1.86 acres proposed to be subdivided into 11 single family Staff Report Morford Meadows South #RZ-2005-9 (2052344) #SU-2005-12 (2052584) residential lots. There is an existing residence and associated garage on the site, which are proposed to be removed. The subdivision proposes to create eleven residential lots and one stormwater tract. A private street will be constructed to serve the subdivision. The subdivision will take access from 1141n Ave SE, which is City right-of-way. The proposed subdivision will also include the development of a new private street connecting to 1141n Ave SE. This new street will be 20 feet in width with an additional 5-foot wide pedestrian walkway along one side. Roadway improvements will include landscaping and street lights to augment the existing improvements along 1141n In conjunction with the request for preliminary subdivision approval, the applicant proposes to rezone the site from the current zoning of SR-4.5, Single Family Residential to SR-6, Single Family Residential. The proposed subdivision , has been configured to meet the standards of the SR-6 zoning district, although maximum density limits are exceeded and will be discussed later in this report. B. Location The subject site is located at 25248 114`h Ave SE and is identified by King County tax parcel numbers 2022059256, 9332, 9333, and 9334. C. Size of Property The subject site consists of four parcels totaling approximately 2.25 acres. D. Zoning The site is currently zoned SR-4.5, Single Family Residential. Adjacent properties in all directions are zoned SR-4.5. As of the S.D.A. Short Plat recorded in 1980, of which the subject property is , lot 2, the property was zoned R1-9.6 which required a minimum lot size of 9,500 square feet. This zoning classification became the current SR-4.5 zoning district in 1996 via Ordinance 3290. E. Land Use The City of Kent Comprehensive Land Use Map designates the site as SF-6 Single Family Residential, 6 Units per acre. The surrounding area is also designated as SF-6. Page 2 of 22 IStaff Report Morford Meadows South 1 #RZ-2005-9 (2052344) #SU-2005-12 (2052584) F. History The subject property was annexed to the City of Kent on July 27, 1976 as part of a 21.5 acre annexation (Ordinance No. 1969). On May 1, 1980 the City of Kent approved a 4-lot short plat (S.D.A. #SP-80-11) of which the subject property is lot 2. Lot 2 was further subdivided into 4 lots via the Morford Meadows Short Plat #SP-2003-23 recorded in March, 2006. The property to be rezoned is the entire Lot 2. The property to be subdivided is lot 4 of the Morford Meadows Short Plat along with the east 38 feet of lots 1, 2 and 3 of that short plat. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment The applicant's SEPA application requested both non-project (rezone) and project-specific (subdivision) analysis. A Mitigated Determination of Non- Significance (#ENV-2005-44) for the non-project rezone as well as a project- specific 11 lot subdivision was issued on November 29, 2005. No conditions were proposed for the rezone portion of the SEPA application. The proposed project portion of the checklist contemplates an 11-lot subdivision. Environmental impacts associated with the proposed subdivision development have been analyzed and conditioned in the above referenced determination. The project specific proposal is dependent upon the outcome of the rezone application. B. Significant Physical Features Topography, Wetlands and Vegetation The project site is described as rolling with maximum slopes of 12% in isolated areas. No wetlands, streams or associated buffers are located on the subject site. The eastern portion of the site is covered with field grasses, there are no significant trees located on this property. C. Significant Social Features 1. Street System The proposed development project is located within the East Hill area of the City and will take its primary access from 114th Avenue Southeast. This first public street has an existing public right-of-way width of about 60-feet, while the Page 3 of 22 Staff Report ' Morford Meadows South #RZ-2005-9 (2052344) #SU-2005-12 (2052584) asphalt street width is currently about 32-feet wide. The existing street provides for two lanes of traffic, does include the following other improvements: cement concrete curbs & gutters; stormwater drainage system; cement concrete sidewalks; it does not, however, provide for an approved street lighting system. j The existing asphalt pavement section of this portion of the street is inadequate ■ to provide an expected 20-year service life and may be in need of an asphalt overlay/rebuild in order to maintain an acceptable level of service while accommodating the increased volume of trips being generated by this proposal. 114th Avenue Southeast is classified as a Residential Street within the City's Comprehensive Plan, which will require: a minimum of 60-feet of public right-of- way; a 32-foot wide asphalt roadway with two traffic lanes, cement concrete , curbs & gutters, a 5-foot wide planter strip, and 5-foot wide cement concrete sidewalks on both sides of the street; a stormwater drainage system; a City- approved street lighting system; public utilities, and other street appurtenances when fully improved. This development is within an area that is characterized by streets with narrow traffic lanes and narrow or no shoulders, and has been identified as having substandard pedestrian facilities. This development will require off-site sidewalks/walkways to provide safe travel for school-age pedestrians to and from George Daniels Elementary School. Additional incremental, but cumulatively significant, impacts will be created to stormwater quantity, stormwater quality, stormwater detention and conveyance facilities, utility transmission facilities, sanitary sewage and domestic potable water conveyance systems. Compliance with City of Kent's 'Public Works Ordinance' and the State of Washington's Growth Management Act will require concurrent improvement -- or the execution of binding agreements by the Owner/Subdivider with the City of Kent, for participation in future public improvement projects -- of roadways, pedestrian and bicycle circulation systems, intersection and intersection traffic signals, stormwater detention, stormwater treatment, and stormwater conveyance, utility, sanitary sewage, and domestic potable water systems. As stated in the SEPA decision document, this development will cause i cumulatively significant and/or additional congestion at the intersections of 116th Avenue Southeast at Southeast 256th Street, 116th Avenue Southeast at Kent Kangley Road/SR-516, 116th Avenue Southeast at Southeast 240th Street, 104th Avenue Southeast at Kent Kangley Road/SR-516 Page 4 of 22 ' Staff Report Morford Meadows South #RZ-2005-9 (2052344) #SU-2005-12 (2052584) 2. Water System All homes within the proposed plat will be connected to the public water system provided by the City of Kent. 3. Sanitary Sewer System All homes within the proposed plat will be connected to the public sanitary sewer system provided by the City of Kent. 4. Stormwater System A stormwater system will be necessary to accommodate any subsequent development. The developer will be required to complete a drainage analysis then develop and submit drainage plans prepared in accordance ' with the 2002 City of Kent surface Water design Manual and the 1998 King County Surface Water Design Manual. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of these applications: Economic Development Manager Police Department Public Works Department Fire Department Parks & Recreation Director City Clerk City Attorney Kent School District U.S. Post Master WA State Dept. of Ecology King Co. Wastewater Treatment Puget Sound Energy King Co. Environmental Health Qwest King Co. Transit Division Muckleshoot Tribe Duwamish Tribal Services In addition to the above, all persons owning property located within 300 feet of the site were notified of the public hearing. One written comment was received from the Meucci Family. Their comments center around the rezone from SR4.5 to SR6 and the added density to an existing neighborhood. Staff has addressed the issues of density and the merits of the rezone in this application where appropriate. Page 5 of 22 Staff Report Morford Meadows South #RZ-2005-9 (2052344) #SU-2005-12 (2052584) IV. PLANNING SERVICES REVIEW A. Comprehensive Plan The City of Kent has adopted a revised Comprehensive Plan pursuant to the Growth Management Act (Ordinance #3698 — July 2004). The goals and policies of the Comprehensive Plan represent an expression of community intentions and aspirations concerning the future of Kent and the area within the potential annexation area. The Comprehensive Plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner and City departments to guide decision-making relative to development and capital facility spending. The City of Kent Comprehensive Plan is comprised of eleven elements which contain written goals and policies as well as a land use map. The proposed subdivision and rezone supports several goals and policies in the Land Use element, most notably goals LU-9 and LU-10, and policies LU 9.4 and LU 10.4. The proposed plat is located near existing urban services and infrastructure. The City supports the development of close-in vacant or underdeveloped properties which limits further urban sprawl on the edges of the planning area. In addition, in-fill development provides a more efficient means of providing services and enhancing pedestrian mobility. The net density of approximately 6.8 dwelling units per acre for the proposed Morford Meadows South preliminary plat provides an acceptable level of net density to support urban services. Also, one of the objectives of the Comprehensive Plan is to provide a wide variety of housing types and opportunities to accommodate projected population growth without converting single family lands to multifamily residential. Development of single family subdivisions on underdeveloped, single family zoned land is consistent with this objective. The proposed rezoning of the property from SR-4.5 to SR-6 is also consistent with the Comprehensive Plan map designation of SF-6. B. Zoning Code 1. Feasibility of Development If the proposed rezone from SR-4.5 to SR-6 Single Family Residential is approved, development on all lots in the proposed subdivision will be subject to Zoning Code requirements in the SR-6, Single Family Residential zoning district. All proposed lots within the subdivision will meet the minimum lot size and width requirements for the SR-6, Single Family Residential district. Page 6 of 22 Staff Report Morford Meadows South #RZ-2005-9 (2052344) #SU-2005-12 (2052584) 2. Criteria for Granting a Request for Rezone The following standards and criteria (Kent Zoning Code, Section 15.09.050) are used by the Hearing Examiner and City Council to evaluate a request for a rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria. a. The proposed rezone is consistent with the Comprehensive Plan. Planning Services Comment The Comprehensive Plan Land Use Plan Map designates the subject property as SF-6, Single Family Residential which allows up to six units per acre. A rezone of the site from SR-4.5 Single Family Residential to SR-6 Single Family Residential will allow residential development up to 6.05 units per acre, which is consistent with the Kent Comprehensive Plan. As previously discussed, the proposed rezone is also consistent with the applicable goals and policies of the Comprehensive Plan. b. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planning Services Comment The proposed rezone and subsequent single family residential development of the site would be compatible and integrate well with the existing development in the vicinity. Development in the immediate vicinity is a mix of platted subdivisions and single family homes on larger sized parcels with further development potential under SR-4.5 and SR-6 Single Family Residential designations. Although the immediate vicinity includes properties zoned SR-4.5, properties within approximately 300 feet to the northwest, north and east are zoned SR-6, and properties approximately 450 feet to the south have multifamily zoning designations. C. The proposed rezone will not unduly burden the transportation system in the vicinity of the property w1th signibcant adverse impacts which cannot be mitigated. Planning Services Comment A rezone of this property to SR-6 Single Family Residential will not generate additional trips onto the existing transportation system. However, subsequent development of a proposed 11-lot (10-lot) Page 7 of 22 Staff Report Morford Meadows South #RZ-2005-9 (2052344) #SU-2005-12 (2052584) subdivision will add a net 10 (9) PM peak hour trips to the local street system. Upon 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 curb, gutter, sidewalks, planting strips, street lighting, paving, and public stormwater conveyance. The applicant will be also be required to participate in other City transportation improvement projects by providing an environmental mitigation fee for the impacts created by development. d. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Services Comment In 2004 the City of Kent updated its Comprehensive Plan which , designates this area as SF-6 Single Family Residential. Along with the Land Use Plan Map and Policies, the plan also contains a target for the number of new households the City must accommodate for the 20-year time horizon of the plan. The GMA also states the City's development regulations must implement, and be consistent with the Comprehensive Plan. This proposal, which seeks to establish higher density single family development with smaller lot sizes while recognizing significant environmental features, is consistent with the goals and policies of the Comprehensive Plan. The current zoning of SR 4.5, or similar designation has been in place at this site for 17 years. During that time, this area of Kent's East Hill has been witness to a substantial growth in the number of residences and the commercial uses to support the residential base. All of this growth has led to a number of infrastructure improvements. These include; the 277th/272nd Street Cooridor, 116th Ave (south of Kent Kangley), 2561h Street, and upcoming 116th Ave improvements north of Kent Kangley. e. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Planning Services Comment The proposed rezone is consistent with the intent of the Comprehensive Plan. Subsequent development on the site will have to meet applicable codes and regulations, including mitigation of anticipated environmental impacts. Therefore, the rezone proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Page 8 of 22 IStaff Report Morford Meadows South 1 #RZ-2005-9 (2052344) #SU-2005-12 (2052584) C. Standards for Granting_a Subdivision The purpose of the City of Kent Subdivision Code is to provide rules, regulations, requirements, standards and procedures for subdividing land in the City of Kent, ensuring that the highest feasible quality in subdivisions will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be promoted; that proper provisions for all public facilities, including connectivity, circulation, utilities, and services shall be made; that maximum advantage of site characteristics shall be taken into consideration; and that the process shall be in conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan (KCC 12.04.015). The procedures regulating subdivisions are established to ensure quality development which promotes orderly and efficient growth, the conservation and proper use of land; protects the public health, safety, general welfare, and aesthetics of the city; makes adequate provisions for public facilities in conformance with provisions set forth in KCC Title 15, Zoning, and the Kent Comprehensive Plan; and complies with the provisions of this chapter and Chapter 58.17 RCW (KCC 12.04.600). No subdivision shall be approved unless the following principles of acceptability are met; the subdivision shall: 1. Create legal building sites which comply with all provisions of KCC Title 15, Zoning, and health regulations; 2. Establish access to a public road for each segregated parcel; 3. Have suitable physical characteristics; a proposed plat may be denied because of flood, inundation or wetland conditions; slope, sod stability and/or capabilities; or the construction of protective improvements may be required as a condition of approval; 4. If adjacent to another municipality or King County, take into consideration the subdivision standards of that jurisdiction as well as the requirements of this chapter; 5. Make adequate provision for stormwater detention, drainageways, water supplies, sanitary wastes, and other public utilities and services, as deemed necessary; Page 9 of 22 Staff Report Morford Meadows South #RZ-2005-9 (2052344) #SU-2005-12 (2052584) 6. Make adequate provision for the connectivity of streets, alleys, pedestrian accessways and other public ways (KCC 12.04.635). As evidenced by the General Information in Section I. and the following responses to the criteria for approving subdivisions, the proposal is in general conformance with the Kent Subdivision Code, although only 10 lots may be approved. Furthermore, Section 12.04.685 of the Kent Subdivision Code indicates that a subdivision shall not be approved unless the City finds that: 1. Appropriate provisions have been made for: a. The public health, safety and general welfare of the community; As proposed, the plat is inconsistent with the Comprehensive Plan designation of SF-6. The proposed density is inconsistent, and lot dimensions are consistent with the SR-6 zoning district, as proposed through this application. Kent City Code provides for a maximum density, allowing for a minimum lot area which encourages achieving the maximum density. The Morford Meadows Short Plat included 2.25 acres. The maximum density allowed is 6.05 dwelling units times 2.25 acres which equals 13 lots. Although the applicant may create minimum lot sizes of 5,700 square feet, it cannot be done at the expense of the maximum allowable density. b. Protection of environmentally sensitive lands and habitat; An environmental checklist was submitted and reviewed by the City which identified environmental impacts associated with this rezone and subdivision proposal. No environmentally sensitive lands or habitats were identified on the site. C. Open spaces; Provisions for open space will be made through payment of a fee in lieu of dedication of on-site open space as discussed in section d. below. d. Community parks and recreation; To mitigate the impacts of this proposal on parks and recreation, the applicant will be required to pay a fee in lieu of dedication of land pursuant to KCC 12.04.780. The fee in lieu of a dedication Page 10 of 22 Staff Report Morford Meadows South I #RZ-2005-9 (2052344) #SU-2005-12 (2052584) of five percent for open space parkland is estimated at $6,000 based on 2005 tax assessment records from the King County Assessors office. e. Neighborhood tot lots and play areas; Provisions for these areas will be accomplished by the fee paid under section d. above. f. Schools and school grounds; The subject property lies within the Kent School District. Pursuant to KCC 12.13.160, a school impact fee will be assessed in association with the subdivision of land. The impact fee will be assessed and collected for each individual lot at the time of construction permit issuance and will be based upon the adopted impact fee at that time. g. Drainageways; Each individual residence will be required to provide on-site I infiltration as well as an overflow connection to an approved conveyance system. ' h. Stormwater Detention; An on-sit public detention(retention stormwater pond system in accordance with Kent Construction Standards will be required to mitigate for potential impacts to both stormwater runoff quantity and quality. ' The City of Kent Public Works Department has reviewed the incremental increase in impervious area and determined the proposed stormwater system to be adequate. i. Connective of sidewalks, , pedestrian pathways, traffic calming features and devices, and other planning features that assure safe walking conditions within and between subdivisions for residents and students who walk to and from schools, parks, transit stops and other neighborhood services; Sidewalks were constructed as part of the development of the ' Morford Meadows short plat in 2004 along the 114`h Ave frontage of the site. The applicant will be required to provide a 5-foot walkway from the interior to the plat to the existing sidewalk on Page 11 of 22 Staff Report Morford Meadows South , #RZ-2005-9 (2052344) #SU-2005-12 (2052584) 114th. Additionally, there is another plat to the north of this site ' that will be providing pedestrian connections to 1091h Avenue and SE 2481h Street. I. Connectivity of streets or roads, alleys, pedestrian accessways, and other public ways within and between subdivisions and neighborhoods; As an infill development, there are no additional possibilities to connect roadways to undeveloped properties or existing open/unopen rights-of-way. k. Transit stops; Mass transit service is provided at this site by King County METRO. The bus stop would be located on 256th Street , approximately 'Amile south. I. Potable water supplies; All homes within the proposed plat will be connected to water service provided by the City of Kent. , M. Sanitary wastes; All homes within the proposed plat will be connected to sanitary sewer service provided by the City of Kent. n. Other public utilities and services, as deemed necessary: Power and natural gas lines will be installed during plat ' construction. Garbage service will be established by the individual residents. Mailbox clusters shall be installed to serve future residents of the proposed lots. 2. The city has considered all other relevant facts; and determined that the proposed plat will be in conformance with all of the criteria listed above. 3. The public use and interest will be served by the platting of such subdivision and dedication. , 4. The City has considered the physical characteristics of the proposed subdivision site and may deny a proposed plat because of flood, inundation, or wetland conditions; slope, or soil stability and/or capabilities. Construction of protective improvements may be required Page 12 of 22 ' Staff Report Morford Meadows South ' #RZ-2005-9 (2052344) #SU-2005-12 (2052584) ' as a condition of approval, and such improvements shall be noted on the final plat. ' D. Consistency Analysis The proposed rezone and subdivision are consistent with the goals and policies ' of the City of Kent Comprehensive Plan. 1. Type of Land Use Allowed The development of single family home sites is a principally permitted use on land zoned SR-6, Single Family Residential. ' 2. Level of Development Allowed ' As proposed, the subdivision of approximately 1.86 acres into 11 building sites is not consistent with the designated Comprehensive Plan designation of SF-6 Single Family/6 units per acre and with the zoning ' designation of SR-6 (pending the outcome of RZ-2005-9). The lot area must be combined with the original Morford Meadows Short Plat area to ascertain compliance with maximum density provisions. With the approval of only 10 lots on the subject property, the subdivision would be consistent with both the Comprehensive Plan and Zoning map designations. ' 3. Adequacy of Infrastructure ' The proposed subdivision will place increased demands on existing transportation, water and sanitary sewer systems in the general vicinity. The project will also result in a significant net increase of impervious ' surface area among the two parcels involved. When fully developed, the impact of 10 (9) new homes being occupied will result in an estimated 9 (8) daily and 9 (8) new PM peak hour trips to the local street system. The effects on the domestic water supply, sanitary sewer service, stormwater run-off, conveyance, storage, treatment and discharge and transportation impacts have been analyzed through the SEPA process and the associated MDNS. ' 4. Characteristics of the Proposed Subdivision The proposed subdivision, as presented, appears to be in general ' conformance with the Kent City Code with respect to the required minimum lot area, minimum lot width and access to a public right-of- way. ' Page 13 of 22 Staff Report ' Morford Meadows South #RZ-2005-9 (2052344) #SU-2005-12 (2052584) E. Proposed Findings , Planning Services has reviewed these applications in relation to the ' Comprehensive Plan, zoning, land use, street system, flood control problems and comments from other departments and finds that: 1. The Kent Comprehensive Plan Land Use Map designates this site SF-6, Single Family Residential, 6 units per acre maximum density. 2. The site is currently zoned, SR-4.5, Single Family Residential. If RZ- 2005-9 is approved, this site will be zoned SR-6, Single Family Residential. Under the SR-6 zoning, the site will be subject to the , development standards which include 5,700 square foot minimum lot size and 50 foot minimum lot width. The property is subject to the maximum density provisions utilizing the area of the original short plat. , Therefore, the subject property may be subdivided into only 10 lots. 3. Land uses in the vicinity are varying density single family residential. t 4. A Tentative Plat meeting was held for the proposed subdivision on April 5, 2005 (TSU-2005-3). ' 5. A Mitigated Determination of Non-Significance was issued for the proposed rezone and plat on November 29, 2005 (#ENV-2005-44). ' 6. There are no significant trees of six inch or greater caliper located on the property. , 7. The site has access to 114th Ave. 8. The subject property will receive water service from the City of Kent. ' 9. The subject property will receive sewer service from the City of Kent. , V. CITY STAFF RECOMMENDATIONS 1. ZONING MAP AMENDMENT (#RZ-2005-9) 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 Morford Meadows South rezone. Page 14 of 22 ' Staff Report Morford Meadows South ' #RZ-2005-9 (2052344) #SU-2005-12 (2052584) ' 2. PRELIMINARY SUBDIVISION (#SU-2005-12) Based on the merits of this request and the code criteria for granting a preliminary subdivision, staff recommends APPROVAL of 10 lots in the proposed Morford Meadows South preliminary plat subject to the following conditions: A. GENERAL CONDITION OF APPROVAL 1. Approval of this subdivision as proposed is conditioned upon Kent City Council approval of the associated proposed rezone of the subject parcel from SR-4.5 to SR-6; file number RZ-2005-9. 2. Approval is for a maximum of 10 lots. ' B. PRIOR TO RECORDING THIS SUBDIVISION: ' 1. The Owner/Subdivider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or prior to recording this ' plat, whichever comes first. 2. The Owner/Subdivider shall provide Public Works with a digital ' plat map prepared with a CAD program. The digital information can be formatted in either *.DWG (AutoCad) or *.DXF (Drawing Exchange File), but must be based upon State Plane ' coordinates: an assumed coordinate system is not permitted. The State Plane Coordinates shall be on the NAD 83/91 datum and relate to at least two City of Kent reference points within one half mile of the subdivision. In addition, the project shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional permanent benchmarks shall be established within the prolect. The elevations of these benchmarks will be reported at the time as-built drawings are submitted along with field notes sufficient to verify their ' accuracy. 3. The Owner/Subdivider shall submit and receive City approval of ' engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: ' a. A public gravity sanitary sewer system to serve all lots. The public sanitary sewer system shall be extended from the ' existing public sanitary sewer system and shall be sized to serve all off-site properties within the same service area; in addition, the sanitary sewer system shall be extended across the entire ' Page 15 of 22 Staff Report Morford Meadows South #RZ-2005-9 (2052344) , #SU-2005-12 (2052584) subdivision as needed to serve adjacent properties within the ' same service area, unless otherwise determined by the sanitary sewer purveyor. The septic system serving the existing home(s) within the proposed subdivision — if any — shall be abandoned in accordance with King County Health Department Regulations. ' b. A public water system meeting domestic and fire flow requirements for all lots. ' The public water system shall be sized to serve all off-site properties within the same service area shall be extended across ' the entire subdivision as needed to serve adjacent properties within the same service area, unless otherwise determined by the water purveyor. , Existing wells — if any — shall be abandoned in accordance with the requirements of the Department of Ecology. , C. A stormwater system. The Engineering Plans must meet the minimum requirements of the City of Kent Construction ' Standards and 2002 City of Kent Surface Water Design Manual (KSWDM). Initial guidance for the Engineering Plans are given below (See Chapter 2 of KSWDM for detailed submittal ' requirements): (1) The Engineering Plans will include at a minimum: Site ' improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other related improvements. The engineering plans , shall include a technical information report (TIR) which contains all the technical information and analysis to develop the site improvement plans. , (2) An erosion and sedimentation control (ESC) plan shall be included with the engineering plans. The ESC shall meet , the requirements of the City of Kent Construction Standards, and the 2002 City of Kent Surface Water Design Manual. These plans must reflect the Detailed , Grading Plan discussed below, and the Planning Department approved Detailed Tree Plan (3) The retention/detention and release standard that will be ' met by the subdivision is Level Two. The water quality Page 16 of 22 , ' Staff Report Morford Meadows South #RZ-2005-9 (2052344) #SU-2005-12 (2052584) ' menu that will be met by the subdivision is the Resource Stream Protection Menu. (4) The site improvement plans and technical information report will contain drainage calculations and a drawing of the retention/detention pond tract at an appropriate engineering scale to show that the proposed on-site or off-site retention/detention tract is large enough to contain the required minimum stormwater storage volume ' and water quality facility. The site improvement plans will also show that all required stormwater management facilities will be outside of delineated wetlands and their buffers, as well as outside of creeks and rivers and their buffers. ' (5) A Level Two downstream analysis is required for this development, and it will include an analysis for capacity, erosion potential, and water quality. Refer to the ' requirements of Technical Information Reports in Section 3: "Offsite Analysis", of the 2002 City of Kent Surface Water Design Manual for the specific information required 1 for downstream analyses. (6) Roof downspouts for each roofed structure (house, garage, carport, etc.) shall be directed to a Roof Downspout Infiltration System meeting the requirements of Section C.2, flow Control BMP's , in Appendix C to the King County Surface Water Design Manual. These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved dispersion system. The Drainage Plans will include an approved detail for the Roof Downspout Infiltration System. The face of the recorded plat shall contain the ' following restriction: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE APPROVED PLANS (7) If determined necessary by the Public Works Department following review and approval of the required downstream analysis, the Owner/Subdivider shall provide ' public drainage easements meeting the requirements of the City of Kent Construction Standards for the specified ' Page 17 of 22 Staff Report ' Morford Meadows South #RZ-2005-9 (2052344) ' #SU-2005-12 (2052584) downstream reach where adequate public drainage ' easements do not currently exist. (8) The Owner/Subdivider shall submit Landscape Plans for , within and surrounding the retention/detention facility to the Planning Department and to the Department of Public Works for concurrent review and approval prior to, or in ' conjunction with, the approval of the Engineering Plans. These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, ' and the stormwater management landscaping requirements contained within the 1998 King County Surface Water Design Manual. Landscape Plans are ' required to show adjacent Street Trees so that the City arbonst can assess potential adverse stress upon all types of vegetation. , (9) The Owner/Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the ' private portions of the drainage system prepared by the Property Management Section of the Department of Public Works. See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant, to the 2002 City of Kent Surface Water Design Manual for information on what is contained within this document. ' d. A Detailed Grading Plan for the entire subdivision meeting the requirements of the Uniform Building Code, the City of Kent ' Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits& Grading Plans. Initial guidance for these plans is given below: (1) These plans will include provisions for utilities, roadways, retention/detention ponds, stormwater treatment ' facilities, and a building footpad for each lot. (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Budding Permits. (3) These plans will use a 2-foot maximum contour interval, and every fifth contour line will be darker in conformance to standard drafting practice. ' Page 18 of 22 ' Staff Report Morford Meadows South ' #RZ-2005-9 (2052344) #SU-2005-12 (2052584) e. Street Improvement Plans for 114'h Avenue Southeast. These Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards. and Gty of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements, and # 6-8, Street Improvement Plans, for a street designated as a Residential Street within the City of Kent Comprehensive Plan. Initial guidance for the necessary interim street improvements is given below: (1) A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy; all electrical and maintenance bills shall be paid for by the Home Owner's Association created for this subdivision. (2) Street Trees installed behind the existing cement concrete sidewalk. These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. ' f. Street Improvement Plans for the new Private Residential Street connected to 114th Avenue Southeast and terminating with a permanent cul-de-sac bulb, or approved turnaround at or near its easterly terminus. The Street Improvement Plans for this street shall be designed in conformance with the requirements for a Private Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a private street at least 22-feet wide. Initial guidance for these street improvements is given below: ' (1) A minimum of 20-feet of Hot Mix Asphalt (HMA) pavement, measured from edge of pavement to edge of pavement, or from face of curb to face of curb, except where additional pavement is required by the Fire Marshal for emergency vehicle access. ' (2) A 5-foot wide paved walkway constructed along one side of the street. ' (3) An approved cul-de-sac, or approved turnaround at its east terminus. The minimum inside curb return radius ' Page 19 of 22 Staff Report ' Morford Meadows South #RZ-2005-9 (2052344) #SU-2005-12 (2052584) shall be 30-feet, and the minimum outside radius shall be 50-feet. (4) A private stormwater drainage system, including , provisions for conveyance, detention, and treatment facilities where applicable. (5) Unless additional HMA pavement width is provided for parking, all minimum width private streets serving more than two lots shall have pavement markings and traffic , signs installed which clearly designate these private streets as Fire Lanes, where no parking will be permitted. (6) The private street, including sidewalks must be centered , within a private roadway tract or easement that is at least 1-foot wider than the total width of the private street and , sidewalk combination. (7) This private street will connect to 114th Avenue Southeast ' via the installation of a Commercial Driveway Approach meeting the requirements of Standard Detail 6-5(b), and an inside design radius of 30-feet. ' g. Street Improvement Plans for the new north-south Private Residential Streets connected to the west-east Private Residential , Street. The Street Improvement Plans for this street shall be designed in conformance with the requirements for a Private Residential Street as required by City of Kent Construction , Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement ' Plans for a private street at least 20-feet wide. Initial guidance for these street improvements is given below: (1) Where no parking will be permitted along either side of , the street: A minimum of 20-feet of Hot Mix Asphalt (HMA) pavement, measured from edge of pavement to edge of pavement, or from face of vertical curb to face of vertical curb, except where additional pavement is required by the Fire Marshal for emergency vehicle , access. (2) An approved cul-de-sac, or approved turnaround at each , terminus, unless waived in writing by the Fire Marshal. Page 20 of 22 , Staff Report Morford Meadows South ' #RZ-2005-9 (2052344) #SU-2005-12 (2052584) I The minimum inside curb return radius shall be 30-feet, and the minimum outside radius shall be 50-feet. (3) This private street will connect to 114`h Avenue Southeast via the installation of a Commercial Driveway Approach meeting the requirements of Standard Detail 6-5(b), and an inside design radius of 30-feet. (4) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable. (5) Unless additional HMA pavement width is provided for parking, all minimum width private streets shall have red curbs and 18 inch high white NO PARKING FIRE LANE pavement markings and NO PARKING FIRE LANE traffic signs installed to designate these private streets as a Fire Lanes, where no parking will be permitted. (6) The private street, including sidewalks must be centered within a private roadway tract or easement that is at least 1-foot wider than the total paved width of the private residential street. h. Street Light Plans for 114`h Avenue Southeast meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-1, Street Lighting Requirements jL Mailbox clusters installed at locations and per standards of U.S. Postmaster and Public Works Department. S4. The Owner/Subdivider shall create a Homeowner's Association for this subdivision to ensure that the property owners within this subdivision are advised of their requirement to pay for the provided street lighting system. Those sections of the required document written to govern that association as they relate to any IntoLight Division of Puget Sound Energy street lighting systems, shall be reviewed and approved by the Department of Public Works, prior to the recording these documents. 5. The face of the final plat will clearly identify the private streets and which Lots and Tracts will be served by those private streets. The face of the final plat will also specify that the maintenance of these private streets is the sole responsibility of the property owners who are served by those private streets. ' Page 21 of 22 i Staff Report , Morford Meadows South #RZ-2005-9 (2052344) ' #SU-2005-12 (2052584) 6. The Owner/Subdivider shall deed all public rights-of-way, and otherwise , convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development. 7. The Owner/Subdivider shall submit and receive approval for a Detailed Tree Plan, meeting the requirements of the Kent Zoning Code, and City ' of Kent Development Assistance Brochure #3, Detailed Tree Plans, prior to the issuance of any Construction Permits for the subdivision. Grading Plans cannot be approved by the Department of Public Works without an approved Detailed Tree Plan. Detailed Tree Plans are not to be confused with required Street Tree Plans, which have an entirely different purpose. 8. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-1, As-Budd Drawings, for: , Streets; Street Lighting System; Water; Sewer; Stormwater Drainage Facilities; and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works. 9. The Owner/Subdivider shall submit for review and approval by the City of Kent and obtain necessary permits to relocate or remove existing structures in conformance with Kent City Code. B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS ' SUBDIVISION, THE OWNER/SUBDIVIDER SHALL: 1. Record the Plat. ' 2. Pay the Environmental Mitigation Fee for that lot. 3. Construct all of the improvements required above. , 4. Submit and receive City approval for As-Built Drawings meeting the requirements of City of Kent Development Assistance Brochure #E-1, As- Budd Drawings, for street improvements, stormwater management system, street lighting system, and other off-site improvements where determined necessary by the City. KENT PLANNING SERVICES , December 14, 2005 DH:ch.S:\Perm it\Plan\longplats\2005\2052584stfrpt.doc Page 22 of 22 , rv� j F _ III � d , -- ------------- CIO � -- -�- - _ - S-A ' S dry/ � x cri 4 � t' f u � e OFFICE OF THE LAND USE HEARING EXAMINER Theodore P Hunter ' Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO- MORFORD MEADOWS SOUTH #RZ-2005-9 KIVA #RPP4-2052344 APPLICANT: Paul Morford PO Box 6345 Kent, WA 98064 REQUEST- A zoning map amendment to rezone four parcels' ' totaling approximately 2 25 acres from SR-4 5 (Single- Family Residential, maximum density 4 53 dwelling units per acre) to SR-6 (Single-Family Residential, maximum density 6 05 dwelling units per acre) LOCATION- 25248 114th Avenue SE APPLICATION FILED- June 7, 2005 DETERMINATION OF ' NONSIGNIFICANCE ISSUED- November 29, 2005 MEETING DATE January 4, 2006 RECOMMENDATION ISSUED- January 18, 2006 RECOMMENDATION APPROVED STAFF REPRESENTATIVE- Kurt Hanson, Planning Services PUBLIC TESTIMONY Paul Morford, applicant EXHIBITS: 1. Staff Report dated December 21, 2005, with Vicinity and Site Map and the following attachments, A. Rezone Application filed June 7, 2005, with responses to criteria, legal description, and map of ' Morford Meadows Short Plat B. Correspondence, including letter from Meucci family dated November 28, 2005 King County Tax Parcel Numbers 202205-9256, -9332, -9333, and -9334 Exhibit f, Staff Report, page 2 Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Morford Meadows South #RZ-2005-9 KIVA #2052344 Page 1 of 6 C Department Routing Forms, with comments from ' Lori Flemm, Parks Department D Public Notice Documents, including Affidavits and ' Mailing List E Notice of Completeness and Notice of Application Documents, including Affidavits F. SEPA Mitigated Determination of Non-Significance dated November 29, 2005, with Environmental Checklist Based upon the testimony and evidence admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions FINDINGS 1. The Applicant requested a zoning map amendment to rezone four parcels2 totaling approximately 2 25 acres from SR-4 5 (Single-Family Residential, maximum density 4 53 dwelling units per acre) to SR-6 (Single-Family Residential, maximum density 6 05 dwelling units per acre) The subject property is Lots 1, 2, 3, and 4 of City of Kent Short Plat No FSP 2004-23 (Morford Meadows Short Plat), recorded March 9, 2005 under recording number 20050307900002 The property address is 25248 110 Avenue SE, Kent, Washington Exhibit 1, Staff Report, pages 1-2; Exhibit 1, Attachment A , 2. The Applicant submitted plans for an 11-lot subdivision of 1 86 acres of the subject property along with the request for a rezone Although normally the hearing on the , subdivision would be consolidated with the hearing on the rezone, in this case the Applicant requested that the Hearing Examiner proceed with the rezone only No open record hearing has been held on the subdivision application Exhibit 1, Staff Report, page 1, Testimony of Mr Hanson 3. The subject property was annexed to the City of Kent on July 27, 1976 as part of a 21 5- acre annexation (Ordinance No 1969) On May 1, 1980, the City of Kent approved a four-lot short plat (S D A Short Plat, No SP-80-11) involving the subject property At that time the property was zoned R1-9 6 The R1-9 6 classification became the current SR-4 5 zoning in 1996 through Ordinance No. 3290 Exhibit 1, Staff Report, pages 2-3 4 The subject property and all adjacent properties are zoned SR-4 5 There are parcels zoned SR-6 within 300 feet to the northwest, north, and east of the subject property, and parcels zoned for multifamily development approximately 450 feet south of the subject property Exhibit 1, Staff Report, pages 2 and 7. 5. Surrounding development is characterized by single-family residences on both platted lots and on larger parcels with further development potential. Exhibit 1, Staff Report, page 7. 2 King County Tax Parcel Numbers 202205-9256, -9332, -9333, and -9334 Exhibit 1, Staff Report, page 2 Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Morford Meadows South #RZ-2005-9 KIVA 92052344 Page 2 of 6 1 i 6. The proposed rezone would not result in the establishment of land uses that are incompatible with the character of surrounding properties Both the SR-4 5 and SR-6 zones are intended for single-family residential development The Applicant proposes to develop the site in a manner that is generally consistent with the surrounding residential land uses Exhibit 1, Staff Report, page 7 f7. The City of Kent Comprehensive Plan Land Use Map designates the subject property and all surrounding properties as Single Family Residential, six dwelling units per acre I (SF-6). The zoning designation of SR-6 is allowed within the SF-6 Comprehensive Plan designation Although the existing SR-4 5 zoning designation is also compatible with the SF-6 Comprehensive Plan designation, the City Planner submitted that the SR-6 zoning 1 designation is appropriate for the subject property Exhibit 1, Staff Report, pages 2 and 7, City of Kent Comprehensive Plan, Land Use Element — Land Use Map, Table 4 1; Testimony of Mr Hanson ' 8. The City of Kent Comprehensive Plan contains the following goals and policies that are relevant to the rezone application Goal LU-9• Provide adequate land and densities to accommodate the adopted 20 year housing target of 4,284 new dwelling units within existing city limits Policy LU-9 4 Locate housing opportunities with a variety of densities within close proximity to employment, shopping, transit, and where possible, near human and community services ' Goal LU-10 Provide opportunities for a variety of housing types, options, and densities throughout the City to meet the housing needs of the Region's changing demographics Policy LU-10 4 Allow single family housing on a variety of lot sizes Locate smaller lot sizes within close proximity to the Urban Center or Activity Centers wherever possible IThe proposed rezone supports these goals and policies in that the subject property is served by existing urban services and infrastructure, and the density allowed by the 1 rezone would accommodate additional households pursuant to the 20-year time horizon provided for in the Comprehensive Plan without converting single-family residential lands to multifamily residential lands Exhibit 1, Staff Report, page 6 9. Circumstances have changed in the seventeen years since the City adopted the present zoning of the site (the former R1-9 6 and current SR-4 5 zoning designations are comparable) The changed circumstances include significant residential and commercial growth in the area of Kent's East Hill, and transportation improvements to roadways that would be affected by future development of the subject property, including SE 256th Street, 116"Avenue, and the SE 272/277th Street Corridor. The City has plans to further improve 116th Avenue on the north side of Kent Kangley Road Exhibit 1, Staff Report, page 8 Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Morford Meadows South #RZ-2005-9 KIVA #2052344 Page 3 of 6 10 The Applicant proposes future subdivision of the subject property Based on the gross , acreage of the subject property (2 25 acres), the maximum number of dwelling units that could be developed under current SR-4 5 zoning is 10, and the maximum number of dwelling units that could be developed under the proposed SR-6 zoning is 13 Exhibit 1, Staff Report, page 10 11. The proposed rezone, in and of itself, would not add traffic to the local street system. t The traffic impact of future development of the subject property would be mitigated through frontage improvements, including curb, gutter, sidewalk, planting strip, street lighting, paving, and storm drainage facilities, and payment of an environmental mitigation fee Exhibit 1, Staff Report, page 8, Exhibit 1, Attachment F 12 One public comment letter was received from a family objecting to the proposed rezone. The objection was based on the inconsistency between SR-6 lot sizes and the lot sizes in the immediate vicinity, which are approximately 10,000 square feet, and the potential , for overcrowding Exhibit 1, Attachment B 13 Pursuant to the State Environmental Policy Act (SEPA), the City of Kent acted as lead agency for review of environmental impacts caused by the proposal The City issued a Mitigated Determination of Nonsignificance (MDNS) for the rezone and associated preliminary plat application on November 29, 2005 The MDNS contains two conditions requiring traffic mitigation and the construction of a pedestrian walkway These conditions relate to the preliminary plat application but not the rezone The MDNS was not appealed Exhibit 1, Staff Report, page 3; Exhibit 1, Attachment F. 14 Notice of the open record hearing was posted on the property, mailed to properties ' within 300 feet of the site, and published in King County Journal in accordance with City ordinances Exhibit 1, Attachment D 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) of the Kent Zoning Code sets forth the standards and criteria the Hearing Examiner must use to evaluate a request for a rezone A request for a rezone shall only be , granted if a. The proposed rezone is consistent with the Comprehensive Plan; b. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity; Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Morford Meadows South #RZ-2005-9 KIVA #2052344 Page 4 of 6 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, e. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent Conclusions based on Findings 1. The proposed rezone is consistent with the Comprehensive Plan. The Comprehensive Plan designates the subject property and all surrounding properties as SF-6 The additional density allowed by the rezone would support the policies of the Comprehensive Plan Findings Nos 7 and 8 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Existing and authorized land uses in the vicinity of the site are single-family and some multi-family residential The uses immediately adjacent to the site are single-family residential The future use of the subject property, with the rezone, would be single-family residential The allowed density would only be slightly higher than under current zoning Future development of the subject property would require mitigation of off-site impacts Findings Nos 4, 5, 6, 10, 11, and 13 ' 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. The rezone itself would not generate any traffic Traffic associated with subsequent development of the site would be mitigated through the conditions of the MDNS and the conditions of preliminary plat approval Finding Nos 11 and 13 4. Circumstances have changed substantially since the establishment of the current zoning district. In considering a rezone, the Applicant has the burden of proof in demonstrating that conditions have substantially changed since the original zoning and that the rezone bears a substantial relationship to the public health, safety, morals, or general welfare Parkridge v Seattle, 89 Win 2d 454, 573 P 2d 359 (1978) A variety of factors may be utilized to satisfy a change in circumstances including changes in public opinion, local land use patterns, and changes on the property itself Bjarnson v Kitsap County, 78 Win App 840, 846, 899 P 2d 1290 (Div 1, 1995) The proposed rezone is supported by significant changes in the level of surrounding residential and commercial development and by improvements to the local transportation system Finding No 9 5. The proposed rezone would not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Allowed land uses under both the current and proposed zoning designations are exclusively residential No adverse impacts were identified during the environmental review process that cannot be mitigated The MDNS and conditions of permit approval would address impacts associated with future development of the site Findings of Fact Nos. 4, 6, 11, and 13. Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Morford Meadows South #RZ-2005-9 KIVA #2052344 Page 5 of 6 RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that t the application for a rezone of Lots 1, 2, 3, and 4 of City of Kent Short Plat No FSP 2004-23 (King County Tax Parcel Numbers 202205-9256, -9332, -9333, and -9334) from SR-4 5 to SR-6 be APPROVED DATED this 18th day of January 2006 THEODORE PAUL HUNTER Hearing Examiner ch S 1PermitlPlanlrezone1200512052344-2005-9findings doc 1 Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Morford Meadows South #RZ-2005-9 KIVA #2052344 Page 6 of 6 1 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 2.25 acres of i property located at 25248 114th Avenue Southeast from SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Morford Meadows South, #RZ-2005-9) 1 RECITALS A. An application was filed on June 7, 2005, by Paul Morford, to rezone approximately 2.25 acres of property located at 25248 114th Avenue Southeast, in Kent, Washington, from the current zoning of SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Morford Meadows, #RZ-2005-9). B. The City's SEPA responsible official issued a Determination of Nonsignificance (DNS) (#ENV-2005-44) for the proposed rezone on November 29, 2005. C. A public hearing on the rezone was held before the hearing examiner 1 on January 4, 2006. On January 18, 2006, the hearing examiner issued findings and conclusions that the Morford Meadows 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 1 will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts that cannot be mitigated; that circumstances have 1 Morford Meadows Rezone 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 Morford Meadows Rezone. t E. On February 7, 2006, the City Council determined that the hearing examiner's findings and conclusions are consistent with sections 15.09.050(A)(3) and 15.09.050(C) of the Kent City Code, accepted the findings of the hearing examiner, and adopted the hearing examiner's recommendation for approval of the Morford Meadows Rezone from SR-4.5 to SR-6. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, — Rezone. The property located at 1141h Avenue Southeast, Kent, Washington consisting of approximately 2.25 acres depicted in Exhibit "A" (marked "Vicinity Map' , attached and incorporated by this reference, and legally described in Exhibit "B", attached and incorporated by this reference, is rezoned from SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). The City of Kent zoning map shall be amended to reflect the rezone granted above. , SECTION 2. — Severabilitv. 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. i 2 Morford Meadows Rezone t l l SECTION3, —Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage as provided by law. l 1 SUZETTE COOKE, MAYOR ATTEST: 1 BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: 1 TOM BRUBAKER, CITY ATTORNEY PASSED: day of February, 2006. APPROVED: day of February, 2006. PUBLISHED: day of February, 2006. 1 I hereby certify that this is a true copy of Ordinance No. rpassed 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) BRENDA JACOBER, CITY CLERK P\Civil\ORDINANCE\R¢mn Morf rdMe dows dm 3 Morford Meadows Rezone a�`Nxur � d � re„nar^� / ��•,�i�� i �� y a .�..•..�..,.� � � i — I Y rya �� .�.r..a� cnr�w—-��{'i�'`'nY^n^ of A � i _ �I `: i 55 1 N'IxF i� �` t b EXHIBIT "A" EXHIBIT"B" , TAX I.D. NOS. 202205-9332, 202205-9333, 202205-9334, AND 202205-9256 LOTS 11 21 3 AND 4 OF CITY OF KENT SHORT PLAT NO. FSP 2004-23 MORFORD MEADOWS RECORDING NO. 20050307900002 BEING A PORTINO OF SE 1/4 OF SE 1/4 STR 20-22-05 Kent City Council Meeting Date February 7, 2006 Category Bids 1. SUBJECT: LID 353 — S. 228TH ST. CORRIDOR RIVERVIEW BOULEVARD OVERPASS 2. SUMMARY STATEMENT: The bid opening for this project was held on I January 19, 2006, with seven bids received The low bid was submitted by Rodarte Construction, Inc in the amount of$1,630,023 50. The Engineer's estimate was $1,621,504.44. 3. EXHIBITS: Public Works Director's m/ranndum 4. RECOMMENDED BY: Public Works Di (Committee, Staff, Examiner, Commissi 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 authorize the Mayor to enter into an agreement with Rodarte Construction, Inc. for the LID 353 - S 228th Street Corridor Riverview Boulevard Overpass project in the amount of$1,630,023.50. DISCUSSION: —y ACTION: Council Agenda Item No 8A ! PUBLIC WORKS DEPARTMENT Larry R Blanchard Public Works Director • Address 220 Fourth Avenue S K EN T Kent, WA 98032-5895 W A S H N G T O N Phone 253-856-5500 Fax 253-856-6500 DATE- February 7, 2006 TO: Mayor Cooke and Kent City Council FROM: Larry Blanchard, Public Works Director RE- S. 2281h Street Corridor Riverview Boulevard Overpass—LID 353 t Bid opening for this project was held on January 19, 2006 with seven bids received. The low bid was submitted by Rodarte Construction,lnc . to the amount of $1,630,023 50 The Engineer's estimate was $1,621,504.44 The Public Works Director recommends awarding this contract to Rodarte Construction, Inc. Bid Summary Rodarte Construction, Inc. $1,630,023 50 Guy F Atkinson Construction, LLC $1,692,638 00 Mowat Construction Co. $1,735,045 00 Advanced Construction, Inc. $1,862,285 00 Construct Co. $1,899,315 64 Pacific Road& Bridge Co. $1,962,994 00 C. A. 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COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PARKS AND HUMAN SERVICES COMMITTEE G. ADMINISTRATIVE REPORTS REPORTS FROM SPECIAL COMMITTEES r r KENT w^s H I N OTO N OPERATIONS COMMITTEE MINUTES DECEMBER 6 2005 Committee Members Present: Chair Tim Clark, Debbie Ranniger, and Debbie Raplee ' The meeting was called to order by Tim Clark, Chair at 4:05 p.m. 1. APPROVAL OF MINUTES DATED NOVEMBER 15, 2005 Deborah Ranniger moved to approve the minutes of the November 15, 2005, Operation Committee meeting. Debbie Raplee seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED NOVEMBER 30, 2005 Finance Manager Bob Nachlinger presented the vouchers for November 30, 2005, for approval. Debbie Raplee moved to approve the vouchers dated November 30, 2005. Deborah Ranniger seconded the motion, which passed 3-0. 3. PROPERTY TAX INCREASE ORDINANCE Finance Director Bob Nachlinger presented the Property Tax Increase Ordinance. Mr. Nachlinger advised that state law requires a separate ordinance or resolution in order to authorize any increase in property tax. This ordinance authorizes a 1% increase in the property tax levy for the 2006 budget. This adjustment is in addition to any increases resulting from new construction, increases in state assessed property, other adjustments and annexed properties. State law allows a 1% increase above the dollar amount of last year's levy. Once the final assessed valuation amounts are confirmed the final tax rate can be calculated. The estimates in the preliminary budget indicate a rate of $2.885/$1000 assessed valuation, or about $0.048 less than last year's rate Deborah Ranniger moved to recommend adoption of an ordinance adopting a 1% ' increase of $240,155 in the 2005 property tax levy for the 2006 budget, in addition to increases resulting from new construction, increases in state assessed property, other adjustments and annexed properties. Debbie Raplee seconded the motion, which passed 3-0. 4. PROPERTY TAX LEVY ORDINANCE Finance Director Bob Nachlinger presented the Property Tax Levy Ordinance. Mr. Nachlinger advised that this ordinance establishes the actual 2005 property tax levy for the 2006 budget. The levy r Operations Committee Minutes t December 6, 2005 Page: 2 includes the 1% increase over last year's levy and increases resulting from new construction, increases in state assessed property, other adjustments and annexed properties. The estimated amounts in the 2006 Preliminary Budget are $24,615,938 for the regular levy and $1,785,000 for the voted debt levy, for a total levy estimate of $26,400,938. This has been included in the 2006 budget. The actual levy amounts will be presented to Council on receipt of the certified assessed valuation numbers from King County. Debbie Raplee moved to recommend adoption of an ordinance adopting the 2005 property tax levy for the 2006 budget. Deborah Ranniger seconded the motion, which passed 3-0. S. 2006 BUDGET ADOPTION ORDINANCE Finance Director Bob Nachlinger presented the 2006 Budget Adoption Ordinance. Mr. Nachlinger i advised that this ordinance adopts the 2006 budget. The budget to be adopted is summarized in Exhibit A It includes the Preliminary Budget document as amended by Exhibit B, which includes all adjustments made to the Preliminary Budget since its original publication. Council has held two public hearings and two workshops on the 2006 budget. All amendments in Exhibit B have been reviewed by the Operations Committee. Final adjustments related to the actual property tax levy will be incorporated as soon as we receive final numbers from King County. Questions were asked and answered regarding the code enforcement position. Deborah Ranniger moved to recommend adoption of an ordinance adopting the 2006 i budget. Debbie Raplee seconded the motion, which passed 3-0. 6. COMPREHENSIVE PLAN AMENDMENT (TO INCLUDE 2006-2011 CIP) Planning Manager Charlene Anderson presented the Comprehensive Plan Amendment (to Including the 2006-2011 CIP). Ms. Anderson advised that the Kent City Code allows update of the Capital Facilities Element of the Kent Comprehensive Plan concurrent with the adoption of the City budget. The Capital Facilities Element includes the City's 6-year financing plan, which is updated annually. The City Council held the required public hearing on this proposed update to the Kent Comprehensive Plan on November 15, 2005, at the same time as the second public hearings for the budget and the City's 6-year Capital Improvement Plan. The planning goals under the Growth Management Act (RCW 36.70A.020) is to ensure that those public facilities and services necessary to support development are adequate and timely to serve the development without decreasing current service levels below minimum standards The Act (RCW 36.70A.070) requires the Capital Facilities Element of the Kent Comprehensive Plan to inventory existing capital facilities, forecast future needs and provide for financing of those facilities needed in the future. , 2 Operations Committee Minutes December 6, 2005 Page: 3 Debbie Raplee moved to recommend adopting an ordinance to amend the Comprehensive Plan in order to update the Capital Facilities Element to include the 2006- 2011 Capital Improvement Plan, as recommended by staff. Deborah Ranniger seconded the motion, which passed 3-0. 7. COMPREHENSIVE PLAN AMENDMENT AND REVISIONS TO KENT CITY CODE 12.13, SCHOOL DISTRICT CAPITAL FACILITIES PLANS Planning Manager Charlene Anderson presented the Comprehensive Plan Amendment and Revisions to Kent City Code 12.13, School District Capital Facilities Plans. Ms Anderson advised Kent City Code provides for imposition of school impact fees on behalf of any school district which provides to the ' City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facilities plans. The Kent, Federal Way and Auburn School Districts submitted their updated Capital Facilities Plans to the City of Kent and are proposing to amend school impact fees. The City Council held the required public hearing on November 15, 2005, at the same time as the second public hearings for the budget and the City's 6-year Capital Improvement Plan. There is no budget impact due to this amendment. Ms. Anderson advised that one of the planning goals under the Growth Management Act (RCW 36.70A.020) is to ensure that those public facilities and services necessary to support development are adequate and timely to serve the development I without decreasing current service levels below minimum standards. RCW 82.02.050 authorizes cities planning under the Growth Management Act to impose impact fees on development activity as part of the financing for public facilities needed to serve new growth and development As a result, KCC 12.13.080 and 090 provide for imposition of school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facilities plans (KCC 12.13.060 & 070). Deborah Ranniger moved to recommend do not recommend adopting an ordinance to ' amend the Comprehensive Plan in order to update the Capital Facilities Element to incorporate the 2006-2011 Capital Facilities Plans of the Kent, Federal Way and Auburn School Districts, including updated School Impact Fees, and to amend Chapter 12.13 of the Kent City Code accordingly as recommended by staff. Debbie Raplee seconded the motion, which passed 3-0. 3 1 Operations Committee Minutes December 6, 2005 Page: 4 8. LTGO 2006 PARKS BOND ORDINANCE Finance Director Bob Nachlinger presented the LTGO 2006 Parks Bond Ordinance. Mr. Nachlinger advised that the Administration plans to issue $12 million in Parks Improvement Limited Tax General Obligation Bonds for various improvements for our Parks System. The projects to be funded include the Service Club Ball-fields, the East Hill Skate Park, the Town Square Plaza and the acquisition of additional land for park purposes. Construction has already commenced on the Service Club Ball- fields and the proceeds of the bonds will be used to reimburse the City for costs incurred. The impact on the debt service has been anticipated in the 2006 budget with the increase in the capital projects beginning balance increasing from the higher than expected real estate excise tax collections. Deborah Ranniger moved to recommend that the Operations Committee authorize the ordinance to issue $12 million in Parks LTGO bonds and to place the item on the City Council agenda for the meeting of December 13, 2005. Debbie Raplee seconded the motion, which passed 3-0. The meeting was adjourned at 4:39 p.m. Renee Cameron Operations Committee Secretary i 1 T l l 4 I �IT Parks and Human Services Committee Minutes KENT November 17,2005 Council Committee members present: Deborah Rannrger, Tint Clark, Ron Harmon substituted for Debbie Raplee 1 The Kent City Council Parks and Human Services Committee meeting was called to order by Deborah Ramriger at 4 1 Op.m on November 17, 2005 1. ApproN al of Minutes Tun Clark moved to approve the Parks and Human Services Committee meeting minutes of the Octobei 20, 2005, Ron Hannon seconded and the motion passed 3-0. 2. Soroptimist Donation for Service Club Park - Accept and Amend Budget Dave Everett, Fund Deg clopment Coordinator, explained that in 1999. Local service clubs pledged $35,000.00 each to construct a ball park located at 14420 SE 2 88th Street in Kent. To honor these pledges, fields and play equipment will be named after each service I club Dave added that representatives from the Soropttn ist set-vice club will be represented at the December 13, City Council meeting to present the $10,000 00 check Ron Harmon moved to recommend Council accept $10,000.00 donation from Soroptimist International of Rent for Service Club park and approve the expenditure of funds in the Service Club Park Budget. Tim Clark seconded and the motion passed 3-0. 3. Indigent Counsel Contract-Authorize Kathernt Johnson, Manacer of Housing and Human Services reported that the city is required by statute to proNtde legal services to low income citizens unable to afford legal representation when charged with a crime in the Kent Municipal Court. Kathenn suggests continuing with Stewart, Beall and McNichols, a local ftnn currently contracted with successful service to the City of Kent. jTim Clark moved to recommend Council authorize the Mayor to enter and agreement with Stewart, Beall and McNichols for indigent counsel services. Ron Harmon seconded and the motion passed 3-0. 4. 2006 Art Plan and Five-Year Art Plan - Approve Brenda Abney, Visual. Arts Coordinator informed the committee that the City Art Plan is approved each year as part of the Arts Commission policy. Some of the funds are budgeted fot design and some for fabrication The City Art Plan is a compilation of projects carried over from 2005, details of projects for 2006, and art expenditures planned for 2006-2010, as part of the 5 year plan. The Visual Arts Committee worked with staff to create the plan which was approved by Kent Arts Commission on October 25,2005, Brenda explained details of one of the projects listed, the 132nd Studio If funded, the r t Parks and Human Services Committee Meeting Minutes Notiember 17,2005 Page 2 studio will be used for art projects, classes and as a general art work area Staff is currently tooknig for grants to fiend bmlduig the studio, which would be located at the old Parks Maintenance shop site on east hill. All of the proposed projects for 2006 through 2010 are listed in detail on the attached plan. Ron Harmon moved to recommend approval of the 2006 City Art Plan and Five Year Plan. Tim Clark seconded and the motion passed 3-0. The meeting adjouched at 425 p.m. Teri Petrole Secretary, Parks and Human Services Committee 1 1 1 1 i 1 IPLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 219 2005 Committee Members: Chair Tim Clark, Ron Harmon, Bruce White 1 The meeting was called to order by Chair Clark at 4:00 P.M Approval of Minutes Member White moved and Member Harmon seconded a motion to approve the minutes of October 17, 2005 Motion Passed 3-0. ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts Planner Damien Hooper presented five options 1) to allow commercial motor vehicles outright in residential zoning districts, 2) to disallow commercial vehicles in residential districts, 3) to allow commercial motor vehicles via a Conditional Use Permit, 4) to allow commercial motor vehicles via a Special Home Occupation Permit, 5) to deny the proposal. Chair Clark declared the public hearing open. Janet Lewis, 13507 SE 250`i' St., Kent, WA 98042 submitted pictures for the record of commercial trucks located at Kent Kangley and 1161h and at 109`h and 256"' Ms. Lewis stated that Kent needs to develop a partnership with the trucking companies for providing and delivering their products and services without devaluing the residential areas. She stated roads are not designed for huge vehicles being driven through these areas; Streets, sidewalks and storm drainage areas are being damaged. She stated that King County cited $64,000 as the cost to repair a one mile stretch of road in Kent. She stated that Kent needs to establish a place for the truckers to park without infringing on the residential districts. Member Harmon moved and Member White seconded a motion to accept the pictures submitted by Ms. Lewis for the record. Motion Passed 3-0. Dick Staples, 14629 SE 267'h St., Kent, WA submitted pictures of his neighborhood showing that he lives in a neighborhood where many of the residents store boats, campers and trailers on their sites He stated that his neighbors are not opposed to his truck in the neighborhood and questioned how his truck differs from the other vehicles parked in his community I Member Harmon moved and Member White seconded a motion to accept pictures submitted by Dick Staples for the record Motion Passed 3-0. Member White Moved and Member Harmon seconded a motion to close the public hearing. Motion Passed 3-0. Damien Hooper addressed questions raised by Member Harmon with respect to how Option 4 would affect Mr Sanders and Mr. Staples. Member Hannon moved and Member Clark seconded a motion to accept Option 4 allowing the storage and parking of commercial motor vehicles in residential zoned properties by means of a Special Home Occupation Permit (KCC 15.08.040) and to provide criteria for the approval of a special home occupancy permit. The Hearing Examiner may also impose conditions of approval. Motion Passed 2 to 1 with Member White Opposed Member Clark stated that this issue will be sent to City Council in January. ZCA-2005-7 Shipping Containers in Residential Zoning Districts Planner Damien Hooper presented the following four options- 1) to accept the Land Use and Planning Board's recommendation to prohibit the storage of shipping containers in residential districts; 2) to prohibit shipping containers in residential districts and redefine them as cargo containers, 3) to allow cargo containers in single family and other residential zones by applying standards; such as restricting the containers to a maximum size of 10 x 20 feet and placing them in a stick-built structure with a pitched roof to maintain the residential characteristic of the neighborhood or, 4) to Deny this proposed amendment and continue to work within the framework of Kent's current ordinances. Mr. Hooper stated that a public hearing could be held by the Committee in January if they desire to change the Land Use and Planning Board's (LUPB) recommendation Planning Manager Charlene Anderson stated that based on the Committee's concerns as to where trucks would park if denied in single family districts, she spoke with Barbara Ivanoff, Washington State Department of Transportation. Ms Ivanoff indicated an interest in working , with the City of Kent and a private developer to establish a truck stop in Kent. In response to the Committee, Ms Anderson stated that staff called self-storage facilities and warehouses who also stated they could accommodate one or more trucks at their locations. Ms Anderson concurred with Member Harmon that this issue would require another hearing either before the LUPB or the Committee to consider the additional options. Member Harmon moved and Member White seconded a motion to send #ZCA-2005-7 Shipping Containers in Residential Zoning Districts back to the LUPB for a public hearing to consider the options as presented. Motion Passed 3-0. Annual Docketing Report Planner Gloria Gould-Wessen described the changes to the annual amendment process stating that the City amended K.C.C. Chapter 12.02 last year to include docketing She stated that the Docket is tied to the annual land use and zoning map amendment application process with a timeline for filing by the first working day in September. Ms. Wessell said that the City accepts docketing submittals from any individual, agency or Jurisdiction at no cost She stated that the land use map amendment applications are fee-based and submitted by property owners or authorized agents. Ms. Gould-Wessen stated that December I" has been established as the deadline for review by the LU&PB and March 31't as the deadline for City Council decision on the docket (listing) Ms. Gould-Wessen described the review process and the criteria to be used when considering the docket items Ms. Wessell identified the docket items on the report. 2005 Annual Comprehensive Plan and Zoning Map Amendments Planner William Osborne described the three comprehensive plan map amendment application proposals: 1) the Bohannon Amendment with the subject site located on East Hill, 2) the Millennium Kangley Building II Amendment with the subject site located just north of the intersection of 116th' and 130th and Kent-Kangley, and 3) Safeguard Self-Storage Phase 4 Amendment with the subject site located on Washington Avenue. Member Harmon moved and Member White seconded a motion to accept the LUPB's recommendation to approve the 2005 Annual Docketing Report. Motion Passed 3-0. Member White moved and Member Harmon seconded a motion to accept the LUPB's recommendation to act on the (3) three 2005 Comprehensive Plan and Zoning Map Amendment Applications. Motion Passed 3-0. Adjournment Chair Clark adjourned the meeting at 5.00 p m. Pamela Mottram, Admin Secretary, Planning Services S IPeuurtlPlnnlPlamrusg Conuartteel2005Wmu1es 1101705nna doe P&EDC Meeting Minutes—11/21/05 Page 2 of 2 CITY OE KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES November 17, 2005 COMMITTEE MEMBERS: Debbie Raplee, Les Thomas, Deborah Ranniger, Chair • The rneefing was called to order by Chair Deborah Raniiger at 5.00 PM. • Debbie Raplee's absence was excused and Ron Hai coon attended in leer absence. • Chan-Ramnger noted that one item would be added to the agenda. 1. Approval of Minutes Ron Harmon moved to approve the minutes of the October 20,2005 meeting. The motion was seconded by Les Thomas and passed 3-0. 2. Home Sheet Bank donation- ACCEPT Fire Chief but Schneider explained the proposed use of fluids m the amount of$3,000 and thanked Home Sheet Bank for then donations the past two years Les Thomas moved to recommend placing the acceptance of Home Street Bank's Corporate Giving Program donation on the Consent Calendar of the December 13, 2005 Council Meeting. The motion was seconded by Ron Harmon and passed 3-0. 3 Washington Traffic Safety Commission "DOTS" mini-grant—AUTHORIZE and ACCEPT Police Chief Ed Crawfoid explained the proposed use of the grant finds in the amount of$4,000. Ron Harmon moved to recommend authorization of the application and placing the acceptance of the Washington Traffic Safety Commission mini-grant in the amount of $4,000 on the Consent Calendar of the December 13, 2005 Council Meeting. The motion was seconded by Les Thomas and passed 3-0. 4. Washington Traffic Safety Commission "Drive Hammered —Get Nailed" mini-grant - ALiTHOR1ZE and ACCEPT 1 Police Chief Ed CiaNO-Ord explained the proposed us the grant funds in the amount of$3,500. Les Thomas moved to recommend authorization of the application and placing the acceptance of the Washington Traffic Safety Commission mini-grant in the amount of $3,500 on the Consent Calendar of the December 13, 2005 Council Meeting. The motion was seconded by Ron Harmon and passed 3-0. 5. ADDED ITEM—Public Safetv Overtime - INFO ONLY Police Chief Ed Crawfoid and Fire Chief Jun Schneidei each reviewed their department's overtime issues for 2005 and answeted committee inembeis' questions about department budgets. The meeting adjourned at 5:43 PM. Jo Thompson Admmmstiative Assistant Kent Police Department i t PUBLIC WORKS COMMITTEE MINUTES December 5, 2005 COMMITTEE MEMBERS PRESENT- Committee Chair Bruce White and Committee Members Ron Harmon and Debbie Raplee The meeting was called to order at 5:11 P M Item#12 PTV America, Inc. —On Call Consultant Services was removed from the agenda by Larry R. Blanchard, Public Works Director. A request for Public Comment was made by Gary Stewart. Approval of Minutes Dated August 15, 2005 Committee Member Ron Harmon moved to approve the minutes of November 21, 2005. The motion was seconded by Debbie Raplee and passed 3-0. Lifeline Utility Rate Mike Mactutis explained that the lifeline utility rate reduces the standard water, sewer, L solid waste, and storm utility rates for individuals at least 62 year of age, or permanently and totally disabled, and meeting certain income requirements The City's Housing and Human Services Division follows the HUD income guidelines in administering its various programs funded entirely or in part by federal grants. These income requirements are adjusted annually whereas the income requirements in RCW 84 36 381(5)(b) are adjusted by the State on an irregular basis. It is the City's desire to use the HUD income guidelines for a more standardized process within the City It is also the City's desire to amend the code in order to codify the eligibility requirements for ease of access to the public. Debbie Raplee moved to recommend authorization to adopt Ordinance No. which amends the income requirements of the lifeline utility rate to align it with those set by the Federal Department of Housing and Urban Development(HUD) for a more standardized process within the City. The motion was seconded by Ron Harmon and passed 3-0. Segregation Request for LID 352 Tim LaPorte explained that Sound Venture Seven LLC, prior owner and Heinen Properties, LLC, and Brown Family Trust, the current owners of record of property located in the 800 block of 5ch Avenue So , on the east side, has requested segregation due to the property lines being moved through a lot line adjustment. The Public Works Director recommends passage with amendment of Page 15, Paragraph B changing "property" to "proper". Ron Harmon moved to recommend that the City Council pass Resolution No. directing the Finance Director to segregate Assessment No. 2 levied under LID 352 and to amend Page 15, Paragraph B to read "proper" instead of "property". The motion was seconded by Debbie Raplee and passed 3-0. Disposal of two (2) Metrotech Locators Brad Lake explained the need to trade in two Metrotech 9800 utility locators purchased 10 years ago to reduce the purchase cost of a new Metrotech utility locator. I I Debbie Raplee moved to recommend that the City Council authorize staff to appropriately dispose of the obsolete equipment to reduce the purchase cost of a new Metrotech utility locator. The motion was seconded by Ron Harmon and passed 3-0. 2006 Water Treatment Chemical Contract with Univar USA, Inc. Brad Lake discussed the treatment chemicals that are required to supply potable drinking water to the City's water customers. Ron Harmon moved to recommend council to authorize the Mayor to sign the 2006 Water Treatment Chemical Supply Agreement between the City of Kent and Univar USA, Inc. for 12.5% Sodium Hypochlorite, Potassium Permanganate, Sodium Fluoride and 25% Sodium Hydroxide. The motion was seconded by Debbie Raplee and passed 3-0. 2006 Water Treatment Chemical Contract with JCI Jones Chemicals, Inc. Brad Lake discussed the treatment of using Gas Chlorine to disinfect the City's water supply system at a variety of well and spring sites. Debbie Raplee moved to recommend council to authorize the Mayor to sign the 2006 Water Treatment Chemical Contract with JCI Jones Chemicals, Inc. The motion was seconded by Ron Harmon and passed 3-0. Street Sweeping Contract Change Order No. 4 Don Millett discussed that the added fuel costs and dump fees are driving up the monthly lump sum by 4%. McDonough and Sons, Inc. has performed exceptionally throughout the current 2005 contract year and feels the City would benefit by exercising our option for the upcoming 2006 year. Ron Harmon moved to recommend authorizing the Mayor to sign the Change Order No. 4 with McDonough & Sons, Inc. for a 4% increase in the monthly lump sum for the street sweeping contract upon concurrence of the language therein by the City Attorney and Public Works Director. The motion was seconded by Debbie Raplee and passed 3-0. Bridal Trails Water System—Information Only Brad Lake gave a brief informational presentation on the Bridal Trails Water System that serves a small community of 14 homes in the Ravensdale area The community is adjacent to the eastern border of the Clark Springs Watershed which is owned by the City of Kent. For a number of years the community water system has allowed Kent to sample and analyze the water quality of the water coming from its well on a regular basis as part of Kent's wellhead protection program. To date no agreement has been formalized, , however discussions are continuing and should be in draft form soon It is expected that Kent will be able to continue monitoring at this well to protect the Kent Water supply and assist with the compliance sampling and technical assistance for the Bridal Trails water system at the same time at minimal cost to the City. Mirai Associates Inc. Consultant Contract—Transportation Master Plan Transpo Group, Inc. Consultant Contract—Transportation Master Plan C112M Hill Consultant Contract—Transportation Master Plan 3 Steve Mullen presented the consultant services needed to update the Transportation Master Plan to provide an update/rewrite of the 1984 City of Kent Comprehensive Transportation Plan Mirai Associates Inc would serve as Consultant for Project Management; The Transpo Group Inc for Kent Pedestrian and Bicycle and CH2M Hill for Public Outreach/Public Involvement. Debbie Raplee moved to approve separately but list as one item and to recommend the Council to authorize the Mayor to sign the Consultant Services Agreements between the City of Kent and Mirai Associates, Inc. for Project Management, The Transpo Group, Inc. for Kent Pedestrian and Bicycle and CH2M Hill for Public Outreach/Public Involvement. It was seconded by Ron Harmon and passed 3-0. Washington State Homeland Security Grant Acceptance Authorization for Kent Springs Security Improvements Brad Lake discussed the grant agreement in the amount of $13,200 for security improvements, which consist of additional fencing for our water supply sources In order for the City to be reimbursed for these expenses, the City must accept the grant and use water funds for the cost of these improvements. Grant funds will then reimburse the City 1 up to the approved total Ron Harmon moved to recommend authorization for the Mayor to sign the Washington State Homeland Security Grant for the Kent Springs Security Improvements in the amount of $13,200 and direct staff to accept the grant and establish for the funds to be spent with said project. It was seconded by Debbie Raplee and passed 3-0. Washington State Homeland Security Grant Acceptance Authorization for Kent O'Brien Well Security Improvements Brad Lake discussed the grant agreement in the amount of$11,205 for needed security improvements to the telemetry system at O'Brien Well. In order for the City to be reimbursed for these expenses, the City must accept the grant and use water funds for the cost of these improvements Grant funds will then reimburse the City up to the approved total Debbie Raplee moved to recommend authorization for the Mayor to sign the Washington State Homeland Security Grant, in the amount of $11,205, for the needed security improvements to the telemetry system at O'Brien Well. It was seconded by Ron Harmon and passed 3-0. Easement with Puget Sound Energy at Service Club Park Shane Gilbertson of the Park Department discussed the Puget Sound Energy requirement for an agreement for easement to install and maintain the electrical service at Service Club Park, located at 14608 SE 2881h Street in Kent Debbie Raplee moved to recommend authorizing the Mayor to sign the Agreement for an Easement with Puget Sound Energy at Service Club Park. It was seconded by Ron Harmon and passed 3-0. Highline Water District Agreement Larry Blanchard discussed the Interlocal agreement to memorialize the request by the City to revise the 1999 Agreement for Amendment of service area to incorporate those 4 areas that currently can be served by Kent. The revision to this agreement more clearly ' identifies those areas that can be served by the City of Kent and those areas that can be served by Highlime Water District. Ron Harmon moved to recommend the council to authorize the Mayor to sign the City of Kent and Highline Water District Interlocal Agreement for establishment of water service areas. It was seconded by Debbie Raplee and passed 3-0. Gary Stewart, 26407 127`h Avenue SE requested that the Meridian Meadows foot path be recognized and registered and protected. Larry Blanchard will look into this matter. The meeting adjourned at 5:53 P.M. Beth Peterson Administrative Secretary I 1 1 CONTINUED COMMUNICATIONS 1 A. 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 EXECUTIVE SESSION 1 1 ACTION AFTER EXECUTIVE SESSION 1 1 1 1 1 � � 1 1 � 1 1 1 1 1