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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/07/2006 • • • • • • • • • City of Kent CityCouncil Meeting • Agenda • • March 7, 2006 • • Mayor Suzette Cooke jDeborah Ranniger, Council President • Councilmembers • • Tim Clark Debbie Raplee • Ron Harmon Les Thomas • Bob O'Brien Elizabeth Watson • • • • KENT W A 5 H I N G T O N • • City Clerk's Office • • • KENT CITY COUNCIL AGENDAS • KEN T March 7, 2006 WAS 5 H IN G T O N Council Chambers MAYOR Suzette Cooke COUNCILMEMBERS: Deborah Ranmger, 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. Council Strategic Plan Councilmembers 20 min 2. Comprehensive Plan & Zoning Planning Staff 40 min COUNCIL MEETING AGENDA 7:00 p.m. • 1. CALL TO ORDER/FLAG SALUTE BY CUB SCOUT PACK 459, DEN 2 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 er raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A King County Councilman Reagan Dunn B. Lions Club Donation C. El Grullo Gift Presentation D. Lifetime Achievement Award from Washington State Traffic Safety Commission E. Economic Development Update F. Employee of the Month 5. PUBLIC HEARINGS • None 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills—Approve C. 1451" Place SE Street Vacation Ordinance—Adopt (Continued on Back) i COUNCIL MEETING AGENDA CONTINUED D Transfer Ownership of Artwork at Kent Meridian Pool—Approve E. Lions Club Donation for Portable Staging— Accept and Amend Budget F Riverview Park Design Consultant Agreement—Authorize G. Purchase of Ladder Truck—Authorize H. Citizens Emergency Response Team (CERT) Kit Bulk Buy Program Grant— Accept and Authorize iI. No Parking and 2-Hour Parking Ordinance—Adopt iJ. Proposed LID - SE 227th Place Sanitary Sewers, Resolution Setting Public Hearing Date—Adopt 7. OTHER BUSINESS A. Dickerson Rezone Ordinance—Adopt (QUASI JUDICIAL PROCEEDING) B. Council Strategic Plan Report 8 BIDS it None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES &4 ,I -to /'r 10. CONTINUED COMMUNICATIONS IL EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Property Acquisition 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 at1-800-833-6388 LU O1 y L L m L J c_ -0 >'O m<L � O y O C �_ J by> L ?� c VO C V - c .' 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Eo oco3 > oN o yroc � _ � � aT m 3 C qAo -Se co-6y1 0i.0 ? c 0 �_voco E -0-C3 ca • V T o 0 mL cL L N V� • ti co un v ° cN a a'y W', 02 A E °Ym � EnUa Q Q vvQ EEUa x�� �i m E coLA uj ET3 m � avi '' o ? ° a y c v o L a u - 0 u c u >" �n O n a s v� ., m Q U > d E < E rJ L < m 0 Q rs V v; • • • ♦ i • CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be property heard. • A) FROM COUNCIL, ADMINISTRATION, OR STAFF i • i B) FROM THE PUBLIC • • • • • i • i • i i • i • • • • • i • • • PUBLIC COMMUNICATIONS • A) KING COUNTY COUNCILMAN REAGAN DUNN • • • B) LIONS CLUB DONATION • • • • C) EL GRULLO GIFT PRESENTATION • • i i D) LIFETIME ACHIEVEMENT AWARD FROM WASHINGTON STATE TRAFFIC SAFETY COMMISSION • i • E) ECONOMIC DEVELOPMENT UPDATE • • • • F) EMPLOYEE OF THE MONTH • i • • • • • • • • CONSENT CALENDAR • • 6. Citv Council Action: Q • Councilmember R GLMu moves, Councilmember seconds to approve Consent Calendar Items A through J. i • • Discussion Action mcl • • 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of February 21, 2006. • 6B. Approval of Bills. Approval of payment of the bills received through February 1 and paid on February 15 after auditing by the Operations Committee on February 21, 2006. • . Approval of checks issued for vouchers: • Date Check Numbers Amount 2/15/06 Wire Transfers 2329-2345 $1,368,306.04 2/15/06 PrePays & 589822 527,333.22 2/15/06 Regular 590416 1,877,093.53 . Use Tax Payable 1,212.79 $3,773,945.58 • Approval of checks issued for interim Payroll: • Void Check # 287807 & 288070 ($595.01) 2/3/06 Check # 288990-288991 $595 01 • • Approval of checks issued for payroll for February 1 through February 15 and paid on • February 17, 2006- Date Check Numbers Amount • 2/17/06 Checks 288992-289274 $ 199,352.97 2/17/06 Advices 192367-193059 1,245,908 04 • Total of Regular Payroll $1,4451261.01 • Council Agenda Item No. 6 A-B • • Kent City Council Meeting KEN T February 21, 2006 W A S H I.C TON • 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) CHANGES TO THE AGENDA • A. From Council, Administration, or Staff. (CFN-198) Interim CAO Hodgson added Labor • Negotiations with action to the Executive Session. PUBLIC COMMUNICATIONS A. Kent Arts Commission 2006 Funding Recipients. (CFN-839) Ronda Billerbeck, Cultural Program Manager, introduced funding recipients from the Washington State Music Teachers Association, Rainier Chorale, Kent Parks Adaptive Recreation, Kent Senior Activity Center, and Icon Theater, and Mayor Cooke presented them with certificates. . B. 2005 Green Business of the Year Award. (CFN-155) Robyn Bartelt, Conservation Specialist, • announced that Emerald City Graphics has achieved an 86% recycling rate and Mayor Cooke . presented them with the 2005 Green Business of the Year Award. CONSENT CALENDAR RANNIGER MOVED to approve Consent Calendar Items A through I. Harmon seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of February 7, • 2006 were approved B. Approval of Bills. (CFN-104) Payment of bills received through January 31 and paid on January 31 after auditing by the Operations Committee on February 7, 2006 were approved. • Approval of checks issued for vouchers: Date Check Numbers Amount 1/31/06 Wire Transfers 2308-2328 $1,673,826.59 . 1/31/06 Prepays & 589079 1,485,632.39 . 1/31/06 Regular 589821 3,123,406 35 Use Tax Payable 3,00270 $6,285,868.03 • Approval of checks issued for payroll for January 1 through January 15 and paid on January 20, 2006: Date Check Numbers Amount • 1/20106 Checks 288415-288702 $ 229,163.55 • 1/20/06 Advices 190990-191676 1,511,456.64 Total of Regular Payroll $1,740,620 19 • 1 Kent City Council Minutes February 21, 2006 Approval of checks issued for Interim payroll: S Date Check Numbers Amount • Void Checks 288227 & 288338 $ (481 61) 1/23/06 Check# 288703-288704 $481.61 Approval of checks issued for payroll for January 16 through January 31 and paid on February 3, • 2006: Date Check Numbers Amount 2/3/06 Checks 288705-288987 $ 193,743 99 • 2/3/06 Advices 191677-192366 1,254,016.27 . Total of Regular Payroll $1,447,760.26 Approval of checks issued for Interim Payroll. 2/3/03 Void Check# 288709 $(472 59) Check# 288988 $545.65 C. Olympic Environmental Resources Consultant Contract. (CFN-738) The Mayor was authorized to sign the Olympic Environmental Resources Consultant Agreement for Waste Reduction • and Recycling Activities and Programs for 2006 in the amount of$57,670 r D King County Waste Reduction and Recycling Grant Program. (CFN-904) The Mayor was • authorized to sign the Waste Reduction and Recycling Grant Contract Amendment in the amount of . $85,722 and to direct staff to accept the grant and establish a budget. E. Washington State Department of Ecology Coordinated Prevention Grant. (CFN-904&738) The Mayor was authorized to sign the Coordinated Prevention Grant(CPG) Contract Agreement for • 2006-2007 in the amount of S56,907 and to direct staff to accept the grant and establish a budget • F. Seattle & King County Local Hazardous Waste Management Program. (CFN-738) The Mayor was authorized to sign the Local Hazardous Waste Management Program (LHWMP) Grant • Contract Amendment in the amount of$16,943.11 and to direct staff to accept the grant and establish a budget G Rock Creek Habitat Conservation Plan Budget. (CFN-1038) The Mayor was authorized to • sign an amendment(change order 2) with R2 Resource Consultants for $302,324.11 to complete the Clark Springs Habitat Conservation Plan and Environmental Impact Statement upon concurrence of . the language by the City Attorney and Public Works Director. H. Excused Absence for Councilmember Tim Clark. (CFN-198) An excused absence from • tonight's Council meeting for Councilmember Clark was approved. • 1. 2005 Asphalt Overlays. (CFN-103) The 2005 Asphalt Overlays project was accepted as complete and release of the retainage to Icon Materials upon standard releases from the state and • release of any liens was authorized. • 2 • • Kent City Council Minutes February 21, 2006 BIDS A East Hill Skate/BMX Bowl Construction Re-Bid. (CFN-118) The bid opening was held on . February 6, 2006, with two bids received. The apparent low bid was submitted by T. F Sahli • Construction for the base bid amount of$362,125 00, excluding Washington State Sales Tax The Engineer's estimate was $425,000.00. Two alternates were included in the bids. The Parks Director recommends entering into an agreement with T F Sahli Construction for the base bid plus Alternative No 1 ($50,000), totaling $412,125 00 plus tax to complete the project Dan Barnett, 7346 241h Avenue NW, Seattle, spoke against the Parks Director's recommendation. He stated that T F. Sahli Construction is unqualified to do a job of such magnitude, that the original qualifications should have been kept, and that only a skater-builder is qualified to ensure that the park is built to its potential. Dan Hughes, 2139 NE 201h Street, Renton, spoke in opposition to lowering the standards to allow T. F. Sahli to bid on the park and outlined mistakes that can occur in construc- tion. Erik Lee, 23214 127`h Avenue SE, Kent, said that parks built by T F. Sahli have bulges and kinks and urged the Council to reconsider allowing them to build this park. Chris Hildebrand, 4154 20`h Avenue SW, Seattle, General Manager and co-owner of Grindline Skate parks, noted that he helped design this park and said that because he has skated at parks designed by T F. Sahli, he is uncomfortable with the recommendation to award the bid to them He explained that this design is extremely difficult and progressive and offered to redesign the park at no charge if the bid is awarded • to T. F Sahli. The Deputy City Attorney noted that redesigning the park after the bid has been • awarded is impossible. Lori Flemm, Superintendent of Parks and Open Space, noted that T F. Sahli has constructed 22 skate parks in Washington, and read positive comments about them from other cities. She expressed confidence that while they have never built a full pipe, they are qualified to do so. She explained the • reasons for re-bidding the project, and answered questions from Council members regarding safety, timelines, construction standards, costs, supervision and other issues. . After further discussion, RANNIGER MOVED that the Mayor be authorized to enter into an agree- ment with T. F. Sahli Construction for the base bid and Alternate No 1 in the amount of$412,125.00 plus Washington State sales tax to complete the East Hill Skate/BMX Bowl construction project. Harmon seconded Upon a roll call vote, the motion carried 4-2 with Harmon, O'Brien, Ranmger and Raplee in favor, and Thomas and Watson opposed. • REPORTS Council President. (CFN-198) Ranniger noted that there will be a special workshop regarding the Strategic Plan at 5:30 p.m on Thursday, March 2, 2006. Public Works Committee. (CFN-198) Raplee noted that a special meeting will be held at 5:00 p.m. on Monday, February 27. • Planning and Economic Development Committee. (CFN-198) Harmon noted that a special • meeting will be held at 4 00 p in on Monday, February 27. Administrative Reports. (CFN-198) Hodgson noted an Executive Session of approximately 20 minutes regarding land acquisition and labor negotiations with action expected on labor negotiations. • 3 Kent City Council Minutes February 21, 2006 EXECUTIVE SESSION The meeting recessed to Executive Session at 8:10 p.m and reconvened at 9:00 p in (CFN-198) ACTION AFTER EXECUTIVE SESSION Labor Negotiations. (CFN-198) RANNIGER MOVED to authorize the Mayor to sign a three-year collective bargaining agreement with Teamsters Local Union#117, affiliated with the International Brotherhood of Teamsters, effective January 1, 2006 to December 31, 2008, upon final review and approval as to form by the City Attorney's Office Raplee seconded and the motion carried. • ADJOURNMENT At 9 Ol p.m. WATSON MOVED to adjourn. Thomas seconded and the motion carried. (CFN-198) i Brenda Jacober, CMC City Clerk 4 • Kent City Council Meeting Date March 7, 2006 Category Consent Calendar 1. SUBJECT: 145TH PLACE SE STREET VACATION ORDINANCE—ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. vacating a portion of 145'h Place Southeast, in the City of Kent as described in the applicant's petition. On May 4, 2004, the City Council adopted Resolution No. 1668 setting June 15, 2004, as the public hearing date for the vacation of a portion of 145`h Place Southeast. The public hearing occurred on June 15, 2004, and was continued to July 6, 2004 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 3. EXHIBITS: Ordinance . 4. RECOMMENDED BY: Council and Staff • (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? Yes Currently inthe Budget? Yes No X -VIV- • If no: Unbudgeted Expense: Fund Amount $ • Unbudgeted Revenue. Fund R20304.59520 Amount $950.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: • ACTION: Council Agenda Item No 6C ORDINANCE NO. • AN ORDINANCE of the City Council of the City of Kent, Washington, relating to the vacation of portion of 1451h Place Southeast, located in the City of Kent, Washington. • RECITALS • A. A petition has been filed to vacate a portion of 1451h Place 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 appropna,e 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 June 15, 2004, and continued on July 6, 2004, in the city council chambers of Kent City Hall. D. The city's Planning Services Office recommended that the city council approve the petition, with conditions. • 1 Street Vacation- • 145`h Place SE E. After the public hearing on July 6, 2004, 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. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, • DOES HEREBY ORDAIN AS FOLLOWS: • ORDINANCE SECTION. — Recitals. The foregoing recitals are incorporated as if fully set forth herein. SECTION — Vacation. A portion of 145"' Place 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, — SeverabditY 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- • 145t' Place SE • • SECTION S, —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: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of March, 2006. APPROVED: day of March, 2006. PUBLISHED: day of March, 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 JACOBER, CITY CLERK • P\CmgORDINANCE\Vacate-145thPlaceSE doc • • • 3 Street Vacation- • 145th Place SE EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF 145"' PL. S.E. WITHIN THE PLAT OF LOE ESTATES DIVISION NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN • VOLUME 160 OF PLATS, PAGES 26 THROUGH 30, IN KING COUNTY, WASHINGTON, LYING SOUTHERLY OF THE WESTERLY PROLONGATION OF LOT 12, SAID PLAT. RESERVING INTO THE GRANTOR A UTILITY EASEMENT INCLUDING • ACCESS TO UTILITIES UNDER, UPON AND OVER THE RIGHT-OF-WAY PETITIONED TO BE VACATED AND INCLUDING THEREIN THE WESTERLY 20.00 FEET OF THE EASTERLY 30.00 FEET THEREOF FOR PUBLIC ACCESS • FOR BICYCLES, PEDESTRIANS AND EMERGENCY SERVICES AND ALSO FOR • ANY PRIVATE OR QUASI-PRIVATE UTILITY SUCH AS POWER, GAS, TELEPHONE OR CABLE TV WHICH HAS EXISTING FACILITIES WITHIN (UNDER, UPON AND/OR OVER) THE RIGHT-OF-WAY PETITIONED TO BE • VACATED, THE CITY SHALL RETAIN THE RIGHTS TO GRANT TO SAID UTILITY OPERATORS AN EASEMENT AND ESTABLISH THE WIDTH THEREOF AT TIME OF GRANT FOR THE OPERATION AND MAINTENANCE OF SAME. • r � • • • • • it II N • . E�XXHlB�IT "_ B" LjTy EASB• II , I �i . ,11 M `Y�M.0 Oo • J It- 07 + z � • '� ,: U � � ,} � II�'Y, tiQ i GRAPHIC SCALE W. O ( IN FEET -' ;A (� i' jj 140 1 inch 20 it tn • a Il ° ,m E Mo • i' n ,J ` Q QQU OF ASH/ • ! , EXPIRES- 04 APR 05 so • � Y� �, BUC S�pFPC1L����s • p i • L SP'CF • VACATED -OF-WAY k"lb/qN • 6,655 sq.it. VoL. 120/�F/3S • 1 i0r 1 • • • • Kent City Council Meeting • Date March 7, 2006 Category Consent Calendar I SUBJECT: TRANSFER OWNERSHIP OF ARTWORK AT KENT MERIDIAN POOL—APPROVE • 2. SUMMARY STATEMENT: Approve transferring ownership of the artwork at Kent Meridian Pool from the Cultural Development Authority of King County to the City of Kent. A work of art from the Cultural Development Authority of King County is affixed to the north exterior wall of the Kent Meridian Pool (see attached picture). Since the County transferred ownership of the pool in 2003, they would also like to transfer ownership of the art work The transfer would be at no cost to the city. The piece would become a part of the City's art collection, and staff would be responsible for subsequent care and maintenance. The artwork is in good condition and does not require special maintenance at this time. The Kent Arts Commission reviewed the artwork and has voted to recommend approval of the transfer. • 3. EXHIBITS: Picture of artwork 4. RECOMMENDED BY: Parks & Human Services Committee (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 S Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: • Councilmember moves, Councilmember seconds i • DISCUSSION: ACTION: Council Agenda Item No. 6D { A •✓ F '' .-rY.t`Trw.t "�'p.r .. z _ y �' Y �` .3� 5 t �`�r i _.. 4f a �•.• \F i� .�' ) xw y � �,y�uc9�,,ayL:.'x a`,tib, .• x :e�1 "z �a d s2`' t 4)Q r d 3 M y W x dv�s�; � � Ly � t,, x� i'� ✓' Rz�,��'�� a ±`^tom, )�ri, x T m' �' ;u mr4 •�' INz rt in sj m a'.� ri5'v, lx,x t^iF � .."}SC��Y3 h.F6 i�.a ,.� s ..i h�j ut `i•�yh.�'i.�J,�i . n.a kq uh. 1 GY ad..z.iM5.$ ° s- �aY4 ''� .. +. � 1y�+"xr�� ���`y�„`"'' mod• �...�^{i .�yrd:.. F T .�w1..1 Y •fT�'i'FYi j� � }� > � M A h _ ♦ ..o. ?' 3 z i .��� �"FE#� XK a r€� 3Lt t.e'ti. ��;+ • • Kent City Council Meeting Date March 7, 2006 Category Consent Calendar 1. SUBJECT: LIONS CLUB DONATION FOR PORTABLE STAGING —ACCEPT AND AMEND BUDGET i• 2. SUMMARY STATEMENT: Accept the $15,000 00 donation from the Kent Lions Club to reimburse the purchase of portable staging, and approve expenditure of funds in the Portable Staging budget. Funding is provided by a $12,500 grant from King County, a $15,000 00 donation from the Kent Lions Club and the remaining $50,633 00 from capital funds. In January i 2006, the Kent Lions Club pledge of$15,000 00 toward the purchase of the staging was received and deposited in the Portable Staging budget. 3. EXHIBITS: Revenue report 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure" X Revenue? X Currently inthe Budget? Yes No -X • If no: • Unbudgeted Expense: Fund P20064 Amount $15,000.00 • Unbudgeted Revenue. Fund P20064.56710 Amount S 15,000.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E • ry N O) Q F Q iU d IL i m 0 0 • r rn m iv a O • • o `m = C • p o c � m . u m L Q1 h • E c E J Z C Y ED • O O U fV; V w • a � a a c� m a' i = � o 0 i aoo 0 Q r � A • m � • ay N o ti • o M o ,'n to C'J � Q GC . O O N ry m a m 0 a n O o�a u • c Q • Kent City Council Meeting i Date March 7, 2006 Category Consent Calendar 1 SUBJECT: RIVERVIEW PARK DESIGN CONSULTANT AGREEMENT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the consultant agreement with JA Brennan Associates, PLLC for the Riverview Park Master Plan. In October 2006, the Parks Department advertised a Request for Qualifications (RFQ) for consultants to assist with design development of a 15-acre community park along the Green River. Eleven Statements of Qualification (SOQ) were received and reviewed by City staff. Five consultant design teams were selected for the presentation and evaluation process. JA Brennan Associates, PLLC, was selected to work with Park staff to prepare a master plan and documents necessary for park construction. The consultant contract amount is $119,324.80. The consultant budget is within the allowable limits of the Aquatic Lands Enhancement Account (ALEA) grant funding requirements. . 3. EXHIBITS: Consultant agreement 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) i 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. 6F • 41400 K E N T W.5" e0TD. • CONSULTANT SERVICES AGREEMENT • • between the City- of Kent and • JA Brennan Associates, Pile • THIS AGREEMENT is made between the City of Kent, a Washington rnuntcipal corporation (hereinafter the "City"), and JA Brennan Associates, Pllc organized under the laws of the State of Wastmngton, located and doing business at 100 S. King Street, Suite 200 Seattle, Washington 98104 (hereinafter the • "Consultant") • • I. DESCRIPTION OF WORK • Consultant shall perform the following services for the City in accordance with the following described • plans and/or specifications: Provide design and construction documents (Phase 1 and Phase 2) for Riverview Park in Kent, • Washington as described on the Consultant's scope of work dated January 13, 2006 attached and • incorporated as Exhibit A. • Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed • II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by September 30, 2006. • III. COMPENSATION. • A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Nineteen Thousand, Three Hundred Twenty-Four Dollars and 80/100ths ($119,324 80) • for the services described in this Agreement This is the maximum amount to be paid under this • Agreement for the work described in Section I above, and shall not be exceeded without the prior written autlioiization of the City in the form of a negotiated and executed supplemental • agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year • from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in • Exhibit A • B. The Consultant shall submit monthly payment invoices to the City for work performed, and a • final billl upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute In that event, the parties will i inmediately m ake every effort to settle the disputed portion. • • • CONSULTANT SERVICES AGREEMENT- I (Over s10.000) • IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and ditect 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 signature block of this Agreement After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant VI. DISCRIMINATION. In the hiring of employees for the performance of woik under this Agreement or an, subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by teason 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. Consultant shalt 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. VIL INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employ--es, 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 Consultant'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 Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24,115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's • negl igenee. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. • VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT-2 (Over sl o.00IJ) X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed on created under this Agreement shall belong to and become the property of the City All records submitted by the City to the Consultant wfli be safeguarded by the Consultant. Consultant shall make such data, documents, and files Mailable to the City upon the City's request. The city's use or reuse of any of the documents. data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S R IGHT O F I NSPECTION. E ven though Consultant is an independent contractor with the authority to control and direct the perfortnance and details of the work authorized under this Agreement, t he w ork m ust in eet t lie a pproval o f t he C ity and s hall b e subject to t he C ity's general right o f inspection to secure satisfactory completion, XIL WORK PERFORMED AT CONSULTANT'S RISK. Consultant 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 alf protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any toss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIIL MISCELLANEOUS PROVISIONS. i • 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 rehnquishment 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 parties agree in writing to an alternative dispute resolution process. In any clams or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attomey'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 • VII 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 marling by registered or certified email, 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. Assigmient 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. CONSULTANT SERVICES AGREEMENT-3 • (Over$10,000) F. Modification. No waiver, alteiation, or modification of any of the provisions of this Agreement in shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. 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 in any manner this Agreement. All of the above documents 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 terms of this Agreement shall prevatl. • H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or ill the future become applicable to Consultant's business, 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 oil the last date entered below. 0 CONSULTANT: CITY OF KENT: 0 By: By (signntur e) (signrtrm e) Print Name: Jim Brennan Print Name: Suzette Cooke • Its Principal Its Mayor (Title) (Title) DATE- DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: • CONSULTANT: CITY OF KENT: Jim Brennan Shane Gilbertson, Project Manager JA Brennan Associates, Pllo Kent Parks, Recreation & Community Services 100 S King Street, Suite 200 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 { (206) 583-0620 (telephone) (253) 856-5115 (telephone) (206) 583-0623 (facsimile) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent Law Department Rwerview Park • • • CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) 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 wort: with relation to this Agreement shall comply with the resulatrons 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 icontract 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 Prune Contractor, that the Prime Contractor complied with the requirements as set forth above. By sigrmng below, I agree to fulfill the five requirements referenced above. • Dated this day of 2006. i By: For: Title • Date. EEO COMPLIANCE DOCUMENTS- t CITY OF KENT ADMINISTRATIVE POLICY NUMBER- 1.2 EFFECTIVE DATE: January 1, 1998 • • • SUBJECT: MINORITY AND WOMEN SUPERSEDES- April 1, 1996 • CONTRACTORS APPROVED BY Jim White, Mayor • POLICY- Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All • contractors, subcontiactors, consultants and suppliers of the City must guarantee equal employment opportunity • within their organization and, if holding Agreements with the City amounting to S10,000 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 poitcy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. • ! • • • • • • EEO COMPLIANCE DOCUMENTS-2 • i • • CITY OF KENT • EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT • • • This foml shall be filled out AFTER COMPLETION of this project by the Contractor awarded the • Agreement. • • I, the undersigned, a duly represented agent of JA Brennan Associates Pllc Company, hereby • • acknouled�e and declare that the before-mentioned company was the prime contractor for the Agreement iknown as Riverview- Park that was entered into on the (date) , between the finn 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 2006. i • { • By: T • For: • Title- i Date: • i • • • • • • • • EEO COMPLIANCE DOCUMENTS-3 • 8 8 8 g 8 3 = - 4 1 � 6 ch g. � of r3 = 3 • IT . _ F E 2 8 0 8 S g 8 s _ - i 8 8 8�8_ 8 8 8 S 8 8 8 £ € G o - 8 8 8 8 J8 8 0 8 8_8 0 8 8 _ _ o _ - a g <-_ - _ 4 • r. o - .,.o r, .0 4 • cQ ; t . a c " _ mo d o s _ � - = o G C = : O n b 4 5 u 2 - !' µ • Z T Y 4 a a _ _ _ n_ & -". t s$ = �2 e f - _ c _ _ x � _ � 3 z _ £ _ _ a _ _Im • t - i • • o 8 3 8 IS s 1 .-1 E s o 0 0 o 0 8 s I Is s � ss � sos s A i I - r Z7 o € 8 s 8 3 8 € 8 8 • '` - � � mhrm�n _ _ n � mn oomom moo ' c nom . o .Im 21 $ o - m $� � nm •, o no � .or m � a � ' e fIY S a _ o o S Z s o 8 s 8 0 0 4 8 s 8 E S o 8 8 ^a 8 o $ � ss � so � oogo 'ss o9 so ssc � sb � - g � IS9 ETl ,I IZ • _ n ' - - n c. .. m Qo _ om m • _ ,v .ten m .c :ig r I - r _ � c U© „� a R c� .J Q w N ✓i _ r m < w _ F V G t rIC 7 Jim r • V"` j = v a 61 �N t'a C K�n¢ C�.- U —N h 4 �N r f0 Cr� � �eM- � �`O'Ci C � �-N f W �".T �^ V' n C 'd • i a_ o • a . 5 - _ r m 6 O d O 0 I= a E N C T o U d C f O _ � `o a D � � a m • o � g a ; m rn i m •` 4 C O C _ AlO G T D W N O n m 0 O Dm all ` i o= 3 �'nv `c'� c- m 45, `m'DQ3iQ N " a a sr 3 D � a L L v�s = w n j u°i rn a a� � m x m m m °' m o a - oOrnQm � c.m o ro—o Gc aml' o` F � m - U [� D _ W 6� C [p m p a 3_L Q` m O N C E L 6 Q'C 2 � •Cp `3''n N rc O ��_ � c 0a E $ S m C_'___ m= `^" 2` �D N mi nC R Qa ;a OrrnD i ; f S _ mc> wm_e 2 wZ M1 x2dorc m o aQ cnv • • • i Kent City Council Meeting Date March 7, 2006 Category Consent Calendar 1. SUBJECT: PURCHASE OF LADDER TRUCK—AUTHORIZE 2. SUMMARY STATEMENT: Authorization for the Mayor to sign a purchase • contract for a 100' aerial ladder truck from Pierce Manufacturing. • The Fire Department's first line ladder truck, which is 10 years old, has reached the end of its first line life span and is scheduled to go into reserve status. After receiving approval to purchase a 100' aerial ladder truck from Pierce Manufacturing on a sole source basis from Mayor White, Fire Department staff has completed purchase agreement negotiations with Pierce Manufacturing. The City's Attorney's office has reviewed and approved the purchase contract. • 3. EXHIBITS: Sole Source authorization and purchase contract from Pierce Manufacturing • 4. RECOMMENDED BY: Public Safety Committee 2/16/06 (Committee, Staff, Examiner, Commission, etc.) i 5. FISCAL IMPACT • Expenditure? X Revenue? _ Currently in the Budget? Yes X No . If no: . Unbudgeted Expense: Fund Amount $ • Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: • i Councilmember moves, Councilmember seconds • • DISCUSSION: • • ACTION: Council Agenda Item No. 6G i • • FIRE DEPARTMENT �400 Jim Schneider, Fire Chief . KE N-r Phone 253-8564300 o Fax 253-856-6300 Address 24611 116th Ave SE Kent,WA 98030-4939 • DATE: February 16, 2006 • TO: Public Safety Committee FROM: Jim Schneider, Fire Chief M IviOTION: Move to recommend that Council authorize the Mayor to sign contract for the purchase of a h 00-foot ladder trick. SUMMARY: Our first line ladder truck, which is 10 years old, has reached the end of its first tine life span and is scheduled to go into reserve status. We received approval to purchase a 100-foot aerial ladder truck frorn Pierce Manufacturing on a sole source basis from Mayor White We have completed negations with Pierce Manufacturing on the specifications and puichase contract and are iequestuig authority for Mayor Cooke to sign the purchase contract The City's Attoinev's office has reviewed and approved the purchase • contract. EXHIBIT: Sole Source Authoi ization tceived from Mayor White Purchase contract with Pierce Manufacturing BUDGET IMPACT: $936,000 as approved in the 2006 Apparatus Replacement Fund. . Kent Council Public Safety Committee February 16 201)6 FIRE DEPARTMENT • Jim Schneider,Fire Chief • 000 o Phone:253-856-4300 KEG T Fax: 253-856-6300 WASHINGTON Address: 246 t 1 116"Ave. SE • Kent, WA. 98030-4939 • August 11, 2005 To: Mayor Jim White Through: Mike Martin, Chief Administrative Officer • From: Jim Schneider, Fire Chief • Regarding: Single Source Procurement—Pierce Manufacturing ladder truck and hazardous material unit. • The City's Fire Department is requesting a waiver, pursuant to KCC 3.70.080, of the • City's procurement ordinance as negotiation with a particular supplier is appropriate due to the specialized needs of the Fire Department. The Kent Fire Department has been extremely diligent in purchasing high quality fire S vehicles at the lowest possible price. The Apparatus Maintenance Division of the Fire Department has been instrumental in demanding that the vehicles purchased by the Fire Department are built to the highest standards of quality. . There have been two recent instances where apparatuses purchased by the Fire . Department have failed to meet the department's quality standards. First, in 1996, the City purchased two pumpers from BME, Inc., who was the lowest bidder. Both pumpers had major defects, and after a year of negotiations and a lawsuit, the matter finally settled with the City . rejecting;the pumpers and being fully reimbursed. In April,2004,the City took delivery of an aid car from Road Rescue. However,that aid a car was rejected and returned because it had numerous defects that Road Rescue was unable to cure. • With the exception of the two pumpers that were purchased from BME and later rejected, the City has purchased its pumpers and aerial ladder trucks from Pierce Mavufacturing, Inc., since the 1970s. The City has become accustomed to Pierce's high standards and its dedication i to quality. The Fire Department would like to contract with Pierce for the purchase of a ladder truck and hazardous material unit to replace a ladder truck and hazardous materials unit that has reached the end of it's service life. These units are identified to be replaced in 2006 in the fire • apparatus replacement plan. The Fire Department is confident that Pierce can provide the City . with the same quality it has come to expect of its heavy apparatus. Memorandum: Mayor Jim white August 11,2005 • Page: 2 . It is advantageous for the City to stock its fleet with the same or similar vehicles because ! it is easier to stock parts and mechanics become familiar with the design of the vehicle, making maintenance more efficient. Moreover, Fite Department personnel who operate and utilize • heavy fire apparatus can easily transition from one apparatus to another when the apparatus are designed using the same chassis and similar features. By this memo, the Fire Department requests that you determine the bidding process • usually required by KCC 3.70.030 and .040 is not in the best interests of the City and that you • authorize the Fire Department to enter into direct negotiations with Pierce Manufacturing for the purchase of a ladder truck and hazardous material unit. In the event the Fire Department • successfully negotiates a purchase contract with Pierce Manufacturing, the contract will be ! brought before the Public Safety Committee and the City Council for approval. If you approve , of t he F ire D epartment's r equest for a w aiver o f t he C ity's p rocurement p olicies, p lease n ote ! your approval by signing below. ! Thank you. c • White, Mayor Date • • • • • • • • • i • • • i AGREEMENT BETWEEN THE CITY OF KENT AND PIERCE • MANUFACTURING FOR THE PURCHASE OF A TRACTOR- DRAWN TILLER WITH A 100' AERIAL THIS AGREEMENT is made and entered into by the City of Kent, a Washington municipal corporation, with its principle offices at 220 Fourth Avenue S , Kent, WA 98032- 5895,hereinafter"City,"and Pierce Manufacturing. P.O Box 2017.2600 American Drive . Appleton, WI 54913. hereinafter"Pierce,"and Hughes Fire Equipment , 910 Shelly Street Springfield OR. 97477 hereinafter"Vendor," with its principle place of business at Springfield, Oregon. • WITNESSETH: That in consideration of the payments, covenants, and agreements • hereinafter mentioned, to be made or performed by the parties hereto, the parties covenant and • agree to the following: 1. Term—Agreement. • The tern"Agreement"as used herein, shall constitute this document entitled"Agreement between the City of Kent and Pierce Manufacturing for the Purchase of a Tractor— . Drawn Tiller With a I00' Aerial " Attachment A, entitled"Minimum Specifications for a Tractor—Drawn Tiller with a 100' Aerial," and Attachment B, entitled "Drawings" and Attachment C,entitled "Pierce Manufacturing Proposal" and +� Attachment D,entitled "Pierce's Build Sheet" 2. Term,-"Tractor-Drawn Tiller". This Agreement is for the purchase of one(1)Tractor—Drawn Tiller that conforms to the terms of this Agreement. • 3. Scope of Work. Vendor agrees to build and deliver to the City one (1) fully functional Tractor—Drawn • Tiller that meets the specifications set forth in this Agreement and its various S attachments. The City promises and agrees with Vendor to engage Vendor to provide the Tractor— Drawn Tiller as described in this Agreement and to complete and finish the same • according to the plans and specifications set forth in this Agreement and Attachment A. • February 3,2006 Page I • • The parties agree that the Tractor-Drawn Tiller will confortn with all ederA Dep4rtment,ofTransporfation rules'arid 'regulatignsiu effect of d i"ilie-of sigm j fil e r AgreeiiieYif, and�' ith all Nati8iWFif6-Pr6tectio'n Association guidelines for Automotive _ Y "pro hw*k-'K x"i,-Via'%^.,_ • �ts,, r �gn :'? Fixc Apparatus as pubhsiied al,the'time=al signing oftlus %greernent 4. Delivery and Risk of Loss. Vendor agrees to deliver to the City one(1) fully functional Tractor-Drawn Tiller, free • of defects, that conforms to the specifications set forth in this Agreement within . calendar days from the date of signing of this Agreement, F.O.B. Kent, WA. The risk of loss for any defect or damage to the Tractor-Drawn Tiller shall remain with Vendor until the Tractor-Drawn Tiller is accepted by the City. Vendor shall, at the request of the City,provide a representative to demonstrate the • operation of the Tractor-Drawn Tiller and to train and instruct City representatives • regarding the operation of the Ti actor-Drawn Tiller at the time of delivery. 5. Time is of the Essence. The City and Vendor agree that time is of the essence in the performance of this Agreement. r 6. Pavment and Options. . The total amount to be paid for the Tractor-Drawn Tiller is $ ,plus any applicable sales tax. Payment shall be made within thirty(30) days of acceptance of the Tractor-Drawn Tiller by the City. Payment shall he made by the City directly to the party designated on the invoice. 7. Preconstruction Vendor shall provide and pay the expenses for travel by air, meals, and accommodations for Four(4)representatives of the City to sit down with the manufactures representatiNes at their facility to go over the specifications so all parties have a clear understanding of the cities Proposal. February 3,2006 Page 2 • • • • • • . 8. Inspection. The City is entitled to inspect the Tractor—Drawn Tiller at three (3) different stages. The • inspections shall include: (i) a mid-construction inspection prior to painting the Tractor— Drawn Tiller ; (6) a final construction inspection prior to Leaving the factory; and (iii) a . post-delivery final inspection With the exception of the post-delivery inspection, the ' inspections shall occur at the Vendor's manufacturing site. Vendor shall provide and pay the expenses for travel by air, meals, and accommodations for Four(4) representatives of • the City for each of the inspections that occur at the Vendor's manufacturing site. The • City representatives shall, at a minimum, be afforded twenty four (24) hours of time to . inspect the Tractor—Drawn Tiller during the mid-construction,pre-paint inspection and • the final construction inspection Additional inspection time shall be afforded for the inspection of any item that is discovered by a City representative to be defective. All deficiencies shall be corrected prior to the apparatus leaving the manufactures facility. • The manufacturer shall cover all expenses of the Kent Fire Department personal if the • apparatus is not ready at the end of the Twenty four(24) hour final inspection. If the • deficiencies are not corrected within three days, the manufacturer shall fly the Kent Fire Department personal home. Once the deficiencies are corrected the manufacturer shall • notify the Kent Fire Department and fly Two (2) of it's representatives back to the manufacturer's facility to re -inspect The manufacturer shall cover meals, lodging. • Inspection periods shall include only the time that City representatives actually spend at • the Vendor's manufacturing facility inspecting the Tractor—Drawn Tiller. • There shall be a post-delivery final inspection conducted at the City's premises to ensure that the Tractor— Drawn Tiller conforms to the terms of this Agreement and passes all • inspections and tests as required by the City or other laws or regulations. The initial post- delivery inspection and testing shall be completed within thirty (30) days of delivery of the Tractor—Drawn Tiller In the event the Tractor—Drawn Tiller fails to meet the tests • as required by the City on first trials, second trials may be conducted by the City, at the sole option of the City, within thirty(30) days from the date of the first trials. Such trials • shall be final and conclusive. • • Vendor specifically agrees that its failure to afford the City the opportunity to inspect the • Tractor—Drawn Tiller pursuant to the terms of this Agreement shall be sufficient cause, • in and of itself, for the rejection of the Tractor—Drawn Tiller. Notwithstanding any right of inspection,Vendor shall notify the City of any known or . discoverable defect in the Tractor—Drawn Trl ler that exists on the date the Tractor— Drawn Tiller is delivered. • • • February 3,20M page 3 • • • • • 9. Acceptance. S Acceptance of the Tractor—Drawn Tiller shall occur after the Tractor—Drawn Tiller passes post-delivery inspections and tests The fact that the City uses the Tractor—Drawn Tiller for the inspection and tests shall not constitute acceptance. 10. Rejection. The City reserves the right to inspect the Tractor—Drawn Tiller for any defects, irregularities, non-conformities, and defects in workmanship and appearance, and to reject a nonconforming or defective Tractor—Drawn Tiller. The City will notify Vendor of the rejection of the Tractor—Drawn Tiller in writing. The City will also provide . Vendor with a written description of the reason(s) for rejection. The City will hold the Tractor—Drawn Tiller in its possession with reasonable care at Vendor's disposition for a time sufficient to permit Vendor to remove the Tractor—Drawn Tiller. If Vendor gives no instructions within a reasonable time after notification of the rejection, the City will • store the Tractor—Drawn Tiller at Vendor's expense and such expense shall become a . security interest in favor of the City. The parties understand that in the case of rejection, the City is not required to store the Tractor—Drawn Tiller in an enclosed area. 11. Cure. • If the City has rejected the Tractor—Drawn Tiller for a defect or non-conformity, or the Tractor— Drawn Tiller has or develops a defect after acceptance of the Tractor—Drawn . Tiller, Vendor shall have thirty (30) days to cure the defect. provided, Vendor provides • the City written notice of Vendor's intent to cure the defect and assures the City that ii is capable of curing such defect. The City shall notify Vendor in writing of its discovery of any defect within thirty (30) days of the actual discovery of the defect. The cure of the defect shall be at the sole expense of the Vendor, and Vendor shall cover all costs of such • cure. In the event the cure requires that the Tractor—Drawn Tiller to be transported - , beyond the limits of the State of Washington, Vendor shall, in addition to covering all ' costs of such cure,pay to the City $0.40 per mile that the Tractor— Drawn Tiller is driven to cover the wear and tear on the Tractor—Drawn Tiller. • Unless otherwise agreed to in a separate writing signed by the parties, Vendor shall have one opportunity to cure each defect for which it has been placed on notice or which Vendor discovers. Any agreement to cure defects of the Tractor—Drawn Tiller shall not • constitute a settlement of claims brought pursuant to the terms of this Agreement. If, at any time, Vendor discovers a defect,Vendor shall, within two (2) days of discovery, notify the City of such defects in writing and shall cure such defect, if Vendor so chooses, pursuant to this section. February 3,2006 page 4 • • • 12. Warrantv. Vendor warrants and guarantees that the Tractor—Drawn Tiller will be manufactured in aceoidanee with the specifications set forth in this Agreement. Vendor further warrants that the Tractor—Drawn Tiller shall remain fiee from defect or malfunction for a period of One (1) years ,PROVIDED, that in the event any warranty that appears in the attachments to this Agreement, or a warranty issued by a component manufacturer, • extends beyond One (1) years years, the length of the warranty in that attachment or issued by the component manufacturer shall prevail and shall not be limited by this paragraph. • The implied warranties of merchantability and fitness for a particular purpose,as set forth in sections 62A?-314 and-315 of the Revised Code of Washington, shall apply to the 'Tractor—Drawn Tiller. These implied warranties shall apply even though they may be disclaimed in an attachment to this Agreement or other documents supplied by the vender, such that this section shall prevail over such disclaimer, and such disclaimer shall not apply.The inspection of or failure to inspect the Tractor— Drawn Tiller shall not . constitute a waiver or cancellation of the implied warranties If the Tractor—Drawn Tiller or any component,unit, or subsystem is repaired,rebuilt, or replaced pursuant to this Agreement, such warranty work, component. unit, or subsystem shall have the remaining unexpired warranty of the original component, unit or subsystem, or a warranty of six (6) months which ever period is longer. Vendor shall provide all paperwork relating to warranty coverage of the Tractor—Drawn Tiller or their components to the City upon delivery of the Tractor—Drawn Tiller. . The warranty periods set forth in this Agreement shall not begin to run until the Tractor— • Drawn Tiller is placed in service by the City The City will promptly notify Vendor of the date the Tractor—Drawn Tiller is placed in service and the mileage of the Tractor— Drawn Tiller when it is placed in service. The warranty period set forth in this Agreement shall not run during any period in which the Tractor— Drawn Tiller is not functional due • to a defect in the Tractor—Drawn Tiller so long as the City places Vendor on written • notice of the defect. In the event a component manufacturer requires that the purchaser register its purchase with the manufacturer to make effective a component manufacturer's warranty, Vendor . shall take all steps necessary to register such purchase with the component manufacturer. . In the event Vendor fails to properly register the City's purchase with the component • manufacturer,then Vendor shall assume the status of warrantor of such component as if such registration had occurred. The city's failure to discover any defect during any inspection, or at any other time shall not constitute a waver of the warranty applicable to • such defect. • February 3,2006 pap$ • • • • • 13. Performance Bond. Vendor shall provide and execute a performance bond for the full contract amount. This performance bond shall: (1) Be sighed by an approved surety(or sureties)that: a. Is registered with the Washington State Insurance Commissioner, and b. Appears on the current authorized Insurance List for the State of • Washington published by the Office of the Washington Insurance • Commissioner. (2) Be conditioned on and guarantee the faithful performance of the contract by Vendor within the prescribed time. (3) Guarantee that the surety shall indemnify, defend, and protect the City against any • claim of direct or indirect loss resulting from the failure: a. Of Vendor(or any of the employees, sub-contractors, volunteer sub- contractors of Vendor) to faithfully perform the contract, and • b. Of Vendor(or the sub-contractors)to pay all laborers, mechanics, sub- contractors, volunteers, material person, or any other person who provides supplies or provisions for carrying out the work. • (4) The City may require the surety companies on the Performance Bond to appear • and qualify themselves.When the City deems the surety or sureties to be inadequate, it may, upon written demand,require Vendor to furnish additional surety to cover any remaining work. Until the added surety is furnished,payrnents on the contract will stop. (5) The parties agree that no liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 14. Independent Contractor. • The parties intend that an independent contractor-employer relationship will be created by this Agreement. As Vendor is customarily engaged in an independently established trade that encompasses the specific service provided to the City, no agent, employee, representative, or sub-contractor of Vendor shall be or shall be deemed to be the February 3,2006 Page 6 • • • • employee, agent, representative, or sub-contractor of the City. In the performance of the work, Vendor is an independent contractor with the ability to control and direct the performance and details of the work,the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are . available from the City to the employees, agents, representatives, or sub-contractors of Vendor. Vendor will be solely and entirely responsible for its acts and for the acts of Vendors agents, employees, representatives, and sub-contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform similar work. 15. Non-Assignment. Vendor shall not assign this Agreement nor any part thereof,nor any monies due or to become due thereunder, without the prior written approval of the City. Vendor shall not • sublet any part of this Agreement without first having obtained the written consent of the • City to do so. IN CASE SUCH CONSENT TO SUBLET ANY PART OF THIS • AGREEMENT IS GIVEN BY THE CITY, IT SHALL IN NOWAY RELEASE VENDOR FROM ANY RESPONSIBILITY UNDER THIS AGREEMENT, AND VENDOR SHALL BE HELD IN ALL RESPECTS ACCOUNTABLE AS IF NO a CONSENT HAS BEEN GIVEN. VENDOR WILL BE REQUIRED TO GIVE • PERSONAL ATTENTION TO THE WORK THAT IS SUBLET. 0 16. Indemnification. Vendor shall defend, indemnify, and hold the City, it's officers, officials, employees, • agents and volunteers harmless from injury and all claims, inluries, damages, losses,and • suits including all legal costs and attorney fees arising out of or in connection with the • performance of this Agreement except for injuries and damages resulting from the sole negligence of the City, The City's inspection or acceptance of the Tractor—Drawn Tiller when completed will not be grounds to avoid any of these covenants of indemnification. S The provisions of this section shall survive the expiration or termination of this • Agreement. The City shall: (1)promptly notify Vendor of any claim for which • indemnification may be sought; (2) cooperate fully in the defense of suci, claim; and(3) permit Vendor to settle or compromise such claim on terms and conditions which, in good faith, it determines are appropriate. • 17. Insurance. Vendor shall procure and maintain for the duration of this Agreement,insurance of the types and in the amounts described below against claims for injury to persons or damage to property that may arise from or in connection with the performance of the work ' hereunder by Vendor, it's agents, representatives, employees, sub-consultants, or sub- 0 Febsuaryr 3,2006 Page 7 • 0 • 0 contractors. Before beginning work on the project described in this Agreement,Vendor shall provide a Certificate of Insurance evidencing: . Commercial general liability insurance written on an occurrence basis with limits no less than$1.000,000.00 combined single limit per occurrence and $2,000,000.00 aggregate for personal injury, bodily injury, and property damage. Coverage shall include but not be limited to: • Blanket contractual; products/completed operations/broad form property damage; • explosion; and employer's liability. THE INSURANCE MUST REFER TO THE PROJECT NAME, PROJECT LOCATION AND CONTAIN A BRIEF DESCRIPTION OF THE PROJECT. • ANY PAYMENT OF DEDUCTIBLE OF SELF-INSURED RETENTION . SHALL BE THE RESPONSIBILITY OF VENDOR. . The City, it's officers, officials, agents, and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of Vendor and a copy ofthe endorsement naming the City as an additional • insured shall be attached to the Certificate of hnsurance. . Vendor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is Made or suit is brought, except with respects to the limits of the insured's liability. Vendor's insurance shall be primary insurance as respects the City, and the City shall be given thirty calendar day's prior written notice by certified mail, return receipt requested, of any cancellation, suspension, or material change in coverage. i The City also reserves it's unqualified right to require, at any time for any reason, • proof of coverage in the form of a duplicate of the insurance policy with all endorsements of the insurance coverage. 18. Discrimination. • In the hiring of employees for the performance of work under this Agree~:ner t r sny sib- • contract hereunder, Vendor, its sub-contractors,or any person acting on behalf of Vendor or its sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory,mental, or physical disability, discriminate against any • person who is qualified and available to perform the work to which the employment • relates. 0 Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy S February 3,2006 Page 8 . Declaration,Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 19. Severability. If any term,provision,condition, or other portion of this Agreement, or it's application to . any person is held to be inoperative, invalid, or void,than the same shall not affect any • other term,provision, condition, or any other portion of this Agreement or it's application • to any person. 20. Cumulation of Remedies. •• All remedies available to either party for breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. . 21. Non-Waiver of Breach. • No term or provision hereof shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party, or waiver of, the breach of the other whether • expressed or implied shall not constitute a continuing waiver of or consent to, nor excuse • a different or subsequent breach. The failure of the City to enforce one portion of this • Agreement shall not constitute a waiver, or excuse the breach, of another portion of this Agreement. 22. Authoritv • Each party has full power and authority to enter into and perform this Agreement,and the person signing this Agreement on behalf of each party has been property authorized and empowered to enter into this Agreement. Each party further acknowledges that it has read this Agreement and understands and agrees to be bound by its terms. • 23. Choice of Law. Thi; Agreement shall be exclusively governed and controlled by the laws of the City of • Kent and the State of Washington, including, but not limited to, the State's Uniform • Commercial Code as contained in Chapter 62A.2 RCW. To the extent that this • Agreement conflicts with the provisions of Chapter 62A.2 RCW, the terms of this Agreement shall control Jurisdiction and venue for any action relating to this Agreement shall exclusively be in the Superior Court for King County, Washington. • February 3,2006 page 9 • • 24. Termination. This Agreement may be terminated in whole or in part: • (a) By the City if Vendor fails to deliver a conforming Tractor—Drawn Tiller within thirty(30) days after the tune for delivery specified in this Agreement or after thirty(30) days for a cure of any defect or non-conformity The City shalt notify Vendor of the termination,the reasons thereof, and the effective date. (b) By the mutual written agreement of the City and Vendor. The Agreement to terminate shall include the conditions of termination, the effective date, and in the case of termination in part,the portion to be terminated. After the effective date of termination, no charges incurred under this Agreement, or • terminated portions thereof. are allowable. 25. Liquidated Damages. Liquidated damages at a rate of$100.00 per calendar day shall be assessed against • Vendor for the late performance of any condition or term set forth in this Agreement. • Vendor's delay in the performance of any term of this Agreement shall be excused if the cause of such delay is beyond the control of, and without the fault or negligence of, Vendor, including severe weather, inability to obtain materials, strike, acts of god, acts of . the public enemy, acts of a government entity, fires, floods, and earthquakes. . 26. Notice to Proceed. Vendor shall commence all work immediately upon execution of the Agreement and shall provide a performance bond, a copy of an insurance policy(ies)\certificate(s), a copy • of the Equal Employment Opportunity Policy Declaration,and an additional insured • endorsement. 27. Sales Tax. The City shall be responsible for paying Washington State Sales Tax on the contract • amount at a rate that is current when and where the unit is purchased. Sales tax collected by Vendor will be subject to W AC 458-20-145, Special Rule No. 1. 28. Ownership and Title. • Upon acceptance of the Tractor—Drawn Tiller and payment by the City pursuant to this Agreement. ownership and title of the Tractor—Drawn Tiller shall pass to the City. Fdmary 3,2006 Page 10 • • • • 29. Modification. This Agreement may only be amended or modified by the mutual written agreement of the parties. All amendments or modifications shall be signed by both parties and be attached to this Agreement. 30. Standard of Performance. All work to be performed by Vendor shall be performed in a workman-like manner in accordance with generally accepted professional practices in effect at the time such work is performed. 31. Notices. Any notices to be delivered shall be directed to the attention of the following: • CITY: City of Kent Fire Department: Attention: Chief Schneider Chief Weatherill Tom Arnson City of Kent • 220 Fourth Avenue South Kent, WA 98032 32. Entire Agreement. • This Agreement constitutes the entire agreement between the City and Vendor.With the exception of properly executed written modifications, representations, either written or oral, that do not conform to the " modification" section of this Agreement, shall not be considered part of this Agreement. • 33. Conflict of Terms. The terms of this Agreement,including the Attachments, shall be read together. Unless otherwise specified in this Agreement,in the event that any of the terms of the Agreement including the Attachments conflict with each other, the following shall be the • order of precedence: The terms of this Document entitled"Agreement Between City of Kent and Pierce Manufacturing For the Put chase of Tractor—Drawn Tiller," shall take precedence over the terms of any other portion of this Agreement. Attachment A entitled "Minimum • Specifications for a Tractor—Drawn Tiller with a 100' Aerial," shall take precedence • February 3,2006 Page 11 • • • • • over Attachments B, C, and D. Attachment B entitled "Drawings," shall take precedence over Attachment C entitled "Pierce Manufacturing Specifications for a Tractor—Drawn • Tiller with a 100' Aerial," and Attachrnent D entitled "Pierce Manufacturing Build Sheet". IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year written below. If the dates written below do not coincide, the latest written date • shall act as the effective date of this Agreement. . 14UGHES FIRE QUIPMENT CITY OF KENT By: By: Print Name: an Hays Print Naive: Suzette Cooke Title: Sales e resentative Title: Mayor Date: Z ' Date: • PIERCE MANUFACTURING APPROVED AS TO FORM: • By: Print Name: Re ch Print Name: Arthur M. Fitzpatrick • Title: Vice President Title: Assistant City Attorney for • National Sales the City of Kent • Date: February 7, 2006 Date: ATTEST: By: • Brenda Jacober, City Clerk • We agree to the terms of this contract including and excepting those items listed • on the attached Addendum and Exceptions S Clarifications pages. 2 � � February 3,2006 Page 22 • • • • 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 contract 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 contract to adhere to An affirmative response is required on all of the • following questions for this contract 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 Crty's sole determination regarding suspension or termination for all or part of the contract, The questions are as follows: • I. I have read the attached City of Kent administrative policy number 1.2. . 2. During the time of this cone act I will not discriminate in employment on the basis of sex,race,color,national • origin,age,or the presence of all sensory,mental of physical disability, • 3. During the time of this contract the prime contractor will provide a written statement to all new employees and • subcontractors indicating commttment as an equal opportunity employer • 4. During the time of the contract I,the prime contractor,will actively consider hiring and promotion of women and minorities. 5 Before acceptance of this contract,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 7th of February 2006. By: . For: Pierce Kanufacturinq, Inc. Tttl, Vice President Na_ti_o_n_a_1__Sa_l_e_s Date: February 7, 2006 I � • CITY OF KENT • ADMINISTRATIVE POLICY • • • • NUMBER: 1.2 EFFECTIVE DATE:January 1, 1993 • • • • SUBJECT: MINORITY AND WOMEN SUPERSEDES April 1, 1996 • CONTRACTORS APPROVED BY Jim 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 their organization and, if bolding contracts with the City amounting to S 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 • pan of the contract 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. • • • • • • • • • • • • • • • • • CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT • This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the contract. I,the undersigned,a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contract for the contract known as that was entered into on the (date) between the fim 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 contract. Dated this day of 12004. • By: r. For: • Title: • Date- • • • • • �«tce February 6, 2006 City of Kent 400 West Gowe Street, 41h Floor Kent, WA 98032 RE: Proposal submitted 212/06 for one (1) Quantum 100' Heavy Duty Tiller Aerial Ladder Addendum to contract We agree to the terms of your contract with the following notations and exceptions attached: Pricing for the contract, per Ken Weatherill, will be as follows: $ 896,964.00 Proposal price for one (1) Quantum 100' Tiller Aerial Ladder - 8,730.00 Less chassis payment discount 4,61500 Less aerial device payment discount 11,255.00 Less payment upon completion at the factory discount 15,368 00 Less 80% pre-payment upon contract execution discount` $ 856 972 00 Total Contract Amount "Discount based upon either the City of Kent paying cash or leasing the unit through Oshkosh Capital. Payment of$717,552.00 to be made upon execution of contract with final remaining balance, including Washington sales tax and new vehicle tax to be paid upon completion of unit at the factory. A Performance Bond will be provided. Delivery is quoted at 245 to 275 calendar days (8 to 9 months) after execution of contract per the proposal submitted 2/2/06 With the penalty clause that we took exception to, remaining a part of the contract, 30 days must be added to the original delivery time quoted. All reference to Hughes Fire Equipment, Inc. will be removed from the contract documents. The contract is between Pierce Manufacturing, Inc and the City of Kent, Washington. Warranty verbiage to be changed from "$40/mile charge for warranty outside of City"to "covering warranty costs" per Pierce warranties. War • .._ . Please see "Exceptions & Clani ations" attached. • • • • I• • CITY OF KENT, WASHINGTON TRACTOR— DRAWN TILLER WITH 1 00' AERIAL • EXCEPTIONS & CLARIFICATIONS TO THE SPECIFICATIONS • AGREEMENT: 1. Page 3, Item 8 Inspection: Provisions have been included for three (3) inspection trips to the factory for four (4) City representatives Scheduling of trips will be coordinated with City representatives. 2. Page 5, Item 11 Warranty: Warranty for components replaced during the one (1) year warranty period will carry the remaining portion of the unexpired warranty of the • original component or ninety (90) days, whichever period is longer. 3. Page 8, Item 16 Insurance: Exception is taken to "and the City shall be given thirty calendar day's prior written notice by certified mail, return receipt requested, of any • cancellation, suspension, or material change in coverage. Exception is also taken to: The City also reserves it's unqualified right to require, at • any time for any reason, proof of coverage in the form of a duplicate of the insurance • policy with all endorsements of the insurance coverage. Please note- The cancellation section of the insurance certificate will reflect that • should any of the described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mad 30 days written notice to the Certificate Holder, but failure to do so will impose no obligation or liability of any kind upon the • insurer, its agents or representatives. 4. Page 10, Item 25: Exception is taken to the liquidated damages of$100 00 per day due to circumstances beyond our control such as ability to obtain necessary materials, • severe impendent weather, strike, etc If exception is not acceptable, 30 days will need to be added to the delivery time quoted. • SPECIFICATIONS: '= 5. Page 1, Item 3-Clarification: Every effort has been made to submit the proposal in the same sequence as the specifications, however it is virtually impossible to match it • exactly, as additional information is provided within the proposal than requested in the • specifications Please refer to the provided table of contents and the "Exceptions & Clarifications"for assistance in ease of checking compliance. • 6. Page 2, Item 13: Exception is taken to the liquidated damages of$100 00 per day • due to circumstck;ces beyond our control such as ability to obtain necessary materials, severe impendent weather, strike, etc. • 7. Page 10, Failure To Meet Tests #2: Exception is taken to the $100 00 per day liquidated damages. • 8. Page 13, GVW Rating: 2 Rear Tractor Axle will be 22,000 lbs. _ 3 Rear Tractor Axle will be 22,000 lbs. �[�f • 4 Gross Vehicle weight will be 89,600 Ibs Kent City Council Meeting Date March 7, 2006 • Category Consent Calendar 1. SUBJECT: CITIZENS EMERGENCY RESPONSE TEAM (CERT) KIT BULK BUY PROGRAM GRANT —ACCEPT AND AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to accept the Citizens Emergency Response Team (CERT) Kit Bulk Buy Program grant in the amount of$60,000 from King • County Office of Emergency Management and authorize the Mayor to sign the grant agreement • This reimbursable grant will be used to purchase standardized supplies for CERT kits. These funds will allow a standardized training regimen that will allow all CERT trained individuals to respond throughout King County under a consistent protocol. The King County Citizen Corps Steering Committee authorized the monies to provide the CERT program with supplies identified by the CERT workgroup. For the purpose of this • grant, qualifying programs are defined as programs which teach the entire eight-week CERT curriculum as outlined by the Federal Emergency Management Agency (FEMA). • Jurisdictions that teach the qualified CERT curriculum are entitled to one (1) CERT kit for each student trained during the grant period CERT trained individuals will not be given a kit, • but rather be assigned a kit to use while actively involved in a CERT program in King County. The Agreement with King County has been reviewed and approved by our City Attorney. • 3y EXHIBITS: Agreement 4. RECOMMENDED BY: Public Safety Committee 2/16/06 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X • Currently in the Budget? Yes No X • If no: Reimbursable grant not to exceed • Unbudgeted Expense: Fund V00036 6XXXX.2150 Amount $60,000 Unbudgeted Revenue: Fund V00036.53321 Amount $60,000 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: • ACTION: • Council Agenda Item No. 6H FIRE DEPARTMENT • : //■,�i Jim Schneider, Fire Chief K C N T Phone 253-856-4300 wa„,„o,o„ Fax 253-856-6300 Address 24611 116'�Ave SE Kent,WA 98030-4939 • DATE: February 16,2006 • TO: Public Safety Committee FROM: Jim Schneider, Fire Chief • MOTION: I move to recommend placing on the Consent Calendar of the March 7, 2006 Council Meeting, the acceptance of the CERT Kit Bulk Buy Program grant in the amount of $60,000 from King County Office of Emergency Management and authorizing the Mayor to sign the grant agreement. SUMMARY: The City's Emergency Management Division has received a rein nbursable grant in the amount of$60.000 from King County Office of Emergency Management to purchase standardized supplies that will be included in CERT kits. With funds received, a method of universal identification for all CERT trained individuals throughout King County will be implemented. This will allow interoperability of individuals who receive CERT training at different jurisdictions. The King County Citizen Corps Steering Committee authorized the monies to provide CERT programs within King County with supplies identified by the CERT workgroup For the • purposes of this grant, qualifying programs are defined as programs which teach the entire eight- week CERT curriculum as outlined by the Federal Emergency management Agency(FEMA). Jurisdictions that teach the qualified CERT curriculum are entitled to one (1) CERT kit for each • student trained during the grant period CERT trained individuals will not be given a kit, but rather be assigned a kit to use while actively involved in a CERT program in King County. The Agreement with King-County has been reviewed and approved by our City Attorney. EXHIBIT: Agreement between King County and City of Kent i BUDGET IMPACT: Reimbursable Grant not to exceed $60,000 Kent Conned Public Safety Committee February_ 16,2006 • • Citizen Corps FFY 05 CERT Kit Bulk Buy Program • • • AGREEMENT • King County and City of Kent; c/o, Division Chief Pat Pawlak. • (Grant Source FF 2005) • • This Agreement is executed between King County by and through its Office of • Emergency Management, and City of Kent, c/o Division Chief Pat Pawlak, a municipal • organization located in South King County under the FFY 2004 Citizen Corps grant program. • • INTRODUCTION • Emergency preparedness education is critical to the overall ability of communities to respond effectively to disasters. Emergency management agencies need to involve all • sectors of the community in preparedness education for overall outreach success to • establish an educated and prepared citizenry. An overall mission for King County is to promote disaster resistant communities through • excellence in service and partnerships. To that end, King County is partnering with the • Kent Emergency Management (a municipal organization) in King County to support • community and family disaster preparedness on a region-wide basis. The program will involve the purchase of CERT kits to be issued to citizen who complete and approved r CERT course, maintaining an inventory of supplies and record keeping. ! PURPOSE • This Agreement establishes the parameters by which Kent Emergency Management, c/o Division Chief Pat Pawlak, will perform the following: • With funds received, a method of universal identification for all CERT trained individuals throughout King County will be implemented. This will allow interoperability of individuals who receive CERT training at different jurisdictions. • The King County Citizen Corps Steering Committee authorized $60,000 to provide • CERT programs within King County with supplies identified by the CERT workgroup. • For the purposes of this proposal, qualifying programs are defined as programs which teach the entire eight-week CERT curriculum as outlined by the Federal Emergency Management Agency (FEMA). • • • • • • January 13, 2006 Page 1 of Citizen Corps FFY 05 CERT Kit Bulk Buy Program The CERT workgroup has identified a list of standardized supplies that will be purchased though this grant. The supplies identified by this proposal will be known as a "CERT kit." ACERT kit consists of: • Green Ratcheting Helmet • ■ Helmet Chin Strap ■ Goggles ■ Dust Mask ■ Whistle • Two pairs of Latex Gloves ■ Student Manual ■ Two Helmet Stickers ■ CERT Patch Jurisdictions that teach the qualified CERT curriculum are entitled to one (1) CERT kit for each student trained during the grant period. CERT trained individuals will not be given a kit, but rather be assigned a kit to use while actively involved in a CERT program in King County. Should an individual separate from the program they are required to return the supplies to the training jurisdiction. • Kent Emergency Management will be the point of contact for this grant request for $60,000, For the purposes of this proposal, the date at which the City of Kent receives the completed contract from King County Office of Emergency Management shall be referred to as the "funding date". • Bulk BUv City of Kent Emergency Management will follow the City of Kent's procurement policy to identify appropriate vendors. Once established, the vendors will be communicated to the CERT workgroup. Helmet Stickers/CERT Patches To implement universal identification of CERT trained individuals, additional helmet stickers and CERT patches may be available for agencies to distribute to previous CERT graduates. RESPONSIBILITIES With this agreement, Kent Emergency Management, (c/o Division Chief Pat Pawlak) agrees to the following terms and conditions for: • A. Purchase of CERT kits: B. Use of the reporting and invoicing procedures for the grant as specified by King S County • .January 13, 2006 Page 2 of 4 Citizen Corps FFY 05 CERT Kit Bulk Buy Program A. Program Deliverables This bulk buy program will be effective September 1, 2005 through March 31, 2007. Under this grant program Kent Emergency Management (c/o Division Chief Pat Pawlak) will: • Address all of King County by the program; . • Purchase CERT kits and distribute to jurisdictions teaching the CERT • curriculum; • Provide an activity report quarterly; starting March 31, 2006, through February 28, 2007; • Keep Office of Emergency Management Project Manager apprised of • activities via meetings, emails and phone calls; • Kent Emergency Management will maintain contact with King County OEM staff contact as needed to present challenges or obstacles in completing the scope of work; • Kent Emergency Management (c/o Division Chief Pat Pawlak) submit, a final report with the completion of the project and will detail performance, • problems, challenges, special initiatives to overcome, best practices, and final tallies of the project. • Kent Emergency Management will keep all records for transaction in the completion of the scope of work for a period not less than six years and will • avail these to grant auditors as requested. King County will perform as the administrative agency for the IFFY 2005 grant and will monitor the progress of the program and the deliverables for the grant. The grant of J 60,000 will be delivered in reimbursable increments. Kent Emergency Management will invoice King County for contractor suppo,t, staffing costs, and supplies expended in the performance of the grant. King County OEM staff will be available to consult on meeting deadlines, removing obstacles, and completing the scope of work. PROGRAM CONTACTS: King County Office of Emergency Kent Emergency Management Management Pat Pawlak, Division Chief Timothy E. Doyle, Project Manager 111 24611 116 Avenue SE 3511 NE 2nd Street Kent, WA 98030 Renton, WA 98056 Telephone: (253) 856-4405 Telephone: (206) 205-4071 E-mail: ppawlak@ci kent.wa.us Facsimile: (206) 205-4056 E-mail: timothy.doyle@metrokc.goy IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: • January 13, 2006 Page 3 of 4 Citizen Corps IFFY 05 • CERT Kit Bulk Buy Program • King County City of Kent • • • BY ! Director Suzette Cooke, Mayor • • • • Date Date • • Approved as to form: • • • King County Prosecuting Attorney Date • • • • • • • • • • • • • • i • • • • • • • • • January 13,2006 Page 4 of 4 • • Kent City Council Meeting Date March 7, 2006 Category Consent Calendar i 1. SUBJECT: NO PARKING AND 2-HOUR PARKING ORDINANCE —ADOPT 2 SUMMARY STATEMENT: Adoption of Ordinance No. repealing and readopting sections of the Kent City Code Sections 9.38.020, No Parking Zones, and 9.38.060, Two (2) Hour Parking Zones. Revisions to the Parking Code are necessary due to the development of Kent Station. These changes include parking prohibitions along Ist Avenue North, West Temperance Street, portions of Ramsay Way, portions of West Harrison Street, and portions of 2nd Avenue South Revisions to the Parking Code are also needed to adopt the parking prohibitions along Riverside Boulevard, and the South 228`h Street corridor, west leg. The revisions also include restricting parking to 2 hours duration along segments of Ramsay Way to facilitate parking turnover for the retail businesses in Kent Station. 3. EXHIBITS: Ordinance and Exhibit A, aerial photograph of the Kent Station parking revisions 4. RECOMMENDED BY: Council (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 a Item No. 61 Kent City Council Meeting • ORDINANCE NO. • AN ORDINANCE of the city council of the city of Kent, Washington, repealing and readopting sections 9.38.020 and 9.38.060 of the Kent City Code relating to two hour and no parking zones on certain designated streets within the city of Kent. . RECITALS A. The city council has previously established two hour and no parking zones within the city of Kent as authorized by state law. B. The existing Kent City Code sections 9.38.020 and 9.38.060 are • cumbersome and organized in no particular order. As additional two hour and no parking zones are necessary for the protection of the health, safety, and welfare of the public in relation to the Kent Station project, the city council desires to amend the Kent City Code to update its two hour and no parking zones and to organize their codification. • NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, • WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: • ORDINANCE SECTION 1. - Repea/er. Section 9.38.020 of the Kent City Code, entitled "No parking zones," is repealed in its entirety. • 1 Amend Ch. 9.38 KCC- • hvo-Hour&No Parking Zones • • • SEC77ON2. - Amendment. A new section 9.38.020, entitled "No parking zones," is added to the Kent City Code as follows: • • Sec. 9.38.020. No parking zones. At such time as the traffic engineer shall place the appropriate sign or signs, it shall be illegal to park any motor vehicle or other vehicle, as those terms are defined in Chapter 46.04 RCW, at any time upon • and on either side of, unless otherwise indicated, the following roadways or portions • thereof: • 1. 15` Avenue North: from the intersection of West James Street to the north end of 1' Avenue North, east side only. • 2. PS Avenue North: from West James Street to West Smith Street. • 3. 2'd Avenue North: from West Smith Street to West Harrison Street. • 4. 2'Avenue North: from South 228th Street to south end of street. 5. 4' Avenue North and South: from SR 516/West Willis Street to South • 228th Street. • 6. P Avenue North: from West James Street to north end of 51h Avenue • North. • 7. e Avenue North: from South 228th Street to south end of street. • 8. e Avenue South: from West Meeker Street to West Gowe Street. • • 9. 2e Avenue South both sides from South 272"d Street to 500 feet • north of South 272"d Street and on 26th Avenue South from South 272"d Street to end of 26th Avenue South, east side only. 10. 210 Avenue South: from South 24P Street to end of 27th Avenue • South. • 11. 2P Avenue South: from South 240th Street to end of 281h Avenue • South. 12. 3&' Avenue South: from South 2401h Street to Kent-Des Moines Road • (SR 516). • 13. 3e Place South: from South 272"d Street to 35th Lane South. i 14. 42'0'Avenue South: from Reith Road to South 2601h Street. • 15. 54''Avenue South: from South 228th Street to South 2261h Street. • • 2 Amend Ch. 9.38 KCC- • Two-Hour&No Parking Zones • • i • • • • • 16. 580 Place South: from Russell Road to South 194`h Street. 17. 5e Place South: from South 226`h Street to south end of 58`h Place • South. • 18. 627d Avenue South: from South 190"' Street to South 196`h Street. 19. 64''Avenue South: from south end of road to South 212`h Street. 20. 6e Avenue South: from South 196`h Street to South 190`h Street. • 21. 72""'17O0 Avenue South: from South 228`h Street to South 180`h Street (43'd Avenue South). • 22. 74" Avenue South: from South 259`h Street to West Willis Street (SR • 516). 23. 76 h Avenue South: from South 228`h Street to South 212`h Street. • 24. 7,70 Avenue South: from South 212`h Street to north end of road. • 25. 8O0 Avenue South: from South 180`h Street (43rd Avenue South) to r South 196`h Street, and 80`h Avenue South from South 200`h Street to South 208`h • Street. • 26. eh Place South: from 801h Avenue South to 84`h Avenue South. • 27. 81'*Avenue South: from South 200`h Street to South 196`h Street. • 28. 81d Avenue South: from South 228`h Street to South 224`h Street. 29. 84h Avenue South/East Valley Highway/Central Avenue North/Central • Avenue South: from South 180`h Street (43`d Avenue South) to the Green River • Bridge. 30. 88"'Avenue South: from East James Street to South 218`h Street. 31. 94"Avenue South: from Canyon Drive to South 240cn • 32. 91h Place South: from Canyon Drive to 100`h Avenue Southeast. • 33. 100"'Avenue Southeast. from Southeast 248`h to the north City limits. • 34. 101s` Avenue Southeast from Southeast 256`h Street (SR 516) to • Southeast 260`h Street. • 35. 1O2'0 Avenue Southeast. from Southeast 240`h Street to the north end • of 102"d Avenue Southeast. 36. 104E Avenue Southeast (SR 515J: from Southeast 272nd Street to north city limits. • 3 Amend Ch. 9.38 KCC- • 7Wo-Hour&No Parking Zones • • • 37. 1O80 Avenue Southeast from Southeast 281st Street to Kent-Kangley Road (SR 516). 38. 10e Avenue Southeast. from Southeast 244th Street to Southeast 236th Place. 39. 109"' Avenue Southeast. from Southeast 2561h Street to Southeast 248th Street. 40. 112"' Avenue Southeast from south end of 112th Avenue Southeast to • Southeast 232"d Street. 41. 114h Avenue Southeast. from Kent-Kangley Road to south end of street. 42. Ile Avenue Southeast. from Southeast 227th Place to Southeast 274th Way. 43. IIl'th Avenue Southeast from Southeast 2441h Street to end of street. 44. 118th Court Southeast from Southeast 244th Street to end of street. 45. 1190 Court Southeast from Southeast 2441h Street to end of street. • 46. 1190 Way/1204h Place Southeast. from Southeast 244th Street to Southeast 244th Street. 47. 12O0 Avenue Southeast from the gate on Southeast 2681h Street to Southeast 270th Street, north and east sides only. 48. 124h Avenue Southeast. from Southeast 2481h Street to Southeast 282"d Street. S 49. 132"" Avenue Southeast. from Southeast 236th Street to Southeast 2881h Street. • 50. 1400 Avenue Southeast. from Southeast 256th Street to Southeast 2601h Street. f 51. 1440 Avenue Southeast from Kent-Kangley Road (SR 516) to Southeast 288th Street. 52. 148`h Avenue Southeast from Southeast 256th Street to Southeast 240th Street. 53. 1481h Avenue Southeast/152nd Way Southeast. from North City Boat Ramp to Kent-Kangley Road (SR 516). • 4 Amend Ch. 9.38 KCC- • Two-Hour&No Parking Zones . • 54. 152d Avenue Southeast/152'd Way Southeast. from Kent-Kangley Road (SR 516) to SR 18. 55. Alder Lane/South 2627d Street. from Central Avenue South to 500 feet east of Central Avenue South. 56. Cambridge Way.,200 feet south of South 262"d Street, west side only. i 57. East Canyon Drive. from Hazel Avenue North to 1015t Avenue • Southeast. • 58. East Gowe Street/West Gowe Street. from Railroad Avenue South to ist Avenue South. 59. East Gowe Street: from Railroad Avenue South to Central Avenue South, south side only, and from Central Avenue South to Kennebeck Avenue South. 60. East Harrison Street. from 140 feet west of 4t" Avenue North to 41' Avenue North, south side only. i 61. East Meeker Street/West Meeker Street. from Railroad Avenue South • to 1" Avenue South. i 62. East Pioneer Street. from one hundred seventy (170) feet east of • Central Avenue to State Avenue, south side only, and from Central Avenue South to two hundred (200) feet east of Central Avenue, north side only. 63. East Pioneer Street. from Railroad Avenue North to Central Avenue North. 64. East Titus Street from V Avenue South to 4tn Avenue South, north side only; police vehicle parking only. 65. East Titus Street. from West Gowe Street to Reiten Road South, southeast side only. • 66. East Titus Street/West Titus Street. from Railroad Avenue South to 1't • Avenue South. 67. East Titus Street: from East Smith Street to Reiten Road South. 68. FragerRoadSouth: from West Meeker Street to South 204th Street. 69. Interurban Trail Street from Meeker Street to Smith Street. 70. KennebeckA venue South: from East Smith Street to East Ward Street. 71. Lake Fenwick Road from South Reith Road to South 272"d Street. 5 Amend Ch. 9.38 KCC— . nvo-Hour&No Parking Zones 72. Lakeside Boulevard East from South 240th Street to South 228Ih i Street. S 73. Lakeside Boulevard West. from Lakeside Boulevard East to South 228th Street. 74. Landing Way. from 64th Avenue South to West Valley Highway. 75. Lincoln Avenue North: from West Meeker Street to West James Street. • 76. Maple Street South: from Woodland Way South to Garfield Avenue • South, south side only. . 77. Military Road South/36`h Avenue South/Military Road South: from South 228th Street to South 272nd Street. 78. Novak Lane, from Central Avenue to west end of street. 79. Ramsay Way. from 4th Avenue North to 230 feet east of 4th Avenue North. 80. Ramsay Way. from 350 feet east of 4th Avenue North to 440 feet east i of 4m Avenue North, south side only. • 81. Ramsay Way. from 350 feet east of 4th Avenue North to 480 feet east of 4th Avenue North, north side only. . 82. Ramsay Way.•from 520 feet east of 4th Avenue North to 150 feet north of West Temperance Street. 83. Ramsay Way.-from West Temperance Street to West Smith Street. 84. Riverview Boulevard. from South 216th Street to South 232nd Street. 85. Russell Road South: from end of street at Green River Trail to West • James Street. 86. Russell Road South: from South 228th Street to South 212th Street. • 87. South 1881h Street from West Valley Highway (SR 181) to 72nd Avenue South, and South 188th Street from 801h Avenue South to west end of street . at BNSF Railway Company tracks. 88. South 19dh Street. from West Valley Highway to 72nd Avenue South, and South 190th Street from 80th Avenue South to west end of street at BNSF Railway Company tracks. 6 Amend Ch. 9.38 KCC— 71wo-Hour&No Parking Zones • ♦ • 89. South 192'd Street from the west end of the road to 84th Avenue South. i 90. South 194" Street. from 58th Place South to Wh Avenue South. 91. South 194h Street. from 84th Avenue South to west end of street at BNSF Railway Company tracks. 92. South 1960 Street/Russell Road/South 200h Street from SR 167 to • Orillia Road. • 93. South 200"' Street from 80th Avenue South to 84th Avenue South. • 94. South 202'0 Street. from 80" Avenue South to west end of street at BNSF Railway Company tracks. 95. South 204h Street from West Valley Highway (SR 181 ) to 72nd Avenue South. 96. South 206'Street. from 72nd Avenue South to 77th Avenue South. S 97. South 20e Street. from 80th Avenue South to west end of street at i BNSF Railway Company tracks. 98. South 20e Street. from 84th Avenue South to 96th Avenue South 99. South 212`n Street. from west city limits to east city limits. • 100. South 216`h Street from 64th Avenue South to 72nd Avenue South. 101. South 216' Street. from 84th Avenue South to the west end at BNSF Railway Company tracks. 102. South 21e Street. from 84th Avenue South to SR 167. 103. South 22dh Street from West Valley Highway (SR 181) to 72nd Avenue South. • 104. South 222'd Street from west end at BNSF Railway Company tracks to i SR 167. • 105. South 224�'Street from 83`d Avenue South to east end of road. . 106. South 226d'Street. from 54th Avenue South to 64th Avenue South. 107. South 22e Street. from Russell Road South to 83rd Avenue South. 108. South 231't Way:from Military Road South to Russell Road South. 109. South 2340 Street from West Valley Highway to east end of street. • 7 Amend Ch. 9.38 KCC— 1 TWo-Hour&No Parking Zones 110. South 236`h Street. from Lakeside Boulevard East to 64th Avenue South. 111. South 2400 Street. from 27th Avenue South to I-5. 112. South 252"d Street. from Canyon Drive (SR 516) to east end of road. 113. South 250h Street from 74th Avenue South to east city limits. 114. South 2600 Street/South 2590 Place South/Reith Road South: from SR • 99 (Pacific Highway South) to Kent Des Moines Road (SR 516). • 115. South 26e Street from Military Road South to Princeton Avenue South. 116. South 27270' Street from Lake Fenwick Road South to 42nd Avenue f South, north side only. 117. South 271h Street and Southeast 274'1 Way. from Auburn Way North to 116th Avenue Southeast. 118. South Central Place. from South 266th Street to the end of South Central Place. 119. Southeast236"' Street. from 104th Avenue Southeast (SR 515) to 108th Avenue Southeast, south side only. 120. Southeast 239h Street. from 102nd Avenue Southeast to 104th Avenue Southeast. 121, Southeast 244`h Street. from 120th Avenue Southeast to 116th Avenue Southeast. 122. Southeast24e Street in front of George Darnel's Elementary School. 123. Southeast 256th Street. from 101" Avenue southeast to 148th Avenue • Southeast. 124. Southeast 2600 Street. from 100'h Avenue Southeast/97th Place South S to 108th Avenue Southeast. 125. Southeast 26.7"Street. from 124th Avenue Southeast to 500 feet west of 124th Avenue Southeast. 126. Southeast 264h Street. from 124th Avenue Southeast to 127th Avenue Southeast, north side only. 8 Amend Ch. 9.38 KCC— . Two-Hour&No Parking Zones • • 127. Southeast 26101 Street from 102"d Avenue Southeast to 104th Avenue . Southeast, north side only. 128. SR 99 (Pacific Highway Southh from Kent Des Moines Road (SR 516) to South 272"d Street. 129. West Cloudy Street from 4th Avenue North to 5th Avenue North. i 130. West Gowe Street. from 6th Avenue South to 300 feet east of 6tt' • Avenue South. • 131. West Harrison Street 200 feet west of 2"d Avenue North to 2"d Avenue • North, north side only. 132. West Harrison Street from 170 feet east of 4th Avenue North to 4tn Avenue North. 133. West James Street/East James Street/South 246-0 Street/Southeast 2464'' Street. from Russell Road to 1481h Avenue Southeast. 134. West Meeker Street. from Kent Des Moines Road (SR 516) to 6th • Avenue South. 135. West Saar Street from west end of street to 4th Avenue South, south • side only. S 136. West Sam Street. from West Valley Highway (SR 181/Washington Avenue) to end of street. 137. West Smith Street/East Smith Street. from 64th Avenue South to Jason Avenue South. 138. West Temperance Street:from Ramsay Way to 1st Avenue North. 139. West Valley Highway South/Washington Avenue South/Washington Avenue North/68`h Avenue South: from south city limits to north city limits. • 140. West Willis Street/East Wil/is Street from 4th Avenue South to Central i Avenue South. 141. Woodland Way South: from East Maple Street to the driveway of Scenic Hill School. SECTION 3. -Repealer. Section 9.38.060 of the Kent City Code, entitled "Two (2) hour parking zones," is repealed in its entirety. 9 Amend Ch. 9.38 KCC- • Two-Hour&No Parking Zones SECTION 4. - Amendment. A new section 9.38.060, entitled "Two (2) hour parking zones," is added to the Kent City Code as follows: Sec. 9.38.060. Two (2) hour parking zones. Except for KCC 9.38.070 and permits issued by the city facilities manager under KCC 9.38.170, at such times as the director of public works or designee shall place the appropriate sign, it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of two (2) hours between the hours of 9:00 a.m. and 6:00 p.m. on either side of, unless • otherwise indicated, the following streets, public parking lots, public parking garages or portions thereof: • 1. Centennial Parking Garage:that portion of the first floor as posted. • 2. Gty Hall parking lot between City Hall and the Centennial Building:All , parking stalls unless otherwise posted. 3. First Avenue North and First Avenue South:from a point two hundred (200) feet north of West Meeker Street to West Titus Street. 4. Railroad Avenue North and Railroad Avenue South: from East James Street to East Meeker Street, east side only; and from East Meeker Street to East Gowe Street. 5. Ramsay Way:from 230 feet east of 4th Avenue North to 350 feet east • of 41h Avenue North. 6. Ramsay Way: from 440 feet east of 4th Avenue North to 520 feet east of 4th Avenue North, south side only. 7. Ramsay Way:from 480 feet east of 41h Avenue North to 520 feet east of 4" Avenue North, north side only 8. Ramsay Way. from 30 feet north of West Temperance Street to 150 feet north of West Temperance Street. , 9. Second Avenue North and Second Avenue South: from West Harrison Street to West Titus Street and the two (2) marked parking stalls on the east side of West Titus Street. 10. State Avenue North:from East Smith Street to East Meeker Street. 10 Amend Ch. 9.38 KCC— . hvo-Hour&No Parking Zones • • 11. West Gowe Street and East Gowe Street.,from Fourth Avenue South to >� Central Avenue South. 12. West Meeker Street and East Meeker Street.- from Fourth Avenue to State Avenue. 13. West Harrison Street.- from Fourth Avenue North to Second Avenue North. • 14. West Titus Street-from Second Avenue South to First Avenue South. . Provided, that this section shall not apply on Sundays or holidays. SECTION S. — Severability 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. SECTION 6, —Effective Date. This ordinance shall take effect and be in force . thirty (30) days from and after passage as provided by law. . SUZETTE COOKE, MAYOR ATTEST: S BRENDA )ACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 11 Amend Ch. 9.38 KCC- • TWo-Hour&No Parking Zones PASSED: day of March, 2006. APPROVED: day of March, 2006. PUBLISHED: day of March, 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 JACOBER, CITY CLERK V1�1gNINM1�WDeiY�MNek^3Z�mmtlmeSM[ • • • • • • • 12 Amend Ch. 9.38KCC- 71wo-Hour&No Parking Zones . t �71 � *'""'• .__ —"• 'm _ ;� kit., .. ti_ -* All • - .-.—.,... �, �± aPn'C . —..tee. 7:^yi ^s«M' Y z^,.,r ;.:.q�c�.,..�k:w. i �ii - e' `¢ 4 7 • .{ .'..8 a+; �^ n.«Y ..RL t a ^�S - .._ y'x 'S'9' �'�y.. �„ .:.w-' ...s - '^ .{ • • • • • • • • • Date March 7, 2006 Category Consent Calendar 1. SUBJECT: PROPOSED LID — SE 227TH PLACE SANITARY SEWERS, RESOLUTION SETTING PUBLIC HEARING DATE— ADOPT 2. SUMMARY STATEMENT: Adoption of Resolution No. setting a public hearing date of April 4, 2006, on the formation of a sanitary sewer L.I.D. for the twelve . properties shown on the attached map. 3 EXHIBITS: Public Works Director's memorandum, maps and resolution . 4. RECOMMENDED BY: Public Works Committee (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. 6J r S CITY OF KENT, WASHINGTON RESOLUTION NO A RESOLUTION of the City Council of the City of Kent, Washington, declaring its intention to order the construction of an 8" sanitary sewer system with 6" side sewer stubs to the property line for each of the twelve properties included • in the proposed local improvement district and to create a local improvement district to assess a part of the cost and expense of carrying out those improvements against the properties specially benefited thereby, and notifying all persons who desire to object to the improvements to appear and present their objections at a hearing before the City Council to be held on April 4,2006. • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, as follows: Section 1. It is the intention of the City Council of the City of Kent, Washington, to order the improvement of the properties within the area described in Exhibit A, attached hereto and by • this reference made a part hereof, by the construction of an 8" sanitary sewer system with 6" side sewer stubs to the property line for each of the twelve properties included in the proposed local . improvement district, as more fully described in Exhibit B, attached hereto and by this reference made a part hereof. • All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the Director of Public Works of the City and may be modified by the City as • long as that modification does not affect the purpose of the improvements. Section 2. The total estimated cost and expense of the improvements is declared to be $216,000 and all of that cost and expense shall be borne by and assessed against the property specially benefited by the improvements to be included in a local improvement district to be • established embracing as nearly as practicable all the property specially benefited by the improvements. Actual assessments may vary from estimated assessments as long as they do not . exceed a figure equal to the increased true and fair value the improvements add to the property. • i Section 3 The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement • district by mailing such notice at least fifteen days before the date fixed for public hearing to the i • owner or reputed owner of the property as shown on the rolls of the King County Assessor at the • address shown thereon, as required by law. The City Clerk also is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public • hearing to each owner or reputed owner of any lot, tract, parcel of land or other property outside of the proposed local improvement district that is required by the Federal Housing • Administration as a condition of loan qualification to be connected to the proposed improvements, by mailing such notice at least 15 days before the date fixed for the public • hearing to the owner or reputed owner of the property as shown on the rolls of the County Assessor at the address shown thereon, as required by law. • This resolution also shall be published in its entirety in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date i fixed for the public hearing. i Section 4. All persons who may desire to comment in support of or object to the • improvements are notified to appear and present those comments or objections at a hearing before the City Council to be held in the Council Chambers in the City Hall in Kent, • Washington, at 7.00 p.m. on April 4, 2006, which time and place are fixed for hearing all matters relating to the improvements and all comments thereon and objections thereto and for i determining the method of payment for the improvements. All persons who may desire to object 50635853 1 . • • thereto should appear and present their objections at that hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the date of passage of . the ordinance ordering the improvements in the event the local improvement district is formed. The written protest should be signed by the property owner and should include the legal • description of the property for which the protest is filed and that protest should be delivered to the City Clerk. . Section 5. The City's Director of Public Works is directed to submit to the City Council on or prior to April 4, 2006, all data and information required by law to be submitted. • Passed at a regular open public meeting by the City Council of the City of Kent, Washington, this 7`h day of March, 2006. . Concurred in by the Mayor of the City of Kent this day of March, 2006 • SUZETTE COOKE, MAYOR • ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: FOSTER PEPPER PLLC Special Counsel and Bond Counsel • 50635853 1 CERTIFICATION • I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows 1. The attached copy of Resolution No. (the "Resolution") is a full, true and correct copy of an Resolution duly adopted at a regular meeting of the City Council of the City held at the regular meeting place thereof on March 7, 2006, as that Resolution appears on the minute book of the City; and the Resolution will be in full force and effect immediately following its adoption, and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the • Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this day of March, 2006. CITY OF KENT, WASHINGTON • Brenda Jacober, City Clerk • S • • • • • Exhibit A • LID 360 • Lots 1 through 6, inclusive, and Lots 8 through 13, inclusive, in the plat of Sunny Hill, as recorded in Volume 70 of plats, page 41, records of King County, • Washington. • • ,,, ncri pg98 y ago0 • �� a44 •°°W 3F% e• i9 DD � � u�•e O�2 a a e Z w D O F$ ve 4• �e DD ;gp' TP`hoQoo+° . •spe�AL LAO411 '��*� • • • • • e�. • • • • • • • • • • • • • • • EXHIBIT °CB" L.I.D. 360 SE 227`h Place Sanitary Sewer (116`h Ave. SE to Approximately 535 feet East) SANITARY SEWER IMPROVEMENTS The proposed project is the construction of an 8" sanitary sewer system with 6" side sewer stubs to the property line for each of the 12 properties included in the L.I.D. boundary. • The construction will include 8" sanitary sewer at the following locations: ON FROM TO SE 227`h Place Existing manhole Approximately 500 feet approximately 95 feet East of 116`h Ave. SE west of 116`h Ave. SE r • • • • • • r • • • • ---P IL �� {--=- -� I l i i.--ter- -i I-� -rT - ('>,I�,�`'I �, `-• -- - I .L; - "- -e -J `-` I - I 1I_� I-', I T�_ , ti �!,1-- =�-I I I r-� lI I i ill Tt-- II L 1" S.E! 208TH IST I _ I - -II i- 3 I f -- - 1 i I �I ti r _ 1_ 0 I I- �1I ,1 II -- -h•\` 1 - I{ yli -1 I I-i �,III' ®j-j_- il, -rr(I-' 'ZfrF- W J, _I CI - rp L 11 I 1- I } x= F' _ w �� t II�—rLI'.i�--��,_� 1` I_� �.r• . 'L'i"`_ .�- -i - I rl r j 1�,�i`-r7_ -i:`;�'- _ I -� • _- d III C,`T' - ,-� -�/I i_.i� jl ' - I_i�l _ _-� I_ _I'1-iI L�. -Ce�L' '�<S'' I'_J r _i,` �� �4 • (� _ — -- �__L _-- ( -- - r- r I - Ll� ! nir�ll 11 l`j11 1 r,� 1 �� • l_-I �I' I__'__ _ ��-V '_�\` -_--�1_1-- - �'I 'FJ_°rJ, - Il r��JIJ�'�_?r[K r `\ Jy11-il - -+J F „, _ • - -,� `"f ir�✓ �r _i}_ _ —_ - I ,�.T- _ , r �i1- /��i�i\t���_'' +� �� • I "•` - _ 'I - - I - II � ' _ ~I_, - - =�_- L t , I�nlu f�TIC IIy I ITS /, - �'J-- LL1L-► — - T� 1- -��•_ ,� - -_---- I 11- yI'—I- i^ 1 1_ L.L�--- I -i r I I -Tri7T- -,i 'LI'`.• "�\ '--`L-1 --1' r I "f1--f '- J1_ _• ___ l �`l i 'r- _ PRO' -- - -' -. �� ,i'rr 'tll• i I I I _ — Loc , 1> f -_ Whind L •j T ,I , f l __ Il r I I a i -L _ rr_i' { -,'i �I-I J 7Z,.�je-7TL • IIJ'1--' I - n LL I __ L' -L_•j \I L}�= -� j ! „ I I ' tI Tero rp J� • J ' In J • 2 CITY OF KEHT ENGINEERING DEPARTMENT 400 W. OOWE ST KENT, WA. 98032 VICINITY MAP w `•/KENT S.E. 227TH PLACE (116TH AVE. S.E. TO 550 FT. EAST) • N FEBRUARY. 2006 N\1 KEN I ar- E =SOOS CREEK ----j--`90ZVICE A E 'WATER AND BOUND R -SEWER DISTRICT SEWER SERVICE BOUNDARY • CL Lit 5 4 6 BOUNDARY 1 1, (D 1i604- 1161112-1,116,22,,f-!- 5,' &�7,-K,1 16,3 6,�Ti 4' EXISTING �11' / /11j6,23 , A-Utr A RY 8 70 ��A--NITARY Ld @10 9 T"/f SEWER m NEW Sul SANITARY SEWER W -N, LEGEND ASSESSMENT NUMBER • LID PARCEL f SANITARY t SEWER C) MANHOLE QUESTIONNAIRE • RESPONSE: < PROCEED WITH LID FORMATION • U) • CITY OF KENT ENGINEERING DEPARTMENT 400 W. GOWE ST KENT, WA. 98032 SANITARY SEWER LID BOUNDARY MAP S.E. 227TH PLACE LU IT (I 16TH AVE. S.E. TO 550 FT. EAST) FEBRUARY. 2006 • PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • . Phone.253-856-5500 T Fax: 253-856-6500 K E N . WASH i N CDT o N Address: 220 Fourth Avenue S Kent,WA 98032-5895 • DATE: March 7, 2006 • TO: Mayor and City Council ' FROM: Tim LaPorte, Design Engineering Manager • VIA: Larry Blanchard, Public Works Director • SUBJECT: Resolution of Intent for L.I.D. 360: 227th Place SE Sanitary Sewer(116th Ave . to approximately 535 feet east) MOTION: Recommend adoption of the Resolution of Intent setting a public hearing date on the . formation of a sanitary sewer L.I.D. for the 12 properties shown on the attached map. SUMMARY: The City received a petition requesting information regarding a sanitary sewer local . improvement district for the above referenced street. The Engineering Department mailed • information and costs to the property owners and asked for input. A number of property owners asked that the City proceed with the formation process. The next step is for City Council to pass a Resolution of Intent and schedule a public hearing. • BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND: A petition was received signed by 7 of the_,12 property owners for the property on the east hill of • Kent shown on the attached maps. Subsequeutly, all property owners within the project area . were contacted and there appears to be adequate support to proceed with the L.I.D. formation. The project area is outside of the City limits but is within Kent's sewer service area. The City developed a proposal to service the twelve lots on 227th PI SE from 1161h Ave SE • easterly to Kent's sewer service boundary. A letter and information packet including costs were i mailed to each property owner. A Questionnaire was included with the information for the property owners to use to summit their input. Seven of the twelve lots (58.4%) indicated that they want to proceed with the L.I.D. formation. These parcels are indicated on the map. In • addition, one owner indicated that he will support what the majority of his neighbors want and one owner did not respond. The other three property owners do not want to proceed with the L.I.D. due to the expense. • The total L.I.D. assessment is estimated at$216,000. All lots are single family lots receiving one • side sewer connection so all are assessed equally. The estimated assessment is $18,000 per lot. The project area is an older residential area developed with septic systems. All twelve lots have homes. It is not known how many existing septic systems are technically in a state of failure if • any. However, due to the age of the septic systems (40 years old estimated) and the potential for • Public Works Committee I problems, the petitioners are wanting to upgrade now to sanitary sewer rather than waiting for problems to develop. Usually it is difficult to repair septic problems, especially on small single family lots such as these with limited space (11,340 sq. ft.). Using current Health Department criteria for septic systems approximately %a acre (21,780 sq. ft.) is the minimum amount of space • required assuming good soils. Sanitary sewers are usually the only feasible, economical and long • term method for addressing these potential problems, especially when numerous property owners in a neighborhood support sewer installation as is the case with this proposal. The Department of Public health has told us that the life expectancy of a septic system is twenty to thirty years depending on use and maintenance and that they are a short term disposal method until public sewers become available. These homes were built in the mid 1960's, therefore the project area has exceeded this time frame. These systems are at or are near the end of their useful life. The cost of septic repairs may also be as high as converting to public sewers. The • latest state codes make septic repairs more difficult and expensive. • The soil type within the project area is rated poor for septic system use. According to the Soil Conservation Service (US Dept. of Agriculture) soil survey for King County, the soil type as • mapped is rated "severe limitation" (worst case) for septic drain fields. The soil series is . designated as AgC (Alderwood gravelly sandy loam). This soil exhibits very low permeability below a depth of 24-40 inches and has a seasonal high water table less than 4 foot depth. Effluent and drainage move laterally over the shallow imperious layers. Effluent may come to the surface. . In addition to the need for sewers in this area to replace the old septic systems, there are environmental concerns. Septic systems are a threat to water quality, fish and wildlife and public health within the drainage basin(Garrison Creek) for this area. 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' Ali It (Ji-_�✓,I ,� y � II "I 'I I i��ij t, I J , ly � � i � � �I� IZ •-.I � � ._ ,.- • � j r ' } ; � y t 1: i _( •iJ � I ' L., � I I I'Lt I� . i L r.- � �� � J �-t . � / ,'71, I I ' I, ;II,') .?iiltl ;,'�l/i • 1 I (« ' I I I ( I I 1 • aI C" ov KCNr KNO MOM o PARTME r 400 W. o0we sT KOM WA. 91111032 • � \�� VICINITY MAP l�H S.E. 227TH PLACE • _ (IIGTH "E. S.E. TO 550 FT. EAST) • � reaNwR'r. Boos • 10 KENT S�V SODS CREEK SERVICE AlWATER AND t BOUND SEWER DISTRICT • I I SEWER SERVICE ra BOUNDARY ! . BO�)NDAR ' o a o ► .c� ' o • 11604 t1612 ' 1 63 1622 j 00 I'll 636,'11644 `-S.E. 7TH- L , ... IXiSTING_ _ '11605 11611 �11623 �11627 ; 11635 11645 • �SEI'l1ER 12 11 1 10 'I 8 ' Q 0 - MEW$w I I i I SANITARY BOVER , , - - � i LEGEND O1 ASSESSMENT NUMBER I LID PARCEL SANITARY SEWER • / ! y • MANHOLE . QUESTIONNAIRE • i - - RESPONSE: PROCEED WITH LID FORMATION • CRY OF KEW ENOME MM DEPARTMENT AOO W. *OWE ST KENT, WA. 98052 • SANITARY SEWER LID BOUNDARY MAP IT S.E. 227TH PLACE (116TH AVE. S.E. TO 550 FT. EAST) MORUARY, 3ODe . c� 0 Kent City Council Meeting • Date March 7, 2006 • Category Other Business 1. SUBJECT: DICKERSON REZONE ORDINANCE —ADOPT (QUASI-JUDICIAL) • 2. SUMMARY STATEMENT: The Council is considering adoption of an • ordinance relating to land use and zoning, specifically the rezoning of one parcel • totaling 1.94 acres of property from Single-Family, 4 5 units per acre to Single-Family Residential 6 units per acre. The property is located at 23507 98`" Avenue South. The Kent Hearing Examiner held a Public Hearing on February 1, 2006, and issued Findings, Conclusions, and a Recommendation for approval on February 15, 2006. 3. EXHIBITS: Ordinance; Hearing Examiner Findings, Conclusions and Recommendation; Staff report with map; and Determination of Nonsignificance • 4. RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No i If no: • Unbudgeted Expense: Fund Amount $ • Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: • Councilmember WYI moves, Councilmember U44,k seconds to adopt Ordinance No. , which accepts the Findings, Conclusions and Recommendation of the Hearing Examiner on the Dickerson Rezone. DISCUSSION: • ACTION: C Council Agenda Item No 7A • ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to land use and zoning, • specifically the rezoning of approximately 1.94 acres of • property located at 23507 981h Avenue South from SR-4.5 (Single-Family Residential, 4 5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Dickerson • Rezone, #RZ-2005-10) • RECITALS A. An application was filed on July 26, 2005, by David Malik to rezone approximately 1.94 acres of property located at 23507 98`h 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). (Dickerson Rezone, • #RZ-2005-10). B. The City's SEPA responsible official issued a Determination of Nonsignificance (DNS) (#ENV-2005-49) for the proposed rezone on December 9, 2005. C. A public hearing on the rezone was held before the hearing examiner • on February 1, 2006. On February 15, 2006, the hearing examiner issued findings • and conclusions that the Dickerson 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 Dickerson Rezone r 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 Dickerson Rezone. • E. On March 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 Dickerson 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 23507 98th Avenue South, Kent, Washington consisting of approximately 1.94 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, — Severabdity. 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 Dickerson Rezone • SECTION 3. — Effective Date. This ordinance shall take effect and be in force five (5) days from and after its publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: • TOM BRUBAKER, CITY ATTORNEY PASSED: day of March, 2006. • APPROVED: day of March, 2006. PUBLISHED: day of March, 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 JACOBER, CITY CLERK • P\Onl\ORDINANCE\Rezone-Dickerson doc • • • 3 Dickerson Rezone • • • • • r n n r-� n v �i � i - • Jr Z. vvA - AA • KIVA # 20OXXXX • • • w • N.T.S. 4i SITE y vi CO x g � • i • S.C. Z40TH ST. (JMES ST.) • VICIN17Y MAP • • • • • • • EXHIBIT "A" • • • • • • • • • • LEGAL DESCRIPTION: • THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST OUARTER • OF THE SOUTHEAST OUARTER OF SEC770N 18. TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT ROADS. AND EXCEPT THE • WEST ONE FIFTH OF THE FOREGOING DESCRIBED PREMISES; AND EXCEPT THAT PORTION LYING SOUTH OF THE SOUTH LINE OF THE NORTH 165.00 FEET THEREOF. • • • • • • • • • • • • • • • • • EXHIBIT "B" • • OFFICE OF THE LAND USE HEARING EXAMINER Theodore P Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: Dickerson Rezone #RZ-2005-10 KIVA #2052607 • APPLICANT: David Malik 1208 N. Central Avenue Kent, WA 98032 • RE UEST: A zoning map amendment to rezone tax parcel number 182205-9113 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: 23507 98th Avenue South • APPLICATION FILED: July 26, 2005 DETERMINATION OF NONSIGNIFICANCE ISSUED: December 9, 2005 MEETING DATE: February 1, 2006 • RECOMMENDATION ISSUED: February 15, 2006 RECOMMENDATION: APPROVED • STAFF REPRESENTATIVE: Matt Gilbert, Planning Services PUBLIC TESTIMONY: Aleanna Kondelis, Cramer NW, Inc., on • behalf of Applicant . Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Dickerson Rezone • #RZ-2005-10 KIVA #2052607 • Page 1 of 6 EXHIBITS: 1. Staff Report dated February 2, 2005, with Vicinity Map, • Staff Report Distribution List, and the following attachments: A. Rezone Application filed July 26, 2005, with responses to criteria • B. Department Routing Form (no comments) 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 December 9, 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 tax parcel number 182205-9113 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 1.94-acre parcel is located at 23507 98`h Avenue South, Kent, Washington. Exhibit 1, Staff Report, pages 1-2; Exhibit 1, Attachment A. 2. The subject property was annexed to the City of Kent on February 28, 1995 as part of , the 218-acre Beck annexation (Ordinance No. 3210). The City of Kent Comprehensive Plan that was adopted in April of 1995 designated the subject property as SF-6, Single Family Residential. The initial zoning for the subject property was set at R1-9.6, which is • equivalent to the current SR-4.5 zoning designation. Exhibit 1, Staff Report, page 2. • 3. Adjoining properties to the south, east, and west are zoned SR-6, and the adjoining property to the north is zoned SR-4.5. The surrounding neighborhood is characterized by medium-density single-family residential development, including the recently developed • Morgan's Place subdivision to the south and the Haupt/Supra short plats to the southwest. Pending development proposals, including the Beall Short Plat to the north, the DM subdivision to the west, and the Blakely Place Short Plat to the east would • further establish the medium-density residential character of the area. Rezoning the • subject property to SR-6 would allow for development that is compatible with these existing and future land uses. Exhibit 1, Staff Report, pages 2 and 8. 4. 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 (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 • Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent • Dickerson Rezone #RZ-2005-10 KIVA #2052607 Page 2 of 6 • designation is appropriate for the subject property. Exhibit 1, Staff Report, pages 2 and • 8, Gty of Kent Comprehensive Plan, Land Use Element — Land Use Map, Table 4.1; Testimony of Mr. Gilbert. • 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-9.4: 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 TR1.2: 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. 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 without converting single-family residential lands to multifamily residential lands. Future development of the subject property would require construction of street frontage improvements and payment of an environmental mitigation fee. Exhibit 1, Staff Report, pages 5-9. 6. Circumstances have changed since the City adopted the present zoning of the site. In 1995, the Beck annexation area was characterized by single-family residential . development on lots ranging from one to five acres in area. Residential densities have increased significantly in the vicinity of the subject property during the last several years. The increased density has been made possible by improvements to the sanitary sewer infrastructure. There are now sanitary sewer lines located to the north and west • of the subject property. Exhibit 1, Staff Report, pages 9-10; Testimony of Mr. Gilbert: • Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Dickerson Rezone • #RZ-2005-10 K1vA #2052607 • Page 3 of 6 7. The proposed rezone would facilitate future residential development of the subject property by allowing for smaller lot sizes. Based on the gross acreage of the subject • property, the maximum number of dwelling units that could be developed under current SR-4.5 zoning is 8, and the maximum number of dwelling units that could be developed under the proposed SR-6 zoning is 11. It is anticipated that fewer than 11 single-family residences would actually be developed on the subject property due to roadway and • other infrastructure requirements. The Applicant's environmental checklist discloses a proposal to divide the subject property into only seven single-family residential lots. Exhibit 1, Staff Report, page 2, Exhibit 1, Attachments A and E. 8. The subject property has frontage on South 234th Street, 97th Avenue South, and 98th Avenue South. 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 i strip, street lighting, paving, and storm drainage facilities, and payment of an environmental mitigation fee. Exhibit 1, Staff Report, pages 3, 4, and 9. 9. 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 December 9, 2005. The DNS was not a ppea led. Exhibit 1, Staff Report, pages 2-3; Exhibit 1, Attachment F. 10. Notice of the open record hearing was posted on the property, mailed to properties within 300 feet of the site, and published in King County3ournal in accordance with City ordinances. Exhibit 1, Attachment There was no public comment on the application. • 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 . Dickerson Rezone #RZ-2005-10 IGVA #2052607 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. 4 and 5. . 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 residential. The properties to the south, east, and west of the subject property are zoned for residential development at the same • density as requested by the Applicant. Future development of the subject property • would be compatible with existing and planned development in the vicinity of subject property. Finding No. 3. • 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 frontage improvements • and mitigation fees. Finding Nos. 8. 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 Wn.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 Wn. App. 840, 846; 899 P.2d 1290 (Div. 1, 1995). The proposed rezone is supported by significant changes in the level of surrounding residential development and by improvements to the sewer infrastructure. Findings Nos 3 and 6. 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. There was no public • comment on the rezone application. Findings Nos. 1, 3, 9, and 10. • Findings, Conclusions and Recommendation Hearnng Examiner for the City of Kent Dickerson Rezone • #RZ-2005-10 KIVA #2052607 • Page 5 of 6 RECOMMENDATION • Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the application for a rezone of King County Tax Parcel number 182205-9113 from SR-4.5 to SR- 6 be APPROVED. DATED this 15th day of February 2006. THEODORE PAUL HUNTER • Hearing Examiner . S S:\Permit\Plan\rezone\2005\2052607-2005-10findings doc Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent • Dickerson Rezone #RZ-2005-10 KIVA #2052607 Page 6 of 6 • COMMUNITY DEVELOPMENT Fred N Satterstrom, Director PLANNING SERVICES Charlene Anderson, AICP, Manager KEN T • WASHINOTOH 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 • February 2, 2005 • FILE NO: Dickerson Rezone • #RZ-2005-10 KIVA#RPP4-2052607 APPLICANT: David Malik . 1208 N Central Avenue Kent, WA 98032 • REQUEST: A Zoning Map Amendment (Rezone) for one tax parcel 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 1 94 acre site currently zoned SR-4.5, Single Family Residential to SR-6, Single Family Residential The site is Identified on S the City of Kent Comprehensive Plan Map as SF-6, Single Family/6 units per • acre. The current zoning has been effective since 1995 B. Location The subject property is located just north of the Morgan's Place subdivision The site is currently addressed as 23507 98`" Avenue South and identified as King • County tax parcel number 182205-9113. • Page 1 of 10 Staff Report Dickerson Rezone #RZ-2005-10 KIVA#RPP4-2052607 C Size of Property The subject property is approximately 1 94 acres. • D. Zoning/Comprehensive Plan The property is currently zoned SR-4 5 Single Family Residential The City of • Kent Comprehensive Plan designates the site as SF-6, Single Family (6 units/acre) Utilizing gross acreage, the SR-4.5 zoning designation would allows for the • development of approximately 8 single family detached units, as opposed to 11 single family units potentially allowed under the proposed SR-6 designation Due to the land area requirements associated with 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 two outbuildings Adjoining properties to the south, east and west are zoned SR-6, and SR-4 5 to the north The subject property, together with all other surrounding properties is designated SF-6, Single Family on the City's Comprehensive Plan Map i In recent years, adjoining properties located south and east of the subject site 5' have been rezoned from SR-4 5 to SR-6. Surrounding development is predominately medium-density single family • F. History The subject property was annexed to the City of Kent on February 28, 1995 as part of the 218 acre Beck annexation area (Ordinance No 3210) In April of the same year, the City of Kent adopted its Comprehensive Plan which designated . the entire area as SF-6, Single Family Residential Initial annexation zoning for • the subject site, as well as other surrounding properties was set at R1-9 6 (equivalent to the current SR-4 5 designation) II. ENVIRONMENTAL CONSIDERATIONS • A. Environmental Assessment Amending the City's zoning map is considered a "non-project" action under the State Environmental Policy Act (SEPA) A Determination of Nonsigni icance (ENV-2005-49) for the rezone proposal was issued on December 9, 2005 No . Page 2 of 10 • • Staff Report Dickerson Rezone #RZ-2005-10 KIVA#RPP4-2052607 conditions for this rezone request were proposed No comments or appeals were received pertaining to this determination i 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 subject site is virtually flat, with terrain that falls slightly from west to east The site contains no streams or other watercourses, wetlands or associated buffers Vegetation consists of various deciduous and evergreen trees and • shrubs, as well as grass C. Significant Social Features i 1. Street System . Three Residential Streets currently abut the subject site • South 234th Street, 97th Avenue South, and 981h Avenue South At full build-out, South 234`h Street will have a public right-of-way width of 50-feet, though the asphalt street is currently about 20-feet wide The existing street provides • for two very narrow lanes of traffic, but does not include the following other improvements cement concrete curbs & gutters, stormwater drainage system, cement concrete sidewalks, or a street lighting system . along the north side of the street A second public street having frontage along the subject development is . 97th Avenue South, which has an existing public right-of-way width of 50- • feet The asphalt street is currently 28-feet wide The existing street provides for two lanes of traffic, and does include the following other improvements cement concrete curbs & gutters, stormwater drainage • system, cement concrete sidewalks, and a street lighting system The third public street having frontage along the subject development is • 98th Avenue South, which has an existing public right-of-way width of 48- S feet The asphalt street is currently about 18-feet wide The existing street provides for two lanes of traffic, but does not include cement concrete sidewalks, curbs & gutters, a stormwater drainage system, or a street • lighting system All three streets are classified as Residential Streets within the City's • Comprehensive Plan, which upon future development 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 & gutters, a 5-foot wide • Page 3 of 10 Staff Report • Dickerson Rezone #RZ-2005-10 KIVA#RPP4-2052607 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 • 2 Water System • Water service is provided by the City of Kent and is currently available System improvements will be necessary to accommodate any future development. • 3. Sanitary Sewer System Sanitary sewer service is currently provided by the City of Kent. A new main was extended to serve the subject site as part of the 2004 Morgan's Place subdivision 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 i Comprehensive Plan • III CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application City Administration City Attorney • Public Works Department Police Department • Fire Department King County Transit Div. City Clerk Qwest King County Environmental Health U S Postmaster a WA Dept of Ecology Puget Sound Energy WA Dept of Transportation Kent School District King County Wastewater Treatment Div • In addition to the above, all persons owning property which lies within 200 feet of the site were notified of the application and of the public hearing No public comments were received pertaining to this proposal. Page 4 of 10 • . Staff Report Dickerson Rezone #RZ-2005-10 KIVA#RPP4-2052607 • 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 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 • Page 5 of 10 Staff Report • Dickerson Rezone #RZ-2005-10 KIVA#RPP4-2052607 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 a 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 Central Puget Sound 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 Goal: Meet the current and future need for housing in the Kent area Ensure opportunities and an appropriate living environment for Kent citizens Goal 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. 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 • meet the needs of both current Kent residents and residents projected in growth estimates. Page 6 of 10 • • Staff Report • Dickerson Rezone #RZ-2005-10 KIVA#RPP4-2052607 . 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 s 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 S Policy TR-1.5- Ensure consistency between land use and transportation . plans so that land use and adjacent transportation facilities are • compatible • Planning Services Comment: The Growth Management Act requires consistency between land use and transportation planning As noted, the Land Use Plan identifies the area of the • rezone as SF 6 Single Family Residential When developed in the future, a new development will include interconnected roadways and pedestrian facilities. The • Page 7 of 10 Staff Report Dickerson Rezone . #RZ-2005-10 KIVA#RPP4-2052607 City's Public Works Department will identify specific improvements which will be • necessary along the 98th 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 6 units per acre Rezoning the site from SR-4 5 Single a Family Residential to SR-6 Single Family Residential will allow residential • development up to 6 05 units per acre, consistent with the Comprehensive Plan As previously discussed, the proposed rezone is also consistent with the applicable goals and policies in 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 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 dominated by platted, medium density development, much of which is developed at SR-6 standards. • Surrounding zoning is SR-4 5 to the north, and SR-6 to the south, east and west. . Recent development associated with the Morgan's Place subdivision to the , south, and the Haupt/Supra Short Plats to the southwest has created a more • dense residential character in this area than existed even three years ago Pending development of the recently approved Beall Short Plat to the north, the DM subdivision to the west and Blakely Place Short Plat to the east will continue • to establish a medium density neighborhood character in this area • Unplatted, larger lots (generally 1 acre or less) are also located in the vicinity • 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. • Page 8 of 10 • • Staff Report Dickerson Rezone #RZ-2005-10 KIVA#RPP4-2052607 • 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 protects 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 The Dickerson property was annexed to the City of Kent on February 28, 1995 as part of the 218 acre Beck annexation (Ord 3210) Initial annexation zoning • designation of R1-9 6 (equivalent to the current SR 45 designation) was . established The City of Kent adopted its Comprehensive Plan designating this area as SF-6, • Single Family Residential with its 1995 GMA Comprehensive Plan 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 Growth Management Act also states the City's development regulations must implement, and be consistent with the Comprehensive Plan This proposal, which seeks to establish medium density single family development with smaller lot sizes while recognizing significant . environmental features, is consistent with the goals and policies of the Comprehensive Plan • As stated above, initial annexation zoning for the area was set at R 1-9 6 (equivalent to the current SR-4.5 designation), which represented a reduction of the allowable density of 6 units per acre associated with the previous King • County zoning of R-6 At the time, the 218-acre annexation area was generally • characterized by single family homes on lots in the 1 to 5 acre range. Records of deliberations associated with the initial establishment of the R 1-9 6 zoning indicate that local residents were concerned with preservation of the existing • neighborhood character and potential traffic impacts, primarily along 94th Avenue SE, that would likely arise with further development of the area The reduced density associated with the initial City of Kent zoning was established to address • these concerns Since that time, significant medium density, single family • development has taken place within the immediate vicinity of the subject site. The density and character of development allowed under the proposed SR-6, • Page 9 of 10 Staff Report • Dickerson Rezone #RZ-2005-10 KIVA#RPP4-2052607 Single Family Residential zoning designation would be generally consistent with • surrounding residential development Further, since establishment of the current SR-4 5 (R1-9.6) zoning, significant . improvements to sanitary sewer infrastructure in the immediate area were completed Specifically, the extension of sanitary sewer lines located north and west of the subject site has made the further extension of sanitary sewers to this site feasible These extensions were necessary to provide for the higher • densities allowed under SR-6 zoning 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 . 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. V. 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 • January 25, 2006 • MG ch 1S 1Permit\Planlrezone1200512052607-2005-10report doc Page 10 of 10 • • • • • • • • • • • • • • • • • • • • N.T.S. 47 SITEui vi • a � Q • � ice- � O • _ • • S.E. 240TH ST. (JAMES ST.) • • • • • • • • • • • APPLICATION NAME: DICKERSON • REQUEST: REZONE#RZ-2005-10(2052607) • VICINITY MAP • CITY OF KENT DETERMINATION OF NONSIGNIFICANCE KENT WASHING-ON • • Environmental Checklist No #ENV-2005-49 Project DICKERSON REZONE . KIVA #RPSA-2052608 • Description: The applicant is requesting a Zoning Map Amendment (Rezone) for a 1 94-acre site composed of one tax parcel The site is currently zoned SR-4 5 Single Family Residential The applicant has proposed a rezone to SR-6 Single Family Residential The City of Kent Comprehensive • Plan Land Use Map designates the pioperty as SF6, Single Family 6 Units/Acre • Location: The site is currently addressed as 23507 98`h Avenue South. The parcel is identified by King County tax parcel number 18220591 13 • Applicant: Cramer Northwest, Inc. 945 N Central #104 Kent, WA 98032 Lead Agency City of Kent • The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment An environmental impact statement (EIS) is not required under RCW 43 21 C 030(2)(c) This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This Determination of Nonsignificance is specifically • conditioned on compliance with the conditions and mitigating measures described below This information is available to the public on request • There is no comment period for this DNS X This DNS is issued under 197-11-340(2) The lead agency will not act on this proposal for 28 days from the date of this decision; this includes a 14-day comment period followed by • a 14-day appeal period as provided by WAC 197 11 680 Comments must be submitted by December 23, 2005. • Responsible Official Charlene Anderson, AICP Position/Title Planning Manager • Address 220 S Fourth Avenue, Kent, WA 98032 Telephone- (253) 856-5454 Dated December 9. 2005 Signature APPEAL PROCESS AN APPEAL OF A DETERMINATION OF NONSIGNIFICANCE (DNS) MUST BE MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) DAYS FOLLOWING THE END OF THE • COMMENT PERIOD PER KENT CITY CODE 11 03 520 • CONDITIONS: NONE • ch:S.lPermitlPlanlEnv1200512052608-2005-49dns.doc Determination of Nonsignificance • Dickerson Rezone #ENV-2005-49/#2052608 CERTIFICATE OF POSTING I, Charlene Anderson, Responsible Official under the Washington Administrative Code (WAC) Chapter 197-11-788 and • 910, and Kent City Code Chapter 11 03 410 do hereby declare that the Determination of Nonsignificance, as described in this public notice, was duly posted on by a member of Kent Planning • Services,on or near the site described therein. . Charlene Anderson,AICP,Responsible Official • • Page 2 of 2 • • • • • Kent City Council Meeting • Date March 7. 2006 • Category Other Business 1. SUBJECT: COUNCIL STRATEGIC PLAN REPORT • • 2. SUMMARY STATEMENT: The City Council held a special workshop on • Thursday, March 2, 2006, to discuss their Strategic Plan. The Council President will • report on their findings. • • • • • • • • 3. EXHIBITS: None • • 4. RECOMMENDED BY: Council • (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 ✓1 n4 moves, Councilmember seconds • • fU a �o�f �o 1717 • • • DISCUSSION: LW • ACTION: `" • `� /3'N'e� > Cep Ce'`�" --- Council Agenda • �4P- Item No. 713 • • REPORTS FROM STANDING COMMITTEES AND STAFF • A. COUNCIL PRESIDENT N . B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE • D. PUBLIC WORKS OA l a U @ S • • • E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE �►-�L • 3-2- o aj q • F. PARKS AND HUMAN SERVICES COMMITTEE • 0--e- �c G. ADMINISTRATIVE REPORTS l�-t> u5 /o r eAO .LA da.aAA • U - �a cam" ar z REPORTS FROM SPECIAL COMMITTEES KEN T • WASHINOTON OPERATIONS COMMITTEE MINUTES FEBRUARY 7, 2006 • Committee Members Present: Chair Tim Clark, Deborah Ranniger, and Debbie Raplee The meeting was called to order by Tim Clark, Chair at 4:04 p.m. 1. APPROVAL OF MINUTES DATED JANUARY 17. 2005 • Deborah Ranniger moved to approve the minutes of the January 17, 2006, Operation Committee meeting. Debbie Raplee seconded the motion, which passed 3-0. • 2. APPROVAL OF VOUCHERS DATED JANUARY 31, 2006 Finance Manager Bob Nachlinger presented the vouchers for January 31, 2006, for. • Debbie Raplee moved to approve the vouchers dated January 31, 2006. Deborah Ranniger seconded the motion, which passed 3-0. 3. PUBLIC RECORDS — KENT CITY CODE 1.05 AND STATE LEGISLATIVE SSHB 1758 AND SHB 1133 - ORDINANCE . City Attorney Tom Brubaker advised that Councilmerll'L)er Debbie Raplee asked that this agenda item • be removed from this agenda and continued to the February 21, 2006, Operations Committee meeting in order to seek clarification of the revisions to Kent City Code 1.05 with track changes outlining the amendments. Debbie Raplee moved to continue the ordinance repealing Chapter 1. 05 of the Kent City Code, entitled "Public Records," and enacting a new Chapter 1.05 entitled, "Public Records" in response to the recent amendments and recodification of Washington's Public Records Act to the next Operations Committee meeting, presently scheduled for . February 21, 2006. Deborah Ranniger seconded the motion, which passed 3-0. The meeting was adjourned at 4:06 p.m. Renee Cameron • Operations Committee Secretary PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JANUARY 23, 2006 Committee Members: Chair Ron Harmon, Tim Clark, Elizabeth Watson The meeting was called to order by Chair Harmon at 4:00 p.m. with Member Watson's absence noted. Approval of Minutes Member Clark moved and Member Harmon seconded a motion to approve the minutes of November 21, 2005 with Member Watson's concurrence. Motion Passed 3-0. • 2006 Planning Services Work Program Planning Manager Charlene Anderson presented the Planning Services 2005 and 2006 work programs for both current and long range planning indicating which programs are considered • multi-year projects. Member Clark spoke about concerns with respect to the City's Urban Center designation emphasizing the need for Council to be educated on the implication of urban centers at their . upcoming retreat. Community Development Director Fred Satterstrom speculated that the Council's focus may shift to other programs at their upcoming strategic planning retreat. He noted it is not the • intent of the City to abandon their commitment towards economic development efforts to . revitalize downtown. Mr. Satterstrom addressed questions raised by Members Harmon and Clark with respect to • Kent's designation as an Urban Center. He mentioned the benefits associated with that designation in terms of receiving infrastructure funding through State and Federal sources and the ability to compete for grants. • Ms. Anderson invited the Committee's input on the scope of proposed updates to the zoning code. Chair Harmon stated that he is pleased that planning is incorporating the Mobile Home Task • Force efforts as part of their work program for neighborhood planning and activity centers. Neighborhood Planning & Design Strategy • Planner William Osborne gave a power-point presentation related to neighborhood planning. • He focused his presentation on research undertaken in terms of State practices and their programs. . Mr. Osborne stated that in 1999-2000 a Taskforce was formed with representation from • Administration, Fire Prevention, Parks, Planning, Police and Public Works. He stated the Task Force set out to establish the parameters for neighborhood planning, as well as neighborhood outreach for the purpose of organizing citizen participation. This initial effort resulted in • amendments to residential street standards. Mr. Osborne stated that activity centers typically have a higher concentration of residential and , commercial uses than Urban Centers. He stated that although Kent has a number of goals and policies linked to activity centers in neighborhood planning, Kent has not established designated activity centers. Staff will be exploring how to define these centers and anticipates a coordinated community process. • Mr. Osborne spoke about what other jurisdictions throughout Puget Sound are doing to structure their neighborhood programs and work with their communities. He stated that there • are a number of options for neighborhood planning, citing amendment of the Comprehensive . Plan document to Incorporate additional neighborhood planning goals and policies, creating separate neighborhood sub-area plans but Incorporating them Into the comprehensive plan; or adding a neighborhood planning element to our existing comprehensive plan. • Committee Members Harmon and Clark voiced their opinion that recommendations generated by the Mobile Home Task Force should be revisited by the Planning and Economic Development Committee if Mayor Cooke determines this is the direction to go. Adiournment Chair Harmon adjourned the meeting at 4:45 p.m. Pamela Mottram, Admin Secretary, Planning Services • 5 IPermitlPlanlPlannmg Ca ?te 120061Mmute$1012306PEDQntn do • • • • • • • • PEDC-Minutes January 23,2006 Page 2 of 2 • • PUBLIC WORKS COMMITTEE MINUTES February 6, 2006 COMMITTEE MEMBERS PRESENT Committee Chair Debbie Raplee and Committee Members Ron Hannon and Tun Clark. The meeting was called to order at 5.07 P M. Approval of Minutes Dated January 23, 2006 i Committee Member Ron Harmon moved to approve the minutes of January 23, 2006. The motion was seconded by Tim Clark and passed 3-0. Consultant Contract Agreement—Olympic Environmental Resources Robyn Bartelt discussed the two (Spring and Fall) citywide collection and recycling events that • the Consultant would organize along with promoting business and residential recycling as well as a spring compost bin sale. Tim Clark moved to recommend authorizing the Mayor to sign consultant services agreements for Olympic Environmental Resources. The motion was seconded by Ron Harmon and passed 3-0. King County Solid Waste Division—Waste Reduction and Recycling Grant Program • Robyn Bartelt discussed the Waste Reduction and Recycling (WR/R) Grant Contract Amendment in the amount of$85,722. Ron Harmon moved to recommend authorizing the Mayor to sign the Waste Reduction and Recycling (WRIR) Grant Contract Amendment in the amount of$85,722. The motion • was seconded by Tim Clark and passed 3-0. Washington State Department of Ecology— Coordinated Prevention Grant Robyn Bartelt discussed the Washington State Department of Ecology CPG Contract Agreement to distribute 2006 grant funds to the City and to implement the City's 2006-2007 CPG tasks. Tim Clark moved to recommend authorizing the Mayor to sign the Coordinated Prevention Grant (CPG) Contract Agreement for 2006-2007 in the amount of$56,907. The motion was seconded by Ron Harmon and passed 3-0. Public Health—Seattle & King County Local Hazardous Waste Management Program Robyn Bartelt discussed the Public Health — Seattle & King County Local Hazardous Waste • Management Program (LHWMP) Grant Contract Amendment. Ron Harmon moved to recommend authorizing the Mayor to sign the Public Health — Seattle & King Comity Local Hazardous Waste Management Program (LHWMP) Grant Contract Amendment in the amount of $16,943.11. The motion was seconded by Tim Clark and passed 3-0. Presentation of Level of Service Public Works Larry Blanchard gave a brief informational presentation of the Level of Service for Public • Works. i 2 Presentation of Production Standards and Rates Larry Blancha rd gave a brief informational presentation of Production Standards and Rates. • Presentation of Overall Work Plan—Construction . Stan Wade cave an informational Power Point presentation of the 2006 Overall Work Plan for • Construction Department. Rock Creek HCP Budtet >� Mike Mactutis discussed the contract amendment (change order 2) with R2 Resource • Consultants to provide the City of Kent highly technical assistance on the completion of the • Habitat Conservation Plan and the development of the Environmental Impact Statement required for the issuance of an Incidental Take Permit from the US Fish and Wildlife Service and the National Marine Fisheries Service for the Clark Springs Water Source. Tim Clark moved to recommend authorizing the Mayor to sign an amendment (change • order 2) with R2 Resource Consultants for $302,324.11 to complete the Clark Springs • Habitat Conservation Plan and Environmental Impact Statement. The motion was i seconded by Ron Harmon and passed 3-0. • Meeting Cancellation for February 20, 2006 • Larry Blanchard discussed the cancellation of the February 20, 2006 Public Works Committee meeting due to the President's Day Holiday. A special meeting will be held on Monday, February 27, 2006 at 5.00 prn. • • • The meeting adjourned at 6:15 pm Beth Peterson Administrative Secretary • • • • • • i • • • CONTINUED COMMUNICATIONS A. �nC� EXECUTIVE SESSION Imo" c, ACTION AFTER EXECUTIVE SESSION D