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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/15/2006 • , • s s City of Kent 1 City Council Meeting Agenda August 15, 2006 Mayor Suzette Cooke Deborah Ranniger, Council President Councilmembers Tim Clark Debbie Raplee Ron Harmon Les Thomas j, Bob O'Brien Elizabeth Watson KENT WASHING?ON r City Clerk's Office KENT CITY COUNCIL AGENDAS K E N T August 15, 2006 W^s�I N G T O N Council Chambers MAYOR. Suzette Cooke COUNCILMEMBERS: Deborah Ranniger, President Tim Clark Ron Harmon Bob O'Brien Debbie Raplee Les Thomas Elizabeth Watson SPECIAL COUNCIL WORKSHOP AGENDA 5.00 p.m. Item Description Speaker Time 1. Primary Election Ballot Issues Marilyn Nault 30 min 2. Kent Events Center John Hodgson 60 min COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC—Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A Public Recognition B. Community Events C. Kent Parks Foundation/Starbucks Donation 5 PUBLIC HEARINGS A Six-Year Transportation Improvement Plan solution B. Critical Areas Regulations Amendments—Ordinance and solution C. Commercial Motor Vehicles in Residential Distncts, Zoning Code Amendment 6. CONSENT CALENDAR A Minutes of Previous Meeting—Approve B. Payment of Bills — Approve C. Washington State Military Department Grant Agreement—Accept and Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED D Correctional Facility Control System Replacement Agreement—Authorize E. Kidde Fire Trainers Lease Agreement Renewal — Authorize F Local Trial Court Improvement Account, Municipal Judge Salary Adjustment— Approve G. Hourly Rate Increase for Pro Tern Judges and Magistratc oy inane—Adopt H. 100t" Avenue SE Sewer Main Extension Latecomer Agreement— Authorize I LID 340 Segregatiot(Resolution— Adopt J. S 228"' Street Green River Bridge Mitigation—Authorize K Kent Kangley Road at Rock Creek, Structural Report and Recommendations on i Bridge—Authorize ��pv L Muth Property Statutory Warranty Deed and Temporary Construction Easement Agreement—Authorize and Accept M. Assessed Booking Fees Appeal Provision OrShnance Amending Kent City Code Chapter 9 34 020—Adopt N. Public Housing Safety Initiative Program—Approve and Authorize O. S. 228th Military Road Widening—Approve 7. OTHER BUSINESS Garbage Collection Issues K� CvenVs Ccow Re 8. BIDS A. East Seattle Street Water and Sewer Replacement 9 REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 0 uC it. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Pending Litigation B 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 at 1-800-833-6388 7 1 ;E 3 c o Q^ tea` F o $ F a d c+ J Q`-rSCA cc wp m ? 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SUBJECT: SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN— RESOLUTION 2. SUMMARY STATEMENT: Each year the City is required to update the Six-Year Transportation Improvement Plan. August 15, 2006, was set as the public hearing date for adoption of the plan If the proposed resolution is passed at the conclusion of the public hearing, it will approve the 2007 through 2012 Six-Year Transportation Improvement Plan 3. EXHIBITS: Resolution and Six-Year Transportation Plan, which is attached as Exhibit "A" to the 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: j A. Councilmember, moves, Councilmember seconds to close the public hea ring. -� B. Councilmember Councilmember Lrvseconds to adopt Resolution No. (IM_ adopting the City's 2007 through 2012 Six-Year Transportation Improvement Plan. DISCUSSION: ACTION: 7n 0-1 Council Agenda Item No 5A RESOLUTION NO. IA RESOLUTION of the city council of the city of Kent, Washington, adopting the 2007 through 2012 Six-Year Transportation Improvement Plan. RECITALS A. After proper notice, the city council of the city of Kent held a public hearing at the regular meeting of the city council at 7:00 p.m. on August 15, 2006, to consider public testimony on the city's proposed 2007 through 2012 Six-Year Transportation Improvement Plan B. Having considered public testimony to the plan, the council would like to adopt the 2007 through 2012 Six-Year Transportation Improvement Plan. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Adootion. The 2007 through 2012 Six Year Transportation Improvement Plan, set forth in Exhibit "A," which is attached and filed with the city clerk, is hereby adopted. 1 PASSED at a regular meeting of the city council of the City of Kent, Washington this day of 2006. I 1 2007-2012 Six Year Transportation Improvement Plan r CONCURRED in by the mayor of the city of Kent, this day of , 2006. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. , passed by the city council of the city of Kent, Washington, the day of 2006. (SEAL) BRENDA JACOBER, CITY CLERK P\Civii\Resolution\SixYearTIP-2007 doc I L ' r i 2 2007-2012 Six Year Transportation Improvement Plan = E �" o 0 Ri E o W W= Gi i w W G y i. u N �3 Cs > ` a y Z X *��' •— L O 3 10 0 0 0 0 Cl a I.Y N 2 N S W a W W S W R r a r a e......«o,s � Ty`Sa k V491n S�f aJ F �'✓`� u o 3 F_ 't r «,, 6Z �V crc o } 3 'R• I'llll,l-INIII i f� �+e'^�,�� 44 9 ,r— �.'ip,r��. �P' i 'va,rvht'J rr ' 4 ,�"''�'— •^♦ �- t`t"ti * _ , _ �.,,.P,w,..«»«.w.._«..�._ .. �x.i'y - Pic yeWri'nw�M i'. � }I -,..'n4n•wu« rL E /f nw•��mr,a,r.�f n.. -rC ow", k—�f-Till �'4 a F•r'.,. L:4W1:lu,ti,i�.,n,i,T^e..r..dcr�,�1.: �,. ::a_,' QZ ��_ �� r"' /iue, •'W -..,U' �,,,,. m L�u`��'..a� ) 7nr,J.,.i'4{✓n � °_ ✓ .,.�,.u.n«unxi.,.,•.y.p'.i .n sry s'pr-_v •,-_.i i a CITY OF KENT, WASHINGTON SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2007 - 2012 F. E i i Mayor Suzette Cooke Larry R. Blanchard, KENT WnSHINGTpX Director of Public Works CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2007 - 2012 Table o f Contents Page(s) 1. Resolution adoption the 2007-2012 Six Year TIP..........................0 2. Statement of Purpose..............................................................I 3. Listing of the Projects..........................................................i-iv 4. Map of the Projects............................................................map 5. Project Descriptions.. 6 Contact Infornnation..............................................................39 r CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2007-2012 PURPOSE What is the Six Year Transportation Improvement Program (TIP)? The Six-Year Transportation Improvement Program (TIP) is a short-range planning document that is annually updated based on needs and policies identified through a variety of sources. Project and financial development involve interactions with many groups and agencies at the local, regional, state and federal levels. It represents Kent's current list of needed projects that may beam work in the next six years The document also identifies secured or reasonably expected revenue sources for each of the projects included in the TIP. Typically, projects listed in the first three years of the document are shown as having secured funding or there are reasonable expectations to acquire those hinds, while projects in the last three years can be partially funded and be seeking finding partners All projects are consistent with the City's adopted 2004 Comprehensry e Plan. Mandated by State Law State law requires that each city develop a local TIP and that it be updated annually (RCW 35.77 010). In order for cities to compete for transportation funding grants from Federal and State sources most granting agencies require that projects be included in the TIP Federal grant funded and regionally significant projects from the first three years of the City's TIP are included in the Regional TIP, which is assembled by the Puget Sound Regional Council for King, Kitsap, Pierce and Snohomish Counties. The regional TIPS (RTIP) from around the state are then combined to form the State TIP (STJP),* which is approved by the Governor and then submitted to the Federal Highway Administration for their review and approval. r *The State TIP (STIP) is a three-vear, fiscally constrained and prrorrti ed progrmn of transportation projects compiled from local and regional plans Beginning in July 2007, the STIP is to change to a foaa•year document as described in the Federal Safe, Accountable, Flexible, Efficient Transportation Egiva y Act — A Legacy toi- Users (S4l,ETL'A-LU) Projects listed in the STIP cite the only projects that will be approved by the Federal Highway Administration to utihZe federal fiends I CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2007-2012 Project Project Name Z Number Project Location and Extent 1. Clark Springs Watershed Pavement Rehabilitation Kent Kattc,rlev Road at the Clark Springs Watershed) 2. South 277"' Street Corridor Extension Widen 116'h Avenue SE from Kent Kangley Road(SR 516) to SE 256`h St 3. Kent Station Mitigation Projects Widen Willis Street at 4"'Avenue and Central Avenue at Willis Street 4. Transportation Master Plan Major update ojthe Kent 1984 Comprehensive Transportation Plan 5. South 228`h Street/Burlington Northern Santa Fe Railroad Grade Grade separation crossing at Burlington Northern/Santa Fe Railroad 6. 841h Avenue South Widening and Pavement Rehabilitation SR 167 to South 212" Street 7. I-51Soutb 272"d Street Interchange Reconstruction —Phase I Provide transit and IJOI'Dnrect Access between South 272rd St and I-S 8 72"d Avenue South Extension South 200`n' Street to South 196'1'Street 9. Smart Growth Initiative tit'aden South Street near Lincoln Avenue and widen Willis at 2"`'Ave South 10. Interurban Trail Crossings Signal Interconnect West Meeker Street and West Snath Street 11. SE 248`h Street Improvements 116'h Avenue Southeast to 1 i2ni1 Avenue Southeast 12. 801h Avenue South Widening South 1961h Street to South 188r1' Street i I CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2007-2012 Project Project Name Number Project Location and Extent 13. Military Road South at Reith Road Intersection Improvement 14. South 228"' Street/Union Pacific Grade Separation Grade separation crossing at Union Pacific Railroad 15. Southeast 256"' Street Widening, Phase II SR 516(Kent Kangle),Road) to 116`i'.Avenue SE 16. Central Avenue South Pavement Rehabilitation Green River Bridge to East YVillis Street (SR 516) 17. South 228"' Street Corridor—Phase III/South 2241h Street Extension 84`h Avenue South to 104`t'Avenue Southeast (Benson Road)(SR515) 18. Willis Street(SR 516) Union Pacific Railroad Grade Separation Grade separation crossing at Union Pacific Railroad(UPRR) 19. Willis Street (SR516)/Burlington Northern Santa Fe Railroad Grade Separation Grade separation crossing at Burlington Northern Santa Fe Railroad 20. Military Road Widening South 272"`i Street to South 240`i' Street 21. South 212`h Street Union Pacific Railroad Grade Separation Grade separation crossing at Union Pacific Railroad 22. South 212`h StreetlBurlington Northern Santa Fe Railroad Grade Separation Grade separation crossing at Burlington Northern Santa Fe Railroad 23. West Meeker Street Widening—Phase I 64'i'Avenue South to the Green River Bridge 24. West Meeker Street Widening—Phase II SR 516 to the east side of the Green River, including a new bridge ii CITY OF KENT ' SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2007-2012 Project Project Name , Number Project Location and Extent 25. 108"'Avenue SE Extension SE Kent Kangle ,Road(SR 516) to SE 256"'Street 26. South 272"d Street Widening—Phase II Pacific Htghuwy South to Milttar),Road South 27. SR 181/West Valley Highway/Washington Avenue Widening Meeker Street north to approsunately the 218"' block 28. South 208"' Street Improvements 84'r'Avenue South to 961' Way South 29. 132"d Avenue Southeast Widening—Phase I Southeast 288''' Street to Kent Kangley Road(SR 516) 30. 132"d Avenue Southeast Widening—Phase II Kent Kangley Road(SR 516) to Southeast 248"' Street 31. 132"d Avenue Southeast Widening—Phase III Southeast 248"' Street to Southeast 236'1' Street 32. Southeast 256`h Street Widening—Phase III 1321"Ai>enue Southeast to 148'1'Avenue Southeast 33. South 196"'1192"d Street Corridor—Phase III 84"'Avenue South (East Vallee Hrghwav) to 108"'Avenue SE(SR 515) 34. State Route 167 (SR 167) Widening City staff engineering and planning support of WSDOT project to widen State Route 167 from SR 512 to South 180't' Street 35. Bicycle and Pedestrian Improvements Ongoing cttyivnde program to encourage the use of non-motortzed transportation modes and prortde safe routes for schoolchildren iii r CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2007-2012 Project Project Name Number Project Location and Extent 36. Guardrail and Safety Improvements Oiigonig citv vide program to elnnuiate potentially hazardous roadway conditions 37. Community Based Circulating Shuttles Ongoing citvwide program to provide enhanced transit service within the Cav and provide mobility and independence to Senior Citizens,youth and others who prefer to move about the On,without an automobile 38. Americans with Disabilities Act Compliance Sidewalk Repair and Rehabilitation Ongoing cit)-wtde program to repair and/or replace pedestrian ramps in compliance with the Federal Govennnent's Americans with Disabilities Act t r r r iv CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 PROJECT #1: Clark Springs Watershed Pavement Rehabilitation Kent Kaaglei,Road at the Clark Springs YYatershed s DESCRIPTION: Dig out and repair areas of the roadbed that have failed Overlay the full- width roadway with two inches of asphalt concrete and crack stabilizing fabric to rehabilitate this arterial. I PROJECT COST: Preliminary Engineering...................$60,000 Right of Way Acquisition..........................$0 Construction ........... ......................$300,000 TOTAL...........................................$360,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: Our Pavement Management Analysis rates this road as a critical candidate for overlay. The City is increasingly responding to unscheduled requests to repair potholes. High average daily truck traffic carrying unusually heavy loads is accelerating the distressed conditions of the travel lanes, elevating the risk of damage to vehicles from developing potholes. i AIP-Arterial Improvement Pioeiam[State],Ct4,90—Congestion Mitigation and Air Quality[Federal],FAST—Freight ] Action Strategy for Evei ett-Seattle-Tacoma Cori idor,FUSIB—Freight Mobility Strategic Investment Board[State],FT I — Fcdeial Ilansit Admmistiation[Fedeiai],IIFS—I{azaid Elimination[Federal],ITS—Intelligent Transportation Systems [Fedcial],LID—Local Improvement District, PWTI —Public Woiks Trust Fund Loan[State],STP—Surface Tiansportation Pi ogi am[Federal], TIA—Ti anspoi tation hnpi ovement Account, TIB—Transportation Improvement Board[State], TPP— Transportation Partnership Piogram[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 PROJECT#2: South 277th Street Corridor Extension Widen 1I6'I'Aivinie Southeast front Kent Kangley Road(SR 516) to Southeast 25e'Street DESCRIPTION: Widen 116"' Avenue Southeast to provide a five lane roadway, including four general-purpose travel lanes, a two-way left turn lane and a bicycle facility. Also included in this project will be the widening of the intersection of Kent Kangley Road and 116"' Avenue Southeast to add an additional left turn lane to provide dual left tuin lanes westbound on Kent Kangley Road to southbound 116"' Avenue Southeast and a right turn acceleration lane eastbound on Kent Kangley Road from northbound 116`' Avenue Southeast. The project will include the construction of concrete curbs, gutters and sidewalks; bicycle lanes, street lighting; storm drainage, utilities and appurtenances PROJECT COST: Preliminary Engineering. ... ..........$400,000 Right of Way Acquisition............$1,100,000 Construction . .... .. . . . ...............$4,200,000 TOTAL........................................$5,700,000 FUNDING SOURCE(S): City of Kent, LID, TIB PROJECT JUSTIFICATION: The stretch of 116"' Avenue between the Kent Kangley Road and SE 256"' Street is a substandard roadway that acts as a bottleneck for those 1 wishing to access the South 277`h Street corridor fiom the north and those wishing to access South 256'' Street from the south. SE 256`' Street, at the north end of the project, is a major east-west corridor that connects Ithe SR 515/SR516 intersection and SR 1S with 116"' Avenue. Traffic volumes are continuing to increase and this stretch of the roadway cannot accommodate the existing or anticipated future traffic volumes In addition, this stretch of 116"' Avenue is lacking curb, gutter and sidewalk. AIP-Arterial Improvement Program[State],CMAQ--Congestion Mitigation and Air Quality[Federal],FAST-Freight 2 Action Strategv foi Everett-Seattle-Tacoma Corridor,F'tISIB-Freight Mobility Strategic Investment Board[State],FTA- Fedeial Transit Administration[Federal],[TES-Hazard Elimination[Federal],ITS-Intelligent Tiansportation Systems [Feder all,LID-Local impi o%ement Disti ict,PiVTP-Public Works Trust Fund Loan[State],.STP-Surface Tiansportation Program[Fedeiall F1 I-Tiansportation Improvement Account, TiB-"Iransportation improvement Boaid[State], TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 , PROJECT 83: Kent Station Mitigation Projects !Peden Willis Street at 4ie'Aveneee and Central Avenue at Willis Street DESCRIPTION: Provide an additional left-turn pocket on eastbound Willis Street to northbound Avcnue. Provide a right-tuna pocket southbound on Central Avenue to westbou t Wilds Street PROJECT COST: Preliminary Engineering...................$53,000 Right of Way Acquisition......... .......$44,000 Construction .......... ... ..... . ... . . ... $423,000 TOTAL...........................................$5201000 FUNDING SOURCE(S): City of Kent, Development Mitigation Funds, WSDOT Overlay Funds PROJECT JUSTIFICATION: These projects are traffic mitigation requirements for additional trips generated by the Kent Station development. The City of Kent will be implementing th� projects required by the developer. AIP-Arterial Improvement Program[State],ChfAO—Congestion Mitigation and Air Quality[Federal],FAST—Freight 3 Action Strategy for Ft eiett-Seattle-Tacoma Corndoi,F11SIt3—Freight Mobility Strategic Investment Board[State],FTA— Federal Tiansrt Administration[Federal],UPS—Ilazard Elimination[Federal],TTS—Intellrgent Transportation Syslems [Federal],LID—Local Improvement Drs❑ict,PWTF—Public worl.s Trust Fund Loan[State],STP—Surface Transportation Program[Federal],TIA—Transportation Improvement Account, 7I8—Transportation Improvement Board[State], TPP— Transportatron Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1 YEAR: 2007 - 2009 tPROJECT #:4 Transportation Master Plan DESCRIPTION: This project consists of a major update of the Transportation Master Plan Including near-term and long range planning of the City's tiansportation system needs Project costs wtll include consultant contracts from transportation planning, concurrency management, public involvement, travel demand and traffic operations modeling and analysis of potential financing strategies to construct, operate and maintain the City's transportation network The project may include staff resources,hardware and software to analyze and manage the transportation network and develop Implementing legislation and regulattons related to the transportation system. I PROJECT COST: Preliminary Engineering.................$850,000 Right of Way Acquisition......................... $0 Construction ..............................................$0 TOTAL...........................................$850,000 FUNDING SOURCE(S): City of Kent ' PROJECT JUSTIFICATION: The City's Transportation Master Plan is more than 20 years old and needs to be brought into compliance with current Growth Management policies and practices as defined in PSRC's Destination 2030, the region's Metropolitan Transportation Plan The City must be in compliance with all State, County and Regional policies in order to be eligible to apply for competitive transportation giants. Likewise, the City would like to investigate methods of measuring Concuirency that would incorporate all modes of travel, better reflect the ways our community is changing, engage the community in the discussion of their future transportation investments, and investigate various ways of funding our future transportation needs. A!P-Arterial improvement Program[State],CAfAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight t] Action Stiatcgy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight MobtItry Strategic Iovestment Board(state],FTA— Fed eial iransrt Admmrsnaion[Federal],NCS—Hazard Elunmation [Federal],ITS—intelligent Transportation Systems (FedetalI,LID-Local Improvement District,PIVTF—Public Works Trutt Fund Loan[State],SIP—Surface Transportation Program[Federal], TIA—Tiansportation improvement Aecount, TIB—Transportati on Improvement Board[State], TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 PROJECT #5: South 228th Street/Burlington Northern Santa Fe Railroad Grade Separation Grade Separation crossing at Burlington Northern/Santa Fe Ratlroad DESCRIPTION: Construct grade separation of the Burlington Northern Santa Fe Railroad mainline tracks at South 228th Street. The project will include the construction of a road overpass or underpass; full-width paving; concrete curbs, gutter, and sidewalks; street lighting, utilities and appurtenances. PROJECT COST: Preliminary Engineering........... ..$1,250,000 Right of Way Acquisition........... $1,000,000 Construction .. ......... . ............. .$17,750,000 , TOTAL......................................$20,000,000 FUNDING SOURCE(S): City of Kent, TIB, FAST, FMSIB, Burlington Northern Santa Fe Railroad PROJECT JUSTIFICATION: The project will lead to a seamless connection between major freight handlers and their primary destinations. This project will support freight moving through Kent to the Ports of Seattle and Tacoma, SeaTac An-port and the freeway system Grade separating the arterial will increase both rail and road-way capacity, decrease congestion, enhance safety, and improve freight mobility in the corridor and throughout the iegio❑ This project will provide regional connections between thousands of businesses, employers and 40 million square feet of warehouse/industrial space. The level of freight and passenger rail traffic on the BNSF Railroad mainline is rising as a consequence of increased traffic in the Puget Sound area, and new Sound Transit and Amtrak service. A1P-Arterial hnpiovement Program[State], CA1A0-Congestion Mitigation and Air Quality[Federal],FAST-Freight 5 Action Strategy for Eveictt-Seattle-Tacoma Corridor,FMS78-Freight Mobility Strategic Investment Board[State],FT4- Fedeial Transit Admimshation [Federal],1IES-Hazard Elimination[Federal],ITS-Intelligent transportation Systems [Federal],LID-Local Impim cnient Disti tct,PWTF-Public Woiks Trust Fund Loan[State],STP-Sun face Transportation Program[Federal], TL4-Tiansportation Improvement Account, 778-Tiansporiatton Improvement Board[State],TPP— Transportation Partneiship Program[State] ' CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 1 PROJECT 96: East Valley Highway (84th Avenue South) Improvements. SR 167 to South 212"Street DESCRIPTION: Widen the roadway to provide 3 general purpose lanes in each direction between South 212"' Street and South 224"' Street. Constnlet new curb, gutters and sidewalks on both sides of the roadway where they don't currently exist. Remove and rehabilitate the existing roadway pavement 1 to add service life to the roadway Overlay the entire roadway area with asphalt concrete pavement. Project includes upgrading existing traffic signal systems as well as storm drainage improvements. 1 PROJECT COST: Preliminary Engineering.................$217,000 Right of Way Acquisition...............$706,000 Construction ................................$2,410,000 TOTAL........................................$3,333,000 FUNDING SOURCE(S): STP, City of Kent,TIB, LID PROJECT JUSTIFICATION: This portion of East Valley Highway cannot accommodate current and proposed traffic volumes that utilize this stretch to access State Route 167 and South 212"' Street. hi addition, the existing pavement along this section of 84`h Avenue South is showing signs of structural distress as demonstrated by"allrgatoring", longitudinal cracking, and cracking of the curbs and gutters. AIP-Arterial Improvement Program[State],CWAO—Congestion Mitigation and Air Quality[Federal],FAST—Freight 6 Action Strategy foi Eiei ett-Seattle-Tacoma Con idor,FWSIS—Freight Mobility Strategic Investment Board[State],FTA— Federal Transit Adnnnisuation[Federal],HES—Ilazard Elimination[Federal],ITS—Intel I igentTransportation Systems [Federal],LID—Local Improvement District,Pil'TF—Public Works Trust Fund Loan[State],STP—Surface I iansportaton Piogiann[Fedeial], T/A—Tiansporiation improvement Account, TJ6—Transportation Improvement Board[State], TPP— Transportation Partneiship Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 PROJECT#7: I-5/South 272nd Street Interchange Reconstruction, Phase I Provide transit and HOT'Direct Access between South 272""St and I-5 DESCRIPTION: Phase I would reconstruct the east half of the South 272nd Street/1-5 interchange provide transit and HOV Direct-Access to South 272nd Street. Sound Transit aii 1 King County Metro Transit have major park and ride facilities in the area wi over 1,200 parking stalls. Transit and HOV traffic would be able to turn on South 272 Street from I-5 without weaving ttu-ough traffic on I-5. The prole includes a new northbound 1-5 bridge and reconstruction of approxinnately on half mile of northbound I-5, The improvements would be constructed to mate i projects on South 272"d Street that would be built between Pacific Highway Son (SR 99) and Military Road. PROJECT COST: Preliminary Engineering..............$3,850,000 Right of Way Acquisition...............$170,000 Construction ..... .... ...................$30,800,000 , TOTAL......................................$34,820,000 FUNDING SOURCE(S): City of Kent, City of Federal Way, King County, STP, Sound Transit, TPP, WSDOT PROJECT .JUSTIFICATION: The traffic volumes at the interchange have reached the point where reconstruction is required to reduce congestion. The new interchange w provide needed capacity through the year 2030. The reconstruction will alit allow Sound Transit and King County Metro Transit to operate efficient y through the Star Lake and Redondo Heights Park and Ride lots. AIP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST- Freight 7 Action Strategy tot Eveiett-Seattle-Tacoma Coindor,FAISIS-Freight Mobility Strategic Investment Board[State],FTA- Fedeial Tiansit Administiation[Fedeial],HES-Hazard Elimination[Federal],ITS-IntelligentTranspoitatton Systems [Fedeial],/X)-Local Impi oN ement District,PPPTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Piogiam IFederal], TIA- 1-iansportation Improvement Account, TW-Transportation ImpiovementBoaid[State], TPP— Tianspoitation Partnership Program[State] CITY OF KENT 1 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 PROJECT #8: 72od Avenue South Extension South 200'I' Street io South 196'I' Street DESCRIPTION: Construct a new four-lane roadway from South 2001b Street to South 196°' Street The project will include the crossing of Mill Creek and construction of ftdl-widd) paving; concrete curbs, gutters, and sidewalks; street lighting; storm drainage, landscaping; utilities and appurtenances. 1 PROJECT COST: Preliminary Engineering.................$195,000 Right of Way Acquisition..........................50 Construction ........ . ........................$690,000 TOTAL...........................................$885,000 LFUNDING SOURCE(S): City of Kent PROJECT ' JUSTIFICATION: Continued development in the northern Kent industrial area, and high levels of congestion along West Valley Highway between the South 180`I' Street and South 196tt' Street corridors, mandate additional north-south arterial capacity This project provides some relief for South 1801h Street, South 196t1' Street, and South 212"' Street intersections along West Valley Highway. It also provides improved access to the South 196"' Street corridor from industrial development along 72°d Avenue South by constructing the mussing link between South 200'n Street and South 196`I' Street. 4IP-Ai tenal Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight S Action Stiategy lot Everett-Seattle-Tacoma Corridor,FMSIB—Ficight Mobility Strategic Investment Board[State].FTA— Fed eta] Tiansit Admaiistiation[Federal I,IIES-HaLaid Elimmation[Federal],ITS—Intelligent Tiansportation Systems [Federa]] LID—Local I nipioveinent Disnict,P;I"Tl--Public Works Trust Fund Loan [State],STP—Surface Fianspoitation Piogiam[Federal], TI1—Transportaton Impioiement Account, TIB—Transportation Gnproemcnt Boaid[State], TPP— Transportation Partnership Program[State] r CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM r YEAR: 2008 PROJECT #9: Smart Growth Initiative r DESCRIPTION: Widen Smith Street to provide a left turn lane from eastbound Smith Street ' onto northbound Lincoln Avenue. The project includes the construction of a new traffic signal at the intersection of South and Lincoln as well as the reconstruction of existing curb, gutter and sidewalks along Smith Street Widen Willis Street to provide a left turn lane from eastbound Willis Street to northbound 2nd Avenue South. This project includes construction of new curb, gutter and sidewalks along 2"d Avenue between Willis Street and Saar Street PROJECT COST: Preliminary Engineering.................$225,000 r Right of Way Acquisition.... ..........$305,000 r Construction ......... .................. ...$1,250,000 TOTAL........................................$1,780,000 FUNDING SOURCE(S): STP, City of Kent PROJECT JUSTIFICATION: These projects will improve traffic flow within the Kent Urban Center and unprotie access to Kent Station and the downtown business district. The left turn pocket at Willis and 2nd Streets will improve access to the Cit_y's Central Business District and stimulate economic development by providing a dnect connection between downtown Kent and State Route 516. The left turn pocket and signal at Smith and Lincoln Streets will facilitate the redevelopment of a portion of King County Metro Transit's Park and Ride Lot. r AIP-Arterial Improvement Program[State],0M.4Q-Congestion Mitigation and Air Quality[Federal],FAST-Freight 9 Action Strategy for Everett-Seattle-Tacoma Corridor FL/S/R-Freight Mobfity Strategic Investment Board[State],PTA- Federal Tiansit Adnunistiation[Federal],1[EN-hazard Elimination[Federal],ITS-intelligentTranspottation Systems [Fedeial],LID-Local Improi ement District PtVTF-Public Works Frost Fund Loan [State],STP-Surface Ti ansportation Pro-tam[Federal],T/A-Tianspoitation hnpiovement Account,TIR-Tiansportation Improvement Board [State], TPP— Tiansportation Paitnership Progiam[State] ' CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 PROJECT #10: Interurban Trail Crossings Signal interconnect Y, est.Veeker Street and YVest Smith Street r DrtSCRIPTION: Interconnect the existing traffic signals at the Interurban Trail crossings at West Meeker Street and West Smith Street to the Union Pacific Railroad crossings signals at said streets. PROJECT COST: Preliminary Engineenn... ................$38,000 Right of Way Acquisition...............$304,000 Construction ............................................-$0 TOTAL...........................................$342 000 FUNDING SOURCE(S): City of Kent, rPROJECT JUSTIFICATION: This project is required in order to interconnect the existing street signals with the railroad crossing signals. It will eliminate potential conflicts where traffic could back up across the railroad tracks. Most of the cost of this pro)ect is for the Union Pactfic Railroad to upgrade their grade crossing signal equipment to provide sufficient warming time of an approaching train. ,IIP-Ai tenal Improvement Program[State], CMAQ-Congestion Mitigation and Air Quality[Federal].FAST-Freight 10 Action Strategy for Everett-Seattle-Tacoma Cotndoi,I-MSIB-Freight Nlobihty Strategic Investment Bond fStatc],FTA- Federal ri ins it Administration IFederal],HES-Hazard Elnnmation[Federal],ITS-Intel IigentTranspoitation SyStcros [Federal],LID-Local improvement Distract,PRTF- Pub he Works Tiust Fund Loan[State],SIP-Surface Transportauon Program(Federal], TIA-Transportation Improvement Account, TIB-Transportation Improvement Board[State], TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2009 PROJECT HI 1: SE 248th Street Improvements Ile Avenue Southeast to 132li d Avenue Southeast DESCRIPTION: Constrict a new three lane roadway from 116"' Avenue Southeast to 132"`' Avenue Southeast which includes the construction of full width pavulg; , possible bicycle lanes, concrete curbs, gutters, and sidewalks; street lighting; storm drainage; landscaping, utilities and appurtenances. The project includes either a modern roundabout at the 116t1' Avenue Southeast intersection or a traditional traffic signal Improvements to vertical roadway geometry for sight distance and safety will also be addressed. PROJECT COST: Preliminary Engineering ineerin $900,000 g g............... Right of Way Acquisition...I.... ......$120,000 Construction ................................$4,000.000 TOTAL........................................$4,920,000 FUNDING SOURCE(S): City of Kent, LID, Development Mitigation Funds PROJECT r JUSTIFICATION: Additional capacity is required to accommodate existing development in the East Hill area of the city. This project will provide additional east- west capacity to supplement SE 240"' Street to the north, and SE 256"' Street to the south Whether or not bicycle lanes are added depends upon the final bicycle route plan adopted in the Transportation Master Plan In addition, the southeast corner of SE 248`11 Street and 124`I' Avenue SE is the future site of the City of Kent's Public Works maintenance facility. 1 AIP-Arterial improvement Program[State],CHAP—Congestion Mitigation and Air Quality[Feder all,FAST—Freight 1 1 Action Stiategy foi Eveiett-Seattle-Tacoma Corridor,RM51B—Freight Mobility Strategic Investment Board[State],FIA— Federal Tiansit Admimsuation[Federal],HES—I ta/ard Elimination[Federal],iTS—Intelligent transportation Systems [Federal],LID—Local improvement District,PiVTF—Public works Trust Fund Loan[State],S17'—Sui face Ti anspoi tation Piogram[Fedeial], TLA—Transportation hnprovemcnt Account, TiB—Tianspoitalion Improvement Boaid[State], TPP— Transpoi tation Paitnei ship Pi ogram[State] , t ' CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM ' YEAR: 2010 ' PROJECT 912: 801h Avenue South Widening South 196"' Street to South 188h Street DESCRIPTION: Widen 80ih Avenue South from South 196th Street to South 188th Street to five lanes. This will include four general-purpose lanes and a two-way left turn lane The project will also include the construction of full width paving; concrete curbs, gutters, and sidewalks; street lighting, stoma drainage, utilities and appurtenances IPROJECT COST: Preliminary Enaineerin $170,000 Right of Way Acquisition...............$350,000 Constriction ...................... ...... . ...$630,000 TOTAL........................................$1,150,000 FUNDING SOURCE(S): City of Kent, LID tPROJECT JUSTIFICATION: The opening of the 196t' Street corridor on the south end of the project and Renton's completion of Oaksdale Avenue South results in 80"' Avenue South being a signiFiicant north-south corridor serving the industrial area As a result. the increased traffic volumes along this section of 80"' Avenue South could reach the point where a consistent five lane roadway section is required to provide safe left turn access into the adlommg properties. Further, concrete curbs and gutter s are required to pro%ide control of roadway drainage and to prevent impacts to adjacent property owners. Sidewalks and street lighting will provide safe access for pedestrians. AIP-Artei ial Improvement Program[State],CV..40—Congestion Mitigation and Air Qualty[Federal],FAST--Freight ] ' Action Strategy Ioi Everett-Seattle-Tacoma Corridor,FAISIB—Freight Mobility Strategic Investment Board[State],FTA— Fedeial Tiansit Administration[Federal],HCS—Ilazaid EIt min ation[Federal],ITS—Intel eent Transpoi tat ion Systems [Federal] L(D—Local Improvement District,PIVTF—Public Woiks Tiust Fund Loan[State],S7P—Surface Tiansportation Program[Federal], TfA —Tianspoitation impioverrient Account, Ti/3—Tiansportation improvement Board[State], TPP— Tianspoitation Paitnership Pion*iam[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 , PROJECT 913: Military Road South at Reith Road. Intersection Improvement DESCRIPTION: Widen all approaches of Military Road South at Reith Road intersection to provide exclusive left turn lanes for each approach, and exclusive right turn lanes for northbound and southbound traffic on Military Road South ' and westbound traffic on Reith Road. Replace the existing traffic signal The project will include the construction of full width paving, paved shoulders, street lighting, storm drainage, utilities and appurtenances PROJECT COST: Preliminary Engineering... .............$140,000 Right of Way Acquisition...............$160,000 Construction .............................. .$1,400,000 TOTAL........................................SI J00,000 FUNDING SOURCE(S): TIE, City of Kent, Developer Mitigation Funds PROJECT JUSTIFICATION: The level of development on the Kent West Hill coupled with the growth in the Puget Sound area and the regularly occurring congestion along both Pacific Highway South and Interstate 5 results in significant congestion at this intersection in the morning and evening peak hours. AIP-Arterial Improvement Program[State], CM4Q—Congestion Mitigation and Air Qualitv[Federal],F,4ST—Freight 13 Action Strategy for Eveiett-Seattle-Tacoma Coi ndor,FMSIn—Freight NmobiIity Strategic investment Board[State],FTA— Federal Tiansit Adnnmstration[Feder al],TIES—Hazard Elimination[Fedor all,ITS—Intelligent Transportation Systems [Fedei all,LID—Local Improvement District,PFPTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Piogiam[Federal], TIa—Transportation Improvement Account, TIB—Transportation ImpiovementBoard[State], TPP— Transpoitation Partnership Piogram[State] ' CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 PROJECT #14: South 228"' Street/Union Pacific Railroad Grade Separation Guide Separatton crossing at Union Pacific Railroad DESCRIPTION: Constrict grade separation of the Union Pacific Railroad mainline tracks at South 228t1' Street The project will include the construction of an overpass or an underpass road; full-width paving, concrete curbs, gutters and sidewalks, street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering.. ...........$1,500,000 Right of Way Acquisition... ........$1,000,000 Construction ................ .............$19,500,000 TOTAL......................................S22,000,000 FUNDING SOURCE(S): City of Kent, TIB, FAST, FMSIB,Union Pacific Railroad PROJECT JUSTIFICATION: The project will lead to a seamless connection between major freight handlers and their primary destinations. This project will support freight moving through Kent to the Ports of Seattle and Tacoma, SeaTac Airport and the freeway sy stem. Grade separating this arterial will increase both rail and roadway capacity, decrease congestion, enhance safety, improve freight mobility in this corridor and throughout the region. This project will provide regional connections for thousands of businesses, employers, and the 40 million square feet of warehouse/industrial space to the valley. AIP-Artn ial Improvement Program[State],CAIAQ—Congestion Mitigation and Air Quality[Federal],l;4S7 —Freight 14 Action Snategy for Evcrett-Seattle-Tacoma Corridor,F,11S18—FrerghI MobiIny Strategic Inve,nnent Board[State],FTA— FedetaI Tiansrt Adminitnation[Federal],HGS—Hazard Elimination[Federal],ITS—IntelItgent Transportation Systems [Federal],LID—Local Improvement Disc iet,PII'T—Public Works Tt ust Fund Loan[State],STP—Surface Tiansportatron Piogiam[Federal], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board[State], TPP— Transportation Paitnerslup Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 PROJECT #15: Southeast 256t1' Street Widening, Phase II SR 516(Kent Karrglev Road) to 116i'Avenue SE DESCRIPTION: Construct a new three lane roadway from SR 516 (Kent Langley Road) to 116th Avenue SE including bike lanes on both sides of the roadway The project will include construction of full-width paving, concrete curbs, gutters, and sidewalks; street lighting; storm drainage; landscaping; utilities; and appurtenances. PROJECT COST: Preliminary Engineering ................$315,000 Right of Way Acquisition............ ..$435,000 Construction ...................... .........$3,100,000 ' TOTAL........................................$3,850,000 FUNDING SOURCE(S): City of Kent, Local Improvement District, TIB PROJECT JUSTIFICATION: SE 256t" Street is a two-lane roadway with no curbs, gutters or sidewalks and a limited street light system. During peak hours, the roadway cannot accommodate the traffic volumes due to the large number of vehicles blocking the roadway while waiting to turn left into driveways. The widening of SE 256"i Street also alleviates traffic on SR 516 (Kent Kangley Road) as the two roads essentially run parallel to each other. The project will increase the capacity of [tits roadway by adding a new center two-way left turn lane. This project will connect the SR 515/SR516 intersection with the improvements already existing on SE 256`i' Street east of I t 6"' Avenue SE AIP-Artena] Improx ement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 15 Action Strategy for Exerett-Seattle-Tacoma Corridor,FMSlB—Freight Mohr ty Strategic Investment Board[State],FTA— Federal Transit Admrmsuation[Federal],7I6S—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local Improvement Disti ict,PWTF—Public works Ti ust fund Loan[State],STP—Surface Ti,inspoitation Piogram tFederal],TIn —Transpoitation Improvement Account TIB—Tianspoitation lmpiovement Board[State]-TPP-- Tiansportation Partnership Program[State] ' CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM ' YEAR: 2010 PROJECT #16: Central Avenue South Pavement Rehabilitation Green Mver Bridge to East Mllis Street (SR 510) DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add service life to the roadway, between the Green River Bridge and East Willis Street (SR 516), This 1 project will include the removal and replacement of failing pavement sections and a full-width asphalt concrete overlay of the entire roadway Also included in this project is the selective replacement of curbs, gutters and sidewalks as well as minor storm drainage improvements. 1 PROJECT COST: Preliminary Engineering . ..............$120,000 Right of Way Acquisition....... . . . . . .$0 Construction ..... . ......... . ....- ... .$1,380,000 TOTAL........................................$1,500,000 FUNDING SOURCE(S): STP, City of Kent PROJECT JUSTIFICATION: The existing paving along this section of Central Avenue South is exhlbiting signs of distress, as demonstrated by "alligatoring", longitudinal cracking, and cracking of the curbs and gutters. The service life of this roadway has been reached, necessitating reconstruction of the pavement to extend the service life of the roadway, and prevent further pavement degradation. The sidewalk system is sub-standard in many locations and in need of replacement. i 1 AIP-Arterial Improvement Program[State],01AQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight 16 1 Action Strategy for Eveiett-Seattle-Tacoma Corridor,F-MSIB-Freight Mobrhty Strategic Imestment Board[State],174- Federal Transit Administration[Federal],ffES-Hazard Ehmmatron[Federal],ITS-Intelligent Transportation Systems [Federal],LID-Local Improvement District,PYVTF-Public Works Trust Fund Loan[State],.STP-Surface Transportation Program[I'ederal], TLt-Transportation Improvement Account, T/6-Tiansportation hnpimemcnt Board[State], TPP— Tiansportation Partnership Piograin[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2010 PROJECT #17: South 228"' Street Corridor-Phase III, South 224th Street Extension 84'I'Avenue South to 1041z'Avenue Southeast(Benson Road) (SR 515) DESCRIPTION: Construct a new five-lane road from 84f' Avenue South to 104t" Aveni Southeast (Benson Road) (SR 515), including a new bridge over SR 167, and modify the traffic signals at the intersection of South 224"' Street and 84`r' Aven South The project will include the construction of full-width paving, concri_ curbs, gutters and sidewalks; street lighting, storm drainage, landscaping; utihti- and appurtenances. PROJECT COST: Preliminary Engineering. . ..........$1,725,000 Right of Way Acquisition.. .........$5,525,000 Construction ........................... ..$21,500,000 ' TOTAL......................................$289750,000 FUNDING SOURCE(S): City of Kent, LID i PROJECT JUSTIFICATION: The existing roadway system cannot accommodate the current and forecast ca west traffic congestion between Kent's East Hill and the Green River Vall floor. In order to meet transportation concurrency requirements of the Groh Management Act, additional east-west vehicle capacity is required. Intersecti along South 208t /'9-12t" Street and James/SE 240t1i Streets are also at or 01er capacity. It is not feasible to widen the James/SE 240i1' Street and Sot 61 208°i/212th Street `corridors' to accommodate forecast traffic volumes widhc additional east-west capacity because of existing development and topographlc constraints. A/P-Arterial Improvement Program[State],CifAQ—Congestion Mitigation and Air Quality[Federal],F9ST—Freight 17 Action Snategy for Everett-Seattle-Tacoma Corridoi,t'NtSlB-Freight MoluIjq Stiategic Investment Board[State],FTA— ' Federal Tiansrt Admimstiation[Federal],HE'S—Hazard Fhnruiation IFedeia[],ITS—Intelligent Tiansportation Systems [Federal],UD—Local Improvement Diso ret,Pfrrl'-Public Works Trust Fund Loan [State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board [State], TPP— Tianspoitation Partnership Progiarm[State] CITY OF KENT ' SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT #18: Willis Street (SR 516)/Union Pacific Railroad Grade Separation Grade Separation Grossing at Union Pac fc Radroad(UPRR) DESCRIPTION: Construct grade separation of the Union Pacific Railroad's mainline tracks at Willis Street (SR 516) The project will include the construction of a railroad bridge, a four-lane roadway under-crossing; full width paving; concrete curbs, gutters, and sidewalks, street lighting; utilities and appurtenances. ' PROJECT COST: Preliminary Engtneenng . . . .......$4,600,000 Right of Way Acquisition..........................$0 ' Construction ............. ..$18,400,000 TOTAL......................................$23,000,000 FUNDING SOURCE(S): City of Kent, FAST, FMSIB, Port of Seattle, Port of Tacoma, TIB, Union Pacific Railroad PROJECT JUSTIFICATION: This project supports east-west freight and commuter mobility in the Green River Valley. More than 26,000 vehicles per day travel on Willis Street, including over 800 freight-bearing trucks. The level of freight traffic on the UP Railroad mainline is also increasing to approximately 20 trams a day. Grade separations provide the solution to the costly problem of congestion. The railroad crossing will no longer impede freight and other traffic flow Reductions in traffic congestion on adjoining streets and reduced envirouniental impacts caused by traffic congestion are also expected. This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and COIn 111 fltel"S. AIP-Arteiial impiovement Program[State],CMAQ-Congestion Mitigation and An Quality[Federal],FiST-Freight 18 Action Strategy For Eoeiett-Seattle-Tacoma Corridor,FitfS18—Freight Mobility Strategic Investment Board[State],FTA— Fedeial Tiansit Admmistiation[Federal],NFS—Ha7ard Elimination[Federal],ITS—intelligent Transportation Systems [Federal],LiD—Local hmpiovement Disti ict,Ptf'TF—Public Works Tiust Fund Loan[State],STT—Sin face Transportation Prop am[Federal], 71,1- Transportation hnpro�ement Account,TIB—Transportation Impiovement Board[State], TPP— ' transportation Partneiship Piogiam[State] CITY OF KENT ' SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT 919: Willis Street (SR 516)/Burlington Northern Santa Fe Railroad Grade Separation Grade Separation Crossings at Burlington Northern Santa Fe Railroad DESCRIPTION: Construct grade separation at the Burlington Northern Santa Fe Railroad ' mainline tracks at Willis Street (SR 516). The project will include the construction of a railroad bridge; four-lane vehicle under-crossing; full width paving; concrete curbs, gutters, and sidewalks; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$3,500,000 ' Right of Way Acquisition........... $3,500,000 Construction ... ..........................$12,700,000 TOTAL......................................$19,700,000 FUNDING SOURCE(S): City of Kent, Burlington Northern Santa Fe Railroad, FAST, ' FMS1B, Port of Seattle, Port of Tacoma, TtB PROJECT JUSTIFICATION: This project supports east/west freight and commuter mobility in the Green River Valley. More than 26,000 vehicles per day travel on Willis Street, Including over 800 freight-bearing trucks. The level of freight and passenger rail traffic on the BNSF Railroad mainline is also increasing to approximately 45 trams a day Grade separation provides more efficient movements of goods and provides a solution to the costly problem of congestion. The railroad crossing will no longer Impede freight and other traffic flow. Reductions in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion is expected. This project will enhance Kent as an econoinic generator- and provide regional connections for thousands of businesses, employers, and commuters. AIP-Arterial Improvement Program[State], CMAQ—Congestion Mitigation and Air Quality[Federal],FIST—Freight 19 Action Strategy fin Everett-Seattle-Tacoma Cori rdor,FMSIB—Freight Mobrhty Strategic Investinent Board[State],FT,4— ' Federal Tian nrt Adtnmrstration[Federal],fIES—Hazard Elimination [Federal],ITS—Intelligent Transportation Systems [Federal],I ID—Local improvement District,PWTF—Public Works Tiust Fund Loan [State],STP—Sur face Transportation Program[Federal], TIA—Transportation Improvement Account,TIB—Transportation Improvement Board[State], TPP— Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT #20: Military Road Widening South 272""Street to South 240'h Street DESCRIPTION: Widen Military Road South from South 272"d Street to South 240th Street adding left turn pockets at key intersections. (Note- Reith Road and South 272"d Street intersections are separate projects and not included in this project.) PROJECT COST: Preliminary Engineering. ...............$230,000 Right of Way Acquisition..........................$0 Construction .............. . ...... . . ....$2,070,000 ' TOTAL........................................$2,3009000 FUNDING SOURCE(S): CityofKent PROJECT JUSTIFICATION: The level of development along this section of Military Road South has reached the point where separated turn pockets are required to provide safe turning movements at key intersections and reduce the congestion by ' separating the turning movements from the through traffic. AIP-Arterial Improvement Program[Statel,CHAQ—Congestion Mitigation and Air Quality[Federal],F4ST—Freight 70 Action Shategv tot Everett-Seattle-7acomaContdor,FAISIB—Freight Mobility Strategic Investment Board [State[,FTA— Federal Transit Adnunistation[Federal],HES—Hazard Elunmation[Fedetall,ITS—Intelligent Transportation Svstems [Feder all, LTD—Local Impiovenient Dtsti tct, PIt-TF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Fed eta I1, 114 — Fansportaton Improvement Account,TIB—Transportation Improvement Board[Statel,TPP— Transportation Pat tnership Program[Statel CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM ' YEAR: 2011 PROJECT 921: South 2121h Street/Union Pacific Railroad Grade Separation Grade Separation Crossing at Union Pacific Railroad DESCRIPTION: Constrict grade separation of the Union Pacific Railroad's mainline tracks ' at South 212th Street. The project will include the construction of a railroad bridge, a six-lane roadway under-crossing; full-width paving; concrete curbs, gutters, and sidewalks; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering. . . $4,600,000 Right of Way Acquisition.. ........ $1,200,000 Construction ...................... .......$23,000,000 TOTAL......................................$289800,000 ' FUNDING SOURCE(S): City of Kent, FAST, TIB, Union Pacific Railroad ' PROJECT ' JUSTIFICATION: This project supports east-west freight and commuter mobility in the Green River Valley Approximately 29,000 vehicles per day travel on South 212'1' Street, including nearly 3,500 freight bearing trucks The level of ftetght traffic on the UP Railroad mainline is also increasing to approximately 201ranis a day Grade separations provide the solution to the costly problem of congestion. The railroad crossing will no longer impede freight and other traffic flow. Reductions in traffic congestion on adjoining streets and reduced envirom-rental impacts caused by traffic congestion Is also expected. This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and commuters. AIP-Arterial improvement Program[State],CAMO—Congestion Mitigation and Air Quality[Federal],FAST—Freight 2l Action Stiatepy for In erett-Scattle-Tacoma Corridot,FA9S1B—Freight Mobility Strategic Investment Board[State],FTA— Fedeia]Transit Administration[FederdI], 11ES—Hazard EImmalion[Federa[],1TS—Intelligent Fran spottahon Systems [Federal],f/D—Local impiovcment District,PfFTF—Public Works Ti us[Fund Loan[State] STP—SinfaceTiansportation Program[Federal], TIA—Tiancpoitanon Impio�ement Account,T117— Transportation Improvement Board[Slate],TPP— Ti anspoi tation Partnei ship Pi oD am [State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 ' PROJECT#22: South 212th Street/Burlington Northern Santa Fe Railroad Grade Separation Grade Separation Crossings at Burlington Northern Santa Fe Railroad DESCRIPTION: Construct grade separation at the Burlington Northern Santa Fe Railroad mainline tracks at South 212°' Street. The project will include the construction of a railroad bridge, six-lane vehicle under crossing, full width paving; concrete curbs, gutters, and sidewalks; street fighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$4,600,000 Right of Way Acquisition............$1,200,000 Construction ......... ... ... ..........$23,000,000 TOTAL......................................$28,8009000 FUNDING SOURCE(S): City of Kent, FAST, T113, Burlington Northern Santa Fe Railroad PROJECT JUSTIFICATION: This project supports east-west freight and commuter mobility in the Green River Valley Approximately 29,000 vehicles per day travel on South 212"' Street, including nearly 3,500 freight-bearing trucks. The level of freight and passenger rail traffic on the BNSF Railroad mainline is also increasing to approximately 45 trams a day Grade separation provides more efficient movement of goods and provides a solution to the costly problem of congestion. The railroad crossing will no longer impede freight and other traffic flow. Reductions in traffic congestion oil adjoining streets and reduced envirommental impacts caused by traffic congestion is expected. This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers and comnrtlters. AIP-Arterial Improvement Program[Statel,CM.AQ-Congestion Mitigation and An Quality[Federal],FAST-Freight 22 ' Action Stiateg) for Everett-Seattle-Tacoma Corridoi,FiVSIB-Freight Mobility Strategic investment Board[State],FTA- Fedeial Tiansit Administration [Federal],HES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems [Federal] LID-Local Impio�ement District,PIP71'-Public Works Trust Fund Loan[State],STP-Surface riansportation Program[Federal], 7I9-Transportation Improvement Account, TIB-Transportation Improvement Board[State] TPP— ' Transportation Partnership Program[State] CITY OF KENT ' SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT #23: West Meeker Street Widening—Phase 1 64`'Avenue South to the Green River Bridge DESCRIPTION: Widen West Meeker Street to provide a five lane roadway, including four general purpose travel lanes, a center left turn lane, bicycle lanes, a pedestrian signal at the Riverbend Golf Course, and modifications to the existing traffic signal system at the intersection of West Meeker Street and Russell Road The project will Include the construction of full-width paving; concrete curbs, gutters and sidewalks; landscaping, street lighting; storm drainage; utilities and appurtenances PROJECT COST: Preliminary Engineering.................$920,000 ' Right of Way Acquisition............$1,040,000 Construction ....... ........................$3,220,000 ' TOTAL........................................$5,l 80,000 FUNDING SOURCE(S): City of Kent PROJECT ' JUSTIFICATION: The level of development along this section of Meeker Sheet has reached , the point whereby a consistent five lane roadway segment is required to accommodate through traffic. Existing traffic volumes west of the intersection of 64tt' Avenue South indicate the need for a five lane section to accommodate additional development. Sidewalk and bicycle Improvements will provide additional incentive to encourage a safe and attractive walking and biking environment, promote alternative modes of ' travel, and facilitate access to scenic and recreational facilities. AIP-Arterial Improvement Program[State].CMAO—Congestion Mitigation and Air Quality[Federall,179,17—Freight 23 A ction Stiatcgy foi Everett-Seattle-TacomaCoindoi,F.VS/S—Frei glit Mobd try Suategiclmestment Board[State],FTA— Federal Tiansit Admrmstration[Federal],HIS—Hazaid Elnninauon[Federal],ITS—Intelligent Transportation Systems [Fed eialI,LID—Local Improvement Drstttct,P97F—Public works Trust Fund Loan [State],STP—Surface Transportation Piogiam[Fedeial], TIA— rransportatton hnpiovementAccount,TIB—Transportation improvement Board[State], TPP— Tianspoitation Partnership Program[State] CITY OF KENT � SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT #24: West Meeker Street Widening—Phase II SR 516 to the east side of the Green River, including a new bridge DESCRIPTION: Widen West Meeker Street between SR 516 and the Green River to provide a five lane roadway, including four general purpose travel lanes, a center left turn lane, and bicycle lanes. Construct a second two lane bridge for westbound traffic with a bike lane and sidewalk over the Green River parallel to the existing structure and convert the existing bridge to one-way eastbound with an eastbound bike lane. The project will include construction of full width paving, concrete curbs, gutters and sidewalks; street lighting, storm drainage, utilities and appurtenances. PROJECT COST: Prelunmary Engineering ................$920,000 Right of Way Acquisition.................. .......$0 Constriction .......... . . .. . ............$4,000,000 TOTAL........................................$4,920,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of Meeker Street has reached the point whereby a consistent five lane roadway is required to accommodate through traffic. Existing traffic volumes indicate the need for five lanes to accommodate additional development. Sidewalk- and bicycle improvements will provide additional incentive to encourage a safe and attractive walking and bicycling environment, promote alternative modes of travel, and facilitate access to scenic and recreational facilities. AIP-Arterial improvement Program[State],CAIAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight 24 Action Stiategy foi Geiett-Seattle-Tacoma Corridor,FMfS18- Freight Mobility Strategic investment noaid[State],FTA- Federal Tiansit Administiation[Federal],UES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems [Federal],LID-Local Improvement Dish iet,Pii'TF-Public Works Trust Fund Loan[State] STP-Surface Transportation Program[Federal],TL4-Transportation impiovement Account, TI6-Transportation bmprovement Board[State],TPP— Transpoitahon Paitnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT 925: 108th Avenue SE Extension SE Kent Kanulev Road(SR 516) to SE 2561h Street DESCRIPTION: Construct a new three lane roadway from SE Kent Kangley Road (SR 516) to SE 256"' Street including rebuilding the traffic signals at the intersection of SE Kent Kangley Road and 108th Avenue SE and installing a new traffic signal at the intersection of SE 256"' Street and 109"' Avenue SE. The project includes tight turn lanes northbound at 256'' Street and Southbound at Kent Kangley Road. The project will also include construction of full width paving; concrete curbs, gutters and sidewalks, street lighting; storm drainage: landscaping, utilities and appurtenances. As part of this project, the eastbound left-turn lane from Kent Kangley Road to 256"' Street will be eliminated. PROJECT COST: Prehnunary Engineering.............. ..$120,000 Right of Way Acquisition. ........... $860,000 Construction . .............................$1,040,000 TOTAL........................................$2,020,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This project will relieve congestion at the Y intersection of 100, Avenue SE (Benson Highway) (SR 515)/Kent Kangley Road (SR 516)/SE 256" Street by improving the traffic flow along SR 516 It will eliminate the left turn pocket from SR 516 to SE 256"' Street and redirect that traiTc along SR 516 to 108th Avenue SE There will be a new left turn pocket constructed for motorists wishing to travel north on 108"' Avenue SE to SE 256"' Street. By moving these left tuning movements further to the east, away from the congested Y intersection, all directions of traffic will be able to flow more efficiently. This extension will also provide another way for East Hill residents to have direct access to the business-by-pass route and better access to the commercial area south of the Kent Kangley Road/104"' Avenue SE intersection AIP-Ai teriai Improvement Program[State],C.MAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight 25 Action Strateati for Eveiett-Seattle-Tacoma Corridor,F"UY18—Freight Mobility Strategic Investment Boaid[State],FTA— Fedeial Tiansit Administration[Federal],HF..S—Hazard Ehmmation[Fedeial] ITS—Intelligent riansportatron Systems [Federal],LID—Local lmpio�ement Distract PffTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Pmgiam[Fedeial], T14— rianspoatation ImhiovementAccount, TIB-Transpoiaton Improvement rioaid[State], TPP— Transportation Pai tnership Program [State] ' CITY OF BENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2012 PROJECT #26: South 272"d Street Widening, Phase II Pacific High wa,South to Military Road South DESCRIPTION: Add two HOV lanes and left-turn lanes at intersections from Pacific Highway South (SR 99) to Military Road South. Construction will include full width paving; concrete curb, gutter, and sidewalks; street lighting; storm dtaimge, utilities, traffic signals, and appurtenances The project also includes widening the roadway under the I-5 bridges PROJECT COST: Preliminary Engineering..............$1,290,000 Right of Way Acquisition............$1,260,000 Construction . ...... .. ...... ...........$10,100,000 TOTAL......................................$12,650,000 FUNDING SOURCE(S): City of Kent, TIB, Washington State Transportation Partnership Account, Federal, Sound Transit PROJECT JUSTIFICATION: Traffic volumes between Pacific Highway South and Military Road South have reached the point where improvements supporting HOV-added capacity arc required to reduce congestion at the intersections and reduce backup, approaching I-5. The HOV lanes will provide access to the Star Lake Pail, anc Ride lot and the Redondo Heights Park and Ride lot. Adding HOV lanes ant HOV access to 1-5 supports various county and City of Federal War transportation and transit improvement projects. A1P-Arterial Improvement Program[State],CAMO—Congestion Mitigation and Air Quality[Federal],FAST—Freight 26 Action Strategy foi Eveiett-Seattle-Tacoma Corridor,Pit PUB—Freight Mobility Sn ategic Investment Boaid[State],FT4— FedeialTransitAdnumsnahon [Fedeia(],LIES—Hazard Unlit nation[Federal],ITS—Intel h gent Transpoit' I Systems [Federal],LID—Local Improvement District,PffTF—Public Works Trust Fund Loan[State],STP—SuifaceTiansportation Program[Federal], T1 f—Transportation Improvement Account, T111—Transportation 6npiovement Board[State], TPP— Tiansportauon Partnership Piogiam[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2012 PROJECT 927: SR 181/West Vallee llighway/Washington Avenue Widening Meeker Street north to tipproximateli,the 218'I' block DESCRIPTION: Widen the existing five lane road to seven lanes to include three lanes in each direction and a center turn lane and install a traffic signal at the intersection of West Valley Highway and South 238"' Street The project will include the constriction of full-width paying, concrete curbs, gutters and sidewalks; street lighting; storm drainage, landscaping; utilities and appurtenances. PROJECT COST: Preliminary Engineering . .............$860,000 Right of Way Acqunsrtnon ...........$4,700,000 Construction ...... .. . . ................. $9,100,000 TOTAL......................................$14,660,000 FUNDING SOURCE(S): City of Kent, STP, TIB, WSDOT PROJECT JUSTIFICATION: SR 181/West Valley Highway/Washington Avenue is a major north- south route through the City and an important truck route for freight moving between the manufacturing, industrial and warehousing center of the Green River Valley and the regional freight corridors. This route is seven lanes wide both north and south of the project segment. With increasing traffic volumes from the expected growth in both the freight and commute segments, the widening is needed to reduce congestion at intersections and reduce backups approaching SR 167 and South 212"' Street. AIP-Arterial Improvement Program[State],CM40—Congestion Mitigation and Air Quality(Federal],FAST—Freight 27 Action Stiategy foi Everett-Seattle-Tacoma Corridor,FAISIB—Freight Mobility Strategic Investment Board[state],FTA— Federal Tiansrt Admmisiiation[Fedeial],KES—Hazard Elimination[Fedeial],ITS—intelligent Tianspotation Systems [Fedcial],LID—Local Impi o%ement Disn ict,PTFTF—Public woi ks Trust Fund Loan[State],STP—Surface Tianspoitation Pigram[Federal] T14—Transportation ImprovementAccount, T113—Tian�poitation Improvement Board[State], TPP— I)ansportation Partneiship Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2012 PROJECT#28: South 2081h Street Improvements 8411,Avernte South to 96"' Way South DESCRIPTION: Rehabilitate the existing pavement to add additional service life to the roadway from 84"' Avenue South to 96t1' Way South. This project will widen the existing roadway to two 14 foot lanes with the addition of concrete curb, gutters, sidewalks, stone drainage and illumination The project will rebuild failing roadway sections near 93rd Avenue and add a left turn lane from eastbound 108"' Street to northbound 92"1 Avenue South. Retaining walls and guardrails will be added as needed. PROJECT COST: Preliminary Engineering.................$190,000 Right of Way Acquisition...............$110,000 Construction ........ . ....... .............$2,200,000 TOTAL........................................$2,500,000 FUNDINGSOURCE(S): CityofKent PROJECT JUSTIFICATION: South 208"' Street between 84th Avenue South and 96"' Way South is a substandard narrow two-lane roadway that cotviects 84"' Avenue (East Valley Highway) with SE 208"' Street. This section of roadway cannot accommodate the existing and anticipated traffic volumes and is experiencing pavement and roadway failures that require repair Widening of the roadway will necessitate the installation of retaining walls and guardrails 1 AIP-Artet ial Improvement Program[State],CAIAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight 28 Action Strategy for Everett-Seattle-Tacoma Corridor,FAISiB—Freight Mobility Strategic investment Board[State],FIA— Fedetal Transit Adnnnistraooil[Federal], IICS—Hazard Elimination[Fedetall,iTS—Intel hgentTransportation Systems [Fedetal],LID—Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Suiface Transportation Program[Federal] TL4—Transportation Improvement Account, TIB—Transportation Impioventent Boaid [State], TPP— Transportation Partnership Program[State] i CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2012 PROJECT #24: 132"d Avenue Southeast Widening—Phase 1 Southeast 288'f Street to Kent Kangley Road (SR 516) DESCRIPTION: Widen 132"d Avenue Southeast to provide a five lane roadway, including four general purpose travel lanes, a center left turn lane, and a bicycle facility, modifying the existing traffic signal system at the Intersection of Kent Kangley Road. The project will include the construction of full width paving, bicycle lanes, concrete curbs, gutters, and sidewalks; street lighting; storm drainage; landscaping; utilities and appurtenances PROJECT COST: Preliminary Engineering .............$1,600,000 Right of Way Acquisition.. ..... ..$2,000,000 Construction .................... . .........$7,800,000 TOTAL......................................$11,400,000 FUNDING SOURCE(S): City of Kent PROJECT , JUSTIFICATION: The level of development along this section of 132"d Avenue has already reached the point whereby a consistent five lane roadway section is desirable to provide safe left-turn access into adjoining properties and accommodate forecast traffic volumes The south end of 132"d Avenue Southeast provides alternative access to SR 18 Existing traffic volumes that exceed 20,000 ADT (near the intersection of 132"d Avenue Southeast and Kent Kangley Road) points to a five lane section Sidewalks and bicycle lanes wilt provide nui timodal access to adjacent land uses. AIP-Ai ter ial imps ovement Program[State],CAfAQ-Congestion Mitigation and Air Quality[Federal],FdST-Freight 29 Action Strmegy for Eve]eit-Seattle-"i aeoma Corridor,F.YSIR-Freight Mobility Strategic investment Board[State],FTA- Federal ilansit Administration[Fedeiall,HES- Hazaid Elimination[Federal],/TS-Intelligent Tianspoitation Systems [Fcdei al],UD-Local Impiovemant Disn ict.Pff'TF"-Public Works Trust Fund Loan[State],bTP-Surface Tiansportation Program[Federal], TIA-Transportation impioiement Account, TTIT-Transportation Improvement Board[Statel,TPP— Tianapoitation Paitnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2012 PROJECT#30: 132"d Avenue Southeast Widening—Phase II Kent Kangley Road (SR 516) to Southeast 248`'Street DESCRIPTION: Widen 132nd Avenue Southeast to provide a five lane roadway, including font general purpose travel lanes, a center left-turn lane, and a bicycle facility, modifying [lie existing traffic signal systems at the intersections of Kent Kanaley Road and Southeast 256"' Street. The project will include the construction of full-width paving, bicycle lanes; concrete curbs gutters and sidewalks; street fighting, stone drainage, utilities; and appurtenances. PROJECT COST: Preliminary Engineering .......$3,000,000 Right of Way Acquisition......... . $2,400,000 Construction .... . ......... . ...........$14,800,000 TOTAL......................................$20,200,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of 132nd Avenue has already reached the point whereby and consistent five land roadway section if desirable to provide safe left-tuna access into adjoining properties and accommodate foteeast traffic volumes. Existing traffic volumes that exceed 20,000 ADT (near the intersection of 132nd Avenue southeast and Kent Kangley Road) point to a five lane section. Sidewalks and bicycle lanes will provide multimodal access to adjacent land uses AIP-Arterial Impi ovcment Program[State] C44Q—Congestion Mitigation and Air Quality[Federal],FAST—Freight 30 Action Strategy for E4eiett-Seattle-Tacoma Corr idoi,F,44SIB—Fi eight Mobility Strategic Investment Board[State],FTA— Federal Tiansit Administration[Feder al],IfFS—Hazard FImunation[Federal],ITS—Intelligent Transportation Systems [Federal],LID—Local linpiovement Dish ict,PWTF—Public W oils Trust Fund Loan[Staten,STP—Sun face Transportation Progiam[Federal] TIA—Tiansportation Improvement Account, T18—Transportation improvement Board[State], TPP— Tiansportation Paitnership Piogiam[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2012 PROJECT#31: 132"d Avenue Southeast Widening— Phase III Southeast 248'f Sti-eet to Southeast 236'1'Street DESCRIPTION: Widen 132od Avenue Southeast to provide a five lane roadway, including four general purpose travel lanes, a center left-turn lane, and a bicycle facility; modifying the existing traffic signal system at the intersection of Southeast 240 Street. The project wilt include the construction of full- width paving, bicycle lanes; concrete curbs, gutters, and sidewalks, street lighting, storm drainage, utilities and appurtenances PROJECT COST: Preliminary Engineering..............$1,600,000 Right of Way Acquisition . . . . . . .$700,000 Construction .. . ...... . ... . .........$8,100,000 TOTAL......................................$10,400,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of 132"d Avenue has already reached the point whereby a consistent five lane roadway section is desirable to provide safe left-turn access to adjoining properties and accommodate forecast traffic volumes. Sidewalks and bicycle lanes will provide multimodal access to adjacent land uses. AIP-Arterial Improvement Program[State],CA1AO-Congestion Mitigation and Air Quality[Federal],FAST-Freight 31 Action Strategy for Everett-Seattle-Tacoma Coindoi,FAfS18-Freight Mobility Strategic Investment Board[State],FTA- Federal Ti ansit Administration[Fedei al],t11-S-Hazard Elimination[Federal],ITS-Intelligent Trdnsportation Svstems [Federal],LID-Local improvement Disnrct, 114717-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], T1A-Transportation Improvement Account,TfH-Transportation Improvement Board[State]. Tt P— Tianspoitatron Paitnershrp Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2012 PROJECT 932: Southeast 256"' Street Widening—Phase III 13 lr` Avenue Southeast to 148`1'.4venue Southeast i DESCRIPTION: Widen Southeast 256th Street to provide a three-lane roadway, including two general-purpose travel lanes, a center left-turn lane, and a bicycle facility, modifying the existing traffic signal systems where appropriate. Constrict a new bridge crossing at Sects Creels and elevate Southeast 256t1' Street approaches above the 100 year flood plain The project wilt include the construction of full-width paving, bicycle lanes, concrete curbs, gutters, and sidewalks; bridge; street lighting; stone drainage; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$2,300,000 Right of Way Acquisition...............$900,000 Construction ..............................$11,600,000 TOTAL......................................$14,800,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of Southeast 256th Street has already reached the point whereby a consistent three-lane roadway section is required to provide safe left-turn access into adjoining properties and accommodate forecast traffic volumes_ With file widening of Southeast 256°i Street, the bridge at the east end of the project would need to be replaced and elevated above the 100 year flood plain Sidewalks and bicycle lanes will provide safe access for pedestrians and cyclists The east end of Southeast 256°i Street provides an alternative access to SR 18. AIP-Arteiial Improvement Program[State],CAMO-Congestion Mitigation and Air Quality[Federal],FAST-Freight 32 Action Strategy for Everett-Seattle-Tacoma Corridor,FAfSIB-Freight Mobility Strategic Investment Boaid[State],FT,4- Fedei a] I i ansit Administration[Fedei al 1,LIES-Hazard BLnnnation[Federal),ITS-Intelligent Transportation Systems [Fedei ai]_LID-Loyal Impi ovement Drstnet, PWTF-Public Woi ks Trust Fund Loan[State],S P-Sin face Ti ansportation Piogiani[Fcclerall, TI,4 -Tiantiportation Improvement Account, TIB-Transportation Impiovement Boaid[State], TPP— Transportation Partnership Piogram[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2012 PROJECT#33: South 196ti"/192nd Street Corridor—Phase III 84`I'Avenue South (East Valley Highwali) to 108"' Avenue SE(SR 515) DESCRIPTION: Construct a new five lane roadway from 84"' Avenue South (East Valley Highway) to lOS°i Avenue SE (SR 515); iucludun-1 a new bridge over SR 167 Project will include the construction of full-width paving; concrete curb, gutter and sidewalks, street lighting; storm drainage, landscaping, utilities and appurtenances. PROJECT COST: Preliminary Engineering........ .....$5,700,000 Right of Way Acquisition............$5,700,000 Construction ........ .... . . ............$28,600,000 TOTAL......................................$40,000,000 FUNDING SOURCE(S): City of Kent, LID, STP,TIB PROJECT JUSTIFICATION: Traffic volumes on existing east-west corridors will exceed the adopted standards if forecasts of economic and residential growth on the East Hill of Kent and jurisdictions to the east of Kent continue as predicted by state and regional planning agencies Additional roadway capacity must be found to accommodate this growth within the urban growth boundaries This project supports GMA policies, helps the City meet its Coneurrency Standards, and augments previous investments in this corridor by extending its usefulness as a freight conidor and major cast- connection AIP-Arterial improvement Program[State],CA140-Congestion Mitigation and Air Quality[Federal],FAST-Freight 33 Action Stratcgy for Everett-Seattle-Tacoma Coriidoi,FAISIB-Freight Mobility Strategic investinent Board[State],FTA- Fedeial Transit Admimstiation[Federal),HES-Hazard Elimination[Fedeiaf],iTS-intelligent nansportation Systems [Federal],LID-Local tmprovement District,PIVTF-Public Works Trust Fund Loan[State],STP-Sin face Transportation Piogiam[Fedetall,TIA-Transportation improvement Account, TiB-Transportation Improvement Board[State],TPP— Ttansportatton Partnership Ptogtam[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007- 2012 PROJECT #34: State Route 167 Widening TT iden SR 167 from SR 512 to South 180" Street DESCRIPTION: City of Kent Engineering and Transportation Plarming staff support towards the Washington State Department of Transportation's project to widen State Route 167 from State Route 512 to South 180°' Street. This project is to include an additional general purpose lane in each direction and to complete the HOB' system. PROJECT COST: Preliminary Engineering........ . . .$1,200,000 Right of Way Acquisition. ........................$0 Construction ........................ . ............... ...$0 TOTAL........................................$1,200,000 FUNDING SOURCE(S): WSDOT, City of Kent PROJECT JUSTIFICATION: While this Washington State Department of Transportation (WSDOT) project i a multi-million dollar improvement consisting of State and RTID ftinduw, the City of Kent has provided, and will provide, hundreds of hours of transpoitatiou planning, data gathering, and preliminary engineering in support of this critica transportation corridor. The congestion on SR 167 resulting from inadequate capacity creates spillover congestion onto Kent arterials and jeopardizes the future of our local and regional economy. Kent is the second iarges warehouse/distribution center on the west coast, containing over 40 imllio square feet of warehouse/industrial space. Many Kent businesses ship t+ national and international customers and need reliable travel time to the portz With the planned extension of SR 167 to the Port of Tacoma and plarine� completion of SR 509 connecting Kent to the Port of Seattle, this project Nvoul� complete the freight corridor, shifting thousands of daily truck trips from 1 5 an SR 18 to SR 167 AIP-Artenal Improvement Program[Statel,Ct4AO-Congestion Mitigation and Air Quality[Federal],FAST-Freight 34 Action Suategy for Everett-Seattle-Tacoma Corridor,/-,IS(tf-Freight Mobility Strategic Investment Board[State],FTI- Federal Tiansit Admmistiauon [Federal],LIES--Hatard EIimmation[Federal],ITS-Intelligent Transpoitation Systems [Federal],GID-Local Iinpiotement District,1`471-'-Public Works Trust Fund Loan[State],STP-Sur face Tianspoitation Program IFederaI1, 1`I4--Tianspoitation Improvement Account, TI/3-Transportation Improvement Board[State], TPP— Transportation Partner ship Program f Statel CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 -2012 PROJECT 935: Bicycle and Pedestrian Improvements Ongoing 0";tde Program DESCRIPTION: Make miscellaneous improvements to the cty's pedestrian network and bicycle routes as identified in the Notunotorized Element of the Transportation Master Plan. PROJECT COST: Preliminary Engineering.................. $60,000 Right of Way Acquisition..........................$0 Construction ............................. . . 3562,000 TOTAL...........................................$622,000 r FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This project can help achieve the City's transportation goals for improving mobility and safe access for walking and bicycling. The project complies with the City's Commute Trip Reduction Ordinance by promoting non-motorized travel to employment centers, commercial districts, transit stations, schools and civic centers, and recreational destinations. Walking can be a practical alternative to driving, especially ■ for short trips and contributes greatly to neighborhood quality and vitality Pedestrian improvements to streets, intersections, sidewalks, and other facilities can improve access and safely Such facilities are particularly important for children, senior citizens, and people with disabilities This project also leverages opportunities to enhance safe walking routes to schools for children. i A/P-Arterial improvement Program[State],CMAO—Congestion Mitigation and Air Quality[Federal],FIST—Freight 35 Action Stiatcgy for Everett-Seattle-Tacoma Corridor,FMS78—Freight Mobility Strategic Investment Board [State],FT4— FederalTiansitAdministration [Federal] f7F,S—Hazaid Elimination [Federal],7TS—Intelligent Transportation Systcros [Federal],LID—Local Imp o%ement Dish ict PlVTF—Public Works Ti ust Fund Loan[State],STP—Sun face Ti ansportation Progiam[Fedeial], T74—Tiansportation Impiovement Account, TIB—Transportation improvement Board[Statcl, 7PP— Transporlahon Partneiship Piogiam[state] I CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007- 2012 i PROJECT#36: Guardrail and Safety Improvements ■ 011g0117g Cuvwule P1 ogram DESCRIPTION: Make miscellaneous guardrail Improvements each year to enhance motorist safety. Candidate projects include Frager Road and 100°i Avenue Southeast (near the 22600 block) Upgrade eXishng guardrail end- treatments as mandated by State and Federal regulations. PROJECT COST: Preliminary Engineering... ...............S20,000 Right of Way Acquisition . .......................$0 Construction .... .......................... ..S175,000 TOTAL...........................................$195,000 FUNDING SOURCE(S): City of Kent, HES PROJECT JUSTIFICATION: This project is mandated by compliance with Federal and State regulations and the requirement to eliminate potentially hazardous roadway conditions. ,i IP-Arteual Impi ovement Program[State],C MAQ-Congestion Mitigation and Air Quality[Federal].FAST-Freight 36 Action Strategy for Everett-Seattle-Tacoma Corridor,FAISIB -Freight Mobility Sirategic Investment Boaid[State],FT4- Federal Tiansit Administration[Federal],11ES -Hazard Elimination[Federal],ITS-Intelligent Tiansportation Systems [Fedeial],LID-vocal Impiovement District, P1YTI--Public Works Trust Fund Loan[State],STP-Surface Tianspoitation Program[Federal], T1A-Tiansportation Improvement Account, TIB-Transportation Improt ement Boaid[State], TPP— Tianspoitation Partnership Piogram[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007- 2012 PROJECT 937: Community Based Circulating Shuttles Ongoing CttvNrzde Programs DESCRIPTION: Continue to provide enhanced transit service to meet the needs of the community through the use of fixed-route shuttle service, with demand- responsive routing capabilities. Routes 914/916 serve the Kent Transit Center, Regional Justice Center, Kent City Hall, Green River Community College's Kent campus, and local shopping and medical facilities. The City plans to add two new routes to demonstrate the value of circulator transit service connecting residential areas of the east and west hills with the regional bus and commuter train services at the Kent Transit Center. PROJECT COST: Preliminary Engineetlng.............. .............$0 Right of Way Acquisition..........................$0 Construction .. . . .... ......... .. .........$840,000 TOTAL...........................................$840,000 FUNDING SOURCE(S): City of Kent,King County, ITS PROJECT JUSTIFICATION: Routes 914/916 provide mobility and independence to many of the city's seniors and reduce the steed for expensive ACCESS service for many wheelchair-lift service trips. Community circulating shuttles encourage the participation of all ages, all economic groups, all physical abilities, and virtually all of our cotnnninnity in everyday civtc life without the isolation and pollution of the automobile for every trip. Commuter shuttles enhance the regional transit/train service by providing the vital link from the home to the Transit Center and from the Transit Center to the workplace, encouraging people to leave their vehicles at home, avoiding the cold start impacts to air quality and reducing congestion on local streets. AIP-Aitenal Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FIST-Freight 37 Action Strategy for Fveiett-Seattle-Tacoma Corridor,FIfSM-Freight Mobility Strategic Investment Road[State],FTA- Fedetal Transit Adminisuatiou [Federal],IIGS-Hazard Elimination[Federal],ITN-Intelligent Transportation Systems [Federal],LID-Local Improt ement District, PIVTI-Public Works Trust Fund Loan[State],SIP-Suiface Transportation Piogiam[Fedeiall, T14-Transportation Improvement Account, TIB-Transportation Improvement Board[State], TPP— Tianspoitahon Partnership Program[Stain] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 -2012 PROJECT 938: Americans with Disabilities Act Compliance Sidewalk Repair and Rehabilitation Ongoing Citywide Program DESCRIPTION: Reconstruct and repair existing sidewalks and curb ramps and install new truncated domes and hard-surfaced sidewalks to implement and requirements of the Federal Americans with Disabilities Act (ADA) consistent with the findings of the Nonmotorized Element of the Transportation Master Plan. PROJECT COST: Prehmmaty Engineering........ ........$200,000 Right of Way Acquisition.... . ................. .$0 Construction .... ......... . . . .... ......$1 750 000 TOTAL........................................$1,950.000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This project is mandated by Title II of the Americans with Disabilities Act. Title 11 requires that a public entity must evaluate its services, programs, policies, and practices to determine whether they are in comptiance with the nondiscrimination requirements of the ADA. The ADA requires that an ADA Transition Plan be prepared to describe any structural or physical changes required to make programs accessible. The City of Kent has conducted a self evaluation and prepared a Transition Plan including a prioritized list of projects to bring itself Into compliance Ns ith the Fedei al ADA regulations This program begins working on that list of projects to reconstruct and repair the City's sidewalk and street/sidewalk transition zones for accessibility for all citizens. A1P- Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight 38 Action Strategy foi Everett-Seattle-Tacoma Corridor,I AfVB-Freight Mobility Strategic Im estmtnt Board[State],FTA- Fedcial Transit Administration[Fedeial], NHS-Hazaid Elimination[Federal],US-intelligent Transportation Systems [Federal],LID-Local Improvement District,MVTF-Public W of Ls Ti ust Fund Loan I State],STP-Sin face Ti ansportation Program[Federal],TIA-Transpor tation Improvement Account, TIB-Transportation Improvement Board[State],TPP— Transportation Partnership Program[State] CITY OF KFNT, WASHINGTON SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2007 - 2012 KENT WASH I NGTON For more information or additional copies of this document contact: Steve Mullen, Transportation Engineering Manager City of Kent, Public Works, Engineering 220 Fourth Avenue South Kent, WA 98032-5895 (253) 856-5585 smullen ci.kent.wa.us 39 Kent City Council Meeting Date August 15, 2006 Category Public Hearings 1. SUBJECT: CRITICAL AREAS REGULATIONS AMENDMENTS — ORDINANCE AND RESOLUTION 2. SUMMARY STATEMENT: This date has been set for a public hearing for Council to consider the amendments to the City's Critical Areas Ordinance ("CAO") which are being considered in response to the April 19, 2006, decision of the Growth Management Hearings Board (`Board") wherein the Board found that the City's CAO does not comply with the Growth Management Act Asa result of the Board's decision, the City's eligibility for state grants and Loans is at risk Council directed staff to appeal the Board's decision, and I simultaneously discuss with the state acceptable amendments to the ordinance Those discussions have concluded, and the attach amendments are presented for Council consideration In addition to amending the critical areas regulations set forth in the Kent City Code, it is also appropriate to repeat Resolution No. 1698 which established a Habitat Protection and Restoration Plan This plan is no longer necessary in light of the terms of the City's revised Critical Areas Ordinance 3. EXHIBITS: Ordinance; Resolution; 8/8/06, Staff Report; 8/3/06 Best Available Science Review; and 8/7/06, SEPA Addendum. 4. RECOMMENDED BY: City Council and Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure9 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:A. Councilmember t l m, oves, Councilmember dt se-- conds to close the public hearing. 1 B. Councilmember � k�m/oves, Councilmember Lreconds to adopt Ordinance No.� which amends chapter 11.06 of the Kent City Code, entitled "Critical Areas," and to adopt Resolution No LaOwhich repeals the Habitat Protection and Restoration Plan adopted by Resolution No 1698. DISCUSSION ACTION: ' v Council Agenda Yid Item No 5B i ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending chapter 11 06 of the Kent City Code, entitled "Critical Areas," to provide for wetland categorization and wetland buffer widths as required pursuant to a decision by the Central Puget Sound Growth Management Hearings Board, making other related amendments, and amending Kent City Code section 15 08 400 for consistency with these critical areas amendments. RECITALS A. On April 19, 2005, the Kent City Council passed its Ordinance No. 3746, which enacted new city of Kent critical areas regulations, pursuant to the state Growth Management Act (GMA). The council passed these regulations only after an extended period of scientific study, regulatory review, and community ( participation. The recitals embodied in Ordinance No. 3746 describe this process in detail and are incorporated into this ordinance by this reference. B. Subsequent to enactment of Ordinance No. 3746, the state of Washington, through the Department of Ecology (DOE) and the Department of Community, Trade, and Economic Development (CTED), filed an action before the Central Puget Sound Growth Management Hearings Board (GMHB) appealing icertain aspects of the city's ordinance. The state's appeal centered on the city council's application of best available science requirements under the GMA with respect to the ordinance's 3-tiered wetlands classification system, wetland buffer widths, and also the ordinance's treatment of certain artificially created wetlands. The state argued that the city should have used a 4-tiered wetlands classification ' 1 Critical Areas Ordinance- Revision system with larger wetland buffers and with a stronger focus on wetland and buffer habitat impacts. C. The city opposed this appeal and argued that its ordinance was consistent with the GMA and adequately incorporated BAS, particularly when balancing other GMA goals. D. One year after passage of the city's ordinance, the GMHB issued a decision and order on April 19, 2006, finding in favor of the state and specifically finding that the appealed portions of the city's critical areas ordinance did not comply with the GMA The GMHB decided that the city should not have used the 3-tiered classification system, should have incorporated larger buffer widths, and should amend its treatment of artificially created wetlands to comply with GMA requirements. E. The city appealed the GMHB decision to the King County Superior Court. Subsequently, all parties sought direct review before the state Court of Appeals, Division I. That court granted direct review on July 28, 2006. The appeal of the GMHB decision is currently pending before the Court of Appeals, but a final decision is not expected for many months, and if appealed again by either party from the Court of Appeals to the Washington State Supreme Court, , may not be finally resolved for a period of years As a result, the controversy, and the firmly held beliefs of all parties, remain active and under dispute. F. During the pending period of this appeal, however, certain state agencies have relied on the GMHB's finding that the city does not comply with , the GMA. In particular, the Washington State Public Works Board sent a letter to the city on May 24, 2006, stating that, because of the GMHB's finding of non- compliance, the city was not eligible to apply for grants from the Public Works Trust Fund. The city had, at that time, a pending application for a $7 million dollar low interest loan, and city staff, based on previous history of applications and awards through this agency, had a firm belief that the Public Works Board would likely award most, if not all, the requested amount. Moreover, city staff intended to use this award as seed money to obtain another $10 million from other state grant and loan funds through agencies like the Freight Mobility 2 Critical Areas Ordinance- Revision 1 Strategic Action Board (FMSIB) and the Transportation Improvement Board (TIB) 1 G. Other city grant and loan resources were similarly threatened. The InterAgency Committee (IAC) regularly authorized grants to the city's parks and recreation system. The IAC awards Its grants on a point score formula based on the answers provided by applicant Jurisdictions. These grants and the attendant scores are highly competitive, and score differences of as little as a few hundredths of a point can make a substantial difference in an applicant's final standing in the grant award queue. One of the questions asked in these standardized application forms is whether or not the applicant agency is in compliance with the GMA An IAC determination that the city did not comply with the GMA based on the GMHB's decision and order would also severely affect +� the city's grant eligibility. H. Even though the city council maintains that its Ordinance No. 3946 did in fact comply with the GMA, and even though the city intends to vigorously appeal the GMHB decision, the city council, in an effort to maintain Its eligibility with these agencies and in an effort to demonstrate Its willingness to comply with the GMHB, with the direction of DOE and CTED, and with the Office of the Governor, has determined to amend its critical areas ordinance to comply with the GMHB decision during the pendancy of the city's appeal of the decision. I. As a result, the city council directed staff, on July S, 2006, to consult with DOE and CTED, and to develop amendments to the city's critical areas regulations that would comply with the GMA. City staff has entered into these consultations with staff from the state agencies, has obtained their approval of the amendments contained in this ordinance, and by this ordinance, amends the city's critical areas regulations so as to comply with the GMHB decision and order and with the GMA. 1. Having received staff approval of the amendments contained in this ordinance, the city council, after providing appropriate public notice, and ' Because of a technical error in the applicable Washington Administrative Code section, the board subsequently reversed this decision and allowed the city to apply However, were it not for this technicality, the city could not have applied for Public Works Trust Fund loans 3 Critical Areas Ordinance- Revision i after completing appropriate State Environmental Policy Act (SEPA) review, has 1 determined to enact this ordinance, which is intended to obtain compliance with the GMA during the period that the Ordinance 3946 appeal is under review. , K. The city conducted and completed environmental review under the State Environmental Policy Act (SEPA), issuing an Addendum to its Comprehensive Plan Environmental Impact Statement (EIS) on August 7, 2006. Additionally, on July 6, 2006, the city provided notification under RCW 36.70A.106 to the state of Washington on the city's proposed amendment to the critical areas ordinance, and sought expedited review under RCW 36.70A.106(3)(b). Expedited review was granted by the Department of Community Trade and Economic Development on July 24, 2006. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Chapter 11.06 of the Kent City Code, entitled "Critical Areas," is amended to read as follows: Chapter 11.06 CRITICAL AREAS Article I. Procedural & Administrative Provisions Sec. 11.06.040. Exemptions. A. The following activities performed on sites containing critical areas as defined by this chapter shall be exempt from the provisions of these regulations: 1. Conservation or preservation of soil, water, vegetation, fish, and other wildlife that does not entail changing the structure or functions of the critical area. 2. Existing and ongoing agricultural activities, as defined in this chapter. 4 Critical Areas Ordinance- Revision 3. Activities involving artificially created wetlands or streams intentionally created from non-wetland sites, including but not limited to, grass- lined swales, irrigation and drainage ditches, retention or detention facilities, and landscape features, except wetlands or streams created as mitigation or that provide critical habitat for anadromous fish. 4. Operation, maintenance, repair, and reconstruction of existing structures, roads, trails, streets, utilities, and associated structures, dikes, levees, or drainage systems, provided, that reconstruction of any facilities or structures is not "substantial reconstruction," may not further encroach on a critical area or its buffer, and shall incorporate best management practices. 5. Normal maintenance, repair, and reconstruction of residential or commercial structures, facilities, and landscaping; provided, that reconstruction of any structures may not increase the previous footprint, and further provided that the provisions of this chapter are followed. 6. The addition of floor area within an existing building which does not increase the building footprint. 7. Site investigative work and studies that are prerequisite to preparation of an application for development including soils tests, water quality studies, wildlife studies, and similar tests and investigations; provided, that any disturbance of the critical area shall be the minimum necessary to carry out the work or studies. 8. Educational activities, scientific research, and outdoor recreational activities, including but not limited to interpretive field trips, birdwatching, boating, swimming, fishing, and hiking, that will not have a significant effect on 1 the critical area. 9. The harvesting of wild crops and seeds to propagate native plants in a manner that is not injurious to natural reproduction of such crops, and provided the harvesting does not require tilling of soil, planting of crops, or alteration of the critical area by changing existing topography, water conditions, or water sources. 5 Critical Areas Ordinance- Revision 10. Emergency activities necessary to prevent an immediate threat to public health, safety, property, or the environment which requires immediate action within a time too short to allow full compliance with this chapter as determined by the department. 11. Development of lots vested and/or legally created through a subdivision, short subdivision, or other legal means and approved prior to the effective date of the ordinance codified in this chapter. i2. Previeusly legally filled wetlands OF wetlands aeeidentally eFeated 1 by hurflan-aetiensPrier to 31:11Y 1, 1990. The latteTshala. be oeurnented RFeug;r the eF. 123. Removal of invasive plants and planting of native vegetation in wetland and stream buffers for the purpose of enhancing habitat values of these areas pursuant to an approved mitigation plan. 134. Stabilization of sites where erosion or landsliding threatens public or private structures, utilities, roadways, driveways, or publicly maintained trails or where erosion or landsliding threatens any lake, stream, wetland, or shoreline. Stabilization work shall be performed in a manner which causes the least possible disturbance to the slope and its vegetative cover. This activity shall be performed in accordance with approved site stabilization plans. 145. Minor activities not mentioned above and determined in advance and in writing by the director to have minimal impacts to a critical area. B. Notwithstanding the exemptions provided by this subsection, any otherwise exempt activities occurring in or near a critical area or its buffer shall comply with the intent of these standards and shall consider onsite alternatives ' that avoid or minimize significant adverse impacts. Emergency activities shall mitigate for any impacts caused to critical areas upon abatement of the emergency. 6 Critical Areas Ordinance- Revision 1 C. With the exception of emergency actions, and existing and ongoing agricultural activities, no property owner or other entity shall undertake exempt activities prior to providing fourteen (14) days' notice to the director and receiving confirmation in writing that the proposed activity is exempt. In case of 1 any question as to whether a particular activity is exempt from the provisions of this section, the director's determination shall prevail and shall be confirmed in writing. D. Legally established uses, developments, or structures that are nonconforming solely due to inconsistencies with the provisions of this chapter shall not be considered nonconforming pursuant to KCC 15.08.100. Reconstruction or additions to existing structures which intrude into critical areas or their buffers shall not increase the amount of such intrusion except as provided by KCC 11.06.100(A). Once a non-conforming use is discontinued for a period of one-year, that use cannot be re-established. E. The exemptions established by this section shall apply only to activities that are otherwise permitted by federal, state, and/or local laws. > Article II. Definitions ( Sec. 11.06.193. Corridor. Corridor means a continuous strip of undisturbed vegetation connecting two (2) critical areas, protected in perpetuity from development via a restrictive covenant in the form of a Conservation Easement, Sensitive Area Easement, or Sensitive Area Tract. Sec. 11.06.387. Natural heritage wetland. Natural hentaoe wetland means a wetland identified by the Washington State Department of Natural Resources Natural Heritage Program as either high ouailty undisturbed wetlands or wetlands that support state threatened, endangered, or sensitive plant species. Natural heritage wetland inventories are available from the Washington State Deoartment of Natural Resources. 7 Critical Areas Ordinance- Revision Sec. 11.06.530. Wetland. Wetland or wetlands means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of a road, street, or highway. However, wetlands include those artificial wetlands intentionally created to mitigate conversion of wetlands. For identifying and delineating wetlands, the Washington State Wetland Identification and Delineation Manual (Ecology, 1997) shall be used Wetlands determined prior converted cropland (PCC) by federal agencies may still be considered wetlands by the city of Kent. If these wetlands meet a requirements of the Washington State Department of Ecology Manual, the wetlands shall be regulated, and the critical area shall be protected like any other wetland pursuant to this code Sec. 11.06.533. Wetland category. Wetland category means the numeric designation (I through IV) assigned to a wetland to provide an indication of that wetland's overall function and value. Wetland categories rank the citv's wetlands from highest (Category I) to lowest (Category IV). Article III. General Mitigation and Monitoring Sec. 11.06.550. Mitigation standards. A. Mitigation sequencing shall be avoidance, minimization, mitigation. Any proposal to impact a critical area shall demonstrate that it is unavoidable or will provide a greater function and value to the critical area. 8 Critical Areas Ordinance- Revision B. Adverse impacts to critical area functions and values shall be mitigated. Mitigation actions shall be implemented in the preferred sequence identified in this chapter. Proposals which include less preferred and/or compensatory mitigation shall demonstrate that: 1. All feasible and reasonable measures have been taken to reduce impacts and losses to the critical area, or to avoid impacts where avoidance is required by these regulations; provided, that avoidance is not required where an applicant proposes to fill and replace a hydrologically isolated emergent Category IIII or IVFass 3 wetland less than five thousand (5,000) square feet in size pursuant to KCC 11.06.610(C). For the purposes of this section a hydrologically isolated wetland shall be determined by the U.S. Army Corps of Engineers. 2. The restored, created, or enhanced critical area or buffer will at a minimum be as viable and enduring as the critical area or buffer area it replaces. 3. In the case of wetlands and streams, no overall net loss will occur in wetland or stream functions and values. The mitigation shall be functionally equivalent to the altered wetland or stream in terms of hydrological, biological, physical, and chemical functions. Article IV. Wetlands Sec. 11.06.580. Wetlands rating system. The fellewing Fat ng system s he ebb a depte d t..r the r of .d`.t..r.....n g the size of . etl Rd buffers and IJ 1 r .-• .a'.... �r r �.�. fer the, Fevaew of pe li t.- under this chapter. FBF the parpeses of this etion the IJ S. Fish and Wildlife SeFV*Ee's rlassifeati of W,.ti. nds and n,,,...wateF Habitats of-the United States, FWS, (DBS 79-31 (Gewardin et al., r979) eenta.ns-t the V....Jl.l l r'�rar 1. 111... VV..•V 111{..T ICI.V FJTGsG11c 9 Critical Areas Ordinance- Revision v er t .�.t. the pFeseigee of ..t. al the State��. ._Nui a 1I�i rc vl ��11 Qrr rc Y �r Vr outstanding actual habitat fe thelsl 2m Wetlands equal te eF greateF than twe (2) aeFes lig size having forty (40) pereeRt to sixty (60) peFeent permanent open wateF 4is Fi rsed pa tw heo with t. (2) eF FmeFe elasses of vegetatlen. 3. Wetlands equal to eF greater than ten—(10) acres in si'e and having three sr ene ef whieh is open wateF. fens. 3.Wetiands equal to eF less than ene (1) aere, but greater than 10 squaF2.Wetlands equal te OF less than eme (1) aeFe in size and having three (3� e feet, that have ferested . ..dand .,lass G. Eatege,=y:we6ands. Wetland,- wh eh meet the f Ilf....l eriterla, i. \11 et'aFgds that are equal to or le tha eRe /i\ aere in sm-e A. Wetlands are classified as Category I, II, III, or IV based on the Washington State Wetland Rating System for Western Washington, Washington State Department of Ecology Publication 04-06-025, published August 2004. B. Wetland rating categories shall not recognize illegal modifications that have been made to a wetland or its buffers. 10 Critical Areas Ordinance- Revision Sec. 11.06.590. Determination of wetland boundary by 1 delineation. j A. Delineations shall be required when a development is proposed on property containing wetlands identified on the city of Kent wetland inventory or when any other credible evidence may suggest that wetlands could be present. Delineations shall also be performed when the evidence suggests that buffers from wetlands on adjacent properties may impact the proposed development. B. The exact location of the wetland boundary shall be determined through the performance of a field investigation applying the wetland definition of this chapter. An applicant may request the department to perform the delineation, provided the applicant pays the department for all necessary expenses ' associated with performing the delineation. The department shall consult with qualified professional scientists and technical experts or other experts as needed to perform the delineation. Where the applicant has provided a delineation of the wetland boundary, the department shall verify the accuracy of, and may render adjustments to, the boundary delineation. The decision of the department may only be appealed pursuant to procedures outlined in this chapter. C. The delineation shall contain the following information: I 1. A written assessment and accompanying maps of wetlands and buffers within one hunEl ed (!GO) two hundred seventy-five (275)-feet of the project area, including the following information at a minimum: all known wetland inventory maps (including a copy of the city of Kent wetland inventory map); wetland delineations and required buffers; existing wetland acreage; wetland category; vegetative, faunal, and hydrologic characteristics; soil and substrate conditions, and topographic data. 2. A discussion of measures, including avoidance, minimization, and mitigation proposed to preserve existing wetlands and restore any wetlands that were degraded prior to the current proposed land use activity. 3. A habitat and native vegetation conservation strategy that addresses methods to protect and enhance onsite habitat and wetland functions. 11 Critical Areas Ordinance- Revision t D. A wetland delineation which has been confirmed by the department pursuant to SEPA review for a proposed project shall be binding upon the city and the applicant. If a wetland delineation report has not gone through SEPA review as a part of the application process, and the city has approved a wetland delineation report for another purpose, the wetland delineation report shall be valid for a period of two (2) years from the date of the approved report. Sec. 11.06.600. Wetland buffers and building setback lines. A. Standard buffer widths. 1. Standard buffers shall be determined by the wetland category pursuant to KCC 11.06.580 and the Habitat Score from the Washington State Wetland Rating System for Western Washington, Washington State Department of Ecology Publication 04-06-025, published August 2004. Standard buffers shall be applied to wetlands unless otherwise reduced pursuant to subsection (B) of this section, increased_pursuant to subsection (C) of this section, or otherwise adjusted under other provisions of ch. 11.06 KCC. Standard buffers (in feet), and reduced buffers permitted pursuant to subsection (B) of this section, are provided in the following table. Habitat <20 w 20-28 20-28 w/ 29+ 29+ w Score 11.06.600(B) 11.06.600(B) 11.06.600(B) Points Category I 125 100 150 125 225 200 Category II 100 75 125 110 200 175 Category III 75 60 125 110 n a n a Category IV 50 40 n a n a n a n a 2. Wetland buffer zones shall be required for all regulated activities adjacent to wetlands. Any wetland created, restored, or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field. 12 Critical Areas Ordinance- Revision i The width of the wetland buffer zone shall be determined according to the rating assigned to the wetland. IStanElaFd Buff r 4: 440-feet -2 7eet E3. Boos shall have a standard buffer of two hundred fifteen (215) feet. However, a twenty-five (25) foot reduction is allowed with implementation of subsection (B) of this section. 4. Natural heritage wetlands shall have a standard buffer of two hundred fifteen (215) feet. However, a twenty-five (25) foot reduction is allowed with implementation of subsection (B) of this section. B. Reduced buffer wrdths. Standard buffer widths as noted in subsection (A) of this section may be reduced, as provided in that subsection's table, if the applicant implements all applicable mitigation measures identified in the following table- Examples o Activities and Uses that Examples of Measures to Disturbance Cause Disturbances Minimize Im acts Li hts • Parkin Lots • Direct liclhts away from • Warehouses wetland • Manufacturing • Residential Noise • Manufacturinci . Locate activitV that • Residential generates noise away from wetland Toxic runoff* • Parking lots . Route all new, untreated Roads runoff away from wetland Manufacturino while ensuring wetland is not • Residential Areas dewatered • Application of Ag Pesticides • Establish covenants limiting . Landscaping use of pesticides within 150- feet of wetlands . Ai)i)lv integrated est management Change in water . Impermeable surfaces • Infiltrate or treat detain regime . Lawns and disperse into buffer new • Tilling runoff from impervious surfaces and new lawns 13 Critical Areas Ordinance- Revision Pets and human • Residential areas • Use privacy fencing; plant disturbance dense native vegetation to delineate buffer edge and discourage disturbance: place wetland and buffer/corridor in a separate tract or easement Dust • Tilled fields • Use best management practices to control dust • These examples are not necessarily adequate for minimizing toxic runoff if threatened or endangered species are present. • This is not a complete list of measures. Other similar measures may be , proposed by the applicant for approval by the director or his/her designee. • Applicant shall discuss all applicable mitigation measures in the mitigation plan, including benefits to the wetlands for those used and rationale for not including specific measures. C8. Increased buffer widths. 1. If a Category I or II wetland, with a habitat score greater than twenty (20) points is located within three hundred (300) feet of a Priority Habitat Area as defined by the Washington State Department of Fish and Wildlife, or as mapped by the city of Kent as a priority habitat area in accordance with the Washington State Department of Fish and Wildlife definitions, the buffer established in subsection (A) of this section shall be increased by fifty (50) feet unless: a. The applicant provides a relatively undisturbed vegetated corridor at least one hundred (100) feet wide between the wetland and all Priority Habitat Areas located within three hundred (300) feet of the wetland. The corridor shall be protected for the entire distance between the wetland and the Priority Habitat Area pursuant to KCC 11 06.640, and b. The applicant incorporates all applicable mitigation design criteria pursuant to KCC it 06.600(B) 4:2. The director may require increased buffer widths on a case-by-case basis when a larger buffer is necessary to protect species listed by the federal government or the state as endangered, threatened, sensitive, or documented priority species or habitats. Such increased buffers shall be based on 14 Critical Areas Ordinance- Revision 1 ' recommendations by a qualified professional biologist and, if applicable, best management practices for protection of the species adopted by an agency with jurisdiction. 3-2. Applicants for development permits may volunteer to provide increased buffers pursuant to the following procedures: ' a. If an applicant provides a buffer which is permanently protected pursuant to the requirements of this chapter and is at least twenty-five (25) feet wider than the buffers required pursuant to subsection (A) of this section, the applicant may apply for a ten (10) percent increase in the number of residential units permitted per acre pursuant to the requirements of KCC 15.08 400, planned unit development, PUD. b. If an applicant provides a buffer which is permanently protected pursuant to the requirements of this chapter and is at least fifty (50) feet wider than the buffers required pursuant to subsection (A) of this section, the applicant may apply for a twenty (20) percent increase in the number of residential units permitted per acre pursuant to the requirements of KCC 15.08 400, planned unit development, PUD. IDG. Buffer averaging. 1. Wetland buffer width averaging shall be allowed where the applicant demonstrates the following: a. The ecological functions and values of the buffer after averaging is equivalent to or greater than the functions and values before averaging as determined by a qualified consultant and as approved by the city. Properly functioning buffers shall not be reduced through buffer averaging except in exceptional circumstances, such as a need to gain access to property or other similar circumstances, to be approved by the director. b. Averaging will not adversely impact the wetland functions and values. 15 Critical Areas Ordinance- Revision C. The total area contained within the wetland buffer after averaging shall be no less than the total area contained within the standard buffer prior to averaging. d. At no point shall the buffer width be reduced by more than fifty (50) percent of the standard buffer or be less than twenty-five (25) feet. e. The additional buffer shall be contiguous with the standard buffer and located in a manner to provide buffer functions to the wetland. f. If the buffers are degraded pursuant to KCC 11.06.227, they shall be restored pursuant to an approved restoration/enhancement plan. g. If restoration or enhancement of the buffer is required in order to establish a suitable growth of native plants, maintenance, and monitoring of the buffer for a period of at least three (3) years shall be provided pursuant to an approved monitoring plan as required by KCC 11.06.570. ED. Buffer restoration required. If the buffers, including both standard buffers and buffers which are averaged, are degraded, they shall be restored during development pursuant to an approved restoration plan. If the plan includes establishing a suitable growth of native plants, maintenance and monitoring of the buffer for a period of at least three (3) years shall be provided pursuant to an approved monitoring plan as required by KCC 11.06.570. Where it can be demonstrated that there will be no impacts from the proposed development to the wetland or wetland buffer, the director shall have the authority to waive or modify this requirement. FE. Required report for buffer averaging and/or reduction. A request to buffer average pursuant to subsection (QD) shall be supported by a buffer enhancement/restoration plan prepared by a qualified professional. The plan shall assess the habitat, water quality, storm water detention, groundwater recharge, shoreline protection, and erosion protection functions of the buffer; assess the effects of the proposed decreased or modified buffer on those functions; and address the applicable criteria listed in this section. A buffer restoration and/or enhancement plan shall also provide the following: (1) a map t 16 Critical Areas Ordinance- Revision locating the specific area of restoration and/or enhancement; (2) a planting plan that uses native plant species indigenous to this region including groundcover, shrubs, and trees; and (3) provisions for monitoring and maintenance throughout the monitoring period. IGF. Buffer condition. Except as otherwise allowed by this section, wetland buffers shall be retained in their natural condition. Where buffer disturbance has occurred during construction, re-vegetation with native vegetation shall be required pursuant to an approved restoration/enhancement plan consistent with Ithis code. HG. Buffer utilization for landscape requirements. Enhanced wetland buffers may be used to satisfy landscaping requirements in Ch. 15.07 KCC where all of 1 the following criteria are satisfied: 1. The buffer, as enhanced by applicant, will provide equivalent or greater protection of wetland functions. 2. The enhanced buffer will meet the landscaping requirements as outlined in Ch. 15.07 KCC. The proposed landscape vegetation satisfies wetland buffer vegetation requirements. 3. The enhanced buffer is of the full landscape width required by Ch. 15.07 KCC. 14. Permuted uses in a wetland buffer. Activities shall not be allowed in a buffer except for the following and then only when properly mitigated: 1. When the improvements are part of an approved enhancement, restoration, or mitigation plan. 2. For construction of new public or private roads and utilities, and accessory structures, when no practicable alternative location exists. ' 3. Construction of foot trails, according to the following criteria: a. Constructed of permeable materials. b. Designed to minimize impact on the stream system. 1 17 Critical Areas Ordinance- Revision C. Of a maximum width of eight (8) feet. d Where feasible, located within the outer half of the buffer, j i.e., the portion of the buffer that is farther away from the stream, except to cross a stream when approved by the city and all other applicable agencies and except as appropriate to provide outlook points or similar locations for educational, scientific, and other purposes which will not adversely affect the overall functions and values of the wetland. 4. Construction of footbridges and boardwalks. t 5. Construction of educational facilities, such as viewing platforms and informational signs. 6. The construction of outdoor recreation such as fishing piers, boat launches, benches. 7. Maintenance of pre-existing facilities or temporary uses having minimal adverse impacts on buffers and no adverse impacts on wetlands. These may include but are not limited to: maintenance of existing drainage facilities, low intensity passive recreational activities such as pervious trails, nonpermanent wildlife watching blinds, short-term scientific or educational activities, and sports fishing. 8. Stormwater discharge outlets with energy dissipation structures as approved by the city of Kent. Unless otherwise approved by the director, these shall be located as close to the outer perimeter of the buffer as allowed by proper design and function of the discharge system. To the extent that construction of such outlets impacts vegetation in the buffer, restoration of the vegetation shall be required. 9. On-going citymaintenance activities by the elty of Kent vegetation its public works and parks department vegetation and management divisions shall be permitted to continue general maintenance of wetlands and associated buffers. Maintenance shall include but not be limited to trash removal, removal of non-native vegetation, maintenance of existing 18 Critical Areas Ordinance- Revision vegetation as necessary, restoration, enhancement, and sign and fence maintenance. IN. Building setback lines. A minimum building setback line of fifteen (15) feet shall be required from the edge of a wetland buffer provided the director may reduce the building setback limit by up to five (5) feet if construction, 1 operation, and maintenance of the building do not and will not create a risk of negative impacts on the adjacent buffer area. Alterations of the building setback lines shall not be permitted to create additional lots for subdivisions. Approval of alterations of the BSBL shall be provided in writing by the director, or his/her designee, and may require mitigation such as buffer enhancement. Sec. 11.06.610. Avoiding wetland impacts. Regulated activities shall not be authorized in Category I+ wetlands except where it can be demonstrated that the impact is both unavoidable and necessary as described below, or that all reasonable economic uses are denied. A. Where water-dependent activities are proposed, unavoidable, and necessary impacts may be permitted where no reasonable alternatives exist which would not involve wetland impacts; or which would not have less of an adverse impact on a wetland; and that would not have other significant adverse environmental consequences. ' B. Where nonwater-dependent activities are proposed, the applicant must demonstrate that: ' 1. The basic project purpose cannot reasonably be accomplished using an alternative site in the general region that is available to the applicant. 2. A reduction in the size, scope, configuration, or density of the I project as proposed; and all alternative designs of the project as proposed that would avoid or result in less adverse impacts on a wetland or its buffer will not accomplish the basic purpose of the project. 3. In cases where the applicant has rejected alternatives to the project as proposed due to constraints such as zoning, deficiencies of 19 Critical Areas Ordinance- Revision infrastructure, or parcel size, the applicant has made a reasonable attempt to remove or accommodate such constraints. C. Filling of a hydrologically isolated emergent Category III or Category IV f wetland less than five thousand (5,000) square feet in size shall be permitted, provided a replacement wetland area is created pursuant to KCC 11.06.660(D)(3)(a). For the purposes of this section, a hydrologically isolated wetland shall be determined by the U.S. Army Corps of Engineers. Sec. 11.06.620. Limits of impacts to wetlands. A. For wetlands where buffers are not connected to riparian corridors, (Category IV3 wetlands, and Category III3 wetlands which score less than 20 points for habitat functions_r= net GategeF 4 • etlands ^9°• beeause they emeeed ^e " ` aeFe on e) the following applies: regulated activities which result in the filling of no more than ten thousand (10,000) square feet of a wetland may be permitted if mitigation is provided consistent with the standards. B. In computing the total allowable wetland fill area under this section, the director shall include any areas that have been filled since January 1, 1991. For example, if five thousand (5,000) square feet of a wetland were filled in February, 1991, future applicants would only be allowed a maximum of five r thousand (5,000) additional square feet under this section Any proposed fill over ten thousand (10,000) square feet must demonstrate unavoidable and , necessary impacts. Sec. 11.06.660. Compensating for wetland impacts. A. Condition of approval. As a condition of any approval allowing alteration of wetlands and/or wetland buffers, or as an enforcement action, the director shall require that the applicant engage in the restoration, creation, or enhancement of wetlands and their buffers in order to offset the impacts resulting from the applicant's or violator's actions. The applicant shall develop a plan that provides for construction, maintenance, and monitoring of replacement wetlands and/or buffers and, as appropriate, land acquisition that re-create as 20 Critical Areas Ordinance- Revision nearly as practicable or improves the original wetlands in terms of acreage, function, geographic location, and setting. B. Goal. The overall goal of any compensatory mitigation project shall be no net loss of overall wetland acreage or function and to replace any wetland area lost with wetland(s) and buffers of equivalent functions and values. ' Compensation shall be completed prior to wetland destruction, where practicable. Compensatory mitigation programs shall incorporate the standards and requirements contained in KCC 11.06 550 and 11.06.560. C. Restoration and creation of wetlands and wetland buffers. Any person who alters wetlands shall restore or create wetlands of equivalent functions and values to those altered in order to compensate for wetland losses. Any created or restored wetlands shall be protected by the provisions of this chapter. D. Acreage replacement and enhancement ratio. Wetland alterations shall be replaced or enhanced using the formulas below; however, the director may choose to double mitigation ratios in instances where wetlands are filled or impacted as a result of code violations. The first number specifies the acreage of wetlands requiring replacement and the second specifies the acreage of wetlands altered. These ratios do not apply to remedial actions resulting from illegal alterations. 1. Compensation for alteration of Category 1I wetlands shall be accomplished as follows: a. By creation of new wetlands at a ratio of six (6) to one (1); It. By creation of new wetlands at a ratio of one (1) to one (1) and by enhancement of existing wetlands at a ratio of ten (10) to one (1); or C. By a combination of creation of new wetlands and enhancement of existing wetlands within the range of the ratios set out in subsections (D)(1)(a) and (b) of this section, so long as a minimum one (1) to one (1) creation ratio is met (for example, creation of new wetlands at a one and one-half (1.5) to one (1) ratio along with enhancement of existing wetlands at a ratio of five (5) to one (1) may be acceptable). 21 Critical Areas Ordinance- Revision 2. Compensation for alteration of Category 2II wetlands shall be accomplished as follows: a. By creation of new wetlands at a ratio of three (3) to one (1); b. By creation of new wetlands at a ratio of one (1) to one (1) and by enhancement of existing wetlands at a ratio of four (4) to one (1); or C. By a combination of creation of new wetlands and enhancement of existing wetlands within the range of ratios set out in subsections (D)(2)(a) and (b) of this section, so long as a minimum one (1) to , one (1) creation ratio is met. 3. Compensation for alteration of Category III3 wetlands shall be accomplished as follows: a. By creation of new wetlands at a ratio of two 2 ORe and ene half (1-5) to one (1); b. By creation of new wetlands at a ratio of one (1) to one (1) and by enhancement of existing wetlands at a ratio of two Mane (1) to one (1); ' or C. By a combination of creation of new wetlands and ■ enhancement of existing wetlands within the range of ratios set out in subsections (D)(3)(a) and (b) of this section, so long as a minimum one (1) to one (1) creation ratio is met. 4. Compensation for alteration of Category IV wetlands shall be accomplished as follows: a. By creation of new wetlands at a ratio of one and one-half (1.5) to one (1); or b. By creation of new wetlands at a ratio of one (1) to one (11 and by enhancement of existing_wetlands at a ratio of one (1) to one (1). 22 Critical Areas Ordinance- Revision E. Decreased replacement ratio. The director may decrease the required replacement ratio where the applicant provides the mitigation prior to altering the wetland, and a minimum acreage replacement ratio of one (1) to one (1) is provided. In such a case, the mitigation must be in place, monitored for three (3) growing seasons and be deemed a success prior to allowing any alterations. F. Wetland/habitat bank. Mitigation may be allowed within a wetland/habitat mitigation bank located within the city of Kent once a bank is formed. Proposed developments must continue to demonstrate avoidance, minimization, and mitigation prior to being allowed to mitigate using a wetland bank site. A review of the feasibility of onsite mitigation will be required to be prior to allowing mitigation credits from a mitigation bank. G. Wetland type. In-kind compensation shall be provided except that out-of- kind compensation may be accepted where: I1. The wetland system to be replaced is already significantly degraded and out-of-kind-replacement will result in a wetland with greater functional value. 2. Technical problems such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impracticable. 3. Out-of-kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types). H. Location. Onsite compensation shall be provided except where the applicant can demonstrate that: 1. The hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged 1 by the onsite loss. Onsite compensation is not feasible due to problems with hydrology, soils, ' or other factors. I 23 Critical Areas Ordinance- Revision I 2. Compensation is not practical due to potentially adverse impacts from surrounding land uses. 3. Existing functional values at the site of the proposed restoration , are significantly greater than lost wetland functional values. 4. Adopted goals for flood storage, flood conveyance, habitat, or other wetland functions have been established and strongly justify location of compensatory measures at another site. I. Offsite compensation. Offsite compensation shall occur within the same drainage basin as the wetland loss occurred, unless the applicant can demonstrate extraordinary hardship. ]. Offsite compensation site selection. In selecting compensation sites for creation or enhancement, applicants shall pursue siting in the following order of preference: 1. Upland sites which were formerly wetlands and/or significantly degraded wetlands. Such wetlands are typically small; have only one (1) wetland class; and have one (1) dominant plant species or a predominance of exotic ' species 2. Idle upland sites generally having bare ground or vegetative cover consisting primarily of exotic introduced species, weeds, or emergent vegetation. 3. Other disturbed upland. ' K. Timing. Where feasible, compensatory projects shall be completed prior to activities that will disturb wetlands, or immediately after activities that will temporarily disturb wetlands, or prior to use or occupancy of the activity or development which was conditioned upon such compensation Construction of compensation projects shall be timed to reduce impacts to existing wildlife and flora. L. Completion of mitigation construction. On completion of construction, any , approved mitigation project must be signed off by the applicant's qualified 24 Critical Areas Ordinance- Revision consultant and approved by the department, A signed letter from the consultant will indicate that the construction has been completed as approved, and approval of the installed mitigation plan will begin the monitoring period if appropriate. SECTION 2. - Amendment. Section 15.08.400 of the Kent City Code, entitled "Planned unit development, PUD," is amended to read as follows: 15.08.400 Planned unit development, PUD. The intent of the PUD is to create a process to promote diversity and creativity in site design, and protect ' and enhance natural and community features. The process is provided to encourage unique developments which may combine a mixture of residential, commercial, and industrial uses. The PUD process permits departures from the conventional siting, setback, and density requirements of a particular zoning district in the interest of achieving superior site development, creating open space, and encouraging imaginative design by permitting design flexibility. By using flexibility in the application of development standards, this process will promote developments that will benefit citizens that live and work within the city. C. Development standards. The following development standards are minimum requirements for a planned unit development: 2. Minimum site acreage. Minimum site acreage for a PUD is I established according to the zoning district in which the PUD is located, as follows: ' 25 Critical Areas Ordinance- Revision Zones Minimum Site Acreage Multifamily (MR-D, MR-G, MR-M, MR-H, MRT 12, None MRT 16) Commercial, office and manufacturing zones None , SR zones (SR-1, SR-2, SR-3, SR-4 5, SR-6, SR-8) consisting entirely of detached single-family 5 acres dwellings as defined in KCC 15.02 115 SR zones (SR-1, SR-2, SR-3, SR-4 5, SR-6, SR-8) consisting entirely of detached single-family dwellings as defined in KCC 15 02.115 and if 0 acres providing increased wetland buffers pursuant to KCC 11.06.600 fB*Z C 3 SR zones (SR-1, SR-2, SR-3, SR-4.5, SR-6, SR-8) not comprised entirely of detached single-family 100 acres dwellings as defined in KCC 15.02 115 SECTION 3. - Savings. The existing chapters and sections of the Kent City Code, which are repealed and amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 4. - 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. SECTIONS. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. , SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 26 Critical Areas Ordinance- ' Revision 1 r APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of August, 2006. rAPPROVED: day of August, 2006. PUBLISHED: day of August, 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 1 P\Civil\Ordinance\CriticalAreas-080106 doc r r r r r r 27 Critical Areas Ordinance- Revision r 1 1 � RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, repealing Resolution No. 1698, which established a Habitat Protection and Restoration Plan, as it is no longer necessary in light of the terms of the city's new Critical Areas Ordinance adopted by council on August 15, 2006 RECITALS A. On April 19, 2005, the city council adopted Resolution No. 1698 which established a Habitat Protection and Restoration Plan. This plan was ' established in support of the City's Critical Areas Ordinance, also adopted on April 19, 2005. ' B. The state Departments of Ecology and Community, Trade, and Economic Development appealed the City's adoption of the Critical Areas Ordinance to the Growth Management Hearings Board. In response to that ' appeal, the Growth Management Hearings Board issued a Final Decision and Order which declared that the City's Critical Areas Ordinance did not comply with certain requirements and goals established by the Growth Management Act, Chapter 36.70A RCW. C. In response to the Growth Management Hearings Board's Final Decision and Order, the city council adopted a revised Critical Areas Ordinance on ' August 15, 2006, which included greater protections to critical area habitats. As such, it is no longer necessary for the city to have in place a separate Habitat Protection and Restoration Plan, and therefore, it is appropriate at this time to repeal Resolution No. 1698 which established that plan. 1 Repeal Habitat Protection and Restoration Plan, Resolution No. 1698 r NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Repealer. In light of the recent revisions adopted by the city council on August 15, 2006, to its Critical Areas Ordinance, the Habitat Protection and Restoration Plan adopted by Resolution No 1698 is no longer necessary. Accordingly, the city council hereby repeals Resolution No. 1698 in its entirety. SECTION 2. - Severablllty. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions ' of this resolution. SECTION 3. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of August, 2006. CONCURRED in by the mayor of the city of Kent this day of August, , 2006. SUZETTE COOKE, MAYOR , ATTEST: BRENDA JACOBER, CITY CLERK , 2 Repeal Habitat Protection and Restoration Plan, Resolution No. 1698 ' APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. 1 passed by the city council of the city of Kent, Washington, the day of August, 2006. BRENDA JACOBER, CITY CLERK P\CIVIi\R¢Wlutbn\HaDlbtPro[![[wn9RG4IMatlon REPEAL doc 3 Repeal Habitat Protection and Restoration Plan, Resolution No. 1698 PUBLIC WORKS DEPARTMENT Larry Blanchard, Public Works Director Phone: 253-856-5500 K E N T Fax. 253-856-6500 W n S H1 40T0 Address: 400 West Gowe St Kent, WA 98032-5895 ' August 8, 2006 TO: MAYOR COOKE AND KENT CITY COUNCIL FROM: MIKE MACTUTIS ENVIRONMENTAL ENGINEERING MANAGER AND KIM MAROUSEK, AICP, PRINCIPAL PLANNER SUBJECT: KENT CITY CODE CHAPTER 11.06 AMENDMENT #ZCA-2002-4(R) CRITICAL AREAS ORDINANCE SUMMARY: At the July 5, 2006 meeting, the City Council was presented several options to modify the City of Kent wetland regulations. These revisions were developed in accordance with negotiations between the City, and the state Departments of Ecology (DOE) and Community Trade and Economic Development (CTED) in response to the Central Puget Sound Growth Management Hearings Board's (CPSGMHB) decision that the city's wetland regulations ' adopted by Ordinance #3476 were not compliant with the requirements of the Growth Management Act (GMA). After reviewing the options presented, the City Council directed staff to draft regulations consistent with Option 3 as outlined in the staff memorandum dated June, 29, 2006. BACKGROUND: On April 19, 2005 the Kent City Council adopted critical area regulations pursuant to the Growth Management Act by Ordinance #3476 The ordinance was subsequently appealed by DOE and the CTED to the CPSGMHB (DOE/CTED v. City of Kent No. 05-3-0034). The CPSGMHB issued a decision on April 19, 2006, finding the City's regulations were non- compliant with GMA in the following areas: 1) wetland rating system; 2) wetland buffers; and 3) a provision regarding accidentally created wetlands. Pursuant to RCW 36.70A.106(3) notice to state agencies was sent along with a request for expedited state review. The request for expedited review was granted on July 24, 2006. The City did not receive any formal comments from state agencies regarding the proposed ordinance revisions. However, staff worked closely with DOE and CTED in drafting the revisions. Notice for this public hearing was published in the King County Journal on August 4, 2006 and ' mailed to parties of record in the original file. Environmental review, pursuant to the State Environmental Policy Act, was completed for the proposed regulatory revisions on August 7, 2006 with the issuance of an addendum to the City's Comprehensive Plan EIS. In addition, independent review of the proposed revisions was completed by the City's wetland consultant to ensure compliance with the GMA requirement for Best Available Science (BAS) t pursuant to WAC 365-195. A copy of the BAS memorandum is attached for Council's ' consideration. On April 19, 2005, in support of the City's adoption of a critical areas ordinance, and in an effort ' to offset any unintended past and present risks of degradation to existing wetland functions and values, the City passed Resolution No. 1698, which authorized a critical areas Habitat Protection and Restoration Plan for the City of Kent to identify, enhance and preserve significant critical areas in Kent Due to the inclusion of required wildlife habitat corridors within the proposed critical area regulations and the associated habitat protection those corridors would provide, Resolution No. 1698 may be repealed. BUDGET IMPACT: None ' PROPOSED REVISIONS: The following summarizes the revisions proposed by the draft regulations: ' Wetland Rating System The wetland rating system previously adopted by Ordinance #3746 included a three-tiered ' rating system. The proposed revisions would adopt a four-tiered rating system which is consistent with the state DOE guidance and is similar to the type of rating system adopted by King County. This rating system requires an applicant to complete a wetland rating form for water quality, hydrologic functions and habitat functions to determine wetland categories. The four-tiered wetland rating system requires revisions to the mitigation ratios to accommodate the four wetland classes. While the mitigation requirements remain unchanged for Category I and II wetlands, Category III wetlands are revised to require minimum replacement ratios of 2:1 (impacts:wetland creation). Additionally, replacement ratios for Category IV wetlands are added requiring replacement at a minimum of 1.5:1 (impacts.wetland creation). Wetland Buffers , Under Ordinance #3746, the City of Kent adopted wetland buffers that range from 100-25 feet, (Class I — III, respectively). The revised standard buffer widths range from 225-50 feet, Class I-IV, respectively. The standard buffer width varies dependent upon the wildlife habitat value as determined by the wetland rating forms. Options for buffer width reductions are also provided in the draft revisions under certain conditions. The following table illustrates the , revised buffer widths: Wetland Buffer Table Habitat <20 <20 20-28 20-28 29+ 29+ ' Score Points w/ site w/ site w/ site design design desig n Category 1 125' 100, 150' 125' 225' 200' Category 2 100, 75' 125' 110, 200' 175' Category 3 75' 60' 125' 110' n/a n/a Category 4 50' 40' n/a n/a n/a n/a Kent City Council August 8,2006 Page 2 of 3 1 I - Bogs and Natural Heritage Wetlands shall have a 215-foot buffer, but may be reduced 25-feet with implementation of Site Design Measures. If a wetland scores more than 20 habitat points and Is within 300 feet of a priority habitat area as defined by the WA Dept. of Fish and Wildlife, a 100-foot wide corridor is required to be protected between the wetland and priority habitat. If protecting the ' corridor is not possible, wetland buffers are increased by 50-feet. Buffers may be reduced if site design measures are implemented to reduce impacts to wetland buffers. Site design measures include but are not limited to: directing lights ' away from wetlands, locate activities that generate noise away from wetlands, route untreated runoff away from wetlands, restrict use of pesticides near wetlands, infiltrate runoff, fencing around wetlands, etc. ' Artificially Created Wetlands The City adopted a provision that exempted accidentally created wetlands priorto July 1, 1990. ' This was an error that should have read afterJuly 1, 1990 and should have been specific to wetlands accidentally created as a result of a road construction project. To resolve this issue, the exemption was has been deleted and the wetland definition has been revised to be ' consistent with state mandate. Definitions To ensure consistency with revised language three (3) new definitions have been added, "Corridor,""Natural Heritage Wetlands" and "Wetland Category," in addition, the definition for "Wetland" has been slightly revised and the definition for "Wetland Class" has been deleted. Resolution No. 1698 This resolution would be appealed. Enc: Revised Critical Area Regulations for KCC Ch 1106 August 3, 2006, Best Available Science memo from Adolfson Associates, Inc. ' SEPA Addendum, August 7, 2006 Cc: Kelly Peterson, Environmental Engineer Tom Brubaker, City Attorney Larry Blanchard, PW Director ' Gary Gill, P E , City Engineer Fred Satterstrom, AICP, CD Director Charlene Anderson, AICP, PS Manager Project File ' Kent City Council August 8,2006 Page 3 of 3 MEMORANDUM s o o L c s o x DATE: August 3, 2006 EnvironrnentcPt SOL dons ' TO: Kelly Peterson, Environmental Engineer I ,� FROM: Teresa Vanderburg, Director of Natural Sciences v ' CC: Kim Marousek, Senior Planner ' RE: Best Available Science Review, King County Urban Hybrid Option — Wetland Regulations Adolfson Associates,Inc (Adolfson)has provided this memorandum to the City of Kent(City) to assist ' the City in amending its critical areas ordinance At the direction of the Kent City Council, City staff has been negotiating with the Washington State Department of Community Trade and Economic Development(CTED) and State Department of Ecology (Ecology) on options for the City of Kent to adopt wetland regulations that would bring the City into compliance with the Growth Management Act (GMA) Adolfson has relied upon the description of the negotiated options for wetland regulations as outlined in a memorandum dated June 29, 2006 to Mayor Cooke and the City Council from Mike Mactutis and Kelly Peterson. Further, Adolfson has relied upon the language in a draft ordinance proposed to amend Chapter 11 06 transmitted to us on July 24, 2006 This ordinance amends the wetland regulations in the critical areas ordinance adopted on April 19, 2005 by replacing the City's three-class wetland rating system with Ecology's four-category wetland rating system. Also, the ordinance amends ' the adopted critical areas regulations to replace the wetland buffering system with a buffer system based upon King County's wetland buffers in the urban growth area. This is referred to as the King County Urban Hybrid Option The ordinance also revises the mitigation ratios for Category III wetlands and establishes ratios for Category IV wetlands Finally,the ordinance aligns treatment of artificially created wetlands to be consistent with state law ' This memorandum outlines our review of the"best available science" in the record to support the proposed ordinance amending the adopted critical areas regulations for wetlands Adolfson has provided this review for the City based upon scientific references currently available. Wetlands Rating System Ecology, as the state's technical experts for wetlands, has provided a document summarizing the wetland ' rating system proposed by the state for wetlands in western Washington. This publication is entitled Washington State Wetland Rating System for Western Washington(Ecology Publication No 04-06-025) (Hruby, August 2004). Although Adolfson and City staff believe that wetland functions and values are ' protected with the City three-tiered rating system, the Washington State Department of Ecology's rating system, with its reliance on hydro-geomorphic(HGM) characteristics rather than other factors, also protects wetland functions and values, as mandated under the GMA. The City has amended its ordinance to use the state's four-category system and relies upon the Ecology publications meeting the "best available science"for the wetland rating system as defined by CTED. ' ADOLFSON ASSOCIATES,INC. 5309 Shilshole Avenue NW, Suite 200 Seattle, WA 98107 Tel 206 789 9658 www adolfson com Fax 206 789 9684 City of Kent BAS Review August 3, 2006 Page 2 of 3 Wetland Buffer Widths To evaluate proposed buffer widths for wetlands in the City of Kent, we reviewed the greater body of ' scientific information, including the Washington State Department of Ecology, Freshwater Wetlands in Washington State, Volume 1—A Synthesis ofthe Science (Sheldon et aI , March 2005) In urban areas, the scientific literature recognizes a range of appropriate wetland buffers from generally 50 to 300 feet, depending upon the function evaluated. Prior to adoption of the City's critical areas ordinance in April 2005, Adolfson recommended that ' standard wetland buffers be no smaller than 50 feet wide based upon this review Smaller buffers (approximately 16 to 30 feet) are effective in removal of approximately 50 to 60 percent of transported sediments and pollutants, and provide some minimal wildlife habitat(Desbonnet et al , 1994) However, ' buffers less than 50 feet were not effective for removal of finer sediments or protection of important wetland wildlife habitat Ecology's publication Wetland Buffers Use and Effectiveness(pub 492-010) concludes that buffers less than 50 feet in width are generally ineffective for protection of most wetland functions(Castelle et al, 1992). ' Larger buffers are considered necessary to protect wildlife habitat and remove fine sediments, among other functions The Washington State Department of Ecology (Ecology)recommends that wetlands ' supporting important habitat for waterfowl and wildlife, such as Category I and II wetlands (according to the State's wetland rating system) be protected with buffers of 100 feet or wider Larger buffers (from approximately 100 to 150 feet) are considered effective in providing large woody debris, shading, habitat for certain birds, and water quality improvement Even larger buffers (from approximately 200 feet or wider) are necessary for providing habitat for certain species of wildlife and removal of fine sediments. Ecology recommends that wetland buffers be established based upon wetland category, adjacent land use intensity, and habitat functions of the wetland The habitat function is based upon the habitat score in the state wetland rating system. In the publication titled Wetlands in Washington State, Volume 2— Protecting and Managing Wetlands (2005), Ecology recommends buffers based upon the"best available science" for wetlands in Washington. The recommended buffers range from 25 to 50 feet for Category IV wetlands, from 40 to 150 feet for Category III wetlands, from 50 to 300 feet for Category II wetlands, and from 50 to 300 feet for Category I wetlands, depending upon land use intensity and habitat score ' The King County Urban Areas Hybrid option proposed by City planning staff provides standard wetland buffer widths between 50 and 225 feet, on Category IV through Category I wetlands, respectively. The standard buffer width depends upon both the wetland category and its score on the habitat portion of the wetland rating form In general, wetlands with high habitat scores(those scores of 20 points or more) are provided a standard buffer of 125 to 225 feet to preserve wildlife habitat functions Wetlands with lower habitat scores are provided a smaller standard buffer of 50 to 125 feet Due to their sensitivity to Land use alterations, bogs are called out specifically in the proposed code amendment and are provided a 215-foot standard buffer. Bogs are defined by Ecology in its 2004 wetland rating system ' As stated earlier by Adolfson,the wetland buffers adopted by the City in April 2005 fall within the range of the"best available science," albeit at the low end of the range. On the other hand,the standard wetland buffers in the current proposed ordinance fall within the middle of the range of"best available science" for protection of wetlands in western Washington. The standard buffers proposed in this new ordinance are wider than the existing CAO for wetlands with significant habitat value and for bogs due to their sensitivity to disturbance The new proposed buffer system improves protection of wetlands and wetland-dependent wildlife by increasing buffer widths on more sensitive wetlands, ' City of Kent BAS Review August 3, 2006 Page 3 of 3 The King County Urban Hybrid option also allows for wetland buffer reduction in certain situations, as long as mitigating measures for development impacts are incorporated The buffer reduction policy ' follows the Ecology guidance outlined in the Wetlands in Washington State, Volume 2—Guidance for Protecting and Managing Wetlands (Granger et al , 2005) Mitigating or minimizing measures are outlined in Table 8C-8 of Appendix 8-C of that document. Table 8C-8 has been incorporated into the ' proposed ordinance to make the buffer reduction policy consistent with Ecology recommendations Exemption for Artificially Created Wetlands ' The proposed ordinance limits the exemption in question for artificially created wetlands to those wetlands that have been unintentionally created due to road construction after July 1, 1990 Such areas do not meet the definition of"wetland"according to RCW 36.70A and would therefore not be regulated under the GMA ' References Cited Castelle, A.J , C Conolly, M. Emers, E D Metz, S Meyer,M.Witter, S.S Cooke,D. Sheldon, and D Dole 1992a Wetland Buffers Use and Effectiveness Adolfson Associates, Inc for Shorelands and Coastal Zone Management Program. Washington State Department of Ecology, Olympia, Washington. iDesbonnet,A.,P. Pogue,V Lee,and N. Wolff 1994. Vegetated Buffers in the Coastal Zone. Coastal Resources Center,Rhode Island Sea Grant,Univ. of Rhode Island. ' Granger,T,T.Hruby,A. McMillan,D Peters,J Rubey,D Sheldon, S. Stanley,E. Stockdale 2005. Wetlands in Washington State— Volume 2 Guidance for Protecting and Managing Wetlands. Washington Department of Ecology Publication#05-06-008, Olympia, WA Hruby, T. 2004. Washington State Wetland Rating System for Western Washington-Revised Washington State Department of Ecology Publication No 04-06-025 Olympia, Washington. Sheldon, D., T. Hruby, P Johnson,K. Harper, A. McMillan, S. Stanley, and E. Stockdale. 2005. Freshwater Wetlands in Washington State, Volume I A Synthesis of the Science Washington ' Department of Ecology Publication 405-06-006, Olympia, WA. KENT W., hi.... ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENTS Adoption Document(s) EIS Description of current proposal The action proposed by the City consists of the adoption of updated development regulations to designate and protect wetlands in conformance with the iequirements of the Growth Management Act The revised wetland regulations are based on a decision by the Central Puget Sound Growth Management Heaimgs Board on April 19, 2006, which found the City's previously adopted regulations non-compliant with respect to the wetland rating system, wetland buffets, and a provision for accidentally created wetlands The proposed ordinance implements modifications consistent with the Growth Board's order Proponent City of Kent Location of proposal The proposal is a city-wide action Title of document(s) bein adopted City of Kent Comprehensive Plan Environmental impact Statement Draft (July 1994) and Final (January 1995)— Prepai ed by the City of Kent Description of document (or portion) being adopted The City of Kent Comprehensive Plan FIS is being adopted in total This document evaluated three different land use alternatives for the city The analysis evaluated the type and range of impacts to the environment associated with each land use alternative and associated development regulations If the document has been challenged (WAC t97-tl-630), please describe The document was not challenged Document availability This document is available for review at City of Kent Planning Services , third ' floor of the Centennial Building, 400 W Gowe, Kent, WA 98032 from 8 00 am to 5 00 pm We have identified and adopted this document as being appropriate for this proposal after independent review Along with the addendum, this document meets our environmental review needs for the current proposal and will accompany the proposal to the deci�ionnnaker(s) Name of agency adopting the document City of Kent Contact person/Responsible Official- Kim Marousek, AiCP (253) 856-5436 Principal Plannet City of Kent Community Development Dept. 220 Fourth Ave South Kent, WA 98032 Date August 71 2006 Signature: -10 il'I i/oii.0 nJ,A 20021 1oi .i.ul.. lai,l reEs`CAOudnplonX 1(IU dN r COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director PLANNING SERV40 ICES Charlene Anderson, AICP, Manager Z .40 Phone 253-856-5454 w E 1 T Fax 253-856-6454 "'ISHiH0TOu Address 220 Fourth Avenue S Kent, WA 98032-5895 CITY OF KENT ADDENDUM TO THE CITY OF KENT COMPREHENSIVE PLAN EIS ADDENDUM (#ENV-93-51) DATED AUGUST 7, 2006 CRITICAL AREAS ORDINANCE REVISION ' WETLAND REGULATIONS (#ZCA-2002-4(R)) Responsible Official: Kim Marousek SCOPE On September 3, 2004, the City of Kent in accordance with WAC 197-11 adopted its Comprehensive Plan EIS (#ENV-93-51) and completed an addendum to that document for proposed development regulations to designate and protect critical areas in conformance with the requirements of the Growth Management Act (GMA) This addendum was further revised on January 12, 2005, prior to the adoption of Ordinance #3746 (Critical Areas). On April 19, 2005 the Kent City Council adopted critical area regulations pursuant to the Washington State Growth Management Act by Ordinance #3476 The Ordinance was subsequently appealed by the Washington State (DOE) and the (CTED) to the Central Puget Sound Growth Management Hearings Board (CPSGMHB) (DOE/CTED v City of Kent No 05-3- 0034). The CPSGMHB issued a decision on April 19, 2006, finding the City's regulations were non-compliant with GMA in the following areas- 1) wetland rating system; 2) wetland buffers; and 3) a provision regarding accidentally created wetlands. Based upon the CPSGMHB decision, revised regulations have been proposed. This addendum r evaluates potential environmental impacts associated with the proposed revised wetland regulations. Generally, the standards impose greater restrictions in terms of wetland buffers and mitigation/replacement ratios. No other modifications to Ordinance #3746 are proposed; therefore, the scope of this revised addendum is limited to the proposed revised wetland regulations. BACKGROUND The Growth Management Act (GMA) establishes a framework for local planning to manage growth. The GMA's planning goals identify key concerns (e g. reducing sprawl, protecting the environment, providing services and facilities cost-effectively, involving citizens in decisions, etc ) that must be addressed in local plans. The GMA also requires local jurisdictions adopt development regulations to implement the policies of their Comprehensive Plans. More specifically, the GMA requires that jurisdictions adopt regulations to protect critical areas and to review and amend these regulations as necessary when they revise their comprehensive plans or development regulations (RCW 36 70A.060(2) & (3)). The City of Kent is updating its critical areas regulations to meet this requirement, and to include the "best available science" in its regulations as required by RCW 36 70A 172 V N\,-2003-26 City of Kent tit caI Areati 01dmance Wetland Regulation(ZCA-2002-4(R)) Compiehui5iv� Plan Lib—Addendum August 7 2000 SUMMARY Wetland Rating System The wetland rating system previously adopted by Ordinance #3746 included a three-tiered rating system The proposed revisions would adopt a four-tiered rating system which is consistent with the state DOE guidance and is similar to the type of rating system adopted by King County. This rating system requires an applicant to complete a wetland rating form for water quality, hydrologic functions and habitat functions to determine wetland categories. The prior Critical Areas Ordinance (#3746) identified mitigation ratios for three wetland types. The four tiered wetland rating system requires revisions to the mitigation ratios to accommodate the four wetland classes. While the mitigation requirements remain unchanged for Category I and II wetlands, Category III wetlands are revised to require minimum replacement ratios of 2.1 (impacts.wetlaInd creation) (previously 1 5-1) Additionally, replacement ratios for Category IV wetlands are added requiring replacement at a minimum of 1.5:1 (impacts:wetland creation). SWetland Buffers Under Ordinance #3746, the City of Kent adopted wetland buffers that range from 100-25 feet, (Class I — III, respectively) Combined with the three-tiered wetland rating system, the CPSGMHB ruled that these buffers did not meet GMA requirements The revised standard buffer widths range from 225-50 feet, Class I-IV, respectively The standard buffer width varies dependent upon the wildlife habitat value as determined by the wetland rating forms. Options for buffer width reductions are also provided in the draft revisions under certain conditions. The following table illustrates the revised buffer widths: Wetland Buffer Table iHabitat <20 <20 20-28 20-28 29+ 29+ Score Points w/ site / site / site desi n design design Category 1 125 100 150 125 225 200 Category 2 100 75 125 110 200 175 ,Category 3 17S 160 1125 1110 n/a n/a Icategory 4 ISO 140 n/a n/a n/a n/a - Bogs and Natural Heritage Wetlands shall have a 215-foot buffer, but may be reduced 25-feet with implementation of Site Design Measures. - If a wetland scores more than 20 habitat points and is within 300 feet of a priority habitat area as defined by the State of Washington Department of Fish and Wildlife, a 100-foot wide corridor is required to be protected between the wetland and priority habitat. If protecting the corridor is not possible, wetland buffers are increased by 50- feet Buffers may be reduced if site design measures are implemented to reduce impacts to wetland buffers Site design measures include but are not limited to. directing lights away from wetlands, locate activities that generate noise away from wetlands, route untreated runoff away from wetlands, restrict use of pesticides near wetlands, infiltrate runoff, fencing around wetlands, etc. Page 2 of 3 E\V-2003-26 (uy of Kent Cnhcal Aliens Ordinance Wetland Regulations(Z(A-2002-4(R)) (omPlehuI,n�Plan C IS- Addendum Augusl7 2006 Artificially Created Wetlands The City adopted a provision that exempted accidentally created wetlands priorto July 1, 1990. This was an error that should have read after July 1, 1990 and should have been specific to wetlands accidentally created as a result of a road construction project. To resolve this issue, the exemption has been deleted and the wetland definition has been revised. Definitions To ensure consistency with revised language three (3) new definitions have been added, "Corridor," "Natural Heritage Wetlands" and 'Wetland Category " In addition, the definition for "Wetland" has been slightly revised and the definition for "Wetland Class" has been deleted DECISION This addenda, combined with the adopted EIS and previous addenda on these regulations, dated September 3, 2004 and January 12, 2005, adds additional analysis but does not substantially change the analysis of significant impacts found in the original EIS prepared for the City of Kent Comprehensive Plan (#ENV-93-51). The Comprehensive Plan EIS and associated addendums, adequately evaluate potential adverse environmental impacts. Therefore, a separate threshold determination is not required. As part of a phased approach, subsequent site-specific development proposals will be required to show consistency with appropriate environmental regulations as well as the propose ' itic I Areas Ordinance. Dated: August 7, 2006 Signature: Kim Mar sek, AICP, Responsible Official KM)m\\5\Permit\Plan\ZONECODEAMEND\20021,CAO\Revised we[and Drdinaice\CAOaddendim;R2)aoc Page 3 of 3 Kent City Council Meeting Date August 15, 2006 LCategory Public Hearings 1. SUBJECT: COMMERCIAL MOTOR VEHICLES IN RESIDENTIAL DISTRICTS, ZONING CODE AMENDMENT 2. SUMMARY STATEMENT: This public hearing is to consider the Planning & Economic Development Committee's recommendations to allow commercial motor vehicles via a Special Home Occupation permit in residential districts zoned SR-6 or greater, and to prohibit such vehicles in residential districts designated Urban Separator/SR-1 3. EXHIBITS: Staff memo with attachments 4. RECOMMENDED BY: Planning& Economic Development Committee (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenues No L Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: (/ A. Councilmember moves, Councilmemberc seconds to close the pubhchearing. V " B. CounciI member moves, Councilmember seconds 1. to approve/Aeny4PrwR-fy the Planning & Economic Development Committee's recommendation of approval of an amendment to the Kent Zoning Code to prohibit commercial motor vehicles in residential districts with a comprehensive plan land use designation of Urban Separator and a zoning designation of SR-1 and to direct the City Attorney to prepare the necessary ordinance 2. to approve/deny/modify the tanning& conomic Development Committee's recom- mendation of approval of amended ption 4 of November 21, 2005, requiring a Special Home Occupation Pe it for commercial motor vehicles in residential zoning districts of SR-6 or greater, and�rohibitmg such vehicles in residential districts with a y/ comprehensive plan land use designation of Urban Separator and a zoning designation of SR-I and to direct the City Attorney to prepare the necessary ordinance. ado ` DISCUSSION: ACTION: Council Agenda Item No 5C COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director ' PLANNING SERVICES KEN T Charlene Anderson, AICP, Manager Wn 3H I.GTON Phone 253-856-5454 Fax- 253-856-6454 Address 220 Fourth Avenue S. Kent, WA 98032-5895 August 8, 2006 TO: Council President Deborah Ranniger and City Council Members FROM: Charlene Anderson, AICP, Planning Manager RE: Zoning Code Amendment #ZCA-2005-3/KIVA RPP6-2052401 Commercial motor vehicles in residential zoning districts. MOTIONS: 1. Approve/Deny/Modify the Planning & Economic Development Committee's recommendation of approval of an amendment to the Kent Zoning Code to prohibit commercial motor vehicles in residential districts with a comprehensive plan land use designation of Urban Separator and a zoning designation of SR-1 and to direct the City Attorney to prepare the necessary ordinance. 2. Approve/Deny/Modify the Planning & Economic Development Committee's recommendation of approval of an amended Option 4 of November 21, 2005, requiring a Special Home Occupation Permit for commercial motor vehicles in residential zoning districts of SR-6 or greater, and prohibiting such vehicles in residential districts with a comprehensive plan land use designation of Urban Separator and a zoning designation of SR-1 and to direct the City Attorney to prepare the necessary ordinance. SUMMARY: At their July 17' meeting, the Planning & Economic Development Committee considered all options previously discussed or recommended by the Land Use & Planning Board and Planning & Economic Development Committee. The Committee recommended to the full Council approval of the above two motions. BUDGET IMPACT: None BACKGROUND: The Land Use & Planning Board was presented a proposed amendment regarding commercial motor vehicles in residential zoning districts at their workshop of July 25, 2005. After holding a public hearing, the Board recommended that commercial motor vehicles not be allowed in residential zoning districts. The Planning & Economic Development Committee considered the Board's recommendation in several meetings in 2005 and 2006 and considered additional options for accommodating the needs of independent truckers while not unduly impacting neighborhoods. The Committee held an additional public hearing on the issue at their November 21, 2005 meeting. On July 17, 2006 the Committee recommended to the full Council the following amendments to Kent City Code: KCC 15.02.XXX: Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail. KCC 15.08.040(F)(6): Parking/storage of commercial motor vehicles within single family and multiple family zoning districts of SR-6 or greater. "Commercial motor vehicles"Include: 1) vehicles used In a commercial enterprise which exceed 19 feet in length, and 2) truck tractors used in the drayage ofseml-truck traders KCC 15.08.065. Commercial motor vehicles are not permitted to be parked on properties within the Urban Separator/SR-1 district unless actively delivering goods Commercial motor vehicles are not permitted to be parked on single family or multiple family properties zoned SR-6 or greater unless approved through a Special Home Occupation permit or other land use permit, or unless actively delivering goods. "Commercial motor vehicles"Include: 1) vehicles used In a commercial enterprse which exceed 19 feet In length; and 2) truck tractors used in the drayage of semi-truck traders. The Committee also asked staff to provide criteria for granting a Special Home Occupation permit. Kent City Code currently has criteria and conditions for approving a Special Home Occupation permit (15.08.040.F.2 and F.3) which provide direction to the hearing examiner. One of the options the Committee considered in their November 215t meeting included criteria regarding overhang and yard location. The Council may desire to add to the conditions of approval (KCC 15.08.040.F.3) for a Special Home Occupation permit for commercial motor vehicles the following provision: In no case shall commercial motor vehicles overhang the sidewalk or street, be parked in the front yard, or encroach Into the side or rear yard setbacks of the zoning district Other relevant development standards Including but not limited to paved access and parking areas shall apply." The SEPA Responsible Official has determined the proposed amendments are procedural in nature and categorically exempt from environmental review. C41 5 1 PermrtiP/an I ZONECODEAMEND I20051 ZC4-2005-3 Comm/MotorVehrdeslnResiZoningDistsl2052401-2005-3cc081506 doc Enc CC Mnutes 113106,PEDC Minutes 7/17J06,2/27j06,11/21/05, 10/17/05, 9/19/05&8115105 Meetings, 11/21/05 Staff Memo to PEDC, LUPS Minutes 816105, KCC 15 08 040,Exhibit Lst cc Fred N Satterstrol AICP,CD Director Charlene Anderson,AICP,Planning Mgr City Council Meeting August 15, 2006 Page 2 of 2 Kent City Council Minutes January 3, 2006 Approval of checks issued for pa ty_,nll for November i through November 15 and paid on November 18, 2005: Date Check Numbers Amount 11/18/05 Checks 278372-287637 $ 199,778.76 11/18/05 Advices 188231-188919 1,259,667.97 Total of Regular Payroll $1,459,446.73 Interim 11/28/05 Void Checks 282249,282423,284562 $(430.32) Checks 287638-287640 430.32 $0.00 Approval of checks issued for payroll for November 16 through November 30 and paid on December 5, 2005: Date Check Numbers Amount 12/5/05 Checks 287641-287876 $ 266,190.98 12/5/05 Advices 188920-189608 1,636,431.89 Total of Regular Payroll $1,862,622.87 Interim 12/6/05 Checks 287877 $69.15 $69.15 C. 36th Avenue South Street Vacation Ordinance. (CFN-102) Ordinance No. 3780 vacating a portion of 36 Avenue South,between Reith Road and South 260s' Street was adopted. Council approved the vacation on August 16, 2005 with the conditions recommended by staff. Those conditions have since been satisfied. D. Highland Park Infrastructure Improvement Bill of Sale. (CFN-484) The Bill of Sale for Highland Park submitted by David E. Cayton, P.E. for continuous operation and maintenance of 1,271 feet of sanitary sewers, 584 centerline feet of street improvements and 1,198 feet of storm sewer was accepted. The bonds are to be released after the maintenance period. OTHER BUSINESS A. Zoning Code Amendment. Commercial Motor Vehicles In Residential Zoning Districts. (CFN-131) The Planning&Economic Development Committee recommended allowing commercial motor vehicles in residential zoning districts via a Special Home Occupation Permit. CLARK MOVED that this item be sent to the Planning Committee in February. Harmon seconded. Interim CAO Hodgson noted that Administration will attempt to bring recommendations to the February meeting. The motion then carried. B. Smith Court Homes Rezone. (Oaasi-Judicial) (CFN-121) This request by Wayne Jones, Lakeridge Development, Inc., is to rezone 2.5 acres of property from GC (General Commercial), to MR-M (Medium Density Multifamily). The Kent Hearing Examiner held a Public Hearing on November 16, 2005, and issued Findings, Conclusions, and a Recommendation for approval on November 23, 2005. 2 i PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JULY 17, 2006 Committee Members: Chair Ron Harmon, Tim Clark, Elizabeth Watson The meeting was called to order by Chair Harmon at 4:00 p.m. iApproval of Minutes Member Watson Moved and Member Clark Seconded a Motion to approve the minutes of June 19, 2006. Motion Passed 3-0. ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts Planning Manager Charlene Anderson stated that this amendment was initiated as a result of complaints received from people who did not want commercial vehicles parking in residential zoning districts; citing noise, visual blight, safety and running commercial operations in residential areas. Ms. Anderson stated that the Planning & Economic Development Committee (PEDC) made a recommendation to the Full Council at their February 27, 2006 meeting to allow commercial motor vehicles by a Special Home Occupation Permit process. She stated that the application process would include public notification prior to an open public hearing before the Kent Hearing Examiner, whereby conditions could be applied. She stated that a Special Home Occupation also requires a business license and annual renewal. She stated that the Land Use and Planning Board (LUPB) previously held a hearing and recommended not allowing commercial motor vehicles in residential districts. Ms Anderson reiterated the options presented by staff at previous PEDC and LUPB meetings. Ms. Anderson explained that staff made an effort to locate facilities where these vehicles might be allowed other then in single family districts. She stated that warehousing companies were concerned with liability issues and a Chamber of Commerce representative suggested providing a truck storage area in the city would be a great entrepreneurial activity for someone to undertake and also mentioned RV Parks as an option which would require a new code amendment. Ms. Anderson submitted Exhibits Numbered 1-17 for the record. Member Clark Moved and Member Watson Seconded a Motion to accept these Exhibits for the record. Motion Passed 3-0. Ms. Anderson defined residential zoning districts, clarifying that any restrictions the city might employ for parking these commercial motor vehicles applies to all residential zoning districts. She showed pictures of various locations where commercial motor vehicles are parked in residential neighborhoods to reflect how the character of these neighborhoods change when 1 these vehicles are stored there. City of Kent Code Enforcement Officer Brian Swanberg stated that the majority of complaints he received focused on the odd hours that truckers will enter and leave the neighborhoods, noise disturbance from idling diesel vehicles, vehicle length, blocking of driveways, sight obscuring, tearing up and littering roadways with debris while traveling to and from unpaved areas, diminished home values, increased traffic on residential streets, and no mail delivery due to blocked mail boxes. Swanberg stated that many empty commercial parking lots, back lots and fenced in lots are located throughout Kent, specifically in the industrial areas. He stated that these areas could provide a substantial amount of parking space. Sheila Dhillion, 13016 SE 2341h St., Kent, WA stated that she supports the rights of the independent truck driver to park within residential districts. She stated that she would consider supporting a Special Home Occupation Permit, suggesting that the city consider applying stipulations to these permits that would make them acceptable to both the independent trucker and the City of Kent. Ms. Dhillon stated that she is a truck driver, offering to meet with the city along with a couple of trucking groups to work out a fair and equitable solution In response to the questions from the Committee Ms. Dhillion stated that truck drivers would for the most part benefit by being allowed to bring home their semis without the trailers and that would be less obtrusive. Ms. Dhillion suggested that truckers park in their driveways so as not to obstruct sidewalks or streets, and should be conscientious of their neighbors with respect to running their trucks within the noise limitations set by the city from 7 am to 10 pm. She stated that truckers run the risk of vehicle theft if parked in industrial areas as has happened to her. She stated that it would be unfair to place the liability on industrial businesses for allowing commercial trucks to park on their lots. Tom Sharp, PO Box 918, Maple Valley, WA stated that commercial vehicles should be kept in commercial or industrial zones, not residential zones. He stated that by allowing commercial vehicles in residential zones, the rights of other residents are being violated as the truckers are essentially running businesses on the backs of their neighbors and the character of those residential areas are being compromised. Dick Staples, 14629 S. 267`h, Kent, WA stated that he is a trucker who resides in a rural area on the northeast corner of Lake Meridian. He stated that he has been taking a truck- tractor home every night for nine years without complaint from his neighbors. He stated that there is more noise interference in his neighborhood from the Metro buses running along 152Id Avenue than with his truck leaving or arriving. Mr. Staples stated that he does not believe that trucks should park on residential streets, but that the city should consider applying some stipulations rather then abolish commercial vehicles from residential areas. He stated that he will support staff's proposal for a home occupation permit, to allow commercial vehicles in residential zones as a last resort. Mr. Staples stated that homeowner's associations should take an active role in setting limitations for these trucks in their neighborhoods rather then involve the city. Mostafa Madani, 12237 SE 2591h PI, Kent, WA stated that he lives in a three year old development off of 259d' consisting of 18 homes on a cul de sac. In voicing the concerns of his neighbors he stated that to date there are two semis parked in their neighborhood with a third semi parked on 122nd leading to 259`h Mr Madani stated that his neighborhood would like restrictions in place to curb the influx of these vehicles or would actually prefer to see them banned from their neighborhood. Mr. Madam stated that the neighbors are extremely concerned about the safety of their children, disturbance from the noise levels and unsightliness created by the presence of these trucks in the neighborhood as well as the potential for decreased home values. Mr. Madam suggested that if the City considers approving a special permit, that affected neighbors be given an opportunity to cast their vote with respect to any particular application received by the city. Member Clark MOVED and Member Watson SECONDED a Motion to recommend to the Full Council an AMENDMENT to the Land Use and Planning Board's recommendation specifying that PEDC-Minutes July 17, 2006 Page 2 of 3 ' commercial motor vehicles are disallowed on properties with a Comprehensive Land Use Map Designation of Urban Separator and a Zoning District Designation of SR-1. Motion PASSED 3-0. Member Watson MOVED and Member Harmon SECONDED a Motion to recommend to the Full Council APPROVAL of Option 4 as recommended by staff; to allow the storage and parking of Commercial Motor Vehicles in Residential Districts, zoned SR-6 or greater, except in those areas zoned Urban Separator/SR-1, by means of a Special Home Occupation Permit and to provide criteria for granting the permit. Motion PASSED 3-0. i Ms. Anderson addressed concerns raised by Mr. Sharp with respect to exempting 4.5 zoning districts. She stated that it is her understanding that Mr. Sharp is asking the Committee to consider including the SR-4.5 zoning districts in addition to the SR-6 zoning districts, as this zone is also urban in nature. Chair Harmon asked that these motions be sent to City Council under Other Business at the next City Council meeting noting that all parties of record should be notified. Ms. Anderson proposed sending this item to City Council on August 15, 2006 at 7:00 pm. Adiournment Chair Harmon adjourned the meeting at 5:15 p.m. Pamela Mottram, Admin Secretary, Planning Services S IPermitlP/anIPlanningCommdteelZ006lMinutesI071706PEDCmndoc i i i i i I PEDC-Minutes July 17, 2006 Page 3 of 3 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 27, 2006 iCommittee Members: Chair Ron Harmon, Tim Clark, Elizabeth Watson The meeting was called to order by Chair Harmon at 4:00 p.m. Approval of Minutes Member Clark Moved and Member Watson Seconded a motion to approve the minutes of January 23, 2006. Motion Passed 3-0. #ZCA-2005-3 Commercial Vehicles in Residential Zoning Districts Interim CAO John Hodgson stated that Kent has an ordinance which speaks to this issue but is difficult to interpret. He stated that staff has previously presented proposed ordinances on two occasions before the PEDC then on to the full Council without resolution. Mr. Hodgson stated that as the result of the Council's request at their February 215L meeting, staff researched what other cities are doing and investigated the warehousing and trucking industry to see if there was space availability for independent truckers and trailers to park. Planning Manager Charlene Anderson gave a summary of Kent's ordinance (a compilation of several ordinances), pertaining to commercial vehicles in residential zoning districts. She stated that currently staff and the Hearing Examiner must select from various regulations to clarify that commercial vehicles are not allowed in residential zones and staff would like to have one comprehensive regulation Ms Anderson shared the outcome of her research with other cities. Community Development Director Fred Satterstrom spoke on behalf of Nathan Torgelson who contacted the trucking industry to see if opportunities existed for trucks to park on nonresidential properties. He stated that Mr. Torgelson spoke with the Washington State Trucking Association who recognizes that the noise and aesthetic impacts from these trucks don't lend themselves well to residential areas. Mr. Satterstrom stated that the Association indicated that they would prefer that existing operators with vehicles stored in residential areas be grandfathered into any new regulations developed by Kent, although the Association indicated that they do not object to prohibiting the future parking of trucks on private property. Mr. Satterstrom stated that the Association is sending Mr. Torgelson a list of large trucking companies in South King County to further investigate the possibility of leasing space for overnight parking for independent truckers. He stated that staff's survey of potential locations to date are inconclusive Mr. Satterstrom responded to concerns raised by the Committee Members as to available parking alternatives, implementing ordinance revisions and code enforcement issues. After deliberations, it was determined that staff would continue to investigate parking alternatives and evaluate an ordinance that would clarify the city's stance with respect to trucks parking in residential districts. #ZCA-2005-7 Shipping Containers in Residential Building Districts Charlene Anderson stated that this issue has been previously heard before the Committee then sent to the Land Use and Planning Board for a public hearing. The Board made a recommendation that shipping containers be redefined as cargo containers and that they are to be located within a stick-built structure constructed of material similar to that of the principal residence on site. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 21, 2005 Committee Members: Chair Tim Clark, Ron Harmon, Bruce White The meeting was called to order by Chair Clark at 4.00 P.M. Approval of Minutes Member White moved and Member Harmon seconded a motion to approve the minutes of October 17, 2005. Motion Passed 3-0. ZCA-2005-3 Commercial Motor Vehicles in Residential ZoninE Districts Planner Damien Hooper presented five options t) to allow commercial motor vehicles outright in residential zoning districts, 2) to disallow commercial vehicles in residential districts, 3) to allow commercial motor vehicles via a Conditional Use Permit, 4) to allow commercial motor vehicles via a Special Home Occupation Permit, 5) to deny the proposal. Chair Clark declared the public hearing open. Janet Lewis, 13507 SE 2501h St., Kent, WA 98042 submitted pictures for the record of commercial trucks located at Kent Kangley and 116ih and at 1091h and 256°i Ms. Lewis stated that Kent needs to develop a partnership with the trucking companies for providing and delivering their products and services without devaluing the residential areas. She stated roads are not designed for huge vehicles being driven through these areas, Streets, sidewalks and storm drainage areas are being damaged She stated that King County cited $64,000 as the cost to repair a one mile stretch of road in Kent. She stated that Kent needs to establish a place for the truckers to park without infringing on the residential districts. Member Harmon moved and Member White seconded a motion to accept the pictures submitted by Ms Lewis for the record Motion Passed 3-0 Dick Staples, 14629 SE 267th St., Kent, WA submitted pictures which shows that he lives in a neighborhood where many of the residents store boats, campers and trailers on their sites He stated that his neighbors are not opposed to his truck in the neighborhood and questioned how his truck differs from the other vehicles parked in his community. Member Harmon moved and Member White seconded a motion to accept pictures submitted by Dick Staples for the record Motion Passed 3-0. Member White Moved and Member Harmon seconded a motion to close the public hearing. Motion Passed 3-0 Damien Hooper addressed questions raised by Member Harmon with respect to how Option 4 would affect Mr Sanders and Mr Staples. Member Harmon moved and Member Clark seconded a motion to accept Option 4 allowing the storage and parking of commercial motor vehicles in residential zoned properties by means of a Special Home Occupation Permit (KCC 15 08 040) and to provide criteria for the approval of a special home occupancy permit The Hearing Examiner may also impose conditions of approval Motion Passed 2 to 1 with Member White Opposed. Member Clark stated that this issue will be sent to City Council in January. ZCA-2005-7 Shippint:Containers in Residential Zoning Districts Planner Damien Hooper presented the following four options 1) to accept the Land Use and Planning Board's recommendation to prohibit the storage of shipping containers in residential districts, 2) to prohibit shipping containers in residential districts and redefine them as cargo containers, 3) to allow cargo containers in single family and other residential zones by applying standards; such as restricting the containers to a maximum size of 10 x 20 feet and placing them PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 17, 2005 Committee Members: Chair Tim Clark, Ron Harmon, Bruce White The meeting was called to order by Chair Clark at 4:00 P.M with Bruce White's absence noted. Approval of Minutes Member Harmon moved and Member Clark seconded a motion to approve the minutes of September 19, 2005 with Council Member White's concurrence Motion Passed 3-0. ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts Planner Damien Hooper stated that since the Committee's last meeting, staff has reviewed this issue and he presented five options He stated that any action taken on options that had not been the subject of the Land Use and Planning Board hearings would require a new public hearing. Chair Clark accepted public comments. Scott Floyd, 9645 S 232"a St., Kent, WA 98031 asked that the city consider strengthening or clarifying their permitting process to prohibit parking of shipping containers and trailers on residential parcels. He referred to a 2 5 acre site in the vicinity of 234`h and 98'h, and stated they are unsightly and a significant detriment to the neighborhoods Mr. Floyd explained why he is opposed to the other proposed options Ron Arntson, 24423 1371h Ave. SE, Kent, WA 98042 explained why he objects to commercial semi-trucks and/or trailers parked in residentially zoned designated properties urging the Committee to consider enacting an ordinance to prevent this. Janet Lewis, 13507 SE 250`h St., Kent, WA 98042 explained why she opposes the storage, use, parking and transfer of commercial vehicles of any length in residential areas, respectively requesting that the Council consider prohibiting commercial vehicles in residential districts. Dick Staples, 14629 SE 267`h, Kent, WA explained why he would support allowing most independent truck owners to park their vehicles on residential sites. citing his personal experience Judy Hanford, 24736 1361h Ave. SE, Kent, WA 98042 updated the Committee since her testimony at last month's meeting. She explained why she is opposed to allowing commercial vehicles in residential areas. Jerry Sanders, 23102 1121h Pl SE, Kent, WA 98031 reiterated his stance in support of allowing smaller trucks to be parked on residential property, citing personal reasons. Brian Swanberg, Code Enforcement Officer for the City of Kent described for the Committee the type of complaints the city has received, which typically did not include the type of truck described by the previous speaker He stated that complaints received by the city mainly focused on issues with the trailer portion of the tractor-trailer rig, tractor and cargo containers. Mr Swanberg stated that although there have been some safety issues, most of the complaints have dealt with unsightly appearance factors. Mr Swanberg addressed questions raised by the Committee members with respect to what type of commercial vehicles people are opposed to having in their residential communities He stated that the Committee might consider defining vehicles of a recreational nature versus the large commercial rigs permanently parked in residential areas, with discussion ensuing on those variables. Planning Manager Charlene Anderson explained how the conditional use permit and home occupation permit processes are used. Chair Clark continued this item to the next meeting. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 19, 2005 Committee !Members: Chair Tim Clark, Ron Harmon, Bruce White The meeting was called to order by Chair Clark at 4.00 P M Approval of Minutes Member White moved and Member Harmon seconded a motion to approve the minutes of August 15, 2005 Motion Passed 3-0 ZCA-2005-3 Commercial Motor Vehicles in Residential Zoniniz Districts Planner Damien Hooper stated that this amendment was heard before the Land Use and Planning Board then sent to Committee August 151h and forwarded on to City Council on September 6 where it was remanded to Committee He stated that staff has since reviewed what surrounding jurisdictions have done with commercial vehicles in their residential zones Mr. Hooper stated the staff report includes copies of code sections from Auburn, Bellevue, Puyallup, Redmond, Renton, Sumner, Tacoma, Tukwila, Tumwater and Woodinville. Mr. Hooper stated that of those ten jurisdictions, only three jurisdictions allow commercial vehicles to be parked or stored on private property, with two of the jurisdictions specifically excluding semi-trucks and trailers, but allowing other types of commercial vehicles He stated that Tukwila would allow a semi-tractor to be parked on a residential property. Chair Clark clarified the nature of the proposal then accepted public testimony. Jerry Sanders, 23102 112`h Place SE, Kent, WA stated that his livelihood depends on the use of a truck and spoke in support of the independent truck driver's right to park their trucks on their residential sites He addressed his views associated with cost and the inconvenience for off- site parking, quality of life and view restrictions In response to Councilmember Harmon, Mr. Sanders stated he would be supportive if vehicles under 18,000 pounds were exempted from the restriction Dick Staples, 14629 SE 267`h Street, Kent, WA stated that he hauls freight and spoke in support of the independent truck driver to park their trucks on residential sites, addressing cost impacts associated with off-site parking, the potential for vandalism and view obstruction He stated that he has parked his 22/23 foot long trailer weighing approximately 16,000 pounds on his residential site for nine years without complaints from his neighbors noting that other neighbors park motor homes or fifth-wheel trailers on their property that range in length from 35 to 40 feet in length In response to Chair Clark, Mr. Staples stated he has a large lot. Judy Hanford, 24736 1361h Ave SE, Kent, WA stated that she objects to the commercial trucks and trailers parked (typically on right-of-ways) along major roadways and on a church lot, throughout Kent, endangering pedestrians and obstructing vehicular views She urged the Committee to consider enacting a law to stop this type of parking. Ms Hanford submitted pictures indicating various locations where these trucks are parking Addressing questions from Councilmembers Harmon and White, Ms. Hanford stated about 90% of the vehicles are on right- of-way and 10% on pnvate property. The Committee Members clarified which pictures were of sites in Kent and which were in unincorporated King County. Tom Sharp, 24254 143rd Ave. SE, Kent, WA spoke in opposition to commercial vehicles parked in residential zoning districts citing property rights and zoning compliance issues. He indicated through pictures submitted for the record, several locations throughout Kent where semi trucks and/or trailers are parked in residential zoning districts He urged the Committee to consider enacting an ordinance to support the City's code compliance people. In response to Councilmember White, Mr Sharp stated these vehicles are commercial in nature and are not I meant for residential zones Ralph Linderman, 14029 SE 1941h St., Renton, WA spoke in opposition to commercial vehicles parked along roadways or in residential districts, encouraging the city to implement regulations enforcing compliance in Kent. He voiced concern for the safety of children. Damien Hooper defined recreational vehicles as indicated in the City's zoning code, with Planning Manager Charlene Anderson clarifying some issues within the code Mr. Hooper concurred with Chair Clark's supposition that recreational vehicles are to be screened from view. In response to Chair Clark's request, Ms Anderson stated that staff would find out what restrictions the county places in urbanized areas on arterials Chair Clark requested staff alert the County on trucks parked on right-of-way He also asked staff to keep track of the number of complaints. Mr Hooper stated that the Police Department enforces the City's traffic code which currently prohibits the parking of commercial vehicles on a public right-of-way Member Harmon moved and Member White seconded a motion to accept the pictures submitted by Judy Hanford and Tom Sharp for the record Motion parsed 3-0 Chair Clark stated that he would like to see a definition in place to distinguish between the types of commercial trucks allowed in residential districts He stated that he also is concerned aobut the noise impact as trucks are warmed up Member Harmon stated that staff needs to address on- street parking, address parking of commercial vehicles on property on 132°`i possibly by meeting with that group to educate them of the City's rules and regulations, and additionally suggesting that staff consider employing the use of conditional use permits through the Hearing Examiner process for those who want to park commercial vehicles on their property Member White asked staff to provide statistics with regard to the number and nature of complaints received by the City with respect to single owner operators parking their commercial vehicles in residential neighborhoods, stating that he would like a determination as to whether it is the actual parking of the commercial vehicle or how that vehicle is stored in residential neighborhoods that is creating problems After the Committee deliberated, Ms. Anderson addressed questions raised by Chair Clark and Member Harmon with respect to establishing applicable criteria for a conditional use permit as well as reviewing the City's home occupation license as a possible way to execute solutions for commercial vehicles parked in residential zoning districts Chair Clark asked that this amendment be brought back to Committee after staff has reviewed further options. ZCA-2005-7 Shipping Containers in Residential Zoning Districts Jerry Sanders, 23102 112'h Place SE, Kent, WA stated that the nature of his work requires the use of thirty-yard containers stored on the sites of homes he is renovating. He stated that it is not possible to complete a renovation within the 72 hour limitation as set forth in Kent's ordinance. Member Harmon stated that an active construction permit would allow for the temporary container to remain on site for the duration of the project. Mr Hooper concurred. Chair Clark asked that staff bring this item back to the Committee with a report that shows the locations where shipping containers are stored in residential zoning districts Councilmember , White would like a report of number and nature of complaints. Growth Management Hrgs Board Decision on Recent Urban Density Case—City of Bothell Assistant City Attorney, Kim Adams Pratt submitted a letter for the record summarizing the Board's decision with regard to the City of Bothell, listing the six questions the Growth Management Hearings Board (GMHB) stated they will look at when they review urban density issues Ms Pratt explained why the GMHB found Bothell to be in compliance with the Growth Management Act with regard to their urban densities Chair Clark asked Ms Pratt to please review the City's position on a proposal before the Suburban Cities Association concerning the urban density issue. Adiournment Chair Clark adjourned the meeting at 5 15 p m Pamela Mottram, Admin Secretary, Planning Services S IPerni&PlanlPlanneng Committee120051 Minutes 1081505man doc P&EDC Meeting Minutes—9/19/05 Page 2 of 2 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 15, 2005 Committee Members: Chair Tim Clark, Ron Harmon, Bruce White The meeting was called to order by Chair Clark at 4.00 P.M. Approval of Minutes Member White moved and Member Harmon seconded a motion to approve the minutes of June 20, 2005 Motion Passed 3-0 ZCA-2005-6 Townhouse Ownership Options in MR-T Zoning Districts Planning Manager Charlene Anderson gave a brief synopsis on this proposal, indicating that the Land Use and Planning Board recommended approval of this amendment Community Development Director Fred Satterstrom stated that this amendment helps to create a mechanism to ensure ownership more than the condominium actually does After deliberations with staff, Member Harmon moved to recommend approval of ZCA-2005-6 amending Chapter 15 of the Kent City Code to provide for ownership options in the MR-T Multifamily Residential Townhouse District as recommended by the Land Use and Planning Board Member White seconded the motion Motion Passed 3-0 ZCA-2005-4 Multifamily Dwelling Units in MR-T Zones in Downtown Districts Ms Anderson stated that this amendment provides for stacked dwelling units in addition to townhouses in the MR-T zones in downtown This is more reflective of the City's goals to increase residential density in downtown. She stated that the Land Use and Planning Board recommend approval. Member White moved to recommend approval of ZCA-2005-4 amending Chapter 15 of the Kent City Code to allow multifamily dwelling units in the MR-T Multifamily Residential Townhouse districts located in downtown districts as recommended by the Land Use and Planning Board. Member Harmon seconded the motion Motion Passed 3-0 ZCA-2005-5 Processing of Applications for Rezone Ms Anderson stated Kent's Hearing Examiner proposed this amendment to clarify that rezones could be processed separately or simultaneously with other types of land use applications such as a plat. Member Harmon moved to recommend approval of ZCA-2005-5 amending Chapter 12 of the Kent City Code regarding the processing of applications for a rezone as recommended by the Land Use and Planning Board Member White seconded the motion Motion Passed 3-0 I ZCA-2005-3 Commercial Motor Vehicles in Residential Zonin'a Districts Ms Anderson stated that this proposed amendment is intended to clarify an existing code, and is a recommendation to limit the storage and parking of commercial motor vehicles in residential zoning districts including single family and multifamily zones. Ms Anderson stated that the police department regulates on-street parking of these types of vehicles, but this issue relates to semi-truck and trailers, and tractors parked on private residential property She stated that the Land Use and Planning Board recommended approval by a 5-1 vote. Community Development Director Fred Satterstrom explained why he and the City's Code Enforcement Officer Brian Swanberg believes this issue to have become problematic in the recent past, citing visibility, public safety and noise issues Member White requested additional information on the number and location of complaints After deliberations, Member Harmon moved to recommend approval of ZCA-2005-3 amending Chapter 15 of the Kent City Code to limit storage and parking of commercial motor vehicles in residential zoning districts as recommended by the Land Use and Planning Board Chair Clark seconded the motion Motion Passed 2-1 with Member White opposed. COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director PLANNING SERVICES KE N T Charlene Anderson,AICP,Manager WRSHINGTON Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent.WA 98032-5895 November 21, 2005 TO: Chair Tim Clark and Planning & Economic Development Committee Members FROM: Damien Hooper, Planner RE. Zoning Code Amendment#ZCA-2005-3/KIVA RPP6-2052401 Commercial motor vehicles in residential zoning districts. MOTION: I move to approve/deny/modify Zoning Code Amendment#2005-3, as recommended by the Land Use & Planning Board. SUMMARY: On September 19 and October 17, 2005 the Planning & Economic Development Committee reconsidered the Land Use & Planning Board's recommendation to amend Kent City Code to limit the storage and parking of commercial motor vehicles in residential zoning districts At the October 17 meeting, staff had presented five permitting options for the committee's consideration. These options are being considered at a public hearing before the committee on November 21. BUDGET IMPACT: None BACKGROUND: On August 15, 2005 the Planning & Economic Development Committee voted 2.1 to approve the Land Use & Planning Board's recommendation to prohibit the parking of commercial motor vehicles on residentially-zoned properties, with specific exceptions. The committee asked staff to provide additional information on the number and nature of complaints the City has received regarding this issue. At their October 17 meeting, the committee additionally asked staff to research locations where commercial motor vehicles may be parked if they are not allowed in residential zoning districts. Code Enforcement Officer Brian Swanberg stated that complaints received by the city mainly focused on issues with the trailer portion of the tractor-trailer rig, but also were about the tractor portion. He added that some complaints were about safety issues, but that most of the complaints dealt with unsightly appearance. Staff contacted the State Department of Transportation and the national Warehouse/Distribution Association regarding potential parking/storage areas for commercial motor vehicles The State of Washington is interested in working with the City of Kent to facilitate development of a truck stop. The Warehouse/Distribution Association did not respond to the telephone call Staff is bringing forward to the Committee five options relating to commercial vehicles in residential zones Any combination of the options may also be considered. Option I• Allow commercial motor vehicles outright on private property in residential zones, either in whole (tractor & trailer) or in part (tractor only or trailer only) 15.04.020: Add a note to the category "Accessory uses .." for SR-1, SR-3, SR-4 5, SR-6, SR-8, MR-D, MR-T121 MR-T16, MR-G, MR-M and MR-H "One commercial motor vehicle is allowed to be parked on site at any one time `Commercial motor vehicles' include 1) vehicles used in a commercial enterprise which exceed 19 feet in length, and 2) truck tractors used in the drayage of semi-truck trailers The vehicle shall be parked on the residential driveway without overhanging sidewalk or street, or shall be parked to the side or rear of the residential structure, without encroaching onto the side and rear yard setbacks of the zoning district. Relevant development standards shall apply." New KCC 15.02.XXX: Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail Option 2: Disallow storage and parking of commercial vehicles in residential zones, as recommended by the Land Use & Planning Board: New KCC 15.08.085: Parking or storage of commercial motor vehicles Commercial motor vehicles are not permitted to be parked on residentially-zoned property unless actively loading or unloading goods or unless approved through a Home Occupation permit or other land use permit "Commercial motor vehicles" include: 1) vehicles used in a commercial enterprise which exceed 19 feet in length, and 2) truck tractors used in the drayage of semi-truck trailers New KCC 15.02.XXX: Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail. Option 3: Allow the storage and parking of commercial vehicles on residentially zoned property by means of conditional use permit Conditional uses are permitted outright in a given zoning district provided they can meet the criteria for approval established to KCC 15 09 030(D). In the case of Conditional Uses, the Hearing Examiner is obligated to grant approval of the request provided the applicant has demonstrated that the approval criteria have been satisfied. 15.04.020: Add a "C" with a note to the category "Accessory uses.. " for SR-t, SR-3, SR-4 5, SR-6, SR-8, MR-D, MR-T12, MR-T16, MR-G, MR-M and MR-H• On-site parking of a commercial motor vehicle may be allowed via Conditional Use Permit. "Commercial motor vehicles" include. 1) vehicles used in a commercial enterprise which exceed 19 feet in length, and 2) truck tractors used in the drayage of semi-truck trailers New KCC 15.02.XXX: Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail. Planning&Economic Development Committee November 21,2005 Page 2 of 3 An application for a Conditional Use Permit is a Process III application which requires public notice pursuant to KCC 12.01 The hearing examiner then conducts an open record public hearing prior to issuing a decision on the application. Option 4: Allow the storage and parking of commercial vehicles on residentially zoned property by means of a Special Home Occupation Permit. KCC 15 08.040(F)(2) provides criteria for approval of a Special Home Occupation Permit. The Hearing Examiner also may impose conditions of approval New KCC 15.08.040(F)(6): Parking/storage of commercial vehicles. "Commercial motor vehicles" include: 1) vehicles used in a commercial enterprise which exceed 19 feet in length, and 2) truck tractors used in the drayage of semi-truck trailers. New KCC 15.02.XXX: Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail. An application for a Special Home Occupation Permit is a Process III application which requires public notice pursuant to KCC 12 01. The Hearing Examiner then conducts an open record public hearing prior to issuing a decision on the application r There are currently 5 home occupations that require this form of review by the Hearing Examiner as established in KCC 15 08 040(F). These include music lessons, dance lessons, art lessons, academic tutoring, and automobile detailing. If this option is preferred a category for home occupations requiring use of commercial vehicle would be added to this list. The Special Home Occupation is similar to the Conditional Use option in that it requires review and approval by the Hearing Examiner. However, because the use would not be an outright permitted use in the zone, the City and/or Hearing Examiner would be able to consider the nature and conditions of all adjacent uses and structures in the decision A special home occupation permit may be granted only if the Hearing Examiner finds that the permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity to which the property is located, and that the issuance of such special home occupation permit will be consistent with the spirit and purpose of the code provision Also, the Hearing Examiner may impose conditions as necessary to protect other properties in the zone or vicinity. Option 5: Deny the proposed amendment. Staff would then work with existing code language CAIDHIpmS IPermnlPlanlZOIVECODEAA4ENDI2 005 12 05140 1-20 0503pedcl11105stfrptdoc Enc Minutes o18115105 9119105 and 10117105 PEDC meetenga, Minutes of 818105 LUPB meeting ee Fred N Sattorstrom,AICP,CD Director Charlene Anderson,AICP,Planning Mgr Kim Marousek,Principal Planner Damicn Hooper,Planner Project File Parties of Record Planning&Economic Development Committee November 21,2005 Page 3 of 3 LAND USE & PLANNING BOARD MINUTES 1 AUGUST 8, 2005 BOARD MEMBERS PRESENT: Chair Jon Johnson, Steve Dowell, David Malik, Dana Ralph, Elizabeth Watson, Kenneth Wendling, BOARD MEMBERS ABSENT: Tim Giminez, Excused STAFF MEMBERS: Charlene Anderson, Tom Brubaker, Chris Holden The meeting was called to order by Chair Johnson at 7:00 p.m. City Council Chambers. Approval of Minutes David Malik moved and Elizabeth Watson seconded a motion to approve the minutes of April 25, 2005. 1 Motion Carried Unanimously Added Items/Communications/Notice of Upcoming Meetines Planning Manager Charlene Anderson stated that these issues will likely move forward to the August 15 Planning and Economic Development Committee meeting. If approved by Committee these issues will move on to City Council on September 6. fiZCA-2005-3 Commercial Motor Vehicles in Residential Zonine Districts Planner Damien Hooper stated that this proposed amendment would limit the storage and parking of commercial vehicles in residential districts on residentially zoned property. He stated that this amendment was prompted by numerous complaints received by the city related to parking of commercial vehicles in residential neighborhoods Mr. Hooper stated that commercial motor vehicles present an incompatibility with residential uses related to noise, visual blight and safety issues. Mr Hooper cited the textual changes within KCC Section 15.08 085 as recommended by staff. After deliberations, Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell moved and David Malik seconded a motion to close the public hearing Motion Carried. David Malik moved and Steve Dowell seconded a motion to approve "ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts" as recommended by staff to include replacing the language "aettvely-delivering" with "unless actively loading or unloading" Motion Carried 5 to I with Dana Ralph opposed. ZCA-20054 Multifamily Dwelline Units in MR-T Zones in Downtown Districts Planning Manager Charlene Anderson stated that staff has revised phrasing for this amendment based on additional review. She stated that this amendment attempts to encourage more dwelling units in Downtown's MR-T zoning districts and provide for other ownership options. Ms. Anderson stated that staff proposes that multifamily dwellings with ownership interest be allowed in the MR-T zone located within the downtown districts. Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell moved and David Malik seconded a motion to close the public hearing. Motion Carried. David Malik moved and Elizabeth Watson seconded a motion to approve ZCA-2005-4 Multifamily Dwelling Units in MR-T Zones in Downtown Districts as recommended by staff. Motion Carried Unanimously. Land Use and Planning Board Minutes August g.2005 15 08 040 Home occupations. A Purpose. It is the purpose of this section to outline general conditions in which home occupations may be permitted in all zoning districts These conditions have been designed to help preserve the residential character of the city's neighborhoods from commercial encroachment while recognizing that certain selected business activities are compatible with residential uses. B. Home occupations permitted Home occupations which meet the requirements of this section are permitted in every zone where a dwelling unit was lawfully established The requirements of this section shall not apply to the following home occupations* 1. Home child care. 2. The sale of agricultural products produced on the premises. C Development standards All dwelling units in which a home occupation is located must meet the following minimum development standards: 1. The residential character of the exterior of the building shall be maintained 2 The outdoor storage or display of materials, goods, products, or equipment is prohibited. 3. A home occupation shall not occupy more than three hundred (300) square feet I4. The sign regulations of Ch. 15.06 KCC shall apply. D Performance standards. All home occupations must meet the following minimum performance standards 1. Employees. A home occupation may not employ on the premises more than one (1) person who is not a resident of the dwelling unit 2. Traffic. The traffic generated by a home occupation shall be limited to four (4) two (2) way client-related trips per day and shall not create a need for additional onsite or offsite parking spaces. 3. Sale of goods and services The sale of goods and services from a home occupation shall be to one (1) customer at a time, by appointment only, between the hours of 7 00 a m and 7 00 p.m , Monday through Saturday only 4. Electrical or mechanical equipment usage The use of electrical or mechanical equipment that would change the fire rating of the structure or create visual or audible interference in radio or television receivers or electronic equipment or cause fluctuations in line voltage outside the dwelling unit is prohibited 5. Utility demand. Utility demand for sewer, water, electricity, garbage, or natural gas shall not exceed normal residential levels. 6 Other criteria There shall be no noise, vibration, smoke, dust, odors, heat, glare, or other conditions produced as a result of the home occupation which would exceed that normally produced by a single residence, or which would create a disturbing or objectionable condition in the neighborhood. E Permit required A zoning permit is required as provided in KCC 15.09.020. i F Special home occupation permits A special home occupation permit shall be required for the following home occupations: 1. Music lessons. 2. Dance lessons. 3. Art lessons. 4. Academic tutoring. 5 Automobile detailing. A special home occupation permit may only be issued as follows- 1 Application. Applications for a special home occupation permit under this subsection shall be subject to the procedures and requirements of Chs 2 32 and 12 01 KCC The application fee for a special home occupation permit shall be the same as for administrative variances unless otherwise established by city council resolution 2. Criteria for approval. In conducting a hearing on an application for a special home occupation permit, the hearing examiner shall consider the nature and conditions of all adjacent uses and structures A special home occupation permit may only be approved by the hearing examiner if the hearing examiner finds that such permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located, and that the issuance of such special home occupation permit will be consistent with the spirit and purpose of this section and subject to the applicable provisions of Ch. 12 01 KCC. 3. Conditions of approval. In approving a special home occupation permit, the hearing examiner may impose such requirements and conditions with respect to location, installation, construction, maintenance and operation and extent of open spaces in addition to those expressly set forth in this section, as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest 4. Issuance Any special home occupation permit application approved by the hearing examiner shall be forwarded to the planning department for issuance. 5. Appeal of decision The decision of the hearing examiner on a special home occupation permit application shall be final Any appeal of the hearing examiner's decision shall be pursuant to the appeal provisions of Ch. 12 01 KCC G Nome occupations prohibited ' 1 The following uses, by the nature of their operation or investment, have a pronounced tendency, once started, to increase beyond the limits permitted for home occupations and impair the use and value of zoning districts where dwelling units are lawfully established. Therefore, the uses listed below shall not be permitted as home occupations* a Repair, body repair, building, or servicing of vehicles. 2. Home occupations prohibited by subsection (G)(1) of this section and which were operated lawfully in the city of Kent in compliance with the provision of this chapter as of the date of passage may continue to operate until October 18, 2004, after which date no prohibited home occupations may lawfully operate in the city of Kent r (Ord. No 3340, § 1, 4-2-97; Ord. No. 3424, § 31, 11-17-98; Ord. No 3575, § 1, 9-18-01; Ord No. 3646, § 1, 7-1-03: Ord No. 3752, § 2, 5-17-05) 1 1 1 t 1 i i i i t EXHIBITS COMMERCIAL MOTOR VEHICLES IN RESIDENTIAL ZONING DISTRICTS #ZCA-2005-3/KIVA #2052401 (Charlene Anderson) Exhibit Date Submitted By Description No. Rec'd 1. 9/19105 Judy Hanford Series of "24" Pictures depicting where trucks and semi-trailers 24736 136`h Ave SE were parked through-out Kent and in King County — along public Kent,WA right of ways Submitted at the 9119/05 PEDC meeting for the record 2. 9/19/05 Tom Sharp Series of"8" Pictures depicting trucks and/or trailers parked in PO Box 938 residential neighborhoods Maple Valley, WA Submitted at the 9119/05 PEDC meeting for the record IA 9/19i05 Margaret Bauer Supports allowing commercial vehicles to park in residential areas 33 11/01/05 Janet Lewis Email corresp addressed to Mike Painter, cc'd Mayor Cooke, fwd'd to BSwanberq- voicing concerns with trucks accessing residential streets 4. 11/2/05 Janet Lewis Email corresp addressed to Brian Swanberg, CEO& Mike Painter, Police Admn Services citing various comml truck parking locations 5. 11/21/05 Mr Dick Staples Series of pictures depicting various vehicles parked in his @ PEDC neighborhood bordering Lake Meridian Submitted to the PEDC for the Record at their 11121/05 Mt 6. 11/21/05 Ms Janet Lewis Series of pictures depictintq commercial trucks parked at 116 and @PEDC Kent Kangley and at"109` and 256th" Submitted to the PEDC for the Record at their 11121105 Mt 7. 12/27/05 Janet Lewis Email corresp addressed to BSwanberq, CEO-reporting a commercial truck parked at the northeast corner of 132r' and 2561h 8. 12/28/05 Janet Lewis Email corresp addressed to BSwanberg,CEO-reporting locations of commercial trucks parking at 132 na&256", 114" PL & SE 2401h, north side of 2561h 9. 12/30/05 Janet Lewis Email corresp addressed to BSwanberq, CEO-reporting various locations of comm'I trucks parking on west side of 132nd near Sunrise Elem 10. 1/7/06 Rob&Rhonda Sturton Email Corresp add'd to: CC/Mayor/Planning/JPulliam - via Email w/pictures depicting commercial vehicles parked behind their residence @ (9647 S 206 PI, Kent,WA)—in a residential zoning district Concerned that city is not enforcing zoning laws 11. 1/19106 Phil Skochiloch Email corresp.addressed to Mayor's Office-Julie Pulliam & fwd'd to BSwanberq.CEO Complaint with respect to semi's parked in his neighborhood (cul de sac at 2641h & 126` )- concerned with noise, pollutants fuel/oil left by these vehicles 12. 2/27/06 Sheila Dhillon A signed petition letter(18 signatures)in favor of allowing semi- @PEDC trucks to park in residential areas and in opposition to a required special permit to park their commercial vehicles(trucks)on privately owned property Submitted after the 2/27/06 PEDC—not read into the record 13. 3/6/06 Debra Grahn Email Corres addressed to City Council/Police Dept—fwd'd to Planning Services, Voicing concerns over large trucks parking along 1461h Ave SE between 1441h PI SE and 1451h PI SE— damaging the roads, attracting thievery, noisy 14. 5119/06 Michael Harris Email Corres Addressed to City Council Does not support the via Email parking of commercial vehicles in residential developments, unsightly, noisy and poses a danger for children in those residential areas 15. 6/11/06 Ron Harmon, CC Mmbr Email corresp addressed to Fred Satterstrom w/(4)attached via Email & Chair PEDC pictures of commercial trucks parked at 15645 SE Kent Kangley— in residential zone 16. 7/11/06 Sven, Debra, Madelaine Email corresp addressed to CAnderson and cc'd to Eliz &Cecilia Grahn Watson, TimClark, RonHarmon(CC/PEDC Mmbrs) -commenting on their opposition to allowing any semi-trader trucks in residential districts and would like to see contingencies in place if special use permits are allowed 17. 8/17/05 Barry Bender Email correspondence addressed to City Council commenting on his support to allow commercial vehicles in residential areas S IPermitlPlanTONECODEAMENDl20051ZCA-2005.3—Comm/_MotorVehictes(nResiZonmgOists120 5 24 0 1-2 0 05-3—Exhibitsbst doc PMottram Page 1 8/8/2006 i CONSENT CALENDAR 6. City Council Action• Councilmember moves, Councilmember aseconds to approve Consent C lendar Items A through O. ' Discussion f �� Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of August 1, 2006. 6B. Approval of Bills. Approval of payment of the bills received through July 15 and paid on July 31 after auditing by the Operations Committee on August 1, 2006 Approval of checks issued for vouchers: Date Check Numbers Amount 7/31/06 Wire Transfers 2514-2529 $1,289,197 67 7/31/06 PrePays & Regular 596793-597438 4,804,290 13 Use Tax Payable 73302 $6,094,220 82 ' Approval of checks issued for payroll for July 1 through July 15 and paid on July 20, 2006 Date Check Numbers Amount 7/20/06 Checks 291920-292252 $ 258,101.21 7/20/06 Advices 199284-199980 1,299,09125 Total Regular Payroll $1,557,192 46 Council Agenda Item No. 6 A-B r rKent City Council Meeting KENT August 1, 2006 WA$MI NGTGN A special meeting of the Kent City Council was called to order at 5 00 p.m. by Mayor Cooke. Councilmembers present Clark, Harmon, O'Brien, Ranmger, Raplee, Thomas and Watson. (CFN-198) CHANGES TO AGENDA A From Council, Administration, or Staff. (CFN-198) Mayor Cooke noted the addition of a Civil Service Reappointment and clarified that proper notice of this addition was given within the required timeframe. Hodgson stated that there is no need for an Executive Session PUBLIC COMMUNICATIONS A. Public Recognition (CFN-198) Mayor Cooke noted that 136 ASA Fastpitch teams from 38 states were in Kent for a tournament and commended Police Captain Mike Painter for his efforts in promoting sports in the community C. Employee of the Month. (CFN-147) Mayor Cooke announced that Rick O'Neill of Public Works has been selected as Employee of the Month for August. He was commended by both the Public Works Director and the Design Engineering Manager D. Introduction of Re-appointee. (CFN-122) Mayor Cooke introduced her re-appointee to the Civil Service Commission, Ron Banister CONSENT CALENDAR RANNIGER MOVED to approve Consent Calendar Items A through Q Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of July 18, 2006 were approved. ' B. Approval of Bills. (CFN-104) Payment of the bills received through June 30 and paid on June 30 after auditing by the Operations Committee on July t8, 2006 were approved ' Approval of checks issued for vouchers. i IDate Check Numbers Amount 6/30/06 Wire Transfers 2483-2497 $1,247,445.71 6/30/06 PrePays & Regular 595601-596248 4,383,305 86 Use Tax Payable 2,64L04 $5,633,392 61 Payment of the bills received through July 15 and paid on July 15 after auditing by the Operations Committee on July 18, 2006 were approved I Kent City Council Minutes August 1, 2006 , Approval of checks issued for vouchers: Date Check Numbers Amount 7/15/06 Wire Transfers 2498-2513 $1,493,785 17 7/15/06 PrePays & Regular 596249-596792 2,747,521 44 Use Tax Payable 2,901.93 $4,244,208.54 Approval of checks issued forpavroll for June 16 through June 30 and paid on July 5, 2006 , Date Check Numbers Amount 7/5/06 Checks 291595-291919 $ 250,53102 7/5/06 Advices 198591499283 1,311,013 75 $1,561,544.77 C. Mid-Year 2006 Budget Adjustment Ordinance. (CFN-186) Ordinance No. 3803 for budget adjustments made between January 1, 2006, and June 30, 2006, totaling S24,542,430 was adopted. D. Water Service Boundaries Interlocal Agreement. (CFN-126) The Mayor was authorized to sign the mterlocal agreement between Kent, Auburn, and Water District 111, which will allow Kent to provide water service to the Verdana development which is to be built on the former "Impoundment Reservoir Property" previously owned by and previously annexed to the City of Kent, although within the potential water service areas of Auburn and Water District 111. E. Bill of Sale, Copper Hill. (CFN-484) The Bill of Sate for Copper Hill for 4 sewer manholes and 861 linear feet of sanitary sewer was accepted. This project is located at 22521 — 104`h Ave. SE. F Bill of Sale, East Hill Village. (CFN-484) The Bill of Sale for East Hill Village for 3 gate valves and 287 linear feet of watermain was accepted. This project is located at 22521 — 1041h Ave. SE. G. Bill of Sale, Starwood. (CFN-484) The Bill of Sale for Starwood for 4 gate valves, 2 hydrants, 460 linear feet of watermams, 6 sewer manholes, 698 linear feet of sanitary sewer, 410 centerline linear feet of streets, 2 storm manholes, 10 catch basins, 100 linear feet of biofiltration swale, 8,600 cubic feet of detention pond storage, and 528 linear feet of sewer was accepted. This project is located at 26521 — 1 14d' Ave. SE. H. Bill of Sale, Starmeadow. (CFN-484) The Bill of Sale for Starmeadow for 4 gate valves, 1 hydrant, 530 linear feet of watermains, 9 sewer manholes, 822 linear feet of sanitary sewer, 510 centerline linear feet of streets, 6 storm manholes, 9 catch basins, 10,000 cubic feet of detention pond storage, and 880 linear feet of sewer was accepted. This project is located at 26525 — 1 14`h Ave. SE. I. Bill of Sale, 3rd Avenue Improvements. (CFN-484) The Bill of Sale for 3`d Avenue Improvements for 190 linear feet of storm dram was accepted. This project is located at t001 —3Td Ave. S 2 1 Kent City Council Minutes August 1, 2006 J Bill of Sale, Kent Station, Phase 1. (CFN-484) The Bill of Sale for Kent Station Phase I for 6 gate valves, 60 linear feet of watermain, 8 sewer manholes, and 1,164 linear feet of sanitary sewer was accepted. This project is located at 528— I"Ave N K Western Arts Federation Grant. (CFN-118) The $2,500 grant from Western State Arts Federation in support of Keola Beamer's Hawaiian Holiday Concert was accepted, the expenditure of funds in the Kent Arts Commission's budget was authorized, and the Mayor was authorized to sign all grant related agreements. L. Second Quarter Fee-in-Lieu Fees. (CFN-118) $31,500 fee-in-heu funds from Norris Homes 1 and Power Custom Homes was accepted, and the expenditure of funds in the Wilson Playfield and Clark Lake Park budgets was authorized M Starbucks Grant for Clark Lake Trail Development. (CFN-118) A $15,000 grant from the Starbucks Coffee Company in support of the Clark Lake Trail Development Project was accepted and the expenditure of funds in the Clark Lake Park budget was authorized N. S. 228th Erosion Control Final Pay Estimate. (CFN-171) The S 228`h Street Erosion Control/Storm Event Mitigation project was accepted as complete and release of retamage to Scotty's General Construction, Inc., was authorized. O. Town Square Plaza Fountain Base Agreement. (CFN-1298) The Mayor was authorized to enter into an aureement with Seattle Solstice LLC in the amount of$35,000, excluding Washington State Sales Tax to design, fabricate and deliver the fountain base for the future Town Square Plaza, upon review by the City Attorney. P. Proposed LID 359, 116th Avenue. (CFN-1300) Resolution No. 1728 setting September 5, 2006, as the hearing date on proposed formation of Local Improvement District 359, was adopted. ' Q. 2007-2012 Six-Year Transportation Improvement Program. (CFN-164) A hearing date of August 15,2006, for consideration of the 2007-2012 Six-Year Transportation Improvement Program was set OTHER BUSINESS A. Vallev View Rezone. (CFN-121) The proposed ordinance relates to land use and zoning, specifically the rezoning of two parcels totaling 3.97 acres of property from SR-4.5 (Single-Family Residential), to SR-6 (Single-Family Residential). The property is located at 20433 and 20541 92"d Avenue South The Kent Hearing Examiner held a Public Hearing on June 21, 2006, and issued Findings, Conclusions, and a Recommendation for approval on July 6, 2006 The City Attorney explained the quasi-judicial process and determined that Counctlmembers have no conflicts to disclose Matt Gilbert of the Planning Services Office gave a brief presentation on the rezone and noted that the one condition relates to traffic impacts He noted for Harmon that the 192nd corridor project will relieve congestion on 92n1 Avenue South. HARMON MOVED to accept the Findings, Conclusions and Recommendation of the Hearing Examiner and to adopt Ordinance No 3804 relating to the Valley View Rezone. Clark seconded and the motion carried. 3 Kent City Council Minutes August 1, 2006 ADDED ITEM B. Civil Service Commission Re-appointment. (CFN-122) RANNIGER MOVED to confirm the Mayor's re-appointment of Mr Ron Banister as a member of the Kent Civil Service Commission Clark seconded and the motion carried. Mr. Banister's appointment will continue through April 30, 2012. REPORTS Mayor's Report. (CFN-198) Mayor Cooke reminded everyone of the National Night Out festivities tonight. Operations Committee. (CFN-198) Clark noted that a discussion about court services was held at the last meeting and stated that Court services are vital. Planning and Economic Development Committee. (CFN-198) Harmon noted that the next meeting will be on Monday, August 21 at 4.00 p.m. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be on Tuesday, August 8 at 5.00 p.m Public Works Committee. (CFN-198) Raplee noted that the next meeting will be on Monday, August 7 at 5.00 p in. Administration. (CFN-198) Brubaker noted that the revised Critical Areas Ordinance and a public , hearing on it is scheduled for the Council meeting of August 15. ADJOURNMENT At 5.25 p.m , WATSON MOVED to adjourn. Thomas seconded and the motion carried. t Brenda Jacober, CMC City Clerk i 4 Kent City Council Meeting Date August 15, 2006 Category Consent Calendar 1 1 SUBJECT: WAS14INGTON STATE MILITARY DEPARTMENT GRANT AGREEMENT — ACCEPT AND AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with the Washington State Military Department and accept a reimbursable grant not to exceed $95,300. The Fire Department's Emergency Management Division received a reimbursable grant not to exceed $95,300 from the Washington State Military Department. These grant funds are to be used for the purchase and implementation of WebEOC software WebEOC is an online, interactive software that provides real-time communications and updates for emergency events. The necessary infrastructure to operate the system will also be purchased. yThe agreement has been reviewed and approved by the City Attorney's Office. 3. EXHIBITS: Agreement 4. RECOMMENDED BY: Public Safety Committee 8/8/06 (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT 1 Expenditure? Y Revenue? Y Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund V00040.6xxxx.2150 Amount Grant not to exceed $95,300 00 Unbudgeted Revenue: Fund V00040 53418 Amount Grant not to exceed $95,300 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6C Washington State Military Department CONTRACT FACE SHEET 1 Contractor Name and Address 2. Contract Amount: 3 Contract Number City of Kent Emergency Management Division $95,300 E07-079 24611 116 Avenue, SE Kent, WA 98030 4 Contractor's Contact Person, Phone Number 5 Contract Start Date. 6 Contract End Date Kimberly Behymer, (253) 856-4343 July 1, 2006 April 30, 2007 7 MD Program Manager/phone number 8 State Business License# 9. UBI #(state revenue): Rachel Glahe, (253) 512-7064 n/a 173-000-002-1 10 Funding Authority Washington State Military Department (Department) and the State 2005-07 Revised Omnibus Operating Budget 11 Funding Source Agreement# 12. Program Index#Obj/SubOb1: 13 Catalog of Federal Domestic 14 TIN or SSN ' ESSB 6386 771 M2 NZ Asst (CFDA)#&Title NA 91-6001254 15 Service Districts 16 Service Area by County(ies) 17. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT) 31, 47 King County Certified? X N/A El NO (BY CONGRESSIONAL DISTRICT) 8, 9 ❑ YES, OMWBE# 18 Contract Classification 19 Contract Type(check all that apply) ❑ Personal Services O Chent Services X Public/Local Gov't X Contract ❑ Grant ❑ Agreement ❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental ❑ Interagency 20 Contractor Selection Process 21. Contractor Type(check all that apply): X 'To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ AIE RCW ❑ NIA X Public Organization/Jurisdiction X Non-Profit X Advertised? X YES ❑ NO ❑ VENDOR ❑ SUBRECIPIENT X OTHER 22 BRIEF DESCRIPTION. To provide Emergency Management Preparedness Assistance Grant (EMPAG) funds to local jurisdictions, private organizations, regional agencies, tribal governments and regional incident management teams for emergency management preparedness activities in an effort to enhance emergency management throughout Washington State. IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and attachments hereto and have executed this contract as of the date and year written below. This Contract Face Sheet, Special Terms and Conditions, General Terms and Conditions, Statement of Work, and Budget govern the rights and obligations of both parties to this contract In the event of an Inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order (a) Applicable Federal and State Statutes and Regulations (b) Statement of Work (c) Special Terms and Conditions (d) General Terms and Conditions, and if attached, (e) any other provisions of the contract incorporated by reference. This agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. WHEREAS, the parties hereto have executed this contract on the day and year last specified below FOR THE DEPARTMENT: FOR THE CONTRACTOR- Signature Date Signature Date James M Mullen, Director Suzette Cooke, Mayor Emergency Management Division Washington State Military Department for APPROVED AS TO FORM City of Kent Emergency Management Division Spencer W Daniels (signature on file) 7/20/06 Assistant Attorney General Form 10/27/00 kdb EMPAG-SFY 07 Page 1 of 17 City of Kent EMD E07-079 SPECIAL TERMS AND CONDITIONS ARTICLE I -- COMPENSATION SCHEDULE: This is a fixed price, reimbursement contract. Within the total contract amount, travel, subcontracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this contract. Any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03 050 and RCW 43 03 060 as now existing or amended Receipts and/or backup documentation for any approved budget line items including travel related expenses (other than meals, mileage and parking) that are authorized under this contract must be maintained by the Contractor and be made available upon request by the Military Department Some flexibility to shift funds between/among budget categories is allowed as follows. Changes to any single , budget category, except for an equipment line item, in excess of 10% or $100, whichever is greater, will not be reimbursed without the prior written authorization of the Department Increases to the equipment line item require prior written approval of the Department. Budget categories are as specified or defined in the budget , sheet of the contract. ARTICLE II -- REPORTS: In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and submit the following reports to the Department's Key Personnel Financial #/Copies Date Due Invoices 1 August 30, 2006 (Reimbursement requests must cover September 30, 2006 expenses incurred in the previous 30 days ) October 30, 2006 , November 30, 2006 December 30, 2006 January 30, 2007 February 28, 2007 March 30, 2007 Non-Expenditure Memo 1 As required (If no expenditures have occurred in the previous 30 days, a memo detailing why no funds were , expended must be submitted.) Final Invoice 1 April 30, 2007 (Shall not exceed overall contract amount) , All contract work must end on April 30, 2007, however the Contractor has up to 14 days after the end date to submit all final billing. Technical #/Copies Date Due Performance Reports 1 August 5, 2006 (Reports must cover the previous 30 days) September 5, 2006 October 5, 2006 November 5, 2006 December 5, 2006 January 5, 2007 February 5, 2007 March 5, 2007 April 5, 2007 Final Report 1 April 30, 2007 All contract work must end on April 30, 2007, however the Contractor has up to 14 days after the end date to submit all final reports and/or deliverables. EMPAG-SFY 07 Page 2 of 17 City of Kent EMD E07-079 ARTICLE III -- KEY PERSONNEL: The individuals listed below shall be considered key personnel. Any substitution must be notified in writing by the Military Department CONTRACTOR- MILITARY DEPARTMENT: Kimberly Behymer, Program Coordinator Rachel Glahe, Program Manager ARTICLE IV --ADMINISTRATIVE REQUIREMENTS: The Contractor shall comply with the Local Government Budget and Accounting Reporting System (BARS). ARTICLE V -- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1. Funds are provided by the Washington State 2005-07 Revised Omnibus Operating Budget (ESSB 6386) solely for the purpose of supporting emergency management preparedness activities The Contractor shall use the funds to perform tasks as described in the Statement of Work and Budget portions of the ' Contractor's request for funding, as approved by the Department. 2. Insurance: (For public entities receiving state funds) The Washington State Military Department and City of Kent Emergency Management are part of the State of Washington and protected by the State's self- insurance liability program as provided by Chapter 4.92 130. 3. Equipment Management All equipment purchased through this contract by the Contractor or the Contractor's Subcontractor will be recorded in an equipment inventory system Equipment in this system must be managed according to the following procedures at a minimum: • The Contractor shall maintain equipment records that include- a description of the property, the manufacturer's serial number, model number, or other identification number; the source of the equipment; who holds title; the acquisition date, the cost of the equipment and the percentage of State ' participation in the cost, the location, use and condition of the equipment at the date the information was reported, and disposition data including the date of disposal and sale pace of the property. • Records for equipment shall be retained by the Contractor for a period of three years from the date of ' the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the three year period, the records shall be retained by the Contractor until all litigations, claims, or audit findings involving the records have been resolved. 1 • The Contractor shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Contractor to determine the cause of the difference. The Contractor shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. • The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage, I • and theft of the property. Any loss, damage or theft shall be investigated. • The Contractor will develop adequate maintenance procedures to keep the property in good condition. • If the Contractor is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return When original or replacement equipment is no longer needed for the original project, disposition of the equipment will be made as follows • Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Contractor with no further obligation to the awarding agency. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Contractor shall compensate the Department for its share EMPAG-SFY 07 Page 3 of 17 City of Kent EMD E07-079 Exhibit A , Washington State Military Department INTERGOVERNMENTAL GENERAL TERMS AND CONDITIONS ' For use with State Agencies, Local Governments, and Special Districts Contracts STATE FUNDS ONLY 1. DEFINITIONS a "Department" shall mean the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "The Adjutant General" as it is used herein shall mean the Director of the Washington State , Military Department The term "Authorized Department Representative" shall mean those persons who have written authorization to sign Department contracts and represent Department as signed and directed by The Adjutant General. , C. "Contractor" shall mean that state agency, local government or jurisdiction, public organization, group, special district, or other entity performing services under this contract, and shall include all employees of the Contractor. It shall include any subcontractor retained by the Contractor as permitted under the terms of this agreement. d. "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all or part of those services under this agreement under a separate contract with the Contractor The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. e. "Contract and/or Agreement" as found in these Terms and Conditions shall be interchangeable and mean (a) a formal written agreement between parties (in this definition, the Military Department being one of the parties) setting forth all terms and enforceable by law, (b) Law — 1 A properly executed and legally binding compact. 2 The writing or document embodying this compact; (c) a mutual understanding between two or more persons about their relative rights and duties regarding past or future performances, a manifestation of mutual assent by two or more parties; and/or (d) a procurement contract under an award or subaward, and a procurement subcontract under a recipient's or subrecipient's contract; (e) a promise, or , set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty e. "WAC" is defined and used herein to mean the Washington Administrative Code f. "RCW" is defined and used herein to mean the Revised Code of Washington 2. NONDISCRIMINATION There shall be no discrimination against any employee who is paid by contract or grant funds or against any applicant for such employment because of race, religion, color, sex, marital status, creed, national origin, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. This provision shall include, but not be limited to the following employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 3. CONTRACTOR NOT EMPLOYEE OF AGENCY -- The Contractor, and/or employees or agents performing under this agreement are not employees or agents of the Department in any manner whatsoever. The Contractor will not be presented as nor claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor will the Contractor make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the State of Washington, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41 06 RCW It is understood that if the Contractor is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right. EMPAG-SFY 07 Page 4 of 17 City of Kent EMD E07-079 ' If the Contractor is an individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution. A statement of "no conflict of interest" shall be submitted to the Department 4. INDEMNIFICATION Each party shall defend, protect, and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees, agents and/or authorized subcontractor(s) while performing this contract or grant If the Contractor enters into any subcontracts, each subcontract shall include a statement indemnifying the Washington State Military Department. Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice. 5. TREATMENT OF ASSETS Upon successful completion of the terms of this contract, all assets, including equipment, purchased through this contract will be owned by the Contractor unless otherwise specified by the funding source. The Contractor shall be responsible for any and all operation and maintenance expenses and for the safe operation of said equipment including all questions of liability. 6. AUDITING OF RECORDS, DOCUMENTS, AND REPORTS The Contractor shall maintain books, records, documents, and other evidence and accounting procedures and practices which sufficiently and properly reflect all direct and indirect cost of any nature expended in the performance of this agreement. These records shall be subject at all reasonable times for inspection, review, or audit by Department personnel and other personnel duly authorized by the Department, the Office of the State Auditor, and so authorized by law, rule, regulation, or contract. The Contractor will retain all books, records, documents, and other material relevant to this agreement for six (6) years after termination or expiration, and the Office of the State Auditor, and any persons duly authorized shall have full access to and the right to examine any of said materials during said period 7. DELAYS IN PERFORMANCE The Contractor shall, if unable to complete the contract work at the time specified because of technical difficulties, notwithstanding the exercise of good faith and diligent efforts in the performance of the work called for hereunder, notify the Department of that anticipated delay and the reasons thereof Such notices and reason shall be delivered within ten working days after the condition creating the delay becomes known to the Contractor. When notice is so given, the Department may, with discretion, extend the time specified for performance for such period as deemed advisable. 8. CHANGES AND MODIFICATIONS The Department and the Contractor may, from time to time, request changes to the contract. Any such changes that are mutually agreed upon by the parties to this contract shall be incorporated herein by written amendment to this contract. It is mutually agreed and understood that no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, shall not be binding. ' 9. RIGHTS IN DATA The parties hereto agree that all works originating from this contract shall be "works for hire" as defined by the U S Copyright Act of 1976 and shall be jointly owned by the Department and/or the State of Washington and the Contractor Unless otherwise provided, this contractual term applies to all works including, but not limited to, reports, graphic design and logos, documents, files, pamphlets, advertisements, publications, books, magazines, surveys, studies, computer programs, films, tapes, 1 and/or sound reproductions prepared by an employee within the scope of employment, and also to all works specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, 1 as an instructional text, as a test, as answer material for a test, or as an atlas Joint ownership includes the right for each party to copyright, patent, register, and the ability to transfer these rights. EMPAG-SFY 07 Page 5 of 17 City of Kent EMD E07-079 The Contractor shall not affix any restrictive markings upon any data, and if such markings are affixed, the Department shall have the right at any time to modify, remove, obliterate, or ignore such markings. 10. PUBLICATION OF DATA , All notices, publications, informational pamphlets, press releases, research reports, and similar public notices must acknowledge that the program is supported by funds provided by and through the Washington State Military Department, as appropriate and five copies of each such publication shall be furnished to the Department at no charge Should the resultant publication be considered copyrightable material not already owned by the Department pursuant to the provisions of Section 7 of these General Terms and Conditions, the Department reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use all or any of such copyrighted material or all or any such material which can be copyrighted which resulted from this agreement. 11. SUBCONTRACTING Neither the Contractor nor any Subcontractor shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the Department Contractor shall use a competitive procurement process in award of any contracts with subcontractors that are entered into after original contract award. Each subcontract shall include a statement indemnifying the Washington State Military Department. Further, that no provision of this clause and no such approval by the Department of any subcontract shall be deemed in any event or in any manner to provide for the ' incurrence of any obligation of the Department in addition to the total agreed upon pnce. 12. ADVANCE PAYMENTS PROHIBITED No payment in advance or in anticipation of services or supplies to be provided under this agreement shall be made by the Department. 13. LIMITATION OF AUTHORITY -- "Authorized Signature" Only the assigned Authorized Signature for the Department or the assigned delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or ' condition of this contract is not effective or binding unless made in writing and signed by the authorized person. 14. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the agreement unless stated to be such in writing, signed by an authorized representative of the Agency, and attached to the original agreement. 15. DISPUTES -- Except as otherwise provided in this contract, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by the Department, a representative appointed by the Contractor, and a third parry mutually agreed upon by both parties The team shall attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal 16. LOSS OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this agreement and prior to normal completion, the Department may terminate the agreement, with five (5) days advance written notice, subject to re-negotiation under those new funding limitations and conditions. 17. TERMINATION t a. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner one or more of its obligations under this contract, or if the Contractor shall violate any of its covenants, agreements or stipulations of this contract the Department shall thereupon have the right to terminate this contract and withhold the remaining allocation if such default or violation is not EMPAG-SFY 07 Page 6 of 17 City of Kent EMD E07-079 corrected within forty-five (45) days after submitting written notice to the Contractor describing such default or violation b. Notwithstanding any provisions of this contract, either party may terminate this contract, by providing written notice of such termination, specifying the effective date thereof, at least forty- five (45) days prior to such date. Reimbursement for approved services performed by the Contractor, and not otherwise paid for by the Department prior to the effective date of such termination, shall be as the Department reasonably determines. 18. RECAPTURE OF FUNDS In the event that the Contractor fails to expend funds under this contract in accordance with state law, or federal law where applicable, and/or the provisions of this contract, or fails to perform any and all 1 tasks under this contract, the Department reserves the right to recapture state funds in an amount equivalent to the extent of the noncompliance. Such right of recapture shall exist for a period not to exceed three (3) years following contract termination. Repayment by the Contractor of funds under this recapture provision shall occur within thirty (30) days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs thereof, including reasonable attomeys' fees 19. GOVERNING LAW -- This contract shall be governed by the laws of the state of Washington. In the event of a lawsuit involving this contract, venue shall be proper only in Thurston County. The ' Contractor, by execution of this contract, acknowledges the jurisdiction of the courts of the state of Washington in this matter. 20. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as ' the "ADA" 28 CFR Part 35. The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. 21 SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. End of the general terms and conditions ' EMPAG-SFY 07 Page 7 of 17 City of Kent EMD E07-079 Exhibit B STATEMENT OF WORK Emergency Management Preparedness Assistance Grant (EMPAG) State Fiscal Year 2007 (SFY07) INTRODUCTION: The Washington State 2005-07 operating budget authorizes the Washington State Military , Department (Department), Emergency Management Division (EMD), to award grants for emergency management preparedness activities that support EMD's vision of a disaster-resistant Washington Funds are for protects that include development of comprehensive emergency management plans, training of public officials on disaster response, administration of joint emergency management training exercises, or strengthening of emergency response, mitigation, preparedness and coordination. Following a competitive grant application process, funding is awarded to the highest scoring eligible applicants. City of Kent Emergency Management Division has been awarded this emergency management preparedness contract and is known hereinafter as the Contractor The Contractor Agrees To: 1. Perform activities described in the attached Scope of Work (Attachment A). 2. Provide monthly progress reports on deliverables using the format prescribed by the Military Department and advise the Military Department of necessary adjustments to the content of the contract 3. Submit a comprehensive final report detailing the activities completed, the success or failure of those activities, and justification for any activities not completed using the format prescribed by the Military ' Department. Projects which include an exercise component must submit the After Action Report as part of the final report. 4. If necessary, hire a Subcontractor to assist in accomplishing the tasks outlined in the Statement of Work. The Military Department may request a copy of the subcontract agreement which outlines the tasks the subcontractor will perform 5. Make all supporting documentation to reports available to Military Department staff for review, upon ' request 6. Submit signed, approved invoice vouchers (state form A-19) every 30 days for work performed in the previous 30 days. Invoicing timeframes will not be more often than monthly. Each A-19 will be accompanied by a spreadsheet detailing the expenditures Related financial documents and invoices must be kept on file by the Contractor and be made available upon request to the Department, and local, state, or federal auditors Requests for reimbursement of equipment purchases will include a copy of the vendor's invoice and packing slip. If no expenses were incurred during a 30-day period in lieu of an invoice a memo must be submitted detailing why no funds were expended. , The Military Department Agrees To: 1. Provide staff coordination and input such as technical information and assistance. 2. Review reports and billings for accuracy and completion 3. Reimburse the Contractor within 30 days of receipt and approval of monthly signed, dated invoice voucher(s) (state form A-19), documentation of satisfactory completion of tasks-to-date, and documentation of costs EMPAG-SFY 07 Page 8 of 17 City of Kent EMD E07-079 TIMELINE Agency Organization Date ' Washington State Military Department City of Kent Emergency Management Division 07106 2006 2007 Tasks JUL AUG SEP OCT NOV DEC JAN FEB MAR APR ' 1. Submit performance Cr a Cr a a a a a a reports. ' 3. Submit invoices a a Cr a a a a a with Reimbursement Form. 4. Submit final performance report and final invoice. Cr 5 Contract expires. a 1 EMPAG-SFY 07 Page 9 of 17 City of Kent EMD E07-079 Exhibit C , BUDGET SHEET , Contract expenditures shall be documented according to the following categories when appropriate EMPAG BUDGET SUMMARY Approved Budget Salaries and Benefits $0 , Goods and Services (including, but not $0 limited to, supplies, materials, postage, printing, etc. as allowed by grant guidance) Travel and Per Diem $0 ' Equipment $90,300 Subcontractor $5,000 Other $0 Management and Administration (5%) $0 ' In-Direct Costs (10%) $0 Total All Program Costs $95,300 Total Award $95,300 The City of Kent Emergency Management EMPAG award is $95,300. This award will be used to supplement ' existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose The Reimbursement Spreadsheet (Attachment B) will accompany each A-19 invoice voucher requesting reimbursement. In addition, the Contractor agrees to make all records available to Military Department staff, upon request Funding Source: Washington State Military Department- PI#771 M2— EMPAG , EMPAG-SFY 07 Page 10 of 17 City of Kent EMD E07.079 ' SCOPE OF WORK Attachment A Section 1: Need ' The City of Kent, Washington is centrally located in the Puget Sound area The City encompasses approximately 29 square miles. Kent is the fourth largest city within King County and the seventh largest city in the State of Washington with a resident population of over 85,000 and a daytime population of over 100,000. Kent is strategically located between both the Ports of Seattle and Tacoma, and has rail and truck transportation corridors that pass through the City There are also approximately 100 Hazardous Materials facilities that fall under the Emergency Planning and Community-Right-to-Know Act (EPCRA). The Olympic Pipeline also runs through the City. ' King County is divided into three distinct zones: Zone 1, 3 and 5. The City of Kent has established itself as a leader in Zone 3 which includes 16 cities The Director of Emergency Management for the City of Kent chairs ' the Zone 3 Emergency Managers Committee A disaster event is likely to be a regional event. Kent must be able to coordinate with regional partners Washington State EMD, King County Office of Emergency Management and surrounding cities and jurisdictions eTo respond to emergency events and disasters an Emergency Coordination Center (ECC) has been established The mission of the Emergency Coordination Center (ECC) is to provide the infrastructure for ' coordinating requests for assistance and resources in response to an incident affecting citywide, zone, county and state operations Supporting the ECC and carrying out the responsibilities outlined in the City of Kent Comprehensive Emergency Management Plan (CEMP) each city department operates a Department Operations Center (DOC). Outlined in the CEMP is each DOCs responsibility. Ten DOCs are located throughout the city. It is critical for effective disaster operations that each DOC is able to communicate and share information with the ECC and other DOCs. Currently the system for information sharing, tracking and processing resource requests is not timely or efficient Information is gathered by the ECC through the Message Center. The Message Center uses a symposium phone system with five phones in addition to receiving faxes, email and radio communications. Every message is hand written and distributed to sections within the ECC. Information is also tracked by entering the same information that is on the message form into large display boards in the ECC For documentation purposes that message information is also entered into a computer database Status boards can only be viewed by those physically in the planning section or by situation reports that are only given daily. The dynamics of a major event require more of a real time system. There is not a way for information to be simultaneously distributed and viewed by ECC representatives, DOC staff and outside agencies/jurisdictions. Resource requests and disaster response are delayed by the inefficient documentation process. In 2003, the City of Kent conducted a full scale exercise in conjunction with Top Off II. The after action report identified the need to improve message flow and information sharing. The City of Kent would like to implement a system that would allow users to share information and view up-to- date situation status. WebEOC is the solution for the City of Kent to improve emergency operations and be interoperable with regional partners and agencies such as King County and Washington State EMD. Section 2: Project Description The City of Kent Emergency Management Division is applying for grant funds to "strengthen emergency response, mitigation, preparedness and coordination". EMPAG-SFY 07 Page 11 of 17 City of Kent EMD E07-079 Attachment A With funds received from this grant request Kent Emergency Management will enhance disaster coordination and response by purchasing and implementing the use of WebEOC software. WebEOC is online, interactive software that provides real-time communications and updates for emergency events A large number of users ' can log-on to the system from any location Kent Emergency Management will work with a consultant that will provide the WebEOC software in a package that includes onsite installation and training We will also purchase the necessary infrastructure to operate the system. The recommended system requirements include two computer servers and operating system software. We will also purchase 10 laptop computers to be used in the ECC. Four laptops will be committed to the operations section. Critical disciplines include- Police, Fire, Public Works and Parks The planning section would need four computers for: the planning section chief, situation unit leader, resource unit leader and documentation unit. One laptop would be used by the finance section and the Mayor's Leadership Team. City employees that are involved in disaster operations would be identified to attend a training session on the , new system Our partners in Zone 3 would be invited and encouraged to attend training as well WebEOC software is able to make a seamless connection to other systems. A key step in this project is establishing a connection with King County and Washington State EMD. City of Kent Information Technologies staff will install servers and provide continued system support Section 3: Performance Measures Our goal is to improve methods of resource requests and tracking, information sharing and communications by , implementing WebEOC. To document the success of this project we will follow the attached work plan Critical steps to completing the project include: Installation of computer servers and operating software Installation of WebEOC software Purchase of laptop computers for the ECC , Conducting training sessions with employees that will staff the ECC and DOCs Activities will be documented in an activity log that identifies each task and the date the task is completed. , To complete the project, Emergency Management staff will design and conduct an exercise that will test the system and give staff on opportunity to use the system from various locations. Section 4: Impact This award would have a profound impact on emergency operations within our City and beyond. It is a long ' term solution to improve internal and external communications. The labor intensive process of hand writing messages and documenting would be no longer necessary. Resource requests, information and disaster situation would be shared and viewed simultaneously by DOCs and ECC representatives. Disaster responders would have access to up-to-the-minute information. Not only would WebEOC be of great benefit to the City of Kent, but the region as well Kent is the second ' largest warehouse center on the west coast with multiple valuable resources available Both King County and Washington State Emergency Management Division use WebEOC for their emergency operations The City of ' Kent will be able to integrate a system that is already in use by these agencies and other jurisdictions to assist in fulfilling resource requests EMPAG-SFY 07 Page 12 of 17 City of Kent EMD E07-079 Section 5: Governance Attachment A ' Applicant Agent: Jim Schneider, Director of Emergency Management Alternative Applicant Agent: Dominic Marzano, Emergency Manager 1 This project will be coordinated by Kent Emergency Management staff Program Manager Brian Felczak and Program Coordinator Kimberly Behymer. Brian Felczak has been with the Kent Fire Department for over 25 years, the last six in Emergency Management. He is tasked with overall maintenance and operations of the Emergency Coordination Center Brian developed and maintains the Emergency Coordination Center Operations Guide 1 Kimberly Behymer has been with Kent Emergency Management for five years. Her duties include staff support to the ECC and assisting with overall maintenance She also developed and maintains the Message Center procedures. Both Brian and Kimberly have completed the Emergency Management Professional Development Series training courses. Section 6: Sustainability/Maintainability 1 This project will improve our ability to timely and effectively communicate citywide from the time the system is implemented. The effects of this project will continue well after the grant period. 1 WebEOC will operate on a system owned and maintained by the City of Kent. The licenses are a one time purchase and do not require an annual fee. 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SUMMARY STATEMENT: Authorize the Mayor to enter into an agreement with ECS Innovative Solutions to furnish and install Correctional Facility Control System Replacement in the amount of$270,207, upon final terms and conditions acceptable to the City Attorney's Office. Two proposals were received to furnish and install a Detention Control System at the City's Corrections Facility A committee consisting of City staff from Facilities, Corrections, and Information Technology reviewed the proposals and selected ECS Innovative Solutions. The new system will include CCTV video upgrades, a new card reader for employees to enter exterior entryway, and the Fire alarm system will be upgraded 3. EXHIBITS: Agreement 4. REC01IMENDED BY: Public Safety (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D PARKS, RECREATION AND COMMUNITY SERVICES Lori Hogan, Acting Director 4^,40�As�� Phone- 253-856-5100 Fax: 253-856-6050 KENO WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: July 20, 2006 TO: Kent City Council Public Safety Committee FROM: Charlie Lindsey, Superintendent of Facilities THROUGH: Lori Hogan, Acting Director of Parks, Recreation and Community Services SUBJECT: City of Kent Correctional Facility Control System Replacement - Approve IMOTION: Authorize the Mayor to enter an agreement with ECS Innovative Solutions in the amount of $270,207.00 to furnish and install a detention control system at the Correctional Facility. SUMMARY: A Request for Proposals was advertised on the city's website and two proposals were received A committee consisting of city staff from Facilities, Corrections and Information Technology reviewed both proposals and selected ECS Innovative Solutions to furnish and install a detention control system for the Corrections Facility. The new system will include CCTV video upgrades, a new card reader for employees to enter exterior entryways, and an upgraded fire alarm system. EXHIBITS: Agreement with ECS Innovative Solutions BUDGET IMPACT: Budgeted $270,207.00 impacts Facilities Capital Project expense account no. F20025. I City of Kent Request for Proposal Summary Project: Correctional Facility Control System Replacement Project Date: January 23,2006 No. Company Amount 1. ECS Innovative Solutions $270,207.00, plus WSST 2. Technical Systems Inc $287,993, plus WSST j - - ` -`---'-- al W--I M -- INNOVATIVE SOLUTIONS s 2702 N. Perry ■ Spokane, Washington 99207 Phone (509) 483-6215 Fax (509) 483-5102 DATE: 5131106 PROJECT: City of Kent Correctional Facility Control System Replacement PROPOSAL: ECS shall furnish and install NET PRICE: $270,207 00 plus applicable taxes. REMARKS 1. This proposal includes the Installation of wire and cables. 2. Prices indicated includes devices, programming, drawings, freight, Installation and terminations, start-up, owner training and a one year warranty. The Terms and Conditions of Sales shown on the reverse are a part hereof. NET 30 DAYS. PROPOSAL ACCEPTED: ENGINEERED CONTROL SYSTEMS SUBMITTED BY: BOB ELLIS PRESIDENT SYSTEMS PRODUCTS MANAGER BY: TITLE: DATE: _ �y ENGINEERED CONTROL SYSTEMS,INC. 1 Licenses WA# ENGINCS055DM, IDA 12844-5-4(8,4n, OR.$ 0118365 TERMS AND CONDITIONS OF SALE (CONTRACT SALES) 1. REMITTANCES All invoices shall be due and payable upon receipt in United States currency,free of exchange,collection, or any other charges,or as otherwise agreed upon and set forth in writing by ENGINEERED CONTROL SYSTEMS (hereinafter called "Seller") The Customer,if so requested agrees to furnish Seller with all information including financial statements,necessary to make a proper credit appraisal Refusal to supply such information may cause this proposal to be withdrawn Terms of payment originally granted are subject to the approval of continued credit status Prices are subject to correction for error 2. PROPOSALS Proposals are based upon strarghl-hme labor Any request by the Customer for overtime work shall be considered an extra This Proposal expires 30 days after its date,subject to the provisions of the first sentence of the paragraph below entitled "Acceptance of Terms" 3. PROGRESS PAYMENTS Seller reserves the right to invoice Customer monthly as the work progresses for all materials delivered to the job site or to an off sit facility and for all work performed on-site and off-site Engineering,drafting and other mobilization costs incurred pnor to installation shall be included in Sellers initial invoice and be equal to fifteen percent(15%)of the contract price. Invoices are due upon receipt by Customer If the Customer becomes overdue in any progress payment,Seller shall be entitled to suspend work,shall be entitled to interest at me annual rate of 18%or the maximum permitted by the State of Washington and also to avail itself of any other legal remedies Seller shall also be entitled to interest on all amounts retained by Customer from progress payments or otherwise Customer agrees that he will pay andlor reimburse Seller for any and all reasonable attorney's fees which are incurred by Seller in the collection of amounts due and payable hereunder 4, CANCELLATION AND SUSPENSION Any contract resulting from this proposal is subject to cancellation or instructions to suspend work by the Customer only upon agreement to pay Seller adjustment charge 5. TAXES The amount of any future sales,use,occupancy,excise,or other tax,federal,state,or local which Seller hereafter shalt be obligated legally to pay,either on its own behalf or on behalf of the Customer or otherwise,with respect to the matenal covered by this proposal shall be added to such prices and paid by the Customer 6 LOSS DAMAGE OR DELAY Seller shall not be liable for any loss,damage,or delay occasioned by any cause beyond Seller's control,including but not limited to govemmental actions or orders,embargoes,strikes,differences with workmen fires,floods, accidents,or transportation delays IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES 7 WARRANTY Seller warrants that the equipment manufactured and services furnished by it and covered by this proposal are free from defects in matenal and workmanship under normal use and service and without charge,equipment to be so defective in matenal or workmanship will be repaired or replaced,if wntten notice of failure is received by Seller within one(1)year after date of installation, provided said equipment has been operated in accordance with Seller's instructions and provided such defects are not due to abuse, fire or decomposition by chemical or galvanic action THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES,GUARANTEES,OR REPRESENTATIONS,EXPRESS OR IMPLIED THERE ARE NOT IMPLIED WARRANTIES OR MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE Seller assumes no responsibility of repairs made on Seller's equipment unless done by Seller's authonzed personnel,or by written authority from Seiler Seiler makes no guarantee with respect to material not manufactured by it 8. PURCHASER'S REMEDIES The Customer's remedies with respect to equipment found to be defective in matenal or workmanship shall be limited exclusively to the right or repair or replacement of such defective equipment IN NO EVENT SHALL SELLER BE LIABLE FOR CLAIMS(BASED UPON BREACH OR IMPLIED WARRANTY)FOR ANY OTHER DAMAGES,WHETHER DIRECT,IMMEDIATE,FORESEEABLE.CONSEQUENTIAL,OR SPECIAL OR FOR ANY EXPENSES INCURRED BY REASON OF THE USE OR MISUSE OF EQUIPMENT WHICH DOES OR DOES NOT CONFORM TO THE TERMS AND CONDITIONS OF ANY CONTRACT RESULTING FROM THIS PROPOSAL 9 PATENT INFRINGEMENT Seller will hold its Customer and the Owner harmless from infringement of any United States patent covering equipment of its manufacture This,of necessity,is limited to the equipment per se and cannot be extended to applications of such equipment in a system,except in writing by an officer of Seller The Customer and Owner shall advise Seller immediately in the event any claims of infringement are brought to their attention 10. GOVERNING LAW Any contract resulting from this proposal shall be governed by,construed,and enforced in accordance with the taws of the State of Washington 11 CERTIFICATION The person whose signature appears on the fact side hereof hereby certifies that,to his best knowledge and belief,the annexed bid is not the result of any agreement,arrangement or understanding between the Seller and any other manufacturer or Seller of automatic temperature control systems and that the pnces,terms or conditions thereof have not been communicated by or on behalf of the Seller to any such person and will not be communicated to any such person pnor to the official opening of said bid 12. ACCEPTANCE OF TERMS This proposal shall become a binding contract between the Customer and Seller when accepted in writing by the Customer and when subsequently approved in witting hereon by ENGINEERED CONTROL SYSTEMS or by our written acceptance of your purchase order by ENGINEERED CONTROL SYSTEMS Such acceptance shall be with the mutual understanding that the terms and conditions of this proposal are a part thereof with the same effect as though signed by both parties named herein and shall prevail over any inconsistent provision of said order No waiver,afteretion,or modification of the terms and conditions on this and the face side hereof shall be binding unless in writing and signed by and authorized representative of ENGINEERED CONTROL SYSTEMS ENGINEERED CONTROL SYSTEMS,INC. 2 Licenses WA# ENGINCS055DM, 101 12844-B-4(8,47). OR,# 0118365 - � - - - - I INNOVAT/VE SO�_UT10 NS May 31, 2006 City of Kent- Parks, Recreation, & Community Services Att, Mr. Michael Hattrup Re, Proposal to Replace Detention Security Control and Monitoring System at CKCF Dear Mr Hattrup: Thank you for you and your stafrs time when we toured your facility and reviewed the condition and operation of the City of Kent Correctional Facility. We value our correctional customers, especially those in our backyards, and strive to provide the most reliable and usable systems possible. ECS is a Correctional Systems integrator, specializing in the design and application of high-tech security solutions to the modem Correctional facility We focus on the western half of the country, with projects ranging in locations from the Island of Guam to Barrow,Alaska in the Arctic, and varying in size from $10,000 to $7,000,000. ECS features a factory-trained staff of 27 engineers, technicians, and support personnel, and is the only correctional integrator in the West with its own UL-Listed Panel Fabrication Shop In the last number of years, we have seen a significant shift in projects from providing and installing security electronics in new facilities such as projects for the State at Walla Walla, to approximately 50% of our work now involved in retrofitting existing, operating facilities like yours Current retrofit projects include remodeling $5 million protects like Multnomah County's high-rise tail in Portland, to smaller jail facilities such as the Sunnyside Police Station for$150,000. Other completed retrofit projects include customers such as Grant County, Ferry County, Snohomish County, Kitsap County, and Lewis County, all of which were operating, occupied facilities. 1 Detention Control System: Under this proposal, ECS will replace the existing detention control and intercom head-end systems with a new, PLC-based touchscreen system, identical to the projects listed above and which is the standard for the States of Alaska and Washington. The PLC's (Programmable Logic Controller)will be the Square D/Modicon family of industrial controllers, the same robust controllers as used in power plants and nuclear facilities. Two new LCD touchscreen workstations would be installed in Central Control as operator interfaces,with either workstation capable of operating independently of the other This provides redundancy, plus, in the event of a crisis, one operator could focus on the crisis area while the other continues the operating and monitoring of the rest of the facility. With these workstations,the operator has full access to all door control, intercom, CCTV video, lighting control, inmate j phone control, elevator control, and alarm monitoring such as generator, doors, ■ evidence rooms, and duress, in an easy-to-use, integrated control package. Additional touchpanel workstations will be installed at the Lobby Window and Booking Department locations, with each touchpanel able to control local doors and intercom stations. When not in use, or in an emergency duress situation, control of these local points can be transferred to Central Control. I ENGINEERED CONTROL SYSTEMS,INC. 2702 North Perry . Spokane WA ' 99207 ` (509)493-6216 ' FAX (509)483-5102 Licenses WA# ENGINCS055DM, ID.# 12844-B-4(8,47), OR.# 0110365 2. Intercom System: The intercom amplifiers and associated switching relays would be replaced with new, modern amplifiers and controllers. Each workstation can independently receive Intercom calls, or initiate calls to remote intercom stations, with each point Integrated with Its associated door for ease and speed of selection The existing intercom stations and field wrong would be re-used, and assumed to be in good working condition Audio threshold alarms would be added to the five Dayrooms, to allow for automatic alarm annunciation and camera call-up in the event of the area noise exceeding a calibrated threshold level The intercom call buttons in one cell in each Housing Unit would Lie lowered tomeet ADA requirements. 3. CCTV Video Upgrades: A new Vicon video matrix switcher will be provided for the control of video signals, with capability of growth to handle all of your future expansion needs. The CCTV system will be integrated with the touchscreen/PLC system, so that events, such as door or intercom selection, or alarm responses, will automatically bring up the associated cameras for that location Each workstation in Central Control will have a 20" LCD flatscreen monitors with quad screen splitter, to allow for the simultaneous viewing of 4 images on each monitor, selectable by the operator A third flatscreen monitor will be provided to allow for additional surveillance as needed. A 16-channel DVR(Digital Video Recorder) will be supplied to provide continuous recording of 9 fixed Owner-selected cameras, typically Dayrooms and other such locations, and 7 cameras selectable by the Control Room operator from the touchscreen on an as-needed basis The DVR shall be capable of being tied into the City Ethernet LAN to allow for remote viewing at desktop PC's. New fixed color cameras will be installed in the 5 Dayrooms, 1 Holding Cell, Vehicle Sallyport, and the Outdoor Recreation Yard to provide near 100% coverage of the areas. The cameras will have housings appropriate for the intended location's environment. The 4 existing Annex cameras will be tied into the system over an existing fiber provided through the City's fiber backbone 4. Access Control System: A new card reader will be installed at the first floor extenor entryway to allow for entry by CKCF employees, without having to interrupt Control Room operations The system shall consist of a reader matching the existing City's system and cards, and a new door controller and software to be installed on a City-provided PC. As provided, the system is infinitely expandable, and is capable of running a system the size of Seattle. 5 Fire Alarm System: The existing EST fire alarm system shall be connected to the touchscreen system for annunciation purposes Any fire alarm generated by the EST panel will show up on the touchscreen in a graphical fashion, thereby showing the exact location of the alarm on a floor plan layout. This permits the operator to immediately and intuitively understand the location and nature of the alarm. Additionally, an EST smoke or heat detector will be added to the WR restroom and connected to the EST panel to provide annunciation and alarming for that location As ECS is a certified EST partner, we will take care of the installation, connection, and programming of the system to accommodate the changes. it wit( be necessary for the City to verify the availability of the program disk,which was reported by the maintenance staff to be stored in the panel- 2 ENGINEERED CONTROL SYSTEMS,INC. 2702 North Perry ' Spokane WA ' 99207 ' (509)483-6215 ' FAX (509)483-5102 Licenses WA# ENGINCS055DM, ID# 128"8 4(8,4T), OR# 0118365 i The existing Central Control Room consoles should be remodeled, partially to accommodate the new workstations, but more Importantly, to improve the operation of the area. With the new system, ergonomics can be improved to reduce operator fatigue and physical stress, visual sightlines of the corridors outside will be enhanced, and the space can be better utilized due to the smaller space requirements of the system. We would suggest that the existing consoles be replaced with new modern cabinetry, which would allow for the recessed mounting of the LCD touchscreens and monitors and provide for a more efficient layout It is envisioned that the County provide and install the new cabinetry, as you should be able to procure the work locally, if not with your own forces, and at a better cost. ECS will assist with the development and design of the new Control Room layout, and if need be, can procure the cabinetry, although at additional cost. Any existing non-security components, such as PC's and radio systems, would have to be relocated to the new consoles by the County ECS would be responsible for the removal of the security electronics from the existing consoles, and installation of the new security components in the new cabinetry The County would be responsible for the removal of the existing consoles With this approach, the County will have a more efficient layout, with the ability to expand without impacting space and existing workloads. Every effort will be made to keep the system downtime to a minimum, and reduce the impact to the operation of the facility. The system shall be pre-manufactured and thoroughly tested in our facility At the completion of our testing, you and your staff are invited to review and test the system in our facility, and provide input as to desired changes, as you know and understand the functioning of your facility better than anyone else. After completion of the changes, the system shall be certified to UL standards, and receive its UL listing. At that point, the system is carefully packaged and shipped to the jobsite for installation. The system will be pre-installed as much as possible, and started up, with labor to install the touchscreen in a temporary location until the physical control room modifications are completed Each component will be transferred over, one at a time, to the new system, until the transfer is complete. At that point, the existing consoles will be demolished and the new cabinetry installed Then the touchscreens will be relocated into their permanent location, Owner training completed, and maintenance documentation and as-built drawings submitted to complete the installation. Thank you for your consideration of our proposal, and if required, a second demonstration of the system can be provided on-site for your staff review and education. Please call this office at your earliest convenience if you should have any questions, and again, thank you and we look forward to working with you. Sincerely, Bob Ellis President, Engineered Control Systems bob(cDecs-systems corn 3 ENGINEERED CONTROL SYSTEMS,INC. 2702 North Perry • Spokane WA ' 99207 • (509)483-6215 . FAX (509)483-5102 Licenses WA 9 ENGINCSQSSDM, ID# 12844-B-4(8,47). OR.# 0118365 rKent City Council Meeting Date August 15, 2006 Category Consent Calendar 1. SUBJECT: KIDDE FIRE TRAINERS LEASE AGREEMENT RENEWAL — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the renewal facility space Lease Agreement with Kidde Fire Trainers, which has been changed from a yearly lease to a month-to-month lease. This is a renewal of a Lease Agreement with Kidde Fire Trainers (formally Symtron Systems, Inc) which have been leasing office space from the Kent Fire Department since November 2001. This agreement has improved Kidde's response times for repairs and maintenance on our training tower burn simulators. This Lease Agreement has been reviewed and approved by the City Attorney's Office. 3. EXHIBITS: Lease Agreement 4. RECOMMENDED BY: Public Safety Committee 8/8/06 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure' _ Revenue? $1,200 Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION. ACTION: Council Agenda Item No. 6E LEASE AGREEMENT BETWEEN THE CITY OF KENT AND KIDDE FIRE TRAINERS, INC. 1. PARTIES This Lease is entered into on January 1,2007,by and between the CITY OF KENT, a Washington municipal corporation ("Landlord"), and KIDDE FIRE TRAINERS, INC., a New Jersey corporation ("Tenant"). 2. PREMISES. In consideration of the rents and covenants, and under the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord that certain space(the "Premises") containing approximately fifty (50) square feet of net leasable floor area, all as shown on Exhibit A attached and incorporated by this reference. The Premises constitute a portion of a building (the "Building") located at 24611 116`� Ave SE, Kent, Washington. 3. COMMON AREAS. The following areas adjacent to or located in or on the Premises, Building or Land shall constitute common areas available for Tenant's non-exclusive use including without limitation walkways,hallways, stairways,driveways,lavatories,janitorial rooms, mechanical rooms,electrical rooms, landscaped areas and grounds,parking areas,and all other areas used in common by the tenants of the Building, Landlord, and invitees and employees of Tenant. All common areas shall be subject to Landlord's management and control and shall be operated and maintained in such manner as Landlord, in its reasonable discretion, shall determine. 4. LEASE TERM AND COMMENCEMENT DATE. This Lease shall be for an indefinite period of time commencing on January 1, 2007 (the "Commencement Date") and continuing as a month-to-month tenancy Such tenancy shall be terminated upon sixty (60) days advance written notice as provided in section 20 1. 5. RENT. 5.1 Monthly Rent and Leasehold Tax. Tenant agrees to pay Landlord as rent, without notice or demand, the sum of One Hundred and 00/100 Dollars (S100) per month, plus leasehold tax, if required by law,at a rate established by the State of Washington,currently 12 84%; ("Monthly Rent"),in advance, on or before the first day of the first full calendar month of the term hereof and a like sum on or before the first day of each and every successive calendar month thereafter during the term hereof Monthly Rent for any period during the term hereof which is for less than one month shall be a prorated portion of the Monthly Rent herein, based upon a thirty(30) day month All Monthly Rent shall be mailed to City of Kent Fire Department, 24611 116 Ave SE, Kent, Washington 98030, without deduction or offset to lawful money of the United States of America, or to such other persons or at such other place as Landlord may from time to time designate in writing. 5.2 CPI Increase. The Monthly Rent shall increase on January I"of each year by an amount equal to the percentage increase in the Consumer Price Index for Seattle-Tacoma- Bremerton (All Urban Consumers), June to June, (the "CPI") LEASE AGREEMENT- 1 5.3 Overdue Rent. Unpaid installments of the Monthly Rent shall be subject to a late charge of fifty and 00/100 dollars (S50 00) to cover the excess costs of administration Tenant hereby further agrees to pay any attorneys' fees and expenses incurred by Landlord by reason of Tenant's failure to pay Monthly Rent or other charges when due hereunder. Acceptance by Landlord of partial payment of Monthly Rent and/or interest thereon shall not constitute a waiver of any remaining unpaid Monthly Rent and/or interest. 6. USE OF PREMISES. Tenant's use and occupancy of the Premises shall be for general office uses and for no other business or purpose, without the prior written consent of Landlord. 6.1 Use. Tenant shall conduct and carry on in the Premises,continuously during each and every business day of the Lease term, the business for which the Premises are leased, and shall not use the Premises for any illegal purpose. Tenant shall not commit or allow to be committed any waste in or upon the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building. 6.2 Compliance With Law. Tenant shall not use or permit the use of the Premises in any way in conflict with any law or governmental rule Tenant shall, at its sole cost, promptly comply with all such laws and governmental rules and with the requirements of any board of fire underwriters OR other similar bodies now or hereafter constituted relating to the condition, use or occupancy of the Premises only The judgment of any court of competent junsdiction or the admission of Tenant in any action against Tenant that Tenant has violated any law or governmental rule, whether or not Landlord is a party, shall be conclusive of the fact as between Landlord and Tenant. 7. ALTERATIONS AND ADDITIONS. Tenant shall not make or allow to be made any alterations, improvements, or changes to or of the Premises, or any part thereof, without the prior written consent of Landlord, and all improvements,alterations,or changes so made shall be at Tenant's expense and shall belong to Landlord upon expiration or sooner termination of this Lease. 8. MAINTENANCE AND REPAIRS. 8.1 Tenant's Obligations. By taking possession of the Premises,Tenant shall be deemed to have accepted the Premises as being clean and in good order, condition, and repair. Tenant shall, at Tenant's expense, keep the Premises and every part thereof in good condition and repair Tenant shall,upon the expiration or sooner termination of this Lease,surrender the Premises to Landlord in good condition, broom clean, excepting only ordinary wear and tear and destruction or damage by such conditions over which Tenant has no control,or such damage as may be due to the failure of Landlord to comply with any covenant herein contained to be performed by Landlord. Damage caused by Tenant's use of the Premises shall be repaired at the sole cost and expense of Tenant. 8.2 Landlord's Obligations. Landlord shall, at Landlord's expense, repair and maintain the structural portions of the Building There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations, or improvements in or to any portion of the Building or the ' LEASE AGREEMENT-2 Premises or in or to fixtures, appurtenances, and equipment if Landlord shall have taken every reasonable measure to avoid any such injury and interference. 9. LIENS. Tenant shall keep the Premises,Tenant's leasehold interest therein,and the Building and Land on which the Premises are situated free from any liens arising out of any work performed, materials furnished, or obligations incurred by Tenant 10. INSURANCE&INDEMNIFICATION. Tenant shall procure and maintain for the duration of the Agreement, insurance for the Premises of the types and in the amounts described in Exhibit B attached and incorporated by this reference. In addition,Tenant shall defend,indemnify, and hold Landlord,its officers, officials,employees,agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees,arising out of or in connection with Tenant's performance of this Lease and its use of the Premises, Building, and Land, except for that portion of the injuries and damages caused by Landlord's sole negligence. Tenant hereby assumes all risk of damage to property or injury to persons in, upon, or about the Premises from any cause other than the negligence of Landlord,and Tenant hereby waives all claims in respect thereof against Landlord. The provisions of this section shall survive the expiration or termination of this Lease 11. SERVICES AND UTILITIES. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during the hours of7.00 A.M to 6 00 P M on generally recognized business days, and during non-business hours and non-business days on an access and override basis, and subject to the reasonable rules and regulations of the Building of which the Premises are a part, the following services (a) electricity for normal lighting and routine office machines, (b) heat and air conditioning required in Landlord's reasonable judgment for the comfortable use and occupation of the Premises, (c) janitorial services unless Tenant advises Landlord of Tenant's desire to provide its own janitorial services, and (d) water in quantities reasonably used by Tenant Landlord shall also maintain and keep lighted the common stairs, common entries, and toilet rooms in the Budding of which the Premises area part Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of Rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts, or other labor disturbances or labor disputes of any character, or by any other cause,similar or dissimilar, beyond the reasonable control of Landlord Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing,except to the extent such loss or injury is directly caused by Landlord. Wherever heat generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including machines which require electricity in excess of that normally used by office machines such as photocopiers and personal computers,which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as office space, not connect with electric current except through existing electrical outlets in the Premises as agreed to by the parties, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space,Tenant shall first procure the written consent of Landlord,which consent shall LEASE AGREEMENT-3 not be unreasonably withheld,to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the excess amount of water and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord, for all such water and electric current consumed as shown by said meters, at the rate charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer. 12. ENTRY BY LANDLORD. At any and all reasonable times during regular business hours,upon one (1) day's prior notice to Tenant, Landlord reserves and shall have the right to enter the Premises to inspect the same a reasonable number of times,to submit the Premises to prospective purchasers or tenants, to repair the Premises and any portion of the Building that Landlord may deem necessary or desirable,without abatement of Rent, and may for the purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby and further providing that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business or any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby,if Landlord shall have taken every reasonable measure to avoid any such injury, inconvenience or interference. Landlord shall have the right to use any and all means which Landlord may deem proper to open any doors or otherwise obtain access to the Premises in an emergency, without liability to Tenant except for any failure to exercise due care for Tenant's property, and any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be forcible or unlawful entry into a detainer of the Premises or an eviction of Tenant from the Premises or any portion thereof. 13. TENANT'S DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant. 13.1 Abandonment. Tenant vacates or abandons the Premises; 13.2 Failure to Pay Rent. Tenant fails to make any payment of Rent or any other payment required to be made by Tenant hereunder, as and when due, 13.3 Failure to Observe Other Covenants. Tenant fails to observe or perform any of the covenants,conditions,or provisions of this Lease to be observed or performed by Tenant where such failure shall continue for a period of thirty (30) days after written notice thereof by Landlord to Tenant. 13.4 Misrepresentation. Tenant makes or has made or furnishes or has furnished any warranty, representation, or statement to Landlord in connection with this Lease, or any other agreement to which Tenant and Landlord are parties, which is or was false or misleading in any material respect when made or furnished; or 13.5 Failure to Take Possession. Tenant fails to take possession of the Premises when landlord delivers the same by notifying Tenant that the Premises are ready for occupancy. LEASE AGREEMENT-4 14. REMEDIES ON DEFAULT. In the event of any default or breach by Tenant, Landlord may, at any time thereafter with or w ithout notice or demand in the exercise of a right or remedy which Landlord may have by reason of such default or breach, terminate this Lease by written notice to Tenant, revoke Tenant's right to any free Rent, reenter and take possession of the Premises without termination of this Lease,or pursue any remedy allowed bylaw Tenant agrees to pay Landlord the cost of recovering possession of the Premises, the expense of re-letting, and any other costs or damages arising out of Tenant's default including, without limitation, the costs of removing persons and property from the Premises,the costs of repairing or altering the Premises for re-letting,brokers'commissions, and legal expenses and fees Notwithstanding any termination,re- entry, or re-letting. the liability of Tenant for the Rent for the balance of the term of this Lease shall not be extinguished and Tenant shall pay and Landlord may recover from Tenant at the time of termination, re-entry, or re-letting, the excess, if any, of the amount of the Rent reserved to this Lease for the balance of the term hereof over the then reasonable rental value of the Premises for the same period. "Reasonable rental value" shall mean the amount of rental which Landlord does or could reasonably be expected to obtain as rent for the remaining balance of the Lease term In the event that Landlord relets the Premises or any part thereof without first terminating Tenant's right to possession pursuant to this Lease, Landlord reserves the right, at any time thereafter, to elect to terminate Tenant's right to possession to that portion of the Premises for the default that originally resulted in the relettmg. 14.1 Remedies Cumulative. The remedies hereinafter described shall be cumulative and Landlord shall be entitled to pursue any other remedy now or hereafter available to Landlord under the law or judicial decisions of the State of Washington. 14.2 Removal of Personal Property. In the event of a retaking of possession of the Premises by Landlord, Tenant shall remove all personal property located thereon and upon failure to do so upon demand of Landlord, Landlord may remove and store the same in any place selected by Landlord, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord may sell any or all of such property at a public or private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the payment of the charges for storage, if any, and thirdly to the payment of any other sums of money which may be due from Tenant to Landlord under the terms of this Lease, and the balance,if any,to Tenant Tenant hereby waives all claims for damages that maybe caused by Landlord's lawfully re- entering and taking possession of the Premises or lawfully removing and storing the property of Tenant as herein provided and will save Landlord harmless from loss or damages occasioned by Landlord thereby, whether such lawful re-entry shall be considered or construed to be a forcible entry. 15. DAMAGE AND RECONSTRUCTION. Should the Premises be damaged during the term of this Lease, Tenant shall immediately notify Landlord and the rights and responsibilities of Landlord and Tenant shall be as follows. 15.1 Insured Damage. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith commence repair of the same to the extent of insurance proceeds available and this Lease shall remain in full force and effect,except that Tenant shall be entitled to a proportionate reduction of the Monthly Rent from the date of such damage and while such repairs are being made until such repairs are substantially completed, such proportionate reduction to be based upon the extent to which the damage and LEASE AGREEMENT-5 making of such repairs shall unreasonably interfere with the business carried on b Tenant in the P Y Y Premises If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent. 15.2 Other Damage. In the event the Premises are damaged as the result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith commence repair of the same, provided the extent of the destruction is less than ten percent(10%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to an extent of ten percent (10%) or more of the full replacement cost, then Landlord shall have the option (a) to repair or restore such damage, this Lease continuing in full force and effect,but the Monthly Rent shall be proportionately reduced as hereinabove provided as of the date of such damage and while such repairs are being made until such repairs are substantially completed, or(b)to give notice to Tenant at any time within sixty(60)days after such damage,terminating this Lease as of the date specified by Landlord. 15.3 Damage to Tenant's Property. Landlord shall not be required to repair any injury or damage by fire or other cause or to make any repairs or replacements of any leasehold improvements, fixtures, or other personal property of Tenant, unless such damage shall have occurred as a result of the gross negligence of Landlord. 16. EMINENT DOMAIN. If the whole of the Premises (or the whole or part of the Building)shall be acquired or condemned by eminent domain for any public or quasi-public use,or if a part of the Premises is so taken so that the Premises are rendered unsuitable for the business of Tenant, then the term of this Lease shall terminate as of the date title or possession shall be transferred in such proceeding, whichever shall occur first In the event of a partial taking or condemnation which is not extensive enough to render the Premises unsuitable for the business of Tenant, then Landlord shall restore the Premises to a condition comparable to its condition immediately prior to such taking less the portion lost in the taking, and this Lease shall continue in full force and effect provided.however,that the Monthly Rent and Additional Rent shall abate in the same ratio that the portion of the Premises so taken bears to the whole of the Premises Landlord shall have the right to receive the compensation of damages awarded upon either such total or partial taking and Tenant shall have no claim thereto; provided that Tenant may independently pursue an award or compensation to Tenant for the taking of Tenant's personal property or fixtures or for the interruption of or damage to Tenant's business and for any other interest of Tenant. 17. TENANT SIGNS. No signage shall be installed on the Premises or Building by Tenant. 18. SUBORDINATION AND MODIFICATION BY LENDER. Tenant agrees that this Lease shall be subordinate to any mortgage or deed of trust that may hereafter be placed upon the Premises or the Building and to any and all advances to be made thereunder, to the interest thereon, and all renewals, replacements, and extensions thereof, provided, the mortgagee or trustee named in such mortgage or deed of trust shall agree in writing to recognize the Lease of Tenant in the event of foreclosure, if Tenant is not in default. In the event any mortgagee or trustee elects to have the Lease a prior lien to its mortgage or deed of trust,then in such event,upon such mortgagee or trustee notifying Tenant to that effect, this Lease shall be deemed prior in lien to the said mortgage or deed of trust whether or not this Lease is dated prior to or subsequent to the date of said mortgage or trust deed. Within fifteen (15) days of presentation, Tenant agrees to execute any documents which such mortgagee or trustee may require to effectuate the provisions of this LEASE AGREEMENT-6 paragraph. Tenant further agrees that, if in connection with obtaining financing for the Land, Building. or Premises, a lender shall request modification of this Lease as a condition to such financing, Tenant shall not withhold, delay or defer its consent thereto, provided that such modifications do not increase the financial obligations of Tenant hereunder or materially adversely Iaffect the leasehold interest hereby created 19. TENANT'S STATEMENT. Tenant shall at any time and from time to time upon not less than three(3)days' prior written notice from Landlord execute,acknowledge,and deliver to Landlord a statement in writing (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) and the date to which the rental and other charges are paid in advance,if any,and(b)acknowledging that there are,to Tenant's knowledge,no uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and(c) setting forth the Commencement Date and Termination Date of the term hereof Any such statement may be relied upon by any prospective purchaser or encumbrancer of the Land, Building, or Premises. 20. GENERAL PROVISIONS. Landlord and Tenant agree to the following general provisions: 20.1 Termination. This Agreement may be terminated by either party upon it providing the other party with 60 days advance written notice of such termination,or at any time by mutual written agreement of the parties. 20.2 Assignment. This Lease may not be assigned, let, or sublet, in whole or in part without the written consent of Landlord 20.3 Waiver. The waiver by Landlord of any term,covenant,or condition herein contained shall not be deemed to be the waiver of such term, covenant, or condition upon any subsequent breach of the same or of any other term, covenant, or condition herein contained The subsequent acceptance of Rent hereunder by Landlord shall not be deemed to be a waiver of any preceding default by Tenant of any term, covenant, or condition of this Lease other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding default at the time of the acceptance of such Rent. 20.4 Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor. 20.5 Paragraph Headings. The paragraph headings of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof. 20.6 Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to bind the heirs, successors, executors, administrators, and assigns of the parties hereto 20.7 Recordation. Neither Landlord nor Tenant shall record this Lease, but a short form memorandum hereof may be recorded at the request of Landlord. 20.8 Quiet Possession. Upon Tenant paying the Rent reserved hereunder and performing all of the covenants, conditions, and provisions on Tenant's part to be observed and LEASE AGREEMENT-7 performed hereunder,Tenant shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Lease The Premises are leased subject to any and all existing encumbrances,conditions, rights, covenants,easements.restrictions,rights-of-way,and any matters of record,applicable zoning and building laws,and such matters as may be disclosed by inspection or survey. 20.9 Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. No provision of this Lease may be amended or added to except by agreement in writing signed by the parties hereto or their respective successors in interest This Lease shall not be effective or binding upon any party until fully executed by both parties hereto 20.10 Inability to Perform. The time period within which any party is to fulfill an obligation under this Lease shall be extended by such time period during which the party was unable to fulfill that obligation, or was delayed in doing so, if that inability or delay was caused by reason of strike,labor troubles,acts of God,or any other cause beyond the reasonable control of such party 20.11 Partial Invalidity. Any provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provision shall remain in full force and effect. 20.12 Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall whenever possible be cumulative with all other remedies at law or in equity 20.13 Choice of Law. The laws of the State of Washington shall govern this Lease. The parties agree that venue for any action hereunder shall properly lie in King County,Washington 20.14 Execution. This Lease may be executed in several counterparts, each of which shall be deemed an original instrument. 20.15 Notices. All notices to be given hereunder shall be in writing and shall be personally delivered and receipt acknowledged, sent by United States certified mail, return receipt requested, sent by facsimile, with original delivered within three (3) days, or sent by overnight delivery through public or private service,delivery charge prepaid,and addressed to the party at the respective mailing address as herein set forth. To Landlord at- To Tenant at: Rudy Leon Kent Fire Department Kidde FireTrainers 24611 1661h Ave SE 17 Philips Parkway Kent, WA 98032 Montvale, NJ 07645 It is understood that each party may change the address to which notice may be sent by giving a written notice of such change to the other party hereto in the manner herein provided. 20.16 Tenant's Corporate Authority. Tenant is a New Jersey corporation, and each individual executing this Lease on behalf of said corporation represents and warrants that he or she is duty authorized to execute and deliver this Lease on behalf of said corporation, in accordance LEASE AGREEMENT-8 with a duly adopted resolution of the board of directors of said corporation or in accordance with the bylaws of said corporation, and that this Lease is binding upon said corporation in accordance with its terms. Tenant further represents and warrants that it is fully registered and qualified to do business in the State of Washington. 20.17 Landlord's Authority. Landlord is a Washington municipal corporation,and each individual executing this Lease on behalf of said corporation represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with the provisions of such agreement as governs said corporation, and that this Lease is binding upon said corporation in accordance with its terms Landlord further represents and warrants that it is fully registered and qualified to do business in the State of Washington 20.18 Limited Partnership. It is understood and agreed that any claims by Tenant on Landlord shall be limited to the assets of the limited partnership. 20.19 Measurement Standard. All measurements of area to be made under this Lease shall be completed pursuant to the standards promulgated by the Building Owners and Managers Association ("BOMA"). 21. CONTINGENCIES. Landlord and Tenant's obligations hereunder shall be contingent upon and subject to the mutual satisfaction of the following matters,on or before the date set forth herembelow: IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. TENANT LANDLORD IBy. By: Its• Its Date: Date: 1 t LEASE AGREEMENT-9 EXHIBIT B INSURANCE & INDEMNITY REQUIREMENTS FOR STANDARD LEASES Insurance The Lessee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased Premises. A. Minimum Scope of Insurance Lessee shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 2. Property insurance shall be written on an all risk basis. B. Minimum Amounts of Insurance Lessee shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate 2. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance i EXHIBIT B (Continued) I. The Lessee's insurance coverage shall be primary insurance as respect the City Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Lessee's insurance and shall not contribute with it. 2. The Lessee's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A VII E. Verification of Coverage Lessee shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily hmited to the additional insured endorsement, evidencing the insurance requirements of the Lessee F. Waiver of Subrogation Lessee and Landlord hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building This release shall apply only to the extent that such claim, loss or liability is covered by insurance. G. Landlord's Property Insurance Landlord shall purchase and maintain during the term of the lease all-risk property insurance covering the Building for their full replacement value without any coinsurance provisions. 1 T Kent City Council Meeting Date August 15, 2006 Category Consent Calendar 1. SUBJECT: LOCAL TRIAL COURT IMPROVEMENT ACCOUNT, MUNICIPAL JUDGE SALARY ADJUSTMENT —APPROVE 2. SUMMARY STATEMENT: Direct staff to participate in the Local Trial Court Improvement Account program offered through the State of Washington and amend the 2006 budget to increase the elected municipal Judge salaries to $9,950 per month, beginning September 1, 2006 Adoption of this motion will allow the City to become eligible for additional municipal court funding once the City increases its municipal Judge salaries to no less than 90% of the salary for District Court Judges, as established by the state Salary Commission Enacting this salary increase, which is in line with the 2007 projected COLA for City employees, will generate additional funds for municipal court purposes. Current direction is to hold and accumulate these funds for later use during Municipal Court relocation or redevelopment. 3. EXHIBITS: July 26, 2006, Memo from Tom Brubaker, City Attorney, to the Operations Committee. 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc) 5. FISCAL IMPACT Expenditures X Revenue? X Currently in the Budget? Yes No-X If no: Unbudgeted Expense: Fund General Fund Amount $2,600 00 Unbudgeted Revenue. Fund General Fund Amount $4,700 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds jDISCUSSION: L ACTION: Connell Agenda Item No. 6F j LAW DEPARTMENT Tom Brubaker, City Attorney . Phone. 253-856-5770 KEN T Fax: 253-856-6770 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 -INFORMATIONAL ITEM ONLY- No Action Required July 26, 2006 To: Operations Committee From: Tom Brubaker, City Attorney [pM Regarding: Local Trial Court Improvement Account - Municipal Judge Salary Adjustment Local Trial Court Improvement Account Municipal Judge Salary Adjustment In 2005, the state legislature passed a law that created a supplemental funding program, the "Local Trial Court Improvement Account," for various courts, including municipal courts, based on the number of full-time and part-time judges filling elected positions in those courts. This year, for example, the Office of the Administrator of the Courts (OAC) is distributing approximately $2.4 million from the Account to qualifying courts. The city's share of this amount for the 2006 calendar year would be approximately $4,700. The 2007 estimated city distribution should be approximately $34,405. AOC reimburses this amount in quarterly installments. Next year, funding for the Account is slated to increase to approximately $6.2 million, and the city's share could be expected to increase accordingly. This money cannot be used to supplant existing court budget allocations. it can only be applied as additional funding in excess of established budgets for 'improvements to the municipal court's staffing, programs, facilities, or services." The city council, however, controls the application and use of these excess funds. The uses to which the council can apply these funds is broad-based and can be assigned to new or unexpected needs as they occur. In particular, the council could, for example, apply these funds toward court facility expansion, renovation, or relocation, any of which could occur in the near future because the current facility is operating at or beyond its physical capacity. Finally, in order to be eligible to receive these funds, the city must pay its elected Judges at least 95% of the salary established for state district court Judges. The state salary commission sets state district court Judge salaries biennially The city's two elected Judges' current salaries are under this 95% limit The city will have to raise these salaries to meet the 95% minimum beginning September 1, 2006, at which time the city would meet all eligibility requirements to receive funding from the Account. The current monthly salary for each judge is $9620 per month; to meet the 95% minimum requirement, the city would have to raise these salaries to $9950 per month, commencing September 1. The total 2006 salary increase, then, would be $2640, or $1320 Memorandum- July 26,2006 Page 2 per Judge over the four month period from September through December. These salaries would remain at the same level at least until September 1, 2007, when the state salary commission will revisit district court Judge salaries for the next two year period. Although our Judges receive an approximate 3.43% increase in order to meet eligibility requirements to receive Account funds, it is approximately equal to the annual COLA council has provided to the Judges. (The COLA increase for January 1, 2007, for example, is currently estimated at 4% ) When preparing the annual budget, staff will tie the Judges' salaries to the 95% minimum, and will not include COLA increases, unless otherwise directed by council In other words, over the course of the next year, the proposed salary increase will be roughly equivalent to the planned increase from the COLA. BUDGETED ADJUSTED PER JUDGE NET j District Court Judge's Salary 95% of D.0 Salary Kent Judge Kent Judge Adjustment Sept 1, 2006 $10,472 67/mo $9,949.04/mo $9,620/mo $9,950/mo $1,320-4 mo Jan 1, 2007 $10,472 76/mo $9,949.04/mo $10,005/mo $9,950/mo ($660)-12 mo $880 - 1 year Should the city determine to opt out of this program, it can do so at any time. If council should decide to opt out, it would be free to freeze the municipal court Judge salaries, or to increase them at less than the 95% minimum, but the city would also stop receiving funding from the Account Kent City Council Meeting Date August 15, 2006 Category Consent Calendar 1. SUBJECT: HOURLY RATE INCREASE FOR PRO TEM JUDGES AND MAGISTRATES ORDINANCE — ADOPT 1 2. SUMMARY STATEMENT: Adopt Ordinance No. which amends Section 2 34 050 of the Kent City Code, entitled "Municipal Judge Salary— Costs," to increase the hourly rate paid to pro tem judges and magistrates serving at the Kent Municipal Court. 1 3. EXHIBITS: August 1, 2006, memo from Tom Brubaker, City Attorney, to the Operations Committee and ordinance 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) i5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G LAW DEPARTMENT Tom Brubaker, City Attorney Phone- 253-856-5770 KEN T Fax: 253-856-6770 w A 5 H I M G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 August 1, 2006 ITo. Operations Committee From: Tom Brubaker, City Attorney Regarding: Hourly Rate Increase for Pro Tem Judges and Magistrates - Ordinance i MOTION: I move to recommend/not recommend council adopt the proposed ordinance increasing the hourly rate for pro tem judges to $60 per hour and for pro tem magistrates to $40 per hour. SUMMARY: 1 Section 2.34.050 of the Kent City Code currently establishes the hourly rate for pro tem judges assisting the Kent Municipal Court at $50 per hour, $30 per hour for pro tem magistrates. These hourly rates are inconsistent with the market average in jurisdictions surrounding Kent. In order to bring the pro tern hourly rate in line with the market average, city staff desires to increase the hourly rate to $60 per hour for pro tem judges and $40 per hour for pro tem magistrates, which requires an amendment to the Kent City Code. BUDGET IMPACT- Within existing budget. 1 I ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending section 2.34.050 of the Kent City Code, entitled "Municipal judge salary - I Costs," to increase the hourly rate paid to pro tem judges and magistrates serving at the Kent Municipal Court. RECITALS A. Section 2.34.050 of the Kent City Code currently establishes the hourly rate for pro tem judges assisting the Kent Municipal Court at $50 per hour, $30 per hour for pro tem magistrates. These hourly rates are inconsistent with the market average in jurisdictions surrounding Kent. B. In order to bring the pro tem hourly rate in line with the market average, city staff desires to increase the hourly rate to $60 per hour for pro tem judges and $40 per hour for pro tem magistrates, which requires an amendment to the Kent City Code. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, IWASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE ' SECTION 1. - Amendment. Section 2.34.050 of the Kent City Code, entitled "Municipal judge salary - Costs," is amended as follows: 1 Hourly Rate Increase for 1 Pro Tem Judges and Magistrates Sec. 2.34.050. Municipal judge salary - Costs. A. The salary of each full-time or part-time municipal Judge shall be fixed by passage of the ordinance adopting the city's annual budget. If serving an a paq tinge basis er seFving as a pro tem Judge, he or she shall be compensated at the rate of sixtv€i€ty dollars ($6059) per hour; provided, however, that a traffic pro tem magistrate or other pro tem magistrate shall be compensated at the rate of fortyth+r dollars ($3840) per hour. B. All costs of operation of the municipal court, including but not limited to salaries of Judges and court employees, dockets, books of records, forms, furnishings and supplies shall be paid wholly out of the funds of the city. Jurors shall be paid a fee of fifteen dollars ($15) per day and mileage allowance pursuant to RCW 43.03 060. The city shall provide a suitable place for holding court and pay all expenses of maintaining it. SECTION 2. - 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. SECTION 3. - Effective Dare. 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 2 Hourly Rate Increase for Pro Tem Judges and Magistrates APPROVED AS TO FORM: t TOM BRUBAKER, CITY ATTORNEY PASSED: day of August, 2006. APPROVED- day of August, 2006. 1 PUBLISHED: day of August, 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\Civil\ORDINANCE\ProTemludges-HourlyRateincmase doc 3 Hourly Rate Increase for Pro Tem Judges and Magistrates rKent City Council Meeting Date August 15, 2006 Category Consent Calendar 1. SUBJECT: 100TH AVENUE SE SEWER MAIN EXTENSION LATECOMER AGREEMENT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Latecomer Agreement for the 100`h Ave SE Sewer Main Extension between the City of Kent and Harry Singh Bapla, including Exhibits A, B, and C. 1 3. EXHIBITS: Public Works Memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) i5. FISCAL IMPACT Expenditure? _ Revenue? X 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 6H PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • KEN T Phone: 253-856-5500 WASHINGTON Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 1, 2006 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 7, 2006 From: Robert Hankins, Senior Development Engineer Through: Larry Blanchard, Public Works Director / t �2 - ^fit Subject: 100th Ave. SE Sewer Main Extension Latecomer Agreement 1 Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend Council acceptance of the Latecomer Agreement for the 100`h Ave. SE Sewer Main Extension between the City of Kent and Harry Singh Bapla, including Exhibits A, B, and C. Will document be required? ❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract ❑ Policy ❑ SOP's ❑ Other t Governing Policies Procedures Rules & Regulations: RCW Chapter 35.91 Any party tapping into, connecting, or benefiting from constructed sanitary sewer line improvements will Day a pro-rata cost of said line. 1 Background/History: The owner, Harinder Singh Bapla, constructed an 8" sanitary sewer main extension on 100th Ave SE and by doing so, allowed future parcels to be serviced by said sewer system. To compensate Mr Bapla for the cost associated with extending the sanitary sewer line, a latecomer agreement has been created. ' Summary: Harinder Singh Bapla spent $172,291 associated with an 8" sanitary sewer main line extension along 100`h Ave. SE, enabling it to be used to service the surrounding area. Said extension can now be used to service approximately six lots. The Department is requesting that a latecomer agreement be established, requiring affected parcels to pay a pro-rata cost of the sanitary sewer main line extension when tapping, connecting, or benefiting from the extension. Exhibit A reflects a detailed description of the improvements, Exhibit B reflects the associated costs per parcel; and Exhibit C reflects a map of the affected parcels. Recommendations: Council acceptance of the Latecomer Agreement for the 100`h Ave. SE Sewer Main Extension between the City of Kent and Harry Singh Bapla, including Exhibits A, B, and C. P 1PuClrclA~Sup aVrt Cummrt jAchanPage do t AFTER RECORDING RETURN DOCUMENT TO: I Property Management City of Kent 220 4th Avenue South Kent, Washington 98032 Reference Number of Related Document• Grantor(s): Harinder Singh Bapla, as an individual Grantee(s): City of Pent Abbreviated Legal Description: N/A Additional Legal Description is on Page(s) 5 of Document Assessor Tax Parcel No.: 2953000340 STR: 8-22-05 PROJECT NAME: 100`h Ave SE Sewer Main Extension LATECOMER AGREEMENT ' This Agreement made this day of 20_,between the City of Kent, a Municipal Corporation,hereafter called the "City",and Harinder Singh Bapla hereafter called the "Owner" WHEREAS Owner has constructed at its expense an 8"sanitary sewer main,hereafter called "improvements", and, WHEREAS the parties desire to provide that any party thereafter tapping, connecting, or benefiting from said improvements will pay a pro-rata cost of said tune in accordance with Chapter 3591 of the revised Code of Washington and the terns thereof. This notice DOES NOT constitute a lien on the properties described herein and is collectable only when an application is made to connect or tap into the line herein described. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows ' 1. The Owner has constructed improvements for a total cost of$172,291. See Exhibit"A," attached and incorporated herein, for a detailed description of the improvements. Page 1 of 1 . r 2. The Owner does grant and convey the above described improvements to the City free of any liens or encumbrances and the City hereby approves and accepts said improvements (Bill of Sale) which approval and acceptance was authorized by motion duly seconded and passed at a regular City Council meeting on the 18th day of July 2006 . 3. The above referenced improvements constructed by the Owner is a special benefit to the following described property in King County, Washington See Exhibit "B," attached and incorporated herein Boundary Map attached? Yes X No_(See Exhibit C) 4. The Owner constructed the above referenced improvements for a total cost of$ $172,291 of which a portion of this cost shall be distributed to the above described properties. 5. In accordance with Chapter 35.91 of the revised Code of Washington, any party other than the Owner tapping or connecting to said improvements will be required to pay the Owner on the following basis. See Exhibit "B" (cost per parcel) attached and incorporated herein. 6. The City agrees to bear all further costs of maintaining and operating the above referenced improvements. 7. After acceptance of said improvements by the City and after the expiration of any period during which said improvements are warranted as to workmanship by the Owner the City shall thereafter be responsible for any and all maintenance and operation costs of said improvements. Said improvements shall be adopted as a facility of the City and the City may charge such rates as it may be authorized by law to establish. 8. The contract will be effective for fifteen years from the date hereof, and if any owners of any properties described in Paragraph 3 above desire to tap into the improvements, the City will require that payment on behalf of the Owner be made in accordance with Section 5 above, prior to any such tap being made 9. Authorization for this Agreement approved by City Council on the day of 20 Page 2 of 2 IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the Iday and year first above written. OWNER(S) WITNESS (PRINT NAME) Harinder Singh Bapla PRINT NAME) LDATE : DATE : MAKE CHECK PAYABLE TO: Harinder Singh�Bapla MAIL CHECK TO: 9501 S. 207'' Place Kent, WA 98031 (253) 859-3737 rCITY OF KENT 1 By. Print Name: Gary Gill, City Engineer Date: Page 3 of 3 EXHIBIT"A" SANITARY SEWERS: Together with a total of 1 manhole and/or any other , appurtenances thereto. ON FROM TO 100'Ave. SE SE Ex. SSMH (intersection of 100th New SSMH (100`h Ave. SE & SE 2101h Pl) Ave. SE) Including 367 linear feet at of 8"PVC sewer main. MeM .4vE SEwEt AV F;j FX7. • L-4 Page i of I Exhibit B Parcel Number Legal Description Charge 1 0722059036 STRO72205 TAXLOT 36 S 95 FT OF E 1/2 OF NE 1/4 OF NE 1/4 OF NE 1/4 LESS E 20 FT LESS CO RD $28f715.00 2 0722059087 STR 072205 TAX LOT 87 E 1/2 NE1/4 NE 1/4 NE 1/4 STR 07-22-05 EXC S 95 FEET& EXC 20 FT DEEDED TO SNOQUALMIE FALLS POWER CO & EXC PORTIONS WITHIN COUNTY ROADS (S 208TH ST & 100TH AVE SE) & EXC PORTION CONVEYED TO KING CO BY DEED UNDER RECORDING NO. 9701100100 $28,715.00 3 295300320 LOT 54 GUINN CREST #2 $28,715.00 I4 2953000330 LOT 55 GUINN CREST#2 $28,715.00 5 2953000340 LOT 56 GUINN CREST #2 $28 715.00 6 0822059126 STR 082205 TAXLOT 126 BEG AT PT 295 FT S OF NW COR OF NW 1/4 OF NW 1/4 TH S 150 FT TH S 89-06-37 E 125 FT TH N 150 FT TH N 89-06-37 W ' 125 FT TO BEG LESS CO RD $28,715.00 1A%C COA4E.&S AM /00ZZ .911E. S ExvER k1,+iiu S:\Permit\ENG\2006\BAPLA LATECOMER.As EYH ) 3 i T" " C " � S. Zo - - 1LOB04O1/J '•.� ,/fs nf_.s«,.y"" ,�,ri.y,%uau 7 fo!lo Or00 + x '600° _ �'19 O�Ip V B9 ec..a7s- V /02 O i h a a oaf c yyy aor _ _ ,�j s B1 ot•s>E i o "a ,ar• _ o W e /IS p0 V ,.Us • � /2c 5• { o a M 9go°6 N 0 pc• d ,��8�,off° /os» L, Q � 9°�k a e 37 �� O i b o 9 t b O'po to C '`2Ge 7f :,•r �O r i� 0 fir d b O M B9•Se b9 W D 1A q vB a/ ajOV01uo q 9 4 Nit Bsaoo Barra r �:g56o: ��t v IN I, d Asa ' w .S_3 � f� Rc3)1�,- srtY 6L8s I 9V 0 gV Q�10 Oeo r LATE GOMFIZ pARTic-'PAII Fd.� ioo n+ ,4dE SEwEre lt1A''v 1 KENT CITY COUNCIL AGENDAS ' KENT July 18, 2006 W^S...GTOM Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Deborah Ranniger, President Tim Clark Ron Harmon Bob O'Brien Debbie Raplee Les Thomas Elizabeth Watson COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description S eaker Time 1. Puget Sound Access Studio Report Keri Stokstad 15 min 2. Regional Water Issues Larry Blanchard 30 min COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC— Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. National Night Out 5. PUBLIC HEARINGS A. LID 329—Traffic Signal at 74th Avenue South and SR 516, Final Assessment Roll, Ordinance (QUASI-JUDICIAL PROCEEDINGS) 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B_ Payment of Bills—None C_ Purchase of Self-Contained Breathing Apparatus—Authorize D. U-S. Department of Education Grant—Accept and Establish Budget (Continued) COUNCIL MEETING AGENDA CONTINUED E. Washington Traffic Safety Commission Grant—Accept and Establish Budget , F. August 1,2006, Council Meeting Time Chang ---National Night Out—Authorize G. Bill of Sale, 100th Avenue Sewer Extension—Accept H. Bill of Sale, F &R Country Estates-Accept I. Bill of Sale, Selbourne Lane—Accept J. Traffic Safety School Fee Increase—Approve and Amend Budget K. Congressional/Legislative Support Contract—Authorize 7. OTHER BUSINESS A. Lake Meridian Outlet Project Cooperation Agreement 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Property Acquisition B. Pending Litigation 12. ADJOURNMENT t NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. , i L K r t Kent City Council Meeting Date July 18, 2006 Category Consent Calendar f 1. SUBJECT: BILL OF SALE, 1 OOTH AVENUE SEWER EXTENSION—ACCEPT � A 2. SUMMARY STATEMENT: Accept the Bill of Sale for the 100'h Ave SE Sewer Extension for one sanitary sewer manhole and 367 linear feet of sewer. This project is located at 20846 - 100th Ave SE. ' 3. EXHIBITS: Bill of Sale ' 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT ' Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: ' Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds ' DISCUSSION: _ ACTION: Council Agenda Item No. 6G .40 KEN T W A S H I N G T O N ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON The figures used on the Bill of Sale for 10e Avenue SE Sewer Extension project dated EFebruary 14 2006,were based on the "As-Built" Engineering Plans dated February 14, , 2006, for the same said 10e Avenue SE Sewer Extension project. , Mark X. Plod the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of GeoDatum Inc., the firm responsible , for the preparation of the"As-Built" Engineering Drawings. Signature n, 1 1 44 KENT W A S H I N G T O N MAIL TO ENGINEERING DF_PAWFMENT ' ATTN Robert Hankins 220 e AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT. 100th Ave SESewerExtension ) 3 LOCATION 100th Ave.SE,Kent WA TAX ACCT NO BILL OF SALE CITY OF KENT KING COUNTY,WASMNGTON THIS INSTRUMENT made this 13 day ofFebruary 2006,by and between Barry Bapla,hereinafter called"Grantors",and City of Kent a municipal corporation of King County,State of Washington, herimfler called"'Granted': WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements. A. 3YA1 together with a total of gate valves at$ each, hydrants at S each and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including linear feet at S per LF of (size&type) sewer line. & SANITARY S . .RS:Together with a total of I manholes at S 3950.00 each and/or any other appurtenances thereto. Os1 FROM T-Q 100th Ave SE SE Ex SSMH(intersection of 100th Ave.SE&SE 210th PI) New SSMIi(100(h Ave.SE) Including 367 linear feet at S 49 50 per LF of 8"PVC waterline. C. T . Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. ' ON FROM TO (street,esmr,etc) Tncluding centerline LF at S per LF of (type)streets. Feet asphalt roadway. D. STORM SEA: Together with a total of manholes at S each or a total of catch basins at S each, LF of brofiltraltou s wale or draurage ddch with a total coA of$ CF of detention pond storage with a total cost or S.and l or any other appurtenances tbercto. ON FROM TO (street,esmt,etc) Paget SF3 Bdl of Sate Including linear feet at S per LF of ' (size&type) sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property;and that the same is free from all encumbrances,that all bills for labor and material have been paid;that it has the right to self[lie saute aforesaid;that it will warrant and defend the same against the lawful claims and ' demand of all person. The Dill of Sale is given on consideration of the agreement of the Gmntee for itself,its successors and assigns to incorporatc said utilities in its utility system and to maintain them as provided in the ' applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this_ day of �,- il STATE OF WASHINGTON ) SS COUNTY OF ICING ) On this lr%- � day of_ f) . 20 f_", Cs� .before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personally t£t appeared 1`- ,_ Z,- �. to me known to be die indivrduat described in and who executed the foregoing i orient and acknowledged to me that he/she signed and scaled this instrument as his1her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal thisfl — day of o }_t 20 (Ll TH-ANN PETER50;d - 1 --a -- t`, I t -•� Notary Public in and for the i`r ; i f U�-•L�� ` $Late of Washington,residing at c ..t tGTOi'I F 1'r.-ivIHIN t EXPIRES IPRIL1", 200 My Commission Expires: -:=•moo-�c'••.� ��,.�,.,= STATE OF WASTUNGTON ) )SS COUNTY OF KING > _ On this day of ,20 .before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn, personally appeared and to me known to be the and respectively of the that executed the foregoing instrument,and acknowledged the said instrument to be the free and vohmtary act.nd deed of said for the uses and purposes therein mentioned,and on oath stated that they are authorized to execute the said instrument ' Witness my hand and official seal hereto affbc the day and year first above written. Page 2 of 3 Butt of Satc ' Notary Public in and for die State of Washington,residing at My Commission Expires. ' The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of 110 1 1 Page 3 of 3 Bill of Sale Kent City Council Meeting Date August 15, 2006 Category Consent Calendar 1. SUBJECT: LID 340 SEGREGATION RESOLUTION— ADOPT ' 2. SUMMARY STATEMENT: Adopt Resolution No. which directs the Finance Director to segregate Assessment No. 88 of Local Improvement District (LID) 340 into two assessments. ' 3. EXHIBITS: Resolution and 7/13/06 Public Works Memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) r5. 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 1 Item No. 61 ' PUBLIC WORKS DEPARTMENT 400 Larry R. Blanchard, Public Works Director Phone. 253-856-5500 ENT Fax:. 253-8s6-6500 N/AS HINGTON Address 220 Fourth Avenue S. ' Kent, WA 98032-5895 Date: July 31, 2006 To: Chair Debbie Raplee and Public Works Committee Members PW Coinrnittee Meeting: August 7, 2006 t From: Larry R. Blanchard i-_R r3 o e-o 3-o k Subject: LID 340 Segregation ' Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend that the City Council pass Resolution No------------- directing the Finance ' Director to segregate Assessment No. 88, levied under LID 340, into 2 assessments. ' Will document be required? ❑ Ordinance ■ Resolution ❑ Agreement ❑ Contract ' ❑ Policy ❑ SOP's ❑ Other t Governing Policies Procedures Rules & Regulations: ' RCW 35.44.410, segregation of assessments, and City Attorney guidelines for segregation requests dated March 3, 1975. Background/History: LID 340, Assessment #88, was originally assessed for Street Improvements in the amount of S66,471.00. The principal balance as of July 31, 2006, is $35,451.20. The newly segregated amounts would be $27,446.00 on assessment # 88-1 and the balance, $8,005 20, on the remainder assessment 88. ' Summary: Kent North LLC, the owners of record of the property originally affected by LID No 340, Assessment No. 88, located southerly of vacated S. 188" Street , westerly of 8oth Place S., and easterly of 80" Ave. S has requested segregation due to the property being a developed and a portion sold. The Public Works Director recommends passage. No Unbudgeted Fiscal/Personnel Impact ' Recommendations: Recommend that the City Council pass Resolution No.____________ directing the Finance Director to segregate Assessment No. 88, levied under LID 340, ' into 2 assessments. ' PIAJdrcUdmi-SvplPWCommLt"L4&w,PkwdA RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, directing the Finance Director to segregate an assessment levied under Local Improvement District No. 340. RECITALS A. Kent North, L.L.C., the owner of record of property originally affected by Local Improvement District (LID) No. 340, Assessment No. 88, which property is located south of vacated S. 188th Street, west of 80th Place South, and east of 80th Avenue South in the city of Kent, has requested a segregation of that LID assessment through a request submitted by Panattoni Development, L.L.C., a Member of Kent North, L.L.C., and signed by the Brynestad Family, L.L.C., the Managing Member of Kent North, L.L.C. ' B. All clerical and engineering fees have been paid as required by law, and the application is proper in all other respects. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. — Segregatlon. The Finance Director is authorized and directed to segregate the assessment as requested by Kent North, L.L.C., as set forth in the LID ' Segregation Certificate which is attached and incorporated as Exhibit A. The assessment involved is Assessment No. 88 of Local Improvement District No. 340. SECTION 2. — Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. 1 Kent North,. L.L.C. LID 340 - Assessment 88 Segregation SECTION 3. — Ratlficatlon Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4. — Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of August, 2006. CONCURRED in by the mayor of the city of Kent this_day August. 2006. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY ' I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of August, 2006. BRENDA JACOBER, CITY CLERK ' r\uvxkass Ion\uo34-a smenceas.ymgaeon me i 2 Kent North, L.L.C. LID 340 - Assessment 88 Segregation EXHIBIT A LLID SEGREGATION CERTIFICATE 1 �^► LID SEGREGATION CERTIFICATE �� KENT WAa" YOTON 220 4m Avenue South Kent,Washington 99032 Attn:Property Management Requested by:PANATTONI DEVELOPMENT LLC Date:DECEMBER 6,2005 Onginal Owner LID#340 Assessment#88 KENf NORTH,LLC ORIGINAL DESCRIMON SEE E`GHBIT"A"ATTACHED New Assessment No. 88-1 Owner&Address NEW DESCRIPTION New Assessment Amt RZ,446.00 Sciola Family Pnapetttes Lic 17M W.Valley Hwy SEE EXHIBIT"B" Seattle,Wa 98188 Owner&Address REMAINDER DESCRIPTION Rem.Assessment No 88 KENT NORTH,LLC GO Panattm Development SEE EXHIBIT"C" 16400 Sodtimicr Parkway Seattle,Wa98188 6 hrs at$40.00 The andersignod hereby accepts above terms and conditions aid per how$240.00 certifies to the correctness IfireUL less$40.00 fee per LL^ Receipt No. SIGNED 80415 Signature PRINT NAME: FOR: SCIOLA FAMILY PROPERTIES LLC Total Due $2W 00 f d ge'GerP f SIGNED PRINT NAME-_ Aurborimad sigpamm FOR: KENT NORTH LLC BY MANAGING MEMBER BRYNESTAD FAMILY,LLC Approved by Resolution# � @ RXHIBIT -A ■ § � §§£f§§2 ; §4■%aE§ � 2/$\'ox ) ° \24$\ § � @ �(1 26;[�\ § r a\� } ) a�w f 2*s■ � C.�� C 7$� 7 § a f\\ 2 # k � ■ 7 � $ § � I • k } k ) � )■§ § � @ $ @ � . EXHIBIT "B" Ps"A: Thd portion of trm North half of to Saulhe®st glra I d to Sari eint quarler of SwAm 36. Toa uMp 23 NNtt.Wage 4 East W llamdfa UmMm.llkfp W&MVof Oft Place sown(Cnuay Road Na 3731 m condwMed in ft Carry Superior Coon Cause No.63M O(CfPT tat portion thereof arwpd to Dn4Npe ObW No 1 desarbad as Parcel Ar10 and do*weted it Boundary IJne ClAdlicallon AWa or ant recorded under King County Recording N0.OSi loa301; AND EXCEPT tw North 30 led for road a ameyed to King Cady by Deeds rerorded under King Cm*Raeoaitg Nos.3SUfn and 36CtM AND EXCurr tat paton conveyed b on City of Vmt for Wed purposes under Deed reecrdOd under iaeoo&V No.75M22DOM AID E)W4VT tat Said 130 feet of the Wed It.RE2 fadtoreot AFD EXCEPT fopnton hbt9 Wevterly d trm Paton corrreyd to OraY+apa Dishiet Na.1. TOGETHER WffH dal porrrmn of the Nutt US bet of to Sarre hag of the Sots q=W of to Swdtead qusrW of Section 36.Tote"23 Nett Rags 4 Eat.Wlanhoda Naidst deaabed as falawc AEGMWO at the tram"ctoa of ire Wet term of W h Place Sant haft afw brown as Sp khoWGDk Casey Rood County Road N06 W3.Kor"walo"County Road.Kant-Oda Road and P.Hoym Wed vih to North term of said pr6dehtorc THENCE West dm*sold North the 63 fact THENCE Soub 4r 40r OW Eat.OL75 Pest THENCE East XW fad to to Wadaly tns ofedd roof; nMNCE Nortaasbrly alone odd rood to to POW OF BEOWf4WG. TOGETHM WRN fret portion of Ow tolaefe0.Moo Emdarfy of SldVb [matt as shown by Yacmlon OrQronas No.3781.as reooabd under Recardsg No:20060213000097.Records of I0e0Omwt.Wadlt6lom saNG Yot parson of South 1Sttt Sbeat In firm Saload quarbr Of Win Shnbtad 4arbr Of Section 36.Tawrhl 2E Nortb Ratpa 4 ENK Ylflia"m Natdart in 9hV Cmft Mfsefingtat " Westerly of Sob Pbos South (Cady Rood No. 1% as candern+ed In tOry Cindy Superior Cant Ceres No.MM and Min It b Eaderly of trmtcvigamb dead bw J�� s Prs(at Narm Prrnsthrnl Kerr qaF Sapp A 9a05 i PAVbS* ehya.2W6 trite 06-19-7A07 t2oali.ne2,eoo p5/Wfr Z.cta6 EXHIBIT "C" Parcels: That perton of tie Norm he of go souirest*Mur of rie sou9ieast quarter of sexton 36. Towndtip 23 NarU%Mi 9 4 Ent WBar WU itariBan.Mm WestmW of DranaW Oktrid ffo. 1 DIficb Ri A4 Way aN deirmaled in Boundry tine Chn icetior Agrranaat recorded mda Kn9 County PAWfAv No.01104ml; IXCWr Is Haft W feet for coed as mareyttd b rmg Canty by Deeds recorded under MW County Raman*Nos.3MI23 and 3642124; AND OMOFf tug palm mrWWM to Om City at Kent far Slant purposes under Deed rammed uder Record V W.7S012WOW. AND DRIFT tm Sm.&130feet Oweaf. TOGETHM WRH that padim of to falw&&lykv Wadmly of Spiytaoak Creek,as dam by Vacation Oxlkwios Nor Mi.as scanted male Raardtip Na 200502LID00997,Records of l(bg Courtly.Wadtti io: BEING 2W portion of Soulb 10ib etas[In tie Ecrahtast g orler of lima SeAtwad*m4K of sacfm 30.Tauautiyt 23 Nmft Rage 4 EmA WWfaiais Moldlark in Kkig Carly.Waeftan. lynp Weateilyof OOb Place Soupy @Caoefy Road Na USL as condemned In P0n9 County Supmer Court Cause No.03790 and%ft Faaleryof In tiafwAm deeufeed Inc: COMMENC✓ G at on Nortmed comer of No Souibmat quartet of the Scutteast quader of Sedioe 36.Town�ybip 23 Na94 Ruge o 4 fire,W W=Wp saunter THENCE Sw 0r b '4T 2V West 0LW feat dog Oro Writ Sm of said u bdkmdon to Ma most Scurmdy amm of Diet pecan mmepod to the Car of Kad by Dead recorded under ttaaordng Nor 7601220M bdsp a polyd oo a cave ire radio print of WNM bars Soidb aW lZ Mr East THENCE florbSaeMrly stag the Sochi ins d Said*oriel mnueysd to VM Cey of Kant aloe*axe me of a am conomm b to Smt*M haul*a radn of 25M feet.ieough a cm"angle SW 17 32'and an rc ier4p of 21.01 fast to the TRUE POOR OF BEGBNNl7G of hamin THENCE flub 09'34'49'Eat GL43 fast b tM SmArm t corner of Lot A.City of Kant Lot lime Ac*nkard Nun LL9&18.receded under Rsoardit Na.900J110561 and the termiem of hadn de.90r6ad iaa. O SlumbInUGyofKant.Cm*afXti MftctWed*vMn. � o • TmaParcelNor 36ZKM-MIS 0 47 { l A law.parAMM tfedNarM auras 0t3-19-2007 Rrbe flay$2WS WRwM 1209U.00Sdaa i COWS CING al Ote NorBmad aornw of the Sotdheaet quarter of ft SmAboast quads of Saaion A Toatr 23 tkwO ftW 4�tWftmeBe MwkiwX THBQCE SMO Ot-4T 20`Writ BSA@ hat etotp Ore Wed t o of said subdvkion im t a nest Southerly oeamr of But ptation=w ad to ltr Cky of Ken!by Dead muded allot Reemi tg Na 7ti01220005,benp a poll on s awe the ndw p*A of M"basis Salk W 12 Ur Easy THENCE NaBwaalaty ataW The Sath tint of"W por lon m e"d to We MY of Kent along the we of a am emme to the t1nt/tmed hoft a rafsta of 25M feat, bmugh a aw"aVa Sr 17 3r ad at we lenplh of 2fa1 teat b the TRUE POW of SEGMM of hatein desaBtW tart iHENM Nartlt Or 34'4sr East 6&43 fed b rie SadateW canard Lout City of trer4 Lot tine As USS-15,raooNed uder Racu tttp ft 9WliOW and be WaMI s of hWOM Shsda ti"my dKati cue1bd n-is stets otwad*oott. Tax Paod Mu s&2m44ow wua nanitsvM aurae .: :.--.�"••� •" _ Mna Sue m mm*A#I)u ea►amurme oaa — esr1D OWUHVH I daa'rS 3QADEEp MWINOW nandlTasaa N=VNW bill !! ,�� �€ri �! �! d j'el �i�a '!' t •� x� ! g �g� [dae d � x� �� a rr r 3 �°! � ��R � ° � � j! ;; e� a 1°� ��f l'��a � 3 � �•� - paz ` s ,x� . ; s a '! a ,;! { x� a�y � ��9 g!g#! � !�1 a 01 i�8�9 lot, to lily i is d ¢ii Hai s'.1 io t! f ii t dflj $11ir i NOW ffs't A' Q .1 z mJLU lu F its I, liardi!!ll�li t � - '�\•- ` �-�_ ---- - •eae u..euea.eli��!/!� R Kent City Council Meeting Date August 15, 2006 Category Consent Calendar 1. SUBJECT: S. 228TH STREET GREEN RIVER BRIDGE MITIGATION— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign an agreement with King County to design, permit, and construct a riverbank enhancement project near the S. 2281" Street Green River Bridge upon final terms and conditions acceptable to the City Attorney and the Public Works Director. 3. EXHIBITS: Public Works memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? _ Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6J i PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director KENT Phone 253-856-5500 WASHINGTON Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 2, 2006 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 7, 2006 From: Chad Bieren, Senior Project Engineer Via: Larry Blanchard, Public Works Director L-03 og-o2-ofo Subject: S. 228`h Street Green River Bridge Mitigation Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend authorizing Mayor Cooke sign an agreement with King County to complete design, permitting, and construction of a riverbank enhancement project near the S. 228th Street Green River Bridge upon concurrence of the language therein by the City Attorney and the Public Works Director. Will document be required? ❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: The agreement would follow terms and conditions previously agreed to between King County and Kent under the July 2002 Interlocal Agreement for the Administration of the Green River Flood Control Zone District. Similar work has been completed on the riverbank within the Citv pursuant to this agreement. Background/History: A Hydraulic Permit Approval (HPA) permit was required by the Washington Department of Fish and Wildlife (WDFW) to complete a new bridge over the Green River at S. 228th Street. Requirements in the HPA included the installation of Large Woody Debris (LWD) and riverbank reconstruction for approximately 500 feet, immediately downstream of the new bridge. The proposed work would mitigate habitat impacts of bridge construction. King County has available work crews that are experienced with the proposed construction and have installed similar improvements along the Green River levee system within Kent. In addition, engineering staff in King County's River and Floodplain Management Unit have designed and acquired permits on multiple projects of similar design. Summary: King County would complete the design, acquire construction permits, and construct riverbank improvements (including the installation of Large Woody Debris) north of the newly completed S 228th Street Bridge over the Green River. The work is anticipated to be complete autumn 2006. P V'NblalAdmia5NplBetlilPTVCmmrwerteet4climPage doe Recommendations: Authorize Mayor Cooke to sign the agreement to have King County complete the required riverbank enhancement project. King County crews are experienced with this type of work and King County engineering staff have designed and permitted multiple projects that are very similar in size and scope The proposed project fits within the parameters of the July 2002 Interlocal Agreement for the Administration of the Green River Flood Control Zone D/strict and will be completed quickly and most efficiently using King County crews. 1 1 t i F lPnhhcL4dmrrnSrrplBelh',F{YCmm�rrneeWwwWagS do t August 2, 2006 Suzette Cooke Mayor, City of Kent 220 4th Ave S Kent, WA 98032 Dear Mayor Cooke: The purpose of this letter is to serve as the Agreement between the City of Kent and King County,pursuant to the terms and conditions of the July 2002 Interlocal Agreement for the Administration of the Green River Flood'Control Zone District(GRFCZD-ILA), for the completion of habitat improvements required as mitigation for the City of Kent's constriction of the S 228"' Street Bridge crossing of the Green River. This letter is therefore intended to finalize the tenns of this Agreement for work to be performed by King County, through its administration of the Green River Flood Control Zone District(GRFCZD), for completion of this project on behalf of the City of Kent. The City of Kent has requested King County to complete the mitigation project design, obtain any remaining pen-nits and approvals that are required, and construct and maintain habitat improvements to the existing Frager Road Revetment along the left bank of the Green River near 1 River Mile 20.4, downstream of the S. 228"' Street Bridge, to offset habitat impacts associated with the new bridge, and to meet earlier permit requirements. These habitat improvements, developed with the assistance of King County during the Hydraulic Project.Approval (HPA) permitting process as required by the Washington Department of Fish and Wildlife (WDF W), will include installation of large woody debris along the toe of the existing Frager Road Revetment and the adjoining floodplam bench, together with revegetation of the regraded bench and upper revetment bank areas with native trees and shrubs The purpose of these actions is to create resting habitat along the channel margins for upstream-nugiating adult salmon, rearing habitat for out ugrating juvenile salmonids, including Chinook salmon listed as endangered under the federal Endangered Species Act, and flood refugia for both life-stages Based on the expertise in this area, and through its administration of the GRFCZD, King County proposes to complete this project on behalf of the City of Kent, as part of its continuing work program to implement the July 2002 GRFCZD-ILA. In confirming the precise scope of this work, and in defining the specific responsibilities of both King County and the City of Kent for its completion pursuant to this Agreement, the following terms and conditions sliall apply: Mr. Chad Bieren May 16, 2006 Page 2 of 3 1. King County shall perform this work on behalf of the City of Kent, which will serve as the City of Kent's agent in completion of this work. This an angement is made under all terns and conditions of the July 2002 GRFCZD-ILA, an mterlocal agreement signed by the Cities of Auburn, Kent, Renton and Tukwila, and King County, for King County's administration of the GRFCZD 2. King County will complete the project design, and prepare construction plans and specifications for review and approval by the City of Kent, to meet the HPA mitigation requirements and any other applicable permit requirements. 3. King County will rely on the City of Kent to provide copies of all existing permits and approvals for the bridge project previously obtained by the City, including documentation of approval by WDFW. Any further requirements to obtain additional permits or to modify existing permits will be undertaken by King County on the City of Kent's behalf. 4. King County will construct the project, including excavation of revetment slopes to obtain equipment access to the water's edge, installation of large woody debris, and revegetation of all excavated and disturbed areas_ This will include revegetation of the existing floodplam bench and upper revetment slope areas, in accordance with Guidelines for Bank Stabilization Projects in Riverme Environments of King County (King County 1993) S. King County will maintain all the installed plantings, and will be responsible for watering and ensuring plant survival for five years following completion of the project, including replacement of any plantings that fail to survive. 6. Total costs of the work, including initial project costs already incurred by King County from January 1, 2005, will be compiled and documented by King County staff and submitted to the City of Kent. The City of Kent will then fully reimburse King County for all such expenditures. King County will send the City of Kent a detailed invoice and itemized list of all expenditures approximately 60 days following the completion of work on the project during any given calendar year, and the City of Kent will reimburse King County within 30 days of receiving the invoice. King County reserves the right to submit subsequent invoices to the City of Kent within 180 days following the date of the original invoice during any calendar year, for additional costs directly attributable to the project which have been incurred as a result of delayed vendor invoicing or other unanticipated circumstances. 7. The total project costs for all labor, materials and equipment, including project design, permitting and constriction work, and the first three years of watering and maintenance following construction, is currently estimated to be approximately $247,000; however, the City of Kent will reimburse King County all costs actually Mr. Chad Bieren j May 16, 2006 Page 3 of 3 uncured in completing the project, as documented and submitted by King County. Please refer to the attached preliminary project cost estimate and plan set 8. It is understood that this project will be completed dunng extreme summer low water conditions, over the course of 4 to 6 weeks, and is now tentatively scheduled for construction during August through September 2006. It is agreed, however, that the actual starting date and duration of the construction period will depend on permitting conditions, King County Road Crew availability, weather conditions and other unforeseen circumstances. It is further agreed that, following any delays pending resolution of all issues potentially affecting 2006 construction timing and duration, the project will still be constricted during the 2006 late summer low-water constriction season if feasible, but during the following 2007 summer low-flow constriction season if needed instead. All costs incurred by King County through 2006 win I be compiled and documented, and submitted to the City of Kent for reimbursement consistent with provisions No. 6 and 7 of this Agreement. A separate billmg statement will then be submitted by King County to the City of Kent for any construction actually undertaken during 2007. If you agree with this proposal, please sign in the signature block Below and return this letter to ire by fax at 206-205-5 134. If you have any questions or need additional infoimation regarding this agreement, please contact Deborah Schetbner, Project Engineer, at 206-263-7269 Sincerely, Steve Bleif ths, Manager Rivers and Floodplain Management Unit Regional Services Section Suzette Cooke Date Mayor, City of Kent cc: Larry Blanchard, Director, Public Works Department, City of Kent Gary Gill, City Engmeer, Public Works Department, City of Kent Mick Mactutis, Supervising Environmental Engineer, Public Works Department, City of Kent Chad Bieren, Senior Project Engineer, City of Kent John Koon, GRFCZD Program Coordinator, King County Andy Levesque, GRFCZD Senior Engineer, King County Deborah Scheibner, Project Engineer, King County Ruth Schaefer, Senior Ecologist, King County Kent City Council Meeting Date August 15, 2006 Category Consent Calendar 1. SUBJECT: KENT KANGLEY ROAD AT ROCK CREEK, STRUCTURAL REPORT AND RECOMMENDATIONS ON BRIDGE — AUTHORIZE t2. SUMMARY STATEMENT: Authorize the Mayor to enter into an interim design and repair agreement with King County, not to exceed $75,000, for the repair of the Kent Kangley bridge that crosses Rock Creek, upon final approval of the terms and conditions of the agreement by the City Attorney and the Public Works Director. Clark Springs, which is located just east of Four Comers in Maple Valley, is fed by Rock Creek and is the location in which Kent draws much of its water The stretch of Kent Kangley road that runs through Clark Springs is owned and maintained by the city of Kent, and as such, Kent must maintain the bridge that crosses Rock Creek It has been determined that the bridge is in immediate need of repair which is necessary pending the determination of how and when the bridge will be replaced. Kent has been in discussions with King County for the provision of interim design and repair services In the future, Public Works may bring before the Public Works Committee and the council an ordinance establishing a maximum weight limit for the bridge. 3. EXHIBITS: Public Works memorandum i4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no Unbudgeted Expense- Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds jDISCUSSION ACTION: Council Agenda Item No 6K PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • KENT Phone: 253-856-5500 WASHINGTON Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 03, 2006 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 7, 2006 From: Larry Blanchard, Public Works Director L-RG o8-D3vG Subject: Kent Kangley Road @ Rock Creek - Structural Report and Recommendations on Bridge Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend authorization of staff to prepare an ordinance to establish a weight limit for Kent Kangley Road @ the Rock Creek crossing, and authorize the Mayor to enter into a design and interim repair agreement with King County upon concurrence of the language therein by the City Attorney and the Public Works Director, Will document be required? ❑ Ordinance ❑ Resolution Agreement ❑ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: Kent City Code 6.01 and inter-local agreement regulations provided for by law. Background/History: Rock Creek Bridge was built in 1958. Its location is on Kent Kangley Rd .5 miles east of 4 corners. The City of Kent received ownership of this bridge in 1989 from King County During the 2006 bridge inspections King County inspectors found significant deterioration to the east side pile cap and some to the west side. The life expectancy to these pile caps is generally 50 years. It is evident now that they have reached their life span. They gave a sense of urgency to their recommendation of the repairs needed. Summary: This issue needs to be dealt with through a two phased process, 1) Weight Limit established for the bridge, 2) Initiate the Repair Project. 1) Weight Limit Established for the Bridge: The City's consultant has recommended immediate repair of this bridge, however, the window of opportunity for repairing or replacing the bridge has closed for this year, and we will need to proceed with design and permitting to be ready for installation in August of 2007. In the mean time we are waiting P 1Puh6c1Ad.,,,Sup%PWC..UtceL4,tm PngelAug]rMdx for King County to provide the maximum weight limit for this bridge. Upon receipt of the weight limit an ordinance will be prepared for Committee/Council review and acceptance. 2) Initiate the Repair or Replacement Project: The City has the opportunity to apply for grant funding through the Bridge Replacement Advisory Committee (B.R.A.C.) advisory to Washington Department of Transportation (W.S.D.O.T.) to be eligible for these funds a bridge must have a deficiency rating of below 50% which we believe we meet. If this is the case we could obtain up 100% of the funds required to replace this bridge. However, to apply the City must first prepare a design for the bridge to determine the cost. The BRAC meets in April 2007 to approve projects for funding. Recommendations: 1) Proceed with establishing a weight limit on Kent Kangley Road due to the restrictions caused by the deterioration of the bridge crossing Rock Creek. An ordinance will be prepared and submitted to the Public Works Committee for recommendation to the City Council. 2) Authorize the Mayor to enter into an agreement with King County upon approval of the language of said contract by the City Attorney and the Public Works Director for design and interim repair service as the case may be for the Rock Creek Bridge. The contract with the King County shall not exceed $75,000. i t P IPuhlrcUdnruiSuplPlf'CommvteeWcmnPng¢Wug71M dx Kent City Council Meeting Date Auzust 15, 2006 Category Consent Calendar 1. SUBJECT: MUTH PROPERTY STATUTORY WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to accept the Statutory Warranty i Deed pending acceptance of the language therein by the Public Works Director and the • City Attorney 3. EXHIBITS: Public Works memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) i5. FISCAL IMPACT Expenditure9 X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6L i PUBLIC WORKS DEPARTMENT 400 Larry R. Blanchard, Public Works Director • KENT Phone: 253-856-5500 WAS„INGTON Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 3, 2006 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 7, 2006 From: Michael Mactutis, Environmental Engineering Mana Qer Through: Larry Blanchard, Public Works Director i._-(& X-03-a(:> Subject: Muth Property Warranty Deed Motion: ■ Required❑ Not Required ❑ For Information Only Recommend authorization of the Mayor to accept the Statutory Warranty Deed pending acceptance of the language therein by the Public Works Director and the City Attorney. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract ❑ Policy ❑ SOP's ■ Other — Warranty Deed Governing Policies Procedures Rules & Regulations: Background/History: A previous owner of this property sold the development rights to King County under the Farmland Preservation Program (FPP). It was historically farmed, but has since been left fallow for several years and approximately half of the 15 4 acre property is now regulated as wetlands and / or buffers. Due to the wetlands, any attempts to change the property use back to farming would require permitting from federal, state and local agencies and large amounts of wetland mitigation areas. In addition, Johnson Creek, a salmonid bearing stream, flows along the west side of the property adjacent to 42"d Ave. S. Farming activities would be required to stay out of the creek and its buffers. These environmental constraints make the property unsuitable for agriculture. Due to these constraints, King County and the current property owner have removed the property from the FPP. The current property owner is proposing to provide this site to the City for the relocation and restoration of Johnson Creek away from the 42"d Ave S. roadway, for wetland restoration and enhancement and for a regional detention and water quality facility. This property will be able to provide a significant amount of fish and wildlife habitat area. ➢IPubfidAdnrznSuplPWCo mutesUcnwiPagaGag706r�w The property owner will construct the regional detention / water quality pond at its own cost, as well as any associated wetland mitigation for the pond and for widening of 42"d Ave. South. The property owner is also providing funding to the City to relocate and restore Johnson Creek away from 42"d Ave. South. Summary: This property, located southeast of the S 2121' St. / 42"d Ave. S. intersection, is a property that was historically farmed. It is not currently being farmed, has not for several years and approximately half of the property is now classified as wetlands and / or buffers. It is a property that will serve as a site for the restoration of Johnson Creek as well as a wetland enhancement site The upland portion of the site will provide regional detention and water quality for future developments along the hillside above the property. The property will be able to provide a significant amount of habitat in the wetland and creek areas and buffers. Recommendations: 1 Recommend authorization of the Mayor to accept the Statutory Warranty Deed pending acceptance of the language therein by the Public Works Director and the City Attorney. P IPuMrcUAmeu$upPNCamnnlmeUcupnPagd4ug7fr6 doc Return c/o Johns Monroe Mitsunaga PLLC Address: ATTN• Robert Johns 1500 114`h Ave. SE, Suite 102 Bellevue, WA 98004 AUDITOR/RECORDER'S INDEXING FORM — Document Titles). STATUTORY WARRANTY DEED or(s): — SILVER OAK, LLC .Grantees CITY OF KENT Abbreviated legal description: North 1/2 of the Southwest 1/4 of the Northeast 1/4 0 Section 10, Township 22, Range 4 East, WM, records of King County, Washington X Additional legal is on_pN_e 1 of document Assessor's Property Tax Parcel/Account Number: 10220491 99, 1022049004 STATUTORY WARRANTY DEED The Grantor, SILVER OAK, LLC, a Washington limited liability company, for and in consideration of one dollar and other consideration in hand paid, conveys and warrants to Grantee, the CITY OF KENT, a Washington municipal corporation, the following described real estate, situated in the County of King, State of Washington the ("Property"): The North 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 10, Township 22, Range 4 East, W M., except the East 195 52 feet thereof; and except that portion lying within 42rd Avenue South (Wm. A, Johnson Road No. 1432), and except that portion lying within the right-of-way for Drainage Ditch No. 2, and except that portion conveyed to King County for Orillia Road (S. 212th St.) by deeds recorded under # 5975361 and 5975362, records of King County, Washington The covenants of warranty herein contained shall not apply to any title, interest or encumbrance arising by, through or under title acquired by Grantee for any property other than the Property specifically described herein. This Statutory Warranty Deed is subject to a temporary construction easement retained by Silver Oak, LLC, the terms of which are set forth in Attachment A to this Deed. This Statutory Warranty Deed is also subject to the following exceptions: 1. Agreement regarding connection to a water system recorded under King County Recording No. 2781851 on January 4, 1934, Statutory Warranty Deed - 1 (August 2, 2006 r 2. Percolation Disclosure recorded under King County Recording No. 8808021155 on August 2, 1988. 3. Slope Easement described in deeds recorded on January 11, 1966 under King County Recording Nos. 5975361 and 5975362. DATED this of , 2006. SILVER OAK L.L.C., A Washington limited liability company By: POLYGON NORTHWEST COMPANY, a Washington general partnership Its: Manager By: BRENTVIEW, INC., a Washington corporation Its: Managing Partner By: Richard Rawlings Its: Authorized Agent CITY OF KENT By Title STATE OF WASHINGTON ) ss. COUNTY OF KING ) The undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, affirms that Richard Rawlings personally appeared before me, is known to be the authorized agent of Brentview, Inc., a Washington corporation, who executed the foregoing instrument, and acknowledged this instrument to be the free and voluntary act and deed of said corporation as managing partner of Polygon Northwest Company, a Washington general partnership, as the manager of Silver Oak, LLC, a Washington limited liability company for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. Given under my hand and official seal this day of , 2006. Notary Public in and for the State of Washington residing at My appointment expires Statutory Warranty Deed - 2 (August 2, 2006 i STATE OF WASHINGTON ) ss. COUNTY OF KING ) The undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, affirms that personally appeared before me, is known to be the of the City of Kent, a Washington municipal corporation, who executed the foregoing instrument, and acknowledged this instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. Given under my hand and official seal this day of , 2006. Notary Public in and for the State of Washington residing at My appointment expires i I I i i i j Statutory Warranty Deed - 3 (August 2, 2006 ATTACHMENT A — TEMPORARY CONSTRUCTION EASEMENT Temporary Construction Easement. Silver Oak, LLC ("Silver Oak") shall retain a temporary construction easement on the Property conveyed by this Statutory Warranty Deed subject to the following terms: 1. Limited Right of Entry. Silver Oak, its agents, contractors and employees shall be entitled to enter into the Property for the purpose of constructing (1) a stormwater pond and conveyance system ("the stormwater system") with associated wetland mitigation, and (2) the Final Wetland Compensatory Mitigation Plan for 42nd Ave South Upgrade (10/01/2001) ("the wetland project"). Silver Oak shall also have the right to enter the Property for the purpose or repairing and maintaining the improvements constructed pursuant to this limited right of entry until such time as the City of Kent accepts the improvements and assumes the obligation for ongoing maintenance of the improvements. Improvements authorized pursuant to this limited right of entry shall be constructed in accordance with plans which have been reviewed and approved by the City of Kent prior to the commencement of construction. 2. Responsibility for Costs. a. Stormwater System and Wetland Project: Silver Oak shall be responsible for all costs of engineering, permits, inspection, and construction of the stormwater system with associated wetland mitigation and the wetland project. The City shall review and approve permits and other approvals required for the construction of the stormwater system and wetland project through its normal development review process. Silver Oak shall also be responsible for maintenance of the stormwater system with associated wetland mitigation and the wetland project, until acceptance by the City of Kent, which shall include compliance with all applicable code and construction standard provisions regarding warranties, bonding, and the like. b. Stream Project: Silver Oak, in compliance with previous agreements and representations by and between Silver Oak and Polygon Northwest Company, and the City of Kent, including but not limited to those contained in the Sanitary Sewer Service Agreements for the Gray Hill and Scalzo Properties and those presented in public testimony > that Silver Oak's participation in the restoration of Johnson Creek would be a component of the development of the Muth property as a regional storm water facility, that Silver Oak shall contribute $700,000 to the City of Kent's planned restoration of Johnson Creek on the Muth Property. This monetary contribution shall satisfy all of Silver Oak's, and any other affiliate of Polygon Northwest Company, duties or obligations that may exist under any current or prior agreements, whether written or verbal, to contribute money, property, or work to or for the Johnson Creek Basin Plan or the relocation and restoration of Johnson Creek, either on or off of the Muth Property. Silver Oak shall provide payment in full within 180 days of the date of execution of this temporary construction easement. If payment is not received within 180 days, construction of the stormwater system shall cease immediately and removal of the existing stormwater pond on the Ruth Property, King County tax parcel number , shall not occur until payment is made. In addition to the above, if payment is not made, the City shall have all other recourse as provide by law. Statutory Warranty Deed - 4 (August 2, 2006 3. Replacement/Repair of Vegetation. At the conclusion of the construction work for the stormwater system and the wetland project, Silver Oak shall revegetate all areas disturbed during construction with native vegetation consistent with plans approved by the City. Silver Oak shall be required to maintain this vegetation through the maintenance periods for the stormwater system, as provided for in section 4 below. Any vegetation planted that has died or is not established during the above period shall be replaced by ISilver Oak. 4. Acceptance of Work, Maintenance Obligations: The City of Kent will, following completion of construction of the stormwater system with associated wetlands mitigation and the wetland project, inspect the construction work to confirm that it has been completed in accordance with the plans approved by the City of Kent Silver Oak shall be responsible for maintenance of the stormwater system for a period of two years after the construction work is completed and approved by the City of Kent or until construction of the Scalzo and GrayDon condominium projects are complete, whichever is later. At the end of said period, Silver Oak's obligation of maintenance of the stormwater system shall terminate automatically and the City of Kent shall thereafter be responsible for maintenance. Silver Oak shall be responsible for maintenance of the wetland mitigation associated with the stormwater system and the wetland project per the requirements of Chapter 11.06. of Kent City Code. 5. Termination. The temporary construction easement rights related to the stormwater system project created by this Agreement shall automatically terminate at such time as the City of Kent becomes responsible for maintenance of the stormwater system pursuant to Section 4. 6. Successors and Assigns. The temporary construction easement shall be a covenant running with the land and shall be binding on the heirs, successors and assigns of the parties. 7. Attorneys` Fees. In the event that either party shall institute a lawsuit to enforce any rights pursuant to this temporary easement, each party shall pay its own attorneys' fees and costs of litigation, including any appeal thereof. ' 8. Governing Law and Venue. This Agreement shall be governed by and interpreted in accordance with Washington law. Any litigation arising out of or in connection with this Agreement shall be conducted in King County, Washington. 9. Amendment. This Agreement shall not be modified or amended except by written instrument executed by Silver Oak and the City of Kent. 1 Statutory Warranty Deed - 5 (August 2, 2006 j Kent City Council Meeting Date August 15, 2006 Category Consent Calendar 1. SUBJECT: ASSESSED BOOKING FEES APPEAL PROVISION ORDINANCE AMENDING KENT CITY CODE CHAPTER 9.34.020 — ADOPT j2. SUMMARY STATEMENT: Adopt Ordinance No. which amends Kent City Code section 9 34.020 of the Kent City Code, entitled "Booking Fee Imposed," in order to add a provision which allows the assessed fee to be appealed. 3. EXHIBITS: Ordinance and July 14, 2006, Memo from Pat Fitzpatrick, Deputy City Attorney, to Public Safety Committee 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expendrture9 X Revenue? X j Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 ' 1 DISCUSSION: ACTION. Council Agenda Item No. 6M ILAW DEPARTMENT Tom Brubaker, City Attorney Phone. 253-856-5770 KEN T Fax: 253-856-6770 WASNINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 IJuly 14, 2006 To: Public Safety Committee From: Arthur"Pat" Fitzpatrick, Deputy City Attorney Regarding: Amend KCC 9.34.020 to Include Appeal Provision of Assessed Booking Fees tMOTION: Recommend the city council adopt the proposed ordinance which amends KCC 9.34.020 to include a provision for appealing booking fee assessments. SUMMARY: RCW 70.48.390 provides that the City may charge a booking fee equal to the actual costs incurred or S100, whichever is less, for booking a person into its jail. This statute further provides that the City may collect that booking fee immediately from any money the person may then possess or any money which may be deposited with jail administration on that person's behalf. Relying on this statute, the city council adopted Ordinance No. 3705 on August 3, 2004, and assessed a booking fee in the amount of $40 against each person booked into its jail. Although an inmate could appeal the booking fees through the jail's grievance procedures, staff recommends that KCC 9.34.020 be amended to include a more formal appeal process. Since the adoption of Ordinance No. 3705, the Kent Municipal Court has collected the booking 1 fees. Additional housekeeping amendments included in the proposed ordinance will more clearly permit the corrections facility to take the necessary steps to collect the booking fees owed by inmates. ' BUDGET IMPACT: None. 1 1 i ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending section 9 34.020 of the Kent City Code, entitled "Booking Fee Imposed," in order to add a provision which allows the assessed fee to be appealed. RECITALS A. On August 3, 2004, and in accordance with state law, the city council adopted Ordinance No. 3705, which permits the city to recover its booking costs from those inmates booked into its correctional facility. B. While an inmate could appeal the imposition of the booking fee through the correction facility's grievance process, it would be appropriate to set forth an appeal procedure to allow inmates to appeal the assessment of the booking fee. C. Since the passage of Ordinance No. 3705, the Kent Municipal Court has collected the booking fees. The amendments to the ordinance will more clearly permit the corrections facility to take the necessary steps to collect the booking fees owed by inmates. INOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Booking Fee — Amendment to Include Appeal Provision ORDINANCE SECTION 1. - Amendment. Section 9.34 020 of the Kent City Code, entitled "Booking fee imposed," is amended as follows: Sec. 9.34.020. Booking fee imposed. A. Fee. Each person who is booked into the Kent corrections facility shall ' pay a booking fee of forty dollars ($40) The booking fee shall be paid to the city of Kent. The booking fee shall be assessed each time a person is booked as a I result of being arrested, being taken into custody by order of a court, returning from electronic home detention or monitoring, or returning after a temporary j release. The booking fee shall not be assessed when an inmate is returned to the corrections facility after a court appearance or medical procedure wherein the inmate remains in custody, or after returning to the corrections facility after completion of a work time credit or work release shift. B. Payment of fee. The booking fee shall be paid, and may be seized, immediately from any money then possessed by the person being booked, or from any money deposited with the Kent corrections facility on the person's behalf; provided, that in the event insufficient funds are possessed by the person or deposited on his or her behalf, the corrections facility may take all resonable measures to collect the funds or notify the court and request that the court assess the booking fee or any remaining balance due. C. Appeal of fee. The assessment of a booking fee may be appealed by the person against whom the fee is assessed, or by an attorney representing that person, in the following manner: 1. Time for filing appeal. An appeal of the assessment of a booking , fee shall be filed in writing with the sail no later than fourteen (14) calendar days following the assessment of the booking fee. For the purposes of this section, each time a person is booked shall be deemed a separate instance of the assessment of the booking fee, and the date the person is booked shall ' commence the fourteen (14) day appeal period. 2 Booking Fee - Amendment to Include Appeal Provision I I 2. Manner and location in wh1ch to file the appeal, An appeal to the assessment of a booking fee shall be presented in writing. In the event the person appealing is incarcerated in the Kent corrections facility at the time of the appeal, the person appealing may utilize the correction facility's grievance form to file the appeal. In the event the person appealing is not incarcerated in the t Kent corrections facility, the appeal shall be delivered by mail, in person, or by iersonal service to the corrections facility. Appeals by electronic mail or facsimlie will not be accepted. All appeals shall: (a) state which booking fee is jbeing appealed, (b) state the date the booking fee was assessed or collected. (c) contain a detailed basis for the appeal which explains the reason the booking fee jshould be returned, not assessed, or not collected, and (d) include the current mailing address of the person appealing. The person appealing the fee may also include with that appeal written statements of any witnesses, any other documentation or evidence in support of the appeal, and any written argument. 3. Decision on aopeal. All appeals shall be conducted in written form, and no hearing shall be held. The jail commander, or his or her designee, shall within 30 calendar days following the date the corrections facility receives the appeal, review the written appeal submitted by the person appealing along with any written witness statements, other evidence or written argument, and shall render a decision in writing with a brief explanation of the decision. &D. Return of fee. If the person from whom a booking fee is collected is not charged, is acquitted, or if all charges are dismissed, the corrections facility shall return the amount collected to the person at his or her last known address as listed in the city's booking records If the person appealing the assessment of the booking fee prevails on appeal, the booking fee, or a portion thereof, shall be returned to the person appealing in accordance with the decision on appeal. 1 SECTION 2. - 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. 3 Booking Fee — Amendment to ' Include Appeal Provision SECTION 3. - 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 August, 2006. APPROVED: day of August, 2006. PUBLISHED: day of August, 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%C-AMDINnNCE\ kirg�Idn nU do 4 Booking Fee - Amendment to Include Appeal Provision ' Kent City Council Meeting Date August 15, 2006 Category Consent Calendar 1. SUBJECT: PUBLIC HOUSING SAFETY INITIATIVE PROGRAM — APPROVE AND AUTHORIZE ' 2. SUMMARY STATEMENT: Approve the King County Authority Public Housing Safety Initiative, authorize the Mayor to sign the agreement, and establish a budget. This agreement follows the signing of a Memorandum of Understanding in November 2005 between twelve agencies with a common goal of significantly reducing violent crime and narcotics activity in three federally-assisted housing communities in the Kent area. Springwood Apartments, Valli Kee Homes and Cascade Apartments. Police will staff the complexes with a uniformed Police Officer 26 hours per week and a Community Education Specialist 20 hours per week King County Housing Authority will administer the grant funds to all of the agencies I involved on a reimbursement basis Reimbursement will consist of salaries and benefits, equipment, officer overtime for the Lighthouse program, security cameras and educational materials. This contract is effective from April 1, 2006 through March 31, 2007. 3. EXHIBITS: King County Housing Authority Public Housing Safety Initiative Contract for Services 4. RECOMMENDED BY: Public Safety Committee 8/8/06 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure`? Y Revenue? Y Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund N00206 Amount $191,820.00 Unbudgeted Revenue: Fund N00206 Amount $191,820.00 6. CITY COUNCIL ACTION: ICouncilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6N POLICE DEPARTMENT Charles E Miller, Interim Chief of Police L Phone 253-856-5888 K E N T Fax 253-856-6802 Address 220 Fourth Avenue S WASHINGTON Kent, WA 98032-5895 ' DATE: August 8, 2006 TO: Public Safety Committee SUBJECT: Public Housing Safety Initiative Contract for Services MOTION: I move to recommend that Council approve the Public Housing Safety initiative Contract for Services between the King County Housing Authority and the Kent Police Department, subject to approval by the Law Department, authorize signing of the agreement and place this on the Consent Calendar of the August 18, 2006 Council Meeting SUMMARY: This agreement follows the signing of a Memorandum of Understanding in November 2005 between twelve agencies with a common goal of significantly reducing violent crime and narcotics activity in three federally-assisted housing communities in the Kent area Springwood Apartments, Valli Kee Homes and Cascade Apartments. The United States Department of Justice has selected South King County to participate in this program. 1 The Department's concept of operations revolves around a three prong approach to renewing safety and community confidence through Enforcement, Education and Crime Prevention. We will staff the complexes with a uniformed Police Officer 26 hours per week and a Community Education Specialist (CES) 20 hours per week. Other agencies involved will provide intervention/prevention programs and additional law enforcement/community policing King County Housing Authority (KCHA) will administer all of the grant funds to all of the agencies involved. Kent Police Department will report and send invoices to KCHA on a quarterly basis for reimbursement Reimbursement will consist of salaries and benefits, equipment, officer overtime for the Lighthouse program, security cameras and educational materials The contract is effective from April 1, 2006 through March 31, 2007. EXHIBITS: King County Housing Authority Public Housing Safety Initiative Contract for Services BUDGET IMPACT: None. City of Kent Public Safety Committee Public Housing Safety Initiative Contract for Services IAugust 8,2006 IContract Number: LS-06-004-25 ■ KING COUNTY HOUSING AUTHORITY RESIDENT SERVICES 600 ANDOVER PARK WEST, SEATTI E,WASHINGTON 98188 PHONE(206)574-1100•FAX(206) 574-1104 Contract for Services between the King County Housing Authority and Kent Police Department This Contract is entered into by and between the King County Housing Authority, hereinafter referred to as "KCHA", Kent Police Department and hetematter referred to as-Agency-, whose prneipal office is located at 220 Fourth Ave South Kent, WA 98032. WHEREAS,KCHA has received funds from the Department of Justice to provide patrolling and community education for residents at Sprmgwood and Valli Kee Apartments; and WHEREAS, the Agency has the capacity to provide such services and Valli Kee and Sprmgwood Apartments are located within the City of Kent under the Agency's jurisdiction, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Definitions. The following definitions are applicable to this Contract- A. "KCHA"means the King County Housing Authority. B. "Agency"means the person or other entity entering into the contract with KCHA to perform all of the ' work required under the Contract. C. "HUD"means the Secretary of Housing and Urban Development, its delegates, successors, and assigns, and the officers and employees of the United States Department of Housing and Urban Development acting for and on behalf of the Secretary D. "Contract" means the contract entered into between KCHA and the Agency. It includes the Contract form, the Certifications and Representations,these Contract clauses, and the scope of work It includes all formal changes to any of those documents by addendum, amendment, change order, or other modification. E. `Contracting Officer" means the person delegated the authority by KCHA to administer and/or terminate this Contract and designated as such in writing to the Agency The term includes any successor Conti acting Officer and any duly authorized representative of the Contracting Officer also designated in writing i2. Contract Documents. The clauses set forth in the Contract Documents are hereby incorporated into and made part of the Contract The Agency acknowledges receipt and review of all Contract Documents I applicable to the performance of services and to the premises The Contract shall consist of the following component parts: Tmpi tte Revard U0.0t A. This Instrument; B. Exhibits, as listed, , Exhibit A Scope of Work Exhibit B Project Budget and Livoice Schedule Exhibit C Reporting Requirements Exhibit D Invoice Exhibit E-1 Monthly Participant and Staffing Report Exhibit E-2 Monthly Program Activity Report Exhibit F Monthly Narrative Report Exhibit G Insurance Requirements , Exhibit H Roles and Responsibilities for Maintenance of Facilities Exhibit I Section 3 Certification Requirements Exhibit I-1 Section 3 Certification Form (Agency) Exhibit I-2 Section 3 Certification Form Operatives Exhibit I-3 Section 3 Employment Tracking Foi in Exhibit J-t Weekly Log, Springwood Apartments Exhibit J-2 Weekly Log, Valli Kee Apartments C. All Bid documents, if any D. KCHA's Grant Agreement with DOJ/HUD PHSI and Capital Construction. E. Any modifications duly delivered after execution of tins Contract(see Section 7, Contract t Modifications). 3. Terms of the Contract. A. Duration of Contract. The Contract shall be in full force and effect for a period commencing April 1, 2006 and ending Match 31, 2007 unless sooner terminated,pursuant to Section 8, Default and Termination, herem This Contract maybe extended for additional twelve(12)month periods through written amendments, change orders or other modifications to this Contract B. Scope of Services to be Performed by the Agency. The Agency shall perform those services and reporting activities as described in Exhibit A and Exhibit C attached hereto and incorporated herein The Agency shal I furnish all equipment and supplies reasonably necessary to carry out the purpose of this Contract and shall provide the necessary funding,personnel, supervision and programs to realize the intended purpose of the Contract. No activities other than those necessary for,reasonably related to, and associated with the purpose of this Contract shall be carried out under this Contract_ C. Compensation and Method of Payment. KCHA shall pay the Agency for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein D. The Agency Budget. The Agency shall apply the funds received under this Contract within the maxnnum limits set forth in this Contract and according to the budget itenuzed on Exhibit B The Agency shall request prior approval from KCHA whenever the Agency desires to amend its budget by transferring funds among the budget categories, pursuant to Section 7, Conti-act Modifications, herein E. Employee and Volunteer Screening. The Agency assumes responsibility for screening all employees King County Housing Authority and ' Kent Police Department Contract for Social Sei%ices—Public Housing Safetv initiative Page 2 of 9 Rcv,cd 03105 1 and volunteers who come In contact with vulnerable children and adults as per RCW 43.43.830- 43 43 842, 74 15.010-74.15 030 or any equal or more stringent industry standard i F. Facilities. If the Agency will be using any KCHA Facilities, including community rooms, community buildings, other public spaces and/oi office space,Agency must comply with the terms outlined under the Facility Use Policy of the King County Housing Authority/Roles and Responsibilities for Maintenance of Facilities (Exhibit ff)of this Contract. 4. Independent Contractor, The Agency and KCHA agree the Agency is an independent contractor with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create a relationship of employer and employee between the parties hereto. Neither the Agency nor any employee of the Agency shall he entitled to any benefits accorded KCHA employees by virtue of the services piovided under this Contract KCHA shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Agency,or any employees of the Agency. 5. Assignment of Contract. The Agency shall not assign or transfer any interest under any of the Contract documents without the prior wi itten consent of the Contracting Officer 6. Subcontracting and Subcontractors. A. "Subcontract" means any contract, purchase order, or other purchase agreement, including modifications and change orders to the foregoing, entered into with a subcontractor to furnish supplies, materials, equipment, and services for the performance of the prime Contract or a subcontract B. "Subcontractor"means any supplier, vendor,or finis that furnishes supplies,materials,equipment,or services to or for the Agency or another subcontractor C. The Agency shall not enter into any subcontract with any subcontractor who has been temporarily denied participation in a HUD program or who has been suspended or debar ed from participating in contracting piograms by any agency of the United States Government or of the State of Washington. D. The Agency shall be as fully responsible for the acts or omissions of its subcontractors, and of persons either directly or indirectly employed by them as for the acts or omissions of persons directly employed by the Agency. E. The Agency shall insert appropriate clauses in all subcontracts to bind subcontractors to the terms and conditions of this contract insofar as they are applicable to the work of subcontractors. F. Nothing contained in this Contract shall create any contractual relationship between any subcontractor and KCHA or between the subcontractor and HUD G. The Agency shall report to KCHA any subcontracts it executes with any supplier, vendor,or firm that furnishes supplies,materials, equipment,or services to or for the Agency or another subcontractor. 7. Contract Modifications. King County Housing Authority and Kent Police Department Contract for Social SeMces—Public Housing Safety Initiative Page 3 of 9 aid Dams A. Only the Contracting Officer has authority to modify any term or condition of this contract. Any contract modification shall be authorized in writing and approved by the Executive Director of KCHA, or his designee, and the authorized agent of the Agency B. The Contracting Officer may modify the contract unilaterally-(1)pursuant to a specific authorization stated in this Contract, or(2) for administrative matters which do not change the rights or responsibilities of the parties (e g, change in KCHA address) All other Contract modifications shall be in the form of supplemental agreements signed by the Agency and the Contracting Officer. C. Any modification to this Contract which includes a change in the Total Contract Value shall be in the form of a Change Order signed by the authorized agent of the Agency and the Executive Director of KCHA, or his designee. 8. Default and Termination. A. KCHA may by written notice of default to the Agency, terminate this Contract for any one of the following circumstances. (1) If the Agency fails to perform any of the services or reporting activities specified in Exhibit A and Exhibit C within the time specified herein or any extension thereof, or (2) If the Agency fails to perform any of the other clauses of the Contract,or so fails to make progress on the performance of any of the other clauses of the Contract as to endanger performance of this Contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) days (or such longer period as KCHA may authorize in writing)after receipt of notice from KCHA's Contracting Officer or Property Manager specifying such failure. B. In the event KCHA terminates thts Contract in whole or in part for default as provided above,KCHA may procure, upon such terns and in such manner as KCHA may deem appropriate, services similar to those terminated, and the Agency shall be liable to KCHA for any excess costs for such similar services provided the Agency shall continue the performance of this Contract to the extent not terminated under the provision of this clause The rights and remedies of KCHA provided in this clause shall not be exclusive and are in addition to any other rights and remedies by law or under this Contract C. The Agency shall not be liable for any excess costs if the failure to perform the Contract arises out of causes beyond the control and without the fault or negligence of the Agency Such causes may include, but are not restricted to acts of God, casualties, and labor disputes If the failure to perfomn is caused by the default of a subcontractor, and such default arises out of causes beyond the control of both the Agency and the subcontractor, and without the fault or negligence of either of them, the Agency shall not be stable for any excess costs for failure to perform. D. This Contract may at any time be terminated by either party giving the other party thirty (30)days written notice specifying the nature, extent and effective date of the termination If the Agency's insurance coverage is canceled for any reason, KCHA shall have the right to terminate this Contract immediately Further, KCHA may terminate this Contract in whole, of from time to time in part_for KCHA's convenience,or due to changes in the availability of funding to support Contract activities. King County Hooting Authority and ' Kent Police Depaitnient Contract for Social Services—Public Housing Safety Initiative ' Page 4 of 9 Remsed 08hx ' E. If the termination is for the convenience of KCHA, KCHA shall be liable only for payment for services rendered before the effective date of the termination. F. Upon receipt of notice of termination, the Agency shall immediately discontinue all services affected (unless the notice directs otherwise)and shall deliver to KCHA all information,reports, papers, and other materials accumulated or generated in performing this contract, whether completed or in process. 9. Waiver and Severability. A. The failure or delay of either party to insist on performance of any provision of the Contract,or to exercise any right or remedy available under the Contract, shall not be construed as a waiver of that provision,right, or remedy in any later instance Waiver or breach of any provision of the Contract shall not be construed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract, unless the Contract is modified pursuant to Section 7, Contract Modifications, herein. B. If any provision of the Contract is or becomes void or unenforceable by operation of law, the remaining clauses shall be valid and enforceable. 10. Disputes and Dispute Resolution. A. In the event of dispute arising under this Contract, the Agency shall immediately notify the Contracting Officer in writing of its contentions and submit its claim(s). The Agency shall proceed with its work in compliance with this Contract, but such compliance shall not be a waiver of tile Agency's rights to make a claim provided KCHA has been notified as above stipulated ' B. In the event of any dispute, claim, question or disagreement arising out of or relating to this Contract or the default thereof,KCHA and the Agency het eto shall use then best efforts to settle such disputes, claims,questions or disagreement. To this effect,KCHA and the Agency shall consult and negotiate with each other in good faith and, recognizing their mutual interests,attempt to reach a just and equitable solution satisfactory to both parties. If KCHA and the Agency do not reach such a solution 'A ahm a period of thirty(30) days after KCHA was initially notified of the dispute, claim, question of disagreement,the parties agree to try in good faith to settle any dispute by mediation administered by the American Arbitiation Association under its Commercial Mediation Rules or another nationally recognized mediation organization,before resorting to litigation or any other dispute resolution procedure. Each party shall pay its own expenses in any mediation proceedings,but in any arbitration or litigation proceeding which ensues of neither negotiation nor mediation have been successful, the prevailing party shall recover its reasonable attorneys' fees and costs incurred therein,which amount shall be included in the judgment or award entered in the matter. 11. Prohibition Against Liens. The Agency is prohibited from placing a hen on KCHA's property. This prohibition shall apply to all subcontractors at any tier and all material suppliers. 12. Iiideiamification and Hold Harmless. A. Agency shall indemnify and hold KCHA, its officials,officers,employees, volunteers,and agents; King County Housing Autlionty and Kent Police Depai nnent Contract for Social Seri ices- Public Housing Safety Initiative Page 5 of 9 Newsai QH/o5 KCHA's master or ground lessor, partners and lenders(all hereafter"lndemnrtees") harmless from and , against any and all claims, losses, costs and damages for Injury to the person or property of anyone or any entity ansmg from(i) Agency's use of the Premises, or(it) the conduct of The Agency's business, or (in)from any activity, work or things done, permitted or suffered by The Agency in or about the Premises or elsewhere, whether caused in whole or in part by the negligence of Indemnitees. Agency shall indemnify and hold Indemnitees harmless from and against any and all for injury to the person or property of anyone or any entity arising from Agency's use of the Internet which may include, but is not limited to, issues or application of(a)necessary filters, blockers, parental-control utilities, use of ratings or other software/hardware to safeguard against intoning or outgoing Internet content objectionable to children or adults, and to otherwise protect the welfare of children, (b) licensing agreements or contracted usage fees,copyrights, trademarks, or intellectual property; (c) Constitutionally-protected freedom of speech and information, and expression; (d) privacy rights; and(e) Federal, state, and local laws. Agency shall further indemnify and hold hmdemnitees harmless from and against any and all claims, costs and expenses arising from any breach or default in the performance of any obligation of The Agency under this contract, or arising from any act or omission of Agency,or any of The Agency's agents, contractors,employees, volunteers, or invitees. In case any action or proceeding brought against Indemintees by reason of any matter covered by Agency's mdenunty obligation, upon notice from KCHA, Agency shall defend the same at Agency's expense by counsel reasonably satisfactory to KCHA, and KCHA shall cooperate with Agency in such defense, indemmtees need not have first paid any such claim in order to be so indemnified The Agency, as a material part of the consideration to KCHA, hereby assumes all nsk of damage to property of Agency or Injury to persons, in, upon or about the Premises arising fiom any cause, and The Agency hereby waivers all claims in respect thereof against Indemni tees The Agency shall pay all attorneys' fees,witness fees and costs incurred by Indent utees in connection with any matter covered by The Agency's indemnity obligation, or in enforcing The Agency's indemnity obligation B. The Agency hereby agrees to require anyone acting under its direction or control or on its behalf in , connection with or Incidental to the pertonuance of this Contract to execute an indemnity clause identical to the preceding clause, specifically naming KCHA as mdenmitee, and failure to do so shall constitute a material breach of this Contiaet by the Agency. 13. Insurance. A. The Agency agrees to comply with the insurance requirements described in Exhibit G. B. The Agency hereby certifies that the Agency and each subcontractor has, and shall maintain for the duration of this Agreement, Workers' Compensation insurance m accordance with Washington Workers' Compensation laws Id. Title to Property Acquired. A. Property acquired with funds received from KCHA pursuant to this Agreement which cost five hundred dollars($500)or more.per item_and which has a useful life of one year or more, shall become the property of KCHA and shall be considered to be only on loan to the Agency. King County Housing Authority and Dent Police Department Contract for Social Services—Public Housing Safety initiative Page 6 of 9 Revised 08/OS t ' B. The Agency shall use such property only for Program purposes,exercise reasonable care for its maintenance, and be responsible for any loss, damage, or disappearance The Agency shall mark each such item of property with KCHA property tags upon acquisition; complete inventory cards in duplicate for each purchase—one for the Agency and one to be forwarded within five days of purchase to KCHA; maintain a ledger entitled"Equipment,Furniture, and Fixtures" showing expenditures for equipment and such other inventory records as may be required by KCHA, and make a physical inventory of property purchased with prop-am funds conveyed through this Contract at least once per year and reconcile the ' results with the pioperty records Any loss, damage, or disappearance of propeity acquired with Program funds conveyed through this Contract shall be reported to KCHA immediately ' C. Upon the expiration or earlier termination of this Contract,or upon the completion of the Program,all such property and all finished or unfinished documents and materials prepared by the Agency with Program funds conveyed through this Contract shall, at the option of KCHA, be considered the property of KCHA and forwarded to KCHA upon request. Any and all products, pros am designs,or other written materials created in whole or in part by the Agency or its agents or employees with the support of KCHA funds shall be the property of KCHA during the term of this Agreement and after its expiration or termination. 15. Audits and Inspection. The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review or audit by KCHA or any other government agency so authorized by law during the performance of this Contract KCHA shall have the right to request a copy of the Agency's most recent financial statement at any time during the duration of this Contract. 16. Grievance Procedure. If available, the Agency shall provide a copy of the Agency's written client grievance procedure to KCHA within fifteen(15)days of the execution of the Contract and shall make copies of the client grievance procedure available to clients, if requested. i17. Organization Conflicts of Interest. A. The Agency warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under this Contract and the Agency's organizational, financial,contractual or other interests are such that (1) Award of the Contract may result in an unfair competitive advantage; or (2) The Agency's objectivity it performing the Contract work may be impaired. ' B. The Agency agrees that if after award they discover an organizational conflict of interest with respect to this Contract, they shall make an immediate and full disclosure in writing to the Contracting Officer who shall include a description of the action which the Agency has taken or intends to take to eliminate or 1 neutralize the conflict KCHA may, however, terminate the Contract if it deems the action to be in the best interest of KCHA i C. In the event the Agency was aware of an organizational conflict of interest before the award of this Contract and intentionally did not disclose the conflict to the Contracting Officer, KCHA may terminate the Contract for default. (See also Section 8, Default and Termination ) King County Housing Authoi ity and Kent Police Department ' Contract for Social Services—Public Housing Safety initiative Page 7 of 9 Revved 03/OS D. The provisions of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the sere ices provided bx the Agency The Agency shall include in such subcontracts and consulting agreements any necessary clauses to ehimnate or neutralize conflicts of interest 18. HUD Requirements A. Subcontracting with Small and Minority Agencies, Women's Business Enterprise, and Labor Surplus Area Firms: The Agency shall take the steps to ensure that,whenever possible, subcontracts are awarded to small business firms, minority firms, women's business enterprises, and labor surplus area firms- Any subcontracts shall require pivoi- ATi n en approval of KCHA. B. Equal Employment Opportunity: During the performance of this Contract, the Agency shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, sexual orientation or disability In addition, the Agency shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion. sex,national origin. or handicap, where with regard to handicap a reasonable accommodation can be made. Such action shall include, but not be limited to, (1) employment, (2) upgrading,(3)demotion, (4) transfer, (5)recruitment or recruitment advertising, (6) layoff or termination, (7) rates of pay or other forms of compensation,and (3) selection for training, including apprenticeship. C. Interests of Members of Congress. No member of or delegate to the Congress of the United States of America shall be admitted to any share or part of this contract or to any benefit to arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. D. Interest of Members, Officers, Commissioners and Employees, or Former Members,Officers and , Employees. No member, officer, or employee of KCHA, no member of the governing body, and no other public official who exercises any functions or responsibilities with respect to KCHA, shall, during his or her tenure. or for one year thereafter, have any interest, direct or indirect, in this Contract or the proceeds thereof. E. Limitations on Payments Made to Influence Certain Federal Financial Transactions. The Agency ' agrees to comply with Section 1352 of Title 31, United States Code which prohibits the use of Federal appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with any of the following covered Federal actions the awarding of any Federal contract; the making of any Federal grant, the making of any Federal loan; the entering into of any cooperative contract; or the modification of any Federal contract, giant, loan, or cooperative contract. The Agency further agrees to comply with the requirement of the Act to furnish a disclosure(OMB Standard Form LLL. Disclosure of Lobbying Activities) if any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid or will be paid, to any person for influencing or attempting to influence an officet or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative contract. F. Examination and Retention of The Agency's Records. KCHA, HUD, or the Comptroller General of , the United States, or any of their duly authorized representatives shall, until six (6)years after final King County Housing Authority and Kent Police Department Contract foi Social Sei vices—Public Housing Safety initiative Page S of 9 az„ua owos payment under this Contract,have access to and the right to examine any of The Agency's directly pertinent books, documents,papers, or other records involving transactions related to this Contract for the purpose of making audit, examination,excerpts, and transcriptions, provided such infonrnation is not subject to attorney-citent privilege. 19. Dissemination or Disclosure of Information. The Agency shall not disseminate or disclose infortriation or ' material concerning this piolect to the general public, the news media, or any person or organization without prior express written approval by KCHA,except as required by state law governing access to public records. 20. Integration and Merger. This Contract, including attachments and documents incorporated herein by reference,constitutes the entire agreement between KCHA and the Agency related to the subject matter of ' this Contract The rights and remedies afforded to either party pursuant to any part or provision of this Contract are in addition to any other rights and remedies afforded by any other parts or clauses by this Contract,by law or egtnty or otherwise. 21. Notices. Any notices required or permitted by this Contract shall be in writing and shall be either personally delivered or sent by first-class mail,certified with return receipt requested, and addressed to the parties as follows: ' If to KCHA• If to Agency: Linda Stevens Sergeant Tracey Gurr Area Administrator Special Operations Unit King County Housing Authority City of Kent, Police 600 Andover Park W 220 Fourth Ave South Tukwila, WA 98188 Kent, WA 98032 IN WITNESS WHEREOF,the parties signing this Contract warrant and represent for themselves and for their respective organizations that they are duly authorized to sign this Agreement, and that upon such signing their respective organizations ale bound thereby KING COUNTY iTSING AUTHORITY KENT POLICE DEPARTMENT tv BY: BY: Stephen J_N man Executive Nrector Kent Police Chief or Designee 600 Andover Park West 220 Fourth Ave South Seattle, A 98188 Kent, WA 98032 DATE:�t b 6 DATE: i King County Housing Authority and Kent Police Department Contract for Social SerV ICCS—Public Housing Safety Initiative Page 9 of 9 PRnL ed usros EXHIBIT A - SCOPE OF WORK ' KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE Contract#: LS-06-004-25 OVERVIEW OF CONTRACT: ' Contract Period: April 1, 2006—March 31, 2007 Funding Source(s): DOJ/HUD PHSI ' Total Contract Value: $191,820 Provision of Services: The Kent Police Department will provide services that include community policing, patrol, reporting and participation in on-site youth progranwning at Valli Kee and Sprmgwood Apartments. fit perfommng such services, the Agency shall at all times comply with all Federal, State and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used to connection herewith KCHA may, subject to the provisions contained in Section 8, Default and Termination, by written notice of default to the Agency, terminate this Contract foi (a) acts by the Agency outside of the scope of described services or(b) failure to pet-form any of the services or reporting activities specified in this Contract GOAL OF WORK TO BE PERFORMED BY AGENCY: ' By providing the services outline below over the contract period, the Agency will reduce crime and enhance safety at Valli Kee and Sprmgwood Apartments. To be measured by: Goal 1: Achieve a 15-20°�o reduction in Part 1 and Part 2 crimes using 2005 as a base year 2005 Baseline S rin.,wood Apartments: Part 1 Crimes 125 incidents Part 2 Cannes 45 incidents Valli Kee Apartments: , Pat[ l Crimes 12 incidents Part 2 Crimes l 1 incidents Goal 2: Improve residents' perception of safety by 10% as measured by a resident survey. Baseline: To be established tit early 2006 King County Housing.Authority and , Kent Police Department Contract for Social Services—Public Housing Safety Initiative Exhibit A—Scope of Work Page I oft Trnilatt 4105 EXHIBIT A - SCOPE OF WORK KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE iSCOPE, OF WORK TO BE PERFORMED BY AGENCY: The Agency shall provide community policing, patrol, reporting and participation in on-site youth programming including, but not limited to, the following- Description GOAL 91: Aim to achieve a 15%"�20%'fvduction in Part 1 and Part 2 crimes using 2005 as a base year _ Objective I: Establish law entorcement presence _ 1. Re-establish a substation at • Be-inning April 1, 2006 provide regular substation office Sprmgwood Apartments hours at Sprmgwood/Valli Kee for a minimum of 26 hours per week. 2. Develop prevention and • Beginning April 1, 2006, provide a civilian Community educational strategies for diverse Education Specialist 20 hours per week. populations 3. Implement a bicycle patrol at . Beginning June 1, 2006. each site to enhance foot patrols • Two (2) overtime emphasis bike patrols per week Objective 2: Create environment where crime is less likely to occur l. Conduct an environmental • One(1)assessment of each property per year. assessment of both communities and improve outdoor lighting 2 Analy7e viability of security • June 2006 through December 2006 camera project 3. Install and maintain wireless • January 2007 video security camera at each site Objective 3: Improve communication with residents about police roles 1. Informally or at organized + Eighty (80) adult/youth resident contacts per month community meetings, establish conducted during storefront of patrol duties,40 Valli Kee communication with adult and 40 Sprmgwood ' residents 2. Provide translated materials and • As needed. translators to facilitate communication with residents including materials about the prole of police Objective 4: Educate residents on crime reporting mechanisms and crime prevention L. Provide educational meetings a Beginning May 2006 with residents to explain the use • To be combined v.ith the crime prevention meetings below of 911 2. Provide a residential assessment • Beginning September 2006 of homes with recommendations • Four(4) homes per month 2 at Sprmgwood, 2 at Valli for crime prevention actions Kee(may be counted towards individual crime prevention King County Housing Authority and Kent Police Department Contract for Social Services—Public Housing Safetv Initiative Exhibit A--Scope of Work ' Page 2 of 4 Tarphm 1/OS EXHIBIT A - SCOPE OF WORK ' KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE ' education contacts). Objective 5: Establish positive rapport with vouth 1. Participate in KYFS' Lighthouse . After program is up and running(approx September 2006), Youth Progam at least one police officer will attend approximately 52 sessions a year for 3 hours each. 2. Via foot, bike or car patrols, To be included m Goal 1, Objective 3 engage youth in informal conversation Objective 6: Work with federal law enforcement agencies 1. Participate in ATF and DEA . As scheduled training provided by Steering Conmm ttee 2 Coordinate wrth ATF and DEA if + As needed law enforcement action is ' tanned or occurring GOB �:` tih u e tg ' e iil its s ifOty-aft tWili- -themm iri creme -prevention activities Objective 1: Survey resident on their perception of safety 1. Develop survey tool • June 2006 2. Administer and analyze survey • Survey wriII be conducted by Kent Police Department • Establish baseline data with a pre-services survey • Perform survey mid grant ' • Perform survey end of grant Objective 2: Provide community education 1 Work with KCHA staff to . Provide four(4) a year, 2 Valli Kee and 2 Springwood. oiganize crime prevention . Provide translated crime prevention materials and arrange resident meetings for translation services. 2. Develop and deliver educational • Beginning May 2006 programming on crime . Twelve(12)classes per year with 15-25 residents per class prevention, drug education, 911 Sixty(60)crime prevention education contacts per month, and government 1 30 Valli Kee and 30 S nn wood j Obective 3: Assist residents in acces ing Victims' Assistance Programs 1. Assist residents who have been victims of crones in accessing the . As needed Victims' Assistance Program at . Provide translation services if needed. the state and local levels 2. Assist resident victims in learning • As needed. how to advocate on their own a Provide translation services if needed. behalf within state and local systems , Objective 4: Establish access to comTn" tion information 1 Open substation regularly for a schedule for substation residents to access infor mation rs with contact information at management office then need King County Housing Authority and ' Kent Police Department Contract for Social Services—Public Housing Safety Initiative Exhibit A—Scope of Work Page 3 of Template 4105 EXHIBIT A- SCOPE OF WORK KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE 2. Conduct a patrol by bike of the • Two(2) times per week property to uniform Reporting 1. Submit monthly sumunary • Monthly quantitative and narrative data 2. Provide additional reports and • As needed, if the release of information would not crime data as requested by compromise, damage orleopatdize an ongoing criminal Coalition Coordinator investigation and there is no immediate threat to life or safety of residents or staff ' 3. Provide weekly log to area • Weekly property manager of Sprmgwood and Valli Kee PHST Coalition Participation 1 Appropriate staff attend quarterly Quarterly. Law Enforcement Subcommittee ' meeting as coordinated by the US Attorneys Office 2. Appropriate staff attend monthly • Monthly service coordination meeting 3. Work with partners as new • As needed. opportunities develop from the PHSI Coalition's work r ' King County Housing Authority and Kent Police Department Contract for Social Sen ices—Pubi r Housing Safety Initiative ' Exhibit A—Scope of Woik Page 4 of 4 renyla a 4105 EXHIBIT B- PROJECT BUDGET KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE TOTAL CONTRACT VALUE; $191,820.00 ' KPD PHSI Budget—April 1, 2006 to March 31,2007 Cost Description KCHA Budget Total PERSONNEL Persommel $ 78,470 00 $ 78,470 00 Overtime Hour-LI$11111OLtse Pai tics ation $ 18,420 00 $ 18,420 00 PERSONNE1,SUBTOTAL $ 96,890.00 $ 96,890.00 FRINGE BENEFITS Frml>e Benefits $ 19,030 00 $ 19,030 00 FRINGE BENEFITS SUBTOTAL S 19,030.00 $ 19,030.00 ' EQUIPMENT Secuiity Cameras $ 28,800 00 $ 28,800 00 Lighting and Poles $ 5,000 00 $ 5,00000 EQUIPMENT SUBTOTAL $ 33,800.00 $ 33,800.00 SUPPLIES Police Officer RadiorMamtenance $ 3,000 00 $ 3,00000 Laptop $ 1,000 00 Breveles and bicycle gear $ 2,10000 $ 2,10000 Culturally specific materials $ Z000 00 $ 7,00000 Stipplieq for vouth events $ 2,00000 $ 2,00000 Translation services $ 14,000 00 $ 14,000 00 Translated crime mievention materials $ 3,50000 $ 3,500 00 Office su lies $ 1,000 00 $ 1,00000 SUPPLIES SUBTOTAL $ 35.600.00 $ 35,600.00 OTHER Background Checl s $ 1,50000 $ 1,50000 Vehicle Maintenance $ 5,000 00 $ 5,00000 OTHER SUBTOTAL $ 6.500.00 $ 6.500.00 PROGRA,Nl TOTAL $ 191,820.00 $ 191,820.00 King County Housing Authority and i Kent Police Department Contract for Social Services - ' Public Housing Safety Initiative Exhibit B - Project Budget Pate 1 of I EXHIBIT C -REPORTING REQUIREMENTS KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE ' Monthly Data Reports: The Agency shall submit a Data Report, to KCHA no later than ten (10) days after the close of each Contract Month The format for the Client Data Report is attached as Exhibit E Monthly Narrative Reports: The Agency shall submit a Narrative Report, providing an overview of project progress and achievements, to KCHA no later than ten (10) days after the close of each Contract Month. The format for the Narrative Report is attached as Exhibit F. Monthly invoices: The Agency shall submit an Invoice to KCHA no later than fifteen (15) days after the close of each Contract Month, as described within the Ptoject Budget and Invoice Schedule (see Exhibit B) The invoice format is attached a, Exhibit D Schednle of Program Activities: The Agency shall submit to KCHA a written Schedule of Program Activities regarding the services and activities supported through this Contract The Agency shall notify KCHA in writing of changes to this schedule. ' Insurance: Certificates of insurance and relevant endorsement evidencing coverage as required by the social seivices contract shall be delivered to the Contracting Officer of KCHA before execution of the Contract. Information regarding insurance requirements is provided in Exhibit G attached on the contract. Taxpayer Identification and Certification: The Agency shall submit to KCHA a completed W-9 "Request for Taxpayer-Identification and Certification"Form with the executed Contract. Copy of Grievance Procedure: If available, the Agency shall provide a copy of the Agency's written client grievance procedure to KCHA within fifteen (15)days of the execution of the Contract Monitoring and Coordination: At least once during the duration of this Contract, KCHA will visit the Agency to monitor contract progress The Agency shall be expected to work as a team member and coordinate efforts with KCHA on-site management, KCHA Resident Services staff and other service providers. 1 King County Housing Authority and Kent Police Depaitment Contract for Social Services—Public I lousing Safety initiative Exhibit C—Repoi n ng Requirements ' Page I of I Teurptam Bev4ed 03/03,05 EXHIBIT D-INVOICE KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE AGENCY'S INVOICE Kent Police Department Invoice No 220 Fourth Ave South Kent,WA 98032 Invoice Period Project Title. Contract No Public Housing Safety Initiative LS-06-004-25 Contact Person Sergeant Tracey Gurr Contract Period Contact Phone Number 253-856-5828 April 1, 2006 to March 31, 2007 Cost Description KCHA Budget Previously Billed Current Invoice Balance Available , PERSONNEL Personnel $ 78,470.00 $ 78,470.00 ' OH -Lighthouse Participation $ 18,420.00 $ 18,420 00 FRINGE BENEFITS , Fringe Benefits $ 19,030.00 $ 19,030 00 EQUIPMENT Security Cameras $ 28,800 00 S 28,800 00 Lighting and Poles $ 5,000.00 S 5,00000 SUPPLIES Police Officei Radio/Maintenance $ 3 000 00 S 3,00000 Laptop $ 3,00000 S 3,00000 Bicycles and bicycle gear $ 2,10000 S 2,10000 , Culturally specific materials $ 7 000 00 S 7,00000 Supplies for youth events $ 2,00000 S 2,00000 Tianslation services $ 14,000 00 S 14,000 00 Translated crime prevention materials $ 3,50000 S 3,50000 Office supplies $ 1,00000 S 1,000 00 OTHER Background Checks $ 1,500.00 S 1,500 00 Vehicle Maintenance $ 5,000.00 $ 5,00000 PROGRAM TOTAL $ 191,820.00 S 191,820 00 TOTAL. REIMBURSEMENT REQUESTED-THIS INVOICE $ - INVOICE CERTIFICATION I, the undersigned,do hereby certify under penalty of perjury,that the materials have been furnished, the services rendered or the labor performed as described herein, and that the claim is a just, due and unpaid obligation against the King County Housing Authority and that I am authorized to authenticate and verify to said elann Typed Name&Title Authorized Signature Date King County Housing Authority and Kent Police Deparunent Contract for Service-I'nbht Housing Safety hvtiatrve E%hibrt D-Invoice Page I of I Revised 04/05 � . z o & � U) 3c ~ � �e c M \ 0 j I ` ) — E o \ { 7 b % ( - ° ID f \ @ � � { CD C � Q. / f } § _ ■ » _ 5 . 1b9 @ zG } 2 \ � . 0 ® k � � } / } \ } > G f § ? $ j0 2 / / J A ® � § & 2f : \ ' J o ee r { 2 = . n m = / ( } [ 0 \ \ z\ Co / } \ } o47 ° as , E / f r � � > 0 ( } \ > § � January \ F q ` < 2 February # c _ . f � ` Mar ^ \ \ \ � m# z# / f } kApril \ ¢ \ ° May \ 7 n c $ \ 9 ® ` IJune • e m»i} C t _ M / ^` / August� / \ K s_September \ \ C)° , TOTAL ' J 2 � oar \ November o ` o mm \ TOTAL ` ANNUAL ,� � � N ti n n a m `0 a ti m n 0 0 m a o m m m w T m m Q � m' a CD cp -•. N " C2 W 0 c. y o o m c�,� o > > N o "-' 3 o Q �� a coo m v >..,� 0 CD J 3 3 v m m a o o a n 0 0 `G 0 3 a o � m m y = 0 0 m $ a D w <o w' � m y o 000 � o 0 0 o �. w ] O 0 `� 0 `O 3 0 ;:I_ - w 3 wf m 3 av w °1 o $ c y m m c T 3 o a in oCr w N mac - m n w ot. 3 x m m< a, o. 3 0 (D 'a$ m w m U 3 ° m p 0 0 w --1 Cu m w 3 -n D D (a b m m -0 o o c° o 0 0 o m o o o $ w m o ^m $. < S N rn m u', m F v n D v w o o � 1� N '« Boa c O n n = O c o o v w m 3 m a = 3 3 3 m Z a. n @CD ry a s w 0 m $ < o ° sn N ry a fJ 0 0-0 ` x ; C7 b a o <% January Z, C O + n w a IV February L -- :3 March .4 a o 0 0 0 0 0 0 0 o TOTAL April May a C fJ � c June 9 m ro 0 0 0 0 0 0 0 0 o TOTAL H July w August CL m D Septembe a. � m 0 0 0 0 0 0 0 0 0 o TOTAL October A November ? O c December � m 0 0 0 0 0 0 0 0 o TOTAL ANNUAL 0 0 0 0 0 0 0 0 o TOTAL m F m o n CD CL v ° 3 m n m 01- � m � s w o o w m o ° a- m o, ° n 3 w a 3 m a v O w m �, v ;� m m D o cn a CS m < `m-" m 0 61 0 0 m ➢ 3 3 T. m a x m m c �. m m o m o o o o v v v s v 3 mQD m v v CD ➢ 91 m m y � j (A Cb 3 3 m C 0 3 f/i m N 3 W m m m F o 3 m CC m m n ➢ O -1 m ?mv o CO c ➢ m 3m 3om 3 ➢ o o m m m m m m m Q N 0� 3Sco? m mo o m o 01 _ cCr - 5C m mm CD Am m ° 3 CN,r 1 s �' o mom. rn c m a 3 3 3 f o � 0 l ►r iri c January to Cr1 n `sJ Ci7 v a February 10 m w March a 01� N a �• w ry o 0 0 0 0 0 o TOTAL Z 5 y In April Z May a A Cz7 c June a, m b 0 0 0 0 0 o TOTAL O H July v August a D D -u Septembe z m m o 0 0 0 0 0 o TOTAL m October P November p December � m 1 0 0 0 0 0 o TOTAL ANNUAL 0 0 0 0 0 o TOTAL n O Q O cep Q O fA (Tj R < sn Qno g n fl �Y odc� m m Q mCD F m m ( R m - m m Q 3 3 m m s m m c o d u S'Amn F n m M m m 0 n 3 -0 cO T w 0 N m 3 m 0 N � CD ° � N �'• N m O H 3 _ J fJ �.: m N A O n rn < 0a co a] o � -4m rn < -0 N -0 N m N f m (A " n b n vm mXm 0o m vw cm Gm m c to Ci7 o m a w ICD N m o aoai C F}�Y y % OT• �. W 03 d D N January 377 A 9 c February March � C TOTAL Z > April May A �y June IV 0 0 0 o a 0 0 0 - o TOTAL my w W August a 0 Ao Septembe m tD 0 0 0 0 0 0 o p o o TOTAL i` October A November A C December TOTAL ANNUAL a o 0 0 0 o a o car `_ o TOTAL M _ Q � � m o m o m (p o U O � a m v C'7 (D O w Cr o vD, (DO O (D 0 '6 N a (D m m 0 m Q C J O O Q G N = G (fin L w J d d y J d A a C N J 0 N Z3 O p N < O 3 Q N O 0 T Q _ O Op 9I O' (D m 3 'l O J fy/vvf� ]. w O N (D F� N 3 � W N = O N O O o C m N N r) N f0 O N h.l rC�ry f 3 (D n N N fj O O C) O b rn ` O O O ✓7 0 r m O� 'Tl � 2 C January oil a a February f171 It "3 ra m U March a o 0 o TOTAL Z ra zy April > May a D CrJ June j CC7 m � 0 0 o TOTAL O July y H August 0. x D o Septembei 0 v m � 0 0 0 o TOTAL m October A November ? D c December CD m 0 0 o TOTAL 0 0 0 ANNUAL TOTAL EXHIBIT F—MONTHLY NARRATIVE REPORT KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE Report Period (Months and Year): This narrative report is meant to accompany the quantitative data report and be a means of providing more detailed mfonnation about the activities critical to KCHA's goals. Part I: Goal Report Please report the successes and/or challenges as well as the more mforinal opportunities you may have had to connect with prob am participants around the core goals Please provide a narrative update for each of the objectives under the goals. Goal I: Achieve a 15-20% reduction in Part I and Part 2 crimes,using 2005 as a base year • Discuss Part I and Part 2 crime reduction advances • Establish law enforcement presence • Create em iroament where crime is less likely to occur • Improve communication with residents about police roles • Educate residents on crime reporting mechanisms and crime prevention • Establish positive rapport with youth • Work with federal law enforcement agencies Goal 2: Enhance the residents safety and their perception of safety by involving them in crime prevention activities • Survey resident on their perception of safety • Provide community education • Assist residents in accessing Victims'Assistance Programs • Establish access to community education information Kmg County Housing Authoiuy and Kent Police Depainnent Contract for Services—Public Housing Safety Initiative Exhibit F—Monthly Nanatiue Report Page I of 2 EXHIBIT F—MONTHLY NARRATIVE REPORT KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE Part 11.-Staffing li{formation KCHA supports the development of partners through community-based organizations Please report any changes or additions to programming provided by unpaid volunteers, community based organizations or new staff. • Community Based Organizations o Have you recruited or utilized community-based organizations as partners this quarter? o What workshops/classes or program support did they provide • New Staff o Have you had a change in program staff? Describe the circumstances under which this change was made o If so,please attach the new staffs resume to this narrative. �j REPORTING SCHEDULE: This Narrative Report should be submitted to KCHA no later than ten(10) days after the close of each Reporting Period Reporting Period Report Due Apt 11, 2006 May 10, 2006 May,2006 .Tune 10, 2006 June, 2006 11-fly 10, 2006 July, 2006 ,august 10,2006 August, 2006 September 10, 2006 September, 2006 October 10, 2006 October, 2006 November 10, 2006 November, 2006 December 10, 2006 December, 2006 January 10, 2007 Januarv, 2007 February 10, 2007 February, 2007 March 10, 2007 March, 2007 Aril 10, 2007 t King County Housing Authority and Kent Police Department Contract for Services—Public Housing Safety Initiative Exhibit F—Monthly Narrative Report Page 2 of 2 EXHIBIT G—INSURANCE REQUIREMENTS CENTER FOR CAREER ALTERNATIVES PUBLIC HOUSING SAFETY iNI'TIATIVE Requirements for Insurance: The Agency shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or darnages to property, which may arise from or in connection with the Agency's operation. Ail insurance shall be carded with companies, which ate financially iesponsible and admitted to do business in the State of Washington, and carrying a B+ VI rating, according to AM Best's Insurance Rating Guide,most recent edition. The cost of such insurance shall be borne by the Agency. Required insurance Coverabe: Commercial General Lrabihty- Commercial General Liability coverage with a minimum coverage of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limn shall apply separately to these premises or the general aggregate limit shall be twice the required occurrence limit. Professional Liabrhty Insurance (If required). The Agency shall maintain or ensure that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Contract, either directly or indirectly, involve providing professional services_ Such professional liability insurance shall be maintained in an amount not less than $1,000,00000 per claim/aggregate. For the purpose of this paragraph, `professional services" shall mean any set-vices provided by a physician, licensed psychologist,or other licensed professional The Agency's general liability policies shall contain, or be endorsed to contain, the following clauses (1) KCHA, its officers, officials, employees and volunteers are to be covered as additional insured with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the Agency, if any. (3) The Agency's insurance coverage shall be primary insurance as respects KCHA, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained or expired by KCIiA, its officers, officials, employees or volunteers shall be excess of the Agency's insurance (3) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially changed, except after thirty (30) days [ten (10) days for cancellation for non-payinent of premium] prior written notice by certified mail, return receipt requested, h&;been given to KCHA Maintenance of Insurance Maintenance of the proper insurance for the duration of the Contract is a material element of the Contract. Material changes in the required coverage or cancellation of the coverage shall constitute a material breach of the Contract. Certificates of Insurance and Endorsements: The Agency and each subcontractor shall furnish KCHA with certificates of insurance with relevant endorsements show ing the required insurance is in force and will insure all operations under the Contract. King County Housing Authoi ity And Center forCaieci Alternati%es Contract for Social Services—Public Housing Salety initiative Exhibit G-tnsuiance Requirements Page i of ver 03/03105 EXHIBIT H —ROLES AND RESPONSIBILITIES FOR MAINTENANCE OF FACILITIES KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE Overview: The following sets forth the roles and responsibilities of KCHA and the Agency for the facilities provided by KCHA and described in Section I below KCHA and the Agency mutually agree to perform their roles and responsibilities to the best degree practicable and to work together cooperatively to resolve any concerns 1. Description of Facilities: KCHA does hereby agree to lease to the Agency the following described real estate located at. Valli free Houres 23401 104it'Ave SE,Recreation Hall Kent, WA Sprnlirood Apartments 27405 129"'Pace SE, Small office within the Property Management Office Kent, WA 98030 2. Definitions. The following definitions are applicable to this Contract A. "Repair" means the correction of any malfunction or deficiency of equipment, systems, fixtures, attachments, or hardware in the building or home Repair shall not include the Agency's equipment and machinery B. "Replacement" means that when repair does not correct the malfunction or deficiency of equipment, systems, fixtures, attachments, or hardware, actual replacement of the deficient item or system will occur Replacement shall not include the Agency's equipment and machinery. C. "Maintenance"means the proper upkeep of any part of a unit or building to ensure its ongoing operation and attractiveness in the community's interest. D. "Ordinary and Reasonable Wear and Tear"means the normal, day-to-day use of property, equipment and facilities over the expected life of the property, equipment and facilities. Questions or concerns related to the expected life of specific property, equipment or facilities should be referred to KCHA-Housing Management, and KCHA-Housing Management will make the final determination regarding all such issues. (See Section 9 tot contact information). E. "Resident Services" means the depattinent at KCHA responsible for monitoring and evaluating the Agency's progress towards its goals and outcomes as stated in Exhibit A. F. "Housing Management"means the deparnncnt at KCHA responsible for issues related to maintaining KCHA facilities, including compliance to expectations stated in Exhibit H. King County Housing Xuthority and Kcnt Police 6epat miani Contract for Services—Public Housing Safety lolubative Erlubtt FI—Roles and Rccponsi btlmes tot Maintenance of Facilities Page I of 8 Rer 11105 EXHIBIT H—ROLES AND RESPONSIBILITIES FOR MAINTENANCE OF FACILITIES KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE 3. Maintenance Roles and Responsibilities for Damages. A. Agency Roles and Responsibilities for Damages: (1) The Agency agrees to maintain the facilities in a manner that does not create any health and/or safety hazards for i esidents, users of the facility, or the surrounding community The Agency shall operate the facilities it uses in a reasonably energy conseivative manner and shall maintain the facilities in an orderly and clean condition at all nines. The Agency shall be responsible for routine cleaning activities to ensure the facilities remain in compliance with the standards described in Section 4, Compliance with Basic Conditions and Standards (2) The Agency shall notify the appropriate KCHA-Housing Management office(See Section 9 for contact information)as soon as possible of any maintenance issues and needed repairs or replacements to the property, equipment and facilities to ensure that all such property, equipment and facilities can be maintained in proper working condition and free of hazards and to ensure that the facilities remain to compliance w ith the standards described in Section 4, Compliance with Basic Conditions and Standards If such repairs or replacement are in keeping with ordinary and reasonable wear and tear, the Agency shall not be charged for such repairs or replacement. (3) The Agency shall be responsible for any and all damage to the facilities resulting from its activities beyond ordinary and reasonable wear and tear caused by acts of the Agency, its agents, subcontractors or invitees and shall be billed by KCHA-Housing Management for the costs of repairing such damages The Agency agrees to pay or secure a mutually agreeable payment schedule within 30 days of the wtitten receipt of the amount owing (4) The Agency acknowledges that the facilities are a part of a complex that may be occupied by other agencies and tenants. The Agency agrees to conforin to rules and regulations that apply to all common areas(i.e., disposition of rotten food, excess boxes, elates, etc.), in conforinity with local housing codes, KCHA policies and standard practices,and the Basic Conditions and Standards herein, including the observation of fire-safety piecautions and the participation in an annual fire- safety training B. KCHA Roles and Responsibilities for Damages: (1) KCHA-Housing Management shall not perform routine janitorial and/or cleaning activities within the facilities, but shall perform other maintenance activities, needed repairs or replacements to the property, equipment and facilities, if notified by the Agency, to ensure that the facilities remain in compliance with the standards described in Section 4, Compliance with Basic Conditions and Standards If such tepairs or replacement are in keeping with ordinary and reasonable wear and tear, the Agency shall not be charged for such repairs or replacement. (2) KCHA-Housing Management shall repair damage beyond ordinary and reasonable wear and tear as may occur, or make such repairs as are requested by the Agency provided that KCHA-Housing Management shall present the Agency with an itemized bill for such repairs for which KCHA- Housing Management believes the Agency to be iesponsilile Such bills shall reflect the costs actually incurred by KCHA,including overhead expenses KingCounty Housing Authont}and Kent Ponce Npainnent Contract for Services -Public Hougrng Safety Itvuahve Exhibit H- Roles and Reaponctbihnes tot Maintenance offacilities Page:of A Rev 11105 EXHIBIT H — ROLES AND RESPONSIBILITIES FOR MAINTENANCE OF FACILITIES KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE (3) KCHA-Housing Management agrees to maintain and repair the roof, outside walls, floors and structural part of said facilities. If damage to the roof,outside walls, floors and shucture are caused by acts of the Agency. its agents, subconti actors or invitees, KCHA-Housing Management shall repair the damages and bill the Agency. (4) KCHA-Housing Management shall be responsible for pest(e.g., rodents or insects) control provided that the Agency prepares the facilities for actions required for such control This responsibility shall not obligate KCHA to additional pest control expenses beyond normal KCHA levels if pest control problems are caused by a genera] lack of cleanliness and inappropriate stora.e of food by the Agency (5) KCHA-Housing Management shall maintain the surrounding grounds and parking lot. (6) In the event the facilities are damaged to such an extent as to render them uninhabitable in whole or in part and KCHA-Housing Management elects to repair or rebuild, the work shall be prosecuted without unnecessary delay. If after a reasonable time KCHA-Housing Management fails to proceed to repair or rebuild, the Agency shall have the nght to declare this Contract terminated by written notice served on KCHA In the event the building, in which the facilities are located, shall be destroyed or damaged to such extent that in the opinion of KCHA it shall not be practical to repair or rebuild,it shall be optional with KCHA to terminate this Contract by written notice to Agency within twenty days after such damage or destruction. 4. Compliance with Basic Conditions and Standards. A. The Agency's Roles in Ensuring Compliance with Basic Conditions and Standards: (1) The Agency shall be responsible for routine cleaning activities to ensure the facilities remain in compliance with the Basic Conditions and Standards outlined below If inspections conducted by KCHA representatives find the agency to be in non-compliance with items stated in Section 4,C., Basic Conditions and Standards, an agency will be required to lure a Janitorial service provider. j (2) The Agency shall notify the appropriate KCHA-Housing Management office as soon as possible of any maintenance issues and needed repairs or replacements to the property, equipment and facilities to ensure that all such property, equipment and facilities can be maintained in proper working condition and free of hazards and to ensure that the facilities remain in compliance with the Basic Conditions and Standards. B. KCHA's Roles in Ensuring Compliance with Basic Conditions and Standards: The Housing Authority shall not perform janitorial and/or cleaning services within the facilities, but shall perform other maintenance activities, needed repairs or replacements to the property, equipment and facilities, if notified by the Agency, to ensure that the facilities remain in compliance with the Basic Conditions and Standards. King County Housing Authority and Kent Police Depaitment Coalma tforServices—PubheHousing Safetyhuhanve Exhibit H—Roles and Respons&htiec torn Maintenance of Facilities Page 3 of 8 Rev 11105 EXHIBIT H—ROLES AND RESPONSIBILITIES FOR MAINTENANCE OF FACILITIES KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE C. Basic Conditions and Standards: The Housing Management department of KCHA will work with the Agency to ensure the following haste conditions and standards are implemented and maintained (1) Structure: KCHA Shall be sound and free of dry rot or other structural deficiencies (2) Walls: Agenev Shall be clean, free of dirt, grease, holes,cobwebs, and fingerprints. (3) Floors and Carpet: ,4genc, Shall be clean, clear,dry and free of hazards. (4) Ceilings: Agenct. Shall be clean and free of cobwebs and hazards. (5) Woodwork: ;lgencr Shall be clean, free of cuts, gouges,or scratches. (6) Plumbing: Agency Shall be free of materials which might cause clogs or drainage problems Commercial drain cleaners shall not be used within the facility Agency shall notify KCHA-Housing Management immediately of any problems, maintenance or repair needs in relation to the plumbing system KCHA Shall be in proper working condition and free of leaks, clogs and drainage problems. (7) Heating Units and Furnace(as applicable): Agent-v Shall be dusted and access should be uncluttered Items, especially combustibles,shall not be stored in the proximity of heating units and/or furnaces in such a way as to create a fire hazard. KCHA. Shall be in proper-working condition. Cleaning and replacement of furnace filters, if applicable,every six months (8) Fire Alarm/Safety Systems(i.e. smoke alarms, etc.): Agency Shall be in proper working condition and shall ensure that facility users do not dismantle or interfere with any Fire or life safety systems Shall replace batteries as needed and shall notify KCHA immediately of any problems, hazards and maintenance or repair needs in relation to all fire and life safety systems. KCHA- Shall be in proper working condition and batteries shall be replaced as necessary. fnspections shall he completed at least twice yearly (9) Lighting: Ageacv Lights bulbs shall be replaced as needed. KCHA Shall be in proper working condition. (10)W indoors: Agency Shall be clean and windowsills and frames shall be free of mold and mildew. Windows shall be intact and not nailed shut. Shades or blinds shall be intact. King County Housing Nmhonty and Kent Police tkparnnent Contimet for tiervice,—Public iousmg Safety Initiative Exhibit H—Roles and Recponsibihnes for Nlamtenan,e of Facilities Page 4 of g Rev 11105 EXHIBIT H— ROLES AND RESPONSIBILITIES FOR MAINTENANCE OF FACILITIES KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE KCH4 Proper locking devices shall be installed and in proper working condition. Windows shall be intact and not nailed shut (II)Doors: Agency: Shalt be clean, free of grease and fingerprints Doorstops shall be present. Agency shall notify KCHA itunediately if locks are broken and not working pioperly to secure facility KC114 Exterior doors shall have properly working locks, shall be in proper working condition and be weather-tight (12)Sinks: Agency: Shall be clean, free of grease and garbage,and free of hazards. Dirty dishes shall be washed and put away daily Commercial drain cleaners shall not be used within the facility. KCHA Shall be in proper working condition and free of leaks, clogs and drainage problems. Garbage disposals, if any,shall be in proper working condition. (13)Toilet and Tank: Agency Shall be kept clean and odor free. Commercial dram cleaners shall not be used within the facility. KCHA Shall be in proper working condition and free of leaks,clogs and drainage problems. (14)Tubs and Showers: Agenc-v Shall be clean and free of excessive mildew and mold. Where applicable,shower curtains shall be in place and of adequate length to ensure water is not spilled from shower. Commercial dram cleaners shall not be used within the facility KCH,4 Shall be in proper working condition and free of leaks,clogs and drainage problems. (IS)Stove/Oven: Agency Shall be clean and free of food and grease KCH,4• Shall be in proper working condition (16)Refrigerator: I Agency. Shall be clean Freezer door shall close properly and freezer shall have no more than one inch (1") of ice build-up. KCHA Shall be in proper working condition. (17)Ezhaust Fans: Agenci Shall be free of dust and grease. KCHA. Shall be in proper working condition. (18)Food Storage Areas: Agency Shall be neat and clean without spilled food. (19)Cabinets: Agency Shall be clean and neat. Cabinet surfaces and countertop shall be free of grease and spilled food. Cabinets shall not be overloaded Storage wider sink shall be hnuted to small or lightweight King County I-lousing Authonty and Kent Police Department Contract for Services—Public Housing Safety initiative Exhibit H—Roles and Responsibrhties to, Maintenance of Facilities Page 5 of.', Rev 11105 EXHIBIT H—ROLES AND RESPONSIBILITIES FOR MAINTENANCE OF FACILITIES KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE items to permit access for repairs. Heavy pots and pans shall not be stored under the sink. Countertops shall be clean and free of gouges, scratches and other damage. (20)Closets and Other Storage Areas: Agenell Shall be neat and clean Areas shall be free of safety hazards. Items shall not be stored in or around the hot eater heater and furnace. Sufficient access to water and heating equipment shall be maintained to allow for necessary repairs and maintenance Flanunable items shall not be stored within the dwelling unit, on patios, carports of storage units (21)Trash and Garbage: Agenei, Shall be disposed of properly and not left in the unit. Shall be stored in a covered container until removed to the extet tor disposal area. (22)Rodent and Insect Infestation: Agetio, Facilities shall be clean, food shall be stored appropriately and trash and garbage shall be removed promptly. Shall prepare the facilities for actions required for rodent and insect control. Facilities shall be free of rodent or insect infestation. KCHA Shall be responsible for appropriate rodent or insect control actions. Facilities shall be free of rodent or insect infestation 5. Improvements and Alterations to Facilities. Any improvements, alterations or remodeling to or upon the facilities shall be made at the sole expense of the Agency, but only after obtaining the prior written consent of KC11A Such statement of consent shall not he unreasonably withheld, but may include such appropi late conditions as KCHA may require The Agency agrees to accept the decision of KCHA in determining which alterations must be restored to their original condition upon terra nation of occupancy and to pay the cost of such restoration of alterations, provided such determination shall be explicitly stated in KCHA's consent for such alterations. A. Fixtures. All fixtures attached to the facilities solely by the Agency may be removed by the Agency at any trine provided (1) That the Agency shall restore the facilities to their condition prior to the installation of the fixtures, , normal wear and tear excepted, (2) The Agency shall not then be in default, and (3) That the removal will be made on or before the expiration of the term or any extension thereof. B. Signs. All signs placed by the Agency on or about the facilities shall be subject to KCHA's prior written approval. 6. Use of Facilities for Religious Events or Activities. Religious organizations and residents seeking to utilize KCHA's facilities for activities which feature a religious focus or religious expression, such as bible study groups, shall be accorded access to KCHA facilities on the same terins as other organizations or residents and King County Hommg Ainhorny and Kent Pohre Depoitment Contract for Servlcts -public Housing Safety initiative Exhibit H—Roles and Responsibilities for Maintenance of Facilities Page 6 of 8 Rer 11105 EXHIBIT H—ROLES AND RESPONSIBILITIES FOR MAINTENANCE OF FACILITIES KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE shall be held to the same restrictions and requirements governing the use of those facilities. Such religious use of KCHA's facilities will be evaluated by appropriate representatives fioui KCHA, including members from Housing Management, Resident Services and Administrative Services, to ensile that the use is not so intensive as to constitute an excessive entanglement of KCHA in religious matters which may violate the Establishment Clauses of the United States Constitution or the Washington State Constitution. Religious use which may constitute such an excessive entanglement niaN, include, but not be limited to, regularly scheduled 1 religious services sponsored by a particular religious organization or the use of KCHA facilities as a base of operations for a particular religious organization. 7. Community Facility. The community buildings, community rooms and other public spaces (individually and collectively "Community Facility or Facilities")provided by the KCHA within its developments are intended primarily for uses which serve the interests and promote the general welfare of residents of those developments KCHA shall provide access to these Community Facilities at no cost to a Sponsor A sponsor can be any of the following KCHA resident, resident councils/fonnal resident organizations, non-profit organizations, government agencies, or non-resident The Community Facilities are designed for one-time uses. KCHA shall pay the cost of reasonable utilities including heat, lights, water, sewer and garbage for the Community Facility. If a Sponsor needs to use a Community Facility on a regular basis, KCHA will execute a Contract or a Letter of Agreement with the Sponsor. These Community Facilities are not for rent on a commiercial basis nor will their use be permitted for activities which solely provide individual, personal financial gain or which solely serve commercial purposes To use a Community Facility, sponsors must coordinate vi-ith appropriate KCHA Pot tfolto Office representative for permission If a Community Facility is being managed by an Agency through a contract with KCHA, Sponsors must cooidinate with appropriate Agency representative for permission Sponsors will be given a copy of King County Housing Authority s Facility Use Policy by the KCHA Portfolio Office or by the Agency 8. inspections. A. The Agency agrees to cooperate with KCHA to ensure completion of routine inspection of systems, including but not limited to smoke alarms, life safety systems and heating/furnace equipment Inspections shall also address items set forth under Section 4, Compliance with Basic Conditions and Standards. Inspections will identity any improvements or repairs considered appropriate to ensure conditions are safe and meet the standards set forth in Section 4 Representatives from Resident Services and Housing Management shall complete inspections two(2) tines per year. B. KCHA's agents may enter the facilities covered by this Contract at reasonable times and intervals to make such inspections as KCHA-Housing Management shall consider necessary, to effect any improvements or repairs considered appropriate, to identify unsafe conditions and to ascertain compliance with the Basic Conditions and Standards herein. Except in cases of emergency, KCHA shall consult with Agency and, insofar as possible, make such inspections and repairs at mutually convenient times KCHA shall have the right of inspection upon written two (2) days notice for the semi-annual building inspections and repairs as requested by the Agency KCHA reserves the right to repair and bill the Agency for aortal costs of repairs caused by the action or inaction of the Agency, its agents, subcontractors or invitees King Countv Housing Authority and Kent Police Departnxnt Contract foi Services—Public Housing Satety initiative Exhibit H—Roles and Responsibilities tot Maintenance of I actbnes Page 7 of 3 Rev 11105 EXHIBIT H —ROLES AND RESPONSIBILITIES FOR MAINTENANCE OF FACILITIES KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE 9. Notices For questions or issues related to maintenance and use of Facility,Agency should contact Kathy Harris Valli Kee Hones 23401 104"'Ave SE Kent, WA 98031 (253) 856-1872 Teham Bowman Springwood Apartments 27360 129"'Pace SE Kent, WA 98030 (206) 315-4360 For issues or questions related to program services and activities (See Exhibit A), Agency should contact Linda Stevens Area Administrator King County Housing Authority 600 Andover Park West Tukwila,WA 98188 (206) 574-1358 lindas(,'�keha.ora i 1 King County Housing Authority and Kent Police Dcpai anent Contract for Services—Public Housing Safety lmtianve Exinint H—Roles and Responsibibnes foi Maintenance of Facilities Page 8of3 Rev 11105 EXHIBIT I - SECTION 3 CERTIFICATION REQUIREMENTS KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE Purpose of Section 3 Requirements: The work to be performed under this Contract is on a project subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S C. 1701u (Secton 3) The purpose of Section 3 1`; to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part 135, which implements Section 3 As evidenced by their execution of this Contract, the parties to this Conti act certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations Agency Requirements: The Agency agrees to send to each labor organization or representative of workers with which the Agency has a collective bargaining agreement or other understanding, if any,a notice advising the labor organization or workers'representative of the Agency's commitments under this Section 3 clause, and will post copies of the notice ui conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth mimtnum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin The Agency agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Pat t 135 The Agency will not subcontract with any subcontractor where the Agency has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR Part 135. The Agency will certifv that any vacant employment positions, including training positions, that are filled(1) i after the Agency is selected but before the Contract is executed,and (2)with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not tilled to circumvent the Agency's obligations under 24 CFR Pat t 135. The Agency agrees that 30%of any new employees hired in the course of administering this contract must meet Section 3 qualifications. Compliance with this obligation will be considered as part of the contract renewal. The Agency shall submit a Section 3 Certification form [see Exhibits 1-1 and I-2 (Section 3 Certification Forms), quarterly Section 3 Employment Tracking form(see Exhibit I-3),and Exhibit C(Reporting Requirements)]. Non-Compliance: Non-compliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this Contiaet for default, and debarment or suspension from future HUD-assisted contracts. King County Housing Authority and Kent Police Depai invent Contiaet for so'tal seiutcec—Public Houemg safety Ininatiae brhihtt I-section 3 Cc,irficanon Requirements I Page 1 of 1 Rev OilOti EXHIBIT I-1 - SECTION 3 CERTIFICATION FORM (AGENCY) KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE jarKING COUNTY HOUSING AUTHORITY SECTION 3 CERTIFICATION FORM (Agency to return this Section 3 Certification Form ONLY) Sechon 3 of the Housing and Urban Development (HUD) Act of 1968, as amended, requires that Housing Authorities and agencies receiving HUD funding encourage, to the greatest extent possible, the hiring of low- income persons. To this end,we ask that you provide the following information: Based on the chat t below, were any of your current staff s income, for at least one of the past three years, at or below the low-income limit listed for his or her household (circle one)? YES NO If YES,were any of these individual(s)Housing Authority Resident(s) (circle one)? YES NO If YES, how many? Family Low-Income Limits (per year) For King or 1 2 3 11 4 5 6 7 8 Snohomish Counties Person Persons Persons I Persons Persons Persons Persons Persons Income in$ 41.700 47,700 53,650 1 59,600 64,350 69,[50 73,900 7S,650 For Pierce County 1 2 3 4 5 6 7 8 Person Persons Persons Pei sons Persons Persons Persons Persons Income in $ 34,800 39,750 44,750 49,700 53,700 57,650 61,650 65,600 For Skagit County 1 2 3 4 5 6 7 8 Persons Persons Persons Persons Persons Persons Persons Persons Income in $ 31,750 36,300 40,800 45,350 1 49,000 52,600 1 56,250 59,900 For Thurston 1 2 3 4 5 6 7 8 County Person Persons Persons Persons Persons Persons Persons Persons income In $ 37,050 42,300 47,600 52,900 57,150 61,350 65,600 69,850 I certify that of my staff, for at least one of the immediate past three years, has/have been at or below the low-income level as designated above Signature Date Title King County Housing Authority and Kent Police Department Contract for Social Seib ices-PLINK Housing Safety Initiative Exhibit 1-1 -Section 3 Certification Foma(Agency) Page I of I Rev 01/06 EXHIBIT 1-2-- SECTION 3 CERTIFICATION FORM (OPERATIVES) KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY'INITIATIVE 12111 KIN(;COI iNTY HOUSING AUTHORITY SECTION 3 CERTIFICATION FORM (To be distiibuted to opei An es of the A gency dnectly connected with the provisrou of contracted set-vices) Section 3 of the Housing and Urban Development (HUD) Act of 1968, as amended, requires that Housing Authorities and agencies receivni" HI ID funding, to the gteatest extent possible, direct that funding to businesses that provide econonuc oppoirwutics to low- uieome persons To this end,we ask that you provide the following infoniiation Name: Address: Date of Hiring. Housing Author try Resident(circle on YES NO Based on the chart below,please indicate whether your income, for at least one of the past three years, was at or below the low-income limit listed for your household I My income level, for at least one of the past three years, was at or below the low-income limit(cuele one) YES NO Family Low-income Limits(per ear) For King or Snohomish Counties I Person 2 Person 3 Pei soil 4 Peison 5 Person 6 Person 7 Pei soil 8 Person Income m 5, 41,700 47,700 53,650 59,600 64,350 69,150 73,900 78,650 For Pierce County l Person 2 Person 3 Person 4 Person 5 Persou 5 Person 7 Person 8 Person Income in S 34,800 39,750 44,700 49,700 53,700 57,650 6t,650 65,600 For Skagit County 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person Income m$ 31,7>0 36,300 40,800 45,350 49,000 52,600 56,250 59,900 For Thurston County I Person 2 Person 3 Person 4 Pei son 5 Person 6 Person 7 Person 8 Person Income m 37,050 42.300 47,600 52,901) 57,150 61,350 65,600 69,850 I certify that my income,for at least one of the immediate past three years,has been at or below the low-income level as designated above rSignature Date Titre King County Housing AulhowN and Kent Police Department Contract for Social Sen ices-Public Housing Safety Initiative E%hihit 1-2-Section 3 Certrticanon Pom(Operatives) Page I of I Rev 0 1/06 i W CG W F p a U W Lcl x a � O � � 0 aa � aFW W II II 11 II 11 L z � q ¢ O a � (� zO4 ¢ q � � Tw �t H °d JW_ 3 ova O WAS n !' �!i ' v ��a7 w z z x a o Q m ^Vl �y C PLO ca 00 n p -Y W w U 0 o � � a Q\a A W Z � H _ Him `" ; � cC y I-, ,W, W ac�u 3 � azow � *, A oxH � QaA w R L R � 7 � .. V R Y Y � m CL O cz oo m a"s � Lij ij � m U R y � � o i 4 Y y R O ~ O -p _ Z) y N d C N N 7 7 y V.: Y O O (0 U (D m N m C Cn ce O C U U D -0 -O .T. O T.� O O -O O N ' O E - U y0 ro `m nN a) a) Na� m m o m a) n c c O` y 7 0 0p 0 N C U a) Ln a p O C O O R 0 O n. 30 ZSLL 0Un � S � m v c W 0 � m cn �I m ai c o E. y O Z n. ar Mri L N W c0 (yi E � J LLCL �+ W Co a am '' �< 4) Xl RO N Q. W _ W a E 0 O 0 w c eo .0 H Cn O j cu U ,>' Oy D N U > > Q- N O U C C 'D CO y L O 47 m N O C — O U U -O y O 0 T V.. y_ O O_ L to N y C ro (D m � Q � y � w � � � � a� � c NY .Q N `-�- O U N O Co0� �I� 7 0 N >. O 0) O rI 7 C E U p i i 70 0 0 m C U N -O 0+ O 0 0 0 O o. �r zMU- UD co cuwcl ¢ a c> > (.) Ud E E 2 Kent City Council Meeting Date August 15, 2006 Category Consent Calendar 1. SUBJECT: S. 228TH MILITARY ROAD WIDENING —APPROVE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the S. 228th Street Military Road Widening project as complete and release retainage. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 60 r Kent City Council Meeting Date August 15, 2006 Category Other Business I1. SUBJECT: GARBAGE COLLECTION ISSUES 2. SUMMARY STATEMENT: The City's solid waste collector determined approximately 6,000-7,000 residents may not be signed up for the minimum level of garbage service as required by Kent City Code and began sending notices to affected residents to sign up or be subject to enforcement. An initial batch of 3,000 letters were sent in late July and resulted in numerous phone calls to City staff and Councilmembers as well as local news coverage. The Public Works Committee is recommending that Council adopt a resolution making an advisory recommendation to administration to temporarily suspend the enforcement penalties related to this issue until it can further receive and consider public feedback Administration will continue working with the solid waste collector to send the remaining notices and assist residents with meeting the mandatory service requirements. 3. EXHIBITS: Public Works memorandum 4. RECOMMENDED BY: Public Works (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund Amount S i6. CITY COUNCIL ACTION: Counctlmember L �moves, Councilmember Aseconds to recommend that Administration temporarily suspend enforcement of the penalties related to mandatory garbage service within the City of Kent in order for administration to consider public feedback regarding this issue. iDISCUSSION: ACTION: Council Agenda Item No. 7A r PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KENT Fax: 253-856-6500 WASHI.GTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 9, 2006 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 7, 2006 From: Mike Mactutis P.E., Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Garbage Collection Issues Motion: ❑ Required ❑ Not Required ❑ For Information Only Move that council resolve to recommend that administration temporarily suspend enforcement of the penalties related to mandatory garbage laws within the city of Kent in order for administration to consider public feedback regarding this issue. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract ❑ Policy ❑ SOP's ■ Other — Request from Council 1 Governing Policies Procedures Rules & Regulations: KCC 7.03.020 Solid waste, recyclable materials, and yard waste collection, City map, Ord. #3253 and sample letter sent to citizens. Background/History: The City of Kent has required a minimum level of service for solid waste pickup, since at least 1986. This requirement is codified in KCC 7.03.020. At least 16 cities in King County require minimum level of garbage pickup. The minimum level of service in Kent is monthly collection of a 32 gallon container for a residence and weekly collection for commercial customers. Recycling service is provided at no extra cost. There are several exemptions to this minimum requirement. The City has several good reasons for this requirement which provide for protection of the health, sanitation and environment in the City. There are a significant number of complaints of public nuisance in the City. Staff responds to this through collection of illegal dumping as well as code enforcement. Staff collected 216 truckloads of illegally dumped garbage in 2005 and has logged over 600 cases of garbage nuisance in 2006. Staff is estimating that approximately 90% of the garbage nuisance cases are with residences that do not have garbage service. Requirement of a I minimum level of garbage pickup also gives the City the opportunity to advocate citizens about cleanup and recycling opportunities and availability. Participation of all residents in minimal levels of garbage pickup allows for a more equal distribution of costs for waste management and recycling. The requirement for minimal required levels of garbage pickup is included in the contracts with Allied Waste and Waste Management, the City's two contractors for garbage pickup. The current contracts extend to 2011. P VANxUdmoiSupTWCorn atwUowwPnge dw l Residents have been notified through various avenues. These include the City website, cleanup event fliers and in City utility billings. City and Allied staff have been sending notices to property owners since 1999 on a case by case basis. Prior to 2001 newly annexed residents were granted a five year grace period to sign up for the minimum level of service. Effective 2001, all future annexations automatically fall under the requirements of the City's contracts. Allied Waste does the utility billing for garbage service and recently acquired software that allows them to extrapolate lists of residents not signed up for service. Based on this list, a letter was sent to 3,000 residents in July 2006; of the 6,000 customers without service. Over 300 residents have signed up for service with allied as of Monday, August 7, 2006. The City has received over 250 phone calls and is actively working to quickly respond to all calls. The City and Allied will review the results of the first batch of mailings later in August. A smaller batch of notices will be mailed in the future and staff will continue active enforcement of garbage nuisance cases. The City will also continue to notify residents of the minimum mandatory requirement through the web site, clean up event fliers and utility bill inserts. Recommendations: Clarification of motion from Public Works Committee due to the difference between, non service compliance enforcement verses enforcement for violations related to illegal dumping and complaint enforcement. P IPuGGcWdmmSy.IPWCommrtecUdranPngeAac z � O 1 C6 1 � W 1 � 1 E 1 � � o v CiN � O 4-J � a1 UC.LQ t j V) Jc 4 i +� r� r� a� o E fu fu f t 4) u a) 0 L C: U . .� 'U) o U U C U Q� .> 0 m � L. p (1) N U L o 4. N � L O (100 , J 4-J f� U N .� .0 � U U U o-o E w E .- X ._ ui 4-J -O Q i E u. o o4 - ._ > o U C O n ,- Lu > v O u �, .� 4-J �--+ 4-) to a C� � aL' to 0 U . v � CD f y-. M ._ u O �--+ � N � ca � c C!� _ . . �- 01 4-1 O .� O �- = Q- u � c: oo �n0r n O 'E 0) 0 CO)- 0> u., (23 fu — Q L. mo 07 V) i=:i 0. W W I r 0 1 W � V . ° -i--+ L ru Ct5 0) a-' � (f) o 1 -� > r6 u { rt o i O - fu wo o � r� ♦ j r . t es,N:4 �, ;`"t-:;f1 a-„..,....°,..—"tS1 - '.* � "�`= .�.y'r'—i�_� r; ,�. r° • 1 `1.�.!•�-- / br_7fC •". ,j 1F' _ j^' A. �/ to CL co 4-1 'a Y t t t •' ,_, L3- _spa, t#•r ,� •� i ° t'- f '`_ _ /� 1 {`�i 4 __ a,'"'ar-� t� Yy.4 ti r� �Zy i�.!°•• � '7`-��` _����f�,ii..,�" � �• It t ��''�� _,y,! t'�y- SA•�T��V�^t `!r*- i^'_�'t :,•o-"a iij#i � '•�W� ^��" .,..�.=:� ` , • }� ....•ate 'I..,} b�". .S1.o' .M 5* `-•-�-,,,.., —. „'c„� *� �� t..i_t .•t � �-•tith'� � �,...ry^,}�'•�• � cu 1 `Y � iI ) ' �T Y� j j� " � •�-F- T—�*6.' '' �������5 y �µ i•.. 4-1 Y t� v,CU Y IT it cu , a t � 31�3••���� 1. �ii Y�Y -� ��`'''• �.,�j,•.. .)jz i cf. tl-.'--* �' :.��: T-I O (3) r Q L „� O u �- O ,0 4-J •� O s- n ,V Q. >G O O — r � O U ca 4-J O ra 1 Q U � � � � V ca CAI t� L. O '0 0) E .Z5 E O �' [o L u 4-J X 0 1 U ern w :3 C r ♦ ♦ 1 r a--J 70 U) a� L. 1 0 J Ul I E - 0 .,,_, y-- 1 -, .- V) O i L. w E E 07 t 0 fa 4- V o ro o o Ln C: o 41 >� f U o ._ o ._ 0 Cam.. U o o N :4-J < o o u p �> N Ln (1) (1) Q. � Q Q t 1 cE ., . o � t 4m t co E Ln +� 0. 4 O c a a� 1 � — ZoC aJ — >4 O - fo � C- Z3 -0 > rD > 1 a� U U U 57 1 ♦ 1 1 70 i > mo C: Z i f E -� (� Q. 4- 0 z cn Q O I .— O fU Q� -� V V M. I fu Q) a� � L V p O I � z U ■_ r U ,-1 I � r r o 1 0 1 t'.0 a) 1 o D o �o 0 1 N �o Q — a� a. v a. 1 � o o 0 I L. Q V - L � V •� L L f oy r p O 4-' � � f 4� L N 0 o � � o Q) 1 o 0 o > i O d- > m O 1 r ♦ ♦ r r 1 t 1 � U) C6 � �- 4-J fi o o L 00 1 • — o o �. to V Q) i V L. ru 1 o a) ) U U4) 4 a� .— cn I cu ._ E o � - 1 cn v 1 1 1 Cam • f 0 � � 1 1 1 1 1 t t t 7.03 020 Solid waste, recyclable materials, and yard waste collection. A. Solid waste and recyclable materials - Collection required. Solid waste and recyclable ' materials collections shall be made by collection companies as authorized by the city. Except as provided in subsections (B) and (C) of this section, all persons and properties within the city shall use the solid waste and recyclable materials system and service of the utility under contract with collection companies and it shall be unlawful for any person, other than those duly L authorized by the city to haul solid waste and recyclable materials through the streets of the city or to dump solid waste and recyclable materials Except as provided in subsection (B) of this section, all persons and occupied property shall be subject to and responsible for the ' minimum level of service and associated charges for service for residential and commercial solid waste and residential and commercial multifamily recyclable materials, as applicable, whether or not such persons and property use the service. The director may, upon a showing that a ' person or property produces no solid waste and recyclable materials, waive the minimum level of service requirements of this section. B. Commercial permitted haulers. Those commercial and industrial business establishments having prior established permits to haul their own solid waste may continue to haul such solid waste by annual permit. Renewal permits shall be issued upon application and payment of the annual permit fee. The annual permit fee shall be as follows: 1 Permit holders hauling less than one hundred fifty (150) tons of solid waste per month, one hundred dollars ($100); 2. Permit holders hauling greater than one hundred fifty (150) tons of solid waste per month, seven thousand five hundred dollars ($7,500). Any permit holder, as provided for in this subsection, shall haul garbage at least once a week for public health reasons. C. Self-haul. Nothing in this section shall limit the occasional hauling by customers of solid waste and recyclable materials from their specific property to an approved site if the minimum level of service for such is paid for by the customer. Yard waste collection by collection ' companies is voluntary to the customer, therefore, a customer may self-haul yard waste to an approved site and not pay the minimum level of service for such. (Ord. No. 2841, § 2(7.08.020(A) - (C)), 3-21-89; Ord. No. 2870, § 4(7.08.020(A) - (C)), 8-22- 89; Ord. No. 3253, § 1, 11-21-95; Ord. No. 3289, § 1, 4-3-96; Ord. No. 3541, § 1, 2-6-01) t t t s 1 1 .�.9 t l R r _ r g *t ti 4 h�•_ ,*„ ,�,.n,-�,t tl,7�r i�h r ji --�{�,--e���—"�,.--.-. S.� � � '^"""�2^�a�r � ' E i trfii.• ��r+���,'., kiv e;. �. - ! .f i ( �L.t � '1`w/�.�r �w w 1._. { �y�/ � ,w ,�;y�. � M��;c..6 ei,...i. � e M':•,, �-• . .... ...., f i ZA ,� I R. ]{ Po <31}fi g ti}�, f IT oil C .... ""' � � ✓l. r ` to- Is �[ F�_iy-a' ft E .a.19 `17 I * 4 - _.. p... %'_ ,,,,,{ ..FHA., I r. ! e' i 1-7 -- _ ` �*+ ^^ oS _...,.... tt s� .. �I .�.>°Je E '". �•� t—i- t ✓ / zo— BB 1 1 1 1 1 Ordinance No . 3253 ["Beginning July 1 , 1998"] (Amending or Repealing Ordinances) Amended by Ord. 3541 r i i r ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to mandatory minimum garbage service in ' annexation areas. O Q THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: �^ �g170 section i . Amendment. Section 7.03.020 of the Kent City _Code is hereby modified as follows: d3 02 Sec. 7.03.020. Garbage collection by collection companies. A. Garbage collections shall be made by garbage and refuse collection companies as authorized by the city. B. It shall be unlawful for any person, other than those duly authorized by the city to haul garbage through the streets of the city or to dump garbage. Those commercial and industrial business establishments having permits to haul their own garbage and refuse may continue to haul such garbage by annual permit. Renewal permits shall be issued by the city clerk upon application and payment of the annual permit fee. The annual permit fee shall be as follows: 1 r 1. Permit holders hauling less than one hundred ' fifty (150) tons of garbage per month, one hundred dollars ($100. 00) ; 2. Permit holders hauling greater than one ' hundred fifty (150) tons of garbage per month, seven thousand five hundred dollars ($7,500.00) . Any permit holder, as provided for in this subsection, shall haul garbage at least once a week for public health reasons. rC. This section does not apply to the occasional hauling by residential customers of refuse to an approved site if the minimum level of garbage service is paid for by the residential customer, except as set forth in subsection D. D. In annexation areas_ residential customers may occasionally haul refuse to an approved site and not be required to pay the minimum level of service if those customers held that riaht prior to annexation - however, this exemption from minimum level of service payments for residential self-haulers shall only be available for a period not to exceed five (5) years from the date of annexation or until the City'sgarbage collection comoan,/ contractor a sum s collection responsibility in the ' annexation area whichever o urs i sr t 2 r r Section 2 . Savings. Kent City Code Section 7.03 . 020, which is amended by this ordinance, shall remain in full force and , effect until the effective date of this ordinance . Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The , invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. ' Section 4 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. IM WHITE, MAYOR ATTEST: BRENDA JACOBE CI Y CLERK APPROVED AS TO FORM: -_ - RO R A. LUBOVICH, CIT EY 3 ' PASSED the o2 day of APPROVED the a day of 19 7S. ' PUBLISHED the `�� day of / 19 I hereby certify that this is a true and correct 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 hereon indicated. BRENDA JACO ER, CITY CLERK SZLRMUL.ord i 1 4 PUBLIC WORKS ENVIRONMENTAL ENGINEERING , Michael Mactubs, P.E. Environmental Engineering Manager 400 West Gowe KE O T Kent, WA 98032 ' WnSH1NGTON Fax 253-856-6500 PHONE: 253-856-5S00 July 21, 2006 RE: Mandatory Garbage Service Dear : ' Our records show you do not have current garbage service with Allied Waste. Within the City of Kent, garbage service is a mandatory requirement. Kent City code 7 03.020 states that all persons and property shall be subject to and responsible for the minimum level of garbage service, whether or not such persons and property use the service. The Code was adopted primarily to minimize illegal dumping and littering and to minimize the costs for collection services. This provides for distribution of the costs of recycling and solid waste management equitably among all residents. In addition, as garbage customers, residents are able to participate in special curbside collection programs and curbside recycling at no additional cost. There are many different levels of service available to you. According to the Code, the minimum level of service you are required to subscribe to is one 32 gallon can collected once per month. Examples of other service levels include weekly collection of these size garbage containers: a 19 gallon can collected once a week, a 32 gallon can, 60 gallon cart or a 90 gallon cart, all collected once a week. Each level of service has a different cost. Please contact Allied Waste at 206-682-9735 to establish garbage service. We will be verifying with the company on or after August 4, 2006 that you have started service. Failure to comply may result in further corrective action. Thank you for your cooperation. Sincerely, Robyn Bartelt Conservation Specialist in cc: Mike Mactutis, P.E., Environmental Engineering Manager Y Dianna Billingsley, Allied Waste U 3 3 3 0 MAYOR SUZETTE COOKE City of Kent Public Works Department Larry R Blanchard, Public Works Director Kent City Council Meeting Date August 15, 2006 Category Bids 1. SUBJECT: EAST SEATTLE STREET WATER AND SEWER REPLACEMENT 2. SUMMARY STATEMENT: The bid opening for this project was held on August 8, 2006, with six bids received. The low bid was submitted by Dickson Company in the amount of$666,378.78. The Engineer's estimate was $ 795,531.12 3. EXHIBITS: Public Works Director's memorandum r4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT ' Expenditures X Revenue? Currently in the Budget? Yes X No If no ' Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue. Fund Amount $ ' 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds to award the contract on the East Seattle Street Water and Sewer Replacement project ' to Dickson Company in the amount of$666,378.78. DISCUSSION: "0 ACTION: Council Agenda Item No 8A PUBLIC WORKS DEPARTMENT 4^,00�0*VN, Larry Blanchard Public Works Director Phone 253-856-5500 KEN T Fax. 253-856-6500 ' wA S H I N G r o N Mailing Address: 220 Fourth Avenue S Physical Address: 400 West Gowe Kent, WA 98032-5895 DATE: August 8, 2006 TO: Mayor Cooke and Kent City Council FROM: Nick Horn, Project Engineer THROUGH: Larry Blanchard, Public Works Director SUBJECT: East Seattle Street Water & Sewer Replacement 1 Bid opening for this project was held on August 8, 2006 with six bids received. The low bid ' was submitted by Dickson Company, in the .amount of $666,378.78. The Engineer's estimate was $795,694.32. The Public Works Director recommends awarding this contract to Dickson Company. Bid Summary Wm Dickson Company $ 666,378.78 Pivetta Brothers Construction $ 700,471.48 Rodarte Construction $ 776,494.12 King Construction $ 801,128.45 ' Laser Underground $ 803,051.40 Road Construction NW $1,079,967.50 Engineer's Estimate $ 795,531.12 i 1 Mayor Cooke and KentCayCounc,l Pacific Hwy HOV Lanes Landscaping 1 1 1 REPORTS FROM STANDING COMMITTEES AND STAFF 1 A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE 1 E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 1 F. PUBLIC SAFETY COMMITTEE 1 G. PUBLIC WORKS ' H. ADMINISTRATION i 1 REPORTS FROM SPECIAL COMMITTEES i i 1 ' KENT WASHINOTON OPERATIONS COMMITTEE MINUTES JULY 18, 2006 Committee Members Present: Tim Clark, Chair, Debbie Raplee and Ron Harmon The meeting was called to order by Tim Clark, Chair at 4:02 p.m. 1. APPROVAL OF MINUTES DATED JUNE 20, 2006 Ron Harmon moved to approve the minutes of the June 20, 2006, Operation Committee meeting. Debbie Raplee seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED JUNE 30 AND JULY 15, 2006 Acting Finance Director Cliff Craig presented the vouchers for June 30, 2006 and July 15, 2006, for approval. Debbie Raplee moved to approve the vouchers dated June 30, 2006, and July 15, 2006. Ron Harmon seconded the motion, which passed 3-0. 3. MID-YEAR 2006 BUDGET ADJUSTMENT ORDINANCE Acting Finance Director Cliff Craig presented the Mid-Year 2006 Budget Adjustment Ordinance. Mr. Craig advised that authorization is requested to approve the technical gross budget adjustment ' ordinance totaling $24,542,430 for budget adjustments between June 1, 2006, and June 30, 2006. The net amount, excluding transfers and internal service charges, is $12,628,491, of which $24,139,813 was previously approved by Council. Of the net amount of $402,617 net yet approved 1 by Council, $390,272 is for the allocation of dedicated revenues and settlements and authorizing expenditures, $75,196 represents a technical budget adjustment correction of cost allocations and closing of projects ($84,488 is a reduction in the Police Department's confidential fund, and $21,637 is a correction of the Fire Physical Fitness fund per the Union's contract terms, and authorized positions are increased by 1.00 full-time equivalent. Ron Harmon moved to recommend Council approve the consolidating budget adjustment ordinance, as amended, for adjustments between January 1, 2006 and June 30, 2006, totaling $24,542,430. Debbie Raplee seconded the motion, which passed 3-0. The meeting was adjourned at 4:12 p.m. Renee Cameron ' Operations Committee Secretary KENTI W/5 H IN0TO ' CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES July 11, 2006 1 COMMITTEE MEMBERS: Bob O'Brien, Les Thomas, and Ron Harmon, Chair • The meeting was called to order by Chair Ron Harmon at 5 00 PM. • Chair Harmon asked if there were any additions to the agenda and received one item from Police. 1. .Approval of Minutes Bob O'Brien moved to approve the minutes of the June 15, 2006 meeting. The motion was seconded by Les Thomas and passed 3-0. 2. Purchase of Self-Contained Breathing Apparatus- AUTHORIZE Pat Pawlak, Deputy Fire Chief, reviewed the status of the current equipment and the selection process for the new equipment Equipment from three manufacturers was tested over a one year period Pat Fitzpatrick, Deputy City Attorney, stated that current equipment must meet national standards and added that the used equipment would possibly be donated to a third world country. Bob O'Brien questioned why all the equipment needed to be replaced at one time Les Thomas suggested that future equipment be replaced on a 3-year rotation unless there a savings was obtained by purchasing a bulk quantity. He also asked for follow up on the disposal of the used equipment Les Thomas moved to recommend that Council authorize the Mayor to sign the agreement for the purchase of self-contained breathing apparatus (SCBA) at a cost of$645,739, subject to final terms and conditions as shall be approved by the City Attorney. The motion was seconded by Bob O'Brien and passed 3-0. 3. U.S. Department of Education grant—ACCEPT and Establish Budget Lorna Rufener, Police Captain, and Debra LeRoy, Police Research and Development Analyst, explained the use of the third year of grant funding for the on-going inmate education project and they answered questions about the project Ron Harmon asked that an update on the project be given to the Committee in the future Bob O'Brien moved to recommend that Council accept the U.S. Department of Education grant and place this on the Consent Calendar for the July 18, 2006 Council Meeting. The motion was seconded by Les Thomas and passed 3-0. 4. Washington Traffic Safetv Commission $7,500 grant—ACCEPT and Establish Budget Mike Paintei, Police Captain, explained the grant funds would be used to purchase school zone flashing beacons/lighting for elementary schools He also thanked Nancy Mathews, Drinking Driver Countermeasure Program Coordinator, for her years of outstanding service to the Police Department, as well as the City, and announced that she would be retiring at the end of July Les Thomas moved to recommend that Council accept the Washington Traffic Safety Commission grant in the amount of$7,500 and place this item on the Consent Calendar for the July 18,2006 Council Meeting. The motion was seconded by Bob O'Brien and passed 3-0. 1 5. Fourth of July After Action Report—INFO ONLY , Deputy Fire Chief Jon Napier, Fire Marshal, and Police Captain Mike Painter reviewed this year's event and the continued success of the Joint Fire and Police department emphasis patrols from June 30`' through July 4`h The number of calls on illegal discharges of fireworks after 11 PM on July 4th ' was higher than last year This was attributed to community education about the hours that fireworks could be legally discharged and the fact that July 5'h was a work day for most people Future effort should be made to get more people to attend fireworks shows, rather than discharge their own fireworks Three arrests were made and 2 citations given to adults, one for a felony explosive and one for reckless endangerment No fires occurred within the city limits, but Kent Fire did respond to one house fire north of the city limits 6. National Nieht Out, Aueust 1, 2006—INFO ONLY Judi Mauhl, Police Public Education Specialist, spoke about the up-coming national community event and invited City Council members to participate again this year She explained that it's an opportunity for neighbors to meet each other face-to-face once a year and thus feel more comfortable reporting suspicious incidents that affect their own neighbors ADDED ITEM: 7. Traffic Safety School Fee Increase—AUTHORIZE , Captain Painter and Nancy Mathews reviewed the process and progress of the pilot program A fee increase of S60 per student effective September 1, 2006, was proposed as a means to bring the fee more in line with what other agencies are currently charging for similar programs Les Thomas moved to recommend that Council approve the Traffic Safety School fee increase to S60 per participant effective September 1, 2006, and place this on the Consent Calendar for the July 18, 2006 Council Meeting. The motion was seconded by Bob O'Brien and passed 3-0. The meeting adjourned at 6:10 PM. , Jo Thompson Public Safety Committee Secretary Public Safety Committee Minutes 2, July 11,2006 PUBLIC WORKS COMMITTEE MINUTES ' July 17, 2006 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Member Ron Harmon and Tim Clark were present. The meeting was called to order at 5:25 p.m. Approval of Minutes Dated July 10, 2006 Committee Member Clark moved to approve the minutes of July 10, 2006. The motion was seconded by Harmon and passed 3-0. Lake Meridian Outlet/Project Cooperation Agreement — Tim Thompson, Consultant Mike Mactutis, Environmental Engineering Manager, gave a brief overview of the project. He stated the project is a Joint construction partnership between US Army Corps of Engineers and the City of Kent. The Lake Meridian Outlet will improve flow control at the outlet of the lake, restore a portion of the channel alignment, enhance wetland habitat and create 2,500 feet of new stream channel to Big Soos Creek. The agreement commits the City to pay 35% of the project total cost He noted that the boat launch at the outlet channel at Lake Meridian will be closed beginning late August. Notification will be sent out. Harmon moved to recommended authorization for the Mayor to sign the Project Cooperation Agreement between the City of Kent and the US Army Corps of Engineers for the Lake Meridian Outlet Project upon concurrence of the language therein by the City Attorney and Public Works Director. The motion was seconded by Clark and passed 3-0. 116th Avenue Proposed LID Tim LaPorte, Engineering Design Manager presented an informational PowerPoint presentation was given showing photos and maps of the properties involved. LaPorte briefly went over the background/history of the planned widening of 1161h Ave. SE between Kent Kangley Road and S. 256th Street. He said that property owners have petitioned for and have shown interest in forming a Street and Utility LID. He further noted that this section is part of the 2771h Corridor which has not yet been fully improved to City standards. Michael Favors a resident of the proposed LID area spoke on behalf of the LID. Clark moved to recommend adoption of the Resolution of Intent setting a public hearing date on the formation of a street and utility L.I.D. for the 19 properties shown on the attached map. The motion was seconded by Harmon and passed 3-0. Information Only/East Valley Hwy (PSRC) Puget Sound Regional Council — Grant & ' Proposed LID / SR 167 to S 212th Street Tim LaPorte, Design Engineering Manager first thanked Mark Howlett, Project Engineer for helping to obtain a grant from the PSRC. I LaPorte stated that the East Valley Highway project has been on our 6-year TIP for some time for widening and rehabilitation of the pavement. The City has been successful at obtaining grants for the project. The proposal is to attempt the formation of an L.I.D to complete the project funding. I Engineering staff is preparing an L.I.D. proposal to submit to the property owners in the near future. No motion required, information only 1 Page 1 of 2 P XPubadAdmiuSappon%PWCon it"\1mutm do t PUBLIC WORKS COMMITTEE MINUTES July 17, 2006 Information Only/Pacific Highway South Power Under-grounding Tim LaPorte, Design Engineering Manager said that under-grounding is moving along. LaPorte showed photos of the area that reflect the new look with the under-grounding and what the area looks like with the old over head wiring. He noted that there are still 12 property owners that have not complied. The City has authority to turn off their power if they don't convert. He also mentioned that this is one of the largest conversions in the past 30 years. No motion required, information only r 2007 - 2012 Six Year TIP Cathy Mooney, Senior Transportation Planner went over the background of the Draft 2007-2012 Six Year Transportation Improvement Project which includes six (6) new projects for a total of 38 projects. Clark stated his objection to no bicycle lanes East and West, resulting in a brief 1 discussion. Harmon moved to recommended that the Public Works Committee forward the Draft 2007 - 2012 Six-Year Transportation Improvement Program (TIP) to the full Council and Recommendation that Council set date for a Public Hearing. The motion was seconded by Clark and passed 3-0. City of Kent, King County Water District III & City of Auburn Interlocal Agreement Establishing Water Service Boundaries Brad Lake, Water Superintendent gave a brief overview of the agreement. Kent has agreed to provide the water supply for the development called the Verdana project located at 124th Ave. SE between SE 2881h and SE 304`h Street. The Interlocal agreement would allow Kent water to supply the proposed Verdana development which is to be located on the former"Impoundment" site. Clark moved to authorize the Mayor to sign the Interlocal agreement granting the Kent Water Division authority to provide water service the water system for the Verdana 1 project at 124th Ave SE between SE 288th and SE 3041h Street. The motion was seconded by Harmon and passed 3-0. Adiourned: The meeting was adjourned at 6:30 p.m. Next Meeting Scheduled for: Monday, August 7, 2006, 5:00 p.m. CV1 Cheryl Viseth,, Administrative Assistant III 1 P 1PublidAdmmSupponT WComnnue NMmmcs doc Page 2 of 2 CONTINUED COMMUNICATIONS A. ' EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION