HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 11/07/2006 i .
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City of Kent
City Council Meeting
Agenda
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November 7, 2006
Mayor Suzette Cooke
Deborah Ranniger, Council President
Councilmembers
Tim Clark Debbie Raplee
Ron Harmon Les Thomas
Bob O'Brien Elizabeth Watson
KEN
WA5HINGTON
City Clerk's Office
KENT CITY COUNCIL AGENDAS
K E N T November 7, 2006
- W^5 H IN G T-o^ Council Chambers
' MAYOR- Suzette Cooke COUNCILMEMBERS. Deborah Ranmger, President
Tim Clark Ron Harmon Bob O'Brien
' Debbie Raplee Les Thomas Elizabeth Watson
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COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Suburban Cities Association Karen Goroski 15 min
2. Strategic Plan Update John Hodgson 45 min
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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. Hospitality House Women's Shelter Comments
D. Government Finance Officers Association Distinguished Budget Presentation
Award
E. Introduction of Appointee
F. Proclamation— March of gimp Prematurity Awareness Day
IUe-4 /V /l, VIrus�
5. PUBLIC HEARINGS
None
6. CONSENT CALENDAR
A. Minutes of Previous Meeting—Approve
B. Payment of Bills—Approve
C. 2007 Washington State Arts Commission Organization Support Grant—Accept
and Amend Budget
(Continued)
COUNCIL MEETING AGENDA CONTINUED
D 2007 Community Development Block Grant Action Plan and Funding
Allocations—Authorize
E. 2006 Third Quarter Fee-m-Lieu Funds—Accept and Amend Budget
F. Robinson & Noble Water Contract—Authorize
G. Extension of Interlocal Agreement for Watershed Resource Inventory Area 8 —
Authorize
H. Extension of Interlocal Agreement for Watershed Resource Inventory Area 9—
Authorize
I. Washington Central Improvement Company Knob Hill Addition Alley Vacation,
Resolution Setting Public Hearing Date—Adopt
J. 138°i Place SE Street Vacation— Resolution Setting Public Hearing Date—Adopt
K. Street Sweeping Contract Change Order—Authorize
L. 2007 Budget and Capital Improvement Plan— Set Second Public Hearing Dates
M 2006 Tax Levy for 2007 Budget— Set Public Hearing Date
N. Kent Comprehensive Plan and Kent City Code Chapter 12 13, School Districts
Capital Facilities Plans and 2007-2012 Capital Improvement Plan— Set Public
Hearing Dates
O. Cedar Pointe Rezone Decision Resolution—Adopt (QUASI-JUDICIAL)
P. Rust Rezone Decision Resolution—Adopt (QUASI-JUDICIAL)
Q. Smith Street Improvements—Accept as Complete
R. Muth Comprehensive Plan and Zoning Map Amendment Ordinance—Adopt
Cv�,S. Kent Bicycle Advisory Board Appointment— Confirm T. Valley Cities Wireless Interlocal & Consulting Services Agreement—Authorize
Diversity Advisory Board Ordinance
7. OTHER BUSINESS
A. Orme Rezone Ordinance (QUASI-JUDICIAL)
B. Event Center Written Statement—Set Public Hearing on General
Contractor/Construction Manager Alternate Public Works Procedure—Resolution
8. BIDS
A. LID 360: 227th Place Sanitary Sewers
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL
COMMITTEES _
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10. CONTINUED COMMUNICATIONS —
it. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
A Property Acquisition
B Pending Litigation
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
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CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the subject of
interest, so all may be properly heard
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
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B) FROM THE PUBLIC
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PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
B) COMMUNITY EVENTS
C) HOSPITALITY HOUSE WOMEN'S SHELTER COMMENTS
D) GOVERNMENT FINANCE OFFICERS ASSOCIATION DISTINGUISHED
IBUDGET PRESENTATION AWARD
E) INTRODUCTION OF APPOINTEE
F) PROCLAMATION- MARCH OF DIMES PREMATURITY AWARENESS
DAY
CONSENT CALENDAR
6. City Council Action:
Councilmember Ate.J�K� moves, Councilmember
seconds to approve Consent Calendar Items A through
Discussion
Action 0 V l V
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of October 17, 2006.
6B. Approval of Bills.
Approval of payment of the bills received through August 15 and paid on August 15 after auditing by
the Operations Committee on October 17, 2006
Approval of checks issued for vouchers.
Date Check Numbers Amount
8/15/06 Wire Transfers 2530-2544 S1,430,887 44
8/15/06 Prepays & Regular 597439-598017 4,795,011 93
Use Tax Payable 82949
S6,226,728 86
Approval of payment of the bills received through August 31 and paid on August 31 after auditing by
the Operations Committee on October 17, 2006
Approval of checks issued for vouchers.
Date Check Numbers Amount
8/311,06 Wire Transfers 2545-2561 $1,228,530 30
8/31/06 Prepays & Regular 598018-298888 4,511,898 26
Use Tax Payable 6,96527
1 $5,747,393 83
Approval of payment of the bills received through September 15 and paid on September 15 after
auditing by the Operations Committee on October 17, 2006
Approval of checks issued for vouchers.
Date Check Numbers Amount
9/15/06 Wire Transfers 2562-2581 $1,559 692 62
9/15/06 Prepays & Regular 598889-599346 1,717,756 37
Use Tax Payable 1,91080
$3,279,359 79
(Continued)
Approval of payment of the bills received through September 30 and paid on September 29 after
auditing by the Operations Committee on October L7, 2006
Approval of checks issued for vouchers:
Date Check Numbers Amount
9/29/06 Wire Transfers 2582-2596 $1,251561 17
9/29/06 Prepays & Regular 599347-599990 3,646.570 22
Use Tax Payable 86943
$4,900,000 82
Approval of payment of the bills received through October 15 and paid on October 13 after auditing by
the Operations Committee on October 17, 2006
Approval of checks issued for vouchers-
Date Check Numbers Amount
10/13/06 Wire Transfers 2597-2610 S1,394,03122
10/13/06 Prepays & Regular 599991-600550 1,621,301 26
Use Tax Payable 1,583 25
53,016,915 73
Approval of checks issued for payroll for July 16 through July 31 and paid on August 4, 2006:
Date Check Numbers Amount
8/4/06 Checks 292253-292576 $ 276,960 31
8/4/06 Advices 199981-200676 1,286,79017
Total Regular Payroll 51,563,750 48
Approval of checks issued for payroll for August 1 through August 15 and paid on August 18, 2006
Date Check Numbers Amount
8/18/06 Checks 292577-292888 $ 251,833 59
8/18/06 Advices 200677-201370 1,268,238 36
Total Regular Payroll $1,520,071 95
Approval of checks issued for payroll for August 16 through August 31 and paid on September 5,
2006.
Date Check Numbers Amount
9/5//06 Checks 292889-293193 $ 274,984 81
9/5/06 Advices 201371-202060 1267,30127
Total Regular Payroll S1,542,286 08
Approval of checks issued for payroll for September 1 through September 15 and paid on September
20, 2006
Date Check Numbers Amount
9i6/06 Interim Check 293194 $ 1,141 35
9/20/06 Checks 293195-293488 241,686 46
9/20/06 Advices 202061-202749 1,280,08132
Total Regular Payroll S 1,521,767 78
(Continued)
Approval of checks issued for payroll for September 16 through September 30 and paid on October 5,
2006
Date Check Numbers Amount
10/5//06 Checks 293489-293778 $ 217,326 72
10/5/06 Advices 202750-203442 1.281,546 41
Total Regular Payroll $1,498,873 13
10/4/06 Interim Check 293779 $225 04
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Council Agenda
Item No. 6 A-B
• Kent City Council Meeting
KENT October 17, 2006
V .5 I.G T G N
The regular meeting of the Kent City Council was called to order at 7:00 p.m by Mayor Cooke
Councilmembers present Clark, Harmon, O'Brien, Raplee, Thomas and Watson. Ranmger was
excused from the meeting. (CFN-198)
CHANGES TO AGENDA
A. From Council, Administration, or Staff. (CFN-198) The Mayor added a proclamation as
Public Communications Item D, and Council member Clark added an excused absence for the
Council President as Consent Calendar Item G.
B. From the Public. (CFN-198) Continued Communications Item A regarding a personnel
matter was added at the request of James Shackelford.
PUBLIC COMMUNICATIONS
A Public Recognition.
WashinEton State Quality Awards. (CFN-155) The Mayor announced that these awards were
presented to the Finance Department and the Public Works Engineering Department. Finance
Director Nachlmger and Public Works Director Blanchard explained their accomplishments which
resulted in these awards.
Parks, Recreation and Community Services Director. (CFN-198) The Mayor introduced and
welcomed Jeff Watling, the new Parks, Recreation and Community Services Director, who
explained his background and said he is eager to begin working on the Council's strategic goals.
B. Community Events.
Upcoming Events. (CFN-198) Councilmember Raplee announced the following upcoming
events S 224 Street Project Open House, Southridge Neighborhood Traffic Concerns meeting,
Make A Difference Day, Your Family's Money class, Halloween Party for kids, and the opening
of Service Club Ball Fields Clark announced ribbon cutting ceremonies for the HOV lanes at
270`n and Pacific Highway South, and the S 228`n Street Extension project. Mayor Cooke
announced the Holiday Craft Market and reminded everyone to change the batteries in their smoke
Ialarms when they reset their clocks on October 291n
C. Proclamation -Day to Play Ball. (CFN-155) Mayor Cooke read a proclamation noting that
the City has accepted the donation of a new electronic scoreboard through a partnership between
Bell-Anderson Insurance and the Safeco Insurance Company for Service Club Ball fields, and
declared Saturday November 4, 2006, as A Day to Play Ball in the City of Kent.
D Proclamation — Make A Difference Day. (CFN-155) Mayor Cooke read a proclamation
regarding Make A Difference Day and declared Saturday, October 28, 2006, as Make A
Difference Day in the City of Kent Lori Hogan invited everyone to participate in planting shrubs
at Three Fields Fishing Hole that day.
1
Kent City Council Minutes October 17, 2006
PUBLIC HEARING
A Surplus and Disposal of Water Department Materials. (CFN-239) The Public Works
Director has determined that certain public water utility equipment is no longer needed as part of
the City's water system, and that a public hearing to receive public input on disposal of it is
required Mayor Cooke opened the public hearing There were no comments from the audience
and CLARK MOVED to close the public hearing Harmon seconded and the motion carried
RAPLEE MOVED to adopt Resolution No 1734 which declares certain public utility equipment
surplus and authorizes its disposition in a manner that best meets the public interest. Harmon
seconded and the motion carried
CONSENT CALENDAR
CLARK MOVED to approve Consent Calendar Items A through G. Raplee seconded and the
motion carried.
A. Minutes of Previous Meeting. (CFN-198) The minutes of the regular Council meeting of
October 17, 2006, were approved.
B. Approval of Bills. (CFN-104) Numbers were not available for approval
C. LID 351/361, S. 272/277 Street Corridor Improvements, Final Assessment Roll
Ordinance. (CFN-1302) Ordinance No. 3817 confirming a Supplement Assessment Roll for
Local Improvement District No 351 was adopted On October 2, 2006, the Public Works
Committee sat as a Board of Equalization and conducted a hearing on the supplemental
assessment roll to LID 351 for the S. 272"d/277"' Street Corridor Improvements, which has been
administratively designated as LID No 361.
At the hearing, the Board received four written protests. Only one of the four protesting parties
appeared at the hearing, and that person elected not to testify After considering the evidence and
protests, the Board closed the hearing and deliberated. After deliberating, the Board determined
that certain properties were specially benefited by the improvements and that the assessments
against each property were proportional in accord with those special benefits Accordingly, the
Board confirmed the supplemental assessment roll and referred this ordinance to Council for
consideration.
D. Purchase of Fire Engine Pump Training Simulator. (CFN-122) The Mayor was
authorized to sign an agreement for the purchase of a Fire Engineer Pump Training Simulator
The Fire Department received a waiver from Mayor Cooke to negotiate with a particular supplier
due to specialized needs of the Fire Department
E. Goff Short Plat Bill of Sale. (CFN-484) The Bill of Sale for Goff Short Plat for one
watermain gate valve, and one watermam hydrant, and 803 linear feet of storm sewer line was
accepted This project is located at 1044 SE 264th St
F Pape Machinery Bill of Sale. (CFN-484) The Bill of Sale for Pape Machinery for three
watermam gate valves, two watermam hydrants, and 1035 linear feet of waterline was accepted.
This project is located at 10443 SE 264th St.
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Kent City Council Minutes October 17, 2006
ADDED ITEM
G. Council Absence. (CFN-198) A request from Council President Ranniger for an excused
absence from this meeting as she is unable to attend was approved
OTHER BUSINESS
A Cedar Pointe Rezone. (CFN-121) The proposed ordinance relates to the rezoning of two
parcels totaling 5 7 acres of property from SR-4 5 to SR-6 The Hearing Examiner held a public
hearing on September 6, 2006, and issued Findings, Conclusions, and Recommendation for
approval on September 20, 2006 The City Attorney explained the process to be used and the
factors to be considered Harmon mentioned that he had received an email invitation to a
neighborhood meeting on this topic and that Brubaker had responded to it. Other Council-
members noted that they had seen the email, but had no ex parte contacts Upon Brubaker's
question, there were no objections from the audience or the Council to the ex parte contacts
referenced Lydia Moorehead of the Community Development Department then gave a brief
explanation of the project and responded to questions from the Council regarding the zoning of
developments nearby and the impact of leaving the zoning as is. HARMON MOVED to reject the
Findings, Conclusions and Recommendation of the Hearing Examiner on the Cedar Pointe
Rezone Clark seconded Harmon opined that objections from residents were not taken into
consideration in reference to the impact of the upzone, and that the rezone and subsequent
development of the site would not be compatible with development in the vicinity He also felt
the transportation system would be burdened and the general welfare of the citizens of Kent would
be adversely affected. Moorehead explained the difference between the two zones, and O'Brien
noted that circumstances have changed and that the zoning should be SR-6 Councilmembers
Thomas, Raplee and Watson spoke in favor of keeping the zoning SR-4 5 in order to be consistent.
Harmon's motion to reject the Hearing Examiner's recommendation then carried 5-1 with O'Brien
opposed.
B. Rust Rezone. (CFN-121) The proposed ordinance relates to the rezoning of one parcel
totaling .86 acres of property from SR-4 5 to SR-6. The Hearing Examiner held a public heanng
on September 5, 2006, and issued Findings, Conclusions and Recommendation for approval on
September 20, 2006 The City Attorney reiterated the process to be used and determined that there
have been no ex parte contacts by Council members.
Lydia Moorehead gave a staff presentation and answered questions from the Council members.
HARMON MOVED to reject the Findings, Conclusion and Recommendation of the Hearing
Examiner on the Rust Rezone. Clark seconded. Hannon pointed out that previous Councils did
not have the option of having a 4.5 Comprehensive Plan to match the 4 5 zoning, that considering
an upzone for less than one acre doesn't make sense, that it is not compatible with the
neighborhood, and that the health, safety and general welfare of the neighborhood would be
affected. Thomas and Raplee agreed. O'Brien said that circumstances have changed since the
establishment of the current zoning district to warrant the proposed rezone Watson and Clark
spoke in support of the motion. The motion to reject the Findings, Conclusion and
recommendation of the Hearing Examiner then earned 5-1, with O'Brien opposed.
Community Development Director Satterstrom informed the Council that the Planning Committee
is beginning to study any instance of rezoning that is not compatible with the Comprehensive
Plan, so that the Council would not have to handle such rezones one by one.
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Kent City Council Minutes October 17, 2006
REPORTS
Mayor's Report. (CFN-198) The Mayor noted that the Suburban Cities Association has
requested participation in their various boards and commissions. and urged Council members to
do so.
Parks and Human Services Committee. (CFN-198) Raplee noted that the next meeting will be
held on October 19`h at 5 00 p m
Administration. (CFN-198) CAO Hodgson noted an executive session of approximately
15 minutes to discuss an item of property acquisition, with action expected during the regular
meeting.
CONTINUED COMMUNICATIONS
ADDED ITEM
A Personnel Matter. (CFN-198) James Shackelford, 27205 124`h Avenue SE, Kent, said recent
court documents concerning a Kent firefighter who is up for election next month indicate that his
actions may lead the City into a position of liability in the future The Mayor advised Shackelford
to speak with her after the meeting.
EXECUTIVE SESSION
The meeting recessed to Executive Session at 8 30 p.m and reconvened at 8 36 p.m.
Property Acquisition. (CFN-239) CLARK MOVED to approve the Purchase and Sale
Agreement for the Robinson property located at 924 Meeker Street, as part of the Naden Street
Assemblage, to authorize the Mayor to execute any and all documents necessary to close the land
transaction upon review and approval by the City Attorney, and to appropriate closing costs from
the Park Land Acquisition account Raplee seconded Hodgson explained that the assemblage is
for future replacement of the Kent-Meridian swimming pool. The motion carried
ADJOURNMENT
At 8 38 p in., WATSON MOVED to adjourn. Thomas seconded and the motion carried.
Brenda Jacober, CMC
City Clerk
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' Kent City Council Meeting
Date November 7, 2006
Category Consent Calendar
1. SUBJECT: 2007 WASHINGTON STATE ARTS COMMISSION
ORGANIZATIONAL SUPPORT GRANT —ACCEPT AND
AMEND BUDGET
2. SUMMARY STATEMENT: Accept the $6,000 grant from the Washington State
Arts Commission, authorize the expenditure of funds in the Kent Arts Commission
budget, and authorize the Mayor to sign all necessary documents.
The Washington State Arts Commission (WSAC) awarded the Kent Arts Commission a
general operating support grant in the amount of$6,000. The Kent Arts Commission
will use the funding to support the presentation of arts and cultural activities at the 2007
Cornucopia Days.
3. EXHIBITS: Washington State Arts Commission Contract #2007063
4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund 10006221.64190 4320 Amount $6,000 00
Unbudgeted Revenue: Fund 10006221 53403 4320 Amount $6,000 00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6C
s � £
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aq�lees d Y
STATE OF WASHINGTON
WASHINGTON STATE ARTS COMMISSION
711 Capitol Way S,Suite 600,PO Box 42675 Olympia,WA 98504-2675
(360)753-3860 • FAX(360) 586-5351
September 11,2006
Ronda Billerbeck,Cultural Programs Manager
Kent Arts Commission
220 Fourth Ave South
Kent WA 98032-5895
Re: Organizational Support Program(OSP) FY2007 -Contract#2007063-.$6,000.00
Dear Ms. Billerbeck-
The Washington State Arts Commission is pleased to send you a contract for the second year of funding in
the two-year cycle for the Organizational Support Program. The enclosed contract is an offer for a grant
award of S6,000.00.
' Sign and date the contract and the attached two invoice vouchers. Please update pages 1-2 of the contract
with any recent changes in your Contractor and Contractor Representative information.
Return the full-stapled contract packet to Grants to Organizations by October 16, 2006. Do not
separate or remove pages from the stapled contract packet; a countersigned copy will be returned to you.
Payment will be issued after 30 days of receipt of complete contract packet.
On Attachment"A":Scope of Work and Attachment`B"are contract requirements including:
• The services that are covered by Commission grant funds;
j ■ The provision of credits to the Washington State Arts Commission, and for federal funds,the National
Endowment for the Arts;
■ The completion of a Final Report due no later than August 1,2007,Attachment E, (soon available
for download at www.arts.wa.gov};and
■ The terms for how grant payments will be made as described in Attachment "B".Payment Schedule.
• If you disagree with the funding recommendation,you may request a review under the Appeals
Procedure-Awards and contracts, described in WAC 30-08-070. An appeal must be filed in writing
I by October 16,2006. Refer to the buff colored page following for details. Do note—the appeals
procedure does not allow for the introduction of information not available in the original grant
application as submitted.
tIf you have questions,please call program staff Christel Ratliff at 360/153-3858,or contact me via email,
mayumit@,)arts.wa.gov.
tSincerely,
Mayum sutakawa, Manager
Grants to Organizations
Enclosures: Grants to Organizations Contract;WSAC logo is downloadable from the website at www.arts.wa.gov and NEA logos(for any
federal funds)are downloadable at www.armigov,Disability Access Flyer,Appeals Procedure-WAC 3OM-070
WASHINGTON STATE ARTS COMMISSION
Program: Organizational Support Program FY2007
Contract No.2007063 '
GRANT CONTRACT
THIS CONTRACT is made and entered into by and between the WASIMGTON STATE ARTS
COMMISSION,7t1 Capitol Way S,Suite 600,PO Box 42675,OIympia, WA 98504-2675 hereinafter referred to
as the COMMISSION,and
Nan" Kent Arts Commission
Physical 220 Fourth Ave South
Address .................................
Kent WA 980324895
Mailing 220 Fourth Ave South
Address ...........................uth
Kent WA 98032-5895
....... ...... ......... .......
Phone No (253)856-5050
Web Site: www.ci.kentwa.us/artscommission
........................................... .... .
Washington State UBI No 173 000 002
Fedcml Employee Id No 91.6001254
Somal Security Number N/A
hereinafter referred to as the CONTRACTOR
THE PARTIES MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS:
A PURPOSE OF CONTRACT
This Contract sets out the terms and conditions by which the COMMISSION awards a grant to the
CONTRACTOR for the purpose of developing,sponsoring,promoting or administering an activity,project or
program which is related to the growth and development of the arts and humanities m the State of Washington.
RCW 43.46 provides the statutory authorization for making the grant. The funding is administered under WAC
Title 30.
B DESCRIPTION OF THE ACTIVITY,PROJECT,OR PROGRAM
CONTRACTOR shall use funds awarded under this Contract No.2007063 solely for the grant proposal
funded through the Organizational Support Program for FY2007 as described in Attachment A:Scope of ,
Work.
C. AMOUNT OF GRANT
1. The Commission awards State Funds in the amount of SIX THOUSAND AND 00/100 Dollars
($6,000.00)to the CONTRACTOR.
2. The Commission awards Federal Funds m the amount of ZERO AND 00/100 Dollars ($0.00)to the
CONTRACTOR
Applicable only if Contract includes Federal Funds: r
Federal Catalog of Domestic Assistance No 45.025
Federal Grant No 05-6100-2012
3. The Cormtussion awards private funds in the amount of ZERO AND 00/I00 Dollars ($0.00)to the
CONTRACTOR.
r
Grant Contract No 2007063 1 of 3
4. CONTRACTOR agrees to provide matching funds equal to or greater than the total funds provided by the
COMMISSION.
5. Payments will be made in accordance with the payment schedule set forth in Attachment B.
D_ CONTRACT PERIOD
Funds are awarded for the period beginning.July 1,2006 to June 30,2007. The CONTRACTOR must
r expend all funds by the ending date of this contract Funds not expended by the ending date of this contract
shall lapse unless an extension is requested in writing by the CONTRACTOR and approved in writing by the
COMMISSION The CONTRACTOR shalt notify the COMMISSION immediately upon knowledge that any
portion of the funds will not be expended by the end of the fiscal year.
E. CONTRACT REPRESENTATIVES
The following shall be the contact persons for all communications and billings regarding the performance of this
' Contract Either party shalt provide written notification to the other of changes in contract representation.
CONTRACTOR's Contract Representative: COMMISSION's Contract EEeresentative
Name Ronda Billerbeek Name Christel Ratliff
and Title. and Title
Cultural Programs Manager Administrative Assistant
...................
' Org, City of Kent Arts Commission Org Washington State Arts Commission—
Name: Name:
Grants to Organizations
Address 220 Fourth Ave South Address, PO Box 42675
......... ................... ...
Kent,WA,WN-AM Olympia,WA 98504-2675
Phone. (253)856-5055 ext- Phone, (360)753-3858
1 Fax (253)856-6050 Fax (360)586-5351
E-Mail: rbillerb ci.kent w .0 E-Mail: ehristelr arts.wa. ov
F. LIMITATION OF AUTHORITY
The COMMISSION's Agent shall be the Executive Director of the Washington State Arts Commission. Only
the COMMISSION's Agent shall have the express,implied,or apparent authority to alter,amend,modify,or
waive any clause or condition of this contract.The Agent may delegate this authority,but such delegation is
effective only if in writing. See General Terms and Conditions for Contract Amendment or Modification
procedures.
G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Contract shall be subject to this Contract and its attachments including the
following,winch by this reference,are made a part of this Contract:
r Attachment A: Scope of Work
Attachment B: Payment Schedule
Attachment C. General Terris and Conditions
Attachment D: Voucher
Attachment E: Fulal_Report Regp1tgp nts(final report matenaJs avajlable at www.arts wa.Qov)
Attachment F: National Endowment for the Arts General Terms and Conditions
(deleted if Contract does not include federal funds)
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Grant Contract No 2007063 2 of 3
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H. INSURANCE
Automobile Liability:In the event that services delivered pursuant to this contract involve the use of vehicles,
either owned orunowned by the CONTRACTOR,the CONTRACTOR shall require the owner or driver of the
automobile to provide automobile liability insurance. The minimum limit for automobile liability is:
$100,000/$300,000 bodily injury and$100,000 property damage.
I. ENTIRE CONTRACT
This Contract including all attachments contains all the terms and conditions agreed upon by the parties. No
other understandings,oral or otherwise,regarding the subject matter of this contract and attachments shall he
deemed to exist or to bind any of the parties.
J. FINAL REPORT ,
The CONTRACTOR shall provide a final report to the COMMISSION within 32 days following the
Contract Period ending date,submitted according to the forms and format identified in ATTACHMENT E.
K. MODIFICATIONS TO GENERAL TERMS AND CONDITION
NA
THIS CONTRACT is executed by the persons signing below who warrant that they have authority to execute this
contract.
Kent Arts Commission WASHINGTON STATE ARTS COMMISSION
IR4D L CP►. 4f
(signature ofparV autho ized sign for CONTRACTOR) Kris Tucker, ecutive Director
LOl& Date: 'Si (114 L4
(printed name of signatory)
(printed title of/signatory)
Date: �/�76(p
APPROVED AS TO FORM: 1
(Signature of Susan Thomsen,Assistant Attorney General,State of Washington,March,2003 on file in fiscal office)
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Grant Contract No.2007063 3 of 3
GRANT CONTRACT-ATTACHMENT"A"
Scope of Work
Program: Organizational Support Contract No.2007063
iCONTRACTOR: Kent Arts Commission
1 1. The CONTRACTOR agrees that funds shall be received solely for the services and/or reimbursements
described here below:
Organizational Support for:
General Operating Support
' Event Announcement and Documentation:
The CONTRACTOR must provide to Grants to Organizations of the COMMISSION, any public
announcement,press release, or other direct mail announcement of the event(s)funded under this contract.
The CONTRACTOR will mail such public announcements to:
Grants to Organizations
1 Washington State Arts Commission
PO Box 42675
Olympia,WA 98504-2675.
' Final Reports are due:
Every grant recipient must submit a Final Report to the Washington State Arts Commission's Grants to
1 Organizations,32 days following the contract ending date;this is a contractual obligation for the grant
The completed form must be received by the Washington State Arts Commission(WSAC),Grants to
Organizations, by 5:00 P. M., August 1,2007. The Final Report Form should be downloaded from
the COMMISSION website at www.arts.wa.gov,under Grants to Orgamzations.
Final Report Penalty:
Grant recipients that do not submit Final Reports by the August 1, 2007 deadline will have a 10%penalty
deducted from any future grant from Grants to Organizations.
Logo Credit:
MIAILSI>IOGM Recipients of grants and programs are asked to credit
AMNION I WSAC in promotional communications about the grant. �OO
I The WSAC logo may be downloaded from the website: www.arts wa.Qov. If your grant `,�
includes federal funding(which would be stated on page 1 of your contract),you are also NATIONAL
obligated to credit the National Endowment for the Arts FOR THE Airs
g (NEA)in the same manner as
WSAC. NEA logos are downloadable at www.arts.gov.
t
1
GRANT CONTRACT-ATTACHMENT"B"
Payment Schedule
Program: Grants to Organizations Organizational Support Program Contract No.2007063
CONTRACTOR: Kent Arts Commission
The CONTRACTOR agrees that funds as awarded in section(1)of the CONTRACT and in consideration ofsection 1
(2)of the CONTRACT,will be paid to the CONTRACTOR by the COMMISSION in consideration of the fotlownng
terms and conditions-
1. No funds will be paid to the CONTRACTOR in advance of the contract starting date stated in section(1)
of the CONTRACT;
2. Payments will be made after the expenses for which COMMISSION funds were committed have been t
incurred;
3. The CONTRACTOR must return all invoice voucher(s)to the COMMISSION no later than the first ,
working day of each designated payment date;
4. All requests for payment shall be on the form of voucher set forth in Attachment D. '
5. The COMMISSION will make payment to the CONTRACTOR by the 20th day of each designated
payment date.
6. The schedule for payment is as follows:
MondifYear Amount
November 2006 $6,000.00
TOTAL AWARD $6,000.00
GRANT CONTRACT-ATTACHMENT"C"
GENERAL TERMS AND CONDITIONS
rCity of Kent Arts Commission 2007063
TABLE OF CONTENTS
This table of contents is for reference purposes only and shall not be considered a substantive part of this Contract.
A. HEADINGS AND DEFINITIONS.............................................................................2
B. GENERAL CONTRACT TERMS
Amendmentsor Modifications................................ ................................... ..............2
Conformance with Law. . ....................................................................................... .2
Order of Precedence................................................................ ..................................2
Severabrhty............... .................................................................................................2
Waiverof Default or Breach........................................................................................2
C PERFORMANCE AND GENERAL RESPONSIBELITIFS
Covenant Against Contingent Fees ..... .............................. ....................................2
Indemnification ........... . . ..... . ....... ........................ ........ ................... .............. . 3
r Independent Capacity of Contractor................ . ................................................ ...... 3
Nonassignability....... ............. . . ...............................................................................3
Publicity/Acknowledgements ............................................................................ ......3
' Reproduction..................... . .............. ................................................................ . ... 3
Services within Washington............. . . .... .. ............... .........................................3
D. COMPLIANCE WITH LAWS.RECORDKEEPING AND INSPECTIONS
Americans with Disabilities Act.......... .... .... ........ .. .. .. .. . .. . .........................3
Compliance with Applicable Law.... .. ............ ........ .................... ..................... ....3
Conflictof Interest .. .............................................................................................. ...3
HazardousSubstances.................................................................................................4
Nondiscrimination Laws..............................................................................................4
Public Disclosure/Confidentiality................................................................................4
Records,Documents,and Reports. ... . .....................................................................4
Registration with Department of Revenue........................ ..........................................4
Rightof Inspection...................... . ...........................................................................5
E. FUNDING.REIMBURSEMENT AND BUDGET
Advance Payments Prohibited. ..... ...... . . ................................................................5
Fundsnot Supplanting.... .. ................ ..... ..................................................................5
Taxes ........... . . ....... ..... ................................................................................... ..5
Traveland Per Diem.... ........ .... ...................................... .............................. .......5
F. TERMINATION AND DISPUTES
r Disputes............... .. ............... . . ............................................................................. 5
GoverningLaw and Venue........ ............................................................................. . 5
Savings .. .................................................................................................
Terrmnation for Convenience................................................................................. 6
Termination or Suspension for Cause................................................... ............... . 6
G. ADDITIONAL FEDERALFUNDING REQUIREMENTS
Application...... . ........... .. . ......... ... ............. ....... ......................................... 6
I Publicity/Acknowledgements .....................................................................................6
NEA General Terms and Conditions.................. .............................................. .. ......6
A. HEADINGS AND DEFINITIONS
tDEFINITIONS-As used throughout this Contract,the following terms shall have the meaning set forth below:
r
Attachment C:General Terms and Condmons 1 of 6 Grant Contract 2007063
"COMMISSION"shall mean the Washington State Arts Commission,any division,section,office,unit or other
entity of the Comtmssion,or any of the officers or other officials lawfully representing that Commission
"AGENT"shall mean the Executive Director,Washington State Arts Commission, and/or the delegate
authorized in writing to act on his/her behalf.
"CONTRACTOR"shall mean that firm,provider, organization,individual or other entity that has been awarded
a grant of funds under this Contract,and shall include all employees of the CONTRACTOR.
"NEA"shall mean the National Endowment for the Arts ,
"SUBCONTRACTOR"shall mean one not in the employment of the CONTRACTOR,who is performing all or
part of those services under this Contract under a separate contract with the CONTRACTOR. The terms ,
"Subcontractor"and"Subcontractors"mean Subcontractor(s)in any tier
HEADINGS-Headings used in this Contract are for reference purposes only and shall not be considered a
substantive part of this Contract.
B. GENERAL CONTRACT TERMS
AMENDMENTS OR MODIFICATION-This Contract may be amended or modified only by mutual consent of the
COMMISSION and CONTRACTOR To be effective,any amendment or modification must be in writing,signed
by all parties,and attached hereto. No oral understanding or agreement binds the parties
CONFORMANCE -If any provision of this contract violates any statute or Wile of law of the State of Washington,it
is considered modified to conform to that statute or rule of law.
ORDER OF PRECEDENCE—The items listed below are incorporated herein by reference. In the event of an
inconsistency in tlus Contract,the inconsistency shall be resolved by giving precedence in the following order:
1. Applicable Federal and Washington State statutes and regulations including applicable Federal and State
Executive Orders.
2 Special Terms and Conditions of this Contract,including
a Scope of Work and
b. Modifications to the General Terms and Conditions
3. General Terms and Conditions
4. NEA General Terms and Conditions if Federal funds are committed by this Contract.
5. All other attachments or material incorporated by reference.
SEVERABILTTY-If any provision of this Contract or any provision of any document incorporated by reference is
held invalid,such invalidity shall not affect the other provisions of this Contract which can be given effect without
the invalid provision,and to this end the provisions of this Contract are declared to be severable.
WAIVER OF DEFAULT OR BREACH--Waiver of any default or breach shall not be deemed to be a waiver of
any subsequent default or breach.Waiver of any default or breach shall not be construed to be a modification of the
terms of the Contract. '
C. PERFORMANCE AND GENERAL RESPONSIBILITIES
COVENANT AGAINST CONTINGENT FEES-The CONTRACTOR warrants that no person or selling agent has
been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage,brokerage or contingent fee, excepting bona fide employees or a bona fide established agent maintained
by the CONTRACTOR for the purpose of securing business The COMMISSION shall have the right, in the event
of breach of this clause by the CONTRACTOR,to annul this Contract without liability,or,in its discretion,to
i
Attachment C.General Terms and Conditions 2 of 6 Grant Contract 2007063 ,
deduct from the contract price or consideration or recover by other means the full amount of such commission,
percentage,brokerage or contingent fee.
INDEMNIFICATION—To the fullest extent permitted by law, the CONTRACTOR shall indemnify defend,and
hold harmless the State of Washington, including the COMMISSION and all officials,agents,employees of the
State from and against any liability,damages,claims,suits and/or expenses arising out of or resulting from
I performance of this Contract,including,but not limited to, injury to persons or property, failure to follow applicable
law,acts that are libelous or slanderous,and the violation or infringement of any copyright,patent,trademark,trade
name or unfair trade practice law. The CONTRACTOR's obligation to indemnify,defend,and hold harmless
' includes any claim by the CONTRACTOR's agents,employees,representatives,or any subcontractor or its
employees.The CONTRACTOR shall be required to indemnify,defend,and hold harmless the State only to the
extent claim is caused in whole or in part by negligent acts or omissions of the CONTRACTOR-
INDEPENDENT CAPACITY OF CONTRACTOR This Contract creates an independent contractor relationship.
The CONTRACTOR and its employees or agents performing under this Contract are not employees or agents of the
COMMISSION or the State of Washington.The CONTRACTOR and its employees or agents will not hold
themselves out as nor claim to be officers or employees of the COMMISSION or of the State of Washington by
reason of this Contract and will not make any claim,demand,or application to or for any right or privilege which
would accrue to such an officer or employee under law. The COMMISSION shall not control or otherwise
supervise the manner in which this Contract is performed
NONASSIGNABILITY—The CONTRACTOR shall not assign this Contract,any rights or obligations under this
Contract,or any claim arising under this Contract without prior written consent of the COMMISSION.
PUBLICITY/ACKNOWLEDGEMENTS—The CONTRACTOR shall acknowledge the COMMISSION in all
printed or oral material and announcements, including in-person interviews with audio, video,or print journalists,
which result from this Contract,as follows: "This program is supported,in part,by a grant from the Washington
State Arts Commission."
REPRODUCTION-The CONTRACTOR relinquishes to the State and its assigns royalty-free,irrevocable, non-
exclusive license to make photographic or graphic reproductions or otherwise use data and copyrightable materials
I that result from this Contract,provided that such use or reproduction shall be only for government purposes Data
shall include,but is not limited to,reports,documents,pamphlets,other printed matter,photographs,and sound
recordings.Government purposes shall include,but are not limited to,(1)internal documents such as memoranda
and(2)public releases such as advertising,brochures,media publicity and catalogs or other siriular publications,
provided that the artist is credited.All reproductions of copyrightable material by the State in public releases shall
contain a credit to the artist and a copyright notice in the following form"®(Artist's name),(date)"
SERVICES WITHIN WASHINGTON-The CONTRACTOR agrees that no funds under this Contract will be used
for activities or services outside the State of Washington, without prior authorization of the COMMISSION.
D, COMPLIANCE WITH LAWS,RECOIRDKEEPING,AND INSPECTION
AMERICANS WITH DISABILITIES ACT(ADA)OF 1990 PUBLIC LAW I01-336 also referred to as the
"ADA"28 CRF Part 35.—The CONTRACTOR must comply with the ADA,which provides comprehensive civil
rights protection to individuals with disabilities in the areas of employment,pubic accommodation,state and local
government services,and telecommunications.
COMPLIANCE WITH APPLICABLE LAW.The CONTRACTOR shall comply with,and COMMISSION is not
responsible for determining compliance with,all applicable and current federal, state,and local laws,regulations,
and policies,including all applicable local, state,and federal licensing,accreditation and registration
requirements/standards necessary for the performance of this Contract.
r
' Attachment C:General Terms and Conditions 3 of 6 Grant Contract 2007063
In the event of the CONTRACTOR's noncompliance or refusal to comply with any applicable law or policy,the r
COMMISSION may rescind,cancel or terminate this Contract for cause in whole or in part The COMMISSION
also may declare the CONTRACTOR ineligible for further grant awards from the COMMISSION.
CONFLICT OF INTEREST. Notwithstanding any determination by the Executive Ethics Board or other tribunal, r
the COMMISSION may,by written notice to the CONTRACTOR,temnnate this Contract if it is found after due
notice and examination by the COMMISSION that there is a violation of the Ethics in Public Service Act,Chapter ,
42.52 RCW,or any similar statute involving the CONTRACTOR in the procurement of,or performance under, this
Contract.
In the event this Contract is terminated as provided above,the COMMISSION shall be entitled to pursue the same '
remedies against the CONTRACTOR as it could pursue in the event of a breach of contract by the CONTRACTOR.
The rights and remedies of the COMMISSION provided for in this clause shall not be exclusive and are in addition
to any other rights and remedies provided by law. The existence of facts upon which the Agent makes any
determination under this clause shall be an issue and may be reviewed as provided in the"Disputes"clause of this
Contract.
HAZARDOUS SUBSTANCES. The CONTRACTOR will defend,protect and hold harmless COMMISSION and
any and all of its employees and/or agents,from and against any and all liability,cost(including but not limited to
all costs of defense and attorneys' fees)and any and all loss of any nature from any and all claims or suits resulting
from the presence of,or the release or threatened release of,hazardous substances as defined by state and federal
law on the property covered by the project.
NONDISCRIMINATION LAWS—During the performance of this Contract,the CONTRACTOR shall comply
with all federal and state nondiscrimination laws,regulations,or policies.If the CONTRACTOR does not comply or
refuses to comply with nondiscrimination laws,regulations or policies,the COMMISSION may rescind, cancel,or
terminate this Contract in whole or in part and may also declare the CONTRACTOR ineligible for further contracts
with the COMMISSION. The CONTRACTOR shall be given a reasonable time in which to cure noncompliance.
Any dispute may be resolved in accordance with the"Disputes"provision in this Contract
PUBLIC DISCLOSURE/CONFIDENTIALITY CONTRACTOR acknowledges that the COMMISSION is subject
to Chapter 42.17 RCW,the Public Disclosure Act and that this Contract shall be a public record as defined in RCW
42.17.250 through 42.17.340. Any specific information that is claimed by the CONTRACTOR to be confidential or
proprietary most be clearly identified as such by the CONTRACTOR. To the extent consistent with Chapter 42.17
RCW,the COMMISSION shall maintain the confidentiality of all such information marked confidential or ,
proprietary. If a request is made to view the CONTRACTOR's information,the COMMISSION will notify the
CONTRACTOR of the request and the date that such records will be released to the requester unless
CONTRACTOR obtains a court order enjoining that disclosure. If the CONTRACTOR fails to obtain the court
order enjoining disclosure,the COMMISSION will release the request information on the date specified '
The CONTRACTOR shall not use or disclose any information concerning the COMMISSION,or information
which may be classified as confidential for any purpose not directly connect with the administration of this Contract
except(1)with prior written consent of the COMMISSION,or(2)as may be required by law.
RECORDS.DOCUMENTS.AND REPORTS-The CONTRACTOR shall maintain complete financial records,
including all accounts,books,records,documents,invoices and other evidence, that sufficiently and properly reflect
all direct and indirect costs of any nature expenses incurred and revenues acquired under this Contract. The records
must clearly show that matching expenditures,if required,are not less than the amount granted in the approved
application and this Contract.The system of accounting employed by the CONTRACTOR shall be in accordance
with generally accepted accounting principles,and will be applied in a consistent manner so that the project finances
can be clearly identified
These records shall be subject at all reasonable times to inspection,review,or audit by personnel duly authorized by
the COMMISSION,the Office of the State Auditor,and Federal officials so authorized by law,rule, regulation, or
contract. The CONTRACTOR will retain all books,records,documents,and other materials relevant to this
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Attachment C:General Terms and Conditions 4 of 6 Grant Contract 2007063 t
1 .
Contract for six years after termination or expiration of the Contract,and snake them available for inspection by
persons authorized under this provision If any litigation, claim or audit is started before the expiration of the six(6)
year period,the records shall be retained until all litigation, claims,or audit findings involving the records have been
resolved.
REGISTRATION WITH THE DEPARTMENT OF REVENUE-The CONTRACTOR shall complete registration,
if required by law,with the Washington State Department of Revenue,P.O.Box 47450,Olympia,WA 98504-7450,
http://dor.wa gov. The CONTRACTOR shall be responsible for payment of all taxes due on payments made under
this Contract.
RIGHT OF INSPECTION[—The CONTRACTOR shall cooperate with and freely participate in any monitoring or
evaluation activities conducted by the COMMISSION pertinent to the intent of this Contract,including right of
entry for periodic site inspections The CONTRACTOR shall provide right of access to the facilities and/or site of
the activity,project, or program to the COMMISSION,or to any of its officers,or to any other authorized agent or
official of the State of Washington or the Federal government at all reasonable times, in order to monitor and
evaluate performance,compliance,and/or quality assurance under this Contract.
E. FUNDING.REIMBURSEMENT AND BUDGET
ADVANCE PAYMENTS PROHIBITED-No payments in advance or in anticipation of services or supplies to be
provided under this Contract shall be made by the COMMISSION.
FUNDS NOT SUPPLANTING-The CONTRACTOR agrees that the funds supporting activities and services under
this Contract shall not be used to supplant funds normally budgeted for services of the same type
tTAXES—All payments accrued on account of payroll taxes, unemployment contributions,any other taxes,
insurance or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the
CONTRACTOR.
TR MEI ND PERDIEA -In the event the Contract allows the CONTRACTOR to be reimbursed for out-of-
pocket expenses,the CONTRACTOR will be reimbursed for travel expenses at the State rates for mileage and per
diem in effect at the time these expenses are incurred. The COMMISSION reserves the right to audit documents
supporting billings made for out-of-pocket expenses.
F. TERMINATION AND DISPUTES
DISPUTES. Except as otherwise provide in this Contract,when a dispute arises between the parties and it cannot be
resolved by direct negotiation,either party may request a dispute hearing of the other according to the process set
' out in this section. Either parry's request for dispute hearing must be in writing and clearly state.
1. The disputed issue(s);
2. The relative positions of the parties;
3. The CONTRACTOR's name,address and project tide.
The requesting party shall mail the request for hearing to the other party within 5 working days after the parties
' agree that they cannot resolve the dispute Within 5 working days of receipt of the request,the receiving party shall
respond by either accepting or refusing the request for dispute resolution.
If both parties agree to a dispute hearing,the dispute shall be heard by a panel of three persons consisting of one
person selected by the CONTRACTOR,one person selected by the COMMISSION, and a third person chosen by
the two persons initially appointed.Any hearing under this section shall be informal, with the specific processes to
be determined by the panel according to the nature and complexity of the issues involved. The process may be
solely based upon written material if the parties so agree Provisions of this Contract shall govern the panel in
deciding the disputes The parties shall equally share all cost associated with implementation of this process.
Attachment C:General Terms and Conditions 5 of 6 Grant Contract 2007063
The decision of the disputes panel shall bind the parties,unless the parties do not have the authority to perform the
remedy directed by that panel or the remedy is otherwise unlawful.
GOVERNINCI LAW AND VENUE—Washington law shall govern this Contract. In the event of a lawsuit
involving this Contract,venue shall be proper only in Thurston County.
SAVINGS If any State,Federal,private,or other fimdmg source withdraws,reduces,or limits in any way the funds
appropriated for the work under this Contract prior to normal termination of the Contract, the COMMISSION may
terminate the Contract without advance notice. At the COMMISSION's discretion,the parties may renegonate the
Contract under those new funding limitations and conditions.If this Contract is so terminated,the parties shall be
Liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the ,
effective date of termination.
TERMINATION FOR CONVENIENCE-Either party may terminate this Contract upon 15 days'prior written
notification to the other party. If this Contract is so terminated,the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination.
TERMINATION OR SUSPENSION FOR CAUSE—In the event the COMMISSION determines the ,
CONTRACTOR has failed to comply with the conditions of this Contract in a timely manner,the COMMISSION
has the right to suspend or terminate the Contract Before suspending or terminating the Contract,the
COMMISSION shall notify the CONTRACTOR in writing of the need to take corrective action. If corrective action ,
is not taken within fifteen(15)days of receiving notice,the COMMISSION may terminate or suspend the Contract
If the Contract is terminated for cause,the COMMISSION reserves the right to require the CONTRACTOR to repay
all or any portion of funds paid to the CONTRACTOR prior to tens nation The CONTRACTOR shall make
repayment within thirty(30)days of the demand. If the COMMISSION is required to institute legal proceedings to
enforce this repayment provision, the COMMISSION shall be entitled to its costs,including reasonable attorneys'
fees.However,repayment shall not be the sole or exclusive remedy available to the COMMISSION. No remedy
available to the COMMISSION shall be deemed exclusive. The COMMISSION may elect to exercise any,any
combination,or all of the remedies available to it under tlus Contract,or tinder any provision of law,common law,
or equity.
G. ADDITIONAL TERMS AND CONDITIONS IF GRANT INCLUDES FEDERAL FUNDS.
APPLICATION--If federal funds are committed by this Contract,the CONTRACTOR shall abide by the following
conditions.
PUBLICITY/ACKNOWLEDGEMENTS—The PUBLICITY/ACKNOWLEDGEMENT provision elsewhere in this
Contract is hereby amended as follows: ,
"The CONTRACTOR shall acknowledge the COMMISSION and the NEA in all printed or oral
material and announcements,including in-person interviews with audio,video,or print journalists,
which result from this Contract,as follows:"Ibis program is supported,in part,by a grant from the
Washington State Arts Commission and the National Endowment for the Arts."
Additionally,all printed materials shall display the NEA logo as per NEA General Terms and Conditions, '
Attachment F.
NEA GENERAL TERMS AND CONDITIONS, The NEA has awarded the federal funds committed by this ,
Contract to the COMMISSION The COMMISSION is obligated to the NEA to administer the funds according to
the NEA General Terms and Conditions set forth in Attachment F. All Legal Requirements(Federal Laws,rules,
regulations and OMB Circulars)enumerated in the NEA General Terris and Conditions apply to the
CONTRACTOR.As a subgrant recipient,the CONTRACTOR shall abide by the NEA General Terms and
Conditions not inconsistent with the Special and General Terms and Conditions of this Contract
Attachment C:General Terms and Conditions 6 of 6 Grant Contract 2007063
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Kent City Council Meeting
Date November 7, 2006
Category Consent Calendar
1 1. SUBJECT: 2007 COMMUNITY DEVELOPMENT BLOCK GRANT ACTION
PLAN AND FUNDING ALLOCATIONS —AUTHORIZE
r2. SUMMARY STATEMENT: Approve the proposed 2007 Community Develop-
ment Block Grant Action Plan, including funding allocations and contingency plans,
and authorize the Mayor to execute the appropriate certifications and agreements.
Attached is the proposed 2007 Community Development Block Grant (CDBG) Action
Plan for the City of Kent The $800,000 amount is an estimate based on the U.S.
Department of Housing and Urban Development (HUD) 2005 budget. The amount of
r money Kent may receive could increase or decrease depending upon the final federal
appropriations bill Congress passes in the fall. The plan includes contingencies to
address any potential fund alteration that may occur when Congress adopts the 2007
budget. The Action Plan is required by HUD and identifies the strategies and goals the
City will focus on in 2007.
3. EXHIBITS: 2007 Action Plan, Certifications, Application for Federal Assistance
4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc )
5. FISCAL IMPACT
Expenditurc? X Revenue? X
Currently in the Budget? Yes X No
rIf no:
Unbudgeted Expense: Fund Amount $
IUnbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
rCouncilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6D
!
1
1 City of Kent
!
i
Annual Action Plan
! 2007
! Update to Cons dated Plan for
1 Housing and Cwmunit�.-Development
Fiscal Years 2003 — 2007
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1 KEN T
WASH I N G T Q N
1
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r
r
MAYOR '
The Honorable Suzette Cooke
CITY COUNCIL
Deborah Ranniger,Council President
Tim Clark,Council Member
Ron Harmon,Council Member r
Bob O'Brien,Council Member
Debbie Raplee,Council Member
Les Thomas,Council Member
Elizabeth Watson,Council Member ,
PARKS&HUMAN SERVICES COMMITTEE
Deborah Ranger, Chair
Bob O'Brien,Council Member
Debbie Raplee,Council Member
CHIEF ADMINISTRATIVE OFFICER '
John Hodgson
HUMAN SERVICES COMMISSION
Brett Hollis,Commission Chair
George Adams,Commissioner
Dini Duclos,Commissioner
Jennifer Grosman,Comrrnssioner
Marilyn LaCelle,Commissioner
Cathy Peters,Commissioner
�•�; Perry Raak,Commissioner
Edna White,Commissioner
Elizabeth Watson,city Council Member
CITY STAFF
Parks,Recreation S Community Services Department ,
,.. Lori Hogan,Parks,Recreation&Community Services,Interim Director
Kathenn Johnson,Housing and Human Services Manager
Dinah Wilson,CDBG Coordinator
Menna Hanson,Senior Human Services Coordinator '
Jason Johnson,Human Services Coordinator
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TABLE OF CONTENTS
tINTRODUCTION 1
SOURCES OF FUNDS: HOUSING AND COMMUNITY DEVELOPMENT RESOURCES 1
• 2007 CDBG ESTIMATED RESOURCES 1
• OTHER RESOURCES .' 2
CITY OF KENT ALLOCATION PRIORITIES AND GEOGRAPHIC DISTRIBUTION 2
2007 PROPOSED HOMELESS AND OTHER SPECIAL TOPULATION ACTIVITIES 3
1 OTHER ACTIVITIES AND ANTIPOVERTY STRATEGIES 5
SUMMARY OF PROPOSED 2007 USE OF COMMUNITY DEVELOPMENT 8
BLOCK GRANT ENTITLEMENT FUNDS`
NEEDS OF PUBLIC HOUSING `_ 10
FAIR HOUSING 10
MONITORING ` 10
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POLICIES AND CERTIFICATIO �u f `i`�,� 11
FISCAL AUDITS 11
LEAD-BASED PAINT HAZARbS 12
ATTACHMENTS
ATTACHMENT 1: Table 3A,Summary/Statement of Specific Annual Objectives
' ATTACHMENT 2: Table 313:Annual Housing Completion Goals
ATTACHMENT 3: Table 3C:Annual Action Plan Listing of Projects
' CITY OF KENT 200T ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT jj
2007 ONE-YEAR ACTION PLAN FOR HOUSING AND
COMMUNITY DEVELOPMENT
1INTRODUCTION
Each year the City of Kent executes specific actions to implement the Goals and Strategies of the '
five-year Consolidated Plan. Actions that will be undertaken in 2007 are outlined in this Annual
Action Plan,which describes both the allocation of estimated resdurcesand a narrative of what will
be done. In a given year, d is possible that no steps will be taken to achieve a particular strategy.
Similarly, it is expected that during the course of the year, the City will be presented with
unanticipated opportunities that can be capitalized upon to help meet goals and strategies When
this occurs, the City will seize the moment to further the goals and strategies defined in the '
Consolidated Plan.
The development of the Annual Action.Plan includes a Citizen Participation Process involving '
public notification of the availability of;)h��plan draft and 'an opportunity for comments prior to
finalizing the Annual Action Plan. Perseus A disabilities area encouraged to participate in the
Citizen Participation Process and the public notice will describeFhow accommodations will be
made. -,,
FUNDS:SOURCES OF . I COMMUNITY DEVELOPMENT
2007 CDBG G-STJMATEIYB11�SbURCES
One of"major toolsfm accomhing the goals of the Consolidated Plan is the annual allocation
of Community Developm t, Blo6k,' ant (CDBG) funds provided by the U S Department of
Housing:and Urban Development. The City estimates that $800,000 in CDBG funds will be '
available for fhe January 1, 7 to December 31, 2007 budget year. The following outlines the
total anticipater}�Mources to implement the 2007 Action Plan-
Table 1 CDBG ESTIMATED RESOURCES
Federal
CDBG Allocation(estimated) $800,000 ,
Recaptured $ -0-
CDBG Program Income $ -0- '
ESG $ -0-
HOME $ -0-
HOPWA $ -0- '
Totlal CDBG/Federal Resources $800,000
CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT '
' OTHER RESOURCES
General Funds
The City of Kent allocates one percent(1%)of the general fund to provide human services directly
to Kent residents through contracts with non-profit agencies. The recommended allocation from
the 2007 General Fund budget is$698,565.
ApricylProgram 200T
Chid Care Resources-Childcare Subsidies 13,000.00
Children'sHomeSociety-StrengthenmgFamilies 10,000.00
Children's Therapy Center 35,000 00
City of Kent-Sate Havens 88,565.00
Communities in Schools of Kent ID,00&00
Community Health Centers of King County-Primary Dental 20,000 00
Community Health Centers of King County-Primary Medical 57,000 00
Conselo 12,000 00
Crisis Clinic 5,00000
1 DAWN-Shelter and Crisis line A000.00
Jewish Family Service "1.500 00
Kent Food Bank and Emergency Services 52,000 00
Kent Youth and Family Services-Family Counseling 47,000 00
' Kent Youth and Family Services-Teen Substance Abuse1! 14,500 00
Kent Youth and Family Services=Wafaon Manor 8,00000
King County Sexual Assault Resource(enter ,21,000 00
Mulb-SennceCenter-Education ` .• ,,; '10,00000
Mulb-Service Center-Emergency Services 55J100 00
Mulb-Service Cerrtetwt}ouslng 25,000 00
Pubic Heath of Seatile'King Cc 25,000 00
TBD-Horne➢ess Man's SerAces 30,000 00
Ukralnizi*CommunityCenW', = 10,00000
Valley Cities-Senior Out eaO 30,000 00
Wiley Cities-Surwvor,AuPpW,, 15,00o 00
WWEE-Econ Self Sdliikfetroy , 35,000 00
r;.-r;;,1 ,,,,�`-Chrklren'4DdProgram - 5,00000
��riA06 r —DVAdvooB y r 30,D0000
TOTAL: 098,565.00
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CITY OF KEN ALLOCATIWPRIORITIES AND GEOGRAPHICAL DISTRIBUTION
In addition to tha;,Consolidt Od Plan, allocation of CDBG funds is guided by the City of Kent's
' human services funding;priontles as established by the Human Services Commission. The
following priorities are considered when allocating funding for regional and local human services-
PRIORITY 1: Those services which help meet basic and emergency needs (food, medical care,
shelter, and protection from abuse and neglect).
PRIORITY 2: Programs which are preventive in nature and promote a high degree of self-
dependence.
PRIORITY 3: Programs which seek to enhance the quality of life in persons whose basic human
needs are already met
CITY OF KENT 2007 ACTION PLAN FOR FUSING AND COMMUNITY DEVELOPMENT 2
The City of Kent human service funding allocations are usually equally divided between Priorities
One and Two. Prionty Three programs have not been funded due to the critical needs in the other
two priority areas CDBG public service funding has historically been in Priority One, and funds ,
primarily benefit low-moderate-income persons.
Because low/moderate-income Individuals and families reside in various parts of the City of Kent, '
funds are geographically distributed throughout the City A high concentration of funds is
distributed to agencies that serve residents in the East and West Hill neighborhoods,which include
a high concentration of low-income individuals. '
HOUSING AND HOMELESS STRATEGIES ,
GOAL HI: EXPAND HOMEOWNERSHOP OPPORTUNITIES THROUGHOUT THE COMMUNITY '
FOR ALL INCOME GROUPS.
Strategy H2.C: Promote a diversity of housing types'affordable to a range of income levels
and culturalfethnic diversity. >,�r;n.
t =.;or
• Action: The City is evaluafittR options tachange re$ldenbal development standards
to allow attached,-housing hi residential'distripts and to promote additional mixed ,
use districts.-`
GOAL H2: EXPANOrTHE RANGE,'OF AFFORDABLE HOUSING CHOICES AVAILABLE TO '
MEET THE NEEDS 0#BOTH CURRENT KENT RESIDENTS AND RESIDENTS PROJECTED IN
GROWTH ESTIMATES.
Strategy 1-12.A4�Maintai6i*,existing stock of affordable housing.
Action Allo a $400,000 in CDBG funds to the Home Repair Program to support '
the existing r of homeownership in Kent.
•" "Action- Cond tit a performance audit and client satisfaction survey to evaluate the
effectiyene of the Home Repair Program.
• Acti6t*Vork regionally to improve home repair policies by participating on
regional policy committees.
GOAL H3: PROVIDE STABLE,SERVICE-ENRICHED HOUSING FOR HOMELESS PERSONS '
AND PERSONS WITH SPECIAL NEEDS.
Strategy H3.A:Actively support regional and sub-regional efforts to provide a coordinated '
continuum of housing and services for the homeless. Assure the interests of South King
County are included in the countywide process to end homelessness.
CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT 3
' • Action: In the 2005 legislative session, the Washington State legislature passed
a bill (House Bill 2163) creating a document recording fee to be used to end
homelessness in Washington State. Staff will participate in the 2163 application
review process.
• Action: Participate in the King County Housing Funders Group. This group meets
to discuss new projects or funding sources that are available for homeless
seances within King County.
' • Action: Continue providing staff support to efforts such as Safe Harbors (a
homeless management information system) and the Committee to End
Homelessness.
' • Action: Continue staff participation in the Regionat Affordable Housing Program
application review process.
' Strategy H3.B: Provide enhanced case management-and stabiltzaltion services linked to
transitional housing services for homeless persons.
' • Action: Allocate $10,000 in CDBG.Kmds to HospAality House to-support a shelter
for homeless women and link them to,securing permanent or transitional housing
Action: Allocate $17,000 in CDBG funds to Valley Cities Counseling to provide
outreach and case management services to homeless individuals
• Action: Allocate $10,000,Jh,CDBG funds to Community Health Centers of King
County, Healthcare for the,Homeless Project, to provide primary care and nursing
services to homeless familfea°and individuals living in transitional housing.
• Action: Allocate$33,000 in General Funds to DAWN to support a shelter and crisis
line for• estic violerice survivors.
• Actioh,Allocate$20;000 in CDBG funds to YWCA to provide transitional and case
managpnent serve ,tophomeless domestic violence survivors and their children
' S1r9# yi^,1*.C- Incite housing statillization for those who are homeless or at risk of
booming homeless.
Action: AJ*ate $3t,,* in CDBG funds to the Multi-Service Center to provide
housing stal$*y grants to low-income families to support move-in costs and to
,,,prevent eviction.
' • Anion' Coordinate with the Committee to End Homelessness.
• Action: Continue to actively enforce code provisions requiring mobile home park
owners to submit a relocation report and plan to the Human Services Division prior
to issuing eviction notices to tenants who must relocate due to closure, change of
use, or a zoning re-designation.
CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT 4
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ANTIPOVERTYi,)THER ACTIVITIES AND i
ECONOMIC DEVELOPMENT AND EMPLOYMENT STRATEGIES
GOAL E1: IMPROVE THE POTENTIAL FOR KENT RESIDENTS TO OBTAIN AND RETAIN ,
LIVEABLE WAGE JOBS.
Strategy E1.A- Support multi-dimensional approaches linking services to jobs to improve
the ability of people to obtain, progress in, and retain living wage jobs.
• Action: In 2005, the City received a total of $565,000 in federal and state funds to i
study the feasibility of creating a Center for Advanced Manufacturing. In 2006, the
City partnered with the Kent Chamber,to complete a,feasibility analysis and 1
business plan for the Center. In 2D07,,the City will work with the Chamber to
implement the business plan and start up the Center. The Vision of the Center is
to focus on innovation and business development activities among area 1
manufacturers and to allow them to retain and add jobs in an increasingly
competitive global manufacturing marketplace. These activities will include
partnering with other agencies to support manufacturers' need to find and train 1
qualified workers.
Strategy E1.C: Make jobs accessib(ieto all Kent residents. 1
• Action:-Low/moderate-income; Kent residents will have equal access to jobs
created through the*velopmenfof the Kent Station project. 1
GOAL E2:)NCiifrWE OPPOIAT'UNITIESF69-BUSINESSES TO DEVELOP AND EXPAND IN
KENT,V iPARTICULAR Ft -13 ON SMALL BUSINESSES AND MICRO-ENTERPRISES. 1
"'Strategy E2.13:Develop incentives and support for small businesses.
• Action. Allocka $25,000 in CDBG funds to Green River Community College to '
{wide buys counseling and technical assistance to assist low-income Kent
re tW 0iIn developing a new micro-enterprise business or expanding an ,
exisfirig'tnic ro-enterpdse business.
• Action:Allocate$25,000 in CDBG funds to Washington CASH to provide business
training and loan fund services for low-income women, people with disabilities and 1
other under-served individuals to develop new micro-enterpnse businesses.
• Action- Through the City of Kent Mayor's Office, provide $12,000 in general funds
to Green River Community College Small Business Assistance Center to provide
one-on-one counseling and small business classes to Kent residents
• Continue to partner with Evergreen Community Development Corporation, a non-
profit certified by the Small Business Administration to make 504 loans, by writing '
support letters for existing and new businesses seeking loans to purchase their
CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT 5 ,
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own real estate. When local businesses own their own property, this leads to
business stability.
• Action: Allocate $13,000 in General Funds to provide child care vouchers to
low/moderate-income families.
• Action Allocate $35,000 in General Funds to Washington Women's Employment
and Education (WWEE) to provide computer training and a lob readiness class to
low-income Kent residents.
Strategy E2.D: Support real estate development and redevelopment projects through
Section 108 Loan Guarantees and CDBG Float Loans that will benefit low/moderate-
income neighborhoods, will employ low/moderate-income persons or provide housing for
low/moderate-income persons
• Action: In 2006, the City partnered with Lowe's Hardware, Fred Meyers, and
Seattle Public Utilities (SPU) to redevelop several underused commercial
properties along the Pacific Highway corridor to help revitalize Kent's West Hill.
Since then, the Lowe's property,has been developed, Fred Meyers will move to
redevelop their property this year, and Kent XAW work with SPU to position the
Midway and Kent Highlands landfill sites for redevelopment in 2007 In 2007, Kent
residents will have equal employment opportunities to jobs created as a result of
the Lowe's and Fred Meyers developments.
ENABLE COMMUNITIES STRATEGIES
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GOAL Cl: ADDRESS ISSUES OF INPLUSION AND INTEGRATION.
Strategy C1 A.' Increase,k1diAdon of immigrants and refugees and people of color in the
life of the Kent community'
f Action:,, litat0<11-community engagement project to determine the human
_., services meads of fh®6514amali community.
Action: Continue to provide technical assistance and community linkages to
/� recently crew non-profits that work with immigrants and refugees on developing
micro-entees.
' • Acticut;,6ri inue to expand asset building, cultural enhancement, educational
support and community connection activities by supporting People of Color in
Philanthropy, a countywide organization that promotes racial equity and social
justice for communities of color through philanthropy.
GOAL C2: CREATE A COMMUNITY THAT SUPPORTS HEALTHY INDIVIDUALS AND
' FAMILIES.
Strategy C2A: Build neighborhood centersAocal access to services.
• Action: Allocate $70,000 in CDBG funds to purchase the building that houses the
' CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNOY DEVELOPMENT 6
Alliance Center, a One Stop Service Center that provides a central location to
meet the human service needs of the low/moderate-income community. ,
Strategy C2 B:Create a community that supports healthy families.
• Action: Allocate $26,000 in CDBG funds to Community Health Centers of ,
King County to provide primary medical services to low/moderate-income
individuals. ,
• Action: Allocate General Funds in the amount of $52,000 to Kent Food
Bank to provide emergency food bags and emergency assistance to
needy individuals and families residing in Kent. '
• Action: Continue to fund the City of Kent'Fire Department, Fall Prevention
project, to install handicap accessibility items in the homes of
low/moderate-income Kent residents '
• Action: Allocate $68,565 in General Funds to Safe Havens Visitation
Center which provides secure visitation services to family violence victims.
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CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT 7 '
SUMMARY OF PROPOSED 2007 USE OF COMMUNITY DEVELOPMENT BLOCK GRANT
ENTITLEMENT FUNDS
PUBLIC SERVICE PROJECTS
Project Funding Amount
Community Health Centers of King County $ 36,000
Hospitality House $ 10,000
Multi-Service Center $ 37,000
Valley Cities Counseling& Consultation $ 17,000
YWCA $ 20 000
Total Public Service: $120 000
ContingencyPlan
Increase
' . In the event of an Increase in public service funds above the preliminary estimate,
additional funds will be allocated to the MSC-Housing Stability Program, up to $40,000
Any additional funds will be divided between the funded programs.
Decrease
In the event of a decrea4o in CDBG public service funds, the decrease will be
proportionatel}idistnbuted ang the funded agencies with the exception of MSC Housing
Stability,with no,aVncy r**iufrlg'Iess than$10,000 in funding.
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CRY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT g
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CAPITAL PROJECTS
Project Funding Amount
Alliance Center $ 70,000
City of Kent Home Repair Program $400,000
Green River Community Coll $ 25,000
Washington CASH $ 25,000
Total Capital: $520,000
Contingency Plan
lncrease
In the event additional capital funds are received or recOptured, the additional funds will be
allocated to the Alliance Center, up to$200,000.
Decrease
If there is a decrease in funds, projects will be cut in the fowing order:
1. Green River Community Colleg
2. Washington CASH
3 City of Kent Home Repair Program, '
4. Alliance Center
PLANNING AND ADMMTRATIOIi'_'',
Planning an..A inistratioft [$160,000
Total PlogningJA4MInlitration: ;160 000
The City will expend the fail 20%of-Entitlement funding for Planning and Administration.
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CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT 9
NEEDS OF PURLIC HOUSING
The City works closely with the local public housing authority, King County Housing Authority
(KCHA). In 2005,the City provided CDBG funds toward the renovation of Springwood
Community Center,which is located at the Springwood Public Housing Apartments in Kent
The City refers low-income residents for public housing,connects funded agencies and other
local agencies to KCHA,and is working with KCHA to shape the redesign of Springwood
Housing Apartments in order to streamline operations and to contribute to the economic self-
sufficiency of residents.
FAIR HOUSING
The City continues to monitor compliance with the Fair Housing Act and to respond
appropriately to alleged violations; complaints are referred to the Washington State Human
Rights Commission for resolution.
In 2004, the City hired a consultant and its'-first Analysis of Impediments to Fair Housing
Choice (AI) as a direct entitlement City was completed in 2005 The Fair Housing Consultant
identified three impediments and trade two recommendations which fall under the City's
authority. The two recommend atioriiweree
• Expand current education andoutreach,efforts; and,E r
• Target homeownership and leading matketin" to African American and Hispanic
households.
The following actions expand edurmtion a460— each efforts:
• Creation`dN fair Hokisin paimphlet erMed Fair Housing—1t's Your Right which can
be gownloadedfrotrr N-'
0ts`fift5tition of fair-housing informational materials at City-sponsored crime prevention
training andresource fairs,and
Inclusion of Fair Mousing Ocles in City publications.
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The followi4,laction tatiits homeownership and lending marketing to African American and
Hispanic housew*-.`"
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• Outreach to lenders, including a local Hispanic-owned bank, to explore ways to
increase homeownership and lending to African American and Hispanic residents.
The City monitors its CDBG program throughout the year. The CDBG Program Coordinator
meets with newly funded programs to review reporting requirements and to address issues that
need clarification Programs that need guidance in achieving performance measures receive
CITY OF KENT 200T ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT 10
technical assistance and/or on-site monitoring. The failure to comply with contractual
requirements and regulations could result in remedial actions and/or the termination of funding.
POLICIES AND CERTiFICATIONS
Agencies applying for CDBG funds are required to respond to general and program specific polices
in their applications All projects are evaluated to determine if they are.
1. Eligible relative to federal guidelines;
2. Consistent with the program objectives and strategies;
3. Consistent with local, state and federal regulations;
4. Feasible within contract and timeline guidelines;and
5 Capable of developing and measuring outcomes.
These policies include,among others:
• Consistency with local codes arid;policies;
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• Restrictions on the change of use, of property and buildings which were acquired or
improved with CDBG furls;
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• Minimization of d'tsplacemeforid the provision of relocation assistance;
• Adherence to federal wagp_,-i*as;...
• Cgrf l6r as-with fel t audit requirembnts;and
t,.Adherence to and enfor 6h. nt of lead-based paint abatement regulations, fair housing
Dios and affirmative action.
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�FISCAL AUDITS
The City conducts an internal audit to ensure that its records are complete and agencies are
complying with applicable rules and regulations. In addition, the City's records are subject to an
independent annual audit
The auditor tested the Crty's compliance Nth the following CDBG requirements,
• Political Activity;
• Davis-Bacon and Related Acts;
• Civil rights;
CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT ��
. Cash Management;
. Federal Financial Reports;
Allowable Costs&Cost Principles;
. Drug-Free Workplace Act;and
. Various administrative requirements.
LEAD-BASED PAINT HAZARDS
The following actions are taken by the City to evaluate and reduce the number of housing units
containing lead-based paint hazards:
• Action: Assure that all homeowners served by the Home Repair Program receive and
comprehend the Lead Based Paint informational materials.,
Action: Assure that Home Repair staff use the Lead-Safe Housing Rule Checklist for
General Compliance DocumentatrQn as a guide to verify compliance with lead-based paint
rules and that aLead-Safe Houkag`Rule Applicability form is completed on every Home
Repair client.
Action. Assure adherence to and 646rcement bhead-based paint abatement regulations.
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CITY OF KENT M7 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT 12
ATTACHMENTS
1. Table 3A:Summary/Statement of Specific Annual Objectives
2. Table 36:Annual Housing Completion Goals
3. Table 3C:Annual Action Plan Listing of Projects
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ATTACHMENT 1
Table 3A: Summary/Statement of Specific Annual Objectives
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TABLE 3A
SUMMARYISTATEMENT OF SPECIFIC ANNUAL OBJECTIVES
BILITY
TO ,
Obj.# OutcomelObjective Source Performance Year Expected Actual# Percent
of Funds Indicators # Completed
DH-1 Enhance accessibility to CDBG -Number of 200T 17 YWCA
decent housing by persatis 80 HRP
providing the following receiving TOTAL:97
transitional housng& housing and
case management for case
domestic vtotem management
survivors and their -Number of
children;rehabilitation households
assistance and health receiving home
and safety repairs to repair
bwlmoderate-income assistance
Kent homeowners
RO
Obj.#ACCESSIBILITY Outcome/Objective Source of Performarica Year Expected Actual# Percent
Funds Indicators ' #• Completed
SL_1 Enhance accessibility CDBG Number of 2007 10 HH
to a suitable living persons 22 VCC
environment by ,,moving 144 CHCKC
providing shelter,case 81felfter 78,226 AC
managementloutreach, .Numberof Total:
medical services,and persons 7E492
a one-stop service retle{wng
center to meet the outreach S
human service need' r �. case'••
of low/moderate- - "" = management
income rndivrdusls and •Number'df,,
famhes persons
rggerving
y services
•Numberof
homeless
4{ I`FS
parsons
recemng
nursing
semces
-Number of
individuals
receiving
assistance with
human
servx;es needs
OF s
Obj.# OutcornelObjectiva Source of Performance Year Expected# Actual Percent
Funds Indicators # Completed
SL-3 Address the need to CDBG -Nub of 2007 50 MSC
sustain a suitable living persons
swronment by recemng
providing housing grantslloans
stabihty grants to low-
income or homeless
individuals
CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT j
TABLE M
CONTINUED
ACCESSIBILITY TO ECONOMIC OPPORTUNITY
EO-1 Enhance the CDBG -Number of 43 WA
accessibility persons CASH
of economic enrolled in 24GRCC
opportunity business Totat.67
and promote training
the creation classes
of micro- -Number of
enterpnses persons
by providing assisted with
business business
training counseling
classes&
business }
counsels
eISeCs •:C'
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`yyt33� ry 4
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CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT !!
ATTACHMENT 2
Table 3B Annual Housing Completion Goals
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TABLE 38:ANNUAL HOUSING COMPLETION GOALS
Resources used durmg the period
Annual Expected Number CDBG HOME ESG HOPWA
Completed
ANNUAL AFFORDABLE HOUSING GOALS
(SEC.215
Homeless Households 1T X ❑ ❑ ❑
Non-homeless households ❑ ❑ ❑ ❑
Special Needs Households ❑ ❑ ❑ ❑
ANNUAL AFFORDABLE RENTAL HOUSING
GOALS(SEC.215)
Acquisition of existing units ❑ ❑ ❑
Production of new units o ❑ ❑
Rehabilitation of existing units ❑ ❑ ❑ ❑
Rental Assistance ❑ ❑ ❑
Total Sec.215 Affordable Rental ❑ ❑ ❑
ANNUAL AFFORDABLE OWNER HOUSING
GOALS(SEC.215)
Acquisition of exisbng units ❑ ❑
Production of new units ❑ Cl
Rehabilitation of existina units so X ❑
Hornebuyer Assistance ❑ 1 ❑ ❑
Total Sec.215 Affordable Owner ❑ ❑ ❑ ❑
ANNUAL AFFORDABLE HOUSING GOALS
SEC.215
Acquisition of existr units "� ? ❑ ❑ ❑
Production of new uni ❑ ❑ ❑
Rehabilitation of exist 421 ❑ ❑ ❑
Homebu rAs ce ❑ ❑ ❑
Total Sec.215 AffokWo Housing ❑ ❑ ❑ ❑
ANNUAL HOUSING GOALS
Annual Rental Housing " ` ❑ ❑ ❑ ❑
AnnWa(QW*fting Gbat ; ❑ ❑ ❑ ❑
To eRnnual Hodai Goal"- . 97 X ❑ ❑ ❑
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CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT j
ATTACHMENT 3
Table 3C:Annual Action Plan Listing of Projects
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TABLE X
ANNUAL ACTION PLAN LISTING OF PROJECTS
Jurisdiction's Name: City of Kent
Priority Need: High:Owner Occupied Housing
Project Title: City of Kent,Parks,Recreation&Community Services- Planning&
Administration:Home Repair Program
Description
This project will offer rehabilitation assistance and health and safety repairs to low/moderate-income Kent households;a significant number of
seniors are assisted in this project The purpose is to assist Kent residents to rehabilitate their homes in order to maintain housing stock within
the City The grantee expects to serve approximately 80 unduplicated households during the 2007 program year
Objective category:❑Suitable Living Environment X Decent Housing ;-6Eeonomic Opportunity
Outcome Category ❑AvailabilitylAc cessibildy ❑Affordability X Sustainabihly
LocattonlTarget Area:Throughout the City of Kent. The Home Repair Program is at:220 40,Ave.S,,Kent,WA 9BO32
Objective Number Project ID; Funding Sources
DH-3
HUD Matrix Code CDBG Citation, _ 'CDBG $400,000
14A Rehab:Single Unit Residential 570.202 Rehabiiifation.
Type of Recipient CDBG Nabonal Objective ESG
Grantee LMM Housing 208 a 3
Start Date Completion Date HOME
11V07 12131107
Performance Indicator Annual Units HOPWA
• Number of households receiving home nepairasaistance 80 Kent households
Local ID Units Upon Completion Prior Year Funds
BG0710 4Y''t,_ '` Other Fundrn
Total t400,000
The primary purpose ofthe{Ndj'e�lisiQhelp _ , -
❑The Homeless
X LowlMod•Incorne Persons . .
❑Persons with HIV1AfOB
a Persons with Disabilities, =-
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t Project ID will be added after projects entered into IDIS.
Jurisdiction's Name: City of Kent
Priority Need: High
Project Title: City of Kent,Parks,Recreation&Community Services:Planning&
Administration
Description
The City of Kent will use funds to administer the Citjr's CDBG protects and to carry other strategies outlined in its 2003-2007 Consolidated
Plan Funding supports a full-time CDBG Coordinatorpositron Funds will also be used for general CDBG program administration costs.
Objective category: NIA Suitable Living Environment a Decent Housing ❑Economic Opportunity
Outcome Category WA AvadabiliWAccessibility o Affordability ❑Sftstafnabibty
Location/Target Area:Throughout the City of Kent. The CDBG Program is at:22D*Ave.S.,Kent,WA 98032
Objective Number Project ID Funding Source$.
NIA
HUD Matrix Code CDBG Citation CDBG $160,000
21A General Program Admin 570 205
Type of Recipient CDBG National Objective ESG
Grantee Planning&Admin.208 d 4
Start Date Completion Date HOME
111107 12131/07
Performance Indicator Annual Units HOPWA,
NIA NIA
Local ID Units Upon( fipon P' 'Year Funds
8G0701 ,,. Other fundin
Total ` >t160000
The primary purpose of the project is to help:
❑The Homeless
X Low/Mod-Income Pers
❑Persons with HIV/AIDS
❑Persons with DisabEttles w ;'
� a
i
CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT 2
Jurisdiction's Name: City of Kent
Priority Need: High:Human Services One-Stop Service Center
Project Title: Alliance Center
Description
This project will receive funds to purchase a budding to house a One-Stop service center for human services programs. The purpose is to
provide a central location to meet the human services needs of the low/moderate-income community. The human services agencies located
within the Alliance Center expect to serve approximately 78,226 individuals during the 2007 program year
Objective category: X Suitable Living Environment ❑Decent Housing ❑Economic Opportunity
Outcome Category X AvadabildylAccessibdity ❑Affordability ❑Sustainabihty
Location/Target Area:515 W.Harrison St.,Kent,WA88030
Objective Number Project iD Fttndfng Sources
BL-1
HUD Matrix Code CDBG Citation CDBG $70,000
01 Acquisition of Real Property 570.201(a)Acquisition
Type of Recipient CDBG National Objective ESG
Private Non-profit Sub-reci ent Limited Clientele 208 a i C
Start(rate Completion Date HOME
1/1/07 12/31/07
Performance Indicator Annual Units HOPWA
Number of persons receiving human services 78,226 individuals
Local ID Units Upon Gompietiort Prror ear Funds
BG0716 OtherFundm
total $70000
The primary purpose of the project is loop,
❑The Homeless
X Low/Mod-Income Persons
❑Persons with HIV/AIDS
❑Persons with Disabilities,
Ki f
CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT $
Jurisdiction's Nine: City of Kent
Priority Need: High:Health Care
Project Title: Community Health Centers of King County:Medical Services
Description
This project will offer primary medical services to low/moderate-income residents of the City of Kent The purpose is to provide accessibility to
health services for residents who otherwise could not afford to seek medical assistance The sub-recipient expects to serve approximately 144
unduplicated households during the 2007 program year
Objective category:X Suitable Living Environment o Decent Housing ❑Economic Opportunity
Outcome Category X AvalabdrtylAccessibilrty ❑Affordability 0,%etainabrldy
Location/Target Area:403 E.Meeker St,#300,Kent,WA 98030
Objective Number Project ID "t i Funding Sources
SL-1
HUD Matrix Code CDBG Citation CDBG $261400
05M Health Services 570.201 a Public Services
Type of Recipient CDBG National Objective ESG
Private Non rofit Sub-reci lent Li lientele 208 a 2 I G
Start Date Completion Date HOME
V1107 12131107-,
Performance Indicator Annual Units HOPWA
Number of persons receiving medical services 125 Kent residents
Local ID Upon Completion Prior Year Funds
BG0702 Other Funding
Total $26 000
The primary purpose of the project is to help'
o The Homeless
X LowlMod-Income Pews
o Persons with HIWA1O8
o Persons with Disabilities
x
CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT 4
Jurisdiction's Name: City of Kent
Priority Need: High:Heath Care
Project Title: Community Heath Centers of King County:Healthcare for the Homeless
Description
This project will offer nursing services to homeless individuals who reside in Kent-area transitional and domestic violence shelters. The purpose
is to provide on-site nursing services to homeless persons The sub-recipient expects to serve approximately 19 unduplicated households
during the 2007 program year
Objective category:X Suitable Living Environment a Decent Housing o Economic Opportunity
Outcome Category X Availability/Accessibility ❑Affordability o 5ustamabdity
LocabonfTarget Area:Kent area shelters. CHCKC clinic is at:403 E.Meeker St.,#300, Kent,WA 90030
Objective Number Project ID Funding Sources
SL-1
HUD Matrix Code CDBG Citation CDBG $10,000
05M Health Services 570 201 a Public Services
Type of Recipient CDBG National Objective 'ESG
Private Non-profit Sub-recipient ient Limited°Qjentele 208 a 2 j
Start Date Completion Date HOME
111107 12l31107
Performance Indicator Annual Unh HOPWA
• Number of persons receiving nursing services 19 Kent residents
Local ID :. Unds Upon Completion Prior Year Funds
BG0702 Ocher Funding
Total $14 000
yF.
The primary purpose of the prQ ect is to helps ;r
X The Homeless ,,I' -
o LowlMod-Income Perms
o Persons with HIVWDS
o Persons with Disabilities
CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT 5
Jurisdiction's Name: City of Kent
Priority Need: High:Economic Opportunity
Project Title: Green River Community College:Micro-enterprise Development
Description
This project will offer business counseling and technical assistance for the creation or the expansion of micro-enterpnse businesses that are
located within the City of Kent. The purpose is to increase the income of low-income Kent residents and to stimulate business growth The
sub-recipient expects to serve approximately 24 unduplicated persons during the 2007 program year.
Objective category: o Suitable Living Environment ❑Decent Housing X Economic Opportunity
Outcome Category X Availability/Accessibility ❑Affordability ❑Sustainebtlity
Location/Target Area:4117 Ramsay Way,Sub 112,Kent,WA 98032
Objective Number Project ID ]"binding Sources
EO-1
HUD Matrix Code CDBG Citation CDBG $25,000
18C Micro-enterprise Assistance 570.201 o t n
Type of Recipient CDBG National Objective ESG
Private Non-profit Sub-recipient Limited CWele 208 a 2 i C
Start Date Completion Date HOME
111107 12131107
Performance Indicator Annual Units HOPWA
• Number of persons assisted with business counseling ;24 Kent residents
Local ID Units Upon Canpleow Prior Year Funds
BG0713 Other Funding
Total $25 000
The primary purpose of the project isto1Wp:
o The Homeless
X Low/Mod-Income Persons
o Persons with HIWAIDS
❑Persons with Disabiliti"4";t
r
n y
CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT 6
Jurisdiction's Name: City of Kent
Priority Need: High:Shelter
Project Title: Hospitality House:Homeless Women's Shelter
Description
This project mll provide shelter to single women who resided in Kent prior to their homelessness The purpose is to provide shelter and case
management services to chronically homeless women. The sub-recipient expects to serve approximately 10 women during the 2007 program
year
Objective category:X Suitable Living Environment ❑Decent Housing o Economic Opportunity
Outcome Category X AvailabdltylAccessiblity ❑Affordability o Sustainabihty
LocationfTarget Area:15003141h Ave.,SW,Burien,WA 98166
Objective Number Project ID Funding Sources
SL-1
HUD Matrix Coda CDBG Crta0on CDBG $10,000
05 Public Semces 570201 a Public Services
Type of Recipient CDBG National Objective ESG
Private Non-profit Sub-recipient Limited Clientele 208 a 2 A
Start Date Completion Date HOME ,
1/1107 12/31/07
Performance Indicator Annual Units HOPtNA
• Number of persons receiving shelter 10 Kent residenw-,'Y".
Local ID Units Upon ComplaG Prior Year Funds
BG0709 j, 1,01therFunding
Total $10 000
The primary purpose of the project is Whelp:
X the Homeless r
❑LowlMod-Income Persons
❑Persons with HIVIAIDS
❑Persons with Disabill eg
r;
CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT 7
Jurisdiction's Name: City of Kent
Priority Need: High:Housing
Project Tide: Mufti-Service Center:Housing Stability
Description
This project will provide housing stability grants to low-income or homeless individuals. The purpose of this project is to prevent homelessness
The sub-recipient expects to serve approximately 50 unduplicated persons during the 2007 program year
Objective category:X Suitable Living Environment o Decent Housing o Economic Opportunity
Outcome Category ❑Availability/Accessibility o Affordability X Sustainabilrty
Location/Target Area:515 W.Harrison St.,Kent,WA 98032
Objective Number Project ID Fund4Sources
SL-3 -
HUD Matrix Code CDBG Citation CDBG S37,000
05 Public Services 570 201 a Public Services
Type of Recipient CDBG National Objective - ESG
Private Non-profit Sub-recipient Limited Clientele 208 a 2 i C
Start Date Completion Date HOME
111107 12131107
Performance Indicator Annual Units HOPWA
• Number of persons receiving grantslloans 50 Kent re,*ents
Local ID Units Upon Completion Prior Year Funds
8G0705 Other Funds
Total $37,000
The primary purpose of the project is to WIX.
❑The Homeless
X Low/Mod-Income Persons
❑Persons with HIV/AIDS
❑Persons with Disabilities
CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT g
Jurisdiction's Name: City of Kent
Priority Need: High: Mental Health
Project Title: Valley Cities Counseling&Consultation: Homeless Outreach
Description
This project will provide outreach and case management services to homeless,mentally disabled persons living within the City of Kent The
purpose of this project is to connect the chronically tameless and mentally disabled to services and assist them on the path to obtaining
permanent housing. The sub-recipient expects to serve approximately 22 unduplicated persons during the 2007 program year
Objective category:X Suitable Living Environment ❑Decent Housing ❑Economic Opportunity
Outcome Category X Availability/Accessibility ❑Affordability ❑Sustainabdity
Location7Target Area:325 W.Gowe St.,Kent,WA 98030
Objective Number Project ID Funding Sources
SL1
HUD Matrix Code CDBG Citation CpBG $17,000
050 Mental Health Services 570 201 a Public Services
Type of Recipient CDSG_,Nabonal Objective ESG
Private Non-profit Sub-recipient Lhbd Clientele 2 2 i A
Start Date Completion Date HOME
111/07 12J31107
Performance Indicator Annual Units HOPWA
• Number of persons receiving outreach and case management 22 Kent residents ,
Local ID Units Upon_Completion Prior Year Funds
BG0707 Other Funding
a Total $17 000
The primary purpose of the project is,to-hotp. =°
X The Homeless
❑LowlMod-Income Persons `n ,
❑Persons with HIVIAIDS
❑Persons with Disabarbea.,
r
CITY OF KENT 2007 AC71ON PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT g
r
Jurisdiction's Name: City of Kent
Priority Need High:Economic Opportunity
Protect Title: Washington CASH:Kent Micro-enterprise Initiative
Description
This project will offer business training and loan fund services to low-income women,people with disabdfies and other under-served Kent
residents The purpose is to offer economic opportunity by teaching low-income entrepreneurs how to create a business The sub-recipient
expects to serve approximately 43 unduplicated persons during the 2007 program year
Objective category:❑Suitable Living Environment o Decent Housing X Economic Opportunity
Outcome Category X AvadabdrtylAccesscbdcty ❑Affordability ❑Sustamabilcty
Location/Target Area:515 W.Harrison St,Kent,WA 98032
Objective Number Project ID Funding Sources
EO-1
HUD Matrix Code CDBG Citation CDBG $25,000
18C Micro-enterprise Assistance 570.201 0 1 ' -
Type of Recipient CDBG National'Objective ESG
Private Non-profit Sub-recipient Limited0ietttele 208 a 2 r C
Start Date CompletionQate, HOME
111107 12/31/07 ,
Performance Indicator Annual Units HOPWA
• Number of persons enrolled in business training classes, 43 Kent residents
Local ID Wits Upon Completion Prior Year Funds
BG0714 Other Funding
Total $25000
The primary purpose of the project is w6etp:
o The Homeless o-
X LowNod-Income Persons
❑Persons with HIV/AIDS :'ca
❑Persons with Disabilities
h k
CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUWrY DEVELOPMENT 10
Jurisdiction's Name: City of Kent
Priority Need: High:Housing
Project Tide. YWCA:Transitional Housing
Description
This prated will provide transitional housing and case management services to homeless domestic violence survivors and their children.The
purpose of this project is to provide service-ennched transitional housing with the goal of facilitating permanent housing The sub-recipient
expects to serve approximately 17 unduplicated households during the 2007 program year
Objective category:o Suitable Living Environment X Decent Housing o Economic Opportunity
Outcome Category X Availability/Accessibility ❑Affordability o Sustainabihty
LocatiordTarget Area:Confidential
Objective Number Project ID Funding Sources
OH-1
HUD Matrix Code CDBGCitaGon CDBG $20,000
05G Battered and Abused Spouses 57021i a Public Services
Type of Recipient CDBG Natonal Objective ESG
Private Non-profit Sub-reci ent Limited Clientele 208 a i A
Start Date Completion Date HOME
1/1107 12/31/07
Performance Indicator - Annual Units- HOPWA
• Number of households receiving housing and case management 17 households
Local ID Units upon Completion Prior Year Funds
BG0708 I Other Funding
Total $20 000
The primary purpose of the project is.to help. _ !
X The Homeless
❑LcwlMod-Income Persons
❑Persons With HIWAIDS
,Yp x t
❑Persons with Disabrjdies
i
CITY OF KENT 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT 11
10/06/06 page 1
CERTIFICATIONS
In accordance with statutes and the regulations governing Consolidated Plan regulations,the City of Kent certifies
that:
Affirmatively Further Fair Housing—The City of Kent will affirmatively further fair housing, conducting an analysis
of impediments to fair housing choice within the jurisdiction,developing strategies and taking appropriate actions to
overcome the effects of any impediments identified through the analysis, and maintaining records reflecting the
analysis and actions taken to further the strategies and actions.
Anti-displacement and Relocation Plan—The City of Kent will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended,
and implementing regulations at 49 CFR 24;and it has in effect and is following a residential anti-displacement and
relocation assistance plan required under section 104(d)of the Housing and Community Development Act of 1974,
as amended, in connection with any activity assisted with funding under the CDBG or HOME programs.
Drug Free Workplace—The City of Kent will continue to provide a drug-free workplace in accordance with the Drug-
Free Workplace Act of 1988(41 USC 701)by:
1. Publishing a statement notifying employees that the unlawful manufacture,distribution, dispensing,
possession,or use of a controlled substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition,
2. Maintaining an ongoing drug-free awareness to inform employees about:
(a) The dangers of drug abuse in the workplace,
(b) The grantee's policy of maintaining a drug-free workplace.
(c) Available drug counseling, rehabilitation,and employee assistance programs, and
(d) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace,
3. Establishing a policy that each employee to be engaged in the performance of the grant be given a copy of
the statement required by paragraph 1;
4 Notifying each employee in the statement required by paragraph 1 that, as a condition of employment under
the grant,the employee will-
(a) Abide by the terms of the statement;and
(b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
5. Notifying HUD in writing,within ten calendar days after receiving notice under subparagraph 4(b)from an
employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must
provide notice,including position title,to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central point for the receipt
of such notices. Notice shall include the identification numbers)of each affected grant.
6. Taking one of the following actions,within 30 calendar days of receiving notice under subparagraph 4(b),
with respect to any employee who is so convicted.
10/06106 page 2
j (a) Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended;or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State,or local health, law enforcement,or other
appropriate agency,
7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs 1, 2, 3, 4, 5 and 6.
8. Providing the street address,city,county,state and zip code for the site or sites where the performance of
work in connection with the grant will take place. For functions camed out by employees in several
1 departments or offices,more than one location will be specified. It is further recognized that sites maybe
added or changed during the course of grant-funded activities. The City of Kent will advise the HUD Field
Office by submitting a revised Place of Performance form. The City of Kent recognizes that the period
covered by this certification extends until all funds under the specific grant have been expended.
Anti-Lobbying—To the best of the City of Kenfs knowledge and belief:
t1. No Federally appropriated funds have been paid or will be paid, by or on behalf of it,to any person for
influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant,the making of any Federal loan,the entering into
of any cooperative agreement, and the extension,continuation, renewal,amendment,or modification of any
Federal contract,grant, loan,or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an
officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal
contract, grant, loan,or cooperabve agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying"in accordance with its instructions;and
3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the
award documents for all subawards at all tiers(including subcontracts, subgrants,and contracts under
grants, loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.
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10/06/06 page 3
Authority of Jurisdiction—The Consolidated Plan is authorized under State and local law(as applicable) and the
City of Kent possesses the legal authority to carry out the programs for which it is seeking funding, in accordance
with applicable HUD regulations
Consistency with plan—The housing activities to be undertaken with CDBG,HOME, ESG, and HOPWA funds are
consistent with the strategic plan
Section 3—It will comply with Section 3 of the Housing and Urban Development Act of 1968,and implementing
regulations at 24 CFR Part 135.
Signature/Authorized Official Date
Mayor Suzette Cooke
APPROVED AS TO FORM:
Kent Law Department
10106/06 page 4
Specific CDBG Certifications
The City of Kent, as an Entitlement Community,certifies that:
Citizen Participation- It is in full compliance and following a detailed citizen participation plan that satisfies the
requirements of 24 CFR 91.105.
Community Development Plan-Its consolidated housing and community development plan identifies community
development and housing needs and specifies both short-term and long-term community development objectives that
that have been developed in accordance with the pnmary objective of the statute authorizing the CDBG program, as
described in 24 CFR 570 2 and 24 CFR, Part 570
Following the Consolidated Plan-It will follow the five year-Consolidated Plan as approved by HUD.
Use of Funds-It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds,the City of
Kent certifies that it has developed its Action Plan so as to give maximum feasible pnonty to activities which
benefit low and moderate income families or aid in the prevention or elimination of slums or blight The
Action Plan may also include activities which the grantee certifies are designed to meet other community
development needs having a particular urgency because existing conditions pose a serious and immediate
threat to the health or welfare of the community,and other financial resources are not available to meet
such needs;
2. Overall Benefit The aggregate use of CDBG funds including section 108 guaranteed loans during program
year 2007 shall principally benefit persons of low and moderate income in a manner that ensures that at
least 70 percent of the amount is expended for activities that benefit such persons during the designated
penod;
3. dial Assessments. The City of Kent will not attempt to recover any capital costs of public improvements
assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against
properties owned and occupied by persons of low and moderate income, including any fee charged or
assessment made as a condition of obtaining access to such public improvements However, if CDBG funds
are used to pay the proportion of a fee or assessment that relates to the capital costs of public
improvements(assisted in part with CDBG funds)financed from other revenue sources, an assessment or
charge may be made against the property with respect to the public improvements financed by a source
other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income(but not
low-income)families,an assessment or charge may be made against the property for public improvements
financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the
assessment
Excessive Force-It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against
any individuals engaged in non-violent civil rights demonstrations;and
10/06/06 page 5
2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a
facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction;
Compliance With Anti-discrimination laws—The grant will be conducted and administered in conformity with title
VI of the Civil Rights Act of 1964 (42 USC 2000d),the Fair Housing Act(42 USC 3601-3619), and implementing
regulations
Lead-Based Paint—The City of Kent's notification,inspection,testing and abatement procedures concerning lead-
based paint will comply with the requirements of 24 CFR E570 608,
Compliance with Laws—It will comply with applicable laws.
Signature/Authorized Official Date
Mayor Suzette Cooke
APPROVED AS TO FORM:
t
Kent Law Department
110/06/06 page 6
APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS:
A. lobbying Certification
1 This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each
such failure.
B. Drug-Free Workplace Certification
1. By signing and/or submitting this application or grant agreement,the City of Kent
is providing the certification.
2. The certification is a material representation of fact upon which reliance is placed when
the agency awards the grant. If it is later determined that the grantee knowingly rendered
a false certification,or otherwise violates the requirements of the Drug-Free Workplace
Act, HUD, in addition to any other remedies available to the Federal Government,may
take action authorized under the Drug-Free Workplace Act.
3. Workplaces under grants,for grantees other than individuals,need not be
identified on the certification. If known,they may be identified in the grant
application If the grantee does not identify the workplaces at the time of
application, or upon award, if there is no application,the grantee must keep the
identity of the workplace(s)on file in its office and make the information available $
for Federal inspection, Failure to identify all known workplaces constitutes a
violation of the grantee's drug-free workplace requirements.
4. Workplace identifications must include the actual address of buildings(or parts of
buildings)or other sites where work under the grant takes place Categorical
descriptions may be used(e.g., all vehicles of a mass transit authority or State
highway department while in operation, State employees in each local
unemployment office,performers in concert halls or radio stations)
5. If the workplace identified to the agency changes during the performance of the
grant,the grantee shall inform the HUD of the change(s),if it previousty identified
the workplaces in question(see paragraph three).
6. The grantee may insert in the space provided below the site(s)for the
performance of work done in connection with the specific grant.
Place of Performance(Street address, city,county, state,zip code)
City of Kent
220 411 Avenue South
Kent, WA 98032
Check—if there are workplaces on file that are not identified here
10106106 page 7 j
The certification with regard to the drug-free workplace is required by 24 CFR, Part 24, Subpart
F,
7. Definitions of terms in the Non-procurement Suspension and Debarment common rule
and Drug-Free Workplace common rule apply to this certification. Grantees'attention is
called, in particular, to the following definitions from these rules-
"Controlled substance"means a controlled substance in Schedules I through V of the Controlled
Substances Act(21 U.S.C.812)and as further defined by regulation (21 CFR 130811 through
1308.15);
"Conviction" means a finding of guilt(including a plea of nolo contendre)or imposition of sentence,
or both, by any judicial body charged with the responsibility to determine violations of the Federal
or State criminal drug statutes;
"Criminal drug statute"means a Federal or non-Federal criminal statute involving the manufacture,
distribution,dispensing,use,or possession of any controlled substance,
"Employee"means the employee of a grantee directly engaged in the performance of work under a
grant,including, (1)All"direct charge"employees; (ii)all "indirect charge"employees unless their
impact or involvement is insignificant to the performance of the grant;and (iii)temporary personnel
and consultants who are directly engaged in the performance of work under the grant and who are
on the grantee's payroll. This definition does not include workers not on the payroll of the grantee
(e.g., volunteers,even if used to meet a matching requirement,consultants or independent
contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in
covered workplaces).
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10/06/06 page S
MONITORING
The City annually conducts formal contract monitoring visits and/or makes site visits to CDBG-funded protects to
ensure that activities are in compliance with City and federal regulations, including an assessment of compliance with
national objectives and activity eligibility During the formal monitoring process,the provider agency's administrative
structure is examined along with administrative policies and procedures to ensure compliance with regulations A
detailed contract monitoring checklist is completed and forwarded to agencies,along with recommendations for
improvements and needed follow-up Summaries of contract monitoring visits and recommendations are provided to
the Kent Human Services Commission.
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APPLICATION FOR OMB Approval No 030-0043
FEDERAL ASSISTANCE 2.DATE SUBMITTED Applicant Identifier
October 6, 2006 DUNS #: 02-025-3613
1.TYPE OF SUBMISSION. 3.DATE RECEIVED BY STATE Stale Application Identfer
plication Preapplication
Construction ❑construction 4.DATE RECEIVED BY FEDERAL AGENCY Federal Identifier
✓ Non-Construction Non-Construction
5.APPLICANT INFORMATION
Legal Name Organizational Unit.
City of Kent Parks, Recreation & Community Serv.
Address(give oty,county.State,and rip code) Name and telephone number of person to be contacted on matters involvin
2204thAve. S thisap Iicaton( weareacode
Kent, WA 98032 Kat�ienn Johnson, 53-856-5073
8.EMPLOYER IDENTIFICATION NUMBER(E!N)- 7.TYPE OF APPLICANT:(enter appropriate letter,in box)
A State H Independent Scholl Dist
8.TYPE OF APPLICATION: B County I State Controlled Institution of Higher Learning
❑New 0 Continuation ❑Revision C Municipal J Private University
D Township K Indian Tribe
If Revision,enter appropriate letter(s)in box(es) ❑ E Interstate L Individual
F Intermumcipal M Profit Organization
A Increase Award B Decrease Award C.Increase Duration G Special District N Other(Specify)
D Decrease Duration Other(specify)
9.NAME OF FEDERAL AGENCY:
Department of Housing and Urban Development(HUD)
10.CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11.DESCRIPTIVE TITLE OF APPLICANT'S PROJECT•
1 4 — 2 1 8 CDBG Entitlement Grant
TITLE CDBG Entitlement Grant
12 AREAS AFFECTED BY PROJECT(Ciaes,Counties,States,etc)
City of Kent, King County,Washington State
13 PROPOSED PROJECT 14 CONGRESSIONAL DISTRICTS OF:
Start Date I Ending Date a Applicant b Project
1/1107 12/31/07 Sth Congressional Distl9th Congressional Dist Same
15.ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE
ORDER 12372 PROCESS?
a Federal $ DO
800,000 a YES THIS PREAPPLICATIOWAPPLICATION WAS MADE
b Applicant $ DO AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
PROCESS FOR REVIEW ON
c State $
DATE
d Legal $
00 b No. la PROGRAM IS NOT COVERED BY E 0 12372
e Other $ 00 ❑OR PROGRAM HAS NOT BEEN SELECTED BY STATE
FOR REVIEW
f Program Income $ 00
17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
g TOTAL $ 800,0130 ❑Yes If-Yes,"attach an explanation. ® No
18.TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATIONlPREAPPLWATION ARE TRUE AND CORRECT,THE
DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
a Type Name of Authorized Representative b Title c Telephone Number
Suzette Cooke Mayor (253) 856-5700
d.Signature of Authorized Representative a Date Signed
Previous Edition Usable Standard Form 424(Rev 7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
INSTRUCTIONS FOR THE SF-424
Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0043),Washington, DC 20503
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
This is a standard form used by applicants as a required facesheet for preapplications and applications submitted for Federal assistance It
will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in
response to Executive Order 12372 and have selected the program to be included in their process,have been given an opportunity to review
the applicant's submission
Item Entry: Item: Entry
1 Self-explanatory. 12 List only the largest political entities affected(e g,State,
counties,cities)
2. Date application submitted to Federal agency(or State if
applicable)and applicant's control number(if applicable). 13. Self-explanatory.
3. State use only(if applicable). 14. List the applicant's Congressional District and any
District(s)affected by the program or project
4. If this application is to continue or revise an existing award,
enter present Federal identifier number If for a new project, 15. Amount requested or to be contributed during the first
leave blank. funding/budget period by each contributor Value of in-
kind contributions should be included on appropriate
5. Legal name of applicant,name of primary organizational unit Imes as applicable. If the action will result in a dollar
which wilt undertake the assistance activity,complete address of change to an existing award,indicate only the amount
the applicant,and name and telephone number of the person to of the change For decreases,enclose the amounts in
contact on matters related to this application, parentheses If both basic and supplemental amounts
are included, show breakdown on an attached sheet
6. Enter Employer Identification Number(EIN)as assigned by the For multiple program funding,use totals and show
Internal Revenue Service breakdown using same categories as item 15
I 7. Enter the appropriate letter in the space provided. 16 Applicants should contact the State Single Point of
Contact(SPOC)for Federal Executive Order 12372 to
8. Check appropriate box and enter appropriate letter(s)in the determine whether the application is subject to the
space(s)provided: State intergovernmental review process
—"New"means a new assistance award. 17. This question applies to the applicant organization,not
the person who signs as the authorized representative.
—"Continuation"means an extension for an additional Categories of debt include delinquent audit
funding/budget period for a project with a projected disallowances,loans and taxes.
completion date.
18. To be signed by the authorized representative of the
—"Revision"means any change in the Federal applicant.A copy of the governing body's
Government's financial obligation or contingent authorization for you to sign this application as official
liability from an existing obligation representative must be on file in the applicant's office
(Certain Federal agencies may require that this
9. Name of Federal agency from which assistance is being authorization be submitted as part of the application)
requested with this application
10. Use the Catalog of Federal Domestic Assistance number and
title of the program under which assistance is requested.
11. Enter a brief descriptive title of the project If more than one
program is involved,you should append an explanation on a
separate sheet If appropriate(e g,construction or real
property projects),attach a map showing project location.For
preapplications,use a separate sheet to provide a summary SF-424(Rev 7-97)Back
description of this project.
Kent City Council Meeting
Date November 7, 2006
Category Consent Calendar
1. SUBJECT: 2006 THIRD QUARTER FEE-IN-LIEU FUNDS —ACCEPT AND
AMEND BUDGET
2. SUMMARY STATEMENT: Accept S32,475 for fee-in-lieu funds from
MacFarlane Homes, LLC, and Crescent Construction, and authorize the expenditure of
funds in the East Hill Skate Park and Garrison Creek park budgets.
Between July and September 2006, the City received a total of$32,475 from two
developers who voluntarily paid fees in lieu of dedicating park land to mitigate the
development of single family homes in two subdivisions. MacFarlane Homes LLC
paid $18,900 for Falkner Short Plan development and Crescent Construction paid
$13,575 or Scarsella Short Plat.
Ordinance 2975 requires developers to dedicate park and open space land in proximity
to new construction sites or to pay "fee-in-lieu" funds The fee is based on assessed
land values and the funds are used at parks closest to the development.
3. EXHIBITS: Revenue report
4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc )
5. FISCAL IMPACT
Expenditure'? X Revenue? X
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund P20506 Amount $32,475 00
Unbudgeted Revenue: Fund P20013 Amount $32,475.00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6E
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G.Dates 7I1;2006 - 913012D06 Page I
Acount Number_ Suoledgm DL Date ot_De Batch Amount_ POI _Ret2 _ Descd n ptlo __ 'C vendor cr Customer _ PC LT RrW ROC
P2001056700 — --- _ Tl7✓e0G6 JY. 00 47u1 75041 (189001 OB•70576 95042 MaGarlane Names Llo - J '7C/' S/I; +' fhfP AA
P2001356710 BI1472006 JK 42340 7%63 _ t1357500) 06-72335 MI SCtasoem Consvuttlon 1
A=wt TGIII 132,475 001
Repan Total 32673.0W
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Kent City Council Meeting
Date November 7. 2006
Category Consent Calendar
1 SUBJECT: ROBINSON & NOBLE WATER CONTRACT— AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Source Water
Availability & Hydrologic Analysis agreement between the City of Kent and Robinson-
Noble Saltbush, Inc in the amount of$207,193 for the City's groundwater hydrologic
source analysis project.
1
1 3. EXHIBITS: Public Works memorandum, Consultant services agreement and
Consultant scope of work
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
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DISCUSSION:
ACTION:
Council Agenda
Item No 6F
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
•
j KEN T Phone: 253-856-5500
WA5HINGTON Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: October 2, 2006
1 To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: Monday, October 16, 2006
From: Brad Lake, Water Superintendent
I Through: Larry Blanchard, Public Works Director
Subject: Water Soui ce Hydrologic Analysis
ITEM 2
Motion: ■ Required ❑ Not Required ❑ For Information Only
Recommend Council authorize Mayor to sign Source Water Availability & Hydrologic
Analysis agreement between the City of Kent and Robinson-Noble & Saltbush, Inc. for
an amount not to exceed Two Hundred Seven Thousand, One Hundred Ninety Three
Dollars ($207,193.00).
' Will document be required?
❑ Ordinance Cl Resolution ❑ Agreement ■ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
WAC 246-290-100 Water System Plan, WAC 246-290-135 Source Water Protection
Background/History:
As part of WAC 216-290-100, and 246-290-135, Group A community water systems are
required to complete a water source analysis and reliability study as part of the water
system comprehersive plan (next City of Kent Water System Plan due in 2008). This
partnership with Robinson-Noble & Saltbush will complete a study of Kent's Aquifers that
began back in 1993 with our Clark Springs, Kent Springs and Armstrong Springs sources.
This portion of the study will cover the East Upland and Deep Aquifer portions of our source
water supply, and will lead into the second phase of our wellhead protection program.
Recommendations:
Recommend Council authorize the Mayor to sign the Source Water Availability and
Hydrologic Analysi-: Agreement between the City of Kent and Robinson-Noble & Saltbush,
Inc.
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P WuWtcUdmu+ApIOWCom yttwL4avnPngcdo
•
i �OlcENT
W.5...GTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
1 Robinson-Noble Saltbush, Inc.
' THIS AGREEMEMT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), znd Robinson-Noble Saltbush, Inc. organized under the laws of the State of
Washington, located and doing business at 3011 S. Huson St., Suite A, Tacoma, WA 98409, Phone: (253)475-
7711/Fax: (253) 472-5846, Contact: Joseph Becker(hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications.
1 The Consultant shall be providing services for the City's ground water hydrologic source analysis
project For a detailed description, see the Scope of Work which is attached as Exhibit A and
incorporated by this reference.
Consultant further i epresents that the services fumished under this Agreement will be perforned in
1 accordance with generally accepted professional practices in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above imimediatrly upon the effective date of this Agreement. Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I within 10 months.
III. COMPENS XTION.
A. The City shrill pay the Consultant, based on time and materials, an amount not to exceed Two
Hundred S even Thousand, One H undred Ninety Three Dollars ($207,193.00) for the s ervices
described in this Agreement. This is the maximum amount to be paid under this Agreement for
the work described in Section I above, and shall not be exceeded without the prior written
authorizatioit of the City in the fornm of a negotiated and executed supplemental agreement. The
Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein
shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of
this Agreem,nit. The Consultant's bitting rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of am invoice, it shall notify the Consultant and reserves the option to only pay that
1 portion of the i nvoice not in dispute. i n that event, the parties will i mmediately m ake every
effort to sett e the disputed portion.
CONSULTANT SERVICES AGREEMENT- I
(Over$10,000)
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and
direct the perfomnanee and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After terminal ion, the City may take possession of all records and data within the Consultant's
possession pertammg to this project, which may be used by the City without restriction If the City's use of
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subconsact, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontracto- shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of t,ny sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates Consultant shall execute the ■
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agentE and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs aiicl attorney fees, arising out of or in connection with the Consultant's performance of
this Agreement, except for 1 hat portion of the injuries and damages caused by the City's negligence.
The City's mspectio i or acceptance of any of Consultant's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liabilil y for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultanni's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNLFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATJI-D THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, j
insurance of the types and i n the amounts described in Exhibit B attached and incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any infonuation supplied by it to Consultant for the put-pose of completion of the work
under this Agreement.
CONSULTANT SERVICES AGREEMENT-2
(Over$10,000)
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, -)r any other records developed or created under this Agreement, or provided by the
City to the Consultant, shill belong to and become the property of the City Information and documents
provided by the City to Consultant contain highly sensitive and confidential information concerning the City's
infrastructure. A ccordingl,r, any knowledge or r nformation t lie C onsultant gains of the City's infrastructure
through its work conducted under this Agreement shall remain confidential and shall not be used by Consultant
in any way for work unrelated to the work contracted for herein A 11 records submitted by the C ity to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files
available to the City upon he City's request The city's use or reuse of any of the documents, data and files
created by Consultant for tins project by anyone other than Consultant on any other project shall be without
1 liability or legal exposure o Consultant. Once the contract work has concluded, Consultant shall return all
documents and data provided to, received by, or prepared by the Consultant, of any kind or nature, whether
originals or copies, in comp tenon of the contract work
XI. CITY'S R I4�511T O F I NSPECTION. E ven though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work in ust meet the approval o f the C ity and shall b e subject to the C rty's general right of
inspection to secure satisfactory completion
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be -esponsible for the safety of its employees, agents, and subcontractors in the
perfornance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
j done at Consultant's own irk, and Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or lick_for use in connection with the work
' XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable P4aterrals. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any de,;tgnated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances sh;xll not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shL Il be and remain in full force and effect.
C Resolution 4 Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising 'rom the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filmg suit exclusively under the venue, rules and jurisdiction
of the King County Supet for Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process In any claim or lawsuit for damages ansmg from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided,
however, nothing in this pa•agraph shall be construed to limit the City's right to indemnification under Section
VII of this Agreement.
CONSULTANT SERVICES AG ZEEMENT-3
(Over$10 000)
I
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice t
hereunder shall become effective three (3)business days after the date of mailing by registered or certified mail,
and shall be deemed suffic ently given if sent to the addressee at the address stated in this Agreement or such
other address as maybe hereafter specified in writing.
E. Assignlnent. Any assigmnent of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to anv ,assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent. ,
F. Modificatior.. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agjecment. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements s iall not be effective or be construed as entering Into or forming a part of or altering
in any manner this Agree nent. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail
H Compliance with Laws The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out oC the performance
of those operations.
IN WITNESS, the aarties below execute this Agreement,which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(stgnndn e, (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(Title) (Title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Joseph Becker Larry R Blanchard
Robinson-Noble Saltbush, Inc. City of Kent
3011 S. Huson Street, Suite A 220 Fourth Avenue South
Tacoma, WA 98409 Kent, WA 98032
(253) 475-7711 (telephone) (253) 856-5500(telephone)
(253) 472-5846 (facsimile) (253) 856-6500 (facsimile)
CONSULTANT SERVICES AG REEMENT-4
(Over$10,000)
APPROVED AS TO FORM:
Kent Law Department
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CONSULTANT SERVICES AG tEEMENT-5
(Over$10,000)
DECLARATION
CITY OI'KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is comma ted to conform to Federal and State laws regarding equal opportunity. As such all
contractors, subcontractors ind suppliers who perform work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions sr ecifically identify the requirements the City deems necessary for any contractor, ,
subcontractor or supplier or this specific Agreement to adhere to An affirmative response is required on all of
the following questions for .his Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2. T
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national onnn, age, Dr the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating conumtment as an equal opportunity employer.
4. During the time of the Agreement 1, the prime contractor, will actively consider hiring and promotion of
women and minoriti,.s
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree tc fulfill the five requirements referenced above.
Dated tlus day of 1200 ._
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS- t
I CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER. 1.2 EFFECTIVE DATE- January 1, 1998
SUBJECT: MINORTrY AND WOMEN SUPERSEDES: April 1, 1996
1 CONTRJ CTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to $10,000 or more within any
given year, must take the to lowing affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
2. Actively consider fo-promotion and advancement available minorities and women
Any contractor, subcontractar, consultant or supplier who willfully disregards the City's nondrscrimrnation and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Offi<ers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the ollowmg duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUME VM-2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of Company, hereby
acknowledge and declare t iat the before-mentioned company was the prime contractor for the Agreement I
known as that was entered into on the (date) ,
between the finn I represent and the City of Kent.
I declare that I complied fittly with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 ar.d the Declaration City of Kent Equal Employment Opporlunity Policy that was part
of the before-mentioned Agi cement.
Dated this day of 1200 ._
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMF14TS-3
1
1
City of Kent Water
Water Source and Hydrologic Analysis Project
Scope of Work
September 2006
1 Robinson, Noble & Szltbush and PACE Engineers have prepared a draft of our proposed scope of work
and cost estimate for he Water Source and Hydrologic Analysis Project. This scope of work is based
upon our understanding of the project as described in our presentation to City staff last May. This scope
represents the work we believe will be necessary to reach the project goal of determining the 981/o reliable
firm yield for Kent's Nrater sources. The firin yields will be quantified using the concept of reliability as
defined in our presenti tion to City staff That concept represents a statistical relationship correlating firm
yield to reliability suet that as the reliability goes up,the firm yield necessarily goes down The end result
will provide the City with the line yield for each of the City's wells and each of the well sites, such that
the City knows how much water is available to be developed through existing wells and potential future
wells at each of its exe.ting well sites
I have divided our proposed scope into four major tasks. pre-modeling, modeling, reporting, and project
administration Two s--parate modeling tasks are presented, representing the two modeling options we
discussed in our presentation. Near the end of the first task, a decision will be made to determine which
modeling task will be required During the presentation, we also talked about possibly needing to gather
additional data to do tie nodeling This additional data gathering is not scoped here. If any such data is
needed, we will also discuss this near the end of Task I The tasks and their assorted subtasks are
described below.
We understand that he City may hire another consultant to provide peer review for this project.
Accordingly, this scope builds peer review into the project at three points near the end of the first three
tasks. We believe these points are appropriate for peer review because if revisions are needed as a result
of the review, they can more efficiently be made at these points rather than wailing for a single review at
the conclusion of the I roject
1 TASK 1: PRE-MODELING ACTIVITIES
This task involves all activities required prior to starting the modeling, including addressing two of the
1 three factors relating o well and aquifer reliability- changes in well efficiency and seasonal variability.
The task also will def ne the hydrogeologic system and present an updated conceptual model of the east
Kent upland. The tas c includes providing a technical memorandum as a deliverable In total, the task
includes seven subtasl s and ends with a meeting to determine which modeling method to use for Task 2
SUBTASK 1.1: PREVIOUS WORKS
An essential part of i project of this nature is reviewing previous works and studies that have been
performed in the stud,,area.For this subtask, we will collect readily available previous reports and create
an annotated bibliography that can be used as a resource for the rest of the project. We wilt collect reports
Robinson,Noble&Sal[bush Page I
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from our files for prey ous City of Kent projects as well as other purveyors' projects in the study area.We
will also obtain pertinent reports from government agencies including the Department of Ecology
(Ecology), the USGS, and King County For this subtask, we will request that the City supply copies of
any reports they may have (such as those by other consultants) that may relate to the City's wells or the
area hydrology and geology
Subtask 1.2: Well Dotabase
In order to define the hydrogeology of the study area, we will need to examine a large number of well '
logs. To keep the we] log data manageable and useable for the project (particularly the modeling), we
will create (or adapt) a well database for pertinent wells in the area Fist we will need to collect all
readily available well data for the area. We will collect data from the City, our files, Ecology, the USGS,
the Pacific Northwest Center for Geologic Mapping Studies (see below), and other sources. These wells
will be reviewed and s)rted as to quality of data and usefulness to the project Deep wells, wells with high
quality data, wells locsited in areas without much other information, and other select wells will be chosen
for inclusion in the database_ Concurrently, the well database structure will be developed in conjunction
with PACE We may create a totally new database, or adapt an existing well database (such as the one
developed for the Soul h King County Groundwater Management Plan or the south King County database
developed by the USC S) for use on this project. The database will be structured such that it can be used
for GiS purposes The database will include many fields relating to the wells including location, depth
drilled, depth completed, type of completion, test information, elevation, static water level, aquifer
storage coefficient anct transmissivity, and hydrostratigraphie (aquifer) unit. At present, we envision the
database may include Between 500 and 1,000 wells.
As part of this subtasl, we will interview Kathy Goetz Troost, Director of the Pacific Northwest Center
for Geologic Mapping Studies (GeoMapNW) at the University of Washington (UW). Originally formed
in 1998 as the SeattIcArea Geologic Mapping Project to provide uptodate geologic data to support
geologic hazard mrtig<tion efforts, GeoMapNW is a collaborative effort with the U S Geological Survey,
the University of Washington, and the City of Seattle Currently, GeoMapNW is working to update and
refine the geologic inzps of the central Puget Lowland, including the Auburn and portions of the Renton
7 5mmute (124,000 scale) quadrangles. GeoMapNW has compiled a wealth of well log and borehole
data from multiple sr urces, including water Well Reports on file with Ecology, data from the King
County Wastewater Treatment Division, geophysicaUgeoteehnical borehole data collected by the
Washington State Department of Transportation, other city and county agencies, consulting firms, and
individuals. This database includes a large number of records (borings and wells) for the east Kent
upland. Along with e:,tensive field studies, this database forms the basis for the revised geologic maps
being prepared by GeoMapNW Based on the knowledge and understanding to date, the new mapping
will reflect a more complex geology than previously recognized(Troost, personal communication) This
greater understanding will translate into an increased level of detail in our description of the geology and
hydrostrangraphy, thu; improving our conceptual modeling
Subtask 1.3: Conceptual Model Update
For the proposal presentation to the City, we prepared a preliminary conceptual model based upon our
present knowledge of the study area's hydrogeology We will update this conceptual model for this
subtask. A major port on of this work will involve generating cross sections through the study area. This ,
cross-sectional analysis will involve all the C ity's wells, as well as numerous other wells in the area.
Using the cross sect ons, we will update the hydrostratngraphic units presented in the preliminary
conceptual model. The identification of hydrostratigraphic units and their division into groups that are
more permeable (aquifers) and less permeable (aquitards) will exert a strong influence on the results of
Robinson,Noble&Sa!lbash Page 2
the modeling effort. This is because (1) the computer model will be developed with layers that
correspond generally to- the assigned hydrostratigraphic units, (2) aquifer parameters will be assumed such
that they represent larg,:scale averaged values at the iepresentative scale of the unit thickness and the grid
size of the compute model, and (3) water level or production data from monitoring and production wells
will be assigned typica ly to one of these layers At this point, the vast complexity and spatial variability
I of the natural bydrog�ologic system will have been substantially simplified in order to develop a
conceptual model that c an form the basis of a tractable computer model
As part of this subtask, we will describe each of the hydrostratigraphic units, identify and describe model
and aquifer boundaries, deteiniine recharge sources and discharge points, and describe the general
groundwater flow system A new conceptual model will be prepared and presented in tine technical
memorandum (Subtas c 1.6). This conceptual model will form the basis for the computer model
constructed in Task 2.
' Subtask 1.4: Well Eli 7ciencyAnalysis
An integral part of det rimming the reliability of the City's water sources is related to the efficiencies of
the wells and how these efficiencies may be changing with time To examine this factor, we will need to
create hydrographs of i ach of the wells As part of this subtask, the City will need to provide us their well
records for water levels, both static and pumping, and production We will also need to collect any
previous well testing records the City may have along with precipitation records for nearby NOAA
weather stations (at a mmunum, SeaTac, Kent, and Landsburg), since the hydrographs will also be
affected by changes in recharge that can be linked to changes in precipitation Using this information, we
will create hydrograph, for the City wells The hydrographs will include static and pumping water levels,
production values (pi abably monthly totals), and a statistical treatment for precipitation (probably
departure from average monthly precipitation)
Head losses occurring is water flows into the well are often the only component considered in an analysts
of well efficiency It high-capacity municipal wells, these losses are often related to turbulent flow
through the aquifer foi oration near the well, through the well screen, and up the well coluinn Turbulent
head losses can be isolated if the results of a carefully executed and analyzed step-drawdown test are
available_ Unfortunatt ly, lanunar head losses can also occur- and in some cases be significant. These are
often lumped in with tie aquifei losses, which is not strictly correct, and can lead to erroneous estimates
of transmtssivity at pt mpmg wells. Analysis of recovery data can help the understanding of entrance
losses for a particular ,vell These losses along with other variables, such as antecedent pumping history
and differences in thi., static water level, can play a significant part in determining the discharge—
drawdown relationshii for the well.
We will also examine the hydrographs to look for ongoing, progressive cbanges in well efficiency that
may be due to well or aquifer deterioration, and to changes in static water level We will also analyze the
available pump test data to estimate well losses, including where possible to identify laminar and
turbulent entrance loses occurring in the screen or gravel pack, and to identify additional aquifer losses
associated with partial penetration of the aquifer We would use these estimates as a baseline to hook for
changes in well efficiency occurring over the duration of the hydrographs Based on these analyses, a
portion of the first echnnical memorandum quantifying well losses for each production well and
addressing changes in well efficiency will be prepared.
Robinson,Noble&Satlbnsb Page 3
Subtask 1.5.Seasonal Variation Analysis '
Another integral part of determining the reliability of the City's water sources is related to variations in
aquifer water levels due to seasonal climate variations To analyze seasonal trends and quantify the
linkage between precipitation and aquifer recharge, we will examine the hydrographs prepared for
Subtask 14 We will also collect additional well data and make hydrographs for other wells These may
include the City's Blur; Boy Tank well, other wells monitored by the City, and other purveyors' wells
These hydrographs are not only important for this Subtask, but will also be used for Task 2 Based upon
the hydrographic analyses, the portion of the first technical memorandum dealing with seasonal variations
will be prepared.
Subtask 1.6: Technival Memorandum
At the end of Task 1, we will prepare a technical memorandum describing the results of the task and
providing a discussion and recommendation on how to proceed with the modeling phase of the project
(Task 2) The technical memorandum will fully describe the hydrogeology of the east Kent upland It will
provide a discussion of the previous works in the area, describe the well database, and present the
conceptual model of the upland's groundwater flow system Additionally, we will provide a full
discussion and reconin iendations for modeling to be accomplished under Task 2, including an analysis of
data gaps that may ne,.d to be filled to proceed with the project Previously written sections describing
well efficiency c hang(s and s casonal variations in a quifer w ater levels (Sublasks 1 4 and 1 5)w ill b e
included. One of the difficulties encountered in modeling complete groundwater Systems is the manner in
which production wel s are represented within the model, and specifically how the virtual water level
created in the model ai a well location relates to the dynamic water level in the well itself, as affected by
pumping and recover} periods, well losses and other factors. This problem will be addressed in the
technical memoranduri and further analyzed in Task 3a. The technical memorandum will help prepare
City staff for the meeting to determine the course of Task 2. It is our understanding that the City may hire
another consultant to provide peer review for the project. An initial peer review of this technical
memorandum will occur at this stage by the City's other consultant that will provide comments
concerning the anal}sis performed to date Based upon the comments received, the technical
memorandum will be modified and revised'additional analyses performed as needed (after consultation
with the City). Final copies of the technical memorandum will then be delivered to the City
Subtask 1.7.Pre-mc deling Meeting
At the end of Task 1, we propose having a meeting with City staff and the peer review consultant to guide
Task 2,the modeling portion of the project Currently,we envision starting the meeting by providing staff
with a brief overview of the results of Task 1 and answering any questions generated by the task and
technical memorandum We will present the modeling options available for the project, data gaps that
may need to be f flled to do the modeling, and our r ecominendations on how to proceed, including a
detailed schedule, ti nelme and labor effort breakdown and series of internal checkpoints for
implementing our proposed approach. We also suggest the meeting be used to address various modeling
scenarios the City wi;lies to have investigated as part oft lie project. Following the meeting, we will
prepare a scope of woi k for additional data collection if necessary.
After meeting with the City, we will prepare a letter clarifying the scenarios decided upon at the meeting.
For the purposes of this scope, we are assuming four scenarios will be selected In this letter, we will
define the scenarios and develop the rationale for defining the reliability level to be assigned to each
scenario as a quantitatve probabilistic assessment of the associated risk level.
Robinson,Noble&Sal[bush Page 4
Task 1 Deliverables
' Several deliverables v ill be made during Task 1. If desired by the City, the annotated bibliography
developed in Subtask I I can be given to the City as a single hard and a single digital copy. The well
database, compatible yr ith the City's GIS system, will be delivered to the City Hydrographs developed as
part of this task will be incorporated into the GIS database(as pictorial representations of the water levels
rather than near-real ti rie features) The main deliverable from the task will be a technical memorandum
describing the well el ticiency of the wells that are the subject of this study, exploring the seasonal
' variability of the aqutfi;rs used by these wells, and presenting a conceptual model of the east Kent upland
Two (2) hard copies a id a digital copy of the draft technical memorandum will be delivered. Following
possible r evisions, two (2)h and c optes and a d igital c opy o f t he final technical in emorandunm w ill b e
delivered. A letter desi,ribs ng the modeling scenarios will also be delivered to the City
Task 1 Cost Estimate
' The total estimated cot for Task 1 is 170,599 based upon an estimated 625 hours of work by Robinson,
Noble& Saltbush and 98 hours by PACE.These costs are based upon our present fee schedule(attached),
assumptions as desenl ed in this proposed scope of work, and assumptions about the geologic conditions
within the study area. Should conditions vary from those assumed, this estimate may require correction.
In this case, we will provide justification for any changes in scope, and the associated costs, and obtain
the City's approval to proceed prior to billing the City for such services. A breakdown of the projected
hours and costs by sub ask and discipline is given at the end of this document
/ Task 2a: AEM-Local 14ODFLOW Modeling
At the end of Task 1, z, decision will need to be made as to which modeling method will be used for Task
2 to address long-term uncertainties in aquifer conditions that must be addressed to reach the project goal.
If a combination of anmlytic element modeling (AEM) combined with local MODFLOW models is used,
this task (Task 2a) will be accomplished It involves nine subtasks If a decision is made to do complete
MODFLOW modelml, Task 2b will be accomplished Most of work of this task will be accomplished by
Robinson,Noble &Sa ltbush; PACE will provide review and oversight for the final model.
This task involves activities required to design, construct, and operate a series of models representing the
east Kent upland A separate set of models will be made for each aquifer system Each model set will
include a regional analytic element model and a local MODFLOW model around the City's wells in the
modeled aquifer Undnr our current understanding of the groundwater system and Kent's wells, this task
will result in three sel arat aquifer models one with the East Hill Well, one with the Soos Creek Well,
and one for the 208th, 212tL ,Gamson Creek, and O'Brien Wells
Subtask 2a.1: AEM-Local MODFLOW Model Design
The first step in prepa mg the computer groundwater flow model of the east Kent upland is to convert the
conceptual model into a design for the computer model. In this subtask, decisions will be made regarding
how to represent the various components of the conceptual model in the computer model As part of the
model design, MODFLOW grid spacing and time-step timing will be deternnmed for each of the local
MODFLOW models. Additionally, using data developed in Task 1, calibration and verification targets
will be selected for e;ch of the aquifer models. Within the data sets collected as part of Task 1, we will
look for calibration urgets from well data, stream flow data, and spring discharge data (if such data is
available). Venficatio i targets will likely come from the well records of the Kent production wells.
tSubtask 2a 2: Model Recharge
One of the nmost important parts of a groundwater flow model is the recharge input. For this subtask, the
precipitation data gaihcred in Task 1 will be converted to an isohyetal map over the study area.
tRobursou Noble&Sallbush Page 5
Additionally, recharge rates for other recharge sources (septic systems, bedrock runoff, etc) in the
conceptual model will be estimated An analysis will be completed examining how much recharge could
be expected to enter each of the aquifers, taking into account the thickness, hthological properties, and
leakage characteristics of overlying aquitards. Combining this analysis with the rsohyetal map and other
recharge estimates, ma)s of estimated recharge for each of the three aquifer models can be made As part
of this effort, reasonable ranges of potential recharge will be established so that recharge rates can be
related to average precipitation and aquitard leakage under steady-state conditions, and adjusted if
necessary during model calibration Additionally, consideration will be made for seasonal variations in
recharge and its repre;entation in the model input Since AEM modeling is steady state by nature, an
analysis will be conducted to detennine how to incorporate noted seasonal effects using steady-state
conditions (Initial coisideration of seasonal effects will occur in Subtask 1.5, and if that analysis
indicates that the halllhng of seasonal variations cannot be handled with steady-state models, AEM
modeling will not be re commended)
Subtask 2a.3: AEM Model Construction ,
Following the design and definition of the model recharge,the aquifer models can be built.Three regional
AEM models will be constructed, one foreach aquifer system. Currently, we envision building these
models either with ffe modeling code GFLOW". by Haitlema Software, with the MODAEM model
(developed by Wittma i Hydro Planning Associates) as integrated into GMS (Groundwater Management
System, developed by the Environmental Modeling Research Laboratory at Brigham Young University),
or potentially with another groundwater modeling software (depending on the results of Task 1). Lateral
extent of each agmfe• will be a key factor in the in the models and may be important in the yield
performance of the we(is Aquifer extents will be developed to the extent possible from the well database
and conceptual hydroceologic model Evidence of hydraulic boundaries in either the well bydrographs or
pumping test data will be used to modify aquifer boundaries and hydraulic properties
Subtask 2a.4: Local i4ODFLOW Model Construction
When the AEM models are constructed, the local MODFLOW models representing each of the nearwell
regions will be constricted These models will likely be built using GMS, though we may also look at
other modeling software packages depending on the results of Task l Input for the model boundaries will
be controlled by then respective AEM regional model Due to the limitations of the AEM modeling
process, the MODFLOW models will only be one layer thick but grid size will vary according to the
needs of the region b.mg modeled The MODFLOW models will include Imuted representation of the
wells, and will require, as part of Task 3a, post-processor modifications to correctly represent the effects
of well radius, well osses, changes in well efficiency, and partial penetration on the water level as
calculated in the mode i
Subtask 2a.5 and 2a.6: AEM and Local MODFLOW Model Calibration ,
After the models are constructed, they will be calibrated using the calibration targets developed as part of
subtask 2a L Calibrat,on is the process of varying model parameters until the model reproduces a set of
known data points (i.c. the calibration targets) These will include acceptable ranges for model-calculated
water levels at specified wells, and acceptable ranges of model-generated streamflow, if applicable.
Calibration will be achieved for the AEM nnodels though a trail-and-error process, by systematically
changing various boundary, aquifer, and recharge parameters within hydrologically realistic ranges
Ranges of possible values for use will be determined by the analyses conducted in Task 1 tempered by
our hydrogeologie experience and local knowledge of the hydrologic system. Such ranges will also be
used for the calibration of local MODFLOW models The MODFLOW calibration may be done by either
a trail-and-en-or methodology or using an automated process, such as the model-independent nonlinear
parameter estimator PEST hi either case, the process will be guided by and constrained by our trained
hydrogeologists As part of the calibration process, the models will be tested for sensitivity to various
Robinson Noble&Saltburh Page 6
parameters, such as hydraulic conductivity and recharge This sensitivity analysts will be used to help
guide the calibration. P n additional sensitivity analysis will be conducted on the calibrated models for use
in the yield and reliability analysis.
Subtask 2a.7: Local NiODFLOW Model Verification
Following model calibrations, the local MODFLOW models will be verified by running the models to
reproduce a second se of known data In particular, verification will only be run for the MODFLOW
portions of the aquifer models If significant changes are required to match verification targets, the
calibration performed in Subtask 2a 6 will be adjusted The calibrated and verified models will represent a
baseline set of conditions simulating the average or expected levels of well and aquifer yield for the east
Kent uplands system.
Subtask 2a.8: Peer Roview
The second period of peer review should occur at this stage. Working copies of the models will be
delivered to the City (and/or dnectly to the consultant) for review prior to doing the predictive
simulations. Brief surr manes of the calibration and verification results will be delivered as part of the
modeling package Following their review, if substantial disagreements occur in how the model was
constructed, it may be appropriate for us to get together with the consultant to work out differences. If
model changes are reqi tired as a result of the peer review, they will be made at this time
Subtask 2a.9: Predictive Simulations
Once verified, the models will be ready to be used for predictive simulations. Various scenarios will be
tested as previously &-tided in conversations with the City (in Subtask 1 7). These scenarios will be
selected to represent pi obable conditions or circumstances that should be addressed to determine the 98%
reliable yield Though not yet determined, it is reasonable to assume that one or more scenarios will
address drought conditions or other climatic changes Other possible scenarios involve losses of well
fields due to contamination and changes in aquifer water levels due to production changes by neighboring
purveyors. For the puiposes of this scope and cost estimate, we are estimating four different predictive
scenarios will be teste(_by the models
Task 2a Deliverables
Deliverables for Task 2a include working copies of the models, a brief summary of calibration and
verification results, <nd output summaries for each of the predictive scenarios More complete
' descriptions and results from the modeling, including predictive simulation results, will be delivered with
the final project report in Task 3.
Task 2a Cost Estimate
The total estimated co,t for Task 2a is $53,018 based upon an estimated 560 hours of work by Robinson,
Noble & Saltbush and eight hours of work by PACE These costs are based upon our present fee schedule
(attached), assumptions as described in this proposed scope of work, and assumptions about the geologic
conditions within the >tudy area. Should conditions vary from those assumed, this estimate may require
correction. In this cask, we will provide justification for any changes in scope, and the associated costs,
and obtain the City's approval to proceed prior to billing the City for such services.
' Task 2b: Full Three-c imensional Numerical (MODFLOW) Modeling
If at the end of Task 1, the decision is made to address long-term uncertainties in aquifer conditions using
a full three-dimension d numerical model, Task 2h will be performed instead of Task 2a Should this task
be chosen, the modeli,ig will be done using MODFLOW This task involves activities required to design,
construct, and opera e a single, three-dimensional MODFLOW model representing the complete
groundwater flow sys em of the east Kent upland, it involves seven subtasks Most of work of this task
Robinson,Noble&Sahbnsh Page 7
will be accomplished by Robinson, Noble & Saltbush; PACE will provide review and oversight for the r
final model
Subtask 2b.1: Model Design t
The first step in piepai ng the computer groundwater flow model of the east Kent upland is to convert the
conceptual model into i design for the computer model In this subtask, decisions will be made regarding
how to represent the vinous components of the conceptual model in the computer model As part of the
model design, the exU,nt of the model doriaui, boundary conditions, recharge mechanics, MODFLOW
grid spacing, the numl,er of model layers, stress period timing, and time-step timing will be determined
for the model. Stress periods used will depend on seasonal changes in precipitation and well production.
Additionally, calibration and verification targets will be selected for the model using data developed in
Task 1 Within the da a sets collected as part of Task 1, we will look for calibration targets from well ,
data, stream flow data, and spring discharge data(if such data is available) Verification targets will likely
come from the well records of the Kent production NN ells,adjusted to account for the effects of well losses
and changes in well efficiency.
Subtask 2b.2: Model Recharge
As described above, o ie of the most important parts of a groundwater flow model is the recharge input.
This subtask is smida, to Subtask 2a 2 except that instead of determining recharge for separate aquifer
models, here only the recharge at the surface needs to be deterinined, with the leakage chacrateristics of
aquitards controlling how much of the infiltration actually reaches the various deeper aquifers.
Precipitation data gathered in Task 1 will be converted to an isohyetal map over the study area.
Additionally, recharge rates for other recharge sources (septic systems, bedrock runoff, etc) in the
conceptual model will be esti hated Combining this analysis with the isohyetal map and other recharge
estimates, a map of es imated recharge can be made As pact of this effort, reasonable ranges of potential
recharge will be estab fished so that recharge rates can be adjusted if necessary dunng model calibration.
Additionally, consideration will be made for seasonal variations in recharge Separate recharge inputs will
be developed for each stress period(defined in Subtask 2b 1) to be used in the model
Subtask 2b.3: Model Construction
Actual computer model construction will occur in this subtask The model will likely be built using GMS,
though we may also look at other modeling software packages depending on the results of Task I Model
grid spacing and the i umber of layers will depend on the results of Subtask 2b 1. Currently we envision
between eight and ter model layers, each iepresenting different hydrostrattgraphic units as described in
the conceptual model The extent of the model domain and the nature of boundary conditions will be
developed and applie i t o b e consistent with the c onceptual model, with 1 ustification provided for the
model construction.T he vertical structure of the model,and the relationship between aqultard 1 ayers,
rates of vertical leakage, and the resulting apportionment of surface recharge to the various aquifers
within the hydrostratil;raphic column will be justified to the extent possible based on available data.
Subtask 2b.4: Model Calibration
After t he m odel i s c i instructed, rt w ill be calibrated using the calibration targets developed as part of
Subtask 2b.1 As part of the calibration process, acceptable,realistic ranges will be developed for various
boundary, aquifer, and recharge parameters These ranges of possible values will be determined by the
analyses c onducted t i i T ask 1 tempered by our hydrogeologic experience and 1 ocal knowledge of the
hydrologic system T ie MODFLOW calibration may be done by either a trail-and-error methodology or
using an automated irocess, such as the model-independent nonlinear parameter estimator PEST. In
either case, the proces s will be guided by and constrained by our trained hydrogeologists.
Robinson Noble&Saltbnnsh Page 8
As part of the calibration process, the models will be tested for sensitivity to various parameters, such as
hydraulic conductivity and recharge. This sensitivity analysis will be used to help guide the calibration.
An additional s ensitiv ty analysis will be conducted on the calibrated u1 odels for use in the y leld a nd
reliability analysis. Th s will include the systematic variation of key model parameters within ranges that
reflect the degree of confidence or uncertainty in these parameters The sensitivity analysis will establish
the effect of parameter uncertainty on the results of the modeling, and will be factored into our
determination of reliability percentages for each of the predictive scenanos.
L Subtask 2b.5: Model ✓erification
Following model calibration, the MODFLOW model will be verified by running the models to reproduce
a second set of known data. If significant changes are required to match verification targets, the
calibration performed n Subtask 2b 5 will be adjusted The calibrated and verified model will represent a
baseline set of conditions simulating average or expected well and aquifer yield at a specified time or over
a selected baseline tim.-period.
Subtask 2b.6: Peer R:view
The second period of review should occur at this stage. A workmg copy of the model will be delivered to
the City (and/or directly to the consultant) for review prior to doing the predictive simulations Brief
summaries of the calibration and verification results will be delivered as part of the modeling package.
Following then- revievr, if substantial disagreements occur in how the model was constructed, it may be
appropriate for us to get together with the consultant to work out differences. If model changes are
required as a result of he peer review,they will be made at this time.
Subtask 2b.7: Predic.ive Simulations
As described above,tf e models will be run for predictive simulations_This subtask is essentially the same
as Subtask 2a.8, though the amount time necessary to complete the subtask will be different due to the
different model types For the purposes of this scope and cost estimate, we are estimating four different
predictive scenarios will be tested by the models
Task 2b Deliverables
Deliverables for Tasl< 2b include a working copy of the model, a brief summary of calibration and
verification results, ,ind output summaries for each of the predictive scenarios More complete
descriptions and resuls from the modeling, including predictive simulation results,will be delivered with
the final project report in Task 3
Task 2b Cost Estimate
The total estimated cost for Task 2b is$75,781 based upon an estimated 796 hours of work by Robinson,
Noble & Saltbush and eight hours by PACE These costs are based upon our present fee schedule
(attached), assumptions as described in this proposed scope of work, and assumptions about the geologic
conditions within the study area. Should conditions vary from those assumed, this estimate may require
correction
Task 3: Analysis anc Reporting
This task involves determining the firm quantified yield of Kent's water sources with 98% reliability,
providing draft and fi mal reports to the City, and presenting the project results to City staff and officials.
The task is divided min four subtasks.
ISubtask 3a: 98% Reliable Firm Yield
This task represents the main goal of the project, determining a firm quantified yield for the City's water
' sources (exclusive of the spring sources) with 98% reliability For this subtask, the results of Subtasks
Robinson,Noble&Salibush Page 9
1.4, 1.5, and 2a.9 or 2 i 7 will be conjunctively analyzed by Robinson. Noble & Saltbush and PACE to '
give firm quantified yi--lds for each of the City's wells, each of the well sites, and each of the aquifers
The Subtask will, in essence, combine the results of the well efficiency analysis, the seasonal variation ,
analysis, and predicted potential long-term aquifer changes from the modeled scenarios to determine
reliable yields. This an ilysis will use the concept of reliability as defined in our presentation to City staff.
That concept represents a statistical relationship correlating firm yield to reliability such that as the
reliability goes up, the Finn yield necessarily goes down. Using this concept,we shall not only analyze for
the 98% reliability, but for a lesser percentages that represent more "normal" yields. The fully calibrated
and verified baseline i nodel(s) will represent the "normal" or expected yield. Each of the four assumed
model scenarios is exp�,cted to provide lower yield values that correspond to higher levels of reliability. In
addition, the sensitivitlr analysis will allow us to factor in the issue of parameter uncertainty as it affects
the reliability analysis The results will be usable for planning purposes. '
Subtask 3b: Draft Report
A comprehensive draf, report will be prepared by Robinson, Noble & Saltbush and PACE which covers '
the complete project.The results of Task 1 will be summarized in the report, but will not be fully detailed;
instead the earlier developed technical memorandum (Subtask 1 6) will be included by reference Full
details concerning the methods and procedures used, the analyses conducted, and the results obtained for
Task 2 will be prove ed Additionally, the firm yield analysis will be fully described and presented,
together with an assessment of model uncertainty, and how this governs the degree of confidence that can
be placed on the results of the study Two copies of the report plus a digital copy will be made available
to the City staff for comments and suggestions An additional copy will be available for the peer review.
Subtask 3c: Final Report
Upon receipt of conmi ents from City staff and the peer-review consultant, we will edit the draft report as
required and generate a final report Four copies of the final report in both paper and digital formats will
be delivered to the Of/.
Subtask 3d: Presentation to City
If requested by the City, we can provide a presentation of the project procedures, findings, results, and
recommendations to City staff and administrators. For the purpose of this scope and cost estimate, we
presume a presentation will be given
Task 3 Deliverables ,
Task 3 deliverables include three (3) hard copies and a digital copy of the draft report and four (4) hard
copies and a digital copies of the final report.
Task 3 Cost Estima'e '
The total estimated c-)st for Task 3 is $34,988 based upon 252 hours of work by Robinson, Noble &
Saltbush and 72 hours by PACE These costs are based upon our present fee schedule (attached) and
assumptions as described in this proposed scope of work Should conditions vary from those assumed,
this estimate may reginre correction as the work proceeds We will provide justification for any changes
in scope, and the asscciated costs, and obtain the City's approval to proceed in advance of any billing to
the City for such addi tonal services
Robinson Noble&Sa tbask Page 10
Task 4: Project Management and Administration
This task provides for initial and ongoing project management and budget control. Tasks will include
establishing project goals and objectives, conducting i nternaI project meetings, c oordrnating w ith C ity
staff and the City's col isultant for peer review; reviewing work-m-progress: accounting and administering
i monthly invoicing to the City, and communicating with City staff on a regular basis concerning project
progress,issues of con,,ern,project requirements, budget remaining and overall schedule
Task 4 Deliverables
The deliverables for Task 4 will be monthly invoices and regular communication with the City
concerning the project status or to address questions.
Task 4 Cost Estimate
' The total estimated coy t for Task 4 is$20,440 if Task 2a is completed,based upon an estimated 130 hours
of work by Robinson Noble & Saltbush and 24 hours by PACE. If Task 2b is completed, the total
estimated cost for Tas c 4 is $25,825 based upon an estimated 164 hours of work by Robinson, Noble &
Saltbush and 32 hour! by PACE. These costs are based upon our present fee schedule (attached) and
assumptions as described in this proposed scope of work. Should conditions vary from those assumed,
this estimate may requ re correction.
TOTAL COST ESTIMATE
I Based on our understa coding of the project and the conditions outlined in this scope, we estimate the total
cost of our services, zs described above, to be either $179,045 or $207,193 as summarized below and
detailed on the attache i tables at the end of this document
w ith Task 2a with'Task 2b
Robinson,Noble&Saltbush Consulting Services $150,788 $177,718
PACE Consulting Se-vices $26,340 $27,500
Expenses $600 $600
Subconsultant marku3, fee (5%) $1,317 $1,375
TOTAL $179,045 $207,193
' SCHEDULING ESTIM4TE
Based o n o ur understanding o f the p roject a nd t he c onditions o uthned ni t his scope, we estimate t his
project will take ten m ontlis (43 weeks)to complete from the notice-to-proceed assuming decisions by the
City concerning project direction (i.e modeling rnethod and scenario selection) and peer reviews are
completed in a timely manner The estimated schedule is detailed on the next page.
Robinson Noble&Salrbnsh Page 11
Estimated Protect Schedule
Weeks from Notice-to-
Proceed
Task I bet ins 0 ,
GIS database delivered to City 10
Draft task 1 technical memorandum delivered 11 ,
Pre-modeling ineetmg 12
Scenanos letter delivered 13
Task 1 ends,Task 2 begins 13
Copy of model delivered to City 26 ,
Task 2 summary letter delivered to City 32
Task 2 ends,Task 3 begins 32
Draft report delivered to City 39
Final report delivered to City 42
Presentation to City 43
Project Complete 43
Robinson Noble&saltbush Page 12 ,
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Kent City Council Meeting
Date November 7, 2006
Category Consent Calendar
1. SUBJECT: EXTENSION OF INTERLOCAL AGREEMENT FOR
WATERSHED RESOURCE INVENTORY AREA 8 —AUTHORIZE
' 2. SUMMARY STATEMENT: Authorize the Mayor to sign an Interlocal Agreement
for the Watershed Basins within Water Resource Inventory Area 8.
' 3. EXHIBITS: Public Works memorandum and Interlocal agreement
' 4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Yes Revenue?
' Currently in the Budget? Yes Yes No
If no:
Unbudgeted Expense: Fund Amount $
' Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
1
DISCUSSION:
ACTION:
Council Agenda
Item No. 6G
i PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
•
i KENT Phone: 253-856-5500
WASHINGTON Fax: 253-856-6500
i Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
iDate: October 10, 2006
' To: Chair Debbie Raplee and Public Works Committee Members
PIN Commitlee Meeting Date: Monday, October 16, 2006
From: Michael Mac;utis, Environmental Engineering Manager
i Through: Larry Blanchard, Public Works Director
Subject: Interlocal 1greement for Water Resource Inventory Area 8
i ITEM 3
Motion: ■ Required ❑ Not Required ❑ For Information Only
i Recommend to City Council authorization for the Mayor to sign an Interlocal Agreement
(ILA) for the Water±,hed Basins within Water Resource Inventory Area (WRIA) S.
iWill document be required?
❑ Ordinance A Resolution ■ Agreement ❑ Contract
i ❑ Policy C] SOP's ❑ Other
iGoverning Policies Procedures Rules & Regulations:
i
i Background/History:
In March 1999, the federal government listed Puget Sound Chinook salmon as threatened
under the Endangered Species Act. Concerned about the need to protect and restore
habitat for Chinook salmon for future generations, 27 local governments in WRIA 8,
' including Kent, signed an inter-local agreement in 2001 to jointly fund the development of a
conservation plan to protect and restore salmon habitat. WRIA 8 includes all of the Lake
Washington Water<_hed, as well as near shore areas in Seattle. The WRIA 8 Steering
i Committee develoFed this plan through a multi-stakeholder planning process. The Steering
Committee Is comfosed of city and county elected leaders, concerned citizens, scientists,
and representative > from business and community groups, water and sewer districts and
i state and federal a Iencies. The WRIA 8 Steering Committee Proposed Chinook Salmon
Conservation Plan is the result of this collaborative effort. The plan contains missions, goals
and recommendations for actions to restore and protect salmon habitat, and an approach
for implementing these actions over the next ten years. The City of Kent has participated in
the development of the plan through involvement of a City Councilmember on the Forum as
well as staff and consultants on the Synthesis Committee, Land Use Subcommittee and
Technical Committee.
P IP.MclAd Suj,WFVCon...nm14mn,,Paged,
To continue in this effort, an extension of the ILA for one additional project year was '
executed as a transition year in order to pursue initiation of activities related to
implementation of the WRIA 8 Salmon Conservation Plan. ,
The new ILA has been updated to target implementation of the WRIA 8 Chinook Habitat
Plan. Ratification of the ILA would continue the City's support for using the goals,
processes, actions, funding and management approaches, and projects included in the 2005
Chinook Salmon Conservation Plan. The plan involves continuing intergovernmental
coordination and decision making, clarifying priorities for funding, securing long term
funding sources, m)nitoring progress and negotiating assurances from the federal and state ,
governments.
WRIA 8 includes this Cedar River watershed area, of which Rock Creek is a tributary. The ,
City of Kent's Clark Springs municipal water supply is located in the Rock Creek sub-
watershed and, during certain times of the year, provides a majority of the city's water
supply. The City is currently in the process of preparing a Habitat Conservation Plan for its
Clark Springs Wate - Supply Facility and Operations. The Habitat Conservation Plan is ,
scheduled to be completed in 2007. The City would consider the plan when making
management decisians in the Rock Creek watershed. The City would not implement any
plan requirement or goal if doing so would threaten or harm the City's ability to provide a ,
safe, secure and adequate water supply to its citizens, including future population increases.
A hard copy of the NRIA 8 Chinook Salmon Conservation Plan is available for perusal in the '
Kent Public Works Department
Summary:
The City of Kent entered an Interlocal Agreement (ILA) for participation in WP.IA 8 in 2001.
The agreement rernained in effect for an initial term of five (5) years and was extended for
one year. The City of Kent wishes to enter a new ILA through December 31, 2015.
Recommendations: ,
Recommend to City Council authorization for the Mayor to sign an Interlocal Agreement For
the Watershed Basins within Watershed Resource Inventory Area (WRIA) S. '
P IPublxIAAmurSupTWCommawlAr ronPag4dl
' 1 INTERLOCAL AGREEMENT
2 For the Watershed Basins within Water Resource Inventory Area 8
3
4 PREAMBLE
5 THIS AGREE VIENT ("Agreement") is entered into pursuant to Chapter 39 34 RCW by and
6 among the eltipble county and city governments signing this agreement that are located in King
7 and Snohomi;-h Counties, lying wholly or partially within the management area of Watershed
8 Resource Inventory Area ("WRIA") 8, which includes all or portions of the Lake Washington,
9 Cedar, and Sammamish basins, all political subdivisions of the State of Washington (individually
10 for those signing this Agreement"party" and collectively"parties"). The parties share interests in
11 and responsitAity for addressing long-term watershed planning and conservation for the
' 12 watershed ba-,ins in WRIA 8 and wash to provide for funding and implementation of various
13 activities and projects therein
' 14 MUTUAL CONVENANTS AND AGREEMENTS
15 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning
' 16 prov,ded for b glow
17 1.1. ELIGIBLE JURISDICTIONS: The governments eligible for participation in this Agreement
18 as patties are the Counties of King and Snohomish, and the Cities of Bellevue, Bothell,
' 19 Brier, Clyde Hill, Edmonds, Everett, Issaquah, Kenmore, Kent, Kirkland, Lake Forest
20 Park, Lynnwood, Maple Valley, Medina, Mercer Island, Mill Creek, Mountlake Terrace,
' 21 Mukillao, Newcastle, Redmond, Renton, Sammamish, Seattle, Shoreline, Woodinville,
22 and Woodway and the Towns of Beaux Arts, Hunts Point and Yarrow Point
' 23 1.2. WRIA 8 SALMON RECOVERY COUNCIL The WRIA 8 Salmon Recovery Counci!
24 creatc d herein is the governing body responsible for implementing this Agreement and is
25 compi ised of members who are designated representatives of eligible jurisdictions who
' 26 have,tuthorized the execution of and become parties to this Agreement In addition,the
27 WRIA 8 Salmon Recovery Council includes members who are not representatives of
28 the p;-rites and are comprised of a balance of stakeholder representatives and any other
29 perso is who are deemed by the parties to this Agreement to be appropriate for the
' 30 implementation and adaptive management of the WRIA 8 Plan The appointed
31 repre:�entahves of parties will appoint the members who are not representing parties,
32 using the voting provisions of Section 5 of this Agreement
33 1.3. LAKE WASH INGTONlCEDARISAMMAMISH WATERSHED (WRIA 8) CHINOOK
34 SALN ON CONSERVATION PLAN,JULY 2005 WRIA 8 Plan as referred to herein is
' 35 the thi ee volume document developed in partnership with stakeholder representatives
36 and r{tified by the parties to this Agreement for the purposes of preserving, protecting,
' 1 Final WRIA 8 ILA August 1,2006
r
37 and restoring habitat with the intent to recover listed species, including sustainable, '
38 genel (ally diverse, harvestable populations of naturally spawning Chinook salmon '
39 1.4 MANAGEMENT COMMITTEE Management Committee as referred to herein consists
40 of five; (5) elected officials or their designees which elected officials are chosen by the
41 party inembers of the WRIA 8 Salmon Recovery Council, according to the voting '
42 procedures in Section 5, and charged with staff oversight and administrative duties on the
43 WRIA 8 Salmon Recovery Council's behalf '
44 1.5 SERVICE PROVIDER(S) Service Provider(s), as used herein, means that agency,
45 gover iment, consultant or other entity which supplies staffing or other resources to and '
46 for the WRIA 8 Salmon Recovery Council, in exchange for payment. The Service
47 Provr ier(s)may be a party to this Agreement.
48 1 6 FISCAL AGENT: The Fiscal Agent refers to that agency or government who performs '
49 all accounting services for the WRIA 8 Salmon Recovery Council, as it may require, in
50 accor,lance with the requirements of Chapter 39 34 RCW. ,
51 1 7 STAKEHOLDERS: Stakeholders refers to those public and private entities within the
52 WRIA who reflect the diverse interests integral for planning, implementation, and ,
53 adapt ve management for the recovery of the listed species under the Endangered
54 Speci)s Act, which may include but are not limited to environmental and business
55 intere its '
56 2 PURPOSES. fhe purposes of this Agreement include the following
57 21 To provide a mechanism and governance structure for the implementation and adaptive ,
58 mana lement of the implementation of the WRIA 8 Plan and to share the cost of the
59 WRIA 8 Service Provider team to coordinate and provide the services necessary for the '
60 successful implementation and management of the WRIA 8 Plan The maximum
61 financial or resource obligation of any participating eligible jurisdiction under this
62 Agreement shall be limited to its share of the cost of the Service Provider staff and ,
63 associated operating costs.
64 22 To provide a mechanism for securing technical assistance and any available funding from '
65 state agencies or other sources
66 2.3 To provide a mechanism for the implementation of other habitat,water quality and flood '
67 projects with regional, state, federal and non-profit funds as may be contributed to the
68 WRIA 8 Salmon Recovery Council
69 2.4 To provide a framework for cooperation and coordination among the parties on issues
70 relatir g to the implementation and management of the implementation of the WRIA 8
71 Plan or to meet the requirement or a commitment by any party to participate in WRIA- '
72 base( or watershed basin planning in response to any state or federal law which may
2 Final WRIA 8 ILA August 1,2006
i
r
1 73 requu - such participation as a condition of any funding, permitting or other program of
74 state or federal agencies, at the discretion of such party to this Agreement.
75 2.5 To deielop and articulate WRIA-based positions on salmon habitat, conservation and
76 funding to state and federal legislators
77 2.6 To provide for the ongoing participation of citizens and other stakeholders in such efforts
78 and tc ensure continued public outreach efforts to educate and garner support for current
79 and ft.ture ESA efforts
80 It is not the purpose or intent of this Agreement to create, supplant, preempt or Supersede the
81 authority or ro e of any individual jurisdiction or water quality policy bodies such as the Regional
82 Water Quality Committee.
83 3. EFFECTIVE GATE AND TERM. This Agreement shall become effective on January 1, 2007
' 84 provided it has been signed by that date by at least nine (9)of the eligible jurisdictions within
85 WRIA 8 representing at least seventy per cent(70%)of the affected population, as authorized by
86 each jurisdiction's legislative body, and further provided that after such signatures this Agreement
87 has been filed by King County and Snohomish County in accordance with the terms of RCW
88 39 34 040 an, 200 This agreement m conjunction with the ILA Extension of 2006 reflects the
89 ten-year timef•ame of the priority actions identified in the WRIA 8 Plan Start-List The ILA
90 Extension of 2006 provides the mechanism and governance structure for year-one of
91 implementation. This Agreement provides the mechanism and governance structure for the
92 subsequent yf gars of implementation of the Start-List Chapter of the WRIA 8 Plan once
93 effective, this agreement shall remain in effect for a term of nine (9)years, provided, however,
94 that this Agreement may be extended for such additional terms as the parties may agree to In
' 95 writing, with such extension being effective upon its execution by at least nine (9) of the eligible
96 jurisdictions within WRIA 8 representing at least seventy per cent(70%)of the affected
97 population,
L98 4. ORGANIZATION AND NATURE OF WRIA 8 SALMON RECOVERY COUNCIL. The parties to
99 this Agreement hereby establish a governing body for WRIA 8 and the Lake Washington-Cedar
100 and Sammamish watershed basins and associated Puget Sound drainages (hereinafter the
101 "WRIA 8 Salmon Recovery Council"the precise boundaries of which are established in Chapter
102 173-500 WAC, or as determined by the WRIA 8 Salmon Recovery Council)to serve as the
103 formal govern ance structure for carrying out the purposes of this Agreement in partnership with
104 non-party members. Each party to this agreement shall appoint one (1)elected official to serve
105 as its representative on the WRIA 8 Salmon Recovery Council The WRIA 8 Salmon Recovery
106 Council is a oluntary association of the county and city governments located wholly or partially
107 within the management area of WRIA 8 and the Lake Washington-Cedar and Sammamish
108 watershed basins and associated Puget Sound drainages who choose to be parties to this
3 Final WRIA 8 ILA August 1,2006
109 Agreement. Fepresentatives from stakeholder entities who are selected under the voting
110 provisions of;,ection 5 2 of this agreement are also part of this association
ill 4.1 Upon -he effective execution of this agreement and the appointment of representatives to
112 the WRIA 8 Salmon Recovery Council, the party members of the WRIA 8 Salmon
113 Recol ery Council shall meet and choose from among its members, according to the
114 voting provisions of Section 5,five (5)elected officials or their designees, to serve as a
115 Mana 7ement Committee to oversee and direct the funds and personnel contributed
116 under this Agreement, in accordance with the adopted annual budget and such other
117 directions as may be provided by the party members of the WRIA 8 Salmon Recovery
118 Council Representatives of the Fiscal Agent and Service Provider may serve as non-
119 voting ex officio members thereof. The Management Committee shall act as an
120 executive subcommittee of the WRIA 8 Salmon Recovery Council, responsible for '
121 oversight and evaluation of any Service Providers or consultants, for administration of
122 the brdget, and for providing recommendations on administrative matters to the WRIA 8 '
123 Salmon Recovery Council for action, consistent with the other subsections of this
124 section.
125 41.1 It is contemplated that services to the WRIA 8 Salmon Recovery Council for
126 the term of this agreement shall be provided by King County Department of
127 Natural Resources which shall be the primary Service Provider unless the party
128 members pursuant to the voting provisions of Section 5 choose another primary
129 Service Provider The Management Committee shall prepare a Memorandum
130 of Understanding to be signed by an authorized representative of King County
131 and an authorized representative of WRIA 8, which shall set out the expectations '
132 for services to be provided Services should include, without limitation,
133 identification of and job descriptions for dedicated staff in increments no smaller
134 than 5 FTE, description of any supervisory role retained by the Service
135 Provider over any staff performing services under this Agreement, and a method
136 of regular consultation between the Service Provider and the Management
137 Committee concerning the performance of services hereunder
138 41.2 The Management Committee shall make recommendations to the party
139 members of the WRIA 8 Salmon Recovery Council for action, including
140 decisions related to work program, staffing and service agreements, and budget
141 and financial operations,for each year of this Agreement All duties of the
142 Management Committee shall be established by the party members of the
143 WRIA 8 Salmon Recovery Council.
144 4.2 The party members of the WRIA 8 Salmon Recovery Council shall have the authority
145 and riandate to establish and adopt the following
4 Final WRIA 8 ILA August 1,20M
L
146 4 2.1 By September 1 of each year, establish and approve an annual budget,
147 establishing the level of funding and total resource obligations of the parties
148 which are to be allocated on a proportional basis based on the average of the
149 population, assessed valuation and area attributable to each party to the
150 Agreement, in accordance with the formula set forth in Exhibit A, which formula
151 shall be updated every third year by the WRIA 8 Salmon Recovery Council, as
152 more current data become available, and in accordance with Section 2 1.
153 4.22 Review and evaluate annually the duties to be assigned to the Management
154 Committee hereunder and the performance of the Fiscal Agent and Service
155 Provider(s)to this Agreement, and provide for whatever actions it deems
156 appropriate to ensure that quality services are efficiently, effectively and
157 responsibly delivered in the performance of the purposes of this Agreement. In
158 evaluating the performance of any Service Provider(s), at least every three (3)
159 years, the WRIA 8 Salmon Recovery Council shall retain an outside consultant
160 to perform a professional assessment of the work and services so provided.
161 Evaluations of the Service Provider(s)shall occur in years 3, 6, and 9 of the
162 Agreement, which correspond to years 4, 7, and 10 of the WRIA 8 Plan Start-List
163 timeline
164 423 Oversee and administer the expenditure of budgeted funds and allocate the
165 utilization of resources contributed by each party or obtained from other sources
166 in accordance with an annual prioritized list of implementation and adaptive
167 management activities within the WRIA during each year of this Agreement
168 4.3 The PYRIA 8 Salmon Recovery Council through the primary Service Provider may
169 contract with similar watershed forum governing bodies or any other entities for any
170 lawful purpose related hereto, including specific functions and tasks which are initiated
171 and le,d by another party to this Agreement beyond the services provided by the primary
172 Service Provider The parties may choose to create a separate legal or administrative
173 entity under applicable state law, including without limitation a nonprofit corporation or
174 general partnership, to accept private gifts, grants or financial contributions, or for any
175 other lawful purposes
176 44 The party members of the WRIA 8 Salmon Recovery Council shall adopt other rules
177 and procedures that are consistent with its purposes as stated herein and are necessary
178 for its operation
179 5. VOTING Thl)party members on the WRIA 8 Salmon Recovery Council shall make decisions,
180 approve scops of work, budget, priorities and any other actions necessary to carry out the
181 purposes of tl its Agreement as follows
5 Final WRIA 8 ILA August 1,2006
182 5.1 No action or binding decision will be taken by the WRIA 8 Salmon Recovery Council
183 without the presence of a quorum of active party members A quorum exists if a majority
184 of the party members are present at the WRIA 8 Salmon Recovery Council meeting,
185 provit ed that positions left vacant on the WRIA 8 Salmon Recovery Council by parties
186 to this agreement shall not be included in calculating the quorum In addition, positions '
187 will bE considered vacant on the third consecutive absence and shall not be included in
188 calculating a quorum until that time in which the party member is present The voting
189 proce lures provided for in 5 1.1 through 5.1 2 are conditioned upon there being a
190 quorum of the active party members present for any action or decision to be effective and
191 binding.
192 5.1.1 Decisions shall be made using a consensus model as much as possible. Each
193 party agrees to use its best efforts and exercise good faith in consensus
194 decision-making Consensus may be reached by unanimous agreement of the
195 party members at the meeting, or by a majority recommendation agreed upon by
196 the active party members,with a minority report. Any party who does not accept
197 a majority decision may request weighted voting as set forth below
198 51 2 In the event consensus cannot be achieved, as determined by rules and
199 procedures adopted by the WRIA 8 Salmon Recovery Council, the WRIA 8
200 Salmon Recovery Council shall take action on a dual-majority basis, as follows
201 51 21 Each party, through its appointed representative, may cast its weighted
202 vote in connection with a proposed WRIA 8 Salmon Recovery Council
203 action
204 5 1.2.2 The weighted vote of each party in relation to the weighted votes of each
205 of the other parties shall be determined by the percentage of the annual
206 contribution by each party set in accordance with Subsection 4 2.1 in the
207 year in which the vote is taken
208 5.1.2.3 For any action subject to weighted voting to be deemed approved, an
209 affirmative vote must be cast by both a majority of the active party
210 members to this Agreement and by a majority of the weighted votes of
211 the active party members to this Agreement No action shall be valid
212 and binding on the parties to this Agreement until it shall receive majority
213 of votes of both the total number of active party members to the
214 Agreement and of the active members representing a majority of the
215 annual budget contribution for the year in which the vote is taken A vote
216 of abstention shall be recorded as a"no"vote
217 5.2 The party members on the WRIA 8 Salmon Recovery Council may deem it appropriate
218 to appoint to the WRIA 8 Salmon Recovery Council non-party stakeholder
6 Final WRIA 8 ILA August 1,2006
219 repre;entatives and other persons who are appropriate for the implementation and
220 adapt ve management of the WRIA 8 Plan
221 5 2 1 Nomination of such non-party members may be made by any member of the
222 WRIA 8 Salmon Recovery Council Appointment to the WRIA 8 Salmon
223 Recovery Council of such non-party members requires either consensus or dual
224 majority of party members as provided in Section 5 1
225 5.22 The party members on the WRIA 8 Salmon Recovery Council may deem it
226 appropriate to allow non-party members to vote on particular WRIA 8 Salmon
227 Recovery Council decisions The party members may determine which issues
228 are appropriate for non-party voting by either consensus or majority as provided
229 in Sections 5 1, except in the case where legislation requires non-party member
230 votes.
231 523 Decisions of the entire WRIA 8 Salmon Recovery Council, both party and non-
232 party members, shall be made using a consensus model as much as possible
233 Voting of the entire WRIA 8 Salmon Recovery Council will be determined by
234 consensus or majority as provided in Sections 5 1 and a majority of the non-party
235 members
236 6. ADAPTIVE MANAGEMENT OF THE WRIA 8 CHINOOK SALMON CONSERVATION PLAN
237 The WRIA 6 Plan shall be implemented with an adaptive management approach Such an
238 approach anti:ipates updates and amendments to the WRIA 8 Plan Such amendments to be
239 effective and Binding must comply with the following provisions
240 6.1 The VYRIA 8 Salmon Recovery Council shall act to approve or remand any WRIA 8
241 Plan,amendments prepared and recommended by the committees of the WRIA 8
242 SaW:)n Recovery Council within ninety(90)days of receipt of the plan amendments,
243 accorJing to the voting procedures described in Section 5.
244 62 In the event that any amendments are not so approved, they shall be returned to the
245 committees of the WRIA 8 Salmon Recovery Council for further consideration and
246 amendment and thereafter returned to the WRIA 8 Salmon Recovery Council for
247 decision.
248 6.3 After approval of the WRIA 8 Plan amendments by the WRIA 8 Salmon Recovery
249 Council, the plan amendments shall be referred to the parties to this Agreement for
250 ratific 3tion prior to the submission to any federal or state agency for further action.
251 Ratfi;ation means an affirmative action, evidenced by a resolution, motion, or ordinance
252 of the jurisdiction's legislative body, by at least nine(9)jurisdictions within WRIA 8
253 representing at least seventy per cent (70%)of the total population of WRIA 8 Upon
254 ratification, the WRIA 8 Salmon Recovery Council shall transmit the updated WRIA 8
255 Plan o any state or federal agency as may be required for further action
7 Final WRIA 8 ILA August 1,2006
256 6.4 In the event that any state or federal agency to which the WRIA 8 Plan or amendments
257 theret) are submitted shall remand the WRIA 8 Plan or amendments thereto for turther
258 consideration, the WRIA 8 Salmon Recovery Council shall conduct such further
259 consideration and may refer the plan or amendments to the committees of the WRIA 8
260 Salmon Recovery Council for recommendation on amendments thereto
261 6.5 The p 3rties agree that any amendments to the WRIA 8 Plan shall not be forwarded
262 separ 3tely by any of them to any state or federal agency unless it has been approved
263 and rMified as provided herein
264 7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES
265 7.1 Each 3arty shall be responsible for meeting its financial obligations hereunder as
266 descrbed in Section 2 1 and established in the annual budget adopted by the WRIA 8
267 Salmon Recovery Council under this Agreement and described in Section 4 2 1
268 The maximum funding responsibilities imposed upon the parties during the first year of
269 this Agreement shall not exceed the amounts set forth in Exhibit A, which shall be
270 updat ad every third year as described in Section 4 2 1
271 7.2 No lal er than September 1 of each year of this Agreement, the WRIA 8 Salmon
272 Reco rery Council shall adopt a budget, including its overhead and administrative costs,
273 for this following calendar year The budget shall propose the level of funding and other
274 (e g :,taffing)responsibilities of the individual parties for the following calendar year and
275 shall propose the levels of funding and resources to be allocated to specific prioritized �1
276 ample nentation and adaptive management activities within the WRIA. The parties shall
277 thereafter take whatever separate legislative or other actions that may be necessary to
278 timel} address such individual responsibilities under the proposed budget, and shall have
279 done so no later than December 1 st of each such year
280 73 Fund:;collected from the parties or other sources on behalf of the WRIA 8 Salmon
281 Recovery Council shall be maintained in a special fund by King County as Fiscal Agent
282 and as ex officto treasurer on behalf of the WRIA 8 Salmon Recovery Council pursuant
283 to rubs and procedures established and agreed to by the WRIA 8 Salmon Recovery
284 Cour cit. Such rules and procedures shall set out billing practices and collection
285 proc(-dures and any other procedures as may be necessary to provide for its efficient
286 administration and operation Any party to this Agreement may inspect and review all
287 recorjs maintained in connection with such fund at any reasonable time.
288 8. LATECOMERS A county or city government in King or Snohomish County lying wholly or
289 partially within the management area of WRIA 8 and the Lake Washington-Cedar and
290 Sammamish watershed basins and adjacent Puget Sound drainages which has not become a
291 party to this Agreement within twelve(12)months of the effective date of this Agreement may
292 become a pasty only with the written consent of all the parties The provisions of Section 5
8 Final WRIA 8 ILA August 1,2006
293 otherwise gov3ming decisions of the WRIA 8 Salmon Recovery Council shall not apply to
294 Section 8 Th-3 parties and the county or city seeking to become a party shall jointly determine
295 the terms and conditions under which the county or city may become a party These terms and
296 conditions shE 11 include payment by such county or city to the parties of the amount determined
297 jointly by the 1:arties and the county or city to represent such county or city's fair and
298 proportionate ;hare of all costs associated with activities undertaken by the WRIA 8 Salmon
299 Recovery Co incil and the parties on its behalf as of the date the county or city becomes a party.
300 Any county or city that becomes a party pursuant to this section shall thereby assume the general
301 rights and responsibilities of all other parties to this Agreement
302 9. TERMINATION This Agreement may be terminated by any party, as to that party only, upon
303 sixty (60) day:,'written notice to the other parties The terminating party shall remain fully
304 responsible fo-meeting all of its funding and other obligations through the end of the calendar
305 year in which such notice is given, together with any other costs that may have been incurred on
306 behalf of such terminating party up to the effective date of such termination This Agreement may
307 be terminated at any time by the written agreement of all parties It is expected that the makeup
308 of the parties to this Agreement may change from time to time Regardless of any such changes,
309 the parties choosing not to exercise the right of termination shall each remain obligated to meet
310 their respective share of the obligations of the WRIA 8 Salmon Recovery Council as reflected in
311 the annual budget.
312 10, HOLD HARM _ESS AND INDEMNIFICATION To the extent permitted by state law, and for the
313 limited purposes set forth in this agreement, each party shall protect, defend, hold harmless and
314 indemnify the other parties, their officers, elected officials, agents and employees, while acting
315 within the scope of their employment as such, from and against any and all claims (including
316 demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature
317 whatsoever)arising out of or in any way resulting from such party's own negligent acts or
318 omissions relEted to such party's participation and obligations under this agreement Each party
319 agrees that its obligations under this subsection extend to any claim, demand and/or cause of
320 action brought by or on behalf of any of its employees or agents For this purpose, each party, by
321 mutual negotu ition, hereby waives, with respect to the other parties only, any immunity that would
322 otherwise be available against such claims under the industrial insurance act provisions of Title
323 51 RCW The provisions of this subsection shall survive and continue to be applicable to parties
324 exercising the right of termination pursuant to Section 9
325 11. NO ASSUMP fION OF LIABILITY In no event do the parties to this Agreement intend to assume
326 any responsibility, risk or liability of any other party to this Agreement or otherwise with regard to
327 any party's duties, responsibilities or liabilities under the Endangered Species Act, or any other
328 act, statute or regulation of any local municipality or government, the State of Washington or the
329 United States
9 Final WRIA 8 ILA August 1,2006
330 12 VOLUNTARY AGREEMENT This is a voluntary agreement and it is acknowledged and agreed
331 that, in enterirg into this Agreement, no party is committing to adopt or implement any actions or
332 recommendat ons that may be contained in the WRIA 8 Plan pursuant to this Agreement
333 13 NO PRECLUISION OF ACTIVITIES OR PROJECTS Nothing herein shall preclude anyone or
334 more of the parties to this Agreement from choosing or agreeing to fund or implement any work,
335 activities or pr,)tects associated with any of the purposes hereunder by separate agreement or
336 action, providod that any such decision or agreement shall not impose any funding, participation s
337 or other oblig�:6on of any kind on any party to this Agreement which is not a party to such ■
338 decision or agreement
339 14 NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be
340 construed to, nreate any rights in any third party, including without limitation the non-party
341 members, NNFS, USFWS,any agency or department of the United States, or the State of
342 Washington, or to form the basis for any liability on the part of the WRIA 8 Salmon Recovery
343 Council or any of the parties, or their officers, elected officials, agents and employees, to any
344 third party.
345 15. AMENDMEN''S.This Agreement may be amended, altered or clarified only by the unanimous
346 consent of the parties to this Agreement, represented by affirmative action by their legislative
347 bodies
348 16 COUNTERPARTS This Agreement may be executed in counterparts
349 17. APPROVAL BY PARTIES' GOVERNING BODIES The governing body of each party must
350 approve this Agreement before any representative of such party may sign this Agreement.
351 18. FILING OF AGREEMENT. This Agreement shall be filed by King County and Snohomish
352 County in acc)rdance with the provisions of RCW 39 34,040 and 200 and with the terms of
353 Section 3 herein.
354
355
356 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below:
357
358 Approved as to form: TOWN OF BEAUX ARTS VILLAGE
359
360 By By
361
362 Title Title•
363
364 Date Date
10 Final WRIA 8 ILA August 1,2006
365 Approved as to form, CITY OF BELLEVUE
366
367 By By
368
369 Title Title
370
371 Date Date
372
373
374 Approved as to form: CITY OF BOTHELL
375
376 By By
377
378 Title- Title•
379
380 Date Date
381
382
383 Approved as to form CITY OF CLYDE HILL
384
385 By By
386
387 Tile Title
388
389 Date Date
390
391
392 Approved as to form. CITY OF EDMONDS
393
394 By By
395
396 Title Tile:
397
398 Date Date
11 Final WRIA 8 ILA August1,2006
399 Approved as to form TOWN OF HUNTS POINT
400
401 By By
402
403 Title Title
404
405 Date Date
406
407 Approved as to form, CITY OF ISSAQUAH
408
409 By By
410
411 Title Title
412
413 Date Date
414
415
416 Approved as to form: CITY OF KENMORE
417
418 By By
419
420 Title Title
421
422 Date Date
423
424
425 Approved as to form: CITY OF KENT
426
427 By: By-
428
429 Title Title
430
431 Date Date
12 Final WRIA 8 ILA August 1,2006
432 Approved as to form KING COUNTY
433
434 By. By:
435
436 Title. Title
437
438 Date Date
439
440
441 Approved as to form CITY OF KIRKLAND
442
443 By By,
444
445 Title Title,
446
447 Date Date
448
449
450 Approved as to form CITY OF LAKE FOREST PARK
451
452 By By
453
454 Title Title
455
456 Date. Date
457
458
459 Approved as to form: CITY OF MAPLE VALLEY
460
461 By By
462
463 Title- Title,
464
465 Date Date
i
13 Final WRIA 8 ILA August 1,2006
466 Approved as to form. CITY OF MEDINA
467
468 By By
469
470 Title Title
471
472 Date Date
473
474
475 Approved as to form: CITY OF MERCER ISLAND
476
477 By By,
478
479 Title Title
480
481 Date Date
482
483
484 Approved as to form CITY OF MILL CREEK
485
486 By By
487
488 Title Title
489
490 Date Date
491
492
493 Approved as to form CITY OF MOUNTLAKE TERRACE
494
495 By By
496
497 Title Title
498
499 Date Date
i
14 Final WRIA 8 ILA August 1,2006
500 Approved as to form CITY OF MUKILTEO
501
502 By By
503
504 Title, Title
505
506 Date Date
507
508
509 Approved as to form: CITY OF NEWCASTLE
510
511 By By
512
513 Title Title:
514
515 Date Date
516
517
518 Approved as to form. CITY OF REDMOND
519
520 By By
521
522 Tithe- Title
523
524 Date Date
525
526
527 Approved as to form CITY OF RENTON
528
529 By By
530
531 Title Title•
532
533 Date Date
15 Final WRIA 8 ILA August 1,2006
534 Approved as to form: CITY OF SAMMAMISH
535
536 By By.
537
538 Title Title-
539
540 Date Date
541
542
543 Approved as to form: CITY OF SEATTLE
544
545 By: By
546
547 Title Title
548
549 Date Date
550
551
552 Approved as to form: CITY OF SHORELINE
553
554 By By
555
556 Title Title
557
558 Date Date
559
560
561 Approved as to form: SNOHOMISH COUNTY
562
563 By By
564
565 Title Title.
566
567 Date Date
16 Final WRIA8 ILA August 1.2006
568 Approved as to form- CITY OF WOODINVILLE
569
570 By By-
571
572 Title Title
573
574 Date Date
575
576 Approved as to form. TOWN OF YARROW POINT
577
578
579 By By
580
581 Title Title,
582
583 Date Date
r
I17 Final WRIA 8 ILA August 1,2006
Kent City Council Meeting
Date November 7, 2006
Category Consent Calendar
1. SUBJECT: EXTENSION OF INTERLOCAL AGREEMENT FOR
WATERSHED RESOURCE INVENTORY AREA 9 — AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign an Interlocal Agreement
for Watershed Basins within Water Resource Inventory Area 9.
3. EXHIBITS: Public Works memorandum and Interlocal agreement
4. RECOMMENDED BY: Public Works Committee
` (Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure's Yes 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. 6H
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: October 10, 2006
To: Chair Debbio Raplee and Public Works Committee Members
PW Committee Meeting Date: Monday, October 16, 2006
From, Michael Mac:utis, Environmental Engineering Manager
Through: Larry Blanclard, Public Works Director
Subject: Water Resource Inventory Area 9 Interlocal Agreement
ITEM 4
Motion: ■ Required ❑ Not Required ❑ For Information Only
Recommend to City Council authorization for the Mayor to sign an Interlocal Agreement
(ILA) for the Green River, Duwamish River, and Central Puget Sound Watersheds within
the geographic planning area of Water Resource Inventory Area (WRIA) 9 (which
includes portions of Water Resource Inventory Areas 8, 10, and 15).
Will document be required?
❑ Ordinance 11 Resolution ■ Agreement ❑ Contract
❑ Policy rj SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Background/History:
In March 1999, the federal government listed Puget Sound Chinook salmon and Bull Trout
as threatened under the Endangered Species Act. In 2000, concerned about the need to
protect and restore habitat for Chinook salmon for future generations, 16 cities and King
County in WRIA 9, including Kent, signed an ILA to jointly participate in and fund the
development of a conservation plan to protect and restore salmon habitat. WRIA 9 includes
the Green / Duwamish Watershed, as well as near shore habitat from Elliott Bay south
through Federal W:ay and around Vashon and Maury Islands.
The parties enterer into the ILA share interest in and responsibility for addressing long term
watershed planninc and conservation for the watershed basins in WRIA 9 and wish to
provide for plannm,3, funding and implementation of various activities and projects. The
result of the initial -ive years of collaboration among the agencies as well as many other
interested busines and environmental groups as well as state and federal agencies, is the
WRIA 9 Salmon Habitat Plan, which was completed in 2005 and adopted by the City of Kent.
P1PuWmUdmmSuPIPN'Cammrtr¢¢UeanrPrrge rla
To continue in this effort, an extension of the ILA for one additional project year was
executed as a tram_ition year in order to pursue initiation of activities related to
implementation of the WRIA 9 Salmon Habitat Plan.
The new ILA has keen updated to target implementation of the WRIA 9 Chinook Salmon
Conservation Plan. Ratification of the ILA would continue the City`s support for using the
goals, processes, i-ctions, funding and management approaches, and projects included in
the 2005 Chinook Salmon Conservation Plan. The plan involves continuing
intergovernmental coordination and decision making, clarifying priorities for funding,
securing long term funding sources, monitoring progress and negotiating assurances from
the federal and stale governments.
A hard copy of the NRIA 9 Chinook Salmon Conservation Plan is available for perusal in the
Kent Public Works Department.
Summary:
The City of Kent en.ered an Interlocal Agreement (ILA) for participation in WRIA 9 on
December 18, 2001' . The agreement remained in effect for an initial term of five (5) years
and was extended for one year through 2006. The City of Kent wishes to enter a new ILA
through December 31, 2015.
Recommendations:
Recommend to Cit)! Council authorization for the Mayor to sign an Interlocal Agreement
(ILA) for the Green River, Duwamish River, and Central Puget Sound Watersheds within the
geographic planning area of Water Resource Inventory Area (WRIA) 9 (which includes
portions of Water Resource Inventory Areas 8, 10, and 15).
P IPUNXUdM"JS.PIPWCommmeeUa m"Page Aru
t
INTERLOCAL AGREEMENT
For the Green River, Duwamish River, and Central Puget Sound Watersheds
within thi,geographic planning area of Water Resource Inventory Area 9 (which
inc:udes portions of Water Resource Inventory Areas 8, 10, and 15)
PREAMBLE
THIS AGREEMENT ("Agreement") is entered into pursuant to Chapter 39 34 RCW by
and among tl-e eligible county and city governments signing this Agreement that are located in
King County or Pierce County, lying wholly or partially within or having a major interest in the
Green River, Duwamish River, and Central Puget Sound Watersheds and within the planning and
management area of Watershed Resource Inventory Area 9 ,which includes portions of WRIA 8,
10, and 15, ('9VRIA 9") all political subdivisions of the State of Washington ( individually, for those
signing this a(,reement, "Party', and collectively"Parties"),
WHEREAS, the planning and management area of WRIA 9 includes all of the area
recognized by the State of Washington as WRIA 9 and portions of WRIA 8, 10, and 15,
WHEREAS, the Parties share interests in and responsibility for addressing long-term
watershed planning and conservation of the aquatic ecosystems of the Green River, Duwamish
River, and Central Puget Sound Watersheds and wish to collectively provide for planning, funding
and implemertation of various activities and projects therein; and
WHEREAS, the Parties have participated in an Interlocal Agreement for the years 2001-
2005 to develop "Making Our Watershed Fit for a King" ("Salmon Habitat Plan"), contributed to
the Puget Soi nd Salmon Recovery Plan, and desire to continue providing efficient participation in
the implemeniation of such plans, and
WHEREAS, the Parties have demonstrated in the Salmon Habitat Plan that watershed
ecosystem services are worth billions of dollars of value to local people in terms of stormwater
management, pollution treatment, recreational value, and other expensive and difficult to replace
services, and
WHEREAS, the Parties seek information on watershed conditions and salmon
conservation and recovery needs to inform local decision-making bodies regarding actions in
response to lii,tings under the Endangered Species Act("ESA"), and
WHEREAS, the Parties have prioritized and contributed resources and funds for
implementing projects and programs to protect and restore habitat; and
WHEREAS, the Parties wish to monitor and evaluate implementation of the Salmon
Habitat Plan through adaptive management, and
WHEREAS,the Parties wish to continue to use adaptive management for identifying,
coordinating i:nd implementing basin plans and water quality, flood hazard reduction, water
quantity, and Habitat projects in the watersheds, and
WRIA 9 ILA 2007-2015 (NRIA 9 Forum recomd.,mod 8-24-06 and 10-2-06, legal review complete) Page 1
WHEREAS, the Parties have a strong Interest in participating on the Puget Sound
Salmon Recovery Council because of the contributions of the Green River, Duwamish River, and
Central Puget Sound Watersheds to the overall health of Puget Sound, and
WHEREAS, the Parties have a strong interest in participating on the Lead Entity Advisory
Group and other groups associated with the Salmon Recovery Funding Board to collectively seek
funding to iml.lement the Salmon Habitat Plan, and
WHEREAS, the Parties have a strong interest in participating on the Puget Sound
Partnership tc develop recommendations to restore the Puget Sound to health and sustain that
health by 2021); and
WHEREAS, the Parties recognize that identification of watershed issues, and
implementation of salmon conservation and recovery actions may be carried out more efficiently if
done coopera ively than if carried out separately and independently, and
WHEREAS, individual Parties are taking separate and independent actions to improve
the health of :he Green River, Duwamish River, and the Central Puget Sound Watersheds and
the overall heAth of Puget Sound,
NOW THEREFORE, the Parties hereto do mutually covenant and agree as follows
MUTUAL CONVENANTS AND AGREEMENTS
1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning
provided for below
1.1 ELIGIBLE COUNTY AND CITY GOVERNMENTS: The local governments eligible for
partic pation in this Agreement as parties are King County, and the Cities of Algona,
Aubuin, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent,
Maple Valley, Normandy Park, Renton, SeaTac, Seattle, Tacoma, Tukwila, and any
newly incorporated city that lies fully or partially within the boundaries of WRIA 9.
1.2 WRIP 9 WATERSHED FORUM: The WRIA 9 Watershed Forum created herein is the
governing body responsible for implementing this Agreement The WRIA 9 Watershed
Foruin is comprised of designated representatives of eligible governments who have
authorized the execution of and become Parties to this Agreement.
13 WRIP! 9 STEERING COMMITTEE: The WRIA 9 Steering Committee referred to herein
is the cooperative body comprised of a balance of stakeholder representatives and any
other persons who are deemed by the Parties to this Agreement to be appropriate
members for the implementation of the Salmon Habitat Plan
1.4 GREENIDUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER
RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN The Green/Duwamish
and central Puget Sound Watershed Water Resource Inventory Area 9 Salmon
Habhat Plan is the plan developed by the WRIA 9 Steering Committee and ratified by
all of the parties to an interlocal agreement for its development The Salmon Habitat
WRIA 9 ILA 2007-2015(WRIA 9 Forum recomd.,mod 8-24-06 and 10-2-06, legal review complete) Page 2
Plan -ecommends actions that should be taken from 2006 through 2015 (ten years) to
protec t and restore salmon habitat, using an ecosystem approach, in the
Greer/Duwamish and Central Puget Sound Watersheds. This Salmon Habitat Plan
may be amended from time to time according to the procedure in Section 6 herein and
approved amendments shall be considered integral parts of the Salmon Habitat Plan
Effort; under the Salmon Habitat Plan are intended to complement habitat improvements
in other parts of Puget Sound and hatchery and harvest actions to recover Puget Sound
Chinook salmon and bull trout. The Salmon Habitat Plan constitutes a chapter of the
Pugel Sound Salmon Recovery Plan.
1.5 MANAGEMENT COMMITTEE: Management Committee as referred to herein consists
of se ten (7) elected officials or their designees The seven elected officials of the
Management Committee are chosen by the WRIA 9 Watershed Forum, according to the
votinc; procedures in Section 5 herein, charged with certain oversight and administrative
duties: on the WRIA 9 Watershed Forum's behalf.
1.6 SER%ICE PROVIDER: Service Provider, as used herein, means that agency,
govei iment, consultant, or other entity which supplies staffing or other resources to and
for th,3 WRIA 9 Watershed Forum, in exchange for payment, The Service Provider
may t e a Party to this Agreement.
1.7 FISCAL AGENT: The Fiscal Agent refers to that agency or government who performs
all accounting services for the WRIA 9 Watershed Forum, as it may require, in
accorjance with the requirements of Chapter 39 34 RCW
1.8 STAR EHOLDERS: Stakeholders refers to those public and private entities within WRIA
9 who reflect the diverse interests integral to implementing the Salmon Habitat Plan,
which may include but is not limited to environmental and business interests.
2. PURPOSES. The purposes of this Agreement include the following.
21 To provide a mechanism to protect and restore the ecological health of the
Greed/Duwamish Rivers and Central Puget Sound Watersheds
2.2 To provide a mechanism, through an annually agreed upon work plan, for implementing
and coordinating local efforts to address issues with watershed-wide or basin
implications, including but not limited to flood hazard reduction, surface and groundwater
quahti, water quantity, and habitat
2.3 To provide a mechanism and governance and funding structures for jointly implementing
the Salmon Habitat Plan
24 To develop and take actions on key issues during the implementation of the Salmon
Habitat Plan.
2.5 To provide a mechanism for cooperative review and implementation of recommended
polic�,)s and regulations needed for response to listings under the Endangered Species
Act
WRIA 9 IIA 2007-2015 1 WRIA 9 Forum recomd.,mod 8-24-06 and 10-2-06;legal review complete) Page 3
t
26 To p r.)vide a venue f or t he o ngoing participation o f citizens a nd other s takeholders i n E
salmon recovery and o ther watershed efforts and t o ensure continued p ublic o utreach
effort, to educate and garner support for current and future watershed and Endangered
Speci�s Act listed species response efforts by local governments and in accordance with
the S,dmon Habitat Plan
2.7 To provide a mechanism for securing technical assistance and any available funding from
fedeml, state, and other sources to implement the Salmon Habitat Plan.
2.8 To provide a mechanism for implementing other habitat, surface and groundwater quality,
water quantity and flood hazard reduction protects with other local, regional, tribal, state,
federal and non-profit funds as may be contributed to or secured by the WRIA 9
Wate shed Forum
2.9 To ar nually recommend protects for grant funding by the King Conservation District
throu(ih the King Conservation District's Forum grant program distribution
210 To annually recommend protects for implementation of planning, engineering, permitting
and d onstruction tasks for the Green/Duwamish Ecosystem Restoration Protects in
partwr rship with the U S Army Corps of Engineers.
2.11 To pr7wde a framework for cooperating and coordinating among the Parties on issues
relatirg to WRIA 9 to meet the requirement of a commitment by any Party to participate in
WRIh 9 planning and implementation, to prepare or implement a basin plan, or to
respo id to any state or federal law which may require these actions as a condition of any
fundir g, permitting or other program of state or federal agencies Participation is at the
discretion of such Party to this Agreement
212 To provide a mechanism to approve and support, through resources, funding from grant
sources or other means, implementation of restoration and protection protects and
progr,rms
213 To provide a mechanism for on-going monitoring and evaluation of the Salmon Habitat
Plan implementation through adaptive management as defined in the Plan
It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the
authority or rule of any jurisdiction, governmental entity or water quality policy bodies including
the Regional Water Quality Committee.
3 EFFECTIVE HATE AND TERM. This Agreement shall become effective upon its execution by at
least five (5) of the eligible local governments within WRIA 9 representing at least seventy
percent (70% of the affected population within the geographic area of WRIA 9, as authorized by
the legislative body of each local government and further provided that after such signatures this
Agreement h�s been filed by King County in accordance with the terms of RCW 39.34 040 and
200 Once r ffective, this Agreement shall remain in effect for an initial term of nine (9) years,
provided, however, that this Agreement may be extended for such additional terms as the Parties
may agree to in writing with such extension being effective upon its execution by at least five (5)
WRIA 9 ILA 2007-2015(NRIA 9 Forum recomd,mod 8-24-06 and 10-2-06;legal review complete) Page 4
i
of the eligible local governments within WRIA 9 representing at least seventy percent (70%) of
the affected 1_opulation within the geographic area of WRIA 9, as authorized by the legislative
body of each local government, and further provided that after such signatures this Agreement
has been filet by King County in accordance with the terms of RCW 39 34 040 and 200. Such
extension shall bind only those Parties executing the extension.
4. ORGANIZATION AND MEMBERSHIP OF THE WRIA 9 WATERSHED FORUM. The Parties to
this Agreemei it hereby establish a WRIA 9 Watershed Forum to serve as the formal governance
structure for carrying out the purposes of this Agreement. The WRIA 9 Watershed Forum is a
voluntary a ssociation o f t he c ounty and c ity g overnments I ocated w holly o r p artially within t he
management area of or having a major interest in WRIA 9 who choose to be Parties to this
Agreement
41 Each Party to this Agreement shall appoint one (1) elected official to serve as its primary
representative, and one (1) alternate representative to serve on the WRIA 9 Watershed
Forum. The alternate representative may be a different elected official or senior staff
perso n.
4.2 Upon the effective execution of this Agreement and the appointment of representatives to
the VtRIA 9 Watershed Forum, the WRIA 9 Watershed Forum shall meet and choose
from among its members, according to the provisions of Section 5 herein, seven (7)
offic0s or their designees, to serve as a Management Committee to oversee and direct
the scope of work, funds, and personnel agreed to and contributed under this Agreement,
in ac..,ordance with the adopted annual budget and work program and such other
direct ons as may be provided by the WRIA 9 Watershed Forum Representatives of
the F scal Agent and Service Provider may serve as non-voting ex officio members of
the Management Committee The Management Committee shall act as the executive
subcommittee of the WRIA 9 Watershed Forum, responsible for oversight and
evalu 3tion of any Service Providers or consultants, administration of the budget and
work plan, and for providing recommendations on administrative matters to the WRIA 9
Watershed Forum for action, consistent with other subsections of this section The
WRb' 9 Watershed Forum shall consider new appointments or reappointments to the
Management Committee every two years following its initial appointments.
4.3 The Services cost-shared under this agreement shall be provided to the WRIA 9
Watershed Forum by the Service Provider, which shall be King County Department of
Natural Resources and Parks, unless selected otherwise by the WRIA 9 Watershed
Forum. The Management Committee shall prepare a Memorandum of Understanding to
be signed by a representative of the Service Provider, and a representative of the WRIA
9 W4 tershed Forum, which shall set out the expectations for services so provided.
Servii;es should include, without limitation, identification of and lob descriptions for
dedicated staff in increments no smaller than 0 5 Full Time Equivalent, description of any
tWRIA 9 IiA 2007-2015(WRIA 9 Forum recomd,mod 8-24-06 and 10-2-06, legal review complete) Page 5
i
super iisory role retained by the Service Provider over any staff performing services
under this Agreement, and a method of regular consultation between the Service
Provider and the Management Committee concerning the performance of services
hereunder.
43.1 A subset of the Parties to this Agreement may purchase and cost share services
from the Service Provider in addition to the annual cost-shared services agreed
to by all Parties pursuant to Section 4.3 herein
432 The Management Committee shall prepare a Memorandum of Understanding to
be signed by a representative of the Service Provider, and a representative of
the WRIA 9 Watershed Forum, which shall set out the expectations for the
additional services so provided to the subset of Parties to this Agreement.
4.4 The I'VRIA 9 Watershed Forum, by September 1 of each year, shall establish and
approve an annual budget that provides for the level of funding and total resource
oblig�:tions of the Parties for the following calendar year. Such obligations are to be
allocated on a proportional basis based on the average of the population, assessed
valuation and area attributable to each Party to this Agreement, in accordance with the
formula set forth in Exhibit A, which formula and accompanying data shall be updated by
the 111RIA 9 Watershed Forum when more current data become available Tacoma's
cost �hare will be determined on an annual basis by the Parties and will be included in
the annual updates to Exhibit A The weight accorded Tacoma's vote for weighted voting
pursuant to Section 5 herein shall correspond to Tacoma's cost share for each year
relate%a to the cost shares contributed by the other Parties.
4.4.1 The level of funding, total resource obligations, and allocation of obligations for
those members of the Parties that agree to cost share additional services
pursuant to Subsection 4.3.1 herein shall be negotiated and determined by those
Parties purchasing the additional services
4.42 The WRIA 9 Watershed Forum shall incorporate the negotiated additional cost
share and incorporate the services in its annual budget and work plan _
4.5 The WRIA 9 Watershed Forum shall oversee and administer the expenditure of
budgoted funds and shall allocate the utilization of resources contributed by each Party or
obtan ied from other sources in accordance with the approved annual work program
4.6 The IVRIA 9 Watershed Forum shalt review and evaluate the duties to be assigned to
the Management Committee hereunder and the performance of the Fiscal Agent and
Service Provider to this Agreement, and shall provide for whatever actions are
nece:,sary to ensure that quality services are efficiently, effectively and responsibly
delivc,red in the performance of the purposes of this Agreement. The performance of the
Service Providershall be assessed every three years
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47 The WRIA 9 Watershed Forum may contract with similar watershed forum governing
bodies such as the Puget Sound Shared Salmon Strategy and Puget Sound Partnership
or an,, other entities for any lawful purpose related to the purposes provided for in this
agreement The Parties may choose to create a separate legal or administrative entity
under applicable state law, including without limitation a nonprofit corporation or general
partm,rship, to accept private gifts, grants or financial contributions, or for any other lawful
purpose consistent with the purposes provided for herein.
4.8 The WRIA 9 Watershed Forum shall adopt other rules and procedures that are
consr.tent with its purposes as stated herein and are necessary for its operation
5. VOTING. Tt a WRIA 9 Watershed Forum shall make decisions, approve scopes of work,
budgets, priorities, and any other actions necessary to carry out the purposes of this Agreement
as follows
5.1 Decisons shall be made using a consensus model as much as possible Each Party
agrees to use its best efforts and exercise good faith in consensus decision-making.
Consensus may be reached by unanimous agreement of the Parties If unanimous
agreement of members cannot be reached then the Parties to this agreement may reach
consensus by a majority recommendation with a minority report. Any Party who does not
accel:t a majority decision may request weighted voting as set forth below.
5.2 In th(: event consensus cannot be achieved, as determined by rules and procedures
adoptad by the WRIA 9 Watershed Forum, the WRIA 9 Watershed Forum shall take
actioi on a dual-majority basis, as follows
5 2 1 Each Party, through its appointed representative, may cast Its weighted vote in
connection with a proposed WRIA 9 Watershed Forum action.
5.22 The weighted vote of each Party in relation to the weighted votes of each of the
other Parties shall be determined by the percentage of the annual contribution
made by each Party as set in accordance with Section 4 4 herein in the year in
which the vote is taken
5.2.3 For any action subject to weighted voting to be deemed approved, valid and
binding, an affirmative vote must be cast by both a majority of the Parties to this
Agreement and by a majority of the weighted votes of the Parties to this
Agreement A vote of abstention shall be recorded as a"no" vote
6 IMPLEMENT XTION OF THE SALMON HABITAT PLAN The Salmon Habitat Plan shall be
implemented ,onsistent with the following:
61 The WRIA 9 Steering Committee, which shall be appointed by the WRIA 9 Watershed
Foruin, shall be an advisory body responsible for making recommendations for
implementing the Salmon Habitat Plan to the WRIA 9 Watershed Forum, including
substantive plan amendments recommended as a result of adaptive management The
WRM, 9 Steering Committee shall provide information to the WRIA 9 Watershed
WRIA 9 IIA 2007-2015 i WRIA 9 Forum recomd.,mod.8-24-06 and 10-2-06;legal review complete) Page 7
Foruin regarding progress in achieving the goals and objectives of the Salmon Habitat
Plan Recommendations of the WRIA 9 Steering Committee are to be consistent with
the I;urposes of this Agreement The WRIA 9 Watershed Forum may authorize
additi mal advisory bodies to the WRIA 9 Steering Committee, such as an adaptive
management work group.
6.2 The WRIA 9 Watershed Forum shall act to approve or remand any substantive changes
to the, Salmon Habitat Plan based upon recommendations by the WRIA 9 Steering
Committee within ninety (90) days of receipt of the proposed changes, according to the
votini procedures of Section 5 herein. In the event that the Salmon Habitat Plan
chan,;les are not so approved, the recommended changes shall be returned to the WRIA
9 Steering Committee for further consideration and amendment and thereafter returned
to the WRIA 9 Watershed Forum for decision.
6.3 The WRIA 9 Watershed Forum shall determine when ratification is needed of
substantive changes to the Salmon Habitat Plan by the Parties The changes shall be
referr 3d to t he P arties f or ratification p rlor to t he s ubmission t o a ny regional, s late, o r
federal agency for further action. Ratification means an affirmative action, evidenced by
a resolution, motion, or ordinance of the local government's legislative body, by at least
five F=arties representing at least seventy percent (70%) of the total population within the
geographic planning and management area of WRIA 9
6.4 Upon remand for consideration of any portion or all of the Salmon Habitat Plan by any
regional, state or federal agency the WRIA 9 Watershed Forum shall undertake a
review for consideration of the remanded portion or plan. The WRIA 9 Watershed
Foruin may include further referral to the WRIA 9 Steering Committee for
recommendation or amendments thereto.
6.5 The Parties agree that any changes to the Salmon Habitat Plan shall not be forwarded
separately by any Party to any regional, state or federal agency unless the changes have
been approved and ratified as provided herein
7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES.
7.1 Each Party shall be responsible for meeting only its individual obligations hereunder as
established in the annual budget adopted by the WRIA 9 Watershed Forum under this
Agreement, including all such obligations related to the WRIA 9 Watershed Forum and
WRl7i 9 Steering Committee funding, technical support and participation in related
planning and implementation of projects, and activities as set forth herein It is
antics gated that separate actions by the legislative bodies of the Parties will be necessary
from ime to time in order to carry out these obligations.
7.2 The r-iaximum funding responsibilities imposed upon the parties during each year of this
Agreement shall not exceed the amounts that are established annually pursuant to
Section 4 4 herein
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73 No later than September 1 of each year of this Agreement, the WRIA 9 Watershed
Forum shall adopt a budget, including its overhead and administrative costs, for the
following calendar year. The budget shall propose the level of funding and other (e g ,
staffirg) responsibilities of the individual parties for the following calendar year and shall
propose the levels of funding and resources to be allocated to specific prioritized planning
and implementation activities within WRIA 9 The Parties shall thereafter take whatever
separate legislative or other actions as may be necessary to address such individual
responsibilities under the proposed budget, and shall have done so no later than
December 1 of each year Parties may elect to secure grant funding to meet their
individual obligations
7.4 Fun& collected from the Parties or other sources on behalf of the WRIA 9 Watershed
Forum shall be maintained in a special fund by King County as Fiscal Agent and as ex
officic, treasurer on behalf of the WRIA 9 Watershed Forum pursuant to rules and
procedures established and agreed to by the WRIA 9 Watershed Forum. Such rules
and procedures shall set out billing practices and collection procedures and any other
procelures as may be necessary to provide for its efficient administration and operation.
75 Any Farty to this Agreement may inspect and review all records maintained in connection
with such fund at any reasonable time
8. LATECOMEF S. A county or city government in King County lying wholly or partially within the
management area of or with a major interest in WRIA 9 which has not become a Party to this
Agreement within twelve (12) months of the effective date of this Agreement may become a Party
by obtaining written consent of all the Parties to the Agreement The provisions of Section 5
herein othervnse governing decisions of the WRIA 9 Watershed Forum shall not apply to this
section The Parties of the Agreement and any governments seeking to become a Party shall
jointly determ ne the terms and conditions under which a government may become a new Party.
The terms an] conditions shall include payment of an amount by the new Party to the WRIA 9
Watershed Forum. The amount of payment is determined jointly by the existing Parties of the
WRIA 9 Watershed Forum and the new Party. The payment of the new Party is to be a fair and
proportionate share of all costs associated with activities undertaken by the WRIA 9 Watershed
Forum as of the date the government becomes a new Party. Any government that becomes a
Party pursuar t to this section shall thereby assume the general rights and responsibilities of all
other Parties.
9. TERMINATICN.
9.1 The obligations of any Party under this Agreement may be terminated by the Party,
throwjh action of its governing body, only upon sixty(60) days' written notice to the other
Parties by not later than November 1 for termination effective January 1 of the following
year The terminating Party shall remain fully responsible for meeting all of its funding
and other obligations through the end of the calendar year in which such notice is given,
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together with any other costs that may have been incurred on behalf of such terminating
Party up to the effective date of such termination. It is expected that the makeup of the
Partle s to this Agreement may change from time to time. Regardless of any such
chan(les, the Parties choosing not to exercise the right of termination shall each remain
oblig,.ted to only meet their respective share of the obligations of the WRIA 9 Watershed
Foruin as reflected in the annual budget The shares of any terminating Party shall not
be tho obligation of any of the Parties not choosing to exercise the right of termination.
92 This Agreement may be terminated in its entirety at any time by the written agreement of
all of he Parties
10 HOLD HARIV LESS AND INDEMNIFICATION. To the extent permitted by state law as to city
and county governments, and federal law as governing to tribes, and for the limited purposes set
forth in this Agreement, each Party shall protect, defend, hold harmless and indemnify the other
Parties, their officers, elected officials, agents and employees, while acting within the scope of
their employrient as such, from and against any and all claims (including demands, suits,
penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever)
arising out of Dr in any way resulting from such Party's own negligent acts or omissions related to
such Party's participation and obligations under this Agreement Each Party to this Agreement
agrees that i'ti obligations under this subsection extend to any claim, demand and/or cause of
action brough.by or on behalf of any of its employees or agents For this purpose, each Party, by
mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would
otherwise be available against such claims under the industrial insurance act provisions of Title
51 RCW In the event that either Party incurs any judgment, award, and/or cost arising
therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees,
expenses, an i costs shall be recoverable from the responsible Party to the extent of that Party's
culpability. T f e provisions of this Section shall survive and continue to be applicable to Parties
exercising thc. right of termination pursuant to Section 9 herein
11. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume
any responsif illy, risk or liability of any other Party to this Agreement or otherwise with regard to
any Party's d Aties, responsibilities or liabilities under the Endangered Species Act, or any other
act, statute, regulation or ordinance of any local municipality or government, the State of
Washington, or the United States
12. VOLUNTARY AGREEMENT. This Agreement is voluntary and is acknowledged and agreed that
no Party is rommdting to adopt or implement any actions or recommendations that may be
contained in I ie Salmon Habitat Plan.
13 NO PRECLU 31ON OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or
more of the Parties from choosing or agreeing to fund or implement any work, activities or
projects associated with any of the purposes hereunder by separate agreement or action,
WRIA 9 ILA 2007-2015(WRIA 9 Forum recomd,mod 8-24-06 and 10-2-06, legal review complete) Page 10
i
provided that any such decision or agreement shall not impose any funding, participation or other
obligation of; ny kind on any Party which is not a party to such decision or agreement
1 14 NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be
construed to, create any rights in any third party, including without limitation the National Oceanic
and Atmosph anc Administration - Fisheries, United States Fish and Wildlife Service, any agency
or department of the United States, or the State of Washington, or to form the basis for any
liability on this part of the WRIA 9 Watershed Forum or any of the Parties, or their officers,
elected officials, agents and employees, to any third party.
15. AMENDMEN.rS. This Agreement may be amended, altered or clarified only by the unanimous
consent of thr,, Parties to this Agreement, and requires authorization and approval by each Party's
governing body
16 COUNTERPI,RTS. This Agreement may be executed in counterparts.
17. APPROVAL 13Y PARTIES' GOVERNING BODIES. The governing body of each Party must
approve this,-'agreement before any representative of such Party may sign this Agreement.
18. FILING OF AGREEMENT. This Agreement shall be filed by King County in accordance with the
provisions of 12CW 39 34 040 and 200 and with the terms of Section 3 herein.
19 ENTIRE AGREEMENT This Agreement contains the entire Agreement among the Parties, and
supersedes a I prior negotiations, representations, and agreements, oral or otherwise, regarding
the specific terms of this Agreement
IN WITNESS WHERE OF, the Parties hereto have executed this Agreement on the dates indicated below
Approved as to form. CITY OF ALGONA
By By
Title: Title
Date: Date.
i
1
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Approved as to form: CITY OF AUBURN
By By
Title: Title
Date Date:
Approved as to form CITY OF BLACK DIAMOND
By By.
Title- Title
Date Date-
Approved as to form- CITY OF BURIEN
By _ By.
Title Title.
Date Date-
Approved as to form: CITY OF COVINGTON
By By-
Title Title:
Date. Date
WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd, mod.8-24-06 and 10-2-06; legal review complete) Page 12
lApproved as to form. CITY OF DES MOINES
BY BY
Title Title*
Date: Date:
1 Approved as to form: CITY OF ENUMCLAW
BY BY
Title Title.
Date Date-
Approved as to form: CITY OF FEDERAL WAY
BY BY
Title Title:
Date: Date:
Approved as to form: CITY OF KENT
By: By.
Title: Title-
Date: Date:
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Approved as to form, KING COUNTY
By By
Title Title
Date- Date
Approved as to form: CITY OF MAPLE VALLEY
By By
Title: Title:
Date: Date:
Approved as to form: CITY OF NORMANDY PARK
By By.
Title: Title:
Date: Date-
Approved as to form: CITY OF RENTON
By By:
Title: Title-
Date: Date ■
WRIA 9 ILA 2007-2015 WRIA 9 Forum recomd,mod.8-24-06 and 10-2-06, legal review complete) Page 14
Approved as to form: CITY OF SEATAC
By By
Title Title:
Date: Date
IApproved as to form: CITY OF SEATTLE
By: By:
Title: Title:
Date: Date
Approved as to form- CITY OF TACOMA
By, By:
Title Title:
Date: Date
Approved as to form: CITY OF TUKWILA
By: By
Title: Title:
tDate: Date
i
WRIA 9 IIA 2007-2015 WRIA 9 Forum recomd,mod.8-24-06 and 10-2-06;legal review complete) Page 15
Kent City Council Meeting
Date November 7, 2006
Category Consent Calendar
1. SUBJECT: WASHINGTON CENTRAL IMPROVEMENT COMPANY KNOB
HILL ADDITION ALLEY VACATION, RESOLUTION SETTING
PUBLIC HEARING DATE —ADOPT
i
2. SUMMARY STATEMENT: Adopt Resolution No. scheduling a public
hearing for December 12, 2006, for a Street and/or Alley Vacation Application and
Petition, to vacate the south 120 feet of the alley in Block 3, Washington Central
Improvement Company Knob Hill Addition.
3. EXHIBITS: Resolution, Public Works memorandum and vicinity map
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget`' Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6I
i
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Kent, Washington, regarding the vacation of the south
120 feet of the alley in Block 3, Washington Central
Improvement Company Knob Hill Addition, located in the
City of Kent, Washington; and setting the public hearing
on the proposed street vacation for December 12, 2006.
RECITALS
A. A petition, attached as Exhibit A, has been filed to vacate the south
120 feet of the alley in Block 3, Washington Central Improvement Company Knob
Hill Addition in the City of Kent, Washington.
B. The petition is signed by the owners of at least two-thirds of the real
property abutting the south 120 feet of the alley in Block 3, Washington Central
1 Improvement Company Knob Hill Addition of the alley to be vacated.
C. The petition is in all respects proper.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
1 WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. - Public Hearing. A public hearing on the street vacation
petition requesting the vacation of the south 120 feet of the alley in Block 3,
Washington Central Improvement Company Knob Hill Addition, located in Kent,
Washington, shall be held at a regular meeting of the Kent City Council at 7:00
p.m., Tuesday, December 12, 2006, in the Council Chambers of City Hall located at
220 4th Avenue South, Kent, Washington, 98032.
1 South 120'- Block 3-
Alley Vacation
SECTION 2. - Notice. The City Clerk shall give proper notice of the hearing
and cause the notice to be posted as provided by state law, Chapter 35.79 RCW.
SECTION 3. - Information. The Planning Manager shall obtain any other
necessary information from appropriate departments and shall transmit the
information to the Council so that the Council may consider the matter at its
regularly scheduled meeting on December 12, 2006.
SECTION 4. - 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.
SECTION 5. - Ratification. Any act consistent with the authority and prior i
to the effective date of this resolution is hereby ratified and affirmed.
SECTION 6. - 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 November, 2006.
CONCURRED in by the Mayor of the City of Kent this day of Mayor,
2006.
i
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA )ACOBER, CITY CLERK
2 South 120'- Block 3-
Alley Vacation
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.
( BRENDA JACOBER, CITY CLERK
P 1CmMQso1uuo.\STVAC-S I20Fee1B1ock3-PubheHmnng doc
3 South 120'— Block 3—
Alley Vacation
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
I Phone 253-856-5500
K EN T Fax: 253-856-6500
WASHINGTON
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
Date: October 11, 2006
' To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: Monday, October 16, 2006
From: Mike G Ilespie, Development Manager
Through: Larry Elanchard, Public Works Director
Subject: Vacation of Alley in Block 3 of Washington Central Improvement Company
Knob Bill Addition to Kent
ITEM 5
Motion: ■ Required ❑ Not Required ❑ For Information Only
Recommend Council adoption of a resolution setting a public hearing date of
Tuesday, Noveinber 7, 2006 for the alley vacation of the south 120 feet of the
alley in Block 3, Washington Central Improvement Company Knob Hill Addition to
' Kent.
Will document be required?
❑ Ordinance ■ Resolution ❑ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
City code Chgpte_•6.09 Street or Alley Vacation and RCW 35 79 Steets-Vacation
Background/History:
Washington Central Improvement Company Knob Hill Addition to Kent was recorded in 1890 and
lies within the one final town site. All alleys and streets shown on the plat were dedicated for
public use. City records indicate the alley to be unopened. An inspection of the Alley discloses a
drop-off ranging ii height from approximately 7 feet on the west (supported by a cement
bulkhead) to 20 fei:t on the east (supported by a rockery).
Summary:
Application is to vacate the south 120 feet of the alley in Block 3, Washington Central
Improvement Company Knob Hill Addition to Kent The applicant's plan to build a new home,
replacing the existing 1930 residence, requires additional area which would be gained from the
alley vacation. The three ownerships on the North lie 7 to 20 feet below the applicant's parcels.
Recommend atioris:
Recommend that upon satisfaction of staff conditions the City Council pass Ordinance
No* vacating said alley portion.
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:ENT
AUG 2 3 20M PLICANT:
c.ar nERK
CITY OF I,TNT
ADDRESS:
Property Mt nageinent i
' 22)S.4a'AvenueL Ulf
I-€at,WA [120'1) _
PHONE:
3ITREE 'AND/OR ALLEIT VACATION APPLICATION AND PETITION
De ai Mayoi and Kent City Council:
W e,the undersigned abutting property owners,hereby respectfully request that certain �4 Alley
G Street he eby be vacated described as follows(include square feet)
�ecu 5- (lq7_C) n,%
p
"A- An C — C&O-C
MUEF STATEMENT WHY VACATION IS BEING SOUCHT
A "QE R omI ownership and encumbrance report must be obtained from a Title
Cornpai,y and submitted with this application that covers all the abutting properties
coringuiuis to alley or street sough to be vacated. When Corporations,partnerships, etc.
are being signed for, and teen proof of individual's authority to sign for same shall also
be subn fitted.
1 A ttach a color-coded map of a scale of not less than 1"=200' of the area sought for vacation.
(I40TE) Map must correspond with legal description
P UBUTTIIdG PROPERTY OWNERS TAX LOT if
S[GNATURES AND ADDRESSES LOT,BLOCK&PLATISEC TOWN.R.G.
f el t f 11lp3 C�-�`L` (�Z
1:150.00 Fee Paid Treasurer's Receipt No
.Appraisal Fee Paid Treasurer's Receipt No.:
Land Valut,Paid Treasurer's Receipt No.:
j }deed Acceoted Date'
.rade Accepted Date:
i WabLclPtapc,tyl,laugemeuVaryVoms`YMP.mm.�Vmuwrn Appclac
CHICA60 TI77 E INSURANCE COMPANY
7015TH A4 ENUE#]?00,SF U -E,WA 98104 PHONE. (206)62$-%G6
rvc_
IMPORTANT:Thz>is not a Survey_ it is furnished as a couvenicnce to locate the land indicated harcon with
Tef.Teacc to•treets and other land,Nn liab�5ly is assumed by reason of reliance heaeon_
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EXHIBIT "A"
LI;t1AL DESCRIPTION FOR VACATED ALLEYWA7COMPAN�y
I THAT' 'ORRON OF ALLEYWAY IN BLOCK 3 OF AASHINGTON CENTRAL IMPROVEMENTKNOB HILL ADLITJON TO KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN OF
PLATS PAGE 9; RECORDS OF KING COUNTY, WASH/NGTON, OESCRIBED AS FOLLO
t BEGINNING AT -HE SOUTHE4ST CORNER OF LOT 9, SAID BLOCK 3, THENCE N00701'54 E
ALON'(: THE WEiT MARGIN OF SAID ALLEYWAY 11994 FEET TO THE NORTHEAST CORNER OF
.VO OT 12, 1HENCE NS9'57'56E 16.00 FEET TO THE FAST MARGIN OF SAID ALLEYWAY AND
NORI1IWEST CORNER OF SAID LOT 5, THENCE SOO-0154-W ALONG SAID FAST MARGIN 11995
FEET TO THE SOUTHIVF_ST CORNER OF SAID LOI 8,- THENCE N39-5933"W ALONG SAID NORTH
MARL,N 16 00 °EET TO THE POTNF OF BEGINNING
(ALS(; KNOWN AS THAT PORTION OF ALLEYWAY LYING BETWEEN AND ADJACENT TO LOTS 5
THROUGH 8 AN9 LOTS 9 THROUGH 12 INCLUSIVE, BLOCK 3 OF WASHINGTON CENTRAL
IMPROVEMENT COMPANY KNOB HILL ADDITION TO KENr ACCORDING TO THE PLAT THEREOF
RECOPOED IN VOLUME 5 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, WASHINGTON)
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SHEE 2 OF 2 819106
Kent City Council Meeting
Date November 7. 2006
Category Consent Calendar
1. SUBJECT: 138TH PLACE SE STREET VACATION— RESOLUTION
SETTING PUBLIC HEARING DATE — ADOPT
1 2. SUMMARY STATEMENT: Adopt Resolution No. scheduling a public
hearing for December 12, 2006, for a Street and/or Alley Vacation Application and
Petition, to vacate a portion of 138th Place Southeast lying northerly of SE 252nd Place
within the plat of Country Club Village in Volume 171 of plats, pages 99 through 101
inclusive, records of King County, Washington.
I
3. EXHIBITS: Resolution, Public Works memorandum and vicinity map
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure`s No Revenue? No
Currently in the Budget? Yes No
If no
Unbudgeted Expense: Fund Amount S
Unbudgeted Revenue: Fund Amount S
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6J
f
I
I
RESOLUTION NO.
r
r A RESOLUTION of the City Council of the City of
Kent, Washington, regarding the vacation of a portion of
138`h Place Southeast lying northerly of SE 252"d Place
within the plat of Country Club Village in Volume 171 of
plats, pages 99 through 101 inclusive, records of King
County, Washington located in the City of Kent,
Washington; and setting the public hearing on the
proposed street vacation for December 12, 2006.
rRECITALS
A. A petition, attached as Exhibit A, has been filed to vacate a portion
of 138th Place SE in the City of Kent, Washington.
B. The petition is signed by the owners of at least two-thirds of the real
property abutting that portion of 1381h Place SE to be vacated.
iC. The petition is in all respects proper.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
I SECTION 1. - Public Hearing. A public hearing on the street vacation
petition requesting the vacation of a portion of 1381h Place SE, shall be held at a
regular meeting of the Kent City Council at 7:00 p m., Tuesday, December 12,
2006, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent,
Washington, 98032.
r
1 Be Place SE-
Street Vacation
SECTION 2. - Notice. The City Clerk shall give proper notice of the hearing ,
and cause the notice to be posted as provided by state law, Chapter 35.79 RCW.
SECTION 3. - Information. The Planning Manager shall obtain any other
necessary information from appropriate departments and shall transmit the
information to the Council so that the Council may consider the matter at its
regularly scheduled meeting on December 12, 2006.
SECTION 4. - 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.
SECTION 5. - Ratification. Any act consistent with the authority and prior
to the effective date of this resolution is hereby ratified and affirmed.
SECTION 6. - 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 November, 2006.
CONCURRED in by the Mayor of the City of Kent this day of Mayor, t
2006.
SUZETTE COOKE, MAYOR 1�
ATTEST:
BRENDA JACOBER, CITY CLERK
2 138`h Place SE-
Street vacation
1
1
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.
BRENDA )ACOBER, CITY CLERK
P\CtvdUdewlution�STV AC-1 JBthPlaccSE-PublicHzanng doc
1
t
j
1
3 138"`Place SE—
Street Vacation
1
1 PUBLIC WORICS DEPARTMENT
Larry R. Blanchard, Public Works Director
•
'ls� KENT Phone 253-856-5500
WASNINGTON Fax 253-856-6500
Address 220 Fourth Avenue S
Kent, WA 98032-5895
Date: October 12, 2006
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: Monday, October 16, 2006
From: Mike Gillespie, Development Manager
Through: Larry Wancliard, Public Works Director
Subject: Street Vacation 138t" Place SE
ITEM 6
Motion: ■ Required ❑ Not Required ❑ For Information Only
Recommend Council adoption of a resolution setting a public hearing date of November 7,
2006 for the Street Vacation of a portion of 138t" Place SE.
Will document be required?
❑ Ordinance ■Resolution ❑ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ other
1 Governing Policie,; Procedures Rules & Regulations:
City Code Chapter 6.09 Street or Alley Vacation and RCW 35.79 Street-Vacation
Background/History:
138°i Place SE is a 40 foot wide street dedicated in 1994 as a result of King County's platting
process for the plat 3f Country Club Village, Vol. 171 Pages 99-101
Summary:
Pinnacle at Mendi<n LLC, a developer, is seeking vacation of a stub portion of 138t� PI SE in
conjunction with a shod plat application, Stensland SP-2005-22, KIVA 2061944.
Recommendations:
Recommend that upon satisfaction of staff conditions the City Council pass Ordinance
No- vacating said street portion.
P Wub121Adm SuplSvMPWCo...... UgrorrPi ge,kc
O KE ,tUE 27 ; EIVA9: �LSV — Zof?�-5�
W�fMlna ,
Mayor Jim'Nhi CITY OFKENT
CITY CLERK APPLICANT:
MAIL TO: NAME- Pinnacle at Meridian,LLC
CITY OF BENT ADDRESS' 2218 "A" St. SE '
Property Management
( A
220S.eAienue Au-burn, WA 96002
Kent,WA !'8032 '
PRONE: (206)853-4021 Jason
STREET AMWOR ALLEY VACATION APPLICATION AND PETITION
Dear Mayor and:Cent City Council:
We,the undersi&ned abutting property owners,hereby respectfully request that certain ❑Alley
0 Stret t hereby I�e vacated described as follows Cmelude square feet).
THAT 3ORTIOT I OF 135T"PL S.E.DEDICATED BY THE PLAT OF COUNTRY"CLUB
VILLAvE,REC,,)RDED 1N VOLUME 171 OF PLATS,PAGES 99 ITIROUGH 101,
INCLUSIVE,IN KING COUNTY,WASHINGTON,LYING NORTH OF THE EAS`ITRLY
PROLEINGATION OF THE SOUTH LINE OF LOT IS,SAID PLAT
CONT,UNING-,485 SQUARE FEET MORE OR LESS.
BRIEF STATEMENT WHY VACATION IS BEING SOUGHT
A `CURRRn7' ownership and encumbrance report must be obtained from a Title
Company aol submitted with this application that covers all the abutting properties
contiguous to alley or street sough to be vacated. When Corporations, parnuerships,etc
are being srg ied for,and then proof of individual's authority to sign for same shall also
be s ubmitted.
Attach a color-ceded map of a scale of not less than 1"=200' of the area sought for vacation.
(NOTE) Map on rst correspond with legal description.
AUBU ITING PI:OPERTY OWNERS TAX LOT#
SIGNA r` i D ADDRESSES LOT,BLOCK&PLAT/SEC.TOWN.R G.
/ - - 78670-0140,
Paled Dn myov , crauna O aki w
1 20 s 252'M,F:enL wA 980a2 Lot 14,Country Club Village
I K�L�yy�, 1786'10-0150
Al en& 1 ones
21 1 c8"P . A 9SO42 Lot I5,Country Club Village
222205-9077
Wil n2ox
WA 804 Par ofNE'/. SW Y. Sec 22 T-22N R-SE,W M
$150 00 Fee Para Treasurer's Receipt No.:
Appraisal Fee Paid Treasurer's Receipt No.:
Land Value Paid Treasurer's Receipt No.:
Deed rtccepted Date. '
Trade lccepted Date:
ruvaMw sa.n�c�,.u-�tF.•.cnw�m.,w,men.ron.ao�
ABI TTING PROPERTY OWNERS TAX LOT
' SIG MATURE AND ADDRESSES LOT,BLOCK&PLAT/SEC.TOWN.RG.
Paul DnenyoN sz y/ 178670-0140
�\ c Lot 14,Country Club Village,
l Vol.171/99-101
' J na Osmal:iewiez Portion of
138:0 SE 252"d Pl. SE/4.SW Y,See.22,T-22N,R-5E,W M.
Ken,WA 98042
\ � _
Marc Allen Ji nes 178670-0150
Lot 15,Country Club Village,
Vol. 171/99-101
Che yl Ann Ales Portion of
252 5 138"'PI.SE SE'/a,SW V4,See.22,T-22N,R-5E,W M.
Ken-,WA 98042
Wil jam is:Ps pi 222205-9077
292 M 181ST Ave.S Portion of
Ker_t,WA 98042 NE'/,,SW'/.,See.22,T-22N,R-5E,W_M.
STREET VACAT ,
GRAPHC EXFdW
'11
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0
1 92
rsf S
E77
3.F To BE SQUARE VACATED
.y9
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16
2 15 1q' UN 171%S _101
ro co "V-
S.E. 252nd PLPy
,
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0'20'
GT ��„
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LEGEND
g07'j PARCEL 41a.
GRAPWC SCALE
100 0 50 100 50
Lt inch = 100 M ,
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Kent City Council Meeting
Date November 7, 2006
Category Consent Calendar
' 1. SUBJECT: STREET SWEEPING CONTRACT CHANGE ORDER—
AUTHORIZE
2. SUMMARY STATEMENT: Pursuant to the existing contract between the City and
the Street Sweeping contractor, authorize the Mayor to sign Change Order #5 with
McDonough & Sons, Inc for a one-year contract extension and a 2% increase in the
monthly lump sum for the street sweeping contract upon the concurrence of the
language therein by the City Attorney and the Public Works Director
3. EXHIBITS: Public Works memorandum and Change Order#5
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. 6K
' 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: October 16, .:007
' To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: Monday, October 16, 2006
From: Bill Thomas, ;street Superintendent
' Through: Larry Blanch rd, Public Works Director
Subject: Street Sweeping — Change Order
ITEM 7
Motion: ■ Requii ed ❑ Not Required ❑ For Information Only
Recommend authorizing the Mayor to sign the Change Order No. S with McDonough &
Sons, Inc. for a 2% increase in the monthly lump sum for the street sweeping contract
upon the concurrence of the language therein by the City Attorney and the Public Works
Director.
Will document be required?
❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract
❑ Policy Cl SOP's ■ Other: Change Order
Governing Policies Procedures Rules & Regulations:
Background/History:
McDonough & Sons, Inc. has been Contract Sweeping for The City of Kent since March 15C, 2002. The
original Service Agreemi:snt was for 10 months with options to renew each year up to 5 years. We are
' currently trying to exer, ise our 51h and final option for 2007. At this time, given the rising costs of
fuel, dump fees and un:)redlctable rise in next years costs. A 2% increase is the best alternative,
rather than risk higher bids on this Service Agreement if we were to solicit bids for 2007.
1 Summary:
Added fuel costs and deposal fees are driving this 2% increase to the monthly lump sum. There will
be no Unbudgeted Fiscal/Personal Impact to the budget as the funding ($173,260.38) will come from
the 2007 operating budget.
Recommendations:
' Recommendation should be given to the Mayor to sign Change Order #5 allowing us to continue with
this Service Agreement I avoid the possibility of higher costs.
' P IPuVeUdm,#Sup?PM'Co m,ttmL4ch.Paged+
•
KENT
WASHINGTON
' CHANGE ORDER NO. 5
NAME OF CONTRACTOI:, CONSULTANT, OR VENDOR: McDonough & Sons, Inc. ("Contractor")
CONTRACT NAME &PR DJECT NUMBER: Street Sweeping Contract
ORIGINAL CONTRACT DATE: March 1, 2002
This Change Order amends the above-referenced contract; all other provisions of the contract, as
amended, that are not inconsistent with this Change Order shall remain in effect. For valuable consideration
and by mutual consent of the parties, the project contract is modified as follows:
1. Sections 1.1 and 1.3 of the Agreement, entitled "Tenn and Payment," are hereby modified to
amend the term and monthl ✓compensation of the Agreement as follows:
By execution of this Change Order, the parties agree that the term of the
original Agreement is extended for a fifth, additional one-year term through
December it, 2007. The term of the original agreement expired on
December 31, 2002. However, prior to its expiration, the City has exercised
its option four times to extend the Agreement's term through December 31,
2006. This Change Order No. 5 exercises the City's final option to again
extend the Agreement for an additional one-year term.
' In addition, the City agrees to increase the monthly compensation due
Contractor under the Agreement by two (2) percent over the prior year's
rate, which is $283.10 and by an additional $59.10 per month for linear curb
' footage added in 2007 for a total increase of $342.20 and a total monthly
compensation of$14,497.46.
' 2. The amount due Contractor and the tenn for its performance of the Agreement are modified
under the Agreement as fol ows.
Original Con xact Sum, $12,170 monthly
including apl licable alternates and WSST
Net Change 1 y Previous Change Orders $1,985.26 monthly
Oncl. applicable WSST) (increase due to amoral rate increases and added linear
curb footage during prior option terms)
Current Contract Amount $14,155.26 monthly
(ncL Previo?s Change Orders) (from January 1,2006,through December 31,2006)
Current Charge Order $283.10 monthly
(too percent monthly increase)
' $59.10 monthly
(increase due to added linear cm b footage in 2007)
Applicable WSST Tax on this Change Order $0
' CHANGE ORDER NO.5 - Pag t of 2
Revised Contract Sum $14,497.46 monthly
(beginning January 1.2007 through December 31,2007)
Original Timr for Completion December 31, 2002
(insert date)
Revised Completion Date December 31, 2006
Under Prior Change Orders '
Days Required ± for this Change Order 365 calendar days
Revised Timm for Completion December 31,2007
(insert date)
The extension through December 31, 2007, shall be conditioned upon the City Council's allocation of sufficient
funds for Contractor's servit;es in the 2007 budget.
The parties whose names appear below swear under penalty of perjury that they are authorized to enter '
into this contract modification, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Agreement, which will become effective on the
last date written below.
CONTRACTOR: CITY OF KENT:
By: By: '
(sigeatui e� (stgnalure)
Print Name: Print Name: Susette Cooke
Its Its Mayor
(Title) (Titre)
DATE: DATE:
APPROVED AS TO FORM:
Kent City Attorney
P Opetattons\P WOpsContracts\StreetNM Donough&SonsStreetSweepmgContractChangeOt der5(10-1 I) '
CHANGE ORDER NO. 5-Pagt 2 of 2 '
1
Kent City Council Meeting
Date November 7, 2006
Category Consent Calendar
' 1. SUBJECT: 2007 BUDGET AND CAPITAL IMPROVEMENT PLAN— SET
SECOND PUBLIC HEARING DATES
' 2. SUMMARY STATEMENT: Set November 21, 2006, for the second public
hearing on the 2007 Budget and 2007-2012 Capital Improvement Plan The Capital
Improvement Plan is also incorporated as an amendment to the Capital Facilities
Element of the Kent Comprehensive Plan. Public input is welcome
3. EXHIBITS: None
' 4. RECOMMENDED BY: Finance 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
1
DISCUSSION:
ACTION:
' Council Agenda
Item No. 6L
Kent City Council Meeting
Date November 7, 2006
' Category Consent Calendar
' 1. SUBJECT: 2006 TAX LEVY FOR 2007 BUDGET— SET PUBLIC HEARING
DATE
2. SUMMARY STATEMENT: Set November 21, 2006, as the public hearing date for
the 2006 Tax Levy for the 2007 budget Public input is desired and welcomed.
' 3. EXHIBITS: None
4. RECOMMENDED BY: Finance 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. 6M
Kent City Council Meeting
Date November 7, 2006
Category Consent Calendar
1. SUBJECT: KENT COMPREHENSIVE PLAN AND KENT CITY CODE
CHAPTER 12.13, SCHOOL DISTRICTS CAPITAL FACILITIES
PLANS AND 2007-2012 CAPITAL IMPROVEMENT PLAN— SET
PUBLIC HEARING DATES
2. SUMMARY STATEMENT: Set November 21, 2006, as the date for a public
hearing to consider amendment of the Capital Facilities Element of the Kent
Comprehensive Plan and amendment of Chapter 12.13 of the Kent City Code to
incorporate the updated Capital Facilities Plans of the Auburn, Kent, and Federal Way
School Districts, and changes to adopted school impact fees.
3. EXHIBITS: Staff memo 10/30/06
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
1 Item No 6N
COMMUNITY DEVELOPMENT
Fred N Satterstrom, AiCP, Director
PLANNING SERVICES
KENT Charlene 4nderson,A[CP,Manager
WASHINGTON
Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
October 30, 2006
To: Mayor Suzette Cooke, Council President Deborah Ranmger and City Council
Members
From: Charlene Anderson, AICP, Planning Manager
Subject: Comprehensive Plan/Capital Facilities Element Amendment and Update to
Chapter 12.13 Kent City Code—Set Hearing Date
MOTION: Set November 21, 2006 as the date for a public hearing to consider amendment of
the Capital Facilities Element of the Kent Comprehensive Plan and amendment of Chapter
12 13 Kent City Code to incorporate updated Capital Facilities Plans of the Auburn, Kent and
Federal Way School Districts, and changes to adopted school impact fees
SUMMARY: Kent City Code authorizes school impact fees on behalf of any school district
which provides to the City a capital facilities plan, the plan is adopted by reference as part of the
Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to
submit for annual Council review their updated capital facilities plans. The City Council holds
the public hearing on the school district plans at the same time as the public hearing for the
budget, i e., November 21, 2006 The Auburn, Kent and Federal Way School Districts have
submitted updated Capital Facilities Plans for Council review and consideration. The City of
Kent 6-year Capital Improvement Program being considered on the same date also will update
the Capital Facilities Element of the Comprehensive Plan
BUDGET IMPACT: None
BACKGROUND: One of the planning goals under the Growth Management Act (RCW
36 70A 020) is to ensure that those public facilities and services necessary to support
development are adequate and timely to serve the development without decreasing current
service levels below minimum standards The Act (RCW 36 70A 070) also requires the Capital
Facilities Element of the Kent Comprehensive Plan to inventory existing capital facilities,
forecast future needs and provide for financing of those facilities RCW 82 02 050 authorizes
cities planning under the Growth Management Act to impose impact fees on development
activity as part of the financing for public facilities needed to serve new growth and
development As a result, KCC 12 13 080 authorizes school impact fees on behalf of any school
district which provides to the City a capital facilities plan, the plan is adopted by reference as
part of the Capital Facilities Element of the Kent Comprehensive Plan The school districts are
required to submit for annual Council review their updated capital facilities plans (KCC
12.13.060 & 070)
The Auburn, Kent and Federal Way School Districts propose amendment of the Kent
Comprehensive Plan and Kent City Code Chapter 12.13 to reflect changes to impact fees
resulting from new student population generated by new single family and multifamily
residential development. The updated plans include an inventory of existing facilities, existing
facility needs, expected future facility requirements, and expected funding
The Kent School District proposes to increase their existing school impact fees for single family
units from $4,775 to $4.928 (an increase of S153 or 3.2%) and for multifamily units from $2,940
to $3,034 (an increase of$94 or 32%)
The Federal Way School District proposes to decrease their existing school impact fees for single
family units from $3,393 to $3,018 (a decrease of $375 or 11 1%) and decrease their fees for
multifamily units from S895 to $856 (a decrease of S39 or 4.4%)
The Auburn School District proposes to decrease their existing school impact fees for single
family units from $5,681.36 to $5,657 05 (a decrease of$24.31 or 0 4%) and decrease their fees
for multifamily units from $1,536.30 to $1,228.84 (a decrease of S307 46 or 20%) The only
area in Kent where Auburn School District's impact fees are applied is the impoundment
reservoir site.
CAlpm S IPermulPlanICOMP_PLAN AMENDMENTSI20061CPA-2006-3_CapFacPlan_SchlDistncts icap/acdrnea_set_hearingl l a706 doc
cc Fred N Satterstrom,AICP,CD Director
Charlene Anderson, AICP,Planning Manager
Panics of Record
Project Files
CPA-2005-1/KIVA#2051292
11/01/05 City Council Meeting
Page 2 of 2
Kent City Council Meeting
Date November 7, 2006
Category Consent Calendar
1. SUBJECT: CEDAR POINTE REZONE DECISION RESOLUTION—ADOPT
(QUASI-JUDICIAL)
2. SUMMARY STATEMENT: Adopt Resolution No. affirming the vote
taken on October 17, 2006, which denied the rezone application for properties located
at 25213, 25401 and 25231 1361h Avenue Southeast from Single-Family Residential,
4.5 units per acre, to Single-Family Residential, 6 units per acre The October 17 vote
was 5 in favor, with Councilmember O'Brien opposed and Councilmember Ranniger
not in attendance at that meeting.
3. EXHIBITS: Resolution
4. RECOMMENDED BY: City Council
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditures No Revenue? No
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 60
j
1
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Kent, Washington, denying the rezone application for
property located at 25213, 25401 and 25231 136th
Avenue Southeast from SR-4.5 (Single-Family
Residential, 4.5 units per acre) to SR-6 (Single-Family
Residential, 6 units per acre). (Cedar Pointe Rezone,
#RZ-2006-1).
RECITALS
A. An application was filed on January 12, 2006, to rezone
approximately 5.7 acres of property located at 25213, 25401 and 25231 136th
Avenue Southeast in Kent, Washington, from the current zoning of SR-4.5 (Single-
Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units
per acre). (Cedar Pointe Rezone, #RZ-2006-1).
B. A public hearing on the rezone was held before the hearing
examiner on September 6, 2006. On September 20, 2006, the hearing examiner
issued findings and conclusions and recommended approval of the rezone.
C. Having reviewed the record before it on the matter, the Kent City
Council denied the Cedar Pointe Rezone on October 17, 2006. The Council found
that the evidence presented in the record showed that the proposed SR-6 zoning
Iwas incompatible with development in the vicinity.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. — Incorporation of Recitals. The preceding recitals are
incorporated herein.
1 CEDAR POINTE REZONE-
DENIAL
SECTION 2. - Rezone. The Kent City Council denies the Cedar Point
rezone application. The application does not satisfy the criteria established in Kent
City Code 15.09.050(C). Council discussed a number of the criteria at its meeting
on October 17th, however, the basis for the Council's decision was disagreement
with the hearing examiner's conclusion that the proposed rezone and subsequent
development of the site would be compatible with development in the vicinity.
While land uses in the vicinity consist of varying densities of single family
residential development, most of the real property in the vicinity is zoned SR-4.5.
The increase in density caused by a rezone from SR-4.5 to SR-6 would not be
compatible with development in the surrounding area.
The current zoning designation of SR-4.5 is consistent with the city's
comprehensive plan goals and policies. It establishes an adequate land density to
accommodate the city's adopted twenty (20) year housing target, and provides an
urban residential density of at least four units per acre in order to adequately
support urban densities.
SECTION 3. - 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.
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 2006. '
CONCURRED in by the Mayor of the City of Kent this day of
2006.
SUZETTE COOKE, MAYOR
2 CEDAR POINTE REZONE-
DENIAL
I
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.
IBRENDA JACOBER, CITY CLERK
P\Civil\Resolution\CedarPomt-RezoneDenlal doc
3 CEDAR POINTE REZONE-
DENIAL
1
Kent City Council Meeting
Date November 7, 2006
Category Consent Calendar
1. SUBJECT: RUST REZONE DECISION RESOLUTION—ADOPT
(QUASI-JUDICIAL)
2. SUMMARY STATEMENT: Adopt Resolution No. affirming the vote
taken on October 17, 2006, which denied the rezone application for property located at
12722 SE 256`h Street from Single-Family Residential, 4 5 units per acre, to Single-
Family Residential, 6 units per acre. The October 17 vote was 5 in favor, with
Councilmember O'Brien opposed and Councilmember Ranniger not in attendance at
that meeting.
r
3. EXHIBITS: Resolution
4. RECOMMENDED BY: City Council
(Committee, Staff, Examiner, Commission, etc.)
i5 FISCAL IMPACT
Expenditure" No Revenue? No
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6 CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
r
DISCUSSION:
ACTION:
Council Agenda
Item No 6P
IRESOLUTION NO.
A RESOLUTION of the City Council of the City of
Kent, Washington, denying the rezone application for
property located at 12722 SE 256th Street from SR-4.5
(Single-Family Residential, 4.5 units per acre) to SR-6
(Single-Family Residential, 6 units per acre). (Rust
Rezone, #RZ-2006-8.
RECITALS
A. An application was filed on May 3, 2006, to rezone approximately
j .86 acres of property located at 12722 SE 256th Street in Kent, Washington, from
the current zoning of SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR-
6 (Single-Family Residential, 6 units per acre). (Rust Rezone, #RZ-2006-8).
B. A public hearing on the rezone was held before the hearing
examiner on September 6, 2006. On September 20, 2006, the hearing examiner
issued findings and conclusions and recommended approval of the rezone.
C. Having reviewed the record before it on the matter, the Kent City
Council denied the Rust Rezone on October 17, 2006. The Council found that the
evidence presented in the record showed that the proposed SR-6 zoning was
incompatible with development in the vicinity.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. - Incorporation of Recitals. The preceding recitals are
incorporated herein.
i
1 RUST REZONE-
DENIAL
SECTION 2. - Rezone. The Kent City Council denies the Rust rezone
application. The application does not satisfy the criteria established in Kent City
Code 15.09.050(C). Council discussed a number of the criteria at its meeting on
October 17`h, however, the basis for the Council's decision was disagreement with
the hearing examiner's conclusion that the proposed rezone and subsequent
development of the site would be compatible with development in the vicinity
While land uses in the vicinity consist of varying densities of single family
residential development, most of the real property in the vicinity is zoned SR-4.5.
Specifically, property adjacent to the subject site on the north, east, and west are
zoned SR-4.5. The increase in density caused by a rezone from SR-4.5 to SR-6
would not be compatible with development in the surrounding area.
The current zoning designation of SR-4.5 is consistent with the city's
comprehensive plan goals and policies. It establishes an adequate land density to
accommodate the city's adopted twenty (20) year housing target, and provides an ,
urban residential density of at least four units per acre in order to adequately
support urban densities.
SECTION 3. - Severabdity. 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 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 2006.
CONCURRED in by the Mayor of the City of Kent this day of
2006.
SUZETTE COOKE, MAYOR
2 RUST REZONE-
DENIAL
i
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.
BRENDA JACOBER, CITY CLERK
P\Civil\Resolution\Rust-RezoneDenial doc
3 RUST REZONE-
DENIAL
iKent City Council Meeting
Date November 7, 2006
Category Consent Calendar
1. SUBJECT: SMITH STREET IMPROVEMENTS —ACCEPT AS COMPLETE
2. SUMMARY STATEMENT: Accept the Smith Street Improvements as complete
and release retamage to R.W. Scott Construction upon receipt of standard releases from
the state and release of any liens. The original contact amount was $2,477,448.44. The
final contract amount was $2,512 170.87.
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 $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
jCouncil Agenda
Item No 6Q
f
Kent City Council Meeting
Date November 7, 2006
Category Consent Calendar
1. SUBJECT: MUTH COMPREHENSIVE PLAN AND ZONING MAP
AMENDMENT ORDINANCE —ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. relating to the Muth
Comprehensive Plan Amendment, CPA-2006-2, which amends the comprehensive plan
land use designations from Agricultural Resource Land to a land use designation of
Urban Separator (US), and changes the zoning map from a zoning designation of
Agricultural, 1 unit per 10 acres, to a zoning designation of Single Family Residential,
1 unit per acre, (CPZ-2006-1), for the property located at 21320— 42nd Avenue South.
3. EXHIBITS: Ordinance with attached exhibits
4. RECOMMENDED BY: Planning & Economic Development
(Committee, Staff, Examiner, Commission, etc.)
t5. FISCAL IMPACT
Expenditure's 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 6R
i
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending the Kent Zoning Map to
change the zoning designation from Agricultural, 10
acres per unit (AG-10) to a zoning designation of Single
Family Residential, 1 unit per acre (SR-1), (CPZ-2006-
1); and amending the City of Kent Comprehensive Plan
to change the land use designation from Agricultural
Resource Land (AG-R) to a land use designation Urban
Separator (US) (CPA-2006-2) for property located at
21320 - 42nd Avenue South.
IRECITALS
A. The city of Kent received an application from Silver Oaks LLC to
amend the comprehensive plan's land use map designation and amend the zoning
map designation of the property located at 21320 - 42nd Avenue South (CPZ-
2006-1 and CPA-2006-2), hereafter the 'Muth Amendments". The Kent city
council adopted Resolution 1720 declaring that an emergency exists and
authorizing staff to process the proposed amendment to the comprehensive plan
outside of the annual amendment process.
B. Subsequent to filing the application, the development rights for
this parcel have been purchased back from King County and the city of Kent has
accepted the deed to the parcel from the applicant. As the owner of the parcel,
the city has entered into an agreement whereby Silver Oaks LLC will construct on
the upland portion of the property a storm detention facility and the remainder of
the parcel will be used for enhancement of Johnson Creek and its associated
wetland and buffer.
C. The city of Kent Land Use & Planning Board held a public hearing
1 Muth Zoning/Land Use Main
Amendment
on the Muth Amendments on September 25, 2006. The Planning and Economic
Development Committee considered the application at its meeting on October 16,
2006. The Committee made the following recommendations. amendment of the
city of Kent's zoning map designation to Single Family Residential, 1 unit per acre
(SR-1) for CPZ-2006-1, and amendment to the City of Kent's land use map
designation to Urban Separator (US) for CPA-2006-2.
D. On September 18, 2006, the city's SEPA responsible official adopted
a existing environmental documents consisting of the City of Kent Comprehensive
Plan Environmental Impact Statement (ENV-93-51) and SEPA Addendum dated
November 15, 2004 (ENV-2004-53(A-D)). The SEPA Addendum explained that the
Muth Amendments would not create unavoidable impacts beyond those previously
identified in the EIS.
E. On August 29, 2006, the city provided the required sixty (60) day
notification under RCW 36.70A.106 to the state of Washington of the Muth
Amendments. The sixty (60) day notice period has lapsed.
F. The Muth Amendments are consistent with the standards of review
for zoning amendments in section 15.09.050(C) of the Kent City Code (KCC), and
with the stand of review for comprehensive plan amendments in KCC section
12.02.050.
G. On November 7, 2006, the Kent City Council made the following
decisions on the Muth Amendments:
1. Approve a zoning designation amendment from Agricultural,
10 acres per unit (AG-10) to a zoning designation of Single Family
Residential, 1 unit per acre (SR-1), as depicted on the map
attached and incorporated as Exhibit "A," (CPZ-2006-1).
2. Approve a comprehensive plan amendment from a land use
designation of Agricultural Resource Land (AG-R) to a land use
designation of Urban Separator (US), as depicted on the map '
attached as Exhibit "B" and incorporated by this reference (CPA-
2006-2).
2 Muth Zoning/Land Use Map—
Amendment
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS.
ORDINANCE
SECTION 1. - Incorporation of Recitals. The preceding recitals are
incorporated herein.
SECTION 2. - Amendment. The city of Kent zoning map is amended to
establish a new zoning map designation for the property located at 21320 - 42nd
Avenue South, Kent, Washington, and legally described on the attached and
incorporated Exhibit "C." The amendment is from a zoning designation of
Agricultural, 10 acres per unit (AG-10) to a zoning designation of Single Family
I Residential, 1 unit per acre (SR-1), as depicted in the map attached and
incorporated as Exhibit "A."
SECTION 3. - Amendment. The city of Kent comprehensive plan by is
amended to establish new land use designations for the property located at 21320
- 42nd Avenue South, Kent, Washington, and legally described on the attached
and incorporated Exhibit"C". The amendments is from a land use designation of
Agricultural Resource Land (AG-R) to Urban Separator (US)as depicted on the
map attached as Exhibit "B" and incorporated by this reference (CPA-2006-2).
SECTION 4. - Severability. If any one or more sections, 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 5. - Effective Date. This Ordinance shall take effect and be in
force thirty (30) days from and after the date of passage and publication as
provided by law.
SUZETTE COOKE, MAYOR
3 Muth Zoning/Land Use Map-
Amendment
1
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of November, 2006.
APPROVED: day of November, 2006.
PUBLISHED: day of November, 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\Muth-Zoning-LandUseAmend doc
4 Muth Zoning/Land Use Map—
Amendment
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EXHIBIT "C"
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
iportion lying within 42'a 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. 212" St.) by
deeds recorded under# 5975361 and 5975362, records of King County,
Washington
I � .
i
t
I
Kent City Council Meeting
Date November 7, 2006
Category Consent Calendar
1. SUBJECT: KENT BICYCLE ADVISORY BOARD APPOINTMENT —
CONFIRM
2. SUMMARY STATEMENT: Confirm the Mayor's appointment of Scott Gibbons
to serve as a member of the Kent Bicycle Advisory Board. Mr. Gibbons is a Kent
resident and is employed at the REI headquarters in Kent. He is an active participant in
recreational cycling, commuting via bike, and a stakeholder in the future of bike trails
and the development of further cycling opportunities within our community.
Mr. Gibbons will replace Jacob Grob, whose term expired, and Mr. Gibbons' new
Iappointment will continue until 12/31/07.
3. EXHIBITS: Memorandum
4. RECOMMENDED BY: Mayor Cooke
(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 6S
OFFICE OF THE MAYOR
Suzette Cooke, Mayor
Phone 253-856-5700
Fax 253-856-6700
Address: 220 Fourth Avenue S
KENO TT Kent,WA 98032-5895
WASNIMOTOM
TO: Deborah Ranniger, Council President
City Council Members
1 FROM: Suzette Cooke, Mayor
DATE: Oct. 25, 2006
RE: Appointment to Kent Bicycle Advisory Board
I have appointed Scott Gibbons to serve as a member of the Kent Bicycle Advisory Board. Mr.
Gibbons is a Kent resident and is employed at the REI headquarters in Kent. He is an active
participant in recreational cycling, commuting via bike, and a stakeholder in the future of bike
trails and the development of further cycling opportunities within our community.
Mr. Gibbons will replace Jacob Grob, whose term expired, and his new term will continue until
12/3 l/07.
I submit this for your confirmation.
jb
Kent City Council Meeting
Date November 7, 2006
Category Consent Calendar
1. SUBJECT: VALLEY CITIES WIRELESS INTERLOCAL & CONSULTING
SERVICES AGREEMENT — AUTHORIZE
2. SUMMARY STATEMENT: Authorize the mayor to execute the Wireless Department
of Justice / COPS More Grant mterlocal Agreement and the Consulting Services Agreement
with CBG Communication, Inc.
1 The grant mterlocal agreement establishes a cooperative effort between the cities of Algona,
Auburn, Fife, Kent, Pacific, Puyallup, Renton, Sumner, and Tukwila to use approximately
$98,723 in grant funds which were secured with the assistance of Representative Adam Smith.
The grant requires that the funds be used to support planning and implementation of wireless
systems (including fiber transports) and support interoperability between jurisdictions
particularly as related to public safety While the grant funds will be received and admin-
istered by the city of Auburn, the city of Kent will incur a $1,500 expense related to mailing
costs for a residential survey The Consultant Services Agreement retains the services of CBG
Communication, Inc to assist the mterlocal cities with the development of a strategic plan for
use and deployment of the cooperative project
This matter will proceed before the Operations Committee the same night it is presented to the
full Council for consideration
3. EXHIBITS: Copy of memo to Operations Committee, Iterlocal agreement, and
agreement for Consulting Services with CBG Communication, Inc.
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
t5. 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. 6T
1
INFORMATION TECHNOLOGY
Mike Carrington, Director
Phone 253-856-4600
Fax 253-856-4700
KENT
Address 220 Fourth Ave South
INFORMATION Kent, Wa 98032-5895
TECHNOLOGY
DATE: November 7, 2006
TO City Council Operations Committee
FROM' Mike Carrington, Information Technology Director
SUBJECT: Wireless Interlocal & CBG Consulting Services Agreement
MOTION: I move to recommend that the Operations Committee and City Council
authorize the Mayor to execute the Wireless Department of Justice/COPS More Grant
Interlocal and associated CBG Consulting Services Agreement.
SUMMARY-
Kent City involvement is in cooperation, acceptance, and material use of a Department of
Justice / COPS More Grant award in the amount of$98,723 This grant was secured by
Representative Adam Smith with the condition that it be used to support planning and
implementation of wireless systems (including fiber transports) and support
interoperability between Jurisdictions particularly as related to public safety.
The Valley Cities Technology Group that meets regularly regarding this project
recommended that approximately 50% of the grant money be used to hire CBG
Consulting to assist with development of a strategic plan for use and deployment of fiber
and wireless throughout the Valley Cities.
CBG has extensive experience in performing a variety of telecommunications, cable
television, technology review, assessment, analysis, survey, negotiating with industry
providers, meeting and working with local elected and appointed officials, staff
personnel, facilitating the activities of advisory committees (that include both public and
private sector representatives) and making presentations to City and County Councils,
Commissions and Boards Additionally, the principals are very knowledgeable about and
stay current on governmental issues and regulatory matters CBG is currently engaged to
similar projects for the Rainier Communications Commission in Pierce County along
with Eastside cities including Bellevue.
' The scope of work which would take approximately six months includes the following-
Strategic Plan for Valley Cities using CBG Consulting Group—approximately $40,000
➢ Development of a strategic plan to meet community and public agency needs
through potential uses of fiber optic and wireless broadband infrastructure and
services
mcarnngion Page 1 100112006
C\Documents and Settmgs\msimmons\Local Settings\Temporary Internet FiesOLOA0006 Wireless Interlocal Council Ops Memo doc
➢ Determine the specific operational relationship between a new fiber/wireless
broadband network and the current local governments-owned emergency
communications and wide area networks
➢ Preparation and analysis of a mail-out residential survey
➢ Assist the Valley Cities leadership in determining goals for a new
fiber/wireless broadband network (such as uses and potential income/revenue
models)
Based on strategic plan results, the Valley City Technology Group will evaluate solutions
that would meet interoperabihty needs and develop a recommendation to use the
remaining grant to fund a pilot project implementing interoperabihty between
jurisdictions allowing public safety officers to connect to their"home" computer
networks from another Valley City network
BUDGET IMPACT: Project costs for the scope of work outlined in this initiative can
be found in the table below and will be covered by existing Information Technology
budget allocations.
Project Component Cost Estimate
Survey Mailing Costs — Kent $1,545
Projected Total: $1,545
BACKGROUND:
This project supports two of the City of Kent 2006 Strategic Goals:
1.) Creating a Nexus for Medical/Health/Jobs and Technology,
2.) Facilitating Community & Business Access to Information and Services
Although this project is an important and critical component of creating an overarching
extended community broadband and telecommunications strategy, it is considered to be
one major aspect of a two pronged approach In conjunction with the Wireless Interlocal
project Kent's Information Technology Department will continue to plan for and execute
against an emerging Kent Connected Community program. This initiative will ensure
that Kent's specific broadband and telecommunications interests are covered ensuring ,
that our citizens, businesses, and government are positioned well heading into the future
as a member of the global community
2007 will be spent working in parallel on the objectives outlined in the Wireless
Interlocal Agreement along with strategic planning and potential implementations for
Kent's Connected Community Initiative.
ATTACHMENTS: '
1. Wireless Department of Justice/COPS More Grant Interlocal Agreement
2. Wireless Interlocal CBG Consulting Services Agreement
a. Agreement for Consulting Services
b. SOW - Scope Of Work
mcarnngton Page 2 1013112006
C\Documents and Settingslmsimmons\Local Settings\Temporary Internet Flles\OLOA4\2006 Wireless Interlocal Council Ops Memo clot
r
r
INTERLOCAL AGREEMENT AMONG GREEN RIVER, WHITE
RIVER AND PUYALLUP RIVER VALLEY CITIES FOR
COOPERATION IN ACCEPTANCE AND USE OF DEPARTMENT
OF JUSTICE / COPS MORE GRANT
rTHIS INTERLOCAL AGREEMENT made and entered into pursuant to the
interlocal cooperation act, chapter 39 34 of the Revised Code of Washington on this
day of , 2006, by and between the cities of Algona, Auburn,
Fife, Kent, Pacific, Puyallup, Renton, Sumner, and Tukwila each municipal corporations
of the State of Washington
iWHEREAS, for the last number of years, there has been a greater interaction
between the cities of Algona, Auburn, Fife, Kent, Pacific, Puyallup, Renton, Sumner, and
Tukwila, relative to a number of different issues with which they each contend, and on
which they have very similar common or very similar positions, and
WHEREAS, one of those issues is law enforcement, and
WHEREAS, in order to more effectively address law enforcement needs of the
cities, they have joined together in seeking monies to enhance their law enforcement
needs, and have worked with congressman Adam Smith in becoming eligible to receive
grant funds in the amount of ninety eight thousand seven hundred and twenty three
dollars and no/100 ($98,723 00), and
WHEREAS, in order to receive those funds and utilize them in support of their common
and cooperative needs, the parties have reached agreement in connection therewith
rNOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS,
CONDITIONS, PROMISES AND BENEFITS HEREIN, THE PARTIES HERETO
HEREBY AGREE as follows
1 RECEIPT OF GRANT FUNDS
Each of the cities, as parties hereto, agree to work cooperatively towards the
expenditure of the grant funds received from the Department of Justice / Cops More
Grant, in the total dollar amount of ninety eight thousand seven hundred and twenty
three dollars and no/100 ($98,723 00) which funds shall be received by the City of
rAuburn for and on behalf of the parties hereto and which shall be used for the following
Development of a strategic plan to meet community and public agency
needs through potential uses of fiber optic and wireless broadband infrastructure
and services
Determine the specific operational relationship between a new wire-
line/wireless broadband network and the current local government-owned
emergency communications and wide area networks
Implement a prototype network that demonstrates interoperability by
securely allowing police computer systems from one jurisdiction to route through
another jurisdictions wireless network back to their home agency
DEPARTMENT OF JUSTICE/COPS MORE GRANT Page 1
Other wireless network components and or services that will allow
interoperability between public safety entities in the Valley Cities region
2 DESIGNATED REPRESENTATIVES
The Mayor or designee of each of the cities hereto shall be designated as each
cities representative to meet, confer, evaluate and administer expenditure proposals in
connection with the Department of Justice / Cops More Grant Funds The Mayors or
designees shall meet as warranted at dates and times determined by them to be most
convenient They are also empowered to designate, identify and develop procedures
and processes for their interaction in connection with the administration and use of said
grant funds
3. INSURANCE
Each of the cities hereto shall be responsible for maintaining, during the term of
this agreement, and at its sole costs and expenses, insurance coverage in amounts
determined to be sufficient, as determined by the Mayors or their designees
4 INDEMNIFICATION
Each city shall indemnify and hold the other cities, their agents, employees and
officers harmless from and shall defend at its own expense all claims, damages, suits, at
law or equity, actions, penalties, losses, damages or costs of any kind or nature brought
against these cities or any of them, in connection with actions of the individual city
responsible for indemnifying, defending and holding harmless Any liabilities, claims,
actions, penalties, etc , stemming from the actions of multiple cities shall be addressed
through cooperative efforts of the Chief Administrative Officer of each city or their
designees
5 WAIVER OF SUBROGATION
The cities hereby mutually release each other from liability and waive all rights of
recovery against each other for any losses by fire or other peril which can be insured
against under fire insurance contracts including extended coverage endorsements which
are customarily available from time to time in the State of Washington. '
6 COMPLIANCE WITH REGULATIONS AND LAWS
The parties shall comply with all applicable rules and regulations pertaining to them
in connection with the matters covered herein
7 ASSIGNMENT
The parties shall not assign this Agreement or any interest, obligation or duty
therein without the express written consent of the other party
8 ATTORNEYS' FEES
If either party shall be required to bring any action to enforce any provision of this
Agreement, or shall be required to defend any action brought by the other party with
respect to this Agreement, and in the further event that one party shall substantially prevail '
in such action, the losing party shall, in addition to all other payments required therein, pay
all of the prevailing party's reasonable costs in connection with such action, including such
sums as the court or courts may adjudge reasonable as attorney's fees in the trial court and
in any appellate courts
DEPARTMENT OF JUSTICE/COPS MORE GRANT Page 2
9 NOTICES
All notices and payments hereunder may be delivered or mailed If mailed, they
shall be sent to the following respective addresses
CITY OF AUBURN CITY OF ALGONA
(name) (name)
(address) (address)
(address) (address)
(phone number) (phone number)
(Fax number) (Fax number)
CITY OF FIFE CITY OF KENT
(name) (name)
(address) (address)
(address) (address)
(phone number) (phone number)
(Fax number) (Fax number)
CITY OF PACIFIC CITY OF PUYALLUP
(name) (name)
(address) (address)
(address) (address)
(phone number) (phone number)
(Fax number) (Fax number)
CITY OF RENTON CITY OF SUMNER
(name) (name)
(address) (address)
(address) (address)
(phone number) (phone number)
(Fax number) (Fax number)
CITY OF TUKWILA
(name)
(address)
(address)
(phone number)
(Fax number)
or to such other respective addresses as either party hereto may hereafter from time to
time designate in writing All notices and payments mailed by regular post (including first
class) shall be deemed to have been given on the second business day following the date
of mailing, if properly mailed and addressed Notices and payments sent by certified or
registered mail shall be deemed to have been given on the day next following the date of
mailing, if properly mailed and addressed For all types of mail, the postmark affixed by the
United States Postal Service shall be conclusive evidence of the date of mailing
10. NONDISCRIMINATION
Each of the parties, for itself, its heirs, personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant and
' agree that it will comply with pertinent statutes, Executive Orders and such rules as are
promulgated to assure that no person shall, on the grounds of race, creed, color, national
DEPARTMENT OF JUSTICE/COPS MORE GRANT Page 3
origin, sex, age, or the presence of any sensory, mental or physical handicap be
discriminated against or receive discriminatory treatment by reason thereof
11 MISCELLANEOUS
A All of the covenants, conditions and agreements in this Agreement shall
extend to and bind the legal successors and assigns of the parties hereto
B This Agreement shall be deemed to be made and construed in accordance
with the laws of the State of Washington jurisdiction and venue for any action arising out of
this Agreement shall be in of the county in Washington State in which the property or
project is located, and if not site specific, then in King County, Washington
C The captions in this Agreement are for convenience only and do not in any
way limit or amplify the provisions of this Agreement.
D The duration of this Agreement shall be for or for the period of time it ,
reasonably takes for the performances by the parties as completed herein
E Unless otherwise specifically provided herein, no separate legal entity is ,
created hereby, as each of the parties is contracting in its capacity as a municipal
corporation of the State of Washington The identity of the parties hereto is as set forth
hereinabove
F The purpose of this Agreement is to accomplish the objectives of this
Agreement
G The funding of the respective obligations of the parties shall be out of the
respective general funds/current expenses of the parties, except as otherwise specifically
provided
H The performances of the duties of the parties provided hereby shall be done
in accordance with standard operating procedures and customary practices of the parties
I Unless a joint oversight and administration board is created as provided '
herein, the oversight and administration of the Agreement shall be by the respective named
representatives identified in Paragraphs 2 and/or 9 hereof, or their designees
J Unless otherwise specifically provided herein, any real property to be held in i
connection herewith, if applicable, shall be held as the separate property of the party or
parties in whose name(s)the property is/was acquired
K No provision of this Agreement shall relieve either party of its public agency
obligations and or responsibilities imposed by law
L. If any term or provision of this Agreement or the application thereof to any
person or circumstance shall, to any extent, be held to be invalid or unenforceable by a final
decision of any court having jurisdiction on the matter, the remainder of this Agreement or
the application of such term or provision to persons or circumstances other than those as to
which it is held invalid or unenforceable shall not be affected thereby and shall continue in
full force and effect, unless such court determines that such invalidity or unenforceability
DEPARTMENT OF JUSTICE/COPS MORE GRANT Page 4
tmaterially interferes with or defeats the purposes hereof, at which time the City shall have
the right to terminate the Agreement
M This Agreement constitutes the entire agreement between the parties
There are no terms, obligations, covenants or conditions other than those contained herein
No modifications or amendments of this Agreement shall be valid or effective unless
evidenced by an agreement in writing signed by both parties
N Copies of this Agreement shall be filed with the Auditor's Office of the
county in Washington State in which the property or project is located, and if not site
specific, then in the King County Auditor's Office, the Secretary of State of the State of
Washington; and the respective Clerks of the parties hereto.
' IN WITNESS WHEREOF the parties hereto have executed this Agreement as of
the day and year first above written.
I
CITY OF AUBURN CITY OF ALGONA
i By. By.
Its Its
ATTEST- ATTEST-
City Clerk City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
tCity Attorney City Attorney
CITY OF FIFE CITY OF KENT
BY By
Its: Its.
ATTEST: ATTEST:
City Clerk City Clerk
APPROVED AS TO FORM- APPROVED AS TO FORM
' City Attorney City Attorney
DEPARTMENT OF JUSTICE I COPS MORE GRANT Page 5
CITY OF PACIFIC CITY OF PUYALLUP
By- By
Its Its ,
ATTEST ATTEST-
City Clerk City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
City Attorney City Attorney
CITY OF RENTON CITY OF SUMNER
By By
Its Its
ATTEST: ATTEST-
City Clerk City Clerk
APPROVED AS TO FORM APPROVED AS TO FORM-
City Attorney City Attorney
CITY OF TUKWILA
By. t
Its:
ATTEST.
City Clerk
APPROVED AS TO FORM-
City Attorney
r
DEPARTMENT OF JUSTICE/COPS MORE GRANT Page 6
AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT made and entered into on this day of 2006, by
and between the CITIES OF AUBURN, FIFE, PUYALLUP, SUMNER, ALGONA, PACIFIC,
KENT, RENTON AND TUKWILA, all municipal corporations of the State of Washington
(hereinafter referred to collectively as the "Valley Cities"), and CBG COMMUNICATIONS,
INC., hereinafter referred to as the "Consultant."
WITNESSETH :
WHEREAS, the Valley Cities have received funding from the Federal government to
conduct strategic planning for future telecommunications infrastructure within the region
' encompassing the member cores, and,
WHEREAS, the Valley Cities desire to retain the Consultant to provide certain services
in connection with said project; and,
WHEREAS, the Consultant is qualified and able to provide consulting services in
1 connection with the Valley Cities' needs for the above-described work/project, and is willing and
agreeable to provide such services upon the terms and conditions herein contained, and,
WHEREAS, the Valley Cities wish to have the City of Auburn (hereinafter referred to as
the"City") serve as the agent for the Valley Cities regarding the Consultant's services; and,
WHEREAS, the City of Auburn agrees to act as agent for the Valley Cities.
NOW, THEREFORE, the parties hereto agree as follows
1 1. Scope of Services.
The Consultant agrees to perform in a good and professional manner the tasks described
on Exhibit "A" attached hereto and incorporated herein by this reference. (The tasks
described on Exhibit "A" shall be individually referred to as a "task," and collectively
referred to as the "services.") The Consultant shall perform the services as an
independent contractor and shall not be deemed, by virtue of this Agreement and the
performance thereof, to have entered into any partnership, joint venture, employment or
other relationship with the City.
2. Additional Services
From time to time hereafter, the parties hereto may agree to the performance by the
Consultant of additional services with respect to related work or projects Any such
agreement(s) shall be set forth in writing and shall be executed by the respective parties
prior to the Consultant's performance of the services there under, except as may be
provided to the contrary in Section 3 of this Agreement. Upon proper completion and
execution of an addendum (agreement for additional services), such addendum shall be
incorporated into this Agreement and shall have the same force and effect as if the terms
of such addendum were a part of this Agreement as originally executed. The
performance of services pursuant to an addendum shall be subject to the terms and
Page 1 of 9
i
conditions of this Agreement except where the addendum provides to the contrary, in
which case the terms and conditions of any such addendum shall control In all other
respects, any addendum shall supplement and be construed in accordance with the terms
and conditions of this Agreement
3. Performance of Additional Services Prior to Execution of an Addendum.
The parties hereby agree that situations may arise in which services other than those
described on Exhibit "A" are desired by the City and the time period for the completion
of such services makes the execution of addendum impractical prior to the
commencement of the Consultant's performance of the requested services. The
Consultant hereby agrees that it shall perform such services upon the oral request of an
authorized representative of the City pending execution of an addendum, at a rate of
compensation to be agreed to in connection therewith The invoice procedure for any
such additional services shall be as described in Section 7 of this Agreement.
4. Consultant's Representations.
The Consultant hereby represents and warrants that it has all necessary licenses and ,
certifications to perform the services provided for herein, and is qualified to perform such
services.
5. Valley Cities and City's Responsibilities
The City shall do the following in a timely manner so as not to delay the services of the
Consultant ,
a. Designate in writing a person to act as the City's representative with respect to the
services The City's designee shall have complete authority to transmit
instructions, receive information, interpret and define the City's policies and
decisions with respect to the services
b. Furmsh the Consultant with all information, criteria, objectives, schedules and
standards for the project and the services provided for herein '
c Arrange for access to the property or facilities as required for the Consultant to
perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other
documents prepared by the Consultant and render decisions regarding such
documents in a timely manner to prevent delay of the services
e. Act as the agent of the Valley Cities in all aspects of the administration of this
Agreement.
f. Compensate the Consultant from the grant funds held by the City on behalf of the
Valley Cities.
The Valley Cities shall:
a. Direct all instructions for the Consultant to the City.
b. Furnish the Consultant with all information for the project and the services
provided for herein.
C. Designate in writing a person to act as each city's representative with respect to
providing information to the Consultant.
Page 2 of 9
' 6. Acceptable Standards
The Consultant shall be responsible to provide, in connection with the services
contemplated in this Agreement, work product and services of a quality and professional
standard acceptable to the City.
' 7. Compensation.
As compensation for the Consultant's performance of the services provided for herein,
the City shall pay the Consultant the fees and costs specified on Exhibit "B" attached
hereto and made a part hereof (or as specified in an addendum). The Consultant shall
submit to the City an invoice or statement of time spent on tasks included in the scope of
work provided herein, and the City shall process the invoice or statement in the next
billing/claim cycle following receipt of the invoice or statement, and shall remit payment
to the Consultant thereafter in the normal course, subject to any conditions or provisions
in this Agreement or addendum.
8. Time for Performance and Term of Agreement.
The Consultant shall perform the services provided for herein in accordance with the
direction and scheduling provided on Exhibit"C" attached hereto and incorporated herein
by this reference, unless otherwise agreed to in writing by the parties The Term of this
Agreement shall commence on the date hereof or on the day of
, 200 , and shall terminate upon completion of the
performance of the scope of work provided herein, according to the schedule provided on
Exhibit"C" attached hereto, unless otherwise agreed to in writing by the parties.
9. Ownership and Use of Documents.
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared by
the Consultant as part of his performance of this Agreement (the "Work Products") shall
be owned by and become the property of the Valley Cities, and may be used by the
Valley Cities for any purpose beneficial to the Valley Cities.
10. Records Inspection and Audit.
All compensation payments shall be subject to the adjustments for any amounts found
upon audit or otherwise to have been improperly invoiced, and all records and books of
accounts pertaining to any work performed under this Agreement shall be subject to
inspection and audit by the City for a period of up to three (3) years from the final
payment for work performed under this Agreement.
It. Continuation of Performance
In the event that any dispute or conflict arises between the parties while this Contract is in
effect, the Consultant agrees that, notwithstanding such dispute or conflict, the Consultant
shall continue to make a good faith effort to cooperate and continue work toward
successful completion of assigned duties and responsibilities.
12. Administration of Agreement
This Agreement shall be administered by, on behalf of the
Consultant, and by the Mayor of the City, or designee, on behalf of the City. Any written
Page 3 of 9
notices required by the terms of this Agreement shall be served on or mailed to the
following addresses:
Citv of Auburn Consultant
Auburn City Hall Tom Robinson
25 West Main 73 Chestnut Road
Auburn, WA 98001-4998 Suite 301
(253) 931-3000 FAX (253) 931-3053 Paoli, PA 19301
(610) 889-7470 FAX (610) 889-7475
13. Notices.
All notices or communications permitted or required to be given under this Agreement ,
shall be in writing and shall be deemed to have been duly given if delivered in person or
deposited in the United States mail, postage prepaid, for mailing by certified mail, return
receipt requested, and addressed, if to a party of this Agreement, to the address for the
party set forth above, or if to a person not a party to this Agreement, to the address
designated by a party to this Agreement in the foregoing manner.
Any party may change his, her or its address by giving notice in writing, stating his, her
or its new address, to any other party, all pursuant to the procedure set forth in this
section of the Agreement.
14. Insurance.
The Consultant shall be responsible for maintaining, during the term of this Agreement
and at its sole cost and expense, the types of insurance coverages and in the amounts
described below. The Consultant shall furnish evidence, satisfactory to the City, of all
such policies During the term hereof, the Consultant shall take out and maintain in full
force and effect the following insurance policies-
a. Commercial General Liability insurance, acceptable to the Valley Cities, insuring the
Consultant against loss or damages arising from premises, operations, independent
contractors and personal injury and advertising injury. Each Valley City shall be
named as an insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the Valley Cities, with minimum
liability limits of $1,000,000 00 combined single limit for personal injury, death or
property damage in any one occurrence.
b. Such workmen's compensation and other similar insurance as may be required by
law.
c. Professional liability insurance with minimum liability limits of$1,000,000
d. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00
O1 or a substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage.
15. Indemnification.
Page 4 of 9
The Consultant shall indemnify, defend and hold harmless each Valley City and its
officers, agents and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature whatsoever, including attorney
fees, by any reason of or arising out of the act or omission of the Consultant, its officers,
agents, employees, or any of them relating to or arising out of the performance of this
Agreement except for injuries and damages caused by the sole negligence of that Valley
City If a final judgment is rendered against a Valley City, its officers, agents, employees
and/or any of them, or jointly against a Valley City and the Consultant and their
respective officers, agents and employees, or any of them, the Consultant shall satisfy the
same to the extent that such judgment was due to the Consultant's negligent acts or
omissions.
1 Each Valley City shall indemnify and hold all other Valley Cities and their agents,
employees, and/or officers, harmless from and shall process and defend at its own
expense any and all claims, demands, suits, at law or equity, actions, penalties, losses,
damages, or costs, of whatsoever kind or nature, brought against another Valley City
arising out of, in connection with, or incident to the execution of this Agreement and/or
the Indemnifying Valley City's performance or failure to perform any aspect of this
Agreement, provided, however, that if such claims are caused by or result from the
concurrent negligence of another Valley City, its agents, employees, and/or officers, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of
the Indemnifying Valley City, and provided further, that nothing herein shall require the
Indemnifying Valley City to hold harmless or defend another Valley City, its agents,
employees and/or officers from any claims arising from the sole negligence of that other
Valley City, its agents, employees, and/or officers No liability shall attach to the any
Valley City by reason of entering into this Agreement except as expressly provided
herein.
' 16. Assignment.
No party to this Agreement shall assign any right or obligation hereunder in whole or in
part, without the prior written consent of the other party hereto No assignment or
transfer of any interest under this Agreement shall be deemed to release the assignor from
any liability or obligation under this Agreement, or to cause any such liability or
obligation to be reduced to a secondary liability or obligation.
17. Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the party or
parties to be bound, or such party's or parties' duly authorized representative(s) and
specifying with particularity the nature and extent of such amendment, modification or
' waiver. Any waiver by any party of any default of the other party shall not effect or
impair any right arising from any subsequent default.
Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant
to this Agreement.
18. Termination and Suspension.
Page 5 of 9
The City and the Consultant may terminate this Agreement upon written notice to the
other party if the other party fails substantially to perform in accordance with the terms of
this Agreement through no fault of the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven (7) days written notice to
the Consultant if the services provided for herein are no longer needed from the Consultant '
If this Agreement is terminated through no fault of the Consultant, the Consultant shall be
compensated for services performed prior to termination in accordance with the rate of
compensation provided in Exhibit"B" hereof.
19. Parties in Interest '
This Agreement shall be binding upon, and the benefits and obligations provided for
herein shall inure to and bind, the parties hereto and their respective successors and '
assigns, provided that this section shall not be deemed to permit any transfer or
assignment otherwise prohibited by this Agreement This Agreement is for the exclusive
benefit of the parties hereto and it does not create a contractual relationship with or exist
for the benefit of any third party, including contractors, sub-contractors and their sureties.
20. Costs to Prevailing Party.
In the event of such litigation or other legal action, to enforce any rights, responsibilities
or obligations under this Agreement, the prevailing parties shall be entitled to receive its
reasonable costs and attorney's fees.
21. Applicable Law
This Agreement and the rights of the parties hereunder shall be governed by, and ,
interpreted in accordance with, the laws of the State of Washington and venue for any
action hereunder shall be in of the county in Washington State in which the property or
project is located, and if not site specific, then in King County, Washington; provided,
however, that it is agreed and understood that any applicable statute of limitation shall
commence no later than the substantial completion by the Consultant of the services
22. Captions, Headings and Titles. '
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or sections to
which they apply As used herein, where appropriate, the singular shall include the plural
and vice versa and masculine, feminine and neuter expressions shall be interchangeable. ,
Interpretation or construction of this Agreement shall not be affected by any
determination as to who is the drafter of this Agreement, this Agreement having been
drafted by mutual agreement of the parties.
23. Severable Provisions.
Each provision of this Agreement is intended to be severable. If any provision hereof is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect
the validity of the remainder of this Agreement.
24. Entire Agreement. '
Page 6 of 9
This Agreement contains the entire understanding of the parties hereto in respect to the
transactions contemplated hereby and supersedes all prior agreements and understandings
jbetween the parties with respect to such subject matter.
25. Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall be one
and the same Agreement and shall become effective when one or more counterparts have
been signed by each of the parties and delivered to the other party
' IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
' effective the day and year first set forth above.
CITY OF AUBURN CONSULTANT
Peter B. Lewis, Mayor Name:
Title:
Attest:
' Danielle E. Daskam, City Clerk
' Approved as to form:
Daniel B. Heid, City Attorney
Page 7 of 9
CITY OF FIFE CITY OF PUYALLUP
,
Attest: Attest.
City Clerk City Clerk
Approved as to form: Approved as to form: '
, City Attorney , City Attorney
CITY OF SUMNER CITY OF ALGONA
Attest: Attest.
City Clerk , City Clerk '
Approved as to form Approved as to form: '
City Attorney City Attorney
Page 8 of 9
CITY OF PACIFIC CITY OF KENT
Attest: Attest:
City Clerk City Clerk
Approved as to form- Approved as to form:
City Attorney , City Attomey
' CITY OF RENTON CITY OF TUKWILA
Attest: Attest:
City Clerk City Clerk
IApproved as to form- Approved as to form.
City Attorney City Attorney
' Page 9 of 9
EXHIBIT A
SCOPE OF WORK
A. Develop a strategic plan to meet community and public agency needs through
potential uses of fiber optic and wireless broadband infrastructure and services - It will be
necessary to understand how a comprehensive fiber optic and wireless broadband system can
enhance existing connectivity, as well as provide broadband connectivity where none is being
provided today. In this vein, some of the potential users and uses are.
• Government communications services
o Safety (Police and Fire)
o Public Works
o Social Services
o Emergency notification
• Residential
1 o Areas not served or underserved by cable modem, DSL or other forms of
broadband
o Digital divide issues
' o Areas requiring portability
• Business
o Areas not served or underserved by cable modem, DSL, or other means
' such as existing fiber optics
o Impact on economic development and tourism
CBG will perform the following activities and tasks:
• CBG will perform a high-level analysis of existing telecommunications
infrastructure/services in the areas represented by the Valley Cities This will include
identifying broadband access options available to the communities in the Valley Cities' area,
' as well as businesses, residents, and schools within the area including provider names,
contact information and general availability and functionality as well as the costs for those
services.
' • CBG will identify the current and future demand for fiber optic (backbone, dedicated and
fiber-to-the-premises [FTTP]) and wireless broadband services in the Valley Cities area.
' Focus groups and discussions will be held with local officials in each community to
determine internal needs, as well as known, unfulfilled, Community broadband needs,
demands and concerns for current and future wireline and wireless telecommunications in the
' area. Specifically, various local agency staff such as IT, economic development, public
safety and administration, and elected officials will have a sense for what current
governmental as well as residential and business needs may exist. In addition to these
meetings, relevant public documents will be identified reviewed
1
Focus groups will also be held with representative community, school district, and other '
educational and business organizations in each Valley Cities' jurisdiction concerning their
wireline and wireless broadband needs '
B. Determine the specific operational relationship between a new wireline/wireless
broadband network and the current local government-owned emergency communications and
wide area networks - Because the existing public safety systems are critical to the connectivity
and communications applications of government and educational entities in the Valley Cities
area, it will be extremely important to specifically look at the functions of the two systems that
are synergistic with a potential new fiber optic wireline/wireless broadband network and how
such a network can both interconnect to and expand and enhance the capabilities of existing
systems.
• CBG will work with the architects, engineers and operations personnel for the existing
networks to explore the most feasible and efficient integration of a new wireline/wireless
broadband system
C. Preparation and Analysis of a Mail-out Residential Survey—
• CBG will develop a survey instrument to be mailed to a random sampling of homes in each ,
of the Valley Cities Topic areas to be covered by the surveys include demographic
information, current broadband services; attitudes toward a variety of broadband-related
issues such as connection speed (transfer rate), cost, customer service, installation and
applications; user profiles. needs and interests for additional and new broadband services;
preference for various types of providers and systems, and other issues.
• CBG will work with the Valley Cities to develop the random sample and prepare an '
appropriate survey instrument Copying, printing and sending and receiving mailing costs
will be the responsibility of the Valley Cities (typically surveys are sent via first class mail to
reinforce their importance, but are received back by business mail permit or another low cost
means)
In order to ensure valid statistical data for each individual city as well as the region as a whole, '
approximately 17,500 mailings will be made, covering the Valley Cities as indicated below.
Table 3
Community Population Households Recommended Anticipated
Random number '
Sampling Size returned
Algona 21460 879 300 100
Auburn 40,314 19,400 3,000 300 '
Fife 4,784 2,t 11 600 200
Kent 79,524 32,534 3000 300
Pacific 5,527 2,054 600 200
Puyallup 35,496 13,385 3000 300
Renton 50,052 22,699 3000 300
1
Sumner 8,504 3,687 1000 300
Tukwila 17,181 7,817 3000 300
1 Total 17,500 2,300
This will provide valid statistical data for the region as a whole, as well as the oversampling
1 needed to provide valid statistical data that is individually applicable to each jurisdiction
1 • From all the data gathered above CBG will evaluate fiber/wireless broadband models to meet
the needs assessed and begin to identify the parameters that would be needed in an RFP or
other solicitation and development process
1 D. Assist the Valley Cities leadership in determining goals for a new wireline/wireless
broadband network (such as uses and potential income) - Based on the information gathered in
the above steps, CBG will equip the Valley Cities with the information needed as well as a basis
1 for going forward with an RFP or other solicitation and development process to facilitate a fiber
optic/wireless system in the Valley Cities area. The steps in Tasks 1 and 2 mentioned above will
also ensure a high level of government official, business and residential input into, and
1 understanding of, the ultimate fiber optic and wireless network model and solution
• CBG will prepare a draft Strategic Plan and present it to the Valley Cities, identifying
1 potential system models, costs/benefits, identified uses and users and potential income if a
revenue generating (rather than revenue neutral) model is pursued
1 • Feedback from the Valley Cities leadership will then be incorporated in the overall data set
and a final Strategic Plan will be developed and a of which will be provided to each of the
Valley Cities.
1
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EXHIBIT B
PROJECT COST
The following hours and associated costs will be needed to perform each of the project elements
for the Strategic Planning and Related Services Project.
Category Task Hours CBG Cost ,
Strategic planning to meet community and public agency
needs through potential uses of fiber optic and wireless 102 $15,300 ,
broadband infrastructure and services
Operational relationship with existing public safety system 30 $4,500
Development and analysis of a residential community survey 52 $7,800** '
Assist the Valley Cities leadership in determining overarching
goals for a fiber optic/wireless network(such as uses and 16 $2,400
-potential income
Sub Total 200 $30,000*
CBG to be reimbursed for expenses such as long distance
telephone, contract clerical charges, postage, copy and
reproduction expenses, Fed Ex or courier expenses, other $3,300 ,
similar expenses and where needed, travel expenses such as
airfare, hotel, ground transportation, etc 11% above
Professional Services fees is used for estimation purposes.
Specific coding costs for residential community survey(2300 $5,750
-surveys returned
Total $39,050 '
* A blended rate of$150 per hour is used for cost estimation purposes
** The nine Valley Cities together are responsible for a sending mailing cost of approximately $8,750
(17,500 sent surveys times $0 50 per survey) and receiving mailing costs of approximately $345 (2,300
times $0 15 per received survey)
CBG will not exceed the above total expenditure of$39,050.00 without prior authorization of the ,
Valley Cities.
1
EXHIBIT C
TIME SCHEDULE AND DELIVERABLES FOR THE PROJECT
1 Deliverable Delivery Date
1 Delivery of Mail-out Residential Survey to the Cities September 1, 2006
Presentation of the Draft Strategic Plan November 15, 2006
Presentation of Final Strategic Plan December 15, 2006
1
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Kent City Council Meeting
Date November 7, 2006
Category Consent Calendar
1. SUBJECT: DIVERSITY ADVISORY BOARD ORDINANCE
2. SUMMARY STATEMENT: To adopt Ordinance No. , which amends
Chapter 2 56 of the Kent City Code to change the name of the Diversity Advisory
Board to the Diversity Alliance Board and to increase its membership to fifteen
members.
' The City's Diversity Advisory Board ("Board") was adopted by Ordinance No. 3414
' and codified in Chapter 2.56 of the Kent City Code. It is the Board's desire to amend
its name to become the Diversity Alliance Board in order to embrace the Board's role,
to represent an affinity with the Kent School District's Diversity Alliance, and to form a
' diversity partnership The Board would also like to increase its membership from nine
to fifteen members in order to ensure consideration of a wide range of experience and
interests on issues of diversity and to include a youth member
' In order to incorporate these changes, it is necessary to adopt an ordinance which
' amends Chapter 2 56 of the Kent City Code accordingly This ordinance will proceed
before the Operations Committee the same night it is presented to the full Council for
consideration.
' 3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Diversity Advisory Board
(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 6U
ORDINANCE NO.
AN ORDINANCE of the city council of the city of
Kent, Washington, amending chapter 2 56 of the Kent
City Code, entitled "Diversity Advisory Board," to change
the name of the board to the Diversity Alliance Board
and to increase its membership to fifteen members.
RECITALS
A. The current Diversity Advisory Board would like to change its name
to the Diversity Alliance Board in order to embrace its new role and partnership
with the Kent School District's Diversity Alliance. The board would also like to
increase its membership in order to ensure a wide range of experience and
interests on issues of diversity are incorporated into the board's activities.
eB. Because the current Diversity Advisory Board was established by the
Kent City Code, a code revision is necessary in order to make these changes in the
tboard's administration.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Chapter 2.56 of the Kent City Code, entitled
"Diversity Advisory Board," is amended as follows:
1 Diversity Advisory Board--
Revise Name and Number of Members
CHAPTER 2.56
DIVERSITY ALLIANCE DVISGR ABOARD
Sec. 2.56.010. Establishment of board. There is hereby established a
diversity alliance adv+sary board which shall serve in an advisory capacity to the
mayor and city council of the city of Kent.
Sec. 2.56.020. Purpose. The diversity alliance adylseFy—board shall
provide input to the mayor and city council on policy and process that promote
and facilitate active involvement and participation by diverse cultures within the a
Kent community.
Sec. 2.56.030. Responsibilities. The board shall have the following
responsibilities:
A. To promote understanding that accepts, celebrates, and appreciates
diversity within the community.
B. To serve as a resource and provide recommendations for the city of
Kent regarding opportunities to address or promote diversity issues or programs
within the city and the community.
C. To annually review the city's progress in implementing a citywide
diversity plan and report the results of the review to the mayor and city council. »,
D. To issue reports and actively participate in ongoing dialogue with the
community consistent with the purpose of the board.
E. To promote and encourage active involvement and participation by
diverse cultures within the Kent community and city government.
F. To enlist the cooperation of various groups in the community to
participate in educational, cultural and other campaigns demonstrating an
awareness of ethnic, cultural and human diversity in the community.
Sec. 2.56.040. Composition of the board. The board shall consist of
fifteen nine (159) members, which may include youth member(s), who shall all be
appointed by the mayor and confirmed by the city council. Membership shall be
limited to those who live, work, or attend school in the citv"e and, to
the extent possible, those persons who represent this community's
of the diversity and who also have of the an affinity for diversity-related
2 Diversity Advisory Board--
Revise Name and Number of Members
1 issues or arouos. Board members shall serve as city volunteers without
compensation.
Sec. 2.56.050. Terms of appointment. Members shall serve three (3)
year terms. The terms shall be staggered so that the terms of fvethFee (53)
members expire in any given year. Initial appointments of less than five twee (53)
years may be made to provide the desired staggering of terms as set `eFth heFeiR
The board chair shall be appointed annually by the board's members.
Sec. 2.56.060 Staffing. The mayor shall appoint appropriate staff as he
or she deems appropriate to assist the board in the preparation of its reports and
records as are necessary for the operation of the board. The board shall operate in
accordance with its duly adopted by-laws.
Sec. 2.56.070 Meetings. The board shall meet upon the call of the
chairperson, as necessary.
Sec. 2.56.080. Attendance and vacancies. At any meeting of the
board, the board may recommend to the mayor removal of any member who
misses three (3) consecutive meetings without being excused by the board upon
an affirmative vote of a majority of the board. To fill unexpired terms, replacement
appointments will be made as necessary by the mayor and confirmed by the city
council Appointments made to fill vacancies will be made to fill the portion of the
unexpired term.
SECTION 2. - Severabilitv. 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 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
3 Diversity Advisory Board--
Revise Name and Number of Members
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of November, 2006.
APPROVED: day of November, 2006.
PUBLISHED: day of November, 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
a\Civil\Ordinance\DlvermtyF yi o bard Nameaar a aoc
4 Diversity Advisory Board--
Revise Name and Number of Members
Kent City Council Meeting
Date November 7, 2006
Category Other Business
1. SUBJECT: ORME REZONE ORDINANCE
(QUASI-JUDICIAL)
2. SUMMARY STATEMENT: The proposed ordinance relates to land use and
zoning, specifically the rezoning of two existing tax lots and a portion of a third,
totaling 5 67 acres of property from Single-Family Residential, 4 5 units per acre, to
Smgle-Family Residential., 6 units per acre The property is located at 25410 142°�
Avenue Southeast, in Kent, Washington. The Kent Hearing Examiner held a Public
Hearing on September 27, 2006, and issued Findings, Conclusions, and a
V recommendation for approval on October 9, 2006.
3. EXHIBITS: Ordinance; Hearing Examiner Findings, Conclusions and
Recommendation; Staff report with map, and Determination of Nonsignificance
4. RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure9 No Revenue? No
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
( 6. CITY COUNCIL ACTION:
Councilmember Vz IKxryl moves, Councilmember seconds
to aeeept/reject/mxii.EyJr�the Findings, Conclusions and Recommendation of the
Hearing Examiner on the Orme Rezone
DISCUSSION:
ACTION-
Council Agenda
Item No. 7A
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, relating to land use and zoning,
specifically the rezoning of approximately 5.67 acres of
property located at 25410 142nd Avenue Southeast, from
SR-4.5 (Single-Family Residential, 4.5 units per acre) to
SR-6 (Single-Family Residential, 6 units per acre).
(Orme Rezone, #RZ-2006-6).
RECITALS
A. An application was filed on April 20, 2006, to rezone approximately
5.67 acres of property located at 25410 142nd Avenue Southeast, in Kent,
Washington, from the current zoning of SR-4.5 (Single-Family Residential, 4.5
units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Orme
Rezone, #RZ-2006-6).
B. The City's SEPA responsible official issued a Revised Mitigated
Determination of Nonsignificance (RMDNS) (#ENV-2006-30) for the proposed
rezone on August 11, 2006.
1 C. A public hearing on the rezone was held before the hearing
examiner on September 27, 2006. On October 9, 2006, the hearing examiner
issued findings and conclusions that the Orme Rezone is consistent with the city's
Comprehensive Plan; that the proposed rezone and subsequent development
iactivity would be compatible with the development in the vicinity; that the
proposed rezone will not unduly burden the transportation system in the vicinity of
the property with significant adverse impacts that cannot be mitigated, that
circumstances have changed since the establishment of the current zoning district
to warrant the proposed rezone, and that the proposed rezone will not adversely
affect the health, safety, and general welfare of the citizens of the City of Kent.
1 Orme Rezone
D. Based on these findings and conclusions, the hearing examiner
recommended approval of the Orme Rezone.
E. On November 7, 2006, the City Council determined that the hearing
examiner's findings and conclusions are consistent with sections 15.09.050(A)(3)
and 15.09.050(C) of the Kent City Code, accepted the findings of the hearing
examiner, and adopted the hearing examiner's recommendation for approval of the
Orme Rezone from SR-4.5 to SR-6.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Rezone. The property located at 25410 142nd Avenue
Southeast, in Kent, Washington consisting of approximately 5.67 acres depicted in
Exhibit "A" (marked "Vicinity Map"), attached and incorporated by this reference,
and legally described in Exhibit "B", attached and incorporated by this reference, is
rezoned from SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR-6
(Single-Family Residential, 6 units per acre). The City of Kent zoning map shall be
amended to reflect the rezone granted above.
SECTION 2. - Severability. If any one or more sections, sub-sections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
SECTION 3. - Effective Date This ordinance shall take effect and be in
force five (5) days from and after its publication as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
2 Orme Rezone
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of November, 2006.
APPROVED: day of November, 2006.
PUBLISHED: day of November, 2006.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
' BRENDA JACOBER, CITY CLERK (SEAL)
P\Gvd\Ordinance\Rezone-Orme doc
3 Orme Rezone
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EXHIBIT "A"
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LEGAL DESCRIPTION
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 22 TOWNSHIP 22 NORTH RANGE 5 EAST W. M. IN THE CITY
OF KENT COUNTY OF KING, STATE OF WASHINGTON DESCRIBED AS
FOLLOWS;
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 22 THENCE
N-01-03-30E ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 22 A DISTANCE OF 549.00 FEET; THENCE S88-47-18E
PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 22 A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING S88-47-18E PARALLEL WITH THE SOUTH
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 A DISTANCE OF
728.00 FEET; THENCE S01-03-30W PARALLEL WITH THE WEST LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 22 A DISTANCE OF 150.00
FEET; THENCE S88-47-1 BE PARALLEL WITH THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 22 A DISTANCE OF 150.00 FEET;
THENCE S01-03-30W PARALLEL WITH THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 22 A DISTANCE OF 259.00 FEET; THENCE
N88-47-10W PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 22 A DISTANCE OF 200.50 FEET TO THE
EASTERLY BOUNDARY OF SUISE CREEK CEMETERY ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 15 OF PLATS AT PAGE 93 THENCE
N01-03-30E PARALLEL WITH THE WEST UNE OF THE SOUTHWEST QUARTER
OF SAID SECTION 22 AND EAST LINE OF SAID PLAT A DISTANCE OF 110.00
FEET TO THE NORTHEAST CORNER OF SAID SUISE CREEK CEMETERY PLAT;
THENCE ALONG THE NORTH LINE OF SAID CEMETERY NOB-47-18W
PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID `
SECTION 22 A DISTANCE OF 578.00 FEEL, THENCE N01-03-30E PARALLEL
WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 A
DISTANCE OF 100.00 FEET; THENCE N88-47-1 BW PARALLEL WITH THE
SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 A
DISTANCE OF 150.00 FEET TO THE EASTERLY MARGIN OF 132ND AVENUE S.
E.; THENCE N01-03-30E ALONG SAID MARGIN AND PARALLEL WITH THE
WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 A DISTANCE
OF 199.00 FEET TO THE TRUE POINT OF BEGINNING, AND THE TERMINUS
OF THIS DESCRIPTION.
SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON.
TOGETHER WITH AN EASENENT FOR INGRESS, EGRESS AND UTILITIES
DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER
OF SECTION 22, TOWNSHIP 22 NORTH, RANGE 5 EAST W. M. WHICH IS 908
FEET EASTERLY FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE
NORTH PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION 429 FEET;
THENCE WEST 30 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE
RIGHT THE CENTER OF WHICH BEARS WEST 20 FEET, AN ARC DISTANCE OF
31.42 FEET; THENCE SOUTH 20 FEET, THENCE SOUTHEASTERLY ALONG A
CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 20 FEET, AN
ARC DISTANCE OF 31.42 FEET; THENCE SOUTH 369 FEET MORE OR LESS,
TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE EASTERLY 30 FEET TO
THE POINT OF BEGINNING.
EXCEPT THE SOUTH 30 FEET FOR ROAD.
EXHIBIT "B"
LAND USE HEARING EXAMINER
• CITY OF KENT
K E N T Theodore P. Hunter
WASHINGTON Hearing Examiner
FINDINGS, CONCLUSIONS AND RECOMMENDATION
FILE NO: Orme Rezone
#RZ-2006-6 KIVA #RPP4-2062017
APPLICANT: Jim Hutson
Charter Homes Inc.
601 Union Street, Suite #3920
Seattle, WA 98101
RE UEST: Rezone two existing tax lots and a portion of a third, totaling 5.67
acres from SR-4.5, Single Family Residential, to SR-6, Single
Family Residential.
LOCATION: 25410 142n° Avenue SE.
APPLICATION FILED: April 20, 2006
MITIGATED DETERMINATION
OF NONSIGNIFICANCE ISSUED: August 8, 2006; revised August 11, 2006
HEARING DATE: September 27, 2006
RECOMMENDATION ISSUED: October 9, 2006
RECOMMENDATION: APPROVED
STAFF REPRESENTATIVE: Matt Gilbert, Planner
TESTIMONY: The following people testified under oath:
Matt Gilbert, Planning Services, City of Kent
tDamien Hooper, for Applicant
EXHIBITS: 1. Staff file, with Site Maps and Staff Report, and including the
following attachments:
A. Rezone Application
B. Department Routing
C. Correspondence, including a letter to City of Kent Planning
Services from Mark Jones and "Neighbors directly
affected"; a letter to City of Kent Planning Services from
Denise M. Glover and F. Glen Avantaggio, dated July 4,
Findings, Conclusions and Recommendation
Hearing Examinerfor the City of Kent
Orme Rezone
#RZ-2006-6 KIVA#RPP4-20620I7
Page I of 6
2006; and a letter to Erick Wicklund from Alice Marshall,
Development Administration of Soos Creek Water & Sewer
District, dated January 6, 2006
D. Public Notice Documents, including affidavits of notice,
publication notice and mailing list
E. Notice of Completeness; Notice of Application
F. Mitigated Determination of Non-Significance, issued August
81 2006; Revised Mitigated Determination of Non-
Significance, issued August 11, 2006, and Environmental
Checklist
The Hearing Examiner enters the following Findings and Conclusions based upon the testimony
and exhibits admitted at the open record hearing:
FINDINGS
1. Charter Homes, Inc., (the Applicant) requested a zoning map amendment to rezone
5.67 acres from SR-4.5, Single Family Residential, to SR-6, Single Family Residential.
The property is located at 25410 132nd Avenue SE, Kent, WA, and identified by King
County Tax Parcel numbers 222205-9058, 222205-9098, and 222205-9099.1 The
property is currently developed with a single family home and three associated
buildings. Exhibit 1, StaffReport, pages 1, 2, Testimony of Mr. Gilbert.
2. At the current SR-4.5 zoning, the subject property could be developed with 25 single
family homes. With the rezone, the property could be developed with 33 homes.
Pursuant to the Applicant's associated preliminary plat application #SU-2006-3, the
Applicant proposes development of 26 homes on the property. Exhrbrt 1, Staff Report,
pages 1, 2; Exhrbrt 1, Attachment A.
3. The subject property was annexed to the City of Kent on July 1, 1997, pursuant to the
891 acre Meridian Valley annexation. The property was zoned SR-4.5 at the time of
annexation The property is designated SF-6 Single Family six units per acre, under the
City of Kent Comprehensive Plan Land Use Map. Exhrbrt 1, Staff Report, pages 2-3,
Exhibit 1, Attachment A.
4. As with the subject property, all surrounding properties are zoned SR-4.5, Single Family
Residential, and carry the SF-6 Comprehensive Plan designation. Property to the north
and south is developed with single-family residences. There is also a cemetery to the
south. Property to the west is vacant. Property to the east is currently developed with
single family residential homes on large lots, and is under review for a proposed seven
lot short plat. Mr. Gilbert testified that the proposed rezone would allow development
that is compatible with existing development in both density and use. Exhrbrt 1, Staff
Report, pages 2, 16,Exhibit 1, Attachment A,. Testimony of Mr. Gilbert;
A legal description of the property can be found on the Preliminary Plat Map submitted with the
application Exhrbrt 1.
Findings, Conclusions and Recommendation
Hearing Examiner for the City of Kent
Orme Rezone
#RZ-2006-6 KIVA#RPP4-2062OI7
Page 2 of 6
5. Pursuant to the Kent City Code, it is the purpose of the single-family residential districts,
including the SR-6 zone desired by the Applicant, to stabilize and preserve single-family
residential neighborhoods, as designated in the comprehensive plan. It is further the
purpose to provide a range of densities and minimum lot sizes in order to promote
diversity and recognize a variety of residential environments. Kent City Code (KCC)
15.0.3.010.
6. The City of Kent Comprehensive Plan contains goals and policies that foster community
through increased neighborhood connectivity, and the accommodation of projected
population growth by providing a variety of housing types and densities.' Exhlblt 1,
Staff Report, pages 7— 11; Testimony of Mr. Gilbert.
7. Circumstances have changed since the City annexed the property and adopted the
present zoning designation on July 1, 1997. There are several developments, both
proposed and approved, in the vicinity of the property. With the new development, the
area can be generally characterized as medium density single family development.
Since annexation, road improvements have increased traffic capacity in the East Hill
portion of the City. The City has improved the 272n'/277th Street Corridor, providing
improved roadway connectivity and freeway access. SE 256th Street has been widened.
The property is designated SF-6 under the City's Comprehensive Plan, a designation in
place since the annexation and reaffirmed in the 2004 Comprehensive Plan update. The
Growth Management Act requires that cities adopt development regulations which
implement and are consistent with their comprehensive plans. Exhibit 1, Staff Report,
page 16.
8. The proposed rezone, in and of itself, would not add traffic to the local to the local
street system. However, the City determined that the associated preliminary plat
application would increase traffic by 26 p.m. peak hour trips, requiring mitigation. The
traffic impact of future development of the subject property would be mitigated through
a Traffic Impact Study and payment of traffic mitigation fees. Exhibit 1, Staff Report,
page 17; Exhibit 1, Attachment A; Exhibit 1, Attachment F
9 The City of Kent acted as lead agency for review of environmental impacts caused by
the proposal. The Applicant submitted an application for rezone of the subject site on
April 20, 2006. Concurrent with the rezone application, the Applicant also submitted a
preliminary plat applicant on April 20, 2006. The City considered both the rezone and
plat applications as part of a unified project for the purpose of SEPA environmental
review.3 The City issued a Mitigated Determination of Nonsignificance (MDNS) with no
2 See Kent Comprehensive Plan, Land Use Element Goals LU-9 and LU-10, Land Use Policies 9.1, 9.4, and
12.2, Housing Element Goal 2 and Policies H-2 3, H-2.5, H-5 1, and Transportation Element Goal TR-1.
3 The Washington Supreme Court endorsed this combined threshold review process when it found
impacts of a specific development proposal can be a useful yardstick to measure rezone impacts. See
CttizensA11fiance v. Auburn 126 Wn.2d 356, 365(1995) Combined threshold review is consistent with
KCC 12.01.030(D), is a more efficient use of City, applicant and public resources, and promotes SEPA
Findings, Conclusions and Recommendation
Hearing Examiner for the City of Kent
Orme Rezone
#RZ-2006-6 KIVA#RPP4-2062 01 7
Page 3 of 6
t
conditions included for the rezone on August 8, 2006. The MDNS was revised and re-
issued on August 11, 2006. The MDNS was not appealed. Exhibit 1, Staff Report, page
2;Attachment F.
10. Notice of the open record hearing was posted on the property, mailed to properties
within 300 feet of the site, and published in the King County Journal in accordance with
City ordinances. Exhibit 1,Attachment D.
11. There was no testimony from the public at the open record hearing regarding the
rezone application. The City received a letter from Mark Jones, with the signature of 65
"Neighbors directly affected". Mr. Jones requested that the Orme rezone application be
denied as not meeting neighborhood connectivity requirements. Mr. Jones' concern is
more appropriate as a comment on the preliminary plat application; that decision is
separate from this recommendation and will be considered therein. Exhibit 1,
Attachment C.
CONCLUSIONS
Jurisdiction
The Hearing Examiner has jurisdiction to hold an open record hearing on this quasi-Judicial
rezone and to issue a written recommendation for final action to the Council, pursuant to RCW
35A.63.170 and Chapters 2.32 and 15 09 of the Kent City Code.
Criteria for Review
Section 15.09.050(C) of the Kent Zoning Code sets forth the standards and criteria the Hearing
Examiner must use to evaluate a request for a rezone. A request for a rezone shall only be
granted if:
a. The proposed rezone is consistent with the comprehensive plan;
b. The proposed rezone and subsequent development of the site would be compatible
with development in the vicinity;
c. The proposed rezone will not unduly burden the transportation system in the vicinity
of the property with significant adverse impacts which cannot be mitigated;
d. Circumstances have changed substantially since the establishment of the current
zoning district to warrant the proposed rezone;
e. The proposed rezone will not adversely affect the health, safety and general welfare
of the citizens of the city.
policies. See 126 Wn.2d at 366("The SEPA rules underscore flexibility and gauge the level of detail
according to the proposal at tssue'J.
Findings, Conclusions and Recommendation
Hearing Examiner for the City of Kent
Orme Rezone
#RZ-2006-6 KIVA#RPP4-2062017
Page 4 of 6
Conclusions Based on Findings
1. The proposed rezone is consistent with the Comprehensive Plan. The
Comprehensive Plan designates the parcels subject to the proposed rezone and all
surrounding properties as SF-6, which would allow development of up to 6 dwelling
units/acre. The proposed rezone would allow development of up to 6.05 dwelling
units/acre, consistent with the Comprehensive Plan SF-6 designation. The additional
density allowed by the rezone would also support the policies of the Comprehensive
Plan. Findings 3, 4, S, 6, and 7.
2. The proposed rezone and subsequent development of the site would be
compatible with development in the vicinity. The subject property is surrounded
by single-family residential development. To the north, the Tahoma Vista subdivision is
zoned at the SR-6 density. A rezone for the proposed Cedar Pointe subdivision located
to the east and north of the property was recently approved at the SR-6 density. To the
east, a proposed subdivision is also being developed at SR-6 density. Future
development of the Orme plat at the requested SR-6 density would be compatible with
existing and planned development in the vicinity of subject property. Findings 3 and 4.
3. The proposed rezone would not unduly burden the transportation system in
the vicinity of the property with significant adverse impacts that cannot be
mitigated. The rezone itself would not generate any traffic. The traffic impact of
future development of the subject property would be mitigated through a Traffic Impact
Study and payment of traffic mitigation fees. Findings 7 and 8.
4. Circumstances have changed substantially since the establishment of the
current zoning district. In considering a rezone, the Applicant has the burden of
proof in demonstrating that conditions have substantially changed since the original
zoning and that the rezone bears a substantial relationship to the public health, safety,
morals, or general welfare. Parkndge v. Seattle, 89 Wn.2d 454 (1978). A variety of
factors may be utilized to satisfy a change in circumstances including changes in public
opinion, local land use patterns, and changes on the property itself. Byarnson v. Kitsap
County, 78 Wn. App. 840, 846 (1995). The proposed rezone is supported by changes in
the surrounding development and would comply with the Comprehensive Plan land use
designation which was reaffirmed with the 2004 Comprehensive Plan update. Findings
3, 4, and 7.
5. The proposed rezone would not adversely affect the health, safety and
general welfare of the citizens of the City of Kent. The City identified no adverse
impacts attributable to the proposed rezone during its environmental review process.
The proposed rezone would further City Comprehensive Plan goals and policies,
especially by providing an appropriate mix of housing styles and choices throughout the
City. Concerns raised in public comment will be addressed in the preliminary plat
application. Findings 4, 6, 8, 9, and 11
Findings, Conclusions and Recommendation
Hearing Examiner for the City of Kent
Orme Rezone
#RZ-2006-6 KIVA#RPP4-2062 01 7
LPage 5 of 6
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that
the application for a rezone of 5.67 acres identified as King County Tax Parcel numbers 222205-
9058, 222205-9098, and 222205-909, from SR-4.5 to SR-6 be APPROVED.
DATED this 9th day of October 2006.
THEODORE PAUL HUNTER
Hearing Examiner
S•\Permit\Plan\rezone\2006\2062017-2006-6findings doc
t�
Findings, Conclusions and Recommendation
Hearing Examinerfor the City of Kent
Orme Rezone
#RZ-2006-6 KIVA#RPP4-2062017
Page 6 of 6
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, Director
PLANNING SERVICES
T Charlene Anderson, AICP, Manager
KEN
WASHY G*OI Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S.
Kent, WA 98032-5895
KENT PLANNING SERVICES
(253) 856-5454
STAFF REPORT
FOR HEARING EXAMINER MEETING OF
September 27 2006
FILE NO: ORME SUBDIVISION AND REZONE
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APPLICANT: Jim Hutson
Charter Homes Inc.
601 Union Street Suite 3920
Seattle, WA 98101
REQUEST: A request to rezone then subdivide two entire existing tax
lots and a portion of a third totaling 5.67 acres into 26
single family residential lots. The rezone proposes to
change the zoning designation of the site from SR-4.5
Single Family Residential to SR-6 Single Family
Residential.
STAFF
REPRESENTATIVE: Matt Gilbert, AICP, Planner
STAFF
RECOMMENDATION: Rezone: APPROVAL
Subdivision: APPROVAL, with conditions
I. GENERAL INFORMATION
A. Description of the Proposal
The applicant proposes to rezone then subdivide two existing tax lots and a
portion of a third totaling 5.67 acres into 26 single family residential lots. The
rezone proposes to change the zoning designation of the site from SR-4.5 Single
Family Residential to SR-6 Single Family Residential. The SR-6 designation is
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consistent with the City's Comprehensive Plan designation of the site as SF-6,
Single Family 6-units per acre.
The partial lot included in this rezone and subdivision proposal is known as the
Chaffeur property and is identified as APN 222205-9099. The northerly 110 feet
of this lot will be used as the location of an on-site, public stormwater pond
which is proposed to manage runoff associated with the new development.
A new public roadway will be constructed that will connect to 132nd Avenue SE.
All buildings currently on the site will be removed in conjunction with site
development. Per City ordinances effective at the time, this application was
deemed complete, no environmentally sensitive lands have been identified on
the site. However, a wetland buffer associated with an off-site wetland does
encroach onto the eastern portion of this site.
B. Location
The site is currently addressed as 25410 132 d Avenue SE. The properties (or
portions thereof) proposed to be rezoned and subdivided are identified by King
County Tax Parcel numbers 222205-9058 and 222205-9098 and 222205-9099.
C. Size of Property
The subject site consists of two parcels and a portion of a third parcel, totaling
approximately 5.67 acres.
D. Zoning / Comprehensive Plan
The site is currently zoned SR 4.5, Single Family Residential. The applicant
proposes to rezone the site to SR-6, Single Family Residential.
All surrounding properties are currently zoned SR 4.5 Single Family Residential
and designated SF-6 Single Family 6 units/acre on the City's Comprehensive
Plan Land Use Map.
Utilizing gross acreage, the SR-6 zoning designation would allow for the
development of approximately 33 single family detached units, as opposed to 25
single family units under the existing SR-4.5 designation. The subdivision
proposed through this request includes 26 lots.
E. Land Use
The subject property is currently developed with one single-family residence
and three associated outbuildings. Adjacent property to the north is developed
as the Heather Glen Estates subdivision, which is fully developed to single-
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family residences. The property to the west across 132nd Avenue is vacant. The
property to the south is developed with single-family residences on large lots
and the Soos Creek Cemetery. The property to the east is know as the Vanasek
property and is currently under City review for a proposed seven lot short plat
(SP-2005-39).
The southeastern area of this site is known as the Chaffeur property and
consists of the northern 110 feet of parcel number 222205-9099. While this
area is part of the subdivision and rezone boundary, the area will be used solely
for public stormwater facilities. In order to complete acquisition of the northern
110 feet of the Chaffeur property, the applicant has indicated that a lot-line
adjustment will be recorded. Recordation of this lot-line adjustment will be
required prior to final recordation of this subdivision.
F. History
The subject properties were annexed to the City of Kent on July 1, 1997 as part
of the 891 acre Meridian Valley annexation (Ordinance No. 3344). The zoning
designation of SR-4.5 and Comprehensive Plan designation of SF-6 was
established upon annexation. During the 2004 update of the City's
Comprehensive Plan, the Kent City Council maintained the SR-6 Comprehensive
Plan designation and the SR-4.5 zoning designation for this area of Kent.
A tentative subdivision meeting was held in February of 2006. At this meeting
the applicant and City representatives discussed code application issues and
likely conditions of approval associated with this project.
The current applications for subdivision and rezone of the subject site were
submitted to the City on April 20, 2006, and deemed complete on May 26,
2006. Based on City Staff's review of this project, one resubmittal of application
materials was required The final review of the proposal is based upon the
preliminary plat map stamped as Received by the City of Kent Permit Center on
March 11, 2006.
II. ENVIRONMENTAL CONSIDERATIONS
A. Environmental Assessment
While the applicant's SEPA application includes both a non-project analysis
(rezone) and project-specific (subdivision) analysis, the environmental review
for this project considered the rezone and plat proposals as part of a unified
project. A Mitigated Determination of Nonsignificance (#ENV-2006-30) for the
rezone and subdivision was issued on August 8, 2006 and revised on August 11,
2006. One condition related to mitigation of vehicle trips on the local roadway
network was associated with the MDNS.
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B. Significant Physical Features
Topography, Wetlands and Vegetation
The subject site is generally flat, with maximum slopes of 10%. The existing
grade of the site generally falls from northwest to southeast.
The applicant anticipates a balanced cut and fill, with up to 15,000 cubic yards
of material to be handled on site. No import or export of material is anticipated.
No wetland areas or other protected water features have been identified on the
subject site. However there is a 6,029 square foot category 3 wetland as
defined by Kent City Code Section 11.06 that directly abuts the southeastern
property boundary. This wetland was delineated by Barghausen Consulting
Engineers as shown in their report of March 2006. The 25-foot buffer associated
with this wetland extends onto the subject parcel. A copy of the delineation is
located in the Public Works Department, Engineering Division, in Wetland File
No, 05-37.
Deciduous and evergreen trees as well as grass have been identified on the
subject site and are scattered around the site in a manner that will likely require
some tree removal to allow for roadway and future home development.
C. Significant Social Features
1. Street System
The proposed development project is located within the Meridian
Annexation area of the City and will take its primary access from 132nd
Avenue Southeast. This Street is classified as a Minor Arterial Street with
Bike Lanes within the City's Comprehensive Plan. This street is not fully
constructed to current street standards. This street has an existing
public right-of-way width that varies from about 60-feet to about 75-feet
wide, while the asphalt street width is about 24-feet wide. The existing
street provides for two lanes of traffic, but does not include the following
other street improvement features: cement concrete curbs & gutters;
stormwater drainage system; cement concrete sidewalks; or a street
lighting system. The existing asphalt pavement section of this portion of
the street is inadequate to provide an expected 20-year service life and
is in need of an asphalt overlay/rebuild in order to maintain an
acceptable level of service while accommodating the increased volume
of trips being generated by this proposal.
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A second public street having frontage along the subject development is
Southeast 256th Street. This street is also classified as a Minor Arterial
Street with Bike Lanes within the City's Comprehensive Plan. This street
is not fully constructed to current street standards. This street has an
existing public right-of-way width of about 65-feet, while the asphalt
street width is currently about 24-feet wide. The existing street provides
for two lanes of traffic, but does not include the following other street
improvement features: cement concrete curbs & gutters; stormwater
drainage system; cement concrete sidewalks; or a street lighting system.
The existing asphalt pavement section of this portion of the street is
inadequate to provide an expected 20-year service life and is in need of
an asphalt overlay/rebuild in order to maintain an acceptable level of
service while accommodating the increased volume of trips being
generated by this proposal.
As stated in the SEPA decision document, the proposed subdivision
development will cause incremental but cumulative impacts to the
regional and local transportation system—demonstrated, in part, as
additional traffic congestion at the intersections of: 132nd Avenue SE at
SE 256th Street; 132nd Avenue SE at Kent Kangley Road; Kent Kangley
Road at 124th Avenue SE; Kent Kangley Road at 116th Avenue SE; SE
256th Street at 124th Avenue SE; SE 256th Street at 116th Avenue SE
This development is within an area which is characterized by streets with
narrow traffic lanes and narrow or no shoulders, and the area has been
identified as having substandard pedestrian facilities.
2. Water System
The site is located within Water District 111. The applicant has provided
a Certificate of Water and Sewer Availability from this agency.
3. Sanitary Sewer System
The site is located within the Soos Creek Water and Sewer District. The
applicant has provided a letter from this agency stating that the district
does not anticipate any difficulties in providing sanitary sewer service to
1 this site.
4. Stormwater System
A stormwater system will be necessary to accommodate the proposed
development. The applicant has submitted a preliminary drainage
analysis which supports the location and size of the proposed storm
drainage tract. Prior to development of the site the applicant will be
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required to submit complete drainage plans prepared in accordance with
the 2002 City of Kent Surface Water Design Manual and the 1998 King
County Surface Water Design Manual.
III. CONSULTED DEPARTMENTS AND AGENCIES '
The following departments and agencies were advised of these applications:
Chief Administrative Officer Police Department
Director of Public Works Fire Chief
Parks & Recreation Director City Clerk
City Attorney Kent School District
U.S. Post Master WA State Dept. of Ecology
Washington State DOT K. C. Wastewater Treatment
Puget Sound Energy King Co. Environmental Health
Qwest King Co. Transit Division
Soos Creek Water & Sewer Dist. Water District #111
In addition to the above, all persons owning property located within 300 feet of the site
were notified of the application and of the public hearing. Two public comment letters
were received regarding this application. The first from Mark Jones of 25215 13811'
Place SE and the second from Denise M. Glover and F. Glen Avantaggio who own
southerly adjoining property.
The letter from Ms. Glover and F. Glen Avantaggio relates to existing site runoff issues
that impact their property and requests that the City carefully evaluate _stormwater
runoff through the development review process. As noted in section C above, prior to
development of the site the applicant will be required to submit complete drainage
plans prepared in accordance with the 2002 City of Kent Surface Water Design Manual
and the 1998 King County Surface Water Design Manual. The standards contained
within these manuals will require the applicant to minimize off-site impacts by providing
facilities to collect and convey all roadway runoff to the proposed storm pond. Rooftop
runoff will be handled by on-site infiltration trenches.
The letter from Mr. Jones has 65 attached signatures from local residents. This letter j
primarily addresses local roadway connectivity issues associated with the Orme
Subdivision. A very similar letter was submitted for the Cedar Ponte Subdivision and
Vanasek short plat, which are currently under review. These three applications are
located in the in the area northeast of the 132"d Avenue/SE 256th Street intersection,
and have each been evaluated in terms of roadway connectivity options and
considering other surrounding development.
Mr. Jones indicates the Orme site does not meet street connectivity standards and
should be part of a roadway network that connects only to 132"d Avenue. Mr. Jones'
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comment essentially relates to unwanted cut-through traffic and states that the Orme
property should be part of a new local roadway configuration that diverts vehicle traffic
away from the existing neighborhood, which is accessed by SE 253rd Street and 139'
Avenue, located east of the Orme site However, since 2001, a number of subdivisions
have been approved around this northeast corner of SE 256th Street and 132"d Avenue.
The roadways associated with these subdivisions lend themselves to providing required
connectivity layout which serves many properties in the area, minimizes cut-through
opportunities and bypasses the Orme property. As the Orme property is located about
400 feet from the intersection, creating any connectivity between 132"d Avenue and
I 256th Street would present a very attractive cut through alternative to the 132"d
Avenue/ SE 256th Street intersection. Accordingly, staff is recommending approval of
the proposed configuration of the Orme Subdivision roadway.
Comments received from the above listed agencies and departments have been
incorporated in the staff report where applicable.
IV. PLANNING SERVICES REVIEW
A. Comprehensive Plan
The City of Kent has adopted a revised Comprehensive Plan pursuant to the
Growth Management Act (Ordinance #3698 — July 2004). The goals and
1 policies of the Comprehensive Plan represent an expression of community
intentions and aspirations concerning the future of Kent and the area within the
potential annexation area. The Comprehensive Plan is used by the Mayor, City
Council, Land Use and Planning Board, Hearing Examiner and City departments
to guide decision-making relative to development and capital facility spending.
The City of Kent Comprehensive Plan is comprised of eleven elements which
contain written goals and policies as well as a land use map. The proposed
subdivision and rezone supports several goals and policies in the Land Use
element, most notably goals LU-1 and LU-10, and policies LU 1.1, LU 9.1,
LU 9.4, and LU 12.2. The proposed plat is located near existing urban services
and infrastructure. The City supports the development of close-in vacant or
underdeveloped properties which limits further urban sprawl on the edges of
the planning area. In addition, in-fill development provides a more efficient
means of providing services and enhancing pedestrian mobility. Also, one of
the objectives of the Comprehensive Plan is to provide a wide variety of housing
types and opportunities to accommodate projected population growth without
converting single family lands to multifamily residential. Development of single
family subdivisions on underdeveloped, single family zoned land is consistent
with this objective.
The proposed rezone of the property from SR-4.5 to SR-6 is also consistent with
the Comprehensive Plan map designation of SF-6.
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Upon reviewing the subdivision map for the Orme Preliminary Subdivision
development, it has been determined that the proposed development will cause
incremental but cumulative impacts to the regional and local transportation
systems.
Additional incremental, but cumulative impacts will be created to stormwater
quantity, quality, detention and conveyance facilities, utility transmission
facilities, sanitary sewage and domestic potable water conveyance systems.
Compliance with City of Kent's 'Public Works Ordinance' and the State of
Washington's Growth Management Act will require concurrent improvement—or
the execution of binding agreements by the Owner / Subdivider with the City of
Kent, for participation in future public improvement projects-of roadways,
pedestrian and bicycle circulation systems, intersection and intersection traffic
signals, stormwater detention, stormwater treatment, and stormwater
conveyance, utility, sanitary sewage, and domestic potable water systems.
LAND USE ELEMENT
The Land Use Element of the plan contains a Land Use Plan Map, which
designates the type and intensity of land uses throughout the city, as well as in
the entire potential annexation area. The Land Use Plan Map designates the
subject property as SF-6, Single Family Residential which allows six units per
acre. In addition to the Land Use Plan Map, the Land Use Element also contains
goals and policies relating to the location, density, and design of future
development in the City and in the Potential Annexation Area.
Goal LU-1: Designate a Potential Annexation Area which will define
the City's planning area and projected city limits for the
next 20 years.
Policy LU-1.1: Provide enough land in the City's Potential Annexation
Area to accommodate the level of household growth
projected to occur in the next 20 years.
Policy LU-9.1: Where appropriate, establish urban residential densities of
at least four (4) units per net developable acre in order to
adequately support urban densities.
Policy LU-9.4: Locate housing opportunities with a variety of densities
within close proximity to employment, shopping, transit,
and where possible, near human and community services.
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Goal LU-10: Provide opportunities for a variety of housing types,
options, and densities throughout the City and the
Potential Annexation Area to meet needs of the region's
changing demographics.
Policy LU-12.2: Promote residential streetscape patterns which foster
more opportunities for pedestrians and community
interaction. Such measures include narrower paved
roadways, smaller front-yard setbacks, and a pattern of
streets, sidewalks and pathways that encourages
connectivity between neighborhoods.
Planning Services Comment:
The proposed rezone and subdivision are supported by relevant goals and
policies contained within the Land Use Element of the Comprehensive Plan. The
development proposed through this subdivision request seeks to establish
residential lots at a net density of approximately 6.7 units per acre, which is
sufficient to support urban services. The proposed location is easily served by
existing urban services and is in convenient proximity to commercial areas along
132"d Avenue. Also, the proposed rezone is consistent with the Land Use Plan
Map, which allows up to six dwelling units per gross acre on the proposed
Irezone parcel.
The primary goal of the housing element is to meet the current and future need
for housing in the Kent area. The ability to obtain affordable housing is
essential to a stable, healthy, and thriving community.
HOUSING ELEMENT
Goal H-2: Promote the organization and enhancement of
neighborhoods and provide the opportunity for
comfortable and well-maintained housing for all citizens.
Policy H-2.3: Provide an appropriate mix of housing styles and choices,
allowing for different types of housing from neighborhood
to neighborhood.
Policy H-2.5: Require developments to provide their fair share of on-
site and off-site improvements needed as a result of the
development.
Policy H-5.1: Expand the range of affordable housing choice available
to meet the needs of both current Kent residents and
residents projected in growth estimates.
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Policy H-5.2: Provide a sufficient amount of land zoned for current and
projected residential needs including, but not limited to,
assisted housing, housing for low income households,
single family housing, and small lot sizes.
Policy H-5.3: Promote diversity of housing types affordable to a range
of income levels and cultural/ethnic diversity.
Goal H-7: Encourage flexibility and innovative site and building
design for a variety of housing developments to expand
home ownership.
Policy H-7.5: Revise zoning and development standards to provide
options that increase the supply of affordable home
ownership opportunities such as small lot sizes, zero lot
lines, manufactured housing, townhouses, condominiums,
clustering, cottage and attached single-family housing.
Planning Services Comment
The proposed rezone and subdivision are supported by relevant goals and
policies contained within the Housing Element of the Comprehensive Plan. The
overall density for the project as mentioned above is proposed at an acceptable
level to support urban services, and supports projected population growth and
the changing demographics of the City. Appropriate services, including, but not
limited to, fire, police, medical services, neighborhood shopping and child care
are easily accessible to neighborhood residents upon development of the
subject property. The proposed rezone increases the amount of land zoned for
current and projected residential needs including single family housing and
smaller lot sizes.
TRANSPORTATION ELEMENT:
Goal TR-1: Coordinate land use and transportation planning to meet the
needs of the City and the requirements of the Growth
Management Act.
Policy TR-1.2: Coordinate new commercial and residential development in
Kent with transportation projects to assure that
transportation facility capacity is sufficient to accommodate
the new development, or a financial commitment is in place
to meet the adopted standard within six years, before
allowing it to proceed.
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Planning Services Comment:
The Growth Management Act requires consistency between land use and
transportation planning. As noted, the Land Use Plan identifies the area of the
rezone as SF-6 Single Family Residential. The Public Works Department has
identified improvements to the local transportation network necessary to
accommodate the proposed higher density. These improvements will be
required through the conditions of approval proposed for this subdivision
B. Standards For Granting Subdivision
The purpose of the City of Kent Subdivision Code is to provide rules,
regulations, requirements, standards and procedures for subdividing land in the
City of Kent, ensuring that the highest feasible quality in subdivisions will be
attained; that the public health, safety, general welfare, and aesthetics of the
City of Kent shall be promoted and protected; that orderly growth,
development, and the conservation, protection and proper use of land shall be
promoted; that proper provisions for all public facilities, including connectivity,
circulation, utilities, and services shall be made; that maximum advantage of
site characteristics shall be taken into consideration; and that the process shall
be in conformance with provisions set forth in the City of Kent Zoning Code and
Kent Comprehensive Plan (KCC 12.04.015).
The procedures regulating subdivisions are established to ensure quality
development which promotes orderly and efficient growth, the conservation and
proper use of land; protects the public health, safety, general welfare, and
aesthetics of the city; makes adequate provisions for public facilities in
conformance with provisions set forth in KCC Title 15, Zoning, and the Kent
Comprehensive Plan; and complies with the provisions of this chapter and
Chapter 58.17 RCW (KCC 12.04.600).
No subdivision shall be approved unless the following principles of acceptability
are met; the subdivision shall:
1. Create legal building sites which comply with all provisions of KCC Title
15, Zoning, and health regulations;
2. Establish access to a public road for each segregated parcel;
3. Have suitable physical characteristics; a proposed plat may be denied
because of flood, inundation or wetland conditions; slope, soil stability
and/or capabilities; or the construction of protective improvements may
be required as a condition of approval;
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4. If adjacent to another municipality or King County, take into
consideration the subdivision standards of that jurisdiction as well as the
requirements of this chapter;
5. Make adequate provision for stormwater detention, drainageways, water
supplies, sanitary wastes, and other public utilities and services, as
deemed necessary;
6. Make adequate provision for the connectivity of streets, alleys, pedestrian
accessways and other public ways (KCC 12.04.635).
As evidenced by the General Information in Section I. and the following
responses to the criteria for approving subdivisions, the proposal is in general
conformance with the Kent Subdivision Code.
Furthermore, Section 12 04.685 of the Kent Subdivision Code indicates that a
subdivision shall not be approved unless the City finds that:
1. Appropriate provisions have been made for:
a. The public health, safety and general welfare of the community,
The proposed plat is consistent with the Comprehensive Plan
designation of SF-6. The proposed density and lot dimensions are
consistent with the respective zoning districts, as proposed
through this application.
b. Protection of environmentally sensitive lands and habitat;
A Mitigated Determination of Nonsignificance (ENV-2006-30) for
this development proposal as well as for the proposed rezone
was issued on August 8, 2006, then revised on August 11, 2006.
The condition of this determination requires the applicant to
provide mitigation for traffic impacts created by the proposed
development.
C. Open spaces;
Provisions for open space will be made through payment of a fee
in lieu of dedication of on-site open space as discussed in section
d. below.
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d. Community parks and recreation;
The Parks Department has commented that the proposed
subdivision does impact existing park facilities. No open space is
shown on the site plan for this project. The owner/applicant
will be required to pay a fee in lieu of dedication of land pursuant
to Section 12.04.780. This fee is based on the value of the
subject land at the time of application for preliminary subdivision
approval. As this application was deemed complete in May of
2006, land values from that date have been used to determine
that a fee of $24,589.43 will be required in lieu of dedication of
open-space within the proposed plat (based on the values
provided by the King County Department of Assessments).
e. Neighborhood tot lots and play areas;
Provisions for these areas will be accomplished by the fee paid
under section d. above.
f. Schools and school grounds;
The subject property lies within the Kent School District.
Pursuant to KCC 12.13.160, a school impact fee (currently
assessed at $4,775 per single family residence) will be assessed
in association with the subdivision of land. The impact fee will be
assessed and collected for each individual lot at the time of
construction permit issuance and will be based upon the adopted
impact fee at that time.
g. Drainageways;
Each individual residence will be required to provide on-site
infiltration as well as an overflow connection to an approved
conveyance system.
h. Stormwater Detention;
iThe City of Kent Public Works Department has reviewed the
incremental increase in impervious area and determined the
proposed stormwater system to be adequate.
i. Connectivity of sidewalks, pedestrian pathways, traffic calming
features and devices, and other planning features that assure
safe walking conditions within and between subdivisions for
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residents and students who walk to and from schools, parks,
transit stops and other neighborhood services;
Sidewalks will be required along both sides of the proposed
public streets and along 132nd Avenue.
j. Connectivity of streets or roads, alleys, pedestrian accessways,
and other public ways within and between subdivisions and
neighborhoods;
Surrounding development to the north and south of the site
make connections to these properties infeasible. Also this
property's proximity to the intersection of 132nd Avenue SE/SE
256th Street makes connectivity that would provide a cut-through
opportunity for drivers to avoid this nearby intersection
undesirable. Other planned connections to achieve roadway
connectivity in this area are located in the immediate vicinity.
k. Transit stops;
King County Metro routes 164 and 168 run along SE 256 h Street
and 132nd Avenue SE. The intersection of these two streets is
located about 400 feet south of the subject site.
I. Potable water supplies;
All homes within the proposed plat will be connected to water
service provided by Water District #111.
M. Sanitary wastes;
All homes within the proposed plat will be connected to sanitary
sewer service provided by the Soos Creek Water and Sewer
District. The applicant has indicated the sewer system
improvements associated with this proposal will ultimately
connect to the Vanasek Short Plat sewer system, located
immediately east of the site.
n. Other public utilities and services, as deemed necessary:
Power and natural gas lines will be installed during plat
construction. Garbage service will be established by the
individual residents.
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t 2. The city has considered all other relevant facts; and determined that the
proposed plat will be in conformance with all of the criteria listed above.
3. The public use and interest will be served by the platting of such
subdivision and dedication.
4. The City has considered the physical characteristics of the proposed
subdivision site and may deny a proposed plat because of flood,
inundation, or wetland conditions; slope, or sod stability and/or capabilities.
Construction of protective improvements may be required as a condition of
approval, and such improvements shall be noted on the final plat
C. Zoning Code
1. Feasibility of Development
If the proposed rezone from SR-4.5 to SR-6, Single Family Residential is
approved, development on all lots in the proposed subdivision will be
1 subject to Zoning Code requirements in the SR-6, Single Family
Residential zoning district. All proposed lots within the subdivision area
meet the minimum lot size and width requirements for the SR-6, Single
Family Residential district.
Numerous significant trees are located on the site. Zoning regulations
encourage the retention of significant trees where roads, utilities, and
site improvements are not proposed. Tree retention plans will be
required for the plat and development of each lot where trees are
located (per KCC Section 15.08.240).
2. Criteria for Granting a Request for Rezone
rThe following standards and criteria (Kent Zoning Code, Section
15.09.050) are used by the Hearing Examiner and City Council to
evaluate a request for a rezone. Such an amendment shall only be
granted if the City Council determines that the request is consistent with
these standards and criteria.
a. The proposed rezone is consistent with the Comprehensive Plan.
' Planning Services Comment
The current Comprehensive Plan Designation for the properties involved
in this preliminary plat and rezone request is SF-6, Single-Family
Residential, six dwelling units per acre. The current zoning of the site is
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SR-4.5, Single-Family Residential, 4.5 dwelling units per acre. The
proposed rezone seeks to amend the zoning from SR-4.5 to SR-6, which
will bring the site into conformance with the SF-6 Comprehensive Plan
designation.
b. The proposed rezone and subsequent development of the site
would be compatible with development in the vicinity.
Planning Services Comment
The proposed rezone and subsequent development of the Orme
property is compatible with development in the area. The proposed use
of the Orme property will be 26 detached single-family residential
homes. This use is compatible with surrounding uses that are
predominantly residential in nature. The property to the north was
developed in King County's jurisdiction and is known as Heather Glen
Estates, which is a single-family residential development. Adjacent
properties to the east are developed with single-family residential homes
on lots greater than 1/4 acre in size, properties to the west (across
132nd Avenue S.E.), and properties to the south are developed with
single-family residential homes, and the Suisse Creek Cemetery.
Recently approved and proposed developments in the vicinity of the
proposed project include: Tahoma Vista (SU-2001-6), which is located
less than 1/4 mile to the north, the proposed rezone and subdivision of
Cedar Point (SU-2005-15), and the proposed Kent 256th Short Plat (TSP-
2005-41) located in the southwest corner of the intersection of S.E.
256th Street and 135th Avenue S.E. The Canary Hill Subdivision and
Rezone (SU 2005-3 and RZ-2005-8) and proposed Vanasek Short Plat
(SP-2005-39) are located within approximately 1/4 mile east of the Orme
site.
The recently approved and/or constructed development in the j
immediate vicinity can be characterized as medium density- single family
development. Development of the Orme site to the SR-6 zoning
standards will produce single family housing consistent with this
characterization.
C. The proposed rezone will not unduly burden the transportation t
system In the vicinity of the property with significant adverse
impacts which cannot be mitigated.
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Planning Services Comment
The proposed rezone will not generate additional traffic in and of itself.
Development of the preliminary plat will generate approximately 26 p.m.
peak hour trips. A new public road intersecting with 132nd Avenue S.E.
will provide the primary access to the individual lots within the proposed
plat. In addition, half-street improvements will be constructed along
132nd Avenue and along S.E. 256th Street along the project's frontage.
Also, as a means to mitigate traffic impacts, the developer will be paying
the required corridor mitigation fee for the 272nd/277th Street corridor
that was constructed by the City of Kent. These improvements and the
corridor mitigation fee will successfully mitigate the incremental but
cumulative impacts generated by proposed project.
d. Circumstances have changed substantially since the
establishment of the current zoning distract to warrant the
proposed rezone.
Planning Services Comment
The existing zoning classification of SR-4.5 and the Comprehensive Plan
Designation of SF-6 have been in place since the subject property and
surrounding area was annexed into the City of Kent in the late 1990s.
During that time, the 272nd/277th Street corridor was in the
construction phase and was designed to handle some of the anticipated
growth in the East Hill area of Kent. The subject property is located
within the 272nd/277th corridor mitigation area and it is assumed that
much of the traffic generated by the Orme property will utilize that
corridor. In addition to the 272nd/277th Street corridor, S.E. 256th
Street between 116th Avenue S.E. and 132nd Avenue S.E. has been
widened to include S.E. 240th Street north of the subject property. All
of these road improvements have increased the capacity of the
transportation system serving this portion of Kent's East Hill.
It should also be noted that the plat of Tahoma Vista (SU-2001-6)
located less than 1/4 mile north of the project site received preliminary
plat approval, as well as a rezone from SR-4.5 to SR-6. A neighboring
plat to the east of Tahoma Vista known as Cedar Point (TSU-2005-15) is
in for preliminary plat and rezone from SR-4.5 to SR-6.
e. The proposed rezone will not adversely affect the health, safety
and general welfare of the citizens of the City of Kent.
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Planning Services Comment
The proposed rezone will not impact the public health, safety, and
general welfare of the citizens of the City of Kent. The proposed rezone
is consistent with the Comprehensive Plan as adopted by the City
Council. Development in this area has been anticipated at a density of
six dwelling units per acre. Subsequent development of the Orme
property will include 26 lots. The existing on-site well will be abandoned
per Washington State Department of Ecology standards. This plat has
been designed to comply with all aspects of the City Code, thereby
preserving the integrity of the health, safety, and general welfare of the
community.
D. Consistency AnalM
The proposed rezone and subdivision are consistent with the goals and policies
of the City of Kent Comprehensive Plan.
1. Type of Land Use Allowed
The development of single family home sites is a principally permitted
use on land zoned SR-4.5 and SR-6, Single Family Residential.
2. Level of Development Allowed
The proposed subdivision of approximately 5.6 acres into 26 building
sites is consistent with the designated Comprehensive Plan designation
of SF-6 Single Family/6 units per acre and with the zoning designation of
SR-6 (pending the outcome the proposed rezone).
3. Adequacy of Infrastructure
The proposed subdivision will place increased demands on existing
transportation, water and sanitary sewer systems in the general vicinity.
The project will also result in a significant net increase of impervious
surface area on the parcels involved. When fully developed, the impact
of 26 new homes being occupied will result in an estimated 260 daily
and 26 new PM peak hour trips to the local street system.
The effects on the domestic water supply, sanitary sewer service,
stormwater run-off, conveyance, storage, treatment and discharge and
transportation impacts have been analyzed through the subdivision
review as well as the SEPA process and associated MDNS.
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' 4. Characteristics of the Proposed Subdivision
The proposed subdivision, as presented, appears to be in general
conformance with the Kent City Code with respect to the required
minimum lot area, minimum lot width and access to a public right of
way.
E. Proposed Findings
Planning Services has reviewed these applications in relation to the
Comprehensive Plan, zoning, land use, street system, flood control problems
and comments from other departments and finds that:
1. The Kent Comprehensive Plan Land Use Map designates this site SF-6,
Single Family Residential, 6 units per acre maximum density.
2. The site is currently zoned SR-4.5 Single Family Residential. If RZ-2006-
30 is approved, this site will be zoned SR-6, Single Family Residential
and subject to the development standards which include 5,700 square
foot minimum lot size and 50 foot minimum lot width.
3. Current land uses in the immediate area are predominantly low and
medium density single family residential.
4. A Tentative Plat meeting was held for the proposed subdivision February
2006 (#TSU-2006-3).
I 5. A Mitigated Determination of Nonsignificance was issued for the plat on
August 8, 2006, and revised on August 11, 2006 (#ENV-2005-58).
6. There are significant trees of six inch or greater caliper located on the
property.
7. The site has access to 132nd Avenue SE.
8. The subject property would receive water service from Water District
#lilt
9. The subject property would receive sewer service from the Soos Creek
Water and Sewer District.
t
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V. CITY STAFF RECOMMENDATIONS
1. ZONING MAP AMENDMENT (#RZ-2006-6)
Upon review of the merits of this request and the Code criteria for granting a
rezone, the City staff recommends APPROVAL without conditions of the Orme
rezone.
2. PRELIMINARY SUBDIVISION (#SU-2006-3)
Based on the merits of this request and the code criteria for granting a
preliminary subdivision, staff recommends APPROVAL of the proposed Orme
preliminary plat subject to the following conditions
A. PRIOR TO RECORDING THE PLAT FOR THIS SUBDIVISION:
1. The Owner / Subdivider shall pay all Charges in Lieu of
Assessments and/or Latecomer Fees, if any, prior to scheduling
the Pre-Construction Conference and/or prior to recording this
plat, whichever comes first.
2. The Owner / Subdivider shall provide Public Works with a digital
plat map prepared with a CAD program. The digital information
can be formatted in either *.DWG (AutoCad) or *.DXF (Drawing
Exchange File), but must be based upon State Plane
coordinates: an assumed coordinate system is not
permitted. The State Plane Coordinates shall be on the NAD
83/91 datum and must relate to at least two City of Kent
reference points within one half mile of the subdivision. In
addition, the project shall be tied into at least two City of Kent
NAD 88 vertical benchmarks and two additional permanent
benchmarks shall be established within the project. The
locations, descriptions and elevations of these benchmarks will be
reported at the time as-built drawings are submitted along with
field notes sufficient to verify the required precision.
3. The Owner / Subdivider shall measure a 25-foot buffer from the
surveyed wetland boundary located on the property to the east,
and the buffer boundary shall be surveyed by a Licensed Land
Surveyor. This buffer and the required 15-foot Building Setback
Line (BSBL) shall be shown on all site plans.
4. The Owner / Subdivider shall submit and receive City approval of
a Wetland Buffer Restoration Plan prior to issuance of permits.
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An existing driveway along the eastern property boundary is
located within the wetland buffer. The driveway will no longer
serve as an access to the existing house, but is proposed to be
used as a storm pond maintenance access. Pavement in a buffer
meets the definition of "Degraded Buffer," according to KCC
11.06.227. Pursuant to KCC 11.06.600.D, degraded buffers shall
be restored during development pursuant to an approved
restoration plan, that will involve removal of the driveway and
planting with native plants. A storm pond maintenance access
shall be located in an alternative location outside the wetland
buffer.
1 5. The Owner / Subdivider shall submit and receive City approval of
engineering drawings from the Department of Public Works, and
shall then either construct or bond for the following:
a. A public gravity sanitary sewer system to serve all lots.
This development will be served by the Soos Creek
' Water & Sewer District and will be constructed to Soos
Creek Water & Sewer District standards and
specifications.
The septic system serving the existing home(s) within
the proposed subdivision - if any - shall be abandoned in
accordance with King County Health Department
Regulations.
b. A public water system meeting domestic and fire flow
requirements for all lots.
This development will be served by Water District #111
and will be constructed to Water District #111 standards
and specifications.
Existing wells — if any - shall be decommissioned in
accordance with the requirements of the Department of
Ecology.
C. A stormwater system. The Engineering Plans must meet
the minimum requirements of the City of Kent
Construction Standards and 2002 City of Kent Surface
Water Design Manual (KSWDM). Initial guidance for the
Engineering Plans is given below (See Chapter 2 of
KSWDM for detailed submittal requirements):
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(1) The Engineering Plans will include at a minimum: t
Site improvement plans which include all plans,
details, notes and specifications necessary to
construct road, drainage, and other related
improvements. The engineering plans shall include
a technical information report (TIR) which
contains all the technical information and analysis
to develop the site improvement plans.
(2) An erosion and sedimentation control (ESC) plan
shall be included in the engineering plans. The
ESC shall meet the requirements of the City of
Kent Construction Standards, and the 2002 City of
Kent Surface Water Design Manual. These plans
must reflect the Detailed Grading Plan discussed
below, and the Planning Services approved
Detailed Tree Plan.
(3) The retention / detention and release standard i
that will be met by the subdivision is Level Two. ■
The water quality menu that will be met by the
subdivision is the Resource Stream Protection
Menu.
The portion of the plat marked "Tract C" located
south of Lot 14 and the property directly east and
adjacent to Lot 14 shall be included in the sizing of
the proposed stormwater facility for pre and post
developed area.
East of Lot 14 on the adjacent property, the
existing open drainage feature noted as "EX.
POND OVERFLOW ROUTE" with the new catch
basin and new storm drain pipe shall be placed in
a 15-foot wide drainage easement. This easement
area shall be planted with native plantings to
prevent erosion and sedimentation.
To maintain hydrology to the existing wetland
located east of Tract D, stormwater flows from the
pond and from the above described open drainage
feature shall be conveyed east across Tract D at
the location of the existing culvert and into the >�
wetland area.
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(4) The site improvement plans and technical
information report will contain drainage
calculations and a drawing of the retention /
detention pond tract at an appropriate engineering
scale to show that the proposed on-site or off-site
retention / detention tract is large enough to
contain the required minimum stormwater storage
volume and water quality facility. The site
improvement plans will also show that all required
stormwater management facilities will be outside
of delineated wetlands and their buffers, as well
as outside of creeks and rivers and their buffers.
(5) A downstream analysis is required for this
development, and it will include an analysis for
capacity, erosion potential, and water quality.
Refer to the requirements of Technical
Information Reports in Section 3: "Offsite
Analysis", of the 2002 City of Kent Surface Water
Design Manual for the specific information
required for downstream analyses.
(6) Roof downspouts for each roofed structure
(house, garage, carport, etc.) shall be diverted to
a Roof Downspout Infiltration System meeting the
requirements of section 5.4.5, Infiltration
Trenches, of the 1998 Surface Water Design
Manual. These roof downspout conveyance and
infiltration systems shall include overflow pipes
connected to an approved dispersion system. The
drainage plans shall include an approved detail for
the roof downspout infiltration system. The face of
the recorded plat shall contain the following
restriction:
AS A CONDITION OF BUILDING PERMIT
ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS
OF THIS SUBDIVISION MUST PROVIDE ROOF
DOWNSPOUT INFILTRATION SYSTEMS PER
DETAILS SHOWN ON THE APPROVED PLANS.
(7) If determined necessary by the Public Works
Department following review and approval of the
required downstream analysis, the Owner /
Subdivider shall provide public drainage
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easements meeting the requirements of the City
of Kent Construction Standards for the specified
downstream reach where adequate public
drainage easements do not currently exist.
(8) The Owner / Subdivider shall submit Landscape
Plans for within and surrounding the retention /
detention facility to the Planning Department and
to the Department of Public Works for concurrent
review and approval prior to, or in conjunction
with, the approval of the Engineering Plans These
Landscape Plans shall meet the minimum
requirements of the City of Kent Construction
Standards, and the stormwater management
landscaping requirements contained within the
1998 King County Surface Water Design Manual.
Landscape Plans are required to show adjacent
Street Trees so that the City arbonst can assess
potential adverse stress upon all types of
vegetation.
(9) The Owner / Subdivider shall execute Declaration
of Stormwater Facility Maintenance Covenants for
the private portions of the drainage system
prepared by the Property Management Section of
the Department of Public Works. See Reference 8-
F, Declaration of Stormwater Facility Maintenance
Covenant, to the 2002 City of Kent Surface Water
Design Manual for information on what is
contained within this document.
d. A Detailed Grading Plan for the entire subdivision meeting
the requirements of the City of Kent Construction
Standards, and City of Kent Development Assistance
Brochure #1-3, Excavation and Grading Permits &
Grading Plans. Initial guidance for these plans is given
below:
(1) These plans will include provisions for utilities,
roadways, retention / detention ponds,
stormwater treatment facilities, and a building
footpad for every lot.
(2) These plans shall be designed to eliminate the
need for processing several individual Grading
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Permits upon application for Building Permits:
phasing of grading on a lot-by-lot basis will not be
considered
(3) These plans will use a 2-foot maximum contour
interval, and every fifth contour line will be darker
and wider in conformance to standard drafting
practice.
e. A Final Buffer Restoration Plan meeting the requirements
of Kent City Code Chapter 11.06. If grading is a part of
the Final Buffer Restoration Plan, all grading shall be
included on the grading plan for the entire site, including
buffers and appropriate Building Setback Lines.
I
f. Interim Street Improvement Plans for 132"d Avenue Southeast. These Interim Street Improvement Plans shall
meet the requirements of the City of Kent Construction
Standards, and City of Kent Development Assistance
Brochures#6-2, Private and Public Street Improvements,
and # 6-8, Street Improvement Plans, for a street
designated as a Minor Arterial Street with Bike Lanes
within the City of Kent Comprehensive Plan. Initial
guidance for the necessary interim street improvements is
given below.
(1) Combined vertical concrete curbs & gutters, and a
10-foot cement concrete sidewalk along the east
side of the street.
(2) A minimum of 33-feet of Hot Mix Asphalt (HMA)
pavement as measured from the face of curb on
the east side of the street to the approved
roadway centerline, plus an additional 12-feet of
HMA pavement as measured from the approved
centerline to the west side of the street, plus a
City approved shoulder on the west side of the
street. The entire HMA pavement width shall be
provided with the pavement section required for a
Minor Arterial Street having 20-year service life as
determined by the process identified in the City of
Kent Development Assistance Brochure #6-2,
Private and Public Street Requirements.
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Channelization Plans will be required with the
Street Improvement Plans for this development.
The required pavement tapers necessary to
provide the left turn lane on 132nd Avenue
Southeast will require off-site street
improvements necessary to provide a minimum
50 foot long left turn storage pocket and a 100-
foot opening at the entrance to the development,
together with necessary transition tapers back to
the existing two lane roadway.
(3) A City-owned street lighting system.
(4) Public stormwater conveyance, detention and
treatment facilities as applicable.
(5) Street Trees installed within tree wells with grates
in the cement concrete sidewalk. These Street
Trees will be located as approved by the Public
Works Department, and the species shall be
selected from the Approved Street Tree List
contained within City of Kent Development
Assistance Brochure #14, City of Kent Street
Trees.
(6) Additional right-of-way as necessary to provide a
total of 47 feet from the centerline shall be
dedicated to the City
g. Street Improvement Plans for the new public Residential
Street connected to 132"d Avenue Southeast. The Street
Improvement Plans for this street shall be designed in
conformance to the requirements for a Residential Street
as required by City of Kent Construction Standards, and
City of Kent Development Assistance Brochure #6-2,
Private and Public Street Improvements and Qty of Kent
Development Assistance Brochure # 6-8, Street
Improvement Plans for a street 28-feet wide. Initial
guidance for these street improvements is given below:
(1) Combined vertical curb & gutter, a 5-foot wide
planting strip constructed between the back of
curb and the front of the sidewalk, and then a 5-
foot wide cement concrete sidewalk along both
sides of the street.
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(2) A minimum of 28-feet of Hot Mix Asphalt (HMA)
pavement, as measured from face of vertical curb
to face of vertical curb. Parking will be restricted
to one side only.
(3) A street lighting system designed to the City's
standards, constructed and maintained by the
IntoLight Division of Puget Sound Energy; all
electrical and maintenance bills shall be paid for
by the Home Owner's Association created for this
subdivision.
(4) A public stormwater drainage system, including
provisions for collection, conveyance, detention,
and treatment facilities.
(5) Curb return radii of 25-feet at the intersection of
the subdivision street with 132"d Avenue
Southeast; and a 45-foot radius to the face of
vertical curb for the cul-de-sac bulb.
(6) Street Trees installed within the 5-foot wide
planting strips. These Street Trees will be located
as approved by the Public Works Department, and
the species shall be selected from the Approved
Street Tree List contained within Gty of Kent
Development Assistance Brochure #14, Clty of
IKent Street Trees
h. Street Lighting Plans for all public streets meeting the
requirements of the City of Kent Construction Standards,
and City of Kent Development Assistance Brochure #6-1,
Street Lighting Requirements
6. The Owner / Subdivider shall create a Homeowner's Association
for this subdivision to ensure that the property owners within this
subdivision are advised of their obligation to pay for the energy
and maintenance required for the street lighting system installed
in their development. Those sections of the required document
written to govern that association as they relate to any IntoLight
Division of Puget Sound Energy street lighting systems, shall be
reviewed and approved by the Department of Public Works, prior
to the recording these documents.
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7. Direct vehicular access to and from lots having frontage along
132°d Avenue Southeast is prohibited, and the face of the final
plat will carry the following restriction:
DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING '
FRONTAGE ALONG 132ND AVENUE SOUTHEAST IS PROHIBITED.
ACCESS FOR THESE LOTS IS RESTRICTED TO THE NEW
RESIDENTIAL STREET SHOWN ON THE FACE OF THE PLAT.
8. The Owner / Subdivider shall deed all public rights-of-way, and
otherwise convey all private and public easements necessary for
the construction and maintenance of the required improvements
for this subdivision development.
9. The Owner / Subdivider shall permanently protect the approved
and preserved, and/or enhanced, or created sensitive area(s) and
the associated buffer(s) by creating a separate Sensitive Area
Tract and deeding the tract in fee simple to the City, OR by
granting a Sensitive Area Easement to the City for the entire
sensitive area, pursuant to Kent City Code Chapter 11.06. This
Sensitive Area Tract or Easement shall be consistent with the
wetland and wetland buffer map contained within the approved
Wetland Delineation Report and/or approved Wetland Mitigation
Plan as appropriate. The Owner / Subdivider shall provide a legal
description of said easement or tract prepared by a licensed land
surveyor, prior to issuance of any Construction Permits. The
Sensitive Area Tract and the following language shall be included
on the face of the recorded plat:
SENSITIVE AREA TRACTS / EASEMENTS
DEDICATION OF A SENSITIVE AREA TRACT / EASEMENT
CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE
LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE
PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES ,
THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE,
INCLUDING CONTROL OF SURFACE WATER AND EROSION,
MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL
BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT
ECOLOGY AND WILDLIFE HABITAT. THE SENSITIVE AREA
TRACT / EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE
OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE
TRACT / EASEMENT THE OBLIGATION, ENFORCEABLE ON
BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE
UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN
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THE TRACT. THE VEGETATION WITHIN THE TRACT MAY NOT
BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED
WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT.
THE COMMON BOUNDARY BETWEEN THE TRACT / EASEMENT
AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED
OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY
OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING
CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE
REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE
UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE
SENSITIVE AREA TRACT ARE COMPLETED.
1 NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR
OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO
OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15
FEET OF THE SENSITIVE AREA TRACT / EASEMENT BOUNDARY,
UNLESS OTHERWISE APPROVED BY THE CITY.
THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC
UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA
TRACT, AND TO ENTER AND PERFORM DRAINAGE SYSTEM
MAINTENANCE, BUT IS REQUIRED TO RESTORE OR ENHANCE
THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF
THE UNDERGROUND CONSTRUCTION, AND/OR DRAINAGE
SYSTEM MAINTENANCE. THE CITY OF KENT ALSO RESERVES
THE RIGHT TO ENHANCE THE SENSITIVE AREA TRACT OR
EASEMENT VIA PLANTING NATIVE VEGETATION AND
REMOVING NON-NATIVE OR INVASIVE VEGETATION.
10. After construction, the wetland and /or streams and their
associated buffer areas shall be isolated from intrusion by
installing a permanent wildlife-passable fence (split-rail cedar). In
addition, wetland/sensitive area information signs approved by
the Department of Public Works shall be placed at the buffer
edge to inform and educate owners and nearby residents about
the value of wetlands/sensitive areas.
11 Prior to release of any construction bonds, and prior to the
approval of any Building Permits within the subject subdivision,
the Department of Public Works must receive and approve As-
Built Drawings meeting the requirements of the City of Kent
Construction Standards, and City of Kent Development Assistance
Brochure #E-1, As-Build Drawings, for: Streets; Street Lighting
System; Water; Sewer; Stormwater Drainage Facilities; and all
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off-site improvements where the locations and/or elevations are
deemed critical by the Department of Public Works.
12 The applicant/owner shall provide mailbox clusters as approved
by the Public Works Department and the U.S. Postmaster.
13. The applicant/owner shall record a lot line adjustment to
incorporate the northern 110 feet of parcel number 2222059099
(Chaffeur property), as shown on the preliminary plat map into
either parcel number 222205-9098 or 222205-9058.
B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN
THIS SUBDIVISION, THE OWNER / SUBDIVIDER SHALL:
1. Record the final plat.
2. Construct all of the improvements required in Section A, above,
and pay the respective fees-in-lieu-of including any mitigation
(EMA or EMF) charges.
3. Receive approval of the required As-Built Drawings for Street,
Street Lighting, Water, Sewer, and Stormwater Management
Facilities as deemed appropriate by the Department of Public
Works.
4. Construct all wetland mitigation plans, wetland and stream buffer
plans, install all required wildlife passable fences and any other
conditions to protect or enhance critical areas unless otherwise
approved by the Public Works Department.
KENT PLANNING SERVICES
September 20, 2006
MG:Im\S:\Permit\Plan\longplats\2006\2062013-2006-3staffrpt doc
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Z�lcNT
WhSHINGTVN
CITY OF KENT
REVISED
MITIGATED DETERMINATION OF NONSIGNIFICANCE
' Environmental Checklist No. #ENV-2006-30 Project ORME SUBDIVISION&REZONE
#RPSA-2062010
Description The applicant proposes to rezone and subdivide two existing tax lots totaling 5.67 acres
into 26 single family residential lots The rezone proposes to change the zoning
designation of the site from SR-4.5 Single Family Residential to SR-6 Single Family
Residential. The SR-6 designation is consistent with the City's Comprehensive Plan
designation of the site as SF-6, Single Family-6 units/acre.
An on-site, public stormwater pond is proposed to manage runoff associated with the
new development. A new public roadway will be constructed that will connect to SE
132nd Avenue SE. All buildings currently on the site will be removed in conjunction with
site development. No environmentally sensitive lands have been identified on the site.
Location The subject property is located at 25410 132"d Avenue SE. The subject parcels are
identified by APNs 222205-9058 and 222205-9098.
Applicant Damien Hooper
Barghausen Engineers
18215—72" Ave South
Kent WA 98032
Lead Agency CITY OF KENT
The lead agency for this proposal has determined that it does not have a probable significant adverse impact
on the environment An environmental impact statement(EIS) is not required under RCW 43.21C 030(2)(c).
This decision was made after review of a completed environmental checklist and other information on file with
the lead agency. This information is available to the public on request.
There is no comment period for this DNS.
X This revised MDNS is issued under 197-11-340(2). The lead agency will not act on this
proposal for 28 days from the date of t4e_the original decision, this includes a 14-day
comment period followed by a 14-day appeal period as provided by WAC 197 11 680.
' Comments must be submitted by August 22, 2006.
Responsible Official Kim Marousek, AICP
Position/Title SEPA OFFICIAL
Address 220 S Fourth Avenue, Kent, WA 98032 Telephone (253)856-5454
August 11. 2006
Dated Aaetr5E2996 Signature
APPEAL PROCESS: AN APPEAL OF A DETERMINATION OF NONSIGNIFICANCE (DNS) MUST BE MADE TO
THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) FOLLOWING THE END OF THE COMMENT PERIOD
REVISED Mitigated DNS i
Orme Subdivision &Rezone
#ENV-2006-30 #2062010
PER KENT CITY CODE 11.03.520.
CONDITIONS/MITIGATING MEASURES:
1. The Owner/Subdivider shall provide the City's Traffic Engineer with a Traffic Impact Study(TIS) to
identify the existing and future level-of-service(LOS)for the adjacent intersections and the existing
and future V / C ratios for the adjacent City street network with the first submittal for any
Construction Permits The TIS shall specifically identify all intersections currently at or below City
standards, or estimated to be at or below City standards due to the increased traffic volumes
reasonably expected from the development; and all adjacent streets at or above the V / C ratios
established for that Mobility Management Zone.
The TIS shall then identify what improvements are necessary to provide a LOS better than or equal ,
to City standards for all intersections to completely mitigate the existing or development impacts
thereon. The TIS shall also identify what improvements are necessary to completely mitigate the
adjacent streets which do not meet the V / C requirements of the City of Kent's Concurrency
Management Ordinance, Chapter 12 11 of the Kent City Code. Upon agreement by the City with the
findings of the study and mitigation measures outlined in the study, implementation and/or
construction of said mitigation measures shall be the conditional requirements for the issuance of the
respective development Construction Permits.
OR
In lieu of submitting the TIS required above and then providing the mitigation measures identified in r
the approved study, the Owner / Subdivider may instead pay an Environmental Mitigation Fee to
participate in, and pay a fair share of the construction costs of the City's South 272"d Street/ South
277th Street Corridor Project.The minimum benefit to the Owner/Subdivider is estimated at$27,768
(1986 dollars to be adjusted for rezones, and for inflation based upon the Consumer Price Index,
United States City Average for all Urban Consumers, or the substituted index as prepared by the
United States Department of Labor) based upon
_-re 24 new
PM Peak Hour Trips(at the half-rate of$1068per Peak Hour Trio), plus 1 new PM Peak Hour Trip(at
the full-rate of$2136 per Peak Hour Trip) and the capacity of the South 272Id Street/ South 2771h
Street Corridor.
a. The final benefit value will be determined based upon the total number of lots approved
upon the final plat(minus one for the existing home which will be removed) multiplied times
$1068 (in 1986 dollars and adjusted for rezones and for inflation as described above.)
b. The Owner of each lot shall pay their incremental financial obligation of$1028.44 (in 1986
dollars and adjusted for rezones and for inflation as described above) in full prior to issuance
of a Building Permit for that lot.
C. The payment of said Environmental Mitigation Fee and the traffic related conditions given ,
within this document, will serve to mitigate traffic impacts to the above mentioned
intersections and road system by committing funding for the South 277th Street / South
272"d Street Corridor which is providing additional capacity for traffic volumes within the area
of the above mentioned development.
2. The Applieafit shall submit and reeedye appreval ef Pedestnan Walkway impFevemeHit Plans fi;em the-
Depai=tfflent of Publie WBFI(s. The Appileant shall then eelFiStFUEt these ornpFaveffients. These plafts
shall PF8Yide for a 6 feet wide YeFt!Eally separated asphalt walkway eenfewaing te Standard DetaiVa-
w0de sidewalk te the sidewalk/asphalt wallmay system sewhng Geefge Daniel SeFnefltaFy SehE)
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REVISED Mitigated DNS
Orme Subdivision & Rezone
#ENV-2006-30 #2062010
Im•S \Permit\Plan\Env\2006\2062010mdns(R) doc
CERTIFICATE OF POSTING
rI, Kim Marousek, Responsible Official under the Washington Administrative Code (WAC) Chapter 197-11-788 and 910,
and Kent City Code Chapter 1103 410 do hereby declare that the Determination of Nonsignificance,as described in
this public notice, was duly posted on by a member of Kent Planning
Services, on or near the site described therein
Kim Marousek,AICP,Responsible Official
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Kent City Council Meeting
Date November 7, 2006
Category Other Business
' l. SUBJECT: EVENT CENTER— SET PUBLIC HEARING ON GENERAL
CONTRACTOR/CONSTRUCTION MANAGER ALTERNATE
PUBLIC WORKS PROCEDURE —RESOLUTION
2. SUMMARY STATEMENT: Under state law, cities with a population greater than
70,000 can award public contracts to a general contractor/construction manager for
large projects such as the construction of the proposed Kent Event Center. The city
intends to use this process and will select a contractor through formal advertisement
and competitive bids, subject to the City Council's final determination as to whether or
not to construct this project. This process provides a substantial public and fiscal
benefit by allowing the City to negotiate a maximum allowable construction cost. State
law requires that the City hold a public hearing so that the public can submit written
and oral comments on the City's preliminary determination to proceed with the general
contractor/construction manager process.
3. EXHIBITS: Notice of Public Hearing and Resolution
' 4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no•
Unbudgeted Expense: Fund Amount S
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember a moves, Councilmember seconds
to adopt Resolution No. which sets a public hearing on December 4, 2006, at
5:00 p.m. before the Public Works Committee on the City's proposed use of the general
contractor/construction manager procedure for the City's Event Center project, and to
direct the City Clerk to publish notice of the public hearing at least 20 days before the
public hearing.
DISCUSSION:
ACTION:
Council Agenda
Item No. 7B
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RESOLUTION NO.
1 A RESOLUTION of the city council of the city of
Kent, Washington, declaring the council's preliminary
determination to use the General
' Contractor/Construction Manager alternative contracting
procedure if it decides to design and construct the Kent
Events Center, setting a public hearing on December 4,
2006, at 5.00 p.m. before the Public Works Committee
1 so that the public may submit written and oral
comments on the city's preliminary determination to use
this process; and directing the city clerk to publish
notice of the public hearing at least 20 days before the
public hearing.
RECITALS
A. Ch. 39.10 RCW authorizes and establishes the requirements for use
of alternative public works contracting procedures. As a municipality with a
i population greater than 70,000, the city of Kent is an eligible municipality under
Ch 39.10 RCW.
B. One of the alternative public works contracting procedures
authorized by Ch. 39.10 RCW is the General Contractor/Construction Manager
(GC/CM) procedure. The GC/CM procedure allows the city to negotiate a
maximum allowable construction cost to be guaranteed by the GC/CM firm.
' C. The city council has preliminary determined that the use of the
GC/CM procedure will serve the public interest by providing a substantial fiscal
benefit, given the speed with which the project must be constructed and the
' limited funds available for the project by allowing the city to negotiate a maximum
allowable construction cost. Additionally, because of the complexity and scale of
1 Kent Event Center and GC/CM
Process-Preliminary Determination
the proposed project, the public will be further benefited by having the contractor ,
assist in crafting the final design to ensure the feasibility of the proposed
construction. ,
D. The city's Event Center project meets the criteria in Ch. 39 10 RCW
for use of the GC/CM contracting procedure in that the project has an estimated
cost in excess of Ten Million Dollars ($10,000,000.00), implementation of the ,
project involves complex scheduling requirements, and the involvement of the
GC/CM during the design stage is critical to the success of the project.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, ,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. - Preliminary Determination. For all of the reasons stated in '
Recital C above, the city council hereby declares its preliminary determination to
use the General Contractor/Construction Manager procedure for the final design
and construction of the city of Kent's Event Center project
SECTION 2. - Public Hearing Scheduled. The city council hereby solicits
public review and comment on the city council's preliminary determination to use
the General Contractor/Construction Manager (GC/CM) procedure for its proposed
Event Center project, and a public hearing shall be set and held at a regular
meeting of the council's Public Works Committee on December 4, 2006, at 5.00 '
p.m., in the Council Chambers of Kent City Hall, located at 220 4`h Avenue South,
Kent, Washington, 98032, at which time the public may submit its oral and written
comments concerning that preliminary determination. '
SECTION 3. - Notice of Public Heanng. The city clerk is directed to publish '
notice of the public hearing, in a form similar to that attached and incorporated as
Exhibit A, at least once and at least twenty (20) days before the public hearing, as '
required by Ch. 39.10 RCW.
2 Kent Event Center and GC/CM
Process-Preliminary Determination
SECTION 4. - Written Statement. Ch. 39.10 RCW requires the city
provide a written statement concerning its reasons for using the GC/CM process
and to make that statement available upon request with other relevant information
describing the project. This resolution shall serve as the council's written
' - statement required by Ch. 39.10 RCW Should any member of the public wish to
receive further information concerning the Event Center project, he or she is
directed to contact Ben Wolters, Kent's Economic Development Director, who may
be reached through the Mayor's Office at (253) 856-5700 or 220 Fourth Avenue
South, Kent, WA 98032.
SECTION 5. - 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.
SECTION 6. - Ratification. Any act consistent with the authority and prior
to the effective date of this resolution is hereby ratified and affirmed.
SECTION 7. - 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 , 2006.
' CONCURRED in by the mayor of the city of Kent this day of
2006.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
3 Kent Event Center and GC/CM
Process-Preiiminary Determination
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.
BRENDA JACOBER, CITY CLERK
e cmaesowmevea¢ence.erei�oeremmeccnorocess ax
4 Kent Event Center and GC/CM
Process-Preliminary Determination
EXHIBIT A
' CITY OF KENT
NOTICE OF PUBLIC HEARING
On December 4. 2006, at 5 00 p m , in the Council Chambers of Kent City Hall,
located at 220 Fourth Avenue South, Kent, Washington, the City of Kent shall conduct
a public hearing at a regular meeting of the city council's Public Works Committee
regarding the proposed use of the General Contractor/Construction Manager (GC/CM)
process for the construction of the new Kent Event Center Located in downtown
Kent, the Event Center will be a new events facility that will accommodate the
business and civic activities of the City and its tenants The Event Center will include
an approximately 10,000 sq. ft. conference center, and will be a multi-purpose center
that will seat approximately 6,500 persons for hockey games, as well as a multitude of
other sporting and non-sporting activities including ice shows, concerts, conferences,
and community and business meetings and events
The City has made a preliminary determination that the use of the GC/CM procedure
to construct the Event Center will serve the public interest by providing a substantial
fiscal benefit through the negotiation of a maximum allowable construction cost and by
having the contractor assist in crafting the final design to ensure the feasibility of the
proposed construction This process will further enhance the city's goal to complete
construction and open the Event Center on budget by the fall of 2008. In accordance
with RCW 39 10.030, the public is invited to comment on the City's proposed use of
' the GC/CM process for this project Comments may be submitted in person or in
writing as follows
In Person Date: December 4, 2006
Time: 5 00 p in
Location: Council Chambers
Kent City Hall
220 Fourth Avenue South
Kent, WA 98032
' In Writing Address. City Clerk
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Email: bjacober(a ci kept wa.us
Written comments must be received or otherwise delivered to the City no later than
' 5.00 p in on December 4, 2006, to be considered. Any written comments not received
by the beginning of the December 4, 2006, public hearing will not be accepted or
considered Additional information regarding the Event Center project may be
obtained by contacting Ben Wolters, Kent's Economic Development Director, at (253)
856-5770, or 220 Fourth Avenue South, Kent, WA 98032.
1
Kent City Council Meeting
Date November 7, 2006
Category Bids
! 1. SUBJECT: LID 360: 227TH PLACE SANITARY SEWERS
i2. SUMMARY STATEMENT: The bid opening (re-bid) for this project was held on September 12, 2006, with seven (7)bids received The low bid was submitted by DPK,
Inc. in the amount of$220,504.96. The Engineer's estimate was $183,014.61.
3. EXHIBITS: Bid tab
i4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
' 5. FISCAL IMPACT
Expenditure? X Revenue? _
i Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
i6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 8A
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PUBLIC WORKS DEPARTMENT
Larry Blanchard Public Works Director
Phone* 253-856-5500
K E N T Fax 253-856-6500
WASHINGTON Address: 220 Fourth Avenue S
Kent, WA. 98032-5895
DATE: September 13, 2006
ITO: Mayor Cooke and Kent City Council
FROM: Nick Horn, Project Engineer
THROUGH: Tim LaPorte, Design Engineering Manager
Larry Blanchard, Public Works Director
SUBJECT: LID 360: SE 227th Sanitary Sewer — Award
Re-bid opening for this project was held on September 12, 2006 with seven
bids received. The low bid was submitted by DPK, Inc. in the amount of
$220,504.96. The Engineer's estimate was $183,014.61. The Public Works
Director recommends awarding this contract to DPK, Inc.
Bid Summary
DPK, Inc. $ 220,504.96
Rodarte Construction, Inc. $ 228,899.97
Laser Underground & Earthworks, Inc. $ 261,957.76
Archer Construction, Inc. $ 268,110.40
Pivetta Brothers Construction, Inc. $ 274,479.55
Gary Merlino Construction, Inc. $ 282,896.32
Wm Dickson, Co. $ 302,743.62
Engineer's Estimate $ 183,014.61
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Mayor Cooke and Kent City Council
UD 360 SE 227° Sanitary Sewer
1
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. MAYOR
C. OPERATIONS COMMITTEE
' D. PARKS AND HUMAN SERVICES COMMITTEE
E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
F. PUBLIC SAFETY COMMITTEE
G. PUBLIC WORKS
H. ADMINISTRATION
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REPORTS FROM SPECIAL COMMITTEES
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KEN T
WASHINOTON OPERATIONS COMMITTEE MINUTES
AUGUST 15, 2006
Committee Members Present: Tim Clark, Chair, Deborah Ranniger and Debbie Raplee
' The meeting was called to order by Tim Clark, Chair at 4:00 p.m.
1. APPROVAL OF MINUTES DATED AUGUST 1, 2006
Deborah Ranninger moved to approve the minutes of the August 1, 2006, Operation
Committee meeting. Debbie Raplee seconded the motion, which passed 3-0.
1 2. CRIME VICTIM COORDINATOR AND ADVOCATE POSITION - AUTHORIZE
City Attorney Tom Brubaker presented the Crime Victim Coordinator and Advocate Position -
Authorize. Mr. Brubaker referenced the memorandum that was attached to the agenda packet
and advised that for over 10 years Kent has taken pride as a regional leader when providing
advocacy services to domestic violence victims. However, due to a steady increase in the
number of domestic violence cases, the city's ability to maintain its level of service has suffered
dramatically (the city employed two advocates prior to layoffs and currently employs only one)
and there is a significant delay in the advocate's ability to respond to service requests. Mr.
Brubaker stated that while domestic violence victim advocacy has been a priority for Kent, there
are a number of other crime victims that request and need assistance in this city, including
victims of assault, "stranger stalking", DUI, and theft. Our advocate has taken on some
additional workload with borderline domestic violence cases, such as "stranger stalking" cases.
Other non-DV victims, however, receive minimal advocacy, and when the domestic violence
advocate does assist in non-DV related cases, her time is taken away from domestic violence
cases. As a result, the City Attorney's Office requests that council approve the new advocacy
position to support our current advocate's workload and to assist with the provision of advocacy
services to non-DV crime victims This would be a support position, intended to track files, line
up witnesses, conduct telephone follow-up, provide advocacy services to non-DV crime victims,
' etc., so that more of our advocate's time can be freed up to tackle priority tasks. The new
position, entitled "Victim Coordinator and Advocate" would be hired immediately and would bring
Kent's ratio of advocates to victims more in line with comparable cities. Finance Director Bob
Nachlinger indicated that sufficient funds are available to fund this position for the remainder of `
the year and Mr. Brubaker advised that it was estimated that the annual salary and benefits
would be in the range of $60,000-$80,000 00.
Debbie Raplee moved to recommend the city council create a new regular full-time
Victim Coordinator and Advocate position within the City Attorney's Office. Deborah
1 Ranniger seconded the motion, which passed 3-0.
■
Operations Committee Minutes
August 15, 2006
Page: 2
3. 2006 PC REPLACEMENT PLAN — AUTHORIZE
Technical Services Manager Paul Dunn presented the 2006 PC Replacement Plan and advised for
authorization that the Council authorize the Mayor to sign purchase orders for replacement
computers and monitors. Mr. Dunn advised that the City has approximately 680 desktop
computers on a 4 year replacement cycle In 2005, the IT department opted not to perform an
annual refreshing of the stock because an assessment of the operations and CUP speeds of the
sleet showed us that the computer needs of the users were being met. This year, however, the
IT Department is ready to replace 196 computers, which includes monitors at a budgeted
estimate of $233,285 00
Deborah Ranniger moved to recommend the council authorize the Mayor to sign
purchase orders for replacement computers and monitors and vendor services not to
exceed $233,285.00. Debbie Raplee seconded the motion, which passed 3-0.
4. 2006 SECOND QUARTER FINANCIAL REPORT
Finance Director Bob Nachlinger presented the 2006 Second Quarter Financial Report for
informational purposes only.
The meeting was adjourned at 4 28 p.m.
Renee Cameron
Operations Committee Secretary
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iParks and Human Services Committee
Meeting Minutes
September 21, 2006
1 Council members present: Deborah Ranrnger, Debbie Raplee, Bob O'Brien
The Kent City Council Parks and Human Services Committee meeting was called to order by
Debbie Ranniger at 5:04 p.m.
Added Items:
' 7. Riverbend Golf Complex Merchandise Sales
8. Announcements
1. Meeting Minutes of July 20, 2006 - Accept
Debbie Raplee moved to accept the meeting minutes of July 20, 2006. Bob O'Brien
seconded and the motion carried 3-0.
f2. King Conservation District Grant for Clark Lake Park Forestry Plan - Accept and Amend
Budget
iA $3,360.000 reimbursable grant was received from the King Conservation District to
contract with Sound Urban Forestry to evaluate the Clark Lake Park urban forest and
1 prepare a report with recommendations to protect and nurture the forest. Based on this
report, reforestation of the park is underway using volunteer efforts during the October
planting event - ReLeaf.
Bob O'Brien moved to recommend Council accept the King Conservation District Number
9 Grant of $3,360.00 to fund the Clark Lake Forestry Management Plan, and approve the
expenditure of funds in the Clark Lake Management Plan budget. Debbie Raplee
seconded and the motion carried 3-0.
3. King Conservation District Grant for Clark Lake Park Inlet Reforestation - Accept and
Amend Budget
A $16,707.50 reimbursable grant from the King Conservation District was received to
alter a man-made inlet located on the 248th side and southeast corner of Clark Lake
Park. The inlet travels north into the lake. The funds will assist in making a more natural
site by installing large woody debris, boulders and plantings along the banks. This work
was completed by Park staff, volunteers and Boy Scouts completing Eagle Scout
projects.
Superintendent Lori Flemm clarified that native plants originate in the northwest, not
brought over from other states or other countries. Woody debris is unwanted stumps
and tree trunks used in landscaping to provide a natural habitat for salmon and fish by
decreasing in the erosion of streams. The staff hours as listed in the grant
application/agreement are charged out to the Parks maintenance budget.
Debbie Raplee moved to recommend Council accept the King Conservation District
Number 9 Grant of $16,707.50 to fund Clark Lake Inlet Reforestation, and approve the
expenditure of funds in the Native Plants budget. Bob O'Brien seconded and the motion
carried 3-0.
4. Safeco Grant for Service Club Ballfields Scoreboard - Accept and Amend Budget
Service Club Park was selected as one of fifteen youth baseball and softball fields around
the nation to receive four electronic scoreboards from Safeco Insurance Company
through "Playball," ar national community relations grant program.
Service Club Park has received a total of $500,000.00 in grant funds and donations from
local service clubs, Washington State Interagency Committee for Outdoor Recreation, a
King County Youth Sports Facility Grant and King Conservation District funding.
The new community park will be dedicated on Saturday, November 4, 2006
beginning at 11:00 a.m. The public is invited to the ceremony.
Bob O'Brien moved to recommend Council accept the Safeco Insurance Company Grant
of $19,542.00 to fund the Service Club Ball Park Scoreboard purchase, and approve the
expenditure of funds in the Service Club Ball Park budget. Debbie Raplee seconded and
the motion carried 3-0.
5. ReLeaf Event - Informational
October 14, 9:00 a.m. to 12:00 p.m. at Clark Lake Park (SE 240th & SE 248th).
Superintendent Lori Flemm introduced Victoria Andrews, the new Fund Development
Coordinator This year volunteers will be removing plants and planting native vegetation
along the banks of the outlet stream. The stream was restored at a previous ReLeaf
event two years ago. The stream renovation was so successful that salmon were spotted
coming up Wandering Creek.
6. Make-A-Difference Day Event - Informational
October 28, 8:30 a.m. to 12:00 p.m. at Three-Friends Fishing Hole (So. 196th
St. and 58th Place). Victoria explained that Make-A-Difference Day is a national
celebration in its 11th year. Volunteers will be planting and mulching native trees and
shrubs at Three Friends Fishing Hole. This is a new park that won't be completed until
spring 2007. The park is dedicated to three members of the Senior Center who died in a
small plane crash while on a fishing trip in Alaska. This will be the first accessible fishing
area on the Green River.
7. Riverbend Golf Complex Merchandise Sales
Bob O'Brien was concerned with the high expense numbers in Merchandise Sales for the
first quarter of 2006 compared to 2005. Superintendent of Golf Operations explained
that because of the new purchasing system - payments for goods received are reported
prior to revenue reports, resulting in expenses showing a transitory loss. The August
revenue report will show an actual increase of $20,000 in 2006.
tParks and Human Services Committee Page 2
8. Announcements
9/22, Begins at 4:00 p.m. 1st Avenue Block party by the merchants and KDP
9/14, 9:00 a.m. - 12:00 p.m. ReLeaf Event at Clark Lake Park
9/28, 8:30 a.m. - 12:00 p.m. Make-A-Difference Day at Three-Friends Fishing Hole
' 9/28, 5:30 p.m. - 7:30 p.m. Kent Senior Center Anniversary Celebration
The meeting adjourned at 5:55 p.m.
Respectfully submitted by,
Teri Petrole,
Parks and Human Services Committee Secretary
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PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
tAUGUST 21, 2006
Committee Members: Chair Ron Harmon, Council President Deborah Ranniger for Tim
Clark, Elizabeth Watson. The meeting was called to order by Chair Harmon at 4:00 p.m.
Approval of Minutes:
1 Council President Ranniger MOVED and Member Watson SECONDED a MOTION to APPROVE
the minutes of July 17, 2006. Motion PASSED 3-0.
Historic Preservation Ordinance — Public Hearing
Planner Lydia Moorehead submitted a comment letter from Chris Moore, Field Director with the
Washington Trust for Historic Preservation for the record established as Exhibit 1. Member
Watson MOVED and Council President Ranniger SECONDED a MOTION to accept the Exhibit for
the record. Motion PASSED 3-0.
Ms. Moorehead stated that the last time this item was addressed before the Planning &
Economic Development Committee, staff was directed to prepare a draft ordinance for historic
preservation through an inter-local agreement with King County. At the Committee's direction,
staff added a provision to the draft ordinance requiring the Kent City Council to review all
1 nomination applications before forwarding those applications to King County.
Ms. Moorehead stated that staff is recommending approval of the draft ordinance and
authorization for the Mayor to enter into an interlocal agreement with King County for historic
preservation services.
At the request of Chair Harmon, Ms. Moorehead elaborated upon Section 14.12.080 with
respect to the nomination process and on the special member appointment to the King County
Landmarks Commission.
Chair Harmon Opened the Public Hearing.
tPat Mergens, 4842 N Island Dr. E, Bonney Lake, WA 98391 stated that she is secretary of the
Kent Historical Society. She described why she supports the Historical Preservation Ordinance,
which would allow for more funding to restore and maintain historic properties.
John Mergens, 4842 N. Island Dr. NE, Bonney Lake, WA 98391 stated that as Executive Director
of the Kent Historical Museum it is his job to collect and preserve anything of interest associated
with the city. He stated that Kent must preserve its heritage and the ambiance of the old city
Kent.
Linda VanNest, 6402 Eastside Dr. NE #6, Tacoma, WA 98422 stated that she sits on the Kent
Historical Society Board. She stated that she supports a historical preservation ordinance along
with an interlocal agreement with King County, as it will allow Kent to maintain, protect and
' interpret the story of its historic homes, buildings and sites.
Ms. VanNest described the Senior Citizen's Memory Book project in progress through the Kent
Historical Society with publication targeted for October. Council President Ranniger invited Ms.
VanNest to bring information on this project to the City Council in October.
1 Karen Bouton, 4512 S 262 nd St., Kent, WA 98032 stated that she is a South King County
Geological Society board member and urged the Committee to support this historic preservation
ordinance. She stated that it is important that we preserve and landmark Kent's historic
buildings as much change is occurring in Kent.
Walter Flue, 1105 E Seattle St, Kent, WA 98030 stated that he owns property on 3rd Avenue
with a home which was moved onto that ro r property around 1910 to 1914. He stated that he
supports historic preservation and would like to see that property owners with historic homes
have a way to fix up their properties. He stated that he would like to see the Committee
consider incorporating the use of historic plaques for placement on these properties.
Norm Turner, 818 Woodland Way, Kent, WA 98030 (Kent Historical Society President) stated
that the Society supports a Historic Preservation Ordinance, recognizing the need to save and
promote Kent's history for future generations. He stated that King County's program is j
supported by the public and recognizes the preservation of privately owned buildings,
downtown areas, museums and other artifacts as historic landmarks.
Teresa Turner, 818 Woodland Way, Kent, WA 98030 (Kent Historical Society Vice President)
stated that the Society supports the adoption of a King County Preservation Ordinance and
asked the Committee to support this through the Council.
Linda Wagner, 14661 SE 276th Place, Kent, WA 98042 (Kent Historical Society Museum Curator)
Ms. Wagner presented information from an October 2005 issue of "US Cultural and Heritage j
Tourism Summit Paper"which addresses how American towns can economically benefit by
promoting their cultural and heritage assets and cites statistics on tourism dollars spent. Ms.
Wagner encouraged the Committee to support this ordinance so that Kent can preserve its
heritage.
Council President Ranniger MOVED and Member Watson SECONDED a MOTION to close the
Public Hearing. Motion PASSED 3-0.
Member Watson MOVED and Council President Ranninger SECONDED a MOTION
recommending APPROVAL of the proposed Landmark Designation and Preservation Ordinance
and authorizing the Mayor to enter into an Interlocal Agreement with King County for Historic
Preservation services. Motion PASSED 3-0.
Council President Ranniger stated that this item will appear on the City Council's Consent
Calendar at the September 51h Council meeting.
Amendments to the Fire Code
Division Chief/Fire Marshall Jon Napier described the proposed changes to Title 13 of the Fire
Code, stating that these changes resulted from input received from several focus groups. He
stated that these groups focused primarily on development and business impacts, resulting in a
proposed amendment with respect to residential fire lanes, requiring the installation of a 12 x
18 sign, rather than requiring that roadways be painted; and proposing language with respect
to the retroactive installation of fire protective systems in actively occupied buildings.
He stated that the proposed changes are housekeeping in nature with respect to sprinkler '
systems and related to water flow requirements for residential sites. He stated that proposed
amendments streamlines the code, addresses development needs which includes increasing the
inside turning radiuses to 30 and 50 feet to accommodate the larger fire trucks; and simplifies
the implementation of the permit process.
Member Watson MOVED and Council President Ranniger SECONDED a Motion to recommend to ,
the Full Council APPROVAL of an amendment to Kent City Code Title 13, adopting the
International Fire Code and authorizing the Mayor to sign the ordinance amending Title 13.
Motion PASSED 3-0.
PEDC-Minutes
August 21, 2006
Page 2 of 4
ZCA-2005-8 Nonconforming Lots Amendment
Planner Gloria Gould-Wessen stated that this issue was initiated through the docketing process
by a citizen. She stated that this proposal would allow nonconforming lots of record that were
merged into one tax parcel to stand alone for development or resale. The proposed revisions
would allow property owners a choice to sell a portion of the undeveloped portion of their
property that fell within the nonconforming lots or they could redevelop their property entirely,
tearing down existing structures and building new homes on each of the nonconforming lots
that make up the tax parcel.
' Ms. Gould-Wessen stated that the Land Use and Planning Board held a hearing on July 24, 2006
and made a recommendation to retain the existing code language, with a 5-0 vote. She stated
that two additional comment letters (voicing opposition to the proposal) were received after the
public hearing and have been included in the Committee packet.
Member Watson MOVED and Council President Ranniger SECONDED a MOTION to APPROVE
the Land Use and Planning Board's recommendation to maintain the existing code language of
KCC 15.08.100E, concerning nonconforming lots Motion PASSED 3-0
ADDED ITEM:
ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts
Planning Manager Charlene Anderson stated that at a previous meeting before the Planning and
1 Economic Development Committee, the Committee voted to not allow commercial motor
vehicles over 19 feet in length in the SR-1/Urban Separator zoning districts. Ms. Anderson
stated that there were questions as to what happens to the other zoning districts; therefore,
this issue was returned to Committee for further discussion.
Keith Miller, 27031 1171h Place SE, Kent, WA submitted a series of 13 pictures (illustrating traffic
in his area with semi-tractors parked in side lots, taxicabs in yards etc., parcel vans parked on
sidewalks) established as Exhibit #18 for the record. Mr. Miller stated that he objects to
commercial vehicles parking on residential streets and would like to see a total ban of these
vehicles in residential areas.
Dick Staples, 14629 SE 267th St., Kent, WA questioned why this issue has continued to be
bantered back and forth through Kent's Committee and City Council without resolution.
The Council committee members addressed Mr. Staples' concerns indicating that over the
course of the last year, the number of commercial vehicles parking in residential neighborhoods
have escalated, making it apparent to City Council that this issue needed revisiting to resolve
the parking issue in all residential zoning districts.
Mr. Staples stated that he believes a proposal to require commercial motor vehicle drivers to
obtain a home occupational use permit in order to park in residential areas would be the best
solution rather than banning trucks out-right which would create a financial hardship for those
truckers. He stated that no one has complained about his truck and his neighbors would be
willing to sign a petition to that fact.
Dick Kronick, 23307 98th Ave, Kent, WA stated that he lives on a dead-end street where the
houses are close together. He stated that about 95 percent of the trucks driven into these
residential areas are container haulers. He stated that they are parked on the sidewalks, city
streets, next to retention ponds and are causing the roadways to deteriorate from oil dripping
onto the asphalt.
Mr. Kronick stated that he believes the way to eliminate this problem is by restricting trucks
with a GVW of 26,000 pounds and over from residential areas. He stated that furthermore it
would be easier for the police to enforce this restriction by requesting to see the owner's
tonnage documentation.
PEDC-Minutes
August 21,2006
Page 3 of 4
Jerry Sanders, 23102 1121h Place SE, Kent, WA stated that he uses a converted U-Haul E350
truck as part of his business with a licensed tonnage of 12,000 pounds. He thanked the
Committee for their due diligence with exploring every avenue and stated that he does not
believe his vehicle to be as much of an eyesore as a 1983 30' Holiday Rambler with a blue tarp
over it, which is his main concern.
Kath n Sheldon 23215 113`h Place SE Kent WA explained why she is opposed to commercial
motor vehicles in residential districts, citing visual and safety hazards. She cited reasons why
she perceives this problem has escalated, due in part to the closure of various truck stops along
the I-5 Corridor and the monthly fees that shipping yard companies charge the independent
trucker
Ms. Sheldon concurred with a previous speaker that restricting the tonnage of commercial
vehicles in residential zones would be a good start. She questioned if the City could consider
looking at ways to provide parking areas for the truckers at competitive rates.
Ms. Sheldon stated that the fees charged for a home occupation permit would not cover the
cost of recouping the loss to repair damaged roadways and suggested that the city look at
designating park and ride spaces to generate revenue and alleviate some of the parking
problems. Ms. Sheldon stated that she would like trucks banned entirely from her
neighborhood.
Member Harmon MOVED and Member Watson SECONDED a Motion to ACCEPT the pictures
submitted by Mr. Keith Miller, designated as Exhibit 18, for the Record. Motion PASSED 3-0.
Council President Ranniger MOVED and Member Watson SECONDED a MOTION to APPROVE
Zoning Code Amendment #ZCA-2005-3 as follows: "Kent City Code (KCC) 15.08.085(2)
Commercial Motor Vehicles are not permitted to be parked on residentially zoned property in
the SR-2 or greater residential zoning districts unless actively delivering goods. Commercial
motor vehicles include: (1) vehicles with a gross weight rating 'GVWR' of 26,001 pounds or
more and;(2) trailers with a 'GVWR' of 10,001 pounds or more if the gross weight rating of the
combined vehicles is 26,001 pounds or more"; and APPROVING the following definition: "KCC
15.02.XXX -Motor Vehicle means a vehicle, machine, a tractor-trailer, or semi-trailer propelled
or drawn by a mechanical power used on highways or any other vehicle required to be
registered under the law of the State but does not include a vehicle, machine, tractor-trailer, or
semitrailer operated exclusively on a rail." Motion PASSED 3-0.
Adiournment
Chair Harmon adjourned the meeting at 5:25 p.m.
Pamela Mottram,
Admin Secretary, Planning Services
5 PemlltlPlan IP�annM Commfttee110061Mmutes1082106PEOCmin doc
PEDC-Minutes
August 21, 2006
Page 4 of 4
PUBLIC WORKS COMMITTEE MINUTES
September 18, 2006
COMMITTEE MEMBE RS PRESENT: Committee Chair Debbie Raplee and Committee Member Ron
Harmon and Tim Clar'ic were present. The meeting was called to order at 5 09 p.m.
ITEM 1- Approval o ' Minutes Dated September 11, 2006
Committee Member Clark moved to approve the minutes of September 11, 2006. The motion was
Iseconded by Harmon and passed 3-0.
ITEM 2 - Surplus a Disposal of Materials
Larry Blanchard, Publ c Works Director, said the surplus materials are no longer of use or necessary
to the City. Public Works Operations requested they be declared surplus and sold as surplus for
recycling. He further noted that a public hearing is required when public property is surplused.
Tim Clark read off the list of items, they are as follows:
• Approximate y 1,000 pounds of copper and brass
• 400 meters
• Two chlorina=or cabinets
1 Clark moved to recommend Council set a public hearing at its October 17, 2006 regular
meeting, to consider comments on the declaration of certain public water utility
equipment as surplus. The motion was seconded by Harmon and passed 3-0.
ITEM 3 - Joint Fund ing with USGS
Mike Mactutis, Environmental Engineering Manager, stated this is an on-going program with the
City of Kent and the U.S. Geological Survey (USGS) for stream data collection The City will
contribute $41,565 to the annual program costs of $81,240 with the USGS providing the
remainder. The City of Kent currently partners with the USGS in funding gauging stations at
' Spnngbrook, Mill Creek and Rock Creek. Mactutis also explained what the city does with the
information that is collected Harmon asked how long we have been doing this agreement. Mactutis
said for at least if not more than nine (9) years Mactutis encouraged everyone to check out the
Iwebsite at http://waterdata.usgs.gov/nwis to find out more.
Harmon moved to recommend Council authorize the Mayor to sign the Joint Funding
Agreement between the City of Kent and the U.S. Geological Survey upon concurrence of
the language therein by the City Attorney and Public Works Director, for $41,565 for the
U.S. Geological Survey to provide operation, maintenance and data collection at the
Springbrook Creek, Mill Creek and Rock Creek Gauging stations during the Federal fiscal
1 year 2007. The motion was seconded by Clark and passed 3-0.
ITEM 4 - Gift of Laoid
' Mike Mactutis, Envir< nmental Engineering Manager, stated the City has several acquisition and
restoration projects proposed for properties adjacent to Mill Creek Auburn at the confluence of the
Green River, near Sc. 262"d Street and West Valley Highway. This 500 square foot parcel is
adjacent to Mill Cree< Auburn. The owner would like to donate this parcel to the City as she has no
use for the property 3s it is not able to be developed.
Clark moved to recommend acceptance of a Gift of Land by Karen Phillips Living Trust,
Quit Claim Deed, and authorize the Mayor to sign. The motion was seconded by Harmon
and passed 3-0.
ITEM 5 - Information Only/How Well is Public Works Performing/Customer Input
Larry Blanchard, Public Works Director gave an informational PowerPoint Presentation on Public
Works Focus on the Customer, Street Infrastructure. Noting there are 12 sections in Public Works;
Page 1 of 2
P\P iblw%AdmmSupgoA%P WComm tt W nuts doe
PUBLIC WORKS COMMITTEE MINUTES
September 18, 2006
five in Operations and seven in Engineering, they take care of a wide variety of underground as
well as above ground -acihties. The department is working on a number of surveys to be conducted
by both sections of Public Works. Committee member Clark said he would like notification when
roads are closed or urder repair. He also wanted to make sure we know if citizens aware of how to
look up web pages for various things. Blanchard will bring the information that is compiled, back
to the committee at a later date.
No Motion/Information Only
Information Only/U adate on Neighborhood Traffic Control Plan Proiects
Larry Blanchard, Public Works Director noted that on September 26th from 6:00 - 8:00 p.m. in
Engineering Conferern:e Room 2A/B there will be a Southpark Neighborhood meeting to identify
concerns the neighbor hood has regarding traffic, drainage etc. He also noted that there will be
another Neighborhood Meeting on October 25, at Horizon Elementary at 6:00 p.m. to discuss
parking issues on 282nd between 144th Ave SE and 132" Ave SE.
Steve Mullen, Transportation Engineering Manager, gave a brief overview of what has been
happening in regards to the 271s' Street speeding issues. He has received a quote from one
vendor for the speed humps (for 2715t Street); they are working on obtaining others. He also
stated that a speed study was conducted from August 26 through September 5 (10 days). Another
study is being plannej, now that school has started The neighborhood will be notified as to where
the division is in the process. Harmon asked if speed study will be conducted on 114th, Larry said
he will get back to committee members.
No Motion/Information Only
ADDED ITEM:
Bailey Stober, resident of 3`d Avenue voiced his concerns regarding City codes, the speed limit,
truck traffic and drainage problems on and around 3`d Avenue. He said there is a lot of over weight
truck traffic in the art>_a even though it is posted. He then showed a number of photos of the above
problems. Stober is -ecommending a traffic circle be installed at 3`d Avenue.
Committee Members Direction:
Committee members directed staff to deal with the traffic on 3 d & Crow and to inform other
departments of the September 26th meeting, its outcome and the department's recommendations.
Adiourned:
The meeting was adjourned at 5:48 p.m.
Next Meeting Scheduled for:
Monday, October 2, 2006, 5:00 p.m.
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Administrative Assis:ant III
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