HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/06/2007 AGEN DA -,
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City of Kent
City Council Meeting
Agenda
February b, 2007
Mayor Suzette Cooke
Deborah Ranniger, Council President
Councilmembers
Elizabeth Albertson Bob O'Brien
Tim Clark Debbie Raplee
Ron Harmon Les Thomas
KEN T
WASHINGTON
City Clerk's Office
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KENT CITY COUNCIL AGENDAS
February 6, 2007
KEN T Council Chambers
'A ASHING-ON
MAYOR- Suzette Cooke COUNCILMEMBERS• Deborah Ranniger, President
Elizabeth Albertson Tim Clark Ron Harmon
Bob O'Brien Debbie Raplee Les Thomas
COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Store Front Studio Ben Wolters 45 minutes
' 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. Arts Commission Funding Recipients
D. Washington State Public Works Board Award Presentation
E. Introduction of Historical Society Director
F. Employee of the Month
G. Swearing In of Police Officers Scott McQuilkin and Rex Miller
H. Police Department Promotions and Recognition
1. Public Safety Report
5. PUBLIC HEARINGS
A. Single Family Residential Moratorium—Resolution
6. CONSENT CALENDAR
A Minutes of Previous Meeting—Approve
B Payment of Bills —Approve
(Continued)
COUNCIL MEETING AGENDA CONTINUED
C. Mulder Final Plat—Approve
D Parkview Final Plat— Approve
E. Highland Estates Final Plat— Approve
F. Department of Social & Health Services Client Service Contract for Safe Havens
Services— Authorize and Amend Budget
G. Department of Social& Health Services Agreement for Safe Havens Center—
Authorize and Amend Budget
H. 2007 City Art Plan and 2007-2011 Five Year Art Plan—Approve
I. Riverview Park Master Plan—Approve
J. 2006 Fourth Quarter Fee-in-Lieu Funds—Accept and Amend Budget
K Eagle Scout Program Donations—Accept and Amend Budget
L. Kent Downtown Partnership Donation for Hanging Basket Program— Accept and
Amend Budget
M. East Valley Highway, S 224th to S 212th Pedestrian and Bicycle Safety Grant—
Accept
N. Military Road and S 268th Street Pedestrian and Bicycle Safety Grant— Accept
O. SE 248th Street at 101 st Place Pedestrian and Bicycle Safety Grant—Accept
P. Anchor Environmental Contract for Lake Meridian Outlet Project—Authorize
Q. Mill Creek Culvert at Chandlers Bay Apartments —Accept as Complete
R. Homeland Security Sub Grant Agreement—Authorize
S. Agreement with City of Covington for Fire Marshal Services —Authorize
T. Battalion Chief Position in Fire Prevention—Approve
U. S 228th Green River Bridge—Accept as Complete
V Kent Aquatic and Community Center Programming and Conceptual Design
Agreement—Authorize
7. OTHER BUSINESS
A. Residential Development Standards
8. BIDS
A Traffic Signal Cabinet Replacement
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL
COMMITTEES
10. CONTINUED COMMUNICATIONS
A. Update from King County Council Representative Reagan Dunn
11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
A. Pending Litigation
12. ADJOURNMENT
NOTE. A copy of the full agenda packet is available for perusal to 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 a 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
1 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
B) FROM THE PUBLIC
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1
1
1
1
1
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PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
B) COMMUNITY EVENTS
C) ARTS COMMISSION FUNDING RECIPIENTS
D) WASHINGTON STATE PUBLIC WORKS BOARD AWARD
PRESENTATION
E) INTRODUCTION OF HISTORICAL SOCIETY DIRECTOR
F) EMPLOYEE OF THE MONTH
G) SWEARING IN OF POLICE OFFICERS SCOTT MCQUILKIN AND
REX MILLER
H) POLICE DEPARTMENT PROMOTIONS AND RECOGNITION
I) PUBLIC SAFETY REPORT
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Kent City Council Meeting
Date February 6, 2007
Category Public Hearings
1. SUBJECT: SINGLE FAMILY RESIDENTIAL MORATORIUM—
RESOLUTION
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2. SUMMARY STATEMENT: On December 12, 2006, the City Council passed
Resolution No. 1746 imposing a moratorium on filing a rezone or other related land use
applications that would require the granting of a rezone to effectuate all or part of the
application being filed for real property with single-family residential zoning and/or
single-family residential comprehensive plan map designations that are not of equal
density or otherwise do not match State law authorizes cities to adopt moratoriums,
provided that a public hearing is held within sixty (60) days of adoption. This date,
February 6, 2007, has been set for the public hearing on this matter. After making
findings, the Council may either continue the moratorium for the full six (6) month term
or terminate the moratorium
3. EXHIBITS: Resolutions
4. RECOMMENDED BY:
(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:
A. Councilmember moves, Councilmember seconds
to close the public hearing.
(continued on back)
6. CITY COUNCIL ACTION:
In�W_ A ej
B Councilmember moves Councilmember seconds
to adopt Resolution No �Jyj , adopting Findings of Fact and CONTINUING the
moratorium established pursuant to Resolution No. 1746 on filing rezone or other
related land use applications that would require the granting of a rezone to effectuate all
or part of the application being filed for real property with single-family residential
zoning and/or single-family residential comprehensive plan map designations that are
not of equal density or otherwise do not match.
OR
Ito adopt Resolution No. adopting Findings of Fact and TERMINATING the
moratorium established pursuant to Resolution No 1746 on filing rezone or other
related land use applications that would require the granting of a rezone to effectuate all
or part of the application being filed for real property with single-family residential
zoning and/or single-family residential comprehensive plan map designations that are
not of equal density or otherwise do not match.
I
DISCUSSION:
ACTION:
Council Agenda
Item No. 5A
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Kent, Washington, relating to zoning and comprehensive
plan map designations and continuing a moratorium on
the filing of rezone and other dependent land use
applications for real property with single-family
residential zoning and/or single-family residential
comprehensive plan map designations that are not of
equal density or otherwise do not match (Dkt 2006-4).
RECITALS
A. Parcels of real property in the city of Kent are given both a zoning
designation and a comprehensive plan map designation. In general, these
designations determine the type of land use and the density of land use to which
a parcel of property may be developed. There are currently parcels in the city
that have zoning designations that are not the same density or otherwise do not
match with the identified comprehensive plan map designations. A study was
proposed during the city's 2006 annual docket process that would review single-
family residential parcels with these characteristics (hereafter "Dkt 2006-4"). On
December 12, 2006, the city council voted to include docket item Dkt 2006-4 in
the annual comprehensive plan amendment process.
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B. The Comprehensive Plan is a policy document created by the City
Council, and the Council intended that variances between zoning and
comprehensive plan map designations provide alternatives and options, but are
not a guarantee of higher densities or more intense uses. For example, in Plan
areas designated for up to six single-family residential units per acre, the Council
intended a mixture of densities by providing for both 4.5 unit per acre and 6 unit
per acre zoning districts on its zoning map. The Council believes that it should
t
perform the Dkt 2006-4 study to determine if there are areas within the City
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Moratorium Continuance —
Residential Rezones
where the variance between the zoning and the comprehensive plan designations
should be amended on an area wide basis.
C. On December 12, 2006, the Council also adopted Resolution No.
1746, which imposed a moratorium on the filing of rezone and other related land
use applications that would require the granting of a rezone to effectuate all or
part of the application being filed. The moratorium applies only to real property
with single-family residential zoning and/or single-family residential
comprehensive plan map designations that are not of equal density or otherwise
do not match.
D. Since the adoption of the moratorium, the Planning Services office
has begun the review and analysis needed for Dkt 2006-4. The public was invited
and open houses were held regarding this topic on January 17tn 201n and 22°d of
2007. The Land Use and Planning Board held a workshop on January 22, 2007,
and anticipates holding a public hearing on February 26, 2007.
E. RCWs 36.70A.390 and 35A.63.220 authorize the moratorium
provided that a public hearing is held within sixty (60) days of its adoption. This
hearing was held on February 6, 2007, before the Kent City Council. The Council
has considered written comments, public testimony, and any material presented
by staff at the hearing.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. - Recitals Incorporated. The recitals set forth in this
resolution are incorporated by this reference and are adopted as additional
Findings of Fact to the extent that they are not inconsistent with the Findings of
Fact adopted in Section 2 of this resolution.
SECTION 2. - Flndings of Fact. The Kent City Council hereby adopts the
following Findings of Fact:
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Moratorium Continuance -
Residential Rezones
1. The Planning Services office has begun the review and analysis for
Dkt 2006-4. Open houses were held on January 17th, 20th, and 22nd of 2007. The
Land Use and Planning Board held a workshop on January 22, 2007, and
anticipates holding a public hearing on February 26, 2007. After the Land Use
and Planning Board concludes its review of Dkt 2006-4, it will forward its
recommendation to the City Council for consideration.
2. While the review and analysis is being done for Dkt 2006-4, it is
probable that the city will receive land use applications that would vest
development of parcels to the current zoning and comprehensive plan map
designations. This vesting could defeat the purpose of the Dkt 2006-4 study.
3. The City needs additional time to fully review and analyze the Dkt
2006-4 issues in a comprehensive fashion and determine and implement any
policy changes to the comprehensive plan map and/or zoning map.
4. The City Council finds that it is appropriate to continue the
moratorium on the filing of rezone and other related land use applications that
would require the granting of a rezone to effectuate all or part of the application
being filed for real property with single-family residential zoning and/or single-
family residential comprehensive plan map designations that are not of equal
density or otherwise do not match.
SECTION 3. - Continuation of Moratorium. Based on the Findings of Fact
adopted in Sections 1 and 2, the City Council determines that it is necessary for
the moratorium enacted in Resolution No. 1746 to remain in effect for the entire
six (6) month period set forth in Resolution No. 1746. Accordingly, the
moratorium shall not expire until midnight on June 12, 2007, unless, on or before
this date and time, the moratorium is shortened or extended by action of the City
Council. During the moratorium, no application shall be filed for a rezone or other
related land use applications that would require the granting of a rezone to
effectuate all or part of the application being filed for real property with single-
family residential zoning and/or single-family residential comprehensive plan map
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Moratorium Continuance -
Residential Rezones
designations that are not of equal density or otherwise do not match. The specific
zoning and corresponding comprehensive plan map designations affected by the
moratorium were identified in Exhibit "A" to Resolution No. 1746 and are again
attached and incorporated to this resolution for ease of reference The
moratorium shall not apply to any application for a land use permit or approval
which was completed and vested on the effective date of the moratorium, which
was December 12, 2006
SECTION 4. - 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 S. - 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 February, 2007.
CONCURRED in by the Mayor of the City of Kent this day of
February, 2007.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK �1
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Moratorium Continuance -
Residential Rezones
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
February, 2007.
BRENDA JACOBER, CITY CLERK
p\Clvll\Ra olu4on\MoraWdumRa naSinglaFOMIIV pnln9RCempplanConNnuabon doc
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Moratorium Continuance —
Residential Rezones
Exhibit A
Corresponding Zoning and Comprehensive Plan Map Designation
Subject to Moratorium
Zoning Designation Comprehensive Plan Designation
Single Family Residential, 4.5 units per Single Family Residential, 6 units per
acre (SR 4.5) acre (SF 6)
Single Family Residential, 4.5 units per Single Family Residential, 8 units per
acre (SR 4 5) acre (SF 8)
Single Family Residential, 6 units per Single Family Residential, 8 units per
acre (SR 6) acre (SF 8)
Single Family Residential, 6 units per Single Family Residential, 4.5 units per
acre (SR 6) acre (SF 4.5)
Single Family Residential, 6 units per Low Density Multifamily (LDMF)
acre (SR 6)
Single Family Residential, 6 units per Medium Density Multifamily (MDMF)
acre (SR 6)
Single Family Residential, 6 units per Mixed-Use (MU)
acre (SR 6)
Single Family Residential, 6 units per Commercial (C)
acre (SR 6)
Professional and Office (0) Single Family Residential, 6 units per
acre SF 6
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Moratorium Continuance —
Residentiai Rezones
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Kent, Washington, relating to zoning and comprehensive
plan map designations and terminating a moratorium on
the filing of rezone and other dependent land use
applications for real property with single-family
residential zoning and/or single-family residential
comprehensive plan map designations that are not of
equal density or otherwise do not match (Dkt 2006-4).
RECITALS
A. On December 12, 2006, the Kent City Council adopted Resolution
No. 1746, which imposed a moratorium on the filing of rezone and other related
land use applications that would require the granting of a rezone to effectuate all
or part of the application being filed. The moratorium applies only to real
property with single-family residential zoning and/or single-family residential
comprehensive plan map designations that are not of equal density or otherwise
do not match. The moratorium was imposed in conjunction with the authorization
to proceed with comprehensive plan amendment application Dkt 2006-4, which is
a study of the moratorium issues.
B. RCWs 36.70A.390 and 35A.63.220 authorize the moratorium
provided that a public hearing is held within sixty (60) days of its adoption. This
hearing was held on February 6, 2007, before the Kent City Council. The Council
has considered written comments and public testimony received at the hearing as
well as material presented by staff at the hearing. The information provided
indicates that the moratorium is no longer necessary because of the pace at which
the Dkt 2006-4 study is proceeding.
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Moratorium Termination —
Residential Rezones
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. - Recitals Incorporated. The recitals set forth in this
resolution are incorporated by this reference.
SECTION 2. - Termination of Moratorium. Based on the Findings of Fact
adopted in Sections 1, the City Council determines that it is not necessary for the
moratorium enacted in Resolution No. 1746 to remain in effect for the entire six
(6) month period set forth in said Resolution. Accordingly, the moratorium
adopted in Resolution No. 1746 shall terminate effective immediately upon
passage of this resolution.
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. - Ratification. Any act consistent with the authority and prior
to the effective date of this resolution is hereby ratified and affirmed.
SECTION 5. - 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 February, 2007.
CONCURRED in by the Mayor of the City of Kent this day of
February, 2007.
SUZETTE COOKE, MAYOR
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Moratorium Termination -
Residential Rezones
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
February, 2007.
BRENDA JACOBER, CITY CLERK
P\Civil\Resolution\MoratorlumRezone5ingleFamilyioningCompPlanTermination.doc
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Moratorium Termination —
Residential Rezones
CONSENT CALENDAR
6. City Council Action:
Councilmember �Ctltwc '>/ moves, Councilmember
seconds to approve Consent C lendar Items A through V
Discussion
iAction pq�
6A. Approval of Minutes
Approval of the minutes of the regular Council meeting of January 16, 2007.
6B. Approval of Bills
Approval of payment of the bills received through November 30 and paid on
November 30, 2006 after auditing by the Operations Committee on December 5, 2006.
Approval of checks issued for vouchers:
Date Check Numbers Amount
l 1/30/06 Wire Transfers 2645-2661 $1,402,070 66
11/30/06 PrePays & Regular 601702-602378 4,365,141 49
Use Tax Payable 2,45433
$5,769,666 48
Approval of payment of the bills received through December 15 and paid on
December 15, 2006 after auditing by the Operations Committee on January 16, 2007.
Approval of checks issued for vouchers:
Date Check Numbers Amount
12/15/06 Wire Transfers 2662-2679 $1,827,094.56
12/15/06 PrePays & Regular 602379-602956 308,518.71
Use Tax Payable 2,10058
$41937,713 85
(continued on back)
6B. Approval of Bills. (Continued)
Approval of payment of the bills received through December 31 and paid on
December 31, 2006 after auditing by the Operations Committee on January 16, 2007.
Approval of checks issued for vouchers:
Date Check Numbers Amount
12/31/06 Wire Transfers 2680-2694 $1,330,396 68
12/31/06 PrePays & Regular 602957-603425 3,742,553 27
Use Tax Payable 88808
$51073,838.03
Approval of checks issued for payroll for November 16 through November 30 and paid
on December 5, 2006:
Date Check Numbers Amount
12/5/06 Checks 294620-294862 $ 237,520.90
12/5/06 Advices 205519-206211 1,656,007.70
Total Regular Payroll $1,893,529.60
Approval of checks issued for payroll for December 1 through December 15 and paid
on December 20, 2006.
Date Check Numbers Amount
12/13/06 Void Check 294318 -$509.39
12/13/06 Interim Check 294863 509.39
12/20/06 Checks 294864-295097 188,805 75
12/20/06 Advices 206212-206907 $1289,087 66
Total Regular Payroll $1,477,893.41
Approval of checks issued for payroll for December 16 through December 31 and paid
on January 5, 2007:
Date Check Numbers Amount
1/5/06 Check 295098-295342 $216,31183
1/5/06 Advices 206908-207601 1,294,355 98
Total Regular Payroll $1,510,667 81
Council Agenda
Item No. 6 A-B
• Kent City Council Meeting
KENT January 16, 2007
_ _WAs HI N_GTON
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke.
Councilmembers present Albertson. Clark, Harmon, O'Brien, Ranmger, Raplee, and Thomas.
(CFN-198)
CHANGES TO AGENDA
A. From Council, Administration, or Staff. (CFN-198) Mayor Cooke announced that, due to
an impending ice storm, the following Public Communications items are being rescheduled to the
February 6 Council meeting Item D—Washington State Public Works Board Award Presenta-
tion; Item E — Fire Department Community Emergency Response Team (CERT) Presentation,
Item G— Introduction of Historical Society Director; and Item H—Economic Development
Update She added that Continued Communications Item A—Update from King County Council
Representative Reagan Dunn - will also appear on the February 6 agenda
rHodgson removed Consent Calendar Item I— Kent Kangley Road and Kent 5 Bridge at Rock
Creek - saying it will be brought back at another time, and moved Consent Calendar Item M—
Resolution Regarding Official Newspaper—to Other Business. He also removed Property
Acquisition from the Executive Session. He noted that there will be two items of pending
litigation, one of which may require action, and estimated the time of the executive session at ten
minutes.
B From the Public. (CFN-198) At the request of Daniel Parks, 21647 98`"Avenue South, the
status of the S 224`h St Corridor Extension project was added as Continued Communications
Item A
Laura Pierce, 6303 S. 2491h, introduced herself as the new editor of the Kent Reporter newspaper
and invited everyone to contact her with any questions or concerns
PUBLIC COMMUNICATIONS
A. Public RecoEnition. (CFN-198) Mayor Cooke thanked the Kent Fire Department,
Firefighters Local 1747, and the Kent Firefighters Foundation for their work on the Toys for Joy
gift drive and distribution this year.
B. Community Events. (CFN-198) Council President Ranmger announced the Ladysmith
Black Mambazo presentation to be held on January 21. Harmon urged everyone to attend one of
the three meetings regarding changes to zoning and planning rules
C. Employee of the Month. (CFN-147) The Mayor introduced Brad Soper, Support Specialist
in the Information Technology Department, and announced that he has been selected as Employee
of the Month for January Technical Services Manager Paul Dunn noted that Soper works with
most of the employees and always provide excellent customer service. Soper was presented with
the Employee of the Month plaque by Mayor Cooke.
D Kent Parks Foundation Donation. (CFN-118) Parks Director Watling introduced Sandy
Pederson, Executive Director for the Parks Foundation, who announced that a check in the amount
1
Kent City Council Minutes January 16, 2007
of$48,000 has been delivered to the City from funds raised by the sale of horses and benches on
the carousel.
CONSENT CALENDAR
RANNIGER MOVED to approve Consent Calendar Items A through N, with the exception of
Items I and M. Clark seconded and the motion carried
A Approval of Meeting. (CFN-198) The minutes of the regular Council meeting of
December 12, 2006, were approved.
B Approval of Bills. (CFN-104) Numbers were not available for approval.
C Single Family Residential Moratorium (CFN-121) February 6, 2007, was set as the date for
a public hearing to consider the moratorium imposed on December 12, 2006, on the filing of
rezone and other dependent land use applications for real property with mismatched single family
residential zoning and land use designations.
D. Dean Street Alley Vacation. (CFN-102) Ordinance No. 3828 vacating a portion of Dean
Street, in the City of Kent as described in the applicant's petition was adopted. On December 12,
20065 the Council approved the vacation with the conditions recommended by staff Those
conditions have since been satisfied
E Wagner Architects Contract for Russell Road Operations Center Renovation. (CFN-120)
The Mayor was authorized to enter into an agreement with Wagner Architects for preliminary
design studies of the Russell Road Maintenance Facility Renovation Project
F Engineering Economics Inc. Agreement for Service to Replace Underground Fuel Tank.
(CFN-907) The Mayor was authorized to enter into an agreement with Engineering Economics,
Inc. for design services to replace underground vehicle fuel tanks at the Public Works Operations
Facility, subject to approval of final terms and conditions by the City Attorney.
G. Seattle King County Health Department Local Hazardous Waste Management
Program—Grant Agreement. (CFN-738) The Mayor was authorized to sign the Local
Hazardous Waste Management Program (LHWMP) grant contract agreement in the amount of
$19,732 18, direct staff to accept the grant, and establish a budget for the funds to be spent within
said project.
H. Olympic Environmental Resources Contract Agreement (CFN-904) The Mayor was
authorized to sign the Olympic Environmental Resources Contract Agreement for Waste
Reduction and Recycling Activities and Programs for 2007 in the amount of$59,690
J. 2007 King County Public Entity Services Contract. (CFN-122) The Mayor was
authorized to sign the 2007 King County Public Entity Services Contract. This contract provides
for reimbursement of up to a seven-day supply of prescribed medications to defendants at the City
of Kent Corrections Facility, and makes appropriate referral for mental health evaluation and other
mental health services. The agreement has been reviewed by the Law Department.
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Kent City Council Minutes January 16, 2007
K. Kent Senior Center Additions and Upgrades. (CFN-1149) The Kent Senior Center
Additions and Upgrades Project was accepted as complete upon standard releases from the State
and release of any liens, if tiled.
L. Kent Transit Center Improvements/Pioneer Street. (CFN-171) The Kent Transit Center
Improvement project was accepted as complete upon standard releases from the state and release
of any liens.
N Shannon & Wilson Inc. Contract Agreement. (CFN-1038) The Mayor was authorized to
sign the Shannon & Wilson Contract Agreement for Peer Review of Wetland Projects for 2007 in
' the amount of$45,000, subject to review and approval of the final terms and conditions by the
City Attorney.
OTHER BUSINESS
A. Kent Event Center. (CFN-1305) Staff has determined that the cost required to conduct
further work with the architect, other consultants and the general contractor in order to reach
milestone number three is $959,000, which will continue the project through March 6, when the
contractor's first cost estimate will be presented to the City Council The Event Center Citizen
Advisory Board recommends that these funds be appropriated for the project.
CAO Hodgson announced that Mortensen Construction has been selected as the contractor for the
project. Upon questions from Council members, he explained that the majority of the funds are to
be used to create the schematic design for the facility
RAPLEE MOVED to authorize the Mayor to expend up to an additional $959,000 and to take all
acts necessary to continue the design and development of the proposed Kent Event Center, to enter
into all related contracts and other agreements, and further, to authorize and ratify all acts consis-
tent with this and other funding authorizations under the authority granted by this motion Clark
seconded.
O'Brien voiced opposition to the project, stating that it is an opportunity rather than a need. Clark
pointed out that this project will take downtown development to the next level, that the base price
will be financed through the contracts that fill the Center, and that it will provide opportunities for
business, entertainment, education, and trade shows. Ranniger requested that information regard-
ing traffic and parking be provided prior to March 6. She added that if streamlined sales tax came
into being, the Event Center would help maintain a good tax base. Harmon opined that the Event
Center is part of the goal of making Kent an active center Hodgson explained that the funds
would come from the Water Fund, which would then be refunded at the end of the year. Thomas
spoke in favor of the Event Center, and Albertson stated that it is important to have a strong
community and that this is a natural progression In response to comments from O'Brien,
Hodgson noted that funding is being pursued for railroad grade separations on S. 228'h S. 212rh
and Willis Street Raplee's motion then carried with O'Brien opposed
B Official Newspaper. (CFN-198) In 1985, the Kent City Council designated the King County
Journal as the City's official newspaper. The owners of the King County Journal announced that
they will discontinue publication as of January 21, 2007.
3
Kent City Council Minutes January M, 2007
City Attorney Brubaker noted that this matter was discussed by the Operations Committee, who
recommended using the Kent Reporter He emphasized that other newspapers can be used as well
when necessary
CLARK MOVED to adopt Resolution No 1747 which designates the Kent Reporter as the official
newspaper for the City of Kent, effective January 22, 2007 Ranmger seconded and the motion
carried
BIDS
A 116th Avenue SE Joint Utility Trench. (CFN-1038) The bid opening for this project was
held on December 21, 2006, with five bids received. The low bid was submitted by Rodarte
Construction, Inc. in the amount of$671,368.00 RAPLEE MOVED to accept the bid by Rodarte
Construction, Inc in the amount of$671,368.00 for the 116`h Avenue SE Joint Utility Trench.
Clark seconded and the motion carried
REPORTS
Council President. (CFN-198) No report was given.
Mavor's Report. (CFN-198) Mayor Cooke noted that she had recently visited El Grullo,
Mexico
Operations Committee. (CFN-198) Clark reported that he had testified before the King County
Council on the adoption of a flood hazard management plan, and explained the issue
Parks and Human Services Committee. (CFN-198) Ranmger noted that the next meeting will
be held at 5 00 p.m. on Thursday, January 18.
Planning and Economic Development Committee. (CFN-198) No report was given.
Public Safety Committee. (CFN-198) Recently promoted Police Captain Ron Price was
introduced
Public Works Committee. (CFN-198) Raplee announced a special meeting on Monday,
January 22, at 4:00 p in
Administration. (CFN-198) Hodgson reminded the Council of an executive session of two
pending litigation items, with possible action during the regular session He estimated the time of
the executive session to be ten minutes.
CONTINUED COMMUNICATIONS
A. S. 224�h St. Corridor Extension. (CFN-1308) Daniel Parks, 21647 98`h Avenue South,
requested that the S 224"' St. Extension, Phase III be removed from the Transportation
Improvement Program. He said the EIS states that improvements would be marginal, and said he
thinks the cost estimate is too low due to the required mitigations He also voiced opposition to
the proposed increased speed limit, and said common sense alternatives were never explored He
said there are many more reasons to stop this project, including the waste of taxpayer dollars.
4
Kent City Council Minutes January 16, 2007
Ranniger said she has received a letter from Cathy and Jack Nixon regarding this project, and that
it included all of the public comments that were made during the Draft Environmental Impact
Statement review meetings. CLARK MOVED to make the letter and comments a part of the
public record Ranniger seconded and the motion carried
EXECUTIVE SESSION
The meeting recessed to Executive Session at 8 07 p in and reconvened at 8 28 p in.
ADJOURNMENT
At 8 28 p m. ALBERTSON MOVED to adjourn. Thomas seconded and the motion carried.
Brenda Jacober, CMC
City Clerk
1
5
Kent City Council Meeting
Date February 6, 2007
Category Consent Calendar
1. SUBJECT: MULDER FINAL PLAT— APPROVE
2. SUMMARY STATEMENT: Approve the final plat mylar for Mulder and
authorize the Mayor to sign the mylar. Harry Singh proposes to subdivide approxi-
mately 4 77 acres into 26 single-family residential lots. The property is located at
26009 124`h Avenue SE.
3. EXHIBITS: Map and Memo with conditions
4. RECOMMENDED BY: Community Development & Public Works Dept Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget9 Yes No
If no:
Unbudgeted Expense: Fund Amount S
Unbudgeted Revenue Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6C
COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
KEN T PLANNING SERVICES
Charlene Anderson,AICP, Manager
W TSMI N GTON
Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: February 6, 2007
TO: MAYOR SUZETTE COOKE, COUNCIL PRESIDENT DEBORAH
RANNIGER AND CITY COUNCIL MEMBERS
FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
1 THROUGH: MAYOR SUZETTE COOKE
SUBJECT: MULDER FINAL PLAT (#FSU-2005-9/KIVA #2064932)
MOTION: Approve the final plat mylar for Mulder and authorize the Mayor to sign the mylar.
SUMMARY: Harry Singh proposes to subdivide approximately 4.77 acres into 26 single-
family residential lots The property is located at 26009 124°i Avenue SE.
BUDGET IMPACT: None
L BACKGROUND: On December 5, 2005, the Hearing Examiner issued Findings,
Conclusions and a Decision granting approval of a preliminary plat, with 16 conditions.
The applicant has complied with the conditions required prior to recording.
S\Permlt\Plan\longplats\2006\2064932-FSU-2005-9cc.DOC
Enclosure Conditions of approval—Hearing Examiner
MULDER
SU-2005-9 KIVA #RPP5-2064932
On December 5, 2005, the City of Kent Hearing Examiner approved the Mulder preliminary plat
with the following conditions:
A PRIOR TO RECORDING THIS SUBDIVISION:
1. The Owner / Subdivider shall pay all Charges in Lieu of Assessments and/or
Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference
and/or prior to recording this plat, whichever comes first
2. The Owner / Subdivider shall provide Public Works with a digital plat map
prepared with a CAD program The digital information can be formatted in either
" DWG (AutoCad) or ` DXF (Drawing Exchange File), but must be based upon
State Plane coordinates: an assumed coordinate system is not permitted.
The State Plane Coordinates shall be on the NAD 83/91 datum and relate to at
least two City of Kent reference points within one half mile of the subdivision In
addition, the project shall be tied into at least two City of Kent NAD 88 vertical
benchmarks and two additional permanent benchmarks shall be established
within the project The elevations of these benchmarks will be reported at the time
as-built drawings are submitted along with field notes sufficient to verify their
accuracy
3 The Owner / Subdivider shall submit and receive City approval for engineering
drawings from the Department of Public Works, and shall then either construct or
bond for the following
a. A public gravity sanitary sewer system to serve all lots
The public sanitary sewer system shall be extended from the existing
public sanitary sewer system and shall be sized to serve all off-site
properties within the same service area; in addition, the sanitary sewer
system shall be extended across the entire subdivision as needed to
serve adjacent properties within the same service area, unless otherwise
determined by the sanitary sewer purveyor
The septic system serving the existing home 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
Mulder SU-2005-9
Conditons of Approval
Page 2 of 9
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)
(1) The Engineering Plans will include at a minimum Site
improvement plans which include all plans, details, notes and
specifications necessary to construct road, drainage, and other
related improvements The engineering plans shall include a
technical information report (TIR) which contains all the technical
information and analysis to develop the site improvement plans
The maximum wall height approved by the City of Kent is 6
feet. Please refer to section 5.3 of the City of Kent Storm
Water Design Manual for further information.
(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 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.
(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 directed to a Roof Downspout Infiltration
Mulder SU-2005-9
Conditons of Approval
Page 3 of 9
System meeting the requirements of Section C 2, flow Control
BMP's , in Appendix C to the King County Surface Water Design
Manual These roof downspout conveyance and infiltration
systems shall include overflow pipes connected to an approved
dispersion system The Drainage Plans will include an approved
detail for the Roof Downspout Infiltration System The face of the
recorded plat shall contain the following restriction
AS A CONDITION OF BUILDING PERMIT ISSUANCE,
RESIDENCES CONSTRUCTED ON LOTS OF THIS
SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT
INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE
APPROVED PLANS
(7) If determined necessary by the Public Works Department
following review and approval of the required downstream
analysis, the Owner / Subdivider shall provide public drainage
easements meeting the requirements of the City of Kent
Construction Standards for the specified downstream reach where
adequate public drainage easements do not currently exist.
(8) The Owner / Subdivider shall submit Landscape Plans for within
and surrounding the retention / detention facility to Planning
Services and to the Department of Public Works for concurrent
review and approval prior to, or in conjunction with, the approval of
the Engineering Plans These Landscape Plans shall meet the
minimum requirements of the City of Kent Construction Standards,
and the stormwater management landscaping requirements
contained within the 1998 King County Surface Water Design
Manual Landscape Plans are required to show adjacent Street
Trees so that the City arbonst can assess potential adverse stress
upon all types of vegetation.
(9) The Owner / Subdivider shall execute Declaration of Stormwater
Facility Maintenance Covenants for the private portions of the
drainage system prepared by the Property Management Section
of the Department of Public Works See Reference 8-F,
Declaration of Stormwater Facility Maintenance Covenant, to the
2002 City of Kent Surface Water Design Manual for information on
what is contained within this document
d. A Detailed Grading Plan for the entire subdivision meeting the
requirements of the Uniform Building Code, the City of Kent Construction
Standards, and City of Kent Development Assistance Brochure #1-3,
Excavation and Grading Permits & Grading Plans Initial guidance for
these plans is given below.
Mulder SU-2005-9
Conditons of Approval
Page 4 of 9
(1) These plans will include provisions for utilities, roadways, retention
/ detention ponds, stormwater treatment facilities, and a building
footpad for each lot
(2) These plans shall be designed to eliminate the need for
processing several individual Grading Permits upon application for
Building Permits
(3) These plans will use a two-foot contour interval, and every fifth
contour line will be darker and wider in conformance to standard
drafting practice
e A Temporary Erosion / Sedimentation Control Plan for the entire
subdivision meeting the requirements of the City of Kent Construction
Standards, and the most recent adopted version of the Stormwater
Management Manual for the Puget Sound Basin These plans must
reflect the Detailed Grading Plan discussed above, and Planning Services
approved Detailed Tree Plan
f Interim Street Improvement Plans for 124`h Avenue Southeast along the
entire property frontage thereon These Interim Street Improvement Plans
shall meet the requirements of the City of Kent Construction Standards,
and City of Kent Development Assistance Brochures #6-2, Private and
Public Street Improvements, and # 6-8, Street Improvement Plans, for a
street designated as a Residential Collector Street within the City of Kent
Comprehensive Plan Initial guidance for the necessary interim street
improvements is given below
(1) Combined vertical concrete curbs & gutters, a 5-foot wide planter
strip, and a 5-foot cement concrete sidewalk along the west side
of the street.
(2) A minimum of 18-feet of Hot Mix Asphalt (HMA) pavement as
measured from the approved centerline of the street to the face of
curb on the west side of the street, plus at least 12-feet of HMA
pavement as measured from the centerline of the right-of-way to
the edge of the traveled lane on the east side of the street, and a
4-foot wide HMA shoulder on the east side of the street
(3) A City-approved street lighting system
(4) Public stormwater conveyance, detention and treatment facilities
as applicable
(5) Street Trees installed within the 5-foot wide planting strips
constructed between the back of curb and the front of the cement
concrete sidewalk These Street Trees will be located as approved
Mulder SU-2005-9
Conditons of Approval
Page 5 of 9
by the Public Works Department, and the species shall be
selected from the Approved Street Tree List contained within City
of Kent Development Assistance Brochure #14, City of Kent Street
Trees
g. Street Improvement Plans for the new public Residential Street
connected to 122nd Avenue SE and terminating with a tee intersection at
SE 2601h Street 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 City of Kent Development Assistance Brochure # 6-8,
Street Improvement Plans for a street 28-feet wide Initial guidance for
these street improvements is given below
(1) Combined vertical curbs & gutters and abutting 5-foot wide
cement concrete sidewalks along both sides of this short street
extension
(2) A minimum of 28-feet of Hot Mix Asphalt (HMA) pavement, as
measured from face of vertical curb to face of vertical curb
(3) The Owner/Subdivider shall complete a Lot Line Adjustment with
the owner of the parcel to the west (parcel number 7697920170)
in order to convey a 6-foot landscape tract to the adjacent lot for
purposes of complying with street side yard requirements
(4) 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
(5) A public stormwater drainage system, including provisions for
collection, conveyance, detention, and treatment facilities
(6) Curb return radii of 20-feet at the intersection of the subdivision
Istreet and Southeast 260th Place
(7) Street Trees installed behind the 5-foot wide cement concrete
sidewalks 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
h. Street Improvement Plans for the new public Residential Street
connected to SE 260th Place and then extended easterly to 1241h Avenue
SE The Street Improvement Plans for this street shall be designed in
Mulder SU-2005-9 ✓�
Conditons of Approval
Page 6 of 9
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
City of Kent Development Assistance Brochure # 6-8, Street Improvement
Plans for a street 28-feet wide Initial guidance for these street
improvements is given below
(1) Combined vertical 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 NOTE the existing portion of SE 260th
Street has 5-foot wide abutting cement concrete sidewalks, as will
the intersecting street of 122°d Avenue SE, so an approved
sidewalk transition will be required along the frontages for Lot 9
and Lot 10
(2) A minimum of 28-feet of Hot Mix Asphalt (HMA) pavement, as
measured from face of vertical curb to face of vertical curb
(3) A street lighting system designed to the City's standards,
constructed and maintained by the IntoLight Division of Puget
Sound Energy, all electrical and maintenance bills shall be paid for
by 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) The horizontal alignment of this road must be consistent with
current City of Kent standards for Residential Street
(6) Curb return radii of 20-feet at the intersection of this subdivision
street and 122"d Avenue SE and with 124th Avenue SE
(7) In addition to the on-site street improvements specified herein, the
Owner / Subdivider of this development will also be required to
remove the existing temporary cul-de-sac constructed with Seven
Oaks East, Division No 2, and to complete the new off-site street
improvements for the affected section of SE 2601h Street as
approved by the Department of Public Works
(8) Street Trees installed within the 5-foot wide planting strips These
Street Trees will be located as approved by the Public Works
Department, and the species shall be selected from the Approved
Street Tree List contained within City of Kent Development
Assistance Brochure #14, City of Kent Street Trees
i
Mulder SU-2005-9
Conditons of Approval
Page 7 of 9
I. Street Improvement Plans for the Private Residential Street(s) connected
to Southeast 260`h Street and terminating with a permanent cul-de-sac
bulb, or approved turnaround, at their termini The Private Residential
Street(s) are the driveways serving three or more lots, including but not
limited to the driveway serving Lots 10, 11, and 26 All driveways serving
two lots shall be designated joint-use driveways The Street Improvement
Plans for the Private Residential Street(s) shall be designed in
conformance to the requirements for a Private Residential Street as
required by City of Kent Construction Standards, and City of Kent
Development Assistance Brochure #6-2, Private and Public Street
Improvements and City of Kent Development Assistance Brochure # 6-8,
Street Improvement Plans for a private street least 20-feet wide Initial
guidance for these street improvements is given below
i (1) A minimum of 20-feet of Hot Mix Asphalt (HMA) pavement,
measured from face of vertical curb to face of vertical curb, except
where additional pavement width is required by the Fire Marshal
for emergency vehicle access
(2) The connection of all private streets to SE 2601h Street will be
provided with a Commercial Driveway Approach meeting the
requirements of Standard Detail 6-5(b) using an inside radius of
30-feet
(3) An approved cul-de-sac bulb, or turnaround at its terminus, unless
these additional street improvements are not required by the City
Fire Marshal
(4) A private stormwater drainage system, including provisions for
conveyance, detention, and treatment facilities where applicable
(5) Unless additional HMA pavement width is provided for parking, all
minimum width private streets serving more than two lots shall
have pavement markings and traffic signs installed which clearly
designate these private streets as Fire Lanes, where no parking
will be permitted
(6) The private streets must be centered within a private roadway
tract or easement that is at least 1-foot wider than the total width
of the private street
J. Street Light Plans for all public streets meeting the requirements of the
i City of Kent Construction Standards,,' and City of Kent Development
Assistance Brochure #6-1, Street Lighting Requirements
4. The Owner / Subdivider shall create a Homeowner's Association for this
subdivision to ensure that the property owners within this subdivision are advised
Mulder SU-2005-9
Conditons of Approval
Page 8 of 9
of their requirement to pay for the provided street lighting systems Those
sections of the required document written to govern that association as they
relate to any IntoLight Division of Puget Sound Energy street lighting systems,
shall be reviewed and approved by the Department of Public Works, prior to the
recording these documents
5 The face of the final plat will clearly identify all three private streets, and which
lots will be served by each of those private streets The face of the final plat will
also specify that the maintenance of all private streets is the sole responsibility of
the property owners who are served by those private streets
6. Direct vehicular access to and from lots having frontage along 1241h Avenue SE
is prohibited, and the face of the final plat will carry the following restriction
DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE
ALONG 124T" AVENUE SOUTHEAST STREET IS PROHIBITED ACCESS FOR
THESE LOTS IS RESTRICTED TO THOSE NEW PUBLIC AND PRIVATE
STREETS SHOWN ON THE FACE OF THIS PLAT
7 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
8. The Owner / Subdivider shall submit and receive approval of a Detailed Tree
Plan, meeting the requirements of the Kent Zoning Code, and City of Kent
Development Assistance Brochure #3, Detailed Tree Plans, prior to the issuance
of any Construction Permits for the subdivision Grading Plans cannot be ,
approved by the Department of Public Works without an approved Detailed Tree
Plan Detailed Tree Plans are not to be confused with required Street Tree Plans,
which have an entirely different purpose
9. Prior to release of any construction bonds, and prior to the approval of any
Building Permits within the subject subdivision, the Department of Public Works
must receive and approve As-Built Drawings meeting the requirements of the
City of Kent Construction Standards, and City of Kent Development Assistance
Brochure #E-1, As-Budd Drawings, for Streets, Street Lighting System, Water,
Sewer, Stormwater Drainage Facilities, and all off-site improvements where the
locations and/or elevations are deemed critical by the Department of Public
Works
10. Break-away mailbox clusters shall be installed at locations and per standards
approved by the US Postmaster and the City of Kent Public Works Department
11. Prior to recording this subdivision the owner/subdivider shall hire a certified
arborist to evaluate the trees located off-site along the south property line of the
subject property prior to commencement of any grading activities The
evaluation shall include the approximately 26 trees on adjacent properties
' Mulder SU-2005-9
Conditons of Approval
' Page 9 of 9
identified as tax parcels #2822059213, 2822059217, 2822059215 and
2822059204 A written assessment shall be made about the health of the trees
on these lots and the potential impact grading and clearing activities for site
development will have on the trees A copy of this written assessment shall be
' provided by the developer to the city If said trees are determined hazardous and
are recommended to be removed by the arbonst because of the potential
impacts of this development, the developer shall remove the specified tree(s) as
identified Removal of said tree(s) on the neighboring properties will also require
permission from those property owners
B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS
SUBDIVISION, THE OWNER/ SUBDIVIDER SHALL:
1 Record the Plat
' 2. Pay the Environmental Mitigation Fee for that lot
3 Construct all of the improvements required above
4 Submit and receive City approval for As-Built Drawings meeting the requirements
' of City of Kent Development Assistance Brochure #E-1, As-Budd Drawings, for
street improvements, stormwater management system, street lighting system,
and other off-site improvements where determined necessary by the City
' C. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT on Lot 24 of this subdivision, the
owner/subdivider shall provide documentation from the Seattle King County Health
' Department that the proposed building activity is in compliance with the setback waiver
conditions approved for this site by the King County Board of Water on November 7,
2005
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Kent City Council Meeting
Date February 6, 2007
Category Consent Calendar
l. SUBJECT: PARKVIEW FINAL PLAT—APPROVE
2. SUMMARY STATEMENT: Approve the final plat mylar for Park View and
authorize the Mayor to sign the mylar. Harbour Homes proposes to subdivide
approximately 9 42 acres into 44 single-family residential lots. The property is located
at the NW corner of SE 288"' and 144`h Avenue SE.
3. EXHIBITS: Map and Memo with conditions
' 4. RECOMMENDED BY: Community Development and Public Works Dept 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. 6D
' COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
KENT PLANNING SERVICES
Charlene Anderson,AICP, Manager
W A s"'"G T G" Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: February 6, 2007
TO: MAYOR SUZETTE COOKE, COUNCIL PRESIDENT DEBORAH
RANNIGER AND CITY COUNCIL MEMBERS
FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
' THROUGH: MAYOR SUZETTE COOKE
SUBJECT: PARK VIEW FINAL PLAT (#FSU-2003-9/KIVA #2063966)
' MOTION: Approve the final plat mylar for Park View and authorize the Mayor to sign the
mylar.
SUMMARY: Harbour Homes, proposes to subdivide approximately 9.42 acres into 44
single-family residential lots. The property is located at the NW corner of SE 2881h and
144`h Avenue SE.
BUDGET IMPACT: None
BACKGROUND: On April 21, 2005, the Hearing Examiner issued Findings,
' Conclusions and a Decision granting approval of a preliminary plat, with 21 conditions.
The applicant has complied with the conditions required prior to recording.
S\Permit\Plan\longplats\2006\2063966-FSU-2003-9cc DOC
Enclosure Conditions of approval—Hearing Examiner
PARK VIEW
#SU-2003-9
On April 21, 2005, the City of Kent Hearing Examiner approved the Park View #SU-2003-9 long
subdivision with the following approved conditions.
A. Prior to Recording this Subdivision:
1. The Owner / Subdivider shall pay all Charges in Lieu of Assessments and/or
Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference
and/or prior to recording this plat, whichever comes first.
2. The Owner / Subdivider shall provide Public Works with a digital plat map
' prepared with a CAD program. The digital information can be formatted in either
*.DWG (AutoCad) or *.DXF (Drawing Exchange File), but must be based upon
State Plane coordinates: an assumed coordinate system is not permitted. The
State Plane Coordinates shall be on the NAD 83/91 datum and relate to at least
two City of Kent reference points within one half mile of the subdivision. In
addition, the project shall be tied into at least two City of Kent NAD 88 vertical
' benchmarks and two additional permanent benchmarks shall be established
within the project. The elevations of these benchmarks will be reported at the
time as-built drawings are submitted along with field notes sufficient to verify
' their accuracy.
3. The Owner / Subdivider shall submit and receive City approval of engineering
drawings from the Department of Public Works, and shall then either construct
or bond for the following:
a. A gravity sanitary sewer system to serve all lots.
This development will be served by the Soos Creek Water & Sewer
' District and will be constructed to Soos Creek Water & Sewer District
standards and specifications. The Owner / Subdivider shall submit a
letter of Sewer Availability from the District prior to preliminary plat
' approval.
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.
1 b. A water system meeting domestic and fire flow requirements for all lots.
This development will be served ty Water District #111 and will be
constructed to Water District #111' standards and specifications. The
Owner / Subdivider shall submit a letter of Water Availability from the
District prior to preliminary plat approval.
Existing wells — if any - shall be abandoned in accordance with the
requirements of the Department of Ecology
C. A stormwater system. The Engineering Plans must meet the minimum
requirements of the City of Kent Construction Standards and 2002 City of
Kent Surface Water Design Manual (KSWDM). Initial guidance for the '
Engineering Plans are given below (See Chapter 2 of KSWDM for detailed
submittal requirements):
(1) The Engineering Plans will include at a minimum: Site
improvement plans which include all plans, details, notes and
specifications necessary to construct road, drainage, and other '
related improvements. The engineering plans shall include a
technical information report (TIR) which contains all the technical
information and analysis to develop the site improvement plans. ,
(2) An erosion and sedimentation control (ESC) plan shall be included
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 ,
Department approved Detailed Tree Plan
(3) The retention / detention and release standard that will be met by '
the subdivision is Level Two. The water quality menu that will be
met by the subdivision is the Resource Stream Protection
Menu. '
(4) The site improvement plans and technical information report will
contain drainage calculations and a drawing of the retention /
detention pond tract at an appropriate engineering scale. The site
improvement plans will also show that all required stormwater
management facilities will be outside of delineated wetlands and ,
their buffers, as well as outside of creeks and rivers and their
buffers.
(5) A level 2 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. The downstream analysis shall be done
for the reach downstream of the existing wetland as well as the
reach along SE 288`h Street. The Applicant / Owner shall
consult with King County regarding any drainage
complaints for the downstream reach. These complaints
shall be incorporated into the downstream analysis.
Park View '
#SU-2003-9
Conditions of Approval ,
Page 2 of 11
(6) As development occurs within this subdivision, roof downspouts
for each roofed structure (house, garage, carport, etc.) shall be
directed to a Roof Downspout Infiltration System meeting the
requirements of Section 5.1 of the 1998 King County Surface
Water Design Manual. These roof downspout conveyance and
infiltration systems shall include overflow pipes connected to an
approved dispersion system. The face of the recorded subdivision
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 DRAINAGE PLANS.
tIf the sods report determines that infiltration trenches are not
appropriate for this site, the applicant / owner shall also include
1 Dispersion or Native Growth Open Space BMPs in the Drainage
Plans in accordance with the King County Surface Water Design
Manual. The Dispersion or Native Growth Open Space BMPs shall
' be established from the overflow of the roof downspout infiltration
system.
(7) If determined necessary by the Public Works Department
following review and approval of the downstream analysis, the
Owner / Subdivider shall provide public drainage easements
' meeting the requirements of the City of Kent Construction
Standards for the specified downstream reach where adequate
public drainage easements do not currently exist.
(8) The Owner / Subdivider shall submit Landscape Plans for within
and surrounding the retention / detention facility to 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
Park View
#SU-2003-9
Conditions of Approval
Page 3 of 11
Kent Surface Water Design Manual for information on what is '
contained within this document.
d. A Detailed Grading Plan for the entire subdivision meeting the
requirements of the Uniform Budding Code, the City of Kent Construction
Standards, and City of Kent Development Assistance Brochure #1-3,
Excavation and Grading Permits & Grading Plans. Initial guidance for
these plans is given below:
(1) These plans will include provisions for utilities, roadways,
retention / detention ponds, stormwater treatment facilities, and a
building footpad for each lot.
(2) These plans shall be designed to eliminate the need for processing
several individual Grading Permits upon application for Budding '
Permits.
e. Interim Street Improvement Plans for 1441h Avenue Southeast along the
entire property frontage thereon. These Interim Street Improvement
Plans shall meet the requirements of the City of Kent Construction
Standards, and Gty of Kent Development Assistance Brochures #6-2, ,
Private and Public Street Improvements, and # 6-8, Street Improvement
Plans, for a street designated as a Residential Collector Arterial Street by
the City of Kent Master Plan of Roadways. Initial guidance for the '
necessary interim street improvements is given below:
(1) Combined vertical concrete curbs & gutters, a 5-foot wide planter
strip, and a 5-foot cement concrete sidewalk on the west side of
the street.
(2) A minimum of 18-feet of asphalt pavement as measured from the ,
centerline of the right-of-way or City-approved roadway centerline
to the vertical face of curb on the west side of the street, plus at
least 12-feet of asphalt pavement as measured from the approved
centerline to the edge of the traveled lane on the east side of the
street.
(3) An approved shoulder on the east side of the street.
(4) A City-approved street lighting system. ,
(5) Public stormwater conveyance, detention and treatment facilities '
as applicable.
1
(6) Street Trees installed wAira the 5-foot wide planting strips ,
constructed between the back of curb and the front of the cement
concrete sidewalk. These Street Trees will be located as approved
Park View '
#SU-2003-9
Conditions of Approval
Page 4 of 11
by the Public Works and Planning Departments, and the species
shall be selected from the Approved Street Tree List contained
within City of Kent Development Assistance Brochure #14, Gty of
Kent Street Trees.
f. Street Improvement Plans for Southeast.2881h Street for the entire
property frontage thereon. The Applicant / Owner will be required to
submit and receive approval of Street Improvement Plans for Southeast
' 288th Street from King County before obtaining the required King County
Right-of-Way Permit necessary to work within their right-of-way. The
Applicant / Owner shall then construct the required street improvements
' prior to, or in conjunction with the issuance of City of Kent construction
permits for the required subdivision roadway and utility improvements.
These Street Improvement Plans shall meet the standards and
requirements for a street designated as a Neighborhood Collector Street
by King County.
g. Interim Street Improvement Plans for the off-site portions of 1441h
Avenue Southeast and Southeast 2881h Street from the end of the
frontage improvements identified above to the intersection of the two
roadways having frontage along this development. 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 Pubbc Street Improvements, and # 6-8,
Street Improvement Plans, for a street designated as a Residential
Collector Arterial Street by the City of Kent Master Plan of Roadways for
144th Avenue Southeast and King County Neighborhood Collector Street
standards for improvements along Southeast 288th Street. Initial
guidance for the necessary interim street improvements for that portion
lying within the City of Kent is given below. For the portion lying within
the Southeast 2881h Street right-of-way, King County shall determine
appropriate conditions. This will coordinated with the City of Kent Public
Works Department to assure compatibility of the two roadway designs.
(1) A minimum of 24-feet of asphalt pavement as measured from
edge of pavement to edge of pavement with a minimum 35-foot
pavement edge return at the northwest corner of the intersection.
(2) A minimum 6-foot wide vertically separated asphalt paved
shoulder / walkway on the west side of the roadway. An approved
gravel shoulder on the east side of the street.
(3) A City-approved street lighting system.
(4) Public stormwater facilities as applicable.
Park View
#SU-200.3-9
Conditions of Approval
Page 5 of 11
h. Street Improvement Plans for the new public Residential Streets identified '
as Roads A and C on the preliminary plat and connected to Southeast
2881h Street. The Street Improvement Plans for these streets shall be
designed in conformance to the requirements for a Residential Street as
required by City of Kent Construction Standards, and City of Kent
Development Assistance Brochures #6-2, Private and Public Street
Improvements and City of Kent Development Assistance Brochure # 6-8,
Street Improvement Plans for streets 28-feet wide. Initial guidance for
these street improvements is given below:
(1) Combined vertical curbs & gutters, a 5-foot wide planting strip
constructed between the back of curb and the front of the
sidewalk, and then 5-foot wide cement concrete sidewalks along
both sides of each street.
(2) A minimum of 28-feet of asphalt pavement, measured from
vertical face of curb to vertical face of curb; a minimum of 45-feet
to face of curb for the cul-de-sac.
(3) A street lighting system designed to the City's standards,
constructed and maintained by the IntoLight Division of Puget
Sound Energy; all electrical and maintenance bills shall be paid for
by a Home Owner's Association.
(4) A public stormwater drainage system, including provisions for ,
collection, conveyance, detention, and treatment facilities.
(5) Curb return radii of 20-feet at all intersections of the subdivision ,
streets, including the intersections with 144th Avenue Southeast
and Southeast 288th Street.
(6) Note: the east right-of-way margin of proposed Road A, along the
abutting parcels to the east, must be coincident with the east
property line of this subdivision to allow access to those abutting
properties in the future, if determined necessary by the City.
(7) Street Trees installed within the 5-foot wide planting strips. These '
Street Trees will be located as approved by the Public Works and
Planning Departments, and the species shall be selected from the '
Approved Street Tree List contained within City of Kent
Development Assistance Brochure #14, City of Kent Street Trees.
i. Street Improvement Plans for the new public Residential Streets identified
as Road B and Road D on the preliminary plat and connected to 144th
Avenue Southeast and to Road A. The Street Improvement Plans for
these streets shall be designed in conformance to the requirements for a
Residential Street as required by City of Kent Construction Standards, and
Park View '
#SU-2003-9
Conditions of Approval '
Page 6 of 11
1 City of Kent Development Assistance Brochures #6-2, Private and Public
Street Improvements and City of Kent Development Assistance Brochure
' # 6-8, Street Improvement Plans for streets 28-feet wide. Initial guidance
for these street improvements is given below:
(1) Combined vertical curbs & gutters, a 5-foot wide planting strip
constructed between the back of curb and the front of the
sidewalk, and then 5-foot wide cement concrete sidewalks along
the development side of each street.
(2) A minimum of 20-feet of asphalt pavement, measured from
vertical face of curb to the edge of asphalt pavement on the other
side of the street.
(3) A street lighting system designed to the City's standards,
constructed and maintained by the IntoLight Division of Puget
Sound Energy; all electrical and maintenance bills shall be paid for
by a Home Owner's Association.
(4) A public stormwater drainage system, including provisions for
' collection, conveyance, detention, and treatment facilities.
(5) Curb return radii of 20-feet at all intersections of the subdivision
streets, including the intersections with 144th Avenue Southeast
and Road A.
(6) Street Trees installed within the 5-foot wide planting strips. These
Street Trees will be located as approved by the Public Works and
Planning Departments, and the species shall be selected from the
Approved Street Tree List contained within City of Kent
Development Assistance Brochure #14, Clty of Kent Street Trees.
I. Street Improvement Plans for the new Private Residential Streets
connected to new public Residential Streets. The Street Improvement
Plans for this street shall be designed in conformance to the requirements
' for a Private Residential Street as required by City of Kent Construction
Standards, and City of Kent Development Assistance Brochure #6-2,
Private and Public Street Improvements and City of Kent Development
Assistance Brochure # 6-8, Street Improvement Plans Initial guidance
for these street improvements is given below:
(1) A minimum of 20-feet 'of asphalt concrete pavement is suggested
for each private street serving four or more lots; a minimum width
of 16-feet of asphalt concrete pavement is required for each
1 private street serving two or three Lots.
Park View
#SU-2003-9
Conditions of Approval
Page 7 of 11
(2) A private stormwater drainage system, including provisions for
conveyance, detention, and treatment facilities where applicable.
(3) Unless additional asphalt concrete pavement width is provided for
parking, all minimum width private streets serving more than two
lots shall have pavement markings and traffic signs installed which ,
clearly designate these private streets as Fire Lanes, where no
parking will be permitted.
(4) Each private street must be centered within a private roadway
tract or easement that is at least 1-foot wider than the total paved
width of the private street. '
k. Street Light Plans for 144th Avenue Southeast, Southeast 288" Street,
and for all internal Residential Streets meeting the requirements of the
City of Kent Construction Standards, and City of Kent Development
Assistance Brochure #6-1, Street Lighting Requirements.
4. The Owner / Subdivider shall create a Homeowner's Association for this ,
subdivision to ensure that the property owners within this subdivision are advised
of their requirement to pay for the provided street lighting system. Those
sections of the required document written to govern that association as they
relate to any IntoLight Division of Puget Sound Energy street lighting systems,
shall be reviewed and approved by the Department of Public Works, prior to the
recording these documents.
5. The face of the final plat will clearly identify all private streets, and which parcels ,
will be served by those private streets. The face of the final plat will also specify
that the maintenance of all private streets is the sole responsibility of the
property owners who are served by those private streets.
6. Direct vehicular access to and from lots having frontage along 144th Avenue
Southeast and along Southeast 288th Street is prohibited, and the face of the '
final plat will carry the following restriction:
DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG 144T" ,
AVENUE SOUTHEAST AND ALONG SOUTHEAST 288T" STREET IS PROHIBITED. ACCESS
FOR THESE LOTS IS RESTRICTED TO THE NEW RESIDENTIAL STREETS SHOWN ON THE
FACE OF THIS PLAT.
7. 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.
8. The Owner / Subdivider shall submit and receive approval of a Detailed Tree
Plan, meeting the requirements of the Kent Zoning Code, and Gty of Kent
Development Assistance Brochure #3, Detailed Tree Plans, prior to the issuance
Park View '
#SU-Z003-9
Conditions of Approval
Page 8 of 11
of any Construction Permits for the subdivision. Grading Plans cannot be
approved by the Department of Public Works without an approved Detailed Tree
' Plan. Detailed Tree Plans are not to be confused with required Street Tree Plans,
which have an entirely different purpose.
9. The Owner / Subdivider shall permanently protect the approved and preserved,
and/or enhanced, or created wetland(s) and its 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, in
conformance with the requirements of the City of Kent Wetlands Management
Code. 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
L 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 THE TRACT THE
I 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
NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING,
BUT NOT LIMITED TO DECKS, PATIOS, 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.
Park View
#SU-2003-9
Conditions of Approval
Page 9 of 11
10. After construction, the wetland and buffer areas shall be isolated from intrusion
and/or disturbance using landscaping, or other appropriate screens, as well as an
approved permanent wildlife-passable fence. In addition, Wetland Information
Signs approved by the Department of Public Works shall be placed at the
wetland buffer edge to inform and educate owners and nearby residents about
the value of wetlands.
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 Gty of Kent Development Assistance
Brochure #E-1, As-Build Drawings, for: Streets; Street Lighting System; Water;
Sewer; Stormwater Drainage Facilities; and all off-site improvements where the
locations and/or elevations are deemed critical by the Department of Public ,
Works.
12. The Owner/Subdivider shall install break-away mailbox clusters at locations and
per standards of the Kent Postmaster and Public Works Department.
13. The Owner/Subdivider shall provide documentation regarding the location of the
existing well and the minimum 100 foot well protection radius surrounding the
well on the adjacent property (King County Tax Parcel #3422059120). This
information shall be provided prior to submission of civil construction plans for
the subdivision. If the 100 foot well protection radius extends onto the Parkview
property, a well protection easement shall be provided in accordance with
regulations from Title 12 of the King County Board of Health Code, and WAC
173-160-171.
14. The Owner/Subdivider shall obtain the appropriate permits and either remove or
relocate the existing structures on the site in order to comply with Kent City
Code.
15. The Owner/Subdivider shall provide a survey of the location of the existing '
residence south of the property which is approximately 10 feet from the new
proposed 1/2 street (Road D) serving the subdivision. This property is identified
as King County Tax Parcel #3422059109, #3422059186 and is currently owned
by Mr. David Chapman. The house shall be recognized as a legally existing non-
conforming use if it is currently located within the required setback area.
16. The Owner/Subdivider shall install a solid wood fence along the common
property line between King County Tax Parcel #3422059109, #3422059186,
currently owned by Mr. David Chapman to provide privacy and a screen of the
existing residence.
17. The Owner/Subdivider shall install a fence along the common property line t
between the Johnson property and proposed Lots 35-43, if the Johnsons agree
Park View
#SU-2003-9
Conditions of Approval '
Page 10 of 11
to contribute 1A! of the cost of the installation of the fence. The primary purpose
of the fence is to provide a buffer between and more Intensive and less Intensive
use of residential properties. As such, the fence should be solid wood, wood
slats, or split rail fence that provides a visual buffer between the two properties,
as determined appropriate by the Planning Department. The Owner/Subdivider
must submit an approved fencing plan (Including style and time for construction)
and cost estimate to the Johnsons prior to receiving a building permit for
construction of homes on Lots 35-43 The Johnsons must contribute one-half
(1/2) of the cost of the proposed fence within 30 days of receipt of the proposal.
If the contribution is not forthcoming within that time, each party may construct
whatever fence Is desired along the common property line or none at all."
B. Prior to the Issuance of a Building Permit on any lot in this subdivision, the Owner /
Subdivider shall:
1 1. Record the Plat.
2. Pay the Environmental Mitigation Fee for that lot.
3. Construct all of the improvements required above.
' 4. Submit and receive City approval for As-Built Drawings meeting the requirements
of City of Kent Development Assistance Brochure #E--1, As-Build Drawings, for
street improvements, stormwater management system, street lighting system,
and other off-site Improvements where determined necessary by the City.
S.\Permit\Plan\LONGPLATS\2003\2063966-2003-9conditions doc
1
Park View
#SU-2003-9
Conditions of Approval
Page 11 of 11
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APPLICATION NAME: PARK VIEW /� 1
REQUEST: #SU-2003-9 f4
SITE MAP
1 Kent City Council Meeting
Date February 6, 2007
Category Consent Calendar
1. SUBJECT: HIGHLAND ESTATES FINAL PLAT—APPROVE
2. SUMMARY STATEMENT: Approve the final plat mylar for Highland Estates
South and authorize the Mayor to sign the mylar. Meridian Highlands, LLC., proposes
to subdivide approximately 5 28 acres into 25 single-family residential lots. The
property is located at 26203 124"' Avenue SE.
3. EXHIBITS: Map and Memo with conditions
4 RECOMMENDED BY: Community Development & Public Works Dept. 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
1 DISCUSSION:
ACTION:
Council Agenda
Item No. 6E
COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
L KENT PLANNING SERVICES
Charlene Anderson, AICP, Manager
ions Ht.GTOn
Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: February 6, 2007
TO: MAYOR SUZETTE COOKE, COUNCIL PRESIDENT DEBORAH
RANNIGER AND CITY COUNCIL MEMBERS
FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
1 THROUGH: MAYOR SUZETTE COOKE
SUBJECT: HIGHLAND ESTATES SOUTH FINAL PLAT (#FSU-2004-8/KIVA#2064394)
MOTION: Approve the final plat mylar for Highland Estates South and authorize the Mayor to
sign the mylar.
SUMMARY: Meridian Highlands, LLC., proposes to subdivide approximately 5.28 acres
into 25 single-family residential lots The property is located at 26203 124`' Avenue SE.
BUDGET IMPACT: None
jBACKGROUND: On March 30, 2005, the Hearing Examiner issued Findings,
Conclusions and a Decision granting approval of a preliminary plat, with 18 conditions.
IThe applicant has complied with the conditions required prior to recording.
I
S\Permit\Plan\longplats\2006\2064394-FSU-2004-8cc DOC
Enclosure Conditions of approval—Hearing Examiner
11
t
HIGHLAND ESTATES SOUTH
#SU-2004-8
On March 30, 2005, the City of Kent Hearing Examiner approved the Highland Estates South
#SU-2004-8 with the following conditions:
A Prior to Recording this Subdivision:
1 1. The Owner / Subdivider shall pay all Charges in Lieu of
Assessments and/or Latecomer Fees, if any, prior to scheduling the
Pre-Construction Conference and/or prior to recording this plat,
whichever comes first
2. The Owner / Subdivider shall provide Public Works with a digital
plat map prepared with a CAD program The digital information can
be formatted in either * DWG (AutoCad) or * DXF (Drawing
Exchange File), but must be based upon State Plane coordinates
an assumed coordinate system is not permitted The State Plane
Coordinates shall be on the NAD 83/91 datum and relate to at least
two City of Kent reference points within one half mile of the
subdivision In addition, the project shall be tied into at least two
City of Kent NAD 88 vertical benchmarks and two additional
permanent benchmarks shall be established within the project The
elevations of these benchmarks will be reported at the time as-built
drawings are submitted along with field notes sufficient to verify
their accuracy.
3. The Owner / Subdivider shall submit and receive City approval of
engineering drawings from the Department of Public Works, and
shall then either construct or bond for the following.
a. A gravity sanitary sewer system to serve all lots.
The public sanitary sewer system shall be sized and
iextended across the entire subdivision as needed to serve
adjacent properties within the same service area as
determined necessary by the sanitary sewer purveyor.
The septic system serving the existing home(s) within the
proposed subdivision - if any - shall be abandoned in
accordance with King County Health Department
Regulations
fb. A water system meeting domestic and fire flow requirements
for all lots.
HIGHLAND ESTATES SOUTH
#SU-2004-8
Conditions of Approval
Page 2 of 11
This development will be served by Water District #111 and
will be constructed to Water District #111 standards and ■
specifications
Existing wells — if any - shall be abandoned in accordance
with the requirements of the Department of Ecology
C. A stormwater system The Engineering Plans must meet the
minimum requirements of the City of Kent Construction
Standards and 2002 City of Kent Surface Water Design ,
Manual (KSWDM) Initial guidance for the Engineering Plans
are given below (See Chapter 2 of KSWDM for detailed
submittal requirements)
(1) The Engineering Plans will include at a minimum- Site
improvement plans which include all plans, details,
notes and specifications necessary to construct road,
drainage, and other related improvements. The
engineering plans shall include a technical information
report (TIR) which contains all the technical
information and analysis to develop the site
improvement plans.
(2) An erosion and sedimentation control (ESC) plan
shall be included 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 Department approved Detailed Tree
Plan
(3) The retention / detention and release standard that '
will be met by the subdivision is Level Two The water
quality menu that will be met by the subdivision is the
Resource Stream Protection Menu
(4) The site improvement plans and technical information
report will contain" drainage calculations and a
drawing of the retention / detention pond tract The
site improvement plans will also show that all required
stormwater management facilities will be outside of '
i
i
HIGHLAND ESTATES SOUTH
#SU-2004-8
j Conditions of Approval
Page 3 of 11
delineated wetlands and their buffers, as well as
outside of creeks and their buffers
(5) A level two downstream analysis is required for this
development, and it will include an analysis for
capacity, erosion potential, and water quality Refer to
the requirements of Technical Information Reports in
Section 3 "Offsite Analysis", of the 2002 City of Kent
Surface Water Design Manual for the specific
' information required for downstream analyses
(6) As development occurs within this subdivision, roof
downspouts for each roofed structure (house, garage,
carport, etc.) shall be directed to Roof Downspout
Controls per Chapter 5.1 of the 1998 King County
Surface Water Design Manual
(7) If determined necessary following review and
approval of the downstream analysis by the Public
Works Department, the Owner / Subdivider shall
provide public drainage easements meeting the
requirements of the City of Kent Construction
Standards for the specified downstream reach where
adequate public drainage easements do not currently
exist
(8) The Owner / Subdivider shall submit Landscape
Plans for within and surrounding the retention /
detention facility to 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 arborist
can assess potential impacts on the final design.
(9) The Owner / Subdivider shall execute Declaration of
Stormwater Facility Maintenance Covenants for the
HIGHLAND ESTATES SOUTH
#SU-2004-8
Conditions of Approval
Page 4 of 11
private portions of the drainage system prepared by
the Property Management Section of the Department
of Public Works See Reference 8-F, Declaration of
Stormwater Facility Maintenance Covenant, to the
2002 City of Kent Surface Water Design Manual for
information on what is contained within this document
d A Detailed Grading Plan for the entire subdivision meeting
the requirements of the Uniform Building Code, the CitV of
Kent Construction Standards, and City of Kent Development
Assistance Brochure #1-3, Excavation and Grading Permits
& Grading Plans. Initial guidance for these plans is given
below
(1) These plans will include provisions for utilities,
roadways, retention / detention ponds, stormwater
treatment facilities, and a building footpad for each lot.
(2) These plans shall be designed to eliminate the need
for processing several individual Grading Permits
upon application for Building Permits.
e. Street Improvement Plans for 124th Avenue Southeast along
the entire property frontage thereon These 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 Residential Collector Arterial
Street by the City of Kent Master Plan of Roadways Initial
guidance for the necessary interim street improvements is
given below
(1) Combined vertical concrete curbs & gutters, a 5-foot t
wide planter strip, and a 5-foot cement concrete
sidewalk along the west side of the street The
sidewalk shall run the entire length of the subject
property NOTE the cement sidewalk constructed
along the west side of the street will be extended off- ,
site to the north in order to provide a safe pedestrian
walkway to SE 261st Street. In lieu of a cement
concrete sidewalk, Applicant shall provide a 5-foot
HIGHLAND ESTATES SOUTH
#SU-2004-8
Conditions of Approval
Page 5 of 11
level gravel or bark walkway extending from the
northwest corner of the subject property (Tract C) to
the corner of SE 261 st Street and 124th Street.
(2) A minimum of 18-feet of asphalt pavement as
measured from the approved centerline of the street
to the face of the new vertical curb constructed along
the west side of the street, plus at least 12-feet of
asphalt pavement as measured from the approved
centerline to the edge of the traveled lane on the east
side of the street In no case shall the total street
pavement width from the existing face of curb on the
east side of the street to the face of the new curb on
the west side of the street be less then 36 feet in
width.
(3) A City-approved street lighting system. NOTE- If the
approved street lighting system is PSE-owned and
maintained, the power bills for this street lighting
system will be paid for by the Home Owner
Association
(4) Public stormwater conveyance, detention and
treatment facilities as applicable
(5) A curb return radius of 30-feet at the northwest corner
of the intersection of 124th Avenue Southeast with
Southeast 263rd Street
I (6) Street Trees installed within the 5-foot wide planting
strips constructed between the back of curb and the
front of the cement concrete sidewalk These Street
Trees will be located away from street lights, and the
species shall be selected from the Approved Street
Tree List contained within City of Kent Development
Assistance Brochure #14, City of Kent Street Trees
f. Street Improvement Plans Southeast 263`d Street along the
entire property frontage thereon as connected to 124th
Avenue Southeast on the east. The Street Improvement
Plans for this street shall be designed in conformance to the
requirements for a Residential Collector Street as required
HIGHLAND ESTATES SOUTH
#SU-2004-8
Conditions of Approval
Page 6 of it
by City of Kent Construction Standards, and City of Kent
Development Assistance Brochures #6-2, Private and Public
Street Improvements and City of Kent Development
Assistance Brochure # 6-8, Street Improvement Plans for a
street 36-feet wide Initial guidance for these street
improvements is given below:
(1) Combined vertical curbs & gutters, a 5-foot wide
planting strip constructed between the back of curb
and the front of the sidewalk, and then 5-foot wide
cement concrete sidewalks along the north side of the
street. NOTE the new curb & gutter and cement
sidewalk constructed along the north side of the street ,
will be extended off-site to the west as necessary to
connect to the existing end of cement concrete
sidewalk within the subdivision of Seven Oaks,
Division No 1.
(2) A minimum of 36-feet of asphalt pavement, as '
measured from the existing face of curb constructed
along the south side of the street to the new vertical
face of curb constructed along the north side of the
street.
(3) A street lighting system designed to the City's
standards, constructed and maintained by the
IntoLight Division of Puget Sound Energy; all
electrical and maintenance bills shall be paid for by a
Home Owner's Association
(4) A public stormwater drainage system, including t
provisions for collection, conveyance, detention, and
treatment facilities. ,
(5) Curb return radii of 30-feet at the intersection of
Southeast 263rd Street and 124th Avenue Southeast,
and curb return radii of 20-feet, or as otherwise
approved by the Public Works Department, at the
intersection of the new Residential Cul-De-Sac Street.
(6) Street Trees installed within the 5-foot wide planting
strips. These Street Trees will be located away from
i
HIGHLAND ESTATES SOUTH
#SU-2004-8
Conditions of Approval
Page 7 of 11
street lights, and the species shall be selected from
the Approved Street Tree List contained within City of
Kent Development Assistance Brochure #14, City of
Kent Street Trees.
g. Street Improvement Plans for the new public Residential
Street, Road A, connected to Southeast 263rd Street and
terminating with a cul-de-sac at its northeast terminus. The
Street Improvement Plans for this street shall be designed in
I conformance to the requirements for a Residential Street as
required by City of Kent Construction Standards, and City of
Kent Development Assistance Brochures #6-21 Pnvate and
Public Street Improvements and City of Kent Development
Assistance Brochure # 6-8, Street Improvement Plans for a
street 28-feet wide. Initial guidance for these street
improvements is given below:
(1) Combined vertical curbs & gutters, a 5-foot wide
planting strip constructed between the back of curb
and the front of the sidewalk, and then 5-foot wide
cement concrete sidewalks along both sides of the
street, except that the planting strip is not required
around the cul-de-sac bulb
(2) A minimum of 28-feet of asphalt pavement, measured
from face of vertical curb to face of vertical curb.
(3) A street lighting system designed to the City's
standards, constructed and maintained by the
IntoLight Division of Puget Sound Energy, all
electrical and maintenance bills shall be paid for by a
Home Owner's Association
j (4) A public stormwater drainage system, including
provisions for collection, conveyance, detention, and
treatment facilities.
(5) Curb return radii of 20-feet at the intersection of this
subdivision street and Southeast 263rd Street, and a
45-foot radius to the face of curb for the cul-de-sac.
HIGHLAND ESTATES SOUTH
#SU-2004-8
Conditions of Approval
Page 8 of 11
(6) Street Trees installed within the 5-foot wide planting
strips These Street Trees will be located away from
street lights, and the species shall be selected from
the Approved Street Tree List contained within City of ■
Kent Development Assistance Brochure #14, City of j
Kent Street Trees
h. Street Improvement Plans for the new Private Residential
Streets connected to the new public Residential Street The
Street Improvement Plans for these street shall be designed
in conformance to the requirements for a Private Residential
Street as required by City of Kent Construction Standards,
and City of Kent Development Assistance Brochure #6-2,
Private and Public Street Improvements and City of Kent
Development Assistance Brochure # 6-8, Street
Improvement Plans for a street at least 20-feet wide Initial
guidance for these street improvements is given below
(1) A minimum of 16-feet of asphalt concrete pavement,
measured from edge of pavement to edge of
pavement, or from face of curb to face of curb for that
private street constructed within Tract D, and a
minimum of at least 20-feet of asphalt concrete
pavement for that private street constructed within
Tract B.
(2) The private street contained within Tract B will include
a 5-foot wide concrete sidewalk along the east side of
the street since more than four lots will use the tract
for vehicular access.
(3) A private stormwater drainage system, including
provisions for conveyance, detention, and treatment
facilities where applicable
(4) Unless additional asphalt concrete pavement width is
provided for parking, all minimum width private streets
serving more than two lots shall have pavement
markings and traffic signs installed which clearly
designate these private streets as Fire Lanes, where
no parking will be permitted.
HIGHLAND ESTATES SOUTH
#SU-2004-8
Conditions of Approval
Page 9 of it
(5) The private streets should be centered within a
private roadway tract or easement that is at least 1-
foot wider than the total paved width of the private
Istreet
L Street Light Plans for 1241h Avenue Southeast, Southeast
263,d Street and for the new Residential Street serving this
subdivision These plans must meet the requirements of the
City of Kent Construction Standards, and City of Kent
Development Assistance Brochure #6-1, Street Lighting
Requirements
4. The Owner/ Subdivider shall create a Homeowner's Association for
this subdivision to ensure that the property owners within this
subdivision are advised of their requirement to pay for the provided
street lighting system Those sections of the required document
written to govern that association as they relate to any IntoLight
Division of Puget Sound Energy street lighting systems, shall be
reviewed and approved by the Department of Public Works, prior to
the recording these documents
5. The face of the final plat will clearly identify all private streets, and
which parcels will be served by those private streets The face of
the final plat will also specify that the maintenance of all private
streets is the sole responsibility of the property owners who are
served by those private streets.
6. Direct vehicular access to and from lots having frontage along 124th
Avenue Southeast and along Southeast 263rd Street is prohibited,
and the face of the final plat will carry the following restriction.
DIRECT VEHICULAR ACCESS TO AND FROM LOTS
HAVING FRONTAGE ALONG 124T" AVENUE
SOUTHEAST AND/OR ALONG 263RD STREET IS
PROHIBITED DIRECT VEHICULAR ACCESS FOR THESE
LOTS IS RESTRICTED TO ROAD A AND THE PRIVATE
STREETS SHOWN HEREON.
7. 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
HIGHLAND ESTATES SOUTH !
#SU-2004-8
Conditions of Approval
Page 10 of 11
8 The Owner f Subdivider shall submit and receive approval for a
Detailed Tree Plan, meeting the requirements of the Kent Zoning
Code, and City of Kent Development Assistance Brochure #3,
Deta)led Tree Plans, prior to the issuance of any Construction
Permits for the subdivision Grading Plans cannot be approved by
the Department of Public Works without an approved Detailed Tree
Plan Detailed Tree Plans are not to be confused with required
Street Tree Plans, which have an entirely different purpose
9. Prior to release of any construction bonds, and prior to the approval
of any Building Permits within the subject subdivision, the
Department of Public Works must receive and approve As-Built
Drawings meeting the requirements of the 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 off-site
improvements where the locations and/or elevations are deemed
critical by the Department of Public Works.
10. The Owner/Subdivider shall install break-away mailbox clusters at
locations and per standards of the Kent Postmaster and Public
Works Department
11. The Owner/Subdivider shall revise Lot 22 in accordance with Kent
City Code Section 15 04 170 regarding minimum lot width prior to
recording the final plat.
12. The Owner/Subdivider shall obtain the appropriate permits and
either remove or relocate the existing structures on the site in order
to comply with Kent City Code
13. The Owner/Applicant shall provide traffic calming devices along SE '
263rd Street as determined appropriate by the Public Works
Department, Planning ,Services and Fire Prevention after
consultation with area residents, including the Seven Oaks East
Homeowners Association. Traffic calming devices to be considered
may include traffic circles, chokers, chicanes and major bulb-outs
(Level 2 Elements) as well as stop signs, warning signs, gateway
signs, speed signs, and enforcement (Level 1 Elements)
HIGHLAND ESTATES SOUTH
#SU-2004-8
Conditions of Approval
Page 11 of 11
14. The Owner/Applicant shall provide a pedestrian connection from
the end of the new cul-de-sac to 1241h Avenue SE as approved by
the Public Works Department
B Prior to the issuance of a Building Permit on any lot in this subdivision, the
Owner/Subdivider shall.
1 . Record the Plat.
2. Pay the Environmental Mitigation Fee for that lot.
3. Construct all of the improvements required above.
4. Submit and receive City approval for As-Built Drawings meeting the
requirements of City of Kent Development Assistance Brochure #E-
1, As-Budd Drawings, for street improvements, stormwater
management system, street lighting system, and other off-site
improvements where determined necessary by the City
S TPermitTPlanTLONGPLATSTNAL PLATST200612064394-2004-Bconditions doc
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' • III :
Kent City Council Meeting
Date February 6, 2007
Category Consent Calendar
1. SUBJECT: DEPARTMENT OF SOCIAL & HEALTH SERVICES CLIENT
SERVICE CONTRACT FOR SAFE HEAVENS SERVICES —
AUTHORIZE AND AMEND BUDGET
2. SUMMARY STATEMENT: Accept the Department of Social & Health Services
Grant of$32,664 to fund Safe Havens services, approve the expenditure of funds in the
Safe Havens budget, and authorize the Mayor to enter into an agreement with the State
of Washington
The State of Washington DSHS Grant funds will be used to provide services to low
income families at the Safe Havens Visitation and Exchange Center Funds will be
used for personnel costs to operate the program.
3. EXHIBITS: State of Washington Access and Visitation Client Service Contract
No. 0713-06816
4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
S. FISCAL IMPACT
Expenditure9 X Revenue? X
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund 1100010 Amount $32,664.00
Unbudgeted Revenue: Fund H00010 Amount $32,664.00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
i
DISCUSSION:
ACTION:
Council Agenda
Item No. 6F
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
K E N T Fax: 253-856-6050
WASHI.GTOW
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
ITEM #2
DATE: January 18, 2007
TO: Kent City Council Parks and Human Services Committee
FROM: Katherin Johnson, Housing and Human Services Manager
THROUGH: Jeff Watling, Director Parks, Recreation & Community Services
SUBJECT: DSHS Client Service Contract for Safe Havens Services - Authorize and
Amend Budget
MOTION: Move to recommend authorizing the Mayor to enter into an
I agreement with the State of Washington, accepting the DSHS Grant of
$32,664.00 to fund Safe Havens services and approving the expenditure of
funds in the Safe Havens budget.
SUMMARY: The State of WA DSHS Grant funds will be used to provide services to low
income families at the Safe Havens Visitation and Exchange Center. Funds will be used
for personnel costs to operate the program.
EXHIBITS: State of WA Access and Visitation Client Service Client Service Contract
#1713-06816
BUDGET IMPACT: Unbudgeted $32,664.00 impacts revenue account no. H00010 and
expense account H00010.
i
DSHS Contract Number
CLIENT SERVICE CONTRACT 0713ting Fro
Resulting Fro Tray.,,, ron srarc rn Solicitation Number
DEPARTMENT OF
7r SERVICE4TH
Access and Visitation
IThis Contract is between the State of Washington Department of Social Program Contract Number
and Health Services (DSHS) and the Contractor identified below Contractor Contract Number
1 CONTRACTOR NAME CONTRACTOR doing business as(DBA)
City of Kent
CONTRACTOR ADDRESS WASHINGTON UNIFORM DSHS INDEX NUMBER
BUSINESS IDENTIFIER(UBI)
220 4th Ave South
22475
Kent, WA 98032-5895
CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS
Tracee Parker (253) 856-5074 Ext (253) 856-6140 TParker ci kent wa us
DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE
ALL All Divisions I 300OXC-13
' DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS
Donna Hengeveld PO Box 9162
Program Administrator
Olympia, WA 98507-9162
DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS
206 341-7245 Ext 206 341-7277 shs wa. ov
IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? CFDA NUMBER(S)
Yes 93 597
CONTRACT START DATE CONTRACT END DATE CONTRACT MAXIMUM AMOUNT
2/1/2007 9/29/2007 40830
EXHIBITS. The following Exhibits are attached and are incorporated into this Contract by reference:
❑ Exhibits (specify)-
❑ No Exhibits.
The terms and conditions of this Contract are an integration and representation of the final, entire and exclusive
understanding between the parties superseding and merging all previous agreements, writings, and communications, oral
or otherwise, regarding the subject matter of this Contract The parties signing below represent that they have read and
understand this Contract, and have the authority to execute this Contract This Contract shall be binding on DSHS only
upon signature by DSHS
CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
Christine Simmonds, Fontract Analyst
DSHS/Economic SeNi s Administration
DSHS Central Contract Services
6012XF Custom Client Service Contract(9-28-06) Page 1
DSHS General Terms and Conditions
1. Definitions The words and phrases listed below, as used in this Contract, shall each have the
following definitions
a. "Central Contract Services" means the DSHS central headquarters contracting office, or successor A
section or office
b "Contract" means the entire written agreement between DSHS and the Contractor, Including any ,
Exhibits, documents and materials Incorporated by reference
c. "Contracts Administrator" means the manager, or successor, of Central Contract Services or
successor section or office
d. "Contractor" means the Individual or entity performing services pursuant to this Contract and
Includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents,
unless otherwise stated in this Contract For purposes of any permitted Subcontract, "Contractor"
Includes any Subcontractor and Its owners, members, officers, directors, partners, employees,
and/or agents. The Contractor for this contract is- City of Kent
e. "Debarment" means an action taken by a Federal official to exclude a person or business entity
from participating in transactions Involving certain federal funds
f. "DSHS" or the "Department" means the state of Washington Department of Social and Health
Services and Its employees and authorized agents.
g. "Personal Information" means Information identifiable to any person, Including, but not limited to,
Information that relates to a person's name, health, finances, education, business, use or receipt of
governmental services or other activities, addresses, telephone numbers, Social Security Numbers,
driver license numbers, other Identifying numbers, and any financial identifiers
h. "RCW" means the Revised Code of Washington All references in this Contract to RCW chapters ,
or sections shall include any successor, amended, or replacement statute Pertinent RCW chapters
can be accessed at http-/Isle leg wa gov/.
i. "Regulation" means any federal, state, or local regulation, rule, or ordinance
j. "Subcontract" means any separate agreement or contract between the Contractor and an individual
or entity ("Subcontractor") to perform all or a portion of the duties and obligations that the Contractor
is obligated to perform pursuant to this Contract
k "Subrecipient" means a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program. but does not include an individual that is a beneficiary
of such a program A subrecipient may also be a recipient of other federal awards directly from a
federal awarding agency
I. "WAC" means the Washington Administrative Code All references in this Contract to WAC
chapters or sections shall include any successor, amended, or replacement regulation. Pertinent
WAC chapters or sections can be accessed at http//sic leg wa gov/
2. Amendment. This Agreement may only be modified by a written amendment signed by both parties ,
Only personnel authorized to bind each of the parties may sign an amendment
3. Assignment. The Contractor shall not assign this Agreement or Program Agreement to a third party
DSHS Central Contract Services
6012XF Custom Client Service Contract(9-28-06) Page 2
DSHS General Terms and Conditions
without the prior written consent of DSHS
4. Billing Limitations.
a DSHS shall pay the Contractor only for authorized services provided in accordance with this
Contract
b. DSHS shall not pay any claims for payment for services submitted more than twelve (12) months
after the calendar month in which the services were performed
c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if
1 the Contractor has charged or will charge the state of Washington or any other party for the same
services.
5. Compliance with Applicable Law. At all times during the term of this Contract, the Contractor shall
comply with all applicable federal, state, and local laws and regulations, Including but not limited to,
nondiscrimination laws and regulations
6. Confidentiality. The Contractor may use Personal Information and other Information gained by reason
of this Agreement only for the purpose of this Agreement The Contractor shall not disclose, transfer,
or sell any such Information to any party, except as provided by law or, in the case of Personal
Information, without the prior written consent of the person to whom the Personal Information pertains.
The Contractor shall maintain the confidentiality of all Personal Information and other Information
gamed by reason of this Agreement, and shall return or certify the destruction of such Information if
requested in writing by DSHS
7. Debarment Certification. The Contractor, by signature to this contract, certifies that the Contractor is
1 not presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded
by any Federal department or agency from participating in transactions The Contractor also agrees to
include the above requirement in any and all subcontracts Into which it enters
8. Governing Law and Venue. This contract shall be construed and Interpreted in accordance with the
laws of the state of Washington and the venue of any action brought hereunder shall be in Superior
Court for Thurston County In the event that an action is removed to U S District Court, venue shall be
in the Western District of Washington
9. Independent Contractor. The parties intend that an independent contractor relationship will be
created by this contract The Contractor and his or her employees or agents performing under this
contract are not employees or agents of the Department The Contractor, his or her employees, or
agents performing under this contract will not hold himself/herself out as, nor claim to be, an officer or
employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent
make any claim of right, privilege or benefit that would accrue to such employee.
1 10. Inspection. In addition to any rights of access or inspection that may be included in the Special Terms
and Conditions, or in any Program Agreement, the Contractor shall provide reasonable access to the
Contractor's place of business, Contractor records, and client records, to DSHS and to any authorized
agent of the state of Washington or the federal government in order to monitor, audit, and evaluate the
Contractor's performance and compliance with applicable laws regulations, and these Contract terms
during the term of this Contract and for one (1) year following termination or e>piration of this Contract
11. Maintenance of Records. The Contractor shall maintain records relating to this contract and the
performance of the services described herein, including but not limited to accounting procedures and
DSHS Central Contract Services
6012XF Custom Client Service Contract(9-28-06) Page 3
DSHS General Terms and Conditions
practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in
the performance of this contract All records and other material relevant to this contract shall be
retained for six (6) years after expiration or termination of this contract At no additional cost, these
records shall be subject at all reasonable times to inspection, review or audit by the department,
personnel duly authorized by the department, the Office of the State Auditor, and any federal and state
officials so authorized by law, regulation or agreement
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
12. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and
Conditions and the Special Terms and Conditions of this agreement or any Program Agreement, the
inconsistency or conflict shall be resolved by giving precedence to these General Terms and
Conditions.
13. Severability. If any term or condition of this Contract is held invalid by any court, such invalidity shall
not affect the validity of the other terms or conditions of this Contract.
14. Survivability. The terms and conditions contained in this Agreement or any Program Agreement
which, by their sense and context, are intended to survive the expiration or termination of the particular
agreement shall survive Surviving terms include, but are not limited to- Billing Limitations,
Confidentiality, Disputes, Indemnification and Hold Harmless, Inspection, Maintenance of Records,
Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and
Treatment of Property.
15. Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Agreement i
or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are
placed on such funding, DSHS may immediately terminate this Agreement by providing written notice to
the Contractor. The termination shall be effective on the date specified in the termination notice
16. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any
subsequent breach or default Any waiver shall not be construed to be a modification of the terms and
conditions of this Contract. Only the DSHS Chief Administrative Officer or designee has the authority to
waive any term or condition of this Contract on behalf of DSHS.
Additional General Terms and Conditions — Client Service Contracts:
17. Advance Payment DSHS shall not make any payments in advance or anticipation of the delivery of
services to be provided pursuant to this Contract
18. Contractor Certification Regarding Ethics The Contractor certifies that the Contractor is now, and
shall remain, in compliance with Chapter 42.52 RCW, Ethics in Public Service throughout the term of
this Contract.
19. Health and Safety Contractor shall perform any and all of its obligations under this Contract in a
manner that does not compromise the health and safety of any DSHS client with whom the Contractor
has contact
20. Indemnification and Hold Harmless.
DSHS Central Contract Services
6012XF Custom Client Service Contract(9-28-06) Page 4
DSHS General Terms and Conditions
a. The Contractor shall be responsible for and shall Indemnify, defend, and hold DSHS harmless from
all claims, loss, liability, damages, or fines arising out of or relating to a) the Contractor's or any
Subcontractor's performance or failure to perform this Contract, or b) the acts or omissions of the
Contractor or any Subcontractor.
b The Contractor waives Its Immunity under Title 51 RCW to the extent it is required to indemnify,
defend, and hold harmless the State and its agencies, officials, agents, or employees.
1 21. Industrial Insurance Coverage The Contractor shall comply with the provisions of Title 51 RCW,
Industrial Insurance If the Contractor fails to provide industrial insurance coverage or fails to pay
premiums or penalties on behalf of Its employees, as may be required by law, DSHS may collect from
the Contractor the full amount payable to the Industrial Insurance accident fund DSHS may deduct the
amount owed by the Contractor to the accident fund from the amount payable to the Contractor by
DSHS under this contract, and transmit the deducted amount to the Department of Labor and
Industries, (L&I) Division of Insurance Services This provision does not waive any of L&I's rights to
collect from the Contractor
22. Notice of Overpayment If the Contractor receives a vendor overpayment notice or a letter
communicating the existence of an overpayment from DSHS, the Contractor may protest the
overpayment determination by requesting an adjudicative proceeding The Contractor's request for an
adjudicative proceeding must
a. Be received by the Office of Financial Recovery (OFR) at Post Office Box 9501, Olympia,
Washington 98507-9501, within twenty-eight (28) calendar days of service of the notice
b. Be sent by certified mail (return receipt) or other manner that proves OFR received the request;
c. Include a statement as to why the Contractor thinks the notice is incorrect; and
d. Include a copy of the overpayment notice.
Timely and complete requests will be scheduled for a formal hearing by the Office of Administrative
Hearings The Contractor may be offered a pre-hearing or alternative dispute resolution conference in
an attempt to resolve the overpayment dispute prior to the hearing
Failure to provide OFR with a written request for a hearing within twenty-eight (28) days of service of a
vendor overpayment notice or other overpayment letter will result in an overpayment debt against the
Contractor. DSHS may charge the Contractor Interest and any costs associated with the collection of
this overpayment DSHS may collect an overpayment debt through lien foreclosure, seizure and sale
of the Contractor's real or personal property, order to withhold and deliver, or any other collection action
available to DSHS to satisfy the overpayment debt.
23. Ownership of Material Material created by the Contractor and paid for by DSHS as a part of this
Contract shall be owned by DSHS and shall be "work made for hire" as defined by Title 17 USCA,
Section 101. This material includes, but is not limited to books, computer programs, documents, films;
pamphlets, reports, sound reproductions, studies, surveys, tapes, and/or training materials Material
which the Contractor uses to perform the Contract but is not created for or paid for by DSHS is owned
by the Contractor and is not 'work made foi hire", however, DSHS shall have a perpetual license to use
this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be
limited to the extent which the Contractor has a right to grant such a license
24. Subcontracting Except as otherwise provided in this Contract, the Contractor shall not subcontract
DSHS Central Contract Services
6012XF Custom Client Service Contract(9-28-06) Page 5
DSHS General Terms and Conditions
any of the contracted services without the prior approval of DSHS Contractor is responsible to ensure
that all terms, conditions, assurances and certifications set forth in this Contract are Included in any and
all Subcontracts Any failure of Contractor or Its subcontractors to perform the obligations of this
Contract shall not discharge the Contractor from its obligations hereunder or diminish DSHS' rights or
remedies available under this Contract
25. Subrecipients t
a. General. If the Contractor is a subrecipient of federal awards as defined by Office of Management ■
and Budget (OMB) Circular A-133 and this Agreement, the Contractor shall i
(1) Maintain records that identify, in its accounts, all federal awards received and expended and the
federal programs under which they were received, by Catalog of Federal Domestic Assistance
(CFDA) title and number, award number and year, name of the federal agency, and name of the
pass-through entity;
(2) Maintain internal controls that provide reasonable assurance that the Contractor is managing
federal awards in compliance with laws, regulations, and provisions of contracts or grant
agreements that could have a material effect on each of its federal programs, j
(3) Prepare appropriate financial statements, including a schedule of expenditures of federal
awards,
(4) Incorporate OMB Circular A-133 audit requirements into all agreements between the Contractor
and its Subcontractors who are subreclpients,
(5) Comply with any future amendments to OMB Circular A-133 and any successor or replacement
Circular or regulation;
(6) Comply with the applicable requirements of OMB Circular A-87 and any future amendments to
OMB Circular A-87, and any successor or replacement Circular or regulation and
(7) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Amel icans with
Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination
Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C F R Part 42,
Subparts C D E and G, and 28 C F.R Part 35 and 39 (Go to www ojp usdo) gov/ocr/ for
additional information and access to the aforementioned Federal laws and regulations ) I
b. Single Audit Act Compliance If the Contractor is a subrecipient and expends $500,000 or more in
federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay
for a single audit or a program-specific audit for that fiscal year Upon completion of each audit, the
Contractor shall
(1) Submit to the DSHS contact person the data collection form and reporting package specified in
OMB Circular A-133, reports required by the program-specific audit guide (if applicable), and a
copy of any management letters issued by the auditor,
(2) Follow-up and develop corrective action for all audit findings; in accordance with OMB Circular
A-133, prepare a "Summary Schedule of Prior Audit Findings
c. Overpayments If it is determined by DSHS, or during the course of a required audit, that the
DSHS Central Contract Services
6012XF Custom Client Service Contract(9-28-06) Page 6
DSHS General Terms and Conditions
Contractor has been paid unallowable costs under this or any Program Agreement. DSHS may
require the Contractor to reimburse DSHS in accordance with OMB Circular A-87
26. Termination for Convenience DSHS may terminate this Contract in whole or in part when it is in the
best Interest of DSHS by giving the Contractor at least thirty (30) calendar days' written notice The
Contractor may terminate this Contract for convenience by giving DSHS at least thirty (30) calendar
days' wrdten notice addressed to DSHS at the address listed on page 1 of this Contract
27. Termination for Default The Contracts Administrator may Immediately terminate this Contract for
default, in whole or in part, by written notice to the Contractor if DSHS has a reasonable basis to
believe that the Contractor has
a. Failed to meet or maintain any requirement for contracting with DSHS;
b Failed to protect the health or safety of any DSHS client pursuant to Section 9, Health and Safety,
of this Contract,
c. Failed to perform under, or otherwise breached, any term or condition of this Contract, and/or
d. Violated any applicable law or regulation
If it is later determined that the Contractor was not in default, the termination shall be considered a
termination for convenience
28. Termination or Expiration Procedure. The following terms and conditions apply upon Contract
termination or expiration
a. The Contractor shall cease to perform any services required by this Contract as of the effective date
of termination or expiration
b. If the Contract is terminated, the Contractor shall comply with all instructions contained in the
termination notice.
c. The Contractor shall immediately deliver to the DSHS contact named on page one of this Contract,
or to his or her successor, all DSHS property in the Contractor's possession, including any "works
for hire" as described in Section 17, Ownership of Material. The Contractor grants DSHS the right
to enter upon the Contractor's premises for the sole purpose of recovering any DSHS property that
the Contractor fails to return within ten (10) calendar days of the effective date of termination or
expiration of this Contract Upon failure to return DSHS property within ten (10) calendar days, the
Contractor shall be charged with all reasonable costs of recovery, including transportation
d. DSHS shall be liable only for payment required under the terms of this Contract for service
rendered up to the effective date of termination or expiration
e. DSHS may withhold a sum from the final payment to the Contractor that DSHS determines
necessary to protect DSHS against loss or additional liability
J
f. The rights and remedies provided to DSHS in this Section" are in addition to any other rights and
remedies provided at law, in equity, and/or under this Contract, including consequential and
incidental damages
1 29. Treatment of Client Property Unless otherwise provided, the Contractor shall ensure that any adult
DSHS Central Contract Services
6012XF Custom Client Service Contract(9-28-06) Page 7
DSHS General Terms and Conditions
client receiving services from the Contractor has unrestricted access to the client's personal property
The Contractor shall not Interfere with any adult client's ownership, possession, or use of the client's
property The Contractor shall provide clients under age eighteen (18) with reasonable access to their
personal property that is appropriate to the client's age, development, and needs Upon termination of
the Contract, the Contractor shall Immediately release to the client and/or the client's guardian or
custodian all of the client's personal property.
30. Treatment of Property All property purchased or furnished by DSHS for use by the Contractor during
this Contract term shall remain with DSHS Title to all property purchased or furnished by the
Contractor for which the Contractor is entitled to reimbursement by DSHS under this Contract shall
pass to and vest in DSHS The Contractor shall protect, maintain, and insure all DSHS property in its
possession against loss or damage and shall return DSHS property to DSHS upon Contract termination
or expiration
APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL
i
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DSHS Central Contract Services
6012XF Custom Client Service Contract(9-28-06) Page 8
I
Special Terms and Conditions
1. Definitions Specific to Special Terms The words and phrases listed below, as used in this Contract,
shall each have the following definitions.
a. "DCS" means Division of Child Support
Ib "OCSE" means federal Office of Child Support Enforcement.
2. Purpose. The purpose of this Contract is to
The Contractor will be using federal fiscal year 2006 (FFY 06) Access and Visitation grant funds to
support and facilitate non-custodial parent's access to and visitation with their children The federal
Office of Support Enforcement (OCSE) grant number is 0601WASAVP
3. Statement of Work The Contractor shall provide the services and staff, and otherwise do all things
necessary for or incidental to the performance of work, as set forth below.
a. The Contractor must administer their FFY 06 Access and Visitation grant program in compliance
with all applicable federal grant instructions, terms and conditions, all applicable Department of
Health and Human Services regulations and federal Office of Management and Budget (OMB)
circulars The Contractor must maintain a copy of these documents for their records or maintain an
internet access to the documents and be familiar with the content of the documents
b. Contractor shall provide visitation enforcement which includes monitoring, supervision, and neutral
drop-off and pick-up of minor whose parents are separated or divorced
c. The Contractor shall collect the required FFY 06 Access and Visitation local service provider data
for each party that receives Access and Visitation grant services through their programs.
d. The Contractor shall submit the required FFY 06 Access and Visitation local service provider data
quarterly to DCS for review and approval All of the quarterly reports must be mailed to the DSHS
contact on page one (1) of this contract. The first quarterly report is January 31, 2007. The second
quarterly report is due April 30, 2007 The third quarterly report is due July 31, 2007 The fourth
and final report is due October 31, 2007
e. The Contractor shall work with DCS to complete all necessary OCSE fiscal and project summary
reports
4. Consideration Total consideration payable to Contractor for satisfactory performance of the work
under this Contract is up to a maximum of$40,830.00, including any and all expenses, and shall be
based on the following,
a. The maximum amount of federal Access and Visitation grant funds shall be $36,747 00 The
maximum amount of state funds is $0 00 The maximum amount of local match funds or in-kind
contributions shall be $4,083 00
b. DSHS shall pay the Contractor$105 00 per hour for supervised visitation between non-custodial
parents and their children
c DSHS shall pay the Contractor$50 00 for each exchange
1 d DSHS shall pay the Contractor$25 00 for each intake, case set up, and scheduling of visitation
services performed by the Contractor.
DSHS Central Contract Services
6012XF Custom Client Service Contrad(9-28-06) Page 9
Special Terms and Conditions
e. Federal Access and Visitation grant funds are to be expended only to establish and administer the
Contractors and subcontractors Access and Visitation grant project
f. The Contractor must refund to DSHS any federal Access and Visitation grant funds paid to the
Contractor which are disallowed by state or federal auditors.
S. Billing and Payment t
a Invoice System. The Contractor shall submit monthly invoices using State Form A-19 Invoice
Voucher, or such other form as designated by DSHS Consideration for services rendered shall be
payable upon receipt of properly completed invoices which shall be submitted to the DSHS contact
listed on page one of this Contract The invoices shall describe and document to DSHS' satisfaction
a description of the work performed, activities accomplished, the progress of the protect, and fees
The rates shall be in accordance with those set forth in Section 4 Consideration of this Contract
b The Contractor shall submit with their monthly invoice a local match certification. DCS shall provide
a copy of the local match certification to the Contractor
c. The invoice voucher with original authorized signature shall be submitted to:
Division of Child Support
Access & Visitation Program Manager
PO Box 9162
Olympia WA 98507-9162
d. Payment Payment shall be considered timely if made by DSHS within thirty (30) days after receipt
and acceptance by the DSHS contact of the properly completed invoices Payment shall be sent to
the address designated by the Contractor on page one of this Contract DSHS may, at its sole
discretion, withhold payment claimed by the Contractor for services rendered if Contractor fails to
satisfactorily comply with any term or condition of this Contract
e. All invoices must be received by DCS no later than November 30, 2007
f. If the Contractor does not timely submit all reports as set forth sn Section 3 Statement of Work,
DSHS shall withhold all payment for services provided under this Contract until such time that the
reports have been submitted to and approved by DCS
6. Insurance.
The Contractor shall at all times comply with the following insurance requirements.
a General Liability Insurance
The Contractor shall maintain Commercial General Liability Insurance, or Business Liability
Insurance, including coverage for bodily injury, property damage, and contractual liability, with the
following minimum limits- Each Occurrence - $1,000,000, General Aggregate - $2,000,000 The
policy shall include liability ansing out of premises, operations, independent contractors, products-
completed operations, personal injury, advertising injuryef and liability assumed under an insured
contract. The State of Washington, Department of Social & Health Services (DSHS), and elected
and appointed officials, agents, and employees of the state, shall be named as additional insureds
DSHS Central Contract Services
6012XF Custom Client Service Contract(9-28-06) Page 10
Special Terms and Conditions
b. Business Automobile Liability Insurance
i The Contractor shall maintain a Business Automobile Policy on all vehicles used to transport
s clients, including vehicles hired by the Contractor or owned by the Contractor's employees,
volunteers or others, with the following minimum limits $1,000,000 per accident combined single
limit The Contractor's carrier shall provide DSHS with a waiver of subrogation or name DSHS as
an Additional Insured
c Worker's Compensation
The Contractor shall comply with all applicable Worker's Compensation, occupational disease, and
occupational health and safety laws and regulations The State of Washington and DSHS shall not
be held responsible for claims filed for Worker's Compensation under RCW 51 by the Contractor or
its employees under such laws and regulations
d Employees and Volunteers
Insurance required of the Contractor under the Contract shall include coverage for the acts and
omissions of the Contractor's employees and volunteers In addition, the Contractor shall ensure
that all employees and volunteers who use vehicles to transport clients or deliver services have
personal automobile insurance and current dnver's licenses.
e. Subcontractors
The Contractor shall ensure that all subcontractors have and maintain insurance with the same
types and limits of coverage as required of the Contractor under the Contract
f Separation of Insureds
All insurance policies shall include coverage for cross liability and contain a "Separation of
Insureds" provision
g. Insurers
The Contractor shall obtain insurance from insurance companies identified as an admitted
insurer/carrier in the State of Washington, with a Best's Reports' rating of B++, Class VII, or better
Surplus Lines insurance companies will have a rating of A-, Class VII, or better.
h. Evidence of Coverage
The Contractor shall submit Certificates of Insurance to the DSHS point of contact located on page
one of the contract for each coverage required of the Contractor under the Contract The Certificate
shall identify the DSHS Central Contract Services, P O Box 45811 Olympia, Washinqton 98504-
5811 as Certificate Holder. A duly authorized representative of each insurer, showing compliance
with the insurance requirements specified in this Contract, shall execute each Certificate of
Insurance The Contractor Is not required to submit to DSHS copies of Certificates of Insurance for
personal automobile insurance required of the Contractor's employees and volunteers under the
contract
DSHS Central Contract Services
6012XF Custom Client Service Contract(9-28-06) Page 11
Special Terms and Conditions
The Contractor shall maintain copies of Certificates of Insurance for each subcontractor as
evidence that each subcontractor maintains insurance as required by the Contract
i Material Changes
The insurer shall give DSHS Central Contract Services 45 days advance written notice of
cancellation or non-renewal If cancellation is due to non-payment of premium, the insurer shall
give DSHS 10 days advance written notice of cancellation
j. General j
By requiring insurance, the State of Washington and DSHS do not represent that the coverage and
limits specified will be adequate to protect the Contractor. Such coverage and limits shall not be
construed to relieve the Contractor from liability in excess of the required coverage and limits and
shall not limit the Contractor's liability under the indemnities and reimbursements granted to the
State and DSHS in this Contract. All insurance provided in compliance with this Contract shall be
primary as to any other insurance or self-insurance programs afforded to or maintained by the
State The Contractor waives all rights against the State of Washington and DSHS for the recovery
of damages to the extent they are covered by insurance.
7. Disputes
Either party may submit a request for resolution of a contract dispute (rates set by law, regulation, or
DSHS policy are not disputable) The requesting party shall submit a written statement identifying the
issue(s) in dispute and the relative positions of the parties A request for a dispute resolution must
include the Contractor's name, address, and contract number, and be mailed to the address listed
below within thirty (30) calendar days after the party could reasonably be expected to have knowledge
of the issue in dispute
DSHS/Economic Services Administration
Attn Contract Compliance and Analysis Unit
P O Box 45445
Olympia, WA 98504-5445
DSHS Central Contract Services
6012XF Custom Client Service Contract(9-28-06) Page 12
Kent City Council Meeting
Date February 6, 2007
Category Consent Calendar
1. SUBJECT: DEPARTMENT OF SOCIAL & HEALTH SERVICES
AGREEMENT FOR SAFE HAVENS CENTER— AUTHORIZE
AND AMEND BUDGET
2. SUMMARY STATEMENT: Accept the Department of Social & Health Services
Grant of$50,000 to fund the Safe Havens Center, approve the expenditure of funds in
the Safe Havens budget, and authorize the Mayor to enter into an agreement with the
State of Washington.
The State of Washington DSHS Grand funds will be used to provide services to low
income families at the Safe Havens Visitation and Exchange Center. Funds will be
used for personnel costs to operate the facility.
3. EXHIBITS: State of Washington Interlocal Agreement No. D764-11079
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 1100010 Amount $50,000.00
Unbudgeted Revenue- Fund H00010 Amount $50,000 00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6G
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
• Phone: 253-856-5100
KEN T Fax: 253-856-6050
W A HI NOTON
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
ITEM #3
DATE: January 18, 2007
TO: Kent City Council Parks and Human Services Committee
FROM: Katherin Johnson, Housing and Human Services Manager
THROUGH: Jeff Watling, Director Parks, Recreation & Community Services
SUBJECT: DSHS Interlocal Agreement for Safe Havens Center - Authorize and
Amend Budget
MOTION: Move to recommend authorizing the Mayor enter into an
agreement with the State of Washington, accepting the DSHS Grant of
$50,000.00 to fund Safe Havens Center and approving the expenditure of
funds in the Safe Havens budget.
SUMMARY: The State of Washington DSHS Grant funds will be used to provide services
to low income families at the Safe Havens Visitation and Exchange Center. Funds will be
used for personnel costs of operating the facility.
EXHIBITS: State of WA DSHS Interlocal Agreement #D764-11079
BUDGET IMPACT: Unbudgeted $50,000.00 impacts revenue account no. H00010 and
expense account H00010.
�1
� M
DSHS
INTERLOCAL AGREEMENT 0764-110 9 Number
764-11079
SAFE HAVENS VISITATION CENTER
This Agreement is by and between the State of Washington Department Program Contract Number
1501-
of Social and Health Services (DSHS)and the Contractor Identified Contractor Contract Number
below, and is issued pursuant to the Interlocal Cooperation Act, chapter
39 34 RCW.
[CONTRACTOR NAME CONTRACTOR doing business as(DBA)
CIt of Kent
CONTRACTOR ADDRESS WASHINGTON UNIFORM DSHS INDEX NUMBER
BUSINESS IDENTIFIER(UBI)
220 4th Ave South
22475
Kent,WA 98032-5895
CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS
Kathenn Johnson 253) 856-5073 Ext
DSHS ADMINISTRATION DS-iS DIVISION DSHS CONTRACT CODE
ALL All Divisions 2000LC_64
DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS
Maureen Kelly PO Box 45710
Program Manager
_ Olympia,WA 98504
DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS
360 902-7901 360 902-7903 kelm300 cr dshs wa qov
IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? I CFDA NUMBER(S)
No
AGREEMENT START DATE AGREEMENT END DATE MAXIMUM AGREEMENT 4MOUNT
01/15/2007 06130/2007 50000
EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference:
❑ Exhibits(specify).
® No Exhibits _
The terms and conditions of this Agreement are an Integration and representation of the final,entire and exclusive
understanding between the parties superseding and merging all previous agreements,writings,and communications, oral
or otherwise regarding the subject matter of this Agreement, between the parties The parties signing below represent
they have read and understand this Agreement, and have the authority to execute this Agreement This Agreement shall
be binding on DSHS only upon signature by DSHS
LCONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
DSHS central Contract Services
6015LF Custom Interlocal Agreement(9-26-06) Page 1
DSHS General Terms and Conditions
1. Definitions The words and phrases fisted below, as used in this Contract, shall each have the
following definitions
a. "Central Contract Services" means the DSHS central headquarters Contracting office,or successor
section or office.
b. "Contract" means the entire written agreement between DSHS and the Contractor, Including any
Exhibits, documents, and materials incorporated by reference.
c. "Contracts Administrator means the manager, or successor, of Central Contract Services or
successor section or office.
d. "Contractor"means the Individual or entity performing services pursuant to this Contract and
Includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents,
unless otherwise stated in this Contract. For purposes of any permitted Subcontract, `Contractor"
includes any Subcontractor and Its owners, members, officers, directors, partners, employees,
and/or agents. The Contractor for this contract is City of Kent.
e "Debarment"means an action taken by a Federal official to exclude a person or business entity ,
from participating in transactions involving certain federal funds.
f. "DSHS"or the"Department"means the state of Washington Department of Social and Health
Services and its employees and authorized agents.
g. "Personal Information"means information Identifiable to any person, Including, but not limited to,
information that relates to a person's name, health, finances,education, business, use or receipt of
governmental services or other activities, addresses, telephone numbers, Social Security Numbers,
driver license numbers, other identifying numbers,and any financial identifiers
h. "RCW"means the Revised Code of Washington All references in this Contract to RCW chapters
or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters
can be accessed at http:/islc.leg.wa gov/.
i. "Regulation" means any federal, state, or local regulation, rule.or ordinance.
j. "Subcontract" means any separate agreement or contract between the Contractor and an individual
or entity("Subcontractor")to perform all or a portion of the duties and obligations that the Contractor
is obligated to perform pursuant to this Contract.
k. "Subrecipient"means a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a beneficiary
of such a program A subrecipient may also be a recipient of other federal awards directly from a
federal awarding agency
I. "WAC"means the Washington Administrative Code. All references in this Contract to WAC
chapters or sections shall include any successor,amended, or replacement regulation. Pertinent
WAC chapters or sections can be accessed at http.//slc leg wa gov/
2. Amendment. This Agreement may only be modified by a wntten amendment signed by both parties.
Only personnel authorized to bind each of the parties may sign an amendment
3. Assignment. The Contractor shall not assign this Agreement or Program Agreement to a third party
DSHS Central Contract Sermces
6015LF Custom Interiocal Agreement(9-28-06) Page 2
DSHS General Terms and Conditions
without the prior written consent of DSHS.
4. Billing Limitations.
a. DSHS shall pay the Contractor only for authorized services provided in accordance with this
' Contract
b. DSHS shall not pay any claims for payment for services submitted more than twelve (12)months
after the calendar month in which the services were performed.
c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract,if
the Contractor has charged or will charge the state of Washington or any other party for the same
services
5. Compliance with Applicable Law. At all times during the term of this Contract, the Contractor shall
comply with all applicable federal, state, and local laws and regulations, including but not limited to,
nondiscrimination laws and regulations.
6. Confidentiality. The Contractor may use Personal Information and other Information gained by reason
of this Agreement only for the purpose of this Agreement The Contractor shall not disclose, transfer,
or sell any such Information to any party, except as provided by law ot, in the case of Personal
Information, without the prior written consent of the person to whom the Personal Information pertains
The Contractor shall maintain the confidentiality of all Personal Information and other Information
' gained by reason of this Agreement,and shall return or certify the destruction of such Information if
requested in writing by DSHS.
7. Debarment Certification.The Contractor, by signature to this contract, certifies that the Contractor is
not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
by any Federal department or agency from participating in transactions. The Contractor also agrees to
include the above requirement in any and all subcontracts into which it enters
' 8. Governing Law and Venue. This contract shall be construed and interpreted in accordance with the
laws of the state of Washington and the venue of any action brought hereunder shall be in Superior
Court for Thurston County In the event that an action is removed to U S District Court, venue shall be
in the Western District of Washington.
9. Independent Contractor. The parties intend that an independent contractor relationship will be
created by this contract The Contractor and his or her employees or agents performing under this
contract are not employees or agents of the Department. The Contractor, his or her employees,or
agents performing under this contract will not hold himself/herself out as, nor claim to be an officer or
employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent
make any claim of right, privilege or benefit that would accrue to such employee
10. Inspection. In addition to any rights of access or inspection that may be included in the Special Terms
and Conditions, or in any Program Agreement, the Contractor shall provide reasonable access to the
Contractor's place of business, Contractor records, and client records, to DSHS and to any authorized
agent of the state of Washington or the federal government in order to monitor, audit,and evaluate the
Contractor's performance and compliance with applicable laws, regulations, and these Contract terms
dunng the term of this Contract and for one(1) year following termination or expiration of this Contract.
11. Maintenance of Records. The Contractor shall maintain records relating to this contract and the
performance of the services described herein, including but not limited to accounting procedures and
DSHS Central Contrad Services
6015LF Cusian Iriteriocal Agreement(9-28-06) Page 3
i
1
DSHS General Terms and Conditions
practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in '
the performance of this contract All records and other material relevant to this contract shall be
retained for six(6) years after expiration or termination of this contract At no additional cost, these
records shall be subject at all reasonable times to inspection, review or audit by the department,
personnel duly authorized by the department, the Office of the State Auditor, and any federal and state
officials so authorized by law, regulation or agreement '
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
12. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and '
Conditions and the Special Terms and Conditions of this agreement or any Program Agreement, the
inconsistency or conflict shall be resolved by giving precedence to these General Terms and
Conditions
13. Severability. If any term or condition of this Contract is held invalid by any court, such invalidity shall
not affect the validity of the other terms or conditions of this Contract '
14. Survivability. The terms and conditions contained in this Agreement or any Program Agreement
which, by their sense and context, are intended to survive the expiration or termination of the particular
agreement shall survive Surviving terms include, but are not limited to Billing Limitations '
Confidentiality, Disputes. Indemnification and Hold Harmless, inspection, Maintenance of Records.
Notice of Overpayment. Ownership of Material,Termination for Default, Termination Procedure, and
Treatment of Property
15. Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Agreement '
or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are
placed on such funding, DSHS may immediately terminate this Agreement by providing written notice to
the Contractor The termination shall be effective on the date specified in the termination notice
16. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any
subsequent breach or default Any waiver shall not be construed to be a modification of the terms and '
conditions of this Contract Only the DSHS Chief Administrative Officer or designee has the authority to
waive any term or condition of this Contract on behalf of DSHS.
Additional General Terms and Conditions—Interlocal Agreements:
17. Disputes. Disputes shall be determined by a Dispute Board. Each party to this Agreement shall
appoint one member to the Dispute Board. The members so appointed shall jointly appoint an
additional member to the Dispute Board The Dispute Board shall review the facts, Agreement terms,
and applicable statutes and rules and make a determination of the dispute As an alternative to this
process, either party may request intervention by the Governor, as provided by RCW 43.17 330, in
which event the Governor's process shall control Participation in either dispute process shall precede
any judicial or quasi-judicial action and shall be the final administrative remedy available to the parties.
18. Hold Harmless.
a The Contractor shall be responsible for and shall hold DSHS harmless from all claims, loss, liability,
damages,or fines ansing out of or relating to the Contractor's, or any Subcontractor's performance
or failure to perform this Agreement, or the acts or omissions of the Contractor or any
Subcontractor DSHS shall be responsible for and shall hold the Contractor harmless from all
DSHS Central Contract Services '
6015LF Custom Interlocal Agreement(9-28-06) Page 4
DSHS General Terms and Conditions
claims, loss, liability, damages,or fines arising out of or relating to DSHS' performance or failure to
perform this Agreement
b. The Contractor waives its immunity under Title 51 RCW to the extent it is required to Indemnify,
defend, and hold harmless the State and its agencies, officials, agents, or employees
19. Ownership of Material Material created by the Contractor and paid for by DSHS as a part of this
Contract shall be owned by DSHS and shall be"work made for hire"as defined by Title 17 USCA,
Section 101 This material Includes, but is not limited to books,computer programs, documents;films;
' pamphlets, reports, sound reproductions, studies;surveys, tapes, and/or training materials Material
which the Contractor uses to perform the Contract but is not created for or paid foi by DSHS is owned
by the Contractor and Is not"work made for hire", however, DSHS shall have a perpetual license to use
' this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be
limited to the extent which the Contractor has a right to grant such a license
20. Subrecipients
1 a. General. If the Contractor is a subrecipient of federal awards as defined by Office of Management
and Budget (OMB) Circular A-133 and this Agreement,the Contractor shall-
(1) Maintain records that identify, in its accounts, all federal awards received and expended and the
federal programs under which they were received, by Catalog of Federal Domestic Assistance
(CFDA)title and number, award number and year, name of the federal agency, and name of the
' pass-through entity,
(2) Maintain internal controls that provide reasonable assurance that the Contractor is managing
federal awards in compliance with laws, regulations,and provisions of contracts or grant
agreements that could have a material effect on each of its federal programs,
(3) Prepare appropriate financial statements, including a schedule of expenditures of federal
awards,
' (4) Incorporate OMB Circular A-133 audit requirements into all agreements between the Contractor
and its Subcontractors who are subreclpients,
' (5) Comply with any future amendments to OMB Circular A-133 and any successor or replacement
Circular or regulation;
(6) Comply with the applicable requirements of OMB Circular A-87 and any future amendments to
OMB Circular A-81, and any successor or replacement Circular or regulation, and
(7) Comply with the Omnibus Crime Control and Safe streets Act of 1968,Title VI of the Civil Rights
' Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title 11 of the Americans with
Disabilities Act of 1990,Title IX of the Education Amendments of 1972,The Age Discrimination
Act of 1975,and The Department of Justice Non-Discrimination Regulations, 28 C F R Part 42,
' Subparts C D.E and G. and 28 C F R. Part 35 and 39 (Go to www olp usdo1 ov!ocr/for
additional information and access to the aforementioned Federal laws and regulations.)
b. Single Audit Act Compliance If the Contractor is a subrecipient and expends $500,000 or more in
federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay
for a single auditor a program-specific audit for that fiscal year Upon completion of each audit, the
Contractor shall
DSHS Central Contract Services
6015LF Custom Interlocal Agreement(9-28-06) Page 5
DSHS General Terms and Conditions
(1) Submit to the DSHS contact person the data collection form and reporting package specified in '
OMB Circular A-133, reports required by the program-specific audit guide (if applicable), and a
copy of any management letters issued by the auditor,
(2) Fallow-up and develop corrective action for all audit findings, in accordance with OMB Circular
A-133, prepare a "Summary Schedule of Prior Audit Findings." '
c. Overpayments. If it is determined by DSHS, or during the course of a required audit, that the
Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may
require the Contractor to reimburse DSHS in accordance with OrjI3 Circular A-87. '
21. Termination
a. Default If for any cause, either party fails to fulfill its obligations under this Agreement in a timely '
and proper manner, or if either party violates any of the terms and conditions contained in this
Agreement, then the aggrieved party will give the other party written notice of such failure or
violation The responsible party will be given 15 working days to correct the violation or failure. If '
the failure or violation is not corrected, this Agreement may be terminated immediately by written
notice from the aggrieved party to the other party
b. Convenience_ Either party may terminate this Interlocal Agreement for any other reason by '
providing 30 calendar days' written notice to the other party.
c. Payment for Performance If this Interlocal Agreement is terminated for any reason, DSHS shall
only pay for performance rendered or costs incurred in accordance with the terms of this Agreement
and prior to the effective date of termination
22. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult
client receiving services from the Contractor has unrestricted access to the client's personal property.
The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's
property_ The Contractor shall provide clients under age eighteen (18) with reasonable access to their
personal property that is appropriate to the client's age,development, and needs. Upon termination of '
the Contract, the Contractor shall immediately release to the client and/or the client's guardian or
custodian all of the client's personal property.
APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL '
DSHS Central Contract Services '
6015LF Custom Interlocal Agreement(9-28-06) Page 6
Special Terms and Conditions
' 1. Definitions Speck to Special Terms The words and phrases listed below, as used in this Interlocal
Agreement, shall each have the following definitions.
a. "Agreement"means this Interlocal Agreement, Including all documents attached or incorporated by
reference
' b. "CA"means Children's Administration and Its employees and authorized agents.
2. Purpose
' The purpose of this Agreement is to provide one-time funding to the City of Kent,as authorized by
budget proviso for FY07 under ESSB 6386, for supervised visitation and safe exchange services to be
provided by the Safe Havens Visitation Center in Kent to families Impacted by domestic violence,
sexual assault,child abuse, and stalking
3. Statement of Work
The City of Kent as Contractor shall provide services under this Agreement as follows-
a. The Contractor shall ensure that funds payable under this Agreement will be used to provide
supervised visitation and safe exchange services for families impacted by domestic violence, sexual
' assault, child abuse and stalking Funds shall not be used by the City of Kent for policy
development and outreach
b. The Contractor shall provide such services to families through the Safe Havens Visitation Center in
Kent The Safe Havens Visitation Center is a supervised visitation and safe exchange center for
families impacted by domestic violence, sexual assault,child abuse, and stalking. The mission of
the Safe Havens Visitation Center is to provide a culturally sensitive,safe and accessible
' supervised visitation and exchange program to families affected by intimate partner violence and
abuse All policies and procedures of the Safe Havens Visitation Center have been designed to
increase safety for the victim and child and decrease opportunities for continued abuse
c. Through the Safe Havens Visitation Center, the Contractor shall provide such services to 8 families,
with approximately 48 hours of service for each family
' Services shall include:
(1) Intake of relevant family history and other information for services (approximately 1.5 hours per
family),
(2) Child Onentations(approximately.5 hours per family);
(3) Supervised visits and/or exchanges(visits are generally 1 hour per week with an additional 75
' hours pre/post wait/debnef time and exchanges use .5 hours per occurrence);
(4) Regular case consults and related documentation (average of approximately.5 -.75 hours per
week, per case).
All services listed above shall be performed by a trained supervised visitation monitor and/or the
visitation center program supervisor employed by the Citylof Kent
' if
d. Reports- The Contractor shall provide progress reports regarding the above activities to the DSHS
Contact listed on page 1 of this Agreement The reports shall be completed and submitted to
' DSHS Central Contract Semces
6015LF Custom Interlocal Agreement(9-2&.06) page 7
1
Special Terms and Conditions
DSHS using a form as prescribed by DSHS to be provided following execution of this Agreement. '
The reports shall be submitted in accordance with the following schedule-
Quarter Reporting Period Due Date '
1 01/01/07-03/31/07 04/15/07
2 04/01/07—06/30/07 07115107
4. Consideration
Maximum Agreement Amount The maximum amount of total compensation payable to the Contractor '
for satisfactory performance of the work under this Agreement is the amount of$50,000 as stated on
page 1 of this Agreement under`Maximum Agreement Amount,"and is based on the following
Fundin The operative budget proviso for FY07 contained in ESSB 6386 PL provided one-time '
funding for the Safe Havens Visitation Center in Kent to provide supervised Visitation and safe
exchange services as follows under ESSB 6386, section 202:
Subsection(15) $50,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the '
supervised visitation and safe exchange center In Kent The department shall not retain any portion for
administrative purposes
S. Billing and Payment '
a The Contractor shall submit at least quarterly, and not more often than monthly, invoices for
services performed as described in this Agreement on State of Washington Invoice Voucher forms
(Form A-19), prepared in the manner prescribed by DSHS.
b. The voucher shall clearly indicate that it is `FOR SERVICES RENDERED IN PERFORMANCE ,
UNDER DSHS AGREEMENT NO.0 76 4-1 1 079 FOR THE MONTH(S)OF 2007"
c The A-19 invoice vouchers shall be submitted to:
Maureen Kelly, Program Manager '
Children's Administration
PO Box 45710
Olympia,WA 98504-5710 '
d. The Contractor shall contact the above Program Manager at (360) 902-7901 concerning billing
questions- '
e. DSHS may withhold payment to the Contractor if reports required under this Agreement are not
submitted within 10 working days of the due date,or are incomplete.
f. DSHS may, at its sole discretion, withhold payment claimed by the Contractor for services rendered '
if Contractor fads to satisfactorily comply with any term or condition of the Agreement.
g Claims for payment must be received by DSHS no later than sixty(60) days from the date services ,
were rendered.
h. DSHS shall make payment within thirty(30) days of receipt of a properly completed invoice for '
services
DSHS Central Contract Services ,
6015LF Custom Interlocal Agreement(9-28-06) Page 8
' Special Terms and Conditions
6. Payment Only for Authorized Services
' DSHS shall pay the Contractor only for authorized services provided in accordance with this
Agreement If this Agreement is terminated for any reason, DSHS shall pay only for services
authorized and provided through the date of termination.
7. Funding Stipulations
a. Duplicate Billig The Contractor must not bill other funding sources for services rendered under
this Agreement which would result in duplicate billing to different funding sources for the same
service Furthermore,the Contractor shall ensure that no subcontractor bills any other funding
sources for services rendered under this Agreement, which would result in duplicate billing to
different funding sources for the same service
b. No Federal Match The Contractor shall not use funds payable under this Agreement as match
toward federal funds without the prior written permission of DSHS
c. Supplanting. The Contractor shall use these funds to supplement not supplant the amount of
federal, state and local funds otherwise expended for services provided under this Agreement.
' 8. Recovery of Fees for Noncompliance
In the event the Contractor bills for services provided and is paid fees for services that DSHS later finds
were either(a) not delivered or(b) not delivered in accordance with applicable standards or the
requirements of this Agreement, DSHS shall have the right to recover the fees for those services from
the Contractor,and the Contractor shall fully cooperate during the recovery process.
9. Prohibition of Use of Funds for Lobbying Activities
The Contractor, shall not use funds payable under the Agreement for lobbying activities of any nature.
The Contractor certifies that no state or federal funds payable under this Agreement shall be paid to
any person or organization to influence, or attempt to influence, either directly or indirectly, an officer or
employee of any state or federal agency, or an officer or member of any state or federal legislative body
or committee, regarding the award, amendment, modification, extension, or renewal of a state or
federal contract or grant
Any act by the Contractor in violation of this prohibition shall be grounds for termination of this
Agreement, at the sole discretion of DSHS, and shall subject Contractor to such monetary and other
penalties as may be provided by law
10. Administrative Records
The Contractor shall retain all fiscal records that substantiate all costs charged to DSHS under this
' Agreement.
11. Auditing and Monitoring
DSHS may schedule monitoring visits with the Contractor to evaluate performance of services. The
Contractor shall provide at no further cost to DSHS reasonable access to all service-related records
and materials, including financial records In support of billings, and records of staff time.
' DSHS Central Contrail Services
6015LF Custom Interlocal Agreement(9-28-06) Page 9
Special Terns and Conditions
12. Insurance. For purposes of this Agreement* '
Each Party to this Agreement certifies that It Is self-insured under the state of Washington self- '
insurance liability program,as provided by RCW 4.92 130, and shall pay for losses for which it is found
liable
1
t�
y
DSHS Central contract Sennces '
6015LF Custom Intedoc4 Agreement(9-28-06) Page 10
Kent City Council Meeting
' Date February 6, 2007
Category Consent Calendar
1. SUBJECT: 2007 CITY ART PLAN AND 2007-2011 FIVE YEAR ART PLAN—
APPROVE
2. SUMMARY STATEMENT: Approve the 2007 City Art Plan and the 2007-2011
Five Year Art Plan.
The City Art Plan shows projects carried over from 2006, and details projects for 2007,
with specific art expenditures planned for 2007-2011, as part of the five-year plan. The
Visual Arts Committee worked with staff to craft the plan which was approved by Kent
Arts Commission on December 12, 2006
' 3. EXHIBITS: 2007 City Art Plan and 2007-2011 Five Year City Art Plan
' 4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
' 5. FISCAL IMPACT
Expenditure' N/A Revenue? N/A
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue. Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
' Item No 6H
' PARKS, RECREATION AND COMMUNITY SERVICES
1 Jeff Watling, Director
• Phone: 253-856-5100
K E N T Fax: 253-856-6050
WASHING70N
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
' ITEM #4
DATE: January 18, 2007
TO: Kent City Council Parks and Human Services Committee
FROM: Cheryl dos Remedios, Visual Arts Coordinator
' THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services
SUBJECT: 2007 City Art Plan and 2007-2011 Five Year City Art Plan -Approve
' MOTION: Move to recommend approving the 2007 City Art Plan and the 2007-
2011 Five Year Art Plan.
fSUMMARY: The attached City Art Plan shows projects carried over from 2006, details
projects for 2007, and specifies art expenditures planned for 2007-2011, as part of the
5-year plan. The Visual Arts Committee worked with staff to craft the plan which was
approved by Kent Arts Commission on December 12, 2006. Please review the attached
' document for details.
EXHIBITS: 1) 2007 City Art Plan and 5 Year Plan. 2) Ordinance 2552
BUDGET IMPACT: No budget impact
CITY OF KENT
Parks, Recreation & Community Services
Kent Arts Commission
2007 CITY ART PLAN
' FIVE YEAR CITY ART PLAN, 2007 -2011
Ordinance 2552
Approved-
Visual Arts Committee
' Kent Arts Commission
City Council Sub-Committee.
' City Council
CITY OF KENT
Parks, Recreation & Community Services
Kent Arts Commission
2007 CITY ART PLAN ,
New Projects 2005/2006 2007
Budget Budget
Capital Project, Neighborhood Park(Riverview) 20,000
Capital Project Artwork, Downtown Improvements(Town Square) 20,000
Capital Project Artwork Neighborhood Park(132Id Studio/Park design) 10,000
Maintenance/Collection PublicitylEducation 4,259
Portable Collection Purchases 5,000
New Projects utilizing previously approved budget
Herbert Bayer Earthwork 25"°Anniversary $24,500
Previously Approved Projects In-Motion
Capital Project Town Square Plaza(E Conner) $25,000 ,
Capital Project Riverview Park, Phase 1 $10,000
Maintenance downtown mural (Artech/D Pierce)) $12,000
"Agriculture" monumental sculpture (Peter Requiam) $30,000
Community Participation Art Russell Road Park $3,000 '
_ Subtotal $104 500 $59,259
TOTAL 2007 BUDGET FOR 19026223.66500.4310 $163,759
OTHER EXPENSES
Salary&Administration $94,651
Supplies 1,659
Professional Services (Design, Consultant Fees, Maintenance/Repair) 15,731
TOTAL 2007 BUDGET FOR 10006223.4310 $112,041
Total $21 capita 85,650 x 2 $171,300 ,
TOTAL 2007 Anticipated Expenditures $275,800
2 ,
' KENT ARTS COMMISSION
2007 CITY ART PLAN NARRATIVE
IProiect Title: Riverview Park
Proiect Description- Judith and Darnel Caldwell will propose a design for 2-dimensional treatment
' surface in January If accepted this design will be integrated into construction documents by the
landscape architect. The artist may use construction credits, where available The artwork will relate
to the park's location along the Green River
' Estimated Costs. $30,000
Funding Source: 2006 + 2007 City Art Plan
Background. Bringing art into parks during the construction phase allows for works to be integrated
in a seamless manner for a cohesive design and tends to save costs by combining construction
costs of both art and park elements Examples where this has occurred is Garrison Creek Park and
Morrill Meadows.
Proiect Title Downtown Improvements, Town Square Park
Proiect Description: Artist Elizabeth Connor is creating a proposal for three `site indicators' along
the 2"d Avenue edge of Town Square Park If accepted, these artworks will become a link between
Town Square Plaza and downtown Kent
Estimated Costs- $165,000
Funding Source $45,000 from 2007 City Art Plan, $120,000 from Parks
Planning +foundations and utility hook-up
Background Design team artist Elizabeth Conner has been working with the City and designers of
the park since 2003 The design work she has contributed to the protect will be funded through
Parks Planning, construction credits and two City Art Plan allocations (in 2006 and 2007) The
artwork will provide aesthetic enhancements within the city that draw visitors to the main shopping
district
Proiect Title 132"d Studio/Park design
Project Description- The community would like an artist designed /artist built studio
Estimated Costs- $ tbd
Funding Source: $10,000 from 2007 City Art Plan,
Background There was a studio at 132nd that the community would like replaced We are beginning
to save money for this initiative at a rate of $10,000 per year. Staff is investigating grant
opportunities.
i
3
t
Project Title- Maintenance/Collection Publicity/Education '
Project Description, Protects in-progress include the West Hill Skate Park graffiti community ,
protect, the City Art Guide and downtown mural repairs
Estimated Costs- $4,259 ,
Funding Source: 2007 City Art Plan
Background- This fund may be used for maintaining and promoting existing artworks. '
Proiect Title Portable Collection Purchases
Proiect Description Purchase quality artworks from area artists that enhance the quality and value
of the City Portable Art collection. The artworks are exhibited in publicly accessible areas of City
facilities
Estimated Costs: $5,000
Funding Source: 2007 City Art Plan
Background The City of Kent Arts Commission has established a collection of portable artwork
that includes a variety of quality two-dimensional artworks Artwork acquired through purchase
awards during the Juried Fine Art Exhibit attract quality area artists to enter Other portable art is
purchased to enhance the art collection and respond to specific exhibit needs The funds allow the
City to introduce art into the workplace and in public areas where the community does business
This program supports local artists, serves specific needs for special protects and promotes
participation in City programs A work environment that includes amenities such as art has been
shown to increase productivity and job satisfaction
Project Title 25i"Anniversary Herbert Bayer Celebration
Proiect Description- Celebrate the 251"Anniversary of the Herbert Bayer Exact project description ,
to be approved by the Visual Arts Committee and Arts Commission
Estimated Costs $24,500 ,
Funding Source Reassignment of funding from 2005/2006 budget
Background The City of Kent is internationally recognized for being the home of the Mill Creek
Canyon Earthworks by Herbert Bayer Dedicated in 1982, the Bayer earthwork was created as part
of the groundbreaking 1979 King County Land Reclamation as Sculpture initiative This initiative
marked the first time Arts Commissions partnered with other local and national governmental
departments The Bayer earthwork embodied this new relationship by serving the dual role of being
both an artistic enhancement and a functional flood control facility Today, it IS common for visual
artists to collaborate with city planners, public works departments, landscape architects and
engineers, yet this was a ground-breaking approach 25 years-ago.
4
It is also worth noting the eminence of Herbert Bayer himself While land art has a history that
stretches back to ancient times, the first modern earthworks were built by Herbert Bayer, starting
with Grass Mound in Aspen, completed inl955. The fact that the project was initialed locally has
been key to its success The contributions of Mayor Isabel Hogan, Parks Director Barney Wilson,
and the Kent City Council cannot be overstated, nor can the financial contributions of individual
Kent citizens or the general enthusiasm of the community
The Kent community has expressed its desire for the future of Kent to be a continually more
attractive and livable city. The citizenry has demonstrated its recognition of the importance
of providing a place to enjoy passive recreation in the midst of commercial and residential
' buildings through their support of the Bayer Earthwork.
Earthworks. Land Reclamation as Sculpture Technical Report, King County Arts Commission, 1981
5
KENT ARTS COMMISSION CITY ART 5 YEAR PLAN
2007— 2011
2007 PROJECTS COSTS
Capital Project Total 59,259
Capital Project, Neighborhood Park (Riverview) 20 000
Capital Project Artwork, Downtown Improvements, 20 000
Town Square Park)
Capital Project Artwork, 132' Studio/Park design 10,000
Maintenance/Collection Publicity/Education 4,259
Portable Collection Purchases 5,000 '
Administration/Maintenance $112,141
Year Total $171,300
2008 PROJECTS COSTS '
Capital Project Total 53,552
Capital Project, Clark Lake Residency Program & Project 20,000
Capital Project, Clark Lake Integrated Artwork, Phase 1 20 000
Capital Project Artwork, 1320' Studio/Park design 10 000
Portable Collection Purchases 3,552
Administration/Maintenance _ 117.748
Year Total $171,300
2009 PROJECTS COSTS
Capital Projects Total 47,665
Clark Lake, Phase 11 Integrated Artwork 30,000
Aquatic Center or other Capital Art Project 15,000 ,
Portable Art Collection Purchases 2,665
Administration/Maintenance 123,635
Year Total $171,300
2010 PROJECTS COSTS
Capital Projects Total 41,484
Clark Lake, Phase I//Integrated Artwork 30,000
Aquatic Center or other Capital Art Project 9,000
Portable Art Collection Purchase 2,484
Administration/Maintenance 129,816
Year Total $171,300
2011 PROJECTS COSTS
Capital Projects Total 34,994
Community participation or reclamation art project 30,000 ,
Portable Collection Purchases 4,994
Administration/Maintenance 136,306
Year Total $171,300
t
6 �
Kent City Art Plan
LOCATIONS FOR 2007 CAPITAL PROJECTS
' Riverview Park
Green River(W+S) and SR167 (E) Access via Hawley Rd (N) Green River Trail access
A 15 acre community park along the Green river to include open space, trail access, parking, picnic
shelter, restroom, interpretative signage, play equipment, non-motorized boat access, ADA accessible
fishing platform and view benches/platforms facing the Green River
Town Square Park
2nd Avenue, between Kent Station and downtown Kent, across from the King County Library
' 132°' Neighborhood Park
132°d Avenue &2661" Street East Hill, Kent
A new 5 5 acre neighborhood park with playfield, play equipment, tennis courts, basketball court, volleyball
area, picnic shelter, public art, art studio and art plaza, and parking
Herbert Bayer Earthworks at Mill Creek Canyon
742 East Titus, Kent
107 1 acres
Facilities include Amphitheater, shelter(with water& electrical outlets), drinking fountain, greenbelt,
picnic areas, public art, restroom, parking, trails walk/jog
7
Kent City Council Meeting
' Date February 6. 2007
Category Consent Calendar
1. SUBJECT: RIVERVIEW PARK MASTER PLAN—APPROVE
2. SUMMARY STATEMENT: Approve the master plan for Riverview Park.
Riverview Park is a 14-acre community park located east of the Green River off
Hawley Road and South of Willis Street Two public meetings were held to gather
citizen input for the master plan of the park Amenities proposed for the park include:
parking, restroom, picnic shelter, play equipment, car top boat ramp, accessible bank
fishing area, trail, open play area and a designated Green River tratlhead. The Green
River Trail currently runs north/south through the eastern edge of the park property.
1
3. EXHIBITS: None
4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
S. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
,1
DISCUSSION:
ACTION:
Council Agenda
Item No 61
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
K E N T Fax: 253-856-6050
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
ITEM #5
' DATE: January 18, 2007
TO: Kent City Council Parks and Human Services Committee
FROM: Lori Flemm, Superintendent of Parks and Open Space
THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services
SUBJECT: Riverview Park Master Plan —Approve
1
MOTION: Move to recommend approving the master plan for Riverview Park.
SUMMARY: Riverview Park is a 14-acre community park located east of the Green
River off Hawley Road and south of Willis Street. Two public meetings were held to
gather citizen input for the master plan of the park. Amenities proposed for the park
include: parking, restroom, picnic shelter, play equipment, car top boat ramp, accessible
bank fishing area, trail, open play area and a designated Green River trailhead. The
Green River Trail currently runs north/south through the eastern edge of the park
property.
EXHIBITS: PowerPoint presentation
BUDGET IMPACT: N/A
t
i
Kent City Council Meeting
Date February 6, 2007
Category Consent Calendar
1. SUBJECT: 2006 FOURTH QUARTER FEE-IN-LIEU FUNDS — ACCEPT AND
AMEND BUDGET
2. SUMMARY STATEMENT: Accept $83,631 in development fees for the fourth
quarter of 2006, and authorize the expenditure of funds in the 272nd Street Park,
Turnkey Park, West Fenwick Park, Master Plan, and Service Club Park budgets.
Between October and December 2006, the City of Kent received a total of$83,631
from five developers who voluntarily paid fees, in lieu of dedicating park land to
mitigate the development of single family homes in five subdivisions:
• 272nd Street Park budget $30,500 for Kentara development
• Turnkey Park budget: $21,075 for Kam Singh development
• W. Fenwick Park budget: $10,800 for Punjab development
• Master Plan budget $13,831 for Millbrook Estates development
• Service Club Park- $7,425 for Lang development
3. EXHIBITS: City 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 P20093 Amount $30,500 00
Fund P20037 Amount $21,075 00
Fund P20061 Amount $10,800.00
Fund P20306 Amount $13,831 00
' Fund P20024 Amount $7,425 00
Unbudgeted Revenue: Fund P20013 Amount $83,631 00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilinember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6J
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
400 Phone: 253-856-5100
K ENT Fax: 253-856-6050
W A 5"' "3 T"" Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
ITEM #6
DATE: January 18, 2007
TO: Kent City Council Parks and Human Services Committee
FROM: Lori Flemm, Superintendent of Parks and Open Spaces
THROUGH: Jeff Watling, Director of Parks, Recreation & Community Services
SUBJECT: 2006 Fourth Quarter Fee-in-Lieu Funds - Accept and Amend Budget
MOTION: Move to recommend accepting $83, 631.00 in development fees
for the fourth quarter of 2006, and authorizing the expenditure of funds in
I the 272nd Street Park budget, Turnkey Park budget, West Fenwick Park
budget, Master Plan budget, and Service Club Park budget.
' SUMMARY: Between October and December 2006, the City of Kent received a total of
$83,631.00 from five developers who voluntarily paid fees, in lieu of dedicating park
land to mitigate the development of single family homes in five subdivisions:
• 272nd Street Park Budget: $30,500.00 for Kentara development
• Turnkey Park Budget: $21,075.00 for Kam Singh development
• W. Fenwick Park Budget: $10,800.00 for Punjab development
• Master Plan Budget: $13,831.00 for Millbrook Estates development
• Service Club Park: $7,425.00 for Lang development
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.
' EXHIBITS: Copy of Finance Revenue Report
BUDGET IMPACT: Unbudgeted $83,631.00, impacts revenue account no. P20013 and
expense account numbers P20093 ($30,500.00), P20037 ($21,075,00), P20061
($10,800.00), P20306 ($13,831.00) and P20024 ($7,425.00).
VI
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Kent City Council Meeting
Date February 6, 2007
Category Consent Calendar
1. SUBJECT: EAGLE SCOUT PROGRAM DONATIONS —ACCEPT AND
AMEND BUDGET
2. SUMMARY STATEMENT: Accept the $373 donation from Dallm Connell and
authorize the expenditure of funds in the Eagle Scout Projects budget.
Staff works with Boy Scouts throughout the area to develop projects of value to the
City and to the Scouts for attainment of Eagle Scout honors. Dalhn Connell, Troop
#414, chose to complete 200' of a gravel, accessible trait in Clark Lake Park as his
Eagle Scout project. City funds are available for each project, but each Scout is
encouraged to solicit donations of cash and/or materials as part of his leadership
responsibilities to off-set total expenses. Dallin secured $373 in donated cash from
local businesses, family and friends He secured discounts for equipment rental and
material and received donations of food for the 55 volunteers Dallm led other Scouts
and completed his project in November providing 372.75 volunteers hours with a value
to the City of$4,473.
3 EXHIBITS: City revenue reports
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 P20083.63180.530 Amount $373 00
Unbudgeted Revenue: Fund P20083.56718 Amount $373 00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6K
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
• Fax: 253-856-6050
KENT
WASHINGTON Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
1
ITEM #7
DATE: January 18, 2007
TO: Kent City Council Parks and Human Services Committee
FROM: Lori Flemm, Superintendent of Parks and Open Space
THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services
SUBJECT: Eagle Scout Program Donations — Accept and Amend Budget
MOTION: Move to recommend accepting the $373.00 donation from Dallin
Connell and authorizing the expenditure of funds in the Eagle Scout Projects
budget.
SUMMARY: Staff works with Boy Scouts throughout the area to develop projects of
value to the City and to the Scout for attainment of Eagle Scout honors. Dallin Connell,
Troop #414, chose to complete 200'of a gravel, accessible trail in Clark Lake Park as his
Eagle Scout project. City funds are available for each project, but each Scout is
encouraged to solicit donations of cash and/or materials as part of his leadership
responsibilities to off-set total expenses. Dallin secured $373.00 in donated cash from
local businesses, family and friends. He secured discounts for equipment rental and
material and received donations of food for the 55 volunteers. Dallin led other Scouts
and completed his project in November providing 372.75 volunteers hours with a value
to the City of$4,473.00.
EXHIBITS: Revenue Reports
BUDGET IMPACT: Unbudgeted fees impact revenue account number P20083.56718 and
expense number P20083.63180.530.
i
R55GA006 City of Kent 121812006 Page 1
Journal Entry I Budget Change
jDoc#: 44845 Ledger Type: AA Journal Entry
Doc Type: JR Batch#: 81268
Explanation: PK#238 D. Connell ES Project GIL Date: 1202006
Automatic Reversal? No Created by: JBROOM Last Changed by: JSROOM
Line# B Unit Object Subsidiary Subledger Debit Amount Credit__Amount Account Explanation Reference
1 0 P20083 56718 300 00- 0 Connell Ear lie Scout Project
20 1 11110 0010 30000 D Connell Eagle Scout Project
Journal Entry Totals. 30000 300 00- tl""�
I have reviewed this journal entry for accuracy, validity and appropriateness It is a true representation
of transactions Incurred while conducting City business Appropriate supporting documentation is attached.
Dept- Authorized by: Finance - Reviewed by:
t
R55GA006 City of Kent 12/80,006 Page 1
Journal Entry I Budget Change
Doc#: 44459 Ledger Type: AA Journal Entry
Doc Type: JR Batch#: 80588
Explanation: PK#226 D Connell ES Protect GIL Date: 11/20/2006
Automatic Reversal? No Created by: JBROOM Last Changed by: SSHAW
Lme# Burnt _ Object Subsidiary Subledger _Debit Amount Credit Amount Account Explanation Reference
1 0 P20083 56718 Y3 00- D Connell Eagle Scout Project
2 0 1 11110 0010 7300 D Connell Eagle Scout Project
Journal Entry Totals: 7300 73 00-
I have reviewed this journal entry for accuracy, validity and appropriateness It is a true representation
of transactions incurred while conducting City business Appropriate suppoiting documentation is attached.
Dept -Authorized by: _ Finance- Reviewed by:
I
Kent City Council Meeting
Date February 6, 2007
Category Consent Calendar
I 1. SUBJECT: KENT DOWNTOWN PARTNERSHIP DONATION FOR
HANGING BASKET PROGRAM — ACCEPT AND AMEND
BUDGET
2. SUMMARY STATEMENT: Accept the $800 donation from the Kent Downtown
Partnership and authorize the expenditure of funds in the Greenhouse budget
The Kent Downtown Partnership donated $800 toward the cost of purchasing hanging
flower baskets and liners for the 2006 season.
3. EXHIBITS: City 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 10006600 63180 5322 Amount $800 00
Unbudgeted Revenue: Fund 10006600 56710 5322 Amount $800 00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
i
DISCUSSION:
ACTION:
Council Agenda
Item No 6L
1 PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
440 Phone: 253-856-5100
Fax: 253-856-6050
KENT
WASHINGTON Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
ITEM #8
DATE: January 18, 2007
TO: Kent City Council Parks and Human Services Committee
FROM: Lori Flemm, Superintendent of Parks and Open Space
THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services
SUBJECT: Kent Downtown Partnership Donation for Hanging Basket Program —
Accept and Amend Budget
MOTION: Move to recommend accepting the $800.00 donation from the Kent
Downtown Partnership and authorizing the expenditure of funds in the
Greenhouse budget.
SUMMARY: The Kent Downtown Partnership donated $800.00 toward the cost of
purchasing hanging flower baskets and liners for the 2006 season.
EXHIBITS: Revenue Report and PowerPoint presentation
BUDGET IMPACT: Unbudgeted fees impact revenue account number
10006600.56710.5322 and expense number 10006600.63180.5322.
R55GA014 Search GL by Account Number 1 it13Y2006 14 3535
GL Dales 111/2006 - 11/13/2006 Page 1
Acount Number _ Subledger GL Date Doc#_ Batch If Amount POtl Ref_2 Description _ YenAororCustpmer PC LT RN Rec
W006600567105322 t0/SR006 RI 5661 781361 (3W 001 Nangmg Baskets reimPVwemenf 747148 Ntnl Downtown ParNerslup P AA
Acrounl Total (300 00)
Report Total
I
1
i
I
I,
i
Kent City Council Meeting
Date February 6, 2007
Category Consent Calendar
1. SUBJECT: EAST VALLEY HIGHWAY, S 224TH TO S. 212TH PEDESTRIAN
AND BICYCLE SAFETY GRANT—ACCEPT
2. SUMMARY STATEMENT: Accept the Washington State Department of
I Transportations 2006 Pedestrian and Bicycle Safety grant in the amount of$128,000,
establish a budget for the funds, direct staff to spend the money accordingly for said
project, and authorize the Mayor to sign all necessary documents.
3. EXHIBITS: Public Works memorandum and WSDOT agreement
f4. RECOMMENDED BY: Public Works
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? _
Currently in the Budget? Yes _ No X
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councitmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6M
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
IZ KENT• Phone 2`i3-856-5500
Fax: 253-856-6500
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: January 12, 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: January 22, 2007
From: Mark Howlett, Engineering Supervisor
Through- Larry Blanchard, Public Works Director
Subject: East Valley Highway — Pedestrian and Bicycle Safety Grant
ITEM 2
Motion: ■ Required ❑ Not Required ❑ For Information Only
Move to recommend Council accept the Washington State Department of Transportation
2006 Pedestrian and Bicycle Safety grant in the amount of $128,800, establish a budget
for the funds, direct staff to spend the money accordingly for said project and authorize
the Mayor to sign all necessary documents.
Will document be required?
❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Background/History: The City's East Valley Highway Project will widen East Valley Highway (84`h
Avenue) between State Route 167 and S. 212th Street providing three general purpose lanes in each
direction and a two-way-left-turn lane. This project will also include adding sidewalks where they do
not currently exist and improvements to the street light system, signal system and storm drainage
system.
The Washington State Department of Transportation selected the East Valley Highway Project to
receive funding through its Pedestrian and Bicycle Safety Program. These funds have been
authorized for the preliminary engineering and construction phases of the project.
Summary: The attached agreement, in the amount of $128,800, is authorization for the design
and construction phases of the City's East Valley Highway Project. In order to be reimbursed for
project expenses, the City Council must accept the grant, authorize the establishment of the
budget, direct staff to spend the money accordingly and authorize the Mayor to sign all necessary
documents.
Recommendations: Move to recommend accepting the grant funds, establishing a budget for the
funds, directing staff to spend the money accordingly for said project and authorizing the Mayor to
sign all necessary documents.
U IPWCommrdeeUcNomFg110071PWC 011107 dw
SYe; s v -
a,sidK9trt+?F� State Transportation Building
q •lt'lp itFi ent of T ransporita .iori 310 tv'taple P=kA, S c
=_�arJ 3:�51�a�ahcn Olympia,WA 9L1504-7300
360-705-7000
TTY 1-8 0 33f!-638E
•N vVwY VY ltl'li nJ i yJV
June 28, 2006
1 U. I V a U
Mr. Larry Blanchard JU N 30 2006
Public Works Director
City ofKent CITY OF KENT
220 Fourth Avenue South ENGINEERING DEP i
Alin non'zq cQ"c
City of K--It
East Valley Highway—S. 224ih to S. 212ih
HLP-PB06(0OS)
2006 Pedestrian and Bicycle Safety Program
Dear c iard:
The above project has received fund authorization, effective June 23, 2006, as follows:
PHASE TOTAL STATESHARE
Preliminary Engineering $47,826 $2200
Construction $232,174 $106,800
Enclosed for your information and file is a fully executed copy of Highways &Local
Programs State Funding Agreement LA-6119 between the state and your agency. All
costs exceeding those shown on this agreement are the sole responsibility of your agency.
All future correspondence relating to the project is to be submitted to your Region Local
Programs Engineer, Ed Conyers, who can be reached at(206) 440-4734.
Sincerely,
Stephanie Tax
Manager, Program Management
Highways &Local Programs Division
ST:dk:ac
Enclosures
cc: Ed Conyers, Northwest Region Local Programs Engineer, MS NB82-121
CWashington State
AP Department of Transportation
Agency and Address
Highways and Local Programs City of Kent
State Funding Agreement 220 Ah Avenue South
Work by Public rent, WA 98032
Agencies
Agreement Number Maximum Amount Authorized Location and Description of Work(See also Exhibit"A")
$128,800 00 East Valley Highway -S. 224th St_ to S.212th St.
Construct new curb, gutter and sidewalk along the
Participating Percentage Project Number east and west side of the roadway where they do not
46% 111>01� C10S currently exist.
This AGREEMEN I is made ana enreft•d ado fIito .!"v^r r t— _ _ 2-CKD" between
the STATE OF WASHINGTON,Department of Transportation,acting by and through the Secretary of Transportation,hereinafter
called the"STATE,"and the above named organization,hereinafter called the"AGENCY"
WHEREAS, the AGENCY is planning the work shown above,and in connection therewith,the AGENCY has requested financial
assistance for the project or program,and
WHEREAS,the AGENCY has requested funds for the above shown project or program,which has been selected by the STATE
for funding assistance
NOW THEREFORE, in consideration of the terms,conditions,covenants,and performances contained herein,or attached and
incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS.
Estimate of Funding__
(1) — - (2) -- i3> —
Type of Work Estimated Total Estimated Agency Estimated
Protect Funds Funds Stale Funds
PE a Agency_ 45,826.00 24,746 00 21,080 00
bOther _-- —
c.Other
d._State 2,00000 1,080 00 92000
e Total PE Cost Estimate a+b+c+d 47,826.001 25,826.00 22,000.00
Right of Way
g_Other
h Other
i State
.Total R/W Cost Eshmate f +h+i
Construction k.Contract 210,174 00 113,494 00 96,680.00
I Other
m_Other---- — _` __
n Other
o.-�qency_— _20,000 00 10,800 00 9,200 00
p State 2,00000 1,080.00 92000
q Total CN Cost Estimate(k+l+m+n+o+p) 232,174.00 125,374.00 106,800.00
r.Total Project Cost Estimate(e+f+V) 280,000.00 151,200.001 128,800.00
DOT Form 7 9100 EF
Revised 9/00
iV
General Legal Relations
The AGENCY agrees to perform the above described work in accordance No liability shall attach to the AGENCY or the STATE by reason of
with the Protect Application attached hereto as'Exhibit A'and made a part entering into this AGREEMENT except as expressly provided herein
of this AGREEMENT
Plans, specifications, and cost estimates shall be prepared by the V
AGENCY in accordance with the current State of Washington Standard Nondiscrimination
Specifications for Road, Bridge, and Municipal Construction and adopted
design standards, unless otherrnse noted The AGENCY will incorporate The AGENCY agrees to comply with all applicable state and federal laws,
the plans and specifications into the AGENCYs project and thereafter rules, and regulations oercainmg to nondiscr,m�nation and agrees to
aovertise the resulting protect for bid and,assuming bids are received and require the same of all subcontractors providing services or performing
a contract is awarded,administer the contract,or if the project is of a size any work using funds provided under this AGREEMENT
which the AGENCY is authorized to perform with its own forces under the
laws of the State of Washington, the AGENCY may proceed with its own Vi
forces
Venue ,
All work performed under this AGREEMENT shall comply with the
applicable provisions of state taw For the convenience of the parties to this AGREEMENT, it is agreed that
(I any claims and/or causes of action which the AGENCY has against the
STATE, growing out of this AGREEMENT or the protect or program with
Payment which it is concerned, shall be brought only in the Superior Court for
Thurston County
I ne.�I H I t,In CUUSIUeia UOl I Vi a IC im ii liui Np"oornan ce of
U`z t. :'.c ti�
performed by the AGENCY, agrees to reimburse the AGENCY for trip VIl
percentage of the actual direct and related indirect cost of the work shown Termination
above, up to the "MAXIMUM AMOUNT AUTHORIZED" The agency will
comply with Governmental Accounting Auditing and Financial Reporting The Secretary of the Department of Transportation may terminate this
Standards and applicable state law and local regulations, policies and AGREEMENT if the funding becomes unavailable or if the Secretary
procedures No payment will be made for work done prior to execution of determines that it is in the best interest of the STATE
this AGREEMENT.
Partial payments shall be made by the STATE, upon request of the Vill
AGENCY, to cover costs incurred These payments are not to be more Final Report and Final Inspection
frequent than one (1) per month It is agreed that any such partial
payment will not constitute agreement as to the appropriateness of any Within ninety (90) days following the completion of the project and
item and that,at the time of the final audit,all required adjustments will be submission of the final billing for the project, a final report and/or final
made and reflected in a final payment The AGENCY agrees 10 submit a inspection shall be submitted to the Assistant Secretary for Highways &
final bill to the STATE within forty-five (45) days after the AGENCY has Local Programs containing the following information
completed work
The AGENCY agrees that all costs in excess of the amount authorized and Non-Capital Protects
the AGENCY's matching funds shall be the responsibility of the AGENCY. 1 A description of the project or program
Ill 2. A summary of actual costs of the project or program
Audit 3. An evaluation of the project or program this should address aspects
such as transportation and/or other benefits to the public.
The AGENCY agrees that an audit may be conducted by the STATE
During the progress of the work and for a period not less than three (3) Capital Protects
years from the date of final payment to the AGENCY, the records and 1 A final inspection is required.
accounts pertaining to the work and accounting thereof are to be kept
available for inspection and audit by the STATE and copies of all records, IX
accounts, documents, or other data pertaining to the project will be Supplement
furnished upon request If any litigation,claim,or audit is commenced,the
records and accounts along with supporting documentation shall be This agreement may be modified or supplemented only in writing by both
retained until all litigation, claim,or audit finding has been resolved even
though such litigation, claim, or audit continues past the three-year parties
retention period
IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT on the day and year last written below.
AGENCY STATE
By: •1 _ By:
Assistant Sec tary for Highways and Local Programs
Title: Public Works Director
Date: (� rj l EJ _ Date:
DOT Form 140-037 EF
Revised 9100
Kent City Council Meeting
Date February6, 2007
Category Consent Calendar
1. SUBJECT: MILITARY ROAD AND S. 268TH STREET PEDESTRIAN AND
BICYCLE SAFETY GRANT— ACCEPT
2. SUMMARY STATEMENT: Accept the Washington State Department of
Transportations 2006 Pedestrian and Bicycle Safety grant in the amount of$87,000,
establish a budget for the funds, direct staff to spend the money accordingly for said
project, and authorize the Mayor to sign all necessary documents
1
1
3. EXHIBITS: Public Works memorandum and WSDOT agreement
4. RECOMMENDED BY: Public Works
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure9 X Revenue?_
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6N
l
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
•
KENT Phone 253-856- 500
WASHINGTON Fax 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: January 12, 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: January 22, 2007
From: Mark Howlett, Engineering Supervisor
Through: Larry Blanchard, Public Works Director
Subject: Military Road/S. 268th Street Intersection — Pedestrian and Bicycle
' Safety Grant
ITEM 3
Motion: ■ Required ❑ Not Required ❑ For Information Only
Move to recommend Council accept the Washington State Department of Transportation
2006 Pedestrian and Bicycle Safety grant in the amount of $87,000, establish a budget
for the funds, direct staff to spend the money accordingly for said project and authorize
the Mayor to sign all necessary documents.
Will document be required?
❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Background/History: The City's Military Road/S 268t" Street Project will construct new curb,
gutter and sidewalk along the three legs of the intersection where they do not currently exist. This
project will also include upgrades to the illumination system. These improvement will provide a safer
intersection for pedestrians and bicyclists.
The Washington State Department of Transportation selected the Military Road/S. 268"' Street
Project to receive funding through its Pedestrian and Bicycle Safety Program. These funds have been
authorized for the preliminary engineering and construction phases of the project.
Summary: The attached agreement, in the amount of $87,000, is authorization for the design and
construction phases of the City's Military Road/S. 2681' Street Project In order to be reimbursed for
project expenses, the City Council must accept the grant, authorize the establishment of the budget,
direct staff to spend the money accordingly and authorize the Mayor to sign all necessary
documents.
1
Recommendations: Move to recommend accepting the grant funds, establishing a budget for the
funds, directing staff to spend the money accordingly and authorizing the Mayor to sign all necessary
documents for said project.
U W NC..,It.UctmnPnge170071 PWC07]I07 dm
Washington State "transportation Building
c Department a6 Trcansporf--*ion 3 O Fe"aple Park 11,verue S E
PC, arn,47?0r,
:s�teytas c, sr€aessv:saaa Olympia,VJA 98504-7300
Fc€@iciV of Trarsoc��aU�n
360-705-7000
-;v ?-av0-Bs3�388
v.,vw wGdo wa,q0V
June 28, 2006
REUti vE
Mr. Larry Blanchard � N 0 2006Public `Yorks Director
City of Kent CITY OF KENI
220 Fourth Avenue South ENGINEERING DEBT
Kent_ WA 98032-5895
City of Kent
Military Road/S. 268th Street I/S
HLP-PB06(006)
2006 Pedestrian and Bicycle Safety Program
Dear Mr card:
The above project has received fund authorization, effective June 23, 2006, as follows:
PHASE TOTAL STATE SHARE
Preliminary Engineering $18,750 $15,000
Construction $901000 $721000
Enclosed for your information and file is a fully executed copy of Highways &Local
Programs State Funding Agreement LA-6120 between the state and your agency. All
costs exceeding those shown on this agreement are the sole responsibility of your agency.
All future correspondence relating to the project is to be submitted to your Region Local
Programs Engineer, Ed Conyers, who can be reached at (206)440-4734.
Sincerely,
* - 4�0
Stephanie Tax
Manager, Program Management
Highways &Local Programs Division
ST:dk:ac
Enclosures
cc: Ed Conyers,Northwest Region Local Programs Engineer,MS N1382-121
AM
Ar"" Washington State
f Department of Transportation
Agency and Address
Highways and Local Programs City of Kent
State Funding Agreement 220 4th Avenue South
Work by Public Kent, WA 98032
Agencies
Agreement Number Maximum Amount Authorized Location and Description of Work (See also Exhibit"A")
0 $87,000.00 Military RoadJS 268th Street Intersection -Construct
" new curb, gutter and sidewalk along 3 legs of the
Participating Percentage Project Number intersection and reconstruct the existing sidewalk
80% along the north stile of S. 26&th. Add street lights.
Th,e A(=PFFA6_A1-,c mnrio and. nfororl nfn thiC -7 fi.gv of .kl'f_l-c, ZCICX0 between
the STATE OF WASHINGTON,Department of Transportation,acting by and through the Secretary of Transportation,hereinafter
called the"STATE,"and the above named orgamzaLon, hereinafter called the"AGENCY"
WHEREAS, the AGENCY is planning the work shown above,and in connection therewith,the AGENCY has requested financial
Iassistance for the project or program,and
WHEREAS, the AGENCY has requested funds for the above shown protect or program,which has been selected by the STATE
for funding assistance.
NOW THEREFORE, in consideration of the terms,conditions,covenants,and performances contained herein,or attached and
incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS
Estimate of Funding_ I�
Type of Work Estimated Total Estimated)Agency I Estimated
Project Funds Funds State Funds
PE l
_a_Age _ 17,750.00 3,550 00 14,200.00
b Other
c_Other
d State 1,000.00 _ 200.00 80000
e Total PE Cost Estimate a+b+c+d 18,750.00 3,750.001 15,000 00
Right of Way
f.Agency _
y_Other
h Other _
i.State
j.Total RAN Cost Estimate f +h+1
Construction k Contract 79,500 00 15,900.00 63,600 00
I. Other _ __ _
m_ Other
n.Other
o. nc Agey 9,00000 1,80000
7,200-0 0
p State 1,50000 _300.00 1,200 o0 r
q Total CN Cost Estimate(k+l+m+n+o+p) 90,000.00 18,000.00 72,000.00
r.Total Project Cost Estimate(e+l+q) 1 108,750.001 21,750.00 87,000.00
DOT Forth 140-087 EF
Revised 9100
IV
General Legal Relations
The AGENCY agrees to perform the above described work to accordance No liability shall attach to the AGENCY or the STATE by reason of
with the Project Application attached hereto as"Exhibit A"and made a part entering into this AGREEMENT except as expressly provided herein
of this AGREEMENT
Plans, specifications and cost estimates shall be V
P prepared by the
AGENCY in accordance with the current State of Washington Standard Nondiscrimination
Specifications for Road, Bridge, and Municipal Construction and adopted The AGENCY agrees to comply w Lh all applicable state and federal laws,
design standards,unless otherwise noted The AGENCY will incorporate
the plans and specilicatons into the AGENCY's project and thereafter rules, and regulations perta mng to nondiscrimination and agrees to
advertise the resulting project for bid and,assuming bids are received and require the same of all subcontractors providing services or performing
a contract is awarded, administer the contract,or if the project is of a size any work using funds provided under this AGREEMENT.
which the AGENCY is authorized to perform wit,its own forces under the
laws of the State of Washington,the AGENCY may proceed with its own VI
forces
Venue
All work performed under this AGREEMENT shall comply with the
applicable provisions of state law For the convenience of the parties to this AGREEMENT, it is agreed that
I( any claims and/or causes of action which the AGENCY has against the
STATE, growing out of this AGREEMENT or the project or program with
Payment which it is concerned, shall be brought only in the Superior Court for
Thurston County
Tha CTATi= in mneirlerahori of thr(arth5il narformance of the work to be
performed by the AGENCY, agrees to reimburse the AGENCY for the Vll
percentage of the actual direct and related indirect cost of the work shown Termination
above, up to the "MAXIMUM AMOUNT AUTHORIZED" The agency volt
comply with Governmental Accounting Auditing and Financial Reporting The Secretary of the Department of Transportation may terminate this
Standards and applicable state law and local regulations, policies and AGREEMENT if the funding becomes unavailable or if the Secretary
procedures No payment will be made for work done prior to execution of determines that it is in the best interest of the STATE
this AGREEMENT
Partial payments shall be made by the STATE, upon request of the Vlll
AGENCY, to cover costs incurred These payments are not to be more Final Report and Final Inspection
frequent than one (1) per month It is agreed that any such partial
payment will not constitute agreement as to the appropriateness of any Within ninety (90) days following the completion of the protect and
item and that,at the time of the final audit,all required adjustments will be submission of the final billing for the project, a final report andior final
made and reflected in a final payment The AGENCY agrees to submit a inspection shall be submitted to the Assistant Secretary for Highways &
final bill to the STATE within forty-five (45) days after the AGENCY has Local Programs containing the following information
completed work
The AGENCY agrees that all costs in excess of the amount authorized and Non-Capital Protects
the AGENCY's matching funds shall be the responsibility of the AGENCY
1. A description of the project or program
Ill 2. A summary of actual costs of the project or program
Audit 3. An evaluation of the project or program This should address aspects
such as transportation and/or other benefits to the public
The AGENCY agrees that an audit may be conducted by the STATE
During the progress of the work and for a penod not less than three (3) Capital Protects
years from the date of final payment to the AGENCY, the records and 1 A final inspection is required.
accounts pertaining to the work and accounting thereof are to be kept
available for mspectiori and audit by the STATE and copes of all records, IX
accounts, documents, or other data pertaining to the project will be Supplement
furnished upon request. If any litigation,claim,or audit is commenced,the
records and accounts along with supporting documentation shall be
retained until all litigation, claim,or audit finding has been resolved even This agreement may be modified or supplemented only in writing by both
though such litigation, claim, or audit continues past the three-year parties
retention period.
IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT on the day and year last written below.
AGENCY STATE
By. By.
—A-7— Assistant Secr tary for Highways and Local Programs
Title: Public Works Director
--- -- — — ----- JUN 7 e i Z006
Date: �S' lI (/R%! Date-
DOT Form 140-087 EF
Revised 9/00
Kent City Council Meeting
Date February 6, 2007
Category Consent Calendar
1. SUBJECT: SE 248TH STREET TO 101 ST PLACE PEDESTRIAN AND
BICYCLE SAFETY GRANT — ACCEPT
2, SUMMARY STATEMENT: Accept the Washington State Department of
Transportations 2006 Pedestrian and Bicycle Safety grant in the amount of$75,000,
establish a budget for the funds. direct staff to spend the money accordingly for said
project, and authorize the Mayor to sign all necessary documents
3. EXHIBITS: Public Works memorandum and WSDOT agreement
4. RECOMMENDED BY: Public Works
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 60
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone: 253-856-5500
KEN T Fax. 253-856-6500
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: January 12, 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: January 22, 2007
From: Mark Howlett, Engineering Supervisor
Through: Larry Blanchard, Public Works Director
Subject: SE 248th Street at 1015L Place SE—Pedestrian and Bicycle Safety Grant
ITEM 4
Motion: ■ Required ❑ Not Required ❑ For Information Only
Move to recommend Council accept the Washington State Department of Transportation
2006 Pedestrian and Bicycle Safety grant in the amount of$75,000, establish a budget
for the funds, direct staff to spend the money accordingly for said project and authorize
the Mayor to sign all necessary documents.
Will document be required?
❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Background/History: The City's SE 248th Street at 101st Place SE Project will construct new curb,
gutter and sidewalk along the east and west side of SE 2481h Street near 1015t Place SE where they
do not currently exist. This project will also include upgrades to the illumination system. These
improvements will provide a safer intersection for pedestrians and bicyclists.
The Washington State Department of Transportation selected the SE 248th Street at 101st Place SE
Project to receive funding through its Pedestrian and Bicycle Safety Program These funds have been
authorized for the preliminary engineering and construction phases of the project.
Summary: The attached agreement, in the amount of $75,000, is authorization for the design and
construction phases of the City's SE 2481h Street at 101't Place SE Project. In order to be reimbursed
for project expenses, the City Council must accept the grant, authorize the establishment of the
budget, direct staff to spend the money accordingly and authorize the Mayor to sign all necessary
documents.
Recommendations: Move to recommend accepting the grant funds, establishing a budget for the
funds, directing staff to spend the money accordingly and authorizing the Mayor to sign all
necessary documents for said project.
UIPN'CommnlceWtlanPngeL'W7f011?07 Ax
AdkbL
� Washington State Transportation Building
`' Department of Transportation 310 Maple Park Avenue S E
Douglas B. MacDonald PO Box47300
Secretary of Transportation Olympia,WA 98504-7300
360-705-7000
TTY 1-800-833-6388
www wsdot wa gov
June 28, 2006
RECELEID
W. Larry Blanchard
Public Works Director JU N 3 0 200S
City ofKent CITY O KEN
220 Fourth Avenue South
Kent,WA 98032-5895 ENGINE�RII�G DEFT
City of Kent
SE 248`1' Street @ 101"Place
HLP-PB06(007)
2006 Pedestrian and Bicycle Safety Program
Dear Mr c yard:
The above project has received fund authorization, effective June 23, 2006, as follows:
PHASE TOTAL STATE SHARE
Preliminary Engineering $15,625 $12,500
Construction $78,125 $62,500
Enclosed for your information and file is a fully executed copy of Highways &Local
Programs State Funding Agreement LA-6121 between the state and your agency. All
costs exceeding those shown on this agreement are the sole responsibility of your agency.
All future correspondence relating to the project is to be submitted to your Region Local
Programs Engineer, Ed Conyers, who can be reached at (206)440-4734.
Sincerely,
Stephanie Tax
Manager, Program Management
Highways & i.ocal Programs Division
� t9
ST:dk•ac
Enclosures
cc: Ed Conyers,Northwest Region Local Programs Engineer,MS NB82-121
� Washington State
�!/ Department of Transportation
Agency and Address
Highways and Local Programs City of Kent
State Funding Agreement 220 4th Avenue south
Work by Public Kent, WA 98032
Agencies
Agreement Number Maximum Amount Authorized Location and Description of Work (See also Exhibit"A")
Ili, b I Z i $75,000 00 SE 248th Street at 101st Place
Construct new curb, gutter and sidewalk along the
Participating Percentage Project Number east and west side of the roadway where they do not
80 eta currently exist.
2D This AGREEMENT is made and entered into this ZJ _ day of J u("if- 2CXJ4between
the STATE OF WASP 11NGTON,Departmcnt of Transpodat.on, acting by and through:he Secreta y of Transportation hereinafter
called the"STATE,"and the above named organization, hereinafter called the"AGENCY"
WHEREAS, the AGENCY is planning the work shown above,and in connection therewith,the AGENCY has requested financial
assistance for the project or program, and
WHEREAS,the AGENCY has requested funds for the above shown project or program,which has been selected by the STATE
for funding assistance.
NOW THEREFORE, in consideration of the terms, conditions,covenants,and performances contained herein,or attached and
incorporated and made a pad hereof,IT IS MUTUALLY AGREED AS FOLLOWS.
_Estimate of Fundinng --_
(t) (2) (3)
Type of Work I Estimated Total Estimated Agency I Estimated
I Protect Funds i Funds j State Funds
PE a.A 14,625.001 _ 2,925.00 1 11,700.00
b_ Other
c.Other _ I
d State_ _ 1,000 00 _ 20000 , _ 80000 <
e Total PE Cost Estimate a+b+c+d) 15,625 001 3,125.00 ; 12,500.00
t'
4irFf Of Way
f Anonry
g Other ------------- -----
h. Other_ _
i State_ -
- Total RAN Cost Estimate f +h+i) —
Construction k Contract 69,125.001 13,825 OD 55,300 00
-------- - --
1 Other -- -- - -- - - -- - -i-
--- - ------ ----- ------- - - -- -
m Other -
n Other f - r
o_Agency � 8,000 OO) i,600 00 t 6,40C 00
p State _ _ 1,000 00 200 00 l fi00 00
- - - -
q.Total CN Cost Estimate(k+1+m+n+o+p) ( 78,125.001 15,625.00 62 500.OD
r.Total Project Cost Estimate(e+j+q) 93,750.00 18,750.60 75,000.00
DOT Form 140-067 EF /
Revised 9100
I IV
General Legal Relations
The AGENCY agrees to perform the above described work In accordance No liability shall attach to the AGENCY or the STATE by reason of
with the Project Application attached hereto as"Exhibit A"and made a part entering into this AGREEMENT except as expressly provided herein
of this AGREEMENT.
Plans, specifications, and cost estimates shall be prepared by the V
AGENCY In accordance with the current State of Washington Standard Nondiscrimination
Specifications for Road, Bridge,and Municipal Construction and adopted
design standards,unless otherwise noted The AGENCY will incorporate The AGENCY agrees to comply with all applicable state and federal laws,
the plans and specifications into the AGENCY's project and thereafter rules, and regulations pertaining to nondiscrimination and agrees to
advertise the resulting project for bid and,assuming bids are received and require the same of all subcontractors providing services or performing
a contract is awarded,administer the contract,or if the project is of a size any work using funds provided under this AGREEMENT
which the AGENCY is authorized to perform with its own forces under the
laws of the Stale of Washington,the AGENCY may proceed with its own VI
forces
Venue
All work performed under this AGREEMENT shall comply with the For the convenience of the parties to this AGREEMENT. It is agreed that
applicable provisions of state law any claims and/or causes of action which the AGENCY has against the
Il STATE,growing out of this AGREEMENT or the project or program with
Payment which it is concerned, shall be brought only In the Superior Court for
Thurston County
The STATE,in consideration of the faithful performance of the work to be
performed by t."a AGENCY, agrees to reimburse the AGENCY for the Vll
percentage of the actual direct and related indirect cost of the work shown Termination
above, up to the"MAXIMUM AMOUNT AUTHORIZED" The agency will
comply with Governmental Accounting Auditing and Financial Reporbng The Secretary of the Department of Transportation may terminate this
Standards and applicable state law and local regulations, policies and AGREEMENT if the funding becomes unavailable or if the Secretary
procedures No payment will be made for work done prior to execution of determines that it is in the best interest of the STATE
this AGREEMENT
Partial payments shall be made by the STATE, upon request of the Vlll
AGENCY, to cover costs incurred These payments are not to be more Final Report and Final Inspection
frequent than one (1) per month It is agreed that any such partial
payment will not constitute agreement as to the appropriateness of any Within ninety (90) days following the completion of the project and
item and that,at the time of the final audit,all required adjustments will be submission of the final billing for the project, a final report and/or final
made and reflected In a final payment The AGENCY agrees to submit a inspection shall be submitted to the Assistant Secretary for Highways &
final bill to the STATE within forty-five (45) days after the AGENCY has Local Programs containing the following information
completed work
The AGENCY agrees that all costs in excess of the amount authorized and Non-Capital Protects
the AGENCY's matching funds shall be the responsibility of the AGENCY
1 A description of the protect or program.
III 2. A summary of actual costs of the project or program
Audit 3 An evaluation of the project or program This should address aspects
such as transportation and/or other benefits to the public
The AGENCY agrees that an audit may be conducted by the STATE
During the progress of the work and for a period not less than three (3) Capital Protects
years from the date of final payment to the AGENCY, the records and 1 A final inspection Is required.
accounts pertaining to the work and accounting thereof are to be kept
available for Inspection and audit by the STATE and copies of all records, IX
accounts, documents or other data Dertaininq to the orotect will be
furnished upon request If any litigation,claim,or audit Is commenced,the —rr•�••• ••-
records and accounts along with supporting documentation shall be
retained until all litigation,claim,or audit finding has been resolved even This agreement may be modified or supplemented only in writing by both
though such litigation, claim, or audit continues past the three-year parties
retention period
IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT on the day and year last written below.
AGENCY STATE
B -- -- y —
Asststant S etary for Highways and Local Programs
Title- Public Works Director
Date: Q S— C(46 Date: Jug
DOT Form 140-087 EF
PP..',!91110
Kent City Council Meeting
Date February 6, 2007
Category Consent Calendar
1. SUBJECT: ANCHOR ENVIRONMENTAL CONTRACT FOR LAKE
MERIDIAN OUTLET PROJECT — AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Anchor
Environmental, LLC, Agreement for the Lake Meridian Outlet Project in the amount
of$45,608 upon concurrence of the language therein by the City Attorney and the
Public Works Director
` 3. EXHIBITS: Public Works memorandum, Consultant services agreement and 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
DISCUSSION:
ACTION:
Council Agenda
Item No. 6P
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
•
KEN T Phone: 253-856-5500
Wn5„I„0*0„ Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
1 Date: January 18, 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: January 22, 2007
From: Mike Mactutis, Environmental Engineering Manager
Through: Larry Blanchard, Public Works Director
Subject: Anchor Environmental, LLC Contract Agreement
Motion: ■ Required ❑ Not Required ❑ For Information Only
Recommend authorization for the Mayor to sign the Anchor Environmental, LLC Contract
Agreement for the Lake Meridian Outlet Project in the amount of $45,608 upon
concurrence of the language therein by the City Attorney and Public Works Director.
Will document be required?
❑ Ordinance ❑ Resolution ❑ Agreement ■ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Background/History:
This project is included in the Green Duwamish Ecosystem Restoration Program list of projects.
Phase 1 started construction in 2006 and is currently scheduled to continue construction into 2007 -
2008. The realignment of the Lake Meridian Outlet (Cow Creek) is a complex project due to several
factors which have resulted in increased amounts of work beyond the current contract scope.
Permitting agencies have required additional analysis to potential downstream effects from this
project prior to permit issuance. The current contract is additional work required to secure the
Hydraulic Project Approval permit to complete Phase 2 work This contract also provides for
consultant inspection assistance during construction of Phases 1 and 2.
Summary:
The consultant contract agreement for Anchor Environmental LLC in the amount of $45,608 is for
additional analysis requested before permitting of the phase 2 construction can begin as well as
construction inspection assistance as needed for Phase 1 and 2.
Recommendations:
Recommend authorization for the Mayor to sign the consultant contract agreement and establish a
budget.
U IPWCummnreeUclimPage120071PWC12207abc
•
KENT
WASH I.GTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Anchor Environmental, LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Anchor Environmental, LLC organized under the laws of the State of Washington,
located and doing business at 803 Kirkland Avenue, Suite 100/PO Box 2517, Kirkland. WA 98083-2517,
Phone. (425) 827-3243/Fax: (425) 827-3509, Contact Gerald Bibee (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-
The Consultant shall provide services for hydrologic and hydraulic modeling, design revisions,
and project management/coordination services necessary to secure a permit for the Cow Creek
Relocation/Restoration Project For a detailed description, see the Scope of Work which is
attached as Exhibit A and incorporated by this reference
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I by December 31, 2007.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty
Five Thousand, Six Hundred Eight Dollars ($45,608 00) for the services described in this
Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written authorization of
the City in the form of a negotiated and executed supplemental agreement The Consultant
agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain
locked at the negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit A.
ii
B. The Consultant shall submit monthly payment invotces 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 an invoice, it shall notify the Consultant and reserves the option to only pay that
CONSULTANT SERVICES AGREEMENT- I
(Over$10,000)
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
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 performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction If the City's use of
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates 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, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to M
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24 115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
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 INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
CONSULTANT SERVICES AGREEMENT-2
(Over$10,000)
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant Consultant shall make such data, documents, and files available to the City upon the City's request
The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any other project shall be without liability or legal exposure to Consultant.
' XI. CITY'S RIGHT OF INSPECTION. Even 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 must meet the approval of the City and shall be subject to the City'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 responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to matei ials, tools,
or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
' contractors and consultants to use recycled and recyclable products whenever practicable A price preference
may be available for any designated recycled product
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
E. Assignment Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assrgmng party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement 1�
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering Into or forming a part of or altering
in any manner this Agreement All of the above documents are hereby made a part of this Agreement
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that arc now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT: '
By: By:
(signature) (vegnature)
Pnnt 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:
Gerald Bibee Larry R. Blanchard
Anchor Environmental, LLC City of Kent
PO Box 2517 220 Fourth Avenue South
Kirkland, WA 98083-2517 Kent, WA 98032
(425) 827-3243 (telephone) (253) 856-5500 (telephone)
(425) 827-3509 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
a
n
Kent Law Department
Anchor Envtommental-Cow Creek/Tan
CONSULTANT SERVICES AGREEMENT-4
(Over$10,000)
' DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all
contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of
the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determinatton regarding suspension or termination for all or part of the
Agreement;
The questions are as follows:
' 1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
' By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 200_.
By.
For:
' Title:
Date:
' EEO COMPLIANCE DOCUMENTS- I
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE January 1, 1998 '
SUBJECT. MINORITY AND WOMEN SUPERSEDES- April 1, 1996 '
CONTRACTORS APPROVED BY 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 following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
2 Actively consider for promotion and advancement available mmonties and women. '
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
farmhar with the regulations and the City's equal employment opportunity policy
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. '
EEO COMPLIANCE DOCUMENTS-2 ,
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 that the before-mentioned company was the prime contractor for the Agreement
known as that was entered into on the (date) ,
between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement
Dated this day of 200_.
By.
For:
' Title:
' Date:
1
it
v
' EEO COMPLIANCE DOCUMENTS -3
Exhibit A
Additional Phase 2 Analysis/Design Services
Cow Creek Relocation/Restoration Project
For City of Kent
Anchor Environmental Team
Revised January 15, 2007
This exhibit defines the additional professional services (beyond the previously authorized scope
or work) to be provided to the City of Kent, Public Works Department (Client) by Anchor
Environmental, L L.C. (Anchor, Prime Consultant, formerly Montgomery Water Group, Inc
prior to 9/1/06 merger) for the Cow Creek Relocation/Restoration Project, Phase 2 Design in
coordination MGS Engineering Consultants (MGS), hydrologic modeling subconsultant.
The project relocation/restoration reach extends between the Lake Meridian Outlet, west of 152nd '
Way SE, and the future Cow Creek confluence with Big Soos Creek (within the City of Kent
Lake Meridian Park and King County Gary Grant Soos Creek Park). The Phase 2 design work
includes the Lake Meridian outlet improvements extending approximately 500 feet downstream
of the lake outlet, habitat improvements in the remaining 600 feet of the existing channel zone,
approximately 2,250 feet of relocated Cow Creek channel from the point of confluence with the
existing channel to the Big Soos Creek confluence, and the wetland mitigation reach along the
existing channel corridor extending downstream to its crossing of 152nd Avenue NE. The scope
of work for the additional services is described in more detail below along with the estimated fee
for those services '
Scope of Additional Phase 2 Services
This scope of work identifies additional hydrologic and hydraulic modeling, wetland liner '
assessment, design revisions, and project management/coordination services expected to be
needed to secure a remaining permit (WDFW HPA) for the Cow Creek Relocation/Restoration
project. It also includes I muted on-call construction phase observation/reporting assistance The
responsibilities of Anchor and subconsultant (MGS) in securing the remaining WDFW HPA for
Phase 2 of the project are identified for each task below. '
Task I —Hydrologic Evaluation of Lake Meridian Outlet Improvements Effect on Big Soos
Creek '
1.1 Obtain and review the HSPF hydrologic model for the King County Big Soos Creek
Basin. Identify model input adjustments needed to integrate the Lake Meridian
subbasin and the Meridian Valley Creek subbasin HSPF (project) models into it.
Combine models and adjust model inputs (e.g ,precipitation distribution and loss
parameters) for consistency This assumes no need to update the basin plan model for ,
land cover, soils, and slope parameters (KC basin plan model is 1995 land use). This
also assumes that further model calibration will not be required
1.2 Run HSPF model simulations for existing conditions and for with project improvements
and statistically analyze results to develop recurrence interval flood flows and monthly
flow and stage (for wetlands) durations at up to eight locations (lake outlet, new and
existing channels at flow sphtter, new channel at Big Soos Creek confluence, existing
channel at Wetlands C, D, and E, and Big Soos Creek at hatchery). Also run
1 '
supplemental model simulations for alternative flow sputter and wetland mitigation
design (without liner) conditions Plot results pertinent to WDFW concerns and review
with City staff.
1.3 Prepare an additional update to the hydrologic analysis report previously prepared for
the Cow Creek project that summarizes the results of this task Forward to City staff for
review and finalize it for submittal in response to comments (assumes no further
hyrdrologic analyses will be required after the draft submittal).
1.4 Prepare a letter to address prior WDFW comments based on results on the Task 1
analysis Forward in draft form for City staff review, and finalize it for submittal in
response to comments.
Task 2-Hydraulic Evaluation of Cow Creek Flow Splitter Effects on Downstream Flow
Distribution
2.1 Review the flow splatter in the current design to define alternative flow split
opportunities Develop hydraulic rating curves for those alternative conditions (up to
two assumed) Integrate those ratings with the Task 1 hydrologic analysis to determine
downstream flow distribution effect between the existing and new channels.
2.2 Re-run HEC-RAS hydraulic models of the new and existing channels (extending
through Wetlands C through F) to determine hydraulic effects (flow depths, velocities,
scour potential) of re-distribution of Lake Meridian outlet and tributary downstream
runoff contributions. Tabulate and plot results pertinent to WDFW concerns and review
with City staff
2.3 Research the availability of the Big Soos Creek (FEMA) hydraulic model and determine
the need to run alternative simulations to demonstrate the effects of changing recurrence
interval flood flows (with changes in flow splits) on the creek hydraulics including
floodplain elevations and velocities. Re-run of Big Soos Creek hydraulic model
simulations is not included, but could be added by supplement as requested.
2.4 Prepare a technical memorandum to summarize the supplemental hydraulic analysis
results completed with this task. Forward to City staff for review and finalize it for
submittal in response to comments (assumes no further hydraulic analysis will be
required after the draft submittal).
Task 3—Re-evaluate Wetland Restoration Area Liner Needs and Design Implications
3.1 Meet with City and Department of Ecology staff and review the implications of
eliminating the Wetlands C through F (or some portion of) soil-bentomte liner on
project mitigation needs If this appears to be possible without resulting in
supplemental wetland mitigation needs, evaluate the design revisions required to
achieve this modification and advise City staff accordingly Results of this task will
affect Task I hydrologic analysis, so it should be completed prior to completion of the
updated hydrologic analysis. No further surface or groundwater analysts is included
with this task.
2
Task 4— Update Design Drawings, Specifications, and Construction Cost Estimate (PS&E) '
for Requested Design Changes
4.1 Meet with the City to review potential design revision needs resulting from Tasks 1
through 3 Recommend design revision needs to the 100% design drawings,
specifications, and construction cost estimates (PS&E)
4.2 Make agreed-to PS&E design change revisions and submit to the City (for distribution
to the Corps of Engineers and WDFW) for review. Make final revisions in response to
City, Corps, and WDFW comments on design revisions This task budget represents a
design revision allowance based on the assumption that up to four sheets of design
drawings, specifications and quantity/cost estimates will need to be modified.
Additional requested design revisions may require supplemental budget allowance.
4.3 Review a separate utilities relocation design drawing package for the Lake Meridian
Park outlet improvements as developed by City staff including the required sanitary
sewer and water main relocations as included in the current version of the design
documents Anchor staff will provide review and comment on the existing sewer utility
relocation drawing changes along with a new separate water/sewer utility
drawings/specifications package provided by the City. Recommended and/or required
revisions will be highlighted and a final version of the sewer relocation drawings will be
stamped (along with other Anchor-generated drawings) after verification of changes
made by City staff. It is assumed that the water main relocation plan and detail sheets
will be as provided(or modified by) and stamped by Roth Hill Consulting Engineers
under separate agreement with the City. ,
Task 5—On-call Construction Phase Observation and Reporting
5.1 Provide construction phase observation and reporting to the City staff based on up to '
four one-half day City-requested site visits. Complete field observation reports for
submittal to the City incorporating documentation of field conditions and '
recommendations to maintain conformance with the design documents intent and
details. The scope of the construction phase services will be limited by the assigned
task budget. ,
Task 6—Project Management,Meetings, and Coordination
6.1 Coordinate with City project team staff and internal project team staff for successful
completion of assigned task services This will include coordination (as limited by the
assigned budget) during the construction phase associated with on-call construction ,
observation/reporting services.
6.2 Beyond meetings identified in Tasks 3 and 4 above, prepare for and attend one meeting
with WDFW representatives to discuss responses to their concerns needed to achieve ,
HPA permit issue for second phase construction (new channel and wetland mitigation)
6.3 Complete QA/QC review of design revisions prrbrl o final products submittal.
3 ,
Deliverable Products
The deliverable products (three copies plus applicable electronic files unless otherwise noted) to
be submitted for this supplemental work includes.
1. An updated hydrologic analysis report (from report developed with prior analyses) as the
product of Task 1 services.
2. A supplemental hydraulic analysis technical memorandum (including updated hydraulic
model) to summarize the results of Task 2 services.
3. Recommendations regarding changes to wetland restoration area liner (if any) as the
product of Task 3 services
4. Updated P S &E documents including design drawings/specification/construction cost
estimate associated with agreed-to design revisions along with a separate utilities
' relocation design drawing package prepared by City staff (water drawings assumed
prepared and stamped by Roth Hill) as the products of Task 4 services
5. Construction phase field reports (up to four assumed) and recommendations based on on-
call construction observation conducted at the City's request (as limited by the assigned
task budget) as the product of Task 5 services.
6. Monthly invoices, status reports, cost spreadsheets, document review comments, and
1 meeting agendas as the product of Task 6 services.
Fee Estimate
' The attached Fee Estimate Table summarizes the combined Anchor and subconsultant (MGS
Engineering Consultants) fee estimate to complete the additional services and deliverable
' products as described above. Invoicing will be based on a time and reimbursable expense basis
in accordance with the project team's current billing rates (reduced from standard rates) as
shown in Attachment A, Fee Estimate Table. A 5 percent service charge will apply to
subconsultant services and to Anchor and subconsultant reimbursable expenses The estimated
maximum fee of $45,600 for these services will not be exceeded without City of Kent
authorization as may be associated with agreed-to changes in work scope or products.
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EXHIBIT B
' INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
1 Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below•
L Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations, personal injury and
advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be
no endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with respect to
the work performed for the City using ISO additional insured endorsement
CG 20 10 1185 or a substitute endorsement providing equivalent coverage.
' 2. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
3. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $1,000,000 general aggregate and a
$1,000,000 products-completed operations aggregate limit
2. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
EXHIBIT B (Continued) ,
C. Other Insurance Provisions '
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability insurance•
1. The Contractor's insurance coverage shall be primary insurance as respect the
City Any Insurance, self-insurance, or insurance pool coverage maintained
by the City shall be excess of the Contractor's insurance and shall not
contribute with it.
2 The Contractor's insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written nonce
by certified mail, return receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf of
the contractor and a copy of the endorsement naming the City as additional
insured shall be attached to the Certificate of Insurance. The City reserves
the right to receive a certified copy of all required insurance policies The
Contractor's Commercial General Liability insurance shall also contain a
clause stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the limits of
the insurer's liability.
D. Acceptability of Insurers '
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
ANII
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory ,
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before ,
commencement of the work.
F. Subcontractors '
Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor All coverages for '
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Contractor.
Kent City Council Meeting
Date February 6, 2007
Category Consent Calendar
1 1. SUBJECT: MILL CREEK CULVERT AT CHANDLERS BAY
APARTMENTS — ACCEPT AS COMPLETE
2. SUMMARY STATEMENT: Accept the Mill Creek Culvert at Chandlers Bay
Apartments as complete and release retainage to Taggart Construction Inc upon receipt
of standard releases from the state and release of any liens The original contract
amount was $29,893.12. The final contract amount was $227,382 04.
r3. EXHIBITS: None
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure9 X Revenue?
ICurrently 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. 6Q
Kent City Council Meeting
Date February 6, 2007
1 Category Consent Calendar
1. SUBJECT: HOMELAND SECURITY SUB-GRANT AGREEMENT—
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Homeland Security Sub-
grant Agreement between the City and King County Office of Emergency Management.
City of Kent Emergency Management has received a reimbursable sub-grant, not to exceed
$28,000, to conduct a Planning Section Training class for all King County Zone 3 agencies
This will enable all agencies, within Zone 3, to become compliant with Homeland Security
Presidential Directive— 5. The training has been scheduled for February 12-17, 2007 at fire
station #73, 26512 Military Road So
This training will address the issue of common response within the Zone Currently there is
no cooperative plan or procedure in the Zone response to events Zone Emergency Managers
and other first responders will be provided a common base to work from in their regional
response efforts for major or widespread events.
3. EXHIBITS: Scope of Work Statement and King County Office of Emergency
Management Homeland Security Sub-grant Agreement
1 4. RECOMMENDED BY: Operations Committee 2/6/07 and Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expendtture9 not to exceed $28,000 Revenue? reimbursable grant not to
' exceed $28,000
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund V0019.6XXXX 2150 Amount not to exceed $28,000
Unbudgeted Revenue: Fund V0019 53322 2150 Amount not to exceed $28,000
' 6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
1 DISCUSSION:
ACTION:
Council Agenda
Item No 6R
' King Y Count Zone 3
Plans Section Training
Scope of Work Statement
1. Provide a detailed description of your project (wholwhatlwhere/whenlwhylhow):
The Planning Section Training class will be held over 6 days from February 12 -17,
2007 This training will be held at station 73 a Kent(WA) Fire Department facility
located at, 26512 Military Road South, Kent WA. As a description of the course a
copy of the proposal from Richard J. Andruig, Partner of Wiland Associates LLC is
provided as an attachment
t2. What is the purpose of the project?
This training will provide 42 hours of Planning Section Training This will include
Planning Section Chief, Situation Unit Leader and, Resource Units Leader. Topics
include information gathering, strategies, meetings and briefings, incident action plan,
interactions, forms, documents, supplies and demobilization.
Additionally, the training will provide an opportunity for Zone 3 agencies to work
together in an cooperative environment to further enhance the local planning efforts.
This training is a key step in the on-going efforts to create a cohesive and
comprehensive response to terrorist or natural disaster situations.
3. What problem does the project solve?
This training will address the issue of common response within the Zone. Currently
1 there is no cooperative plan or procedure in the Zone response to events. This
training will provide common and nationally accepted procedures, techniques and
terminology in disaster response Zone Emergency Managers and other first
responders will be provided a common base to work from in their regional response
efforts for major or widespread events.
4. How does the project enhance locallregional homeland security and preparedness
for CBRNE/Terrorist/WMD incidents?
This training will enable the King County Zone 3 agencies to become compliant with
Homeland Security Presidential Directive—5. Also it will enhance their ability to
manage natural and manmade disasters, respond to and mitigate possible terrorist
attacks, develop Incident Management Teams using current National Training
Standards and testing their management capabilities through the use of customized
scenarios and simulations that follow Homeland Security Exercise Evaluation
Program guidelines
S. What major activities need to be completed to finish the project? If the project will
be implemented in phases, identify this clearly.
The project is self contained and will be delivered as a complete package The
proposal, attached, provides the necessary items to complete the training to include
dates, course content, course activities and costs
6. What are the tangible results and/or deliverables of the project?
The result will be a cadre of Zone responders and Emergency Managers that will be
trained in a common and nationally accepted format The participants will be
positioned to share this training with other emergency providers to ensure the widest
review of the particulars and principles that the training will provide The training
will be part of the concerted and cooperative effort to raise the ability and capabilities
of Zone responders.
Additionally, the Zone as a result of the training, will be better positioned to continue
the development and enhancement of the knowledge, Skills and abilities of
responders. With the common training base the development of comprehensive
procedures and policies will be supported and accepted Zone wide
Wiland Associates LLC
1651 Collins Road
Selah, Washington 98942
509-728-3507
December 2, 2006
Proposal for the City of Kent
NIMS — ICS Planning Section Training;
Wiland Associates LLC is pleased to provide the following proposal in response to your
request for Planning Section Training
Wiland Associates LLC
Wiland Associates LLC provides a wide range of services that enable communities to
become compliant with Homeland Security Presidential Directive — 5, while enhancing
their ability to manage natural and manmade disasters, develop Incident Management
Teams using current National Training Standards and testing their management
capabilities through the use of customized scenarios and simulations that follow
Homeland Security Exercise Evaluation Program guidelines
This past year Wiland Associates LLC has provided training and consulting services
literally from one end of our country to the other and has included.
Washington DC Fire & EMS Minneapolis, MN UASI Region
Dakota County, MN Pierce County, WA
Thurston County. WA IMT Washington State Patrol Type III IMT
Atlanta Fire & Rescue, GA WA State Homeland Security Region 9
North Slope Borough, AK Seattle Fire & Police Departments
United States Fire Administration National Fire Academy
Dynamic Animation System, Inc Human Technology, Inc
1 Olympia Fire Department, WA State of Alaska
NW Washington IMT King County Region IMT
Hartsfield International Airport International Association of Fire Chiefs
Proposal
Provide 42 hours of Planning Section Training to include• Planning Section
Chief, Situation Unit Leader and, Resource Units Leader. Topics include information
gathering, strategies, meetings and briefings, incident action plan, interactions, forms,
documents, supplies and demobilization
Training to take place February 12`h thru 17`h, 2007
Course Cost: $24,751.00
Wiland Associates LLC shall provide a cadre of instructors currently qualified as
National Type I or It Planning Section Chiefs to deliver the proposed training. In
Addition it will be Wiland Associates LLC responsibility to provide for the modification
of curriculum, flights, hotel, rental vehicle, per diem, student manuals, wall displays,
forms, and misc student materials
Our proposal does not cover such costs as student meals, classroom rental, backfill and/or
wages.
Training Goal
The goal of Planning Section Training is to prepare personal to perform the roles within i
the ICS planning function within an all risk environment This is accomplished by
developing the skills needed to apply the NIMS—ICS planning concepts on target hazard
incidents, such as fires, Haz-mat incidents, collapses, Wildland incidents, and natural
disaster situations.
Presentation
Presentation of the NIMS —ICS Planning Section will be comprised of lecture and
activities in various modules that allow students an opportunity to apply functional
elements of the ICS to a wide variety of large and complex emergency incidents.
Course Schedule
Planning Section Series
Course Coordinator—Richard J. Andring
Date Assigned Instructors Curriculum Details
Rich Wands— Introduction Introduction
02/12/07 Buck Latapie— Lead 08 00— 18 30
Rich Wands—Support
Situation Unit Leader
02/13/07 Buck Latapie— Lead Situation Unit Leader 08 00— 18 30
Rich Wands—Support
02/14/07 Rich Wands— Lead Resource Unit Leader 08 00— 18 30
Cindy Usher— Support
Rich Wands— Lead
02/15/07 Resource Unit Leader 08 00 — 18 30
Cindy Usher— Su port
02/16/07 Rich Wands— Lead Planning Section Chief 08 00— 18 30
Cindy Usher— Su port
02/17/07 Rich Wands— Lead Planning Section Chief 08 00— 18 30
Cindy Usher—Support
02/17/07 Rich Wands Course Conclusion
Prerequisites
❑ The students must have successfully completed the following.
✓ ICS-100, ICS-200, and ICS-800
❑ The student should possess a working knowledge of the Incident Command
System (ICS) and its application to large-scale complex incidents.
❑ They must possess a working know ledge of strategy and tactics for large-scale
and complex emergency incidents.
Students will be evaluated during each of the activities. Students will also be required to
take an end-of-course examination
' If at all possible class size should be limited to between 28 and 32 students.
1 If you have additional questions please call (509) 728-3507 or(509) 697-9773
Sincerely,
Richard J. Andring, Partner
Wiland Associates LLC
Subgrant Agreement Contract# - FFY05-SHSP-035
King County Office of Emergency Management
HOMELAND SECURITY SUBGRANT AGREEMENT
PROJECT TITLE: Incident Command System (/CS)Planning Section Training
' THIS AGREEMENT is made and entered into by and between King County and the City of
Kent Fire Department, hereinafter "Subgrantee", for the express purposes set forth in the
following provisions of this Agreement.
It is understood that funding for this Agreement has been granted to King County by the
United States Department of Homeland Security (DHS) through the Washington State Military
Department, Emergency Management Division (EMD) The funding source of the grant is the
FFY05 State Homeland Security Grant Program, Catalog of Federal Domestic Assistance
(CFDA) # 97.067,, State Contract# E06-014.
Neither the DHS nor the Federal Government shall be a party to any subagreement nor to
any solicitations or request for proposals This Agreement shall be subject to the
applicable grant contract between DHS and EMD and the subgrant contract between EMD
and King County The Subgrantee agrees not to perform any act, fail to perform any act,
or refuse to comply with any King County requests that would cause King County to be in
violation of the DHS and EMD grant terms and conditions, a copy of which is attached
hereto as Exhibit D
NOW THEREFORE, King County and the Subgrantee mutually agree as follows:
1. SCOPE OF WORK AND BUDGET
The Subgrantee will accomplish the work and tasks as set forth in this Agreement and the
Scope of Work, Project Timeline, and Deliverables (attached hereto as Exhibit A) and Budget
1 (Exhibit C).
2. PERIOD OF PERFORMANCE
Subject to other Agreement provisions, the period of performance under this Agreement will
be from January 1, 2007to February26, 2007 All work must be satisfactorily completed, and
all invoices, reports, and deliverables must be submitted, by the end of this Period of
Performance.
3. CONTRACT REPRESENTATIVES
King County's Project Manager on this Agreement shall be Alec Chapman, Project Manager
//, King County Office of Emergency Management The Project Manager shall be responsible
for monitoring the performance of the Subgrantee, the apprpval of actions by the Subgrantee,
approval for payment of billings and expenses submitted by the Subgrantee, and the
acceptance of any reports by the Subgrantee
Page 1 of 16
Subgrant Agreement Contract# - FFY05-SHSP-035 '
The Subgrantee's representative to this Agreement shall be Dominic V. Marzano, Assistant '
Chief, City of Kent Fire Department, who will be the contact person for all communications
regarding the conduct of work under this Agreement and who will ensure that all terms of the
Agreement are met.
Any notice required or permitted under this Agreement shall be deemed sufficiently given or
served if sent to King County or the Subgrantee at the addresses provided on the next page.
If to King County.
Alec Chapman
King County Office of Emergency Management
3511 NE 2 d Street
Renton, WA 98056 ,
(206) 296-3830
alec chapman(cr�metrokc qov
If to the Subgrantee
Assistant Chief Dominic V. Marzano
City of Kent Fire Department
24611 116th Ave SE ,
Kent, WA 98030
(253) 856-4316
DMarzano(@ci kent wa us
4. REIMBURSEMENT REQUESTS AND PAYMENT
This is a reimbursement contract not to exceed $28,000.00 (Twenty eight thousand dollars
andzero cents)with compensation payable to the Subgrantee for satisfactory performance of
the work under this Agreement Payment for satisfactory performance of the work shall not
exceed this amount unless the parties mutually agree in writing to a higher amount prior to the
commencement of any work which will cause the maximum payment to be exceeded
Compensation for satisfactory work performance shall be payable upon receipt of properly
completed Invoice and Progress Report forms, which will be provided to the Subgrantee
subsequent to execution of this Agreement Invoices for eligible costs incurred to date may
be submitted monthly or quarterly Supporting documentation is required for reimbursement
of all expenses related to the Scope of Work and Budget in Exhibits A and B Supporting
documentation includes, but is not limited to, paid invoices to vendors, paid expense claim
forms, canceled checks, etc The documentation must also include the date of payment by ,
the Subgrantee to ensure that the work was completed within the subgrant period of
performance. King County may also require the Subgrantee to document that funding
Page 2 of 16
Subgrant Agreement Contract# - FFY05-SHSP-035
governed by this Agreement is not being used to replace or supplant existing programs, staff
costs, activities and/or equipment.
Payment shall be considered timely if mailed by King County to the Subgrantee within thirty
(30) calendar days after receipt of properly completed invoices Payment shall be sent to the
address designated by the Subgrantee on the invoice form. King County may, at its sole
I discretion, withhold payments claimed by the Subgrantee for services rendered if King County
has determined that the Subgrantee has failed to satisfactorily comply with any term or
condition of this Agreement
King County does not incur liability for any payment to the Subgrantee that is subsequently
disallowed by State or Federal granting agencies King County reserves the right to withhold
or recoup payment for work or activities determined by funding agencies to be ineligible for
reimbursement.
5. REPORTING REQUIREMENTS
Each request for reimbursement, whether submitted monthly or quarterly, will be
accompanied by a narrative progress report Reports must include the Subgrantee's
progress in implementing the scope of work, including any problems encountered and
possible cost overruns or under runs.
6. RECORDS MAINTENANCE
The Subgrantee shall maintain accounts and records, including personnel, financial, and
programmatic records, and other such records as may be deemed necessary by King County,
to ensure proper accounting for all project funds and compliance with this Agreement. All
such records shall sufficiently and properly reflect all direct and indirect costs of any nature
expended and service provided in the performance of this Agreement These records shall
be maintained for a period of six (6) years after subgrant close-out, and shall be subject to
inspection, review or audit by King County and/or by State or Federal officials as so
1 authorized by law
7. COMPLIANCE WITH APPLICABLE LAWS
The Subgrantee shall be responsible for following all applicable Federal, State and local laws,
ordinances, rules and regulations in the performance of work described herein New federal
laws, regulations, policies and administrative practices may be established after the date this
Agreement is established and may apply to this Agreement. To achieve compliance with
changing federal requirements, the Subgrantee agrees to accept all changed requirements that
apply to this Agreement and to require compliance with changed requirements in all
I subcontracts Failure to comply shall constitute a material breach of this Agreement.
The Subgrantee and all subcontractors shall comply with and DHS is not responsible for
determining compliance with, any and all applicable federal state and local laws regulations
and/or policies This obligation includes but is not limited to laws regulations and polices
listed in this section and in Exhibit D
OMB Circulars
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Subgrant Agreement Contract# - FFY05-SHSP-035
The Subgrantee shall comply with OMB Circular A-87, Cost Principles for State, Local, and
Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and
Local Governments, and A-133, Audits of States, Local Governments, and Non-Profit
Organizations
Singe Audit Act
Non-federal entities receiving financial assistance of $500,000 or more in Federal funds from
all sources, direct and indirect, are required to have a single or a program-specific audit
conducted in accordance with the U S Office of Management and Budget (OMB) (Revised
June 27, 2003) Circular A-133-Audits of States, Local Governments, and Non-Profit
Organizations Non-federal entities that spend less than $500,000 a year in Federal awards
are exempt from Federal audit requirements for that year, except as noted in Circular No A-
133
Entities required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the
Revised Yellow Book) developed by the Comptroller General and the OMB Compliance
Supplement.
The Subgrantee has the responsibility of notifying the State Auditor's Office and requesting
an audit, if required
The Subgrantee shall maintain its records and accounts so as to facilitate the audit ,
requirement and shall ensure that any subrecipients or subcontractors also maintain auditable
records
The Subgrantee must send a letter stating there has been a single audit completed and there
were no findings or if there were findings, the letter should provide a list of the findings In
addition to sending a copy of the audit, the Subgrantee must include a corrective action plan
for any audit findings and a copy of the management letter if one was received.
The Subgrantee must send this letter to King County no later than nine (9) months after the
end of the Subgrantee's fiscal year(s)
The Subgrantee shall include the above audit requirements in any subcontracts
Certification Regarding Debarment, Suspension, or Ineligibility
If Federal funds are the basis for this contract, the Subgrantee certifies that neither it nor its ,
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in transactions by any Federal department or agency.
By signing and submitting this Agreement, the Subgrantee is providing the signed certification
set out below. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into If it is later determined that the
Subgrantee knowingly rendered an erroneous certification, the Federal Government and
County may pursue available remedies, including suspension and/or debarment
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Subgrant Agreement Contract# - FFY05-SHSP-035
The Subgrantee shall provide immediate written notice to King County if at any time the
Subgrantee learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances
The terms "covered transaction," "debarred," "suspended," "ineligible," 'lower tier covered
transaction," "participant," "persons," 'lower tier covered transaction," "principal," "proposal,"
I and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 291
The Subgrantee agrees by signing this Agreement that it shall not knowingly enter into any
Z covered transaction with a person or subcontractor who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized in writing by King County
The Subgrantee shall include the requirement in this section in any subcontracts
8. AMENDMENTS
This Agreement may be amended only by written concurrence of both parties Amendments
to Scope of Work will only be approved if the proposed amendment is consistent with State
and Federal granting agency rules Up to ten percent (10%) of the total award amount may
be shifted between approved budget object codes as contained in Exhibit B For amounts
over ten percent (10%), the Subgrantee must submit a written budget amendment request for
approval. Such requests will only be approved if the proposed change(s) is (are) consistent
with and/or achieve(s) the goals stated in the Scope of Work and falls within the grant
requirements
9. TERMINATION
This Agreement may be terminated by King County, in whole or in part, for convenience
without cause prior to the end of the Period of Performance, upon thirty (30) calendar days
advance written notice
' This Agreement may be terminated by either party, in whole or in part, for cause prior to the
end of the Period of Performance, upon thirty (30) calendar days advance written notice
Reasons for termination for cause may include but not be limited to. material issues of
nonperformance misuse of funds, and/or failure to provide grant-related invoices, reports, or
any requested documentation
' If the Agreement is terminated as provided above, King County will be liable only for payment
in accordance with the terms of this Agreement for satisfactory work completed prior to the
effective date of termination. The Subgrantee shall be released from any obligation to
provide further services pursuant to this Agreement.
Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Agreement or law that either party may have in the event that the obligations, terms and
conditions set forth in this Agreement are breached by the other party
Page 5 of 16
Subgrant Agreement Contract# - FFY05-SHSP-035
Funding under this Contract beyond the current appropriation year is conditional upon ,
appropriation by the County Council of sufficient funds to support the activities described in
this Contract Should such an appropriation not be approved, this contract will terminate at
the close of the current appropriation year
10. HOLD HARMLESS AND INDEMNIFICATION
The Subgrantee shall protect, indemnify and hold harmless King County, its officers, officials,
agents, and employees from and against any and all claims, costs, and/or issues whatsoever
occurring from any and all actions by the Subgrantee and/or its subcontractors pursuant to
this Agreement The Subgrantee shall defend at its own expense any and all claims,
demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter
"claims") brought against King County arising out of or incident to the Subgrantee's execution
of, performance of or failure to perform this Agreement Claims shall include but not be
limited to assertions that the use or transfer of any software, book, document, report, film,
tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an
infringement of any copyright, patent, trademark, trade name, and/or otherwise results in
unfair trade practice
In the event the County incurs attorney fees and/or costs in the defense of claims within the
scope of the paragraph above, such attorney fees and costs shall be recoverable from the
Subgrantee. In addition King County shall be entitled to recover from the Subgrantee its
attorney fees, and costs incurred to enforce the provisions of this section.
11. INSURANCE
Subgrantee shall provide and maintain and shall cause its subcontractors to provide and
maintain Commercial General Liability in the minimum amount of $1,000,000 per occurrence
and $ 2,000,000 in the aggregate King County, its officers, officials, agents and employees
shall be named as additional insureds
If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-
insured for any of the above insurance requirements, a certification of self-insurance shall be
attached hereto and be incorporated by reference and shall constitute compliance with this
section
12. ENTIRE CONTRACT/WAIVER OF DEFAULT
This Agreement is the complete expression of the agreement of King County and the '
Subgrantee hereto, and any oral or written representations or understandings not
incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver
of any subsequent default. Waiver of breach of any provision of this Agreement shall not be j
deemed to be waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of this Agreement unless stated to be such through written approval
by King County, which shall be attached to the original Agreement
13. SEVERABILITY
Page 6 of 16
Subgrant Agreement Contract# - FFY05-SHSP-035
If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason,
found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Agreement
14. APPROVAL
This Agreement shall be subject to the written approval of King County's authorized
lrepresentative and shall not be binding until so approved
THIS AGREEMENT, consisting of 7 pages and 4 exhibits, is executed by the persons signing
below who warrant and represent that they have the authority to execute the Agreement
IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth
below
CITY OF KENT KING COUNTY OFFICE OF
i FIRE DEPARTMENT EMERGENCY MANAGEMENT
BY BY
Suzette Cooke, Mayor Eric E. Holdeman, Director
Date Date
Page 7 of 16
Subgrant Agreement Contract# - FFY05-SHSP-035
Exhibit A
ProjectScope of Work - Description
Pro'ect Title: Incident Command System (ICS)- Planning Section Training I
Using Appendix A of FY05 HSGP-Program Guidelines &Application Kit, identify the allowable costs that ,
best represent this protect
Allowable expense under the Grants and Training Guideline - Training and Supplies
Using Washington State Homeland Security Strategy, identify one Goal & Objective that
best represents this protect. Then, using Region 6 Homeland Security Strategic Plan,
Identify one Goal & Objective that best represents this project
Washington State Homeland Security Strategy - Goal 5 (Emergency
Preparedness/Response - Education & Training) To Improve statewide emergency
preparedness and readiness OBJECTIVE. Trained 15 Train emergency responders to
nationally recognized standards (5 1)
Region 6 Homeland Security Strategy - Theme 1, Section F subset 2 - NIMS/ICS training
opportunities
Describe your project using a maximum of two pages -
Provide a detailed description of your project.
The Planning Section Training will be held over 6 days from February 12 -17, 2007 This
training will be held at Station 73 of the Kent Fire Department The training will provide 42
hours of Planning Section Training to include Planning Section Chief, Situation Unit Leader
and, Resource Units Leader Topics include information gathering, strategies, meetings and
briefings, incident action plan, interactions, forms, documents, supplies and demobilization
The goal of Planning Section Training is to prepare personal to perform the roles within the
ICS planning function within an all risk environment This is accomplished by developing the
skills needed to apply the NIMS - ICS planning concepts on target hazard incidents, such as
fires, Haz-mat incidents, collapses, wildland incidents, terrorism and natural disaster
situations. Presentation of the NIMS - ICS Planning Section will be comprised of lecture and
activities in various modules that allow students an opportunity to apply functional elements
of the ICS to a wide variety of large and complex emergency incidents.
What is the purpose of the project?
The purpose of this project is to further develop Zone 3's ability to implement and utilize ICS.
Additionally, the training will provide an opportunity for Zone 3 agencies to work together in a
cooperative environment to further enhance the local planning efforts This training is a key
step in the on-going efforts to create a cohesive and comprehensive response to terrorist or
natural disaster situations
Page 8 of 16
Subgrant Agreement Contract# - FFY05-SHSP-035
What problem does the project solve?
This training will address the issue of common response within the Zone Currently there is
no cooperative plan or procedure in the Zone response to events. This training will provide
common and nationally accepted procedures, techniques and terminology in disaster
response Zone Emergency Managers and other first responders will be provided a common
base to work from in their regional response efforts for major or widespread events
How does the project enhance local/regional homeland security and preparedness for
CBRNE/Terrorist/WMD incidents?
This training will enable the King County Zone 3 agencies to become compliant with
Homeland Security Presidential Directive — 5 Also it will enhance their ability to manage
natural and manmade disasters, respond to and mitigate possible terrorist attacks, develop
Incident Management Teams using current National Training Standards and testing their
management capabilities through the use of customized scenarios and simulations that follow
Homeland Security Exercise Evaluation Program guidelines (HSEEP).
What major activities need to be completed to finish the project?
The project is self contained and will be delivered as a complete package.
What are the tangible results and/or deliverables of the project?
The result will be a cadre of Zone responders and Emergency Managers that will be trained
in a common and nationally accepted format The participants will be positioned to share this
training with other emergency providers to ensure the widest review of the particulars and
principles that the training will provide. The training will be part of the concerted and
cooperative effort to raise the ability and capabilities of Zone responders.
Additionally, the Zone as a result of the training will be better positioned to continue the
development and enhancement of the knowledge, skills and abilities of responders With the
I common training base, the development of comprehensive procedures and policies will be
supported and accepted Zone wide
Project Timeline
Activity Estimated Completion Date
ucbhr a i •==.�nA&".1Att#tti 4
Initiate Subgrant Contract , ; January 15, 2007
Contract with Wland Associates LLC i Late January 2007
Conduct Planning Section Training 0 February 12 -17, 2007
ir Submit final reimbursement request to King County and
February February 26, 2007
Narrative Report
'xr rniuliinawak i
Subgrant Agreement Contract# - FFY05-SHSP-035
Exhibit B
Budget
#l-Vir,j,x t,Aeyt 7E: ibis is a 7°ct(F7GUfsr"�de?t'?7f i'fc`? i
Item Description — -Budget Category— -
Planning Training Exercise Equipment
Salaries & Benefits
(not for payment of ,
overtime)
Overtime/Backfdl
i Equipment
Travel & Per Diem
k
Goods & Services Please"
��
Specify $3,249 00 G
Supplies (Materials and
snacks)
Consultant Fees $24,751 00
Other Costs-Please
Specify
_
Total Amount Per '$ 0.00 $28,000.00 $ 0.00 $ 0.00
Budget Category
GRAND TOTAL $Zg 000.00
(NOT TO EXCEED Project Cost or Award Amount)
1� 11-1 11H,14WI �'i «w.,�yyiiiiiNH9iiti wstiiiiiileVYt(bh4A KII+II14 k 11b
10% of total award amount maybe shifted between approved budget object codes
Final signed invoice voucher to be submitted with final performance report & deliverables- Invoices not to
exceed total amount of contract award ,
Page 10 of 16
rSubgrant Agreement Contract# - FFY05-SHSP-035
Exhibit C
Equipment Budget Detail
This project does not require the purchase of equipment
1
i
t
1
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Page 11 of 16
Subgrant Agreement Contract# - FFY05-SHSP-035
Exhibit D
Compliance With Applicable Laws and Grant Requirements
D-1 Equal Employment Opportunity
During the performance of this Subgrant, the Subgrantee shall comply with all federal and state
nondiscrimination statutes and regulations These requirements include, but are not limited to.
a Nondiscrimination in Employment: The Subgrantee shall not discriminate against
any employee or applicant for employment because of race, color, sex, religion,
national origin, creed, marital status, age, Vietnam era or disabled veterans
status, or the presence of any sensory, mental, or physical handicap This
requirement does not apply, however, to a religious corporation, association,
educational institution or society with respect to the employment of individuals of a
particular religion to perform work connected with the carrying on by such
corporation, association, educational institution or society of its activities
b. The Subgrantee shall take affirmative action to ensure that employees are
employed and treated during employment without discrimination because of their
race, color, religion, national origin, creed, marital status, age, Vietnam era or
disabled veterans status, or the presence of any sensory, mental, or physical
handicap Such action shall include, but not be limited to, the following
Employment, upgrading, demotion, or transfer, recruitment, or recruitment
selection for training, including apprenticeships and volunteers.
Ref: Executive Order 11246, as amended by Executive Order 11375, Title VII of the Civil Rights Act,
as amended, 42 USC § 2000e, section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 USC § 623, section 102 of the Americans with Disabilities Act, as amended, 42 USC
§§ 12101 et seq , 29 CFR Part 1630, 41 CFR§ 60-1 4.
D-2 Non-Discrimination
During the performance of this Agreement, neither the Subgrantee nor any party subcontracting
under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion,
nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or
physical handicap in the employment or application for employment or in the administration or
delivery of or access to services or any other benefits under this Agreement as defined by King
County Code, Chapter 12 16
During the performance of this Agreement, neither the Subgrantee nor any party subcontracting '
under the authority of this Agreement shall engage in unfair employment practices as defined
by King County Code, Chapter 12 17 or 12 18
The Subgrantee shall comply fully with all applicable Federal, State and local laws, ordinances,
executive orders and regulations that prohibit such discrimination. These laws include, but are
not limited to, RCW Chapter 49 60 and Titles VI and VI of the Civil Rights Act of 1964
During the performance of this Agreement, the Subgrantee, for itself, its assignees and
successors-in-interest agrees as follows
A Nondiscrimination
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Subgrant Agreement Contract# - FFY05-SHSP-035
The Subgrantee, with regard to the work performed by it during the Agreement, shall not
discriminate on the grounds of race, color, creed, gender, disability, age or national origin
in the selection and retention of subcontractors The Subgrantee shall not participate
either directly or indirectly in the discrimination prohibited by Section 21 5 of the
Regulations, including employment practices when the Agreement covers a program set
forth in Appendix B of the Regulations
Ref 20 USC §§ 1681 et seq, Age Discrimination Act of 1975, as amended, 42 USC §§ 6101 et seq,
Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, Americans with Disabilities Act of
1990 (ADA), as amended, 42 USC §§ 12101 et seq
B. Solicitations for Subcontracts Including Procurements of Materials and Equipment
In all solicitations either by competitive proposal or negotiation made by the Subgrantee for
work to be performed under a subcontract each potential subcontractor or supplier shall be
notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the
regulations relative to nondiscrimination on the grounds of race, color, creed, gender,
disability, age or national origin
C Information and Reports
The Subgrantee shall provide all information and reports required by the regulations or
directives issued pursuant thereto and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined to be pertinent to
ascertain compliance with such regulations, orders and instructions The Subgrantee shall
maintain all required records for at least six (6) years after King County makes final
payment and all other pending matters are closed.
D Incorporation of Provisions
The Subgrantee shall include the provisions of paragraphs A through D of this section in
every subcontract, unless exempt by the regulations or directives issued pursuant thereto
The Subgrantee shall take such action with respect to any subcontract or procurement as
King County or DHS may direct as a means of enforcing such provisions, including
sanctions for noncompliance Provided, however, that, in the event the Subgrantee
becomes involved in or is threatened with litigation with a subcontractor or supplier as a
result of such direction, the Subgrantee may request King County to enter into such
litigation to protect the interests of the County, and in addition, the Subgrantee may
request the Federal Government to enter into such litigation to protect the interests of the
United States
D-3 Americans With Disabilities Act
In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U S C §
12112, the Contractor shall comply with the requirements of U S Equal Employment
Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act," 29 C F R Part 1630, pertaining to employment of persons with
disabilities.
The Subgrantee is required to comply with all applicable requirements of the Americans with
Disabilities Act of 1990 (ADA), 42 USC §§ 12101, et seq., Section 504 of the Rehabilitation Act of
1973, as amended, 29 USC § 794, and, and the following regulations and any amendments
thereto
Page 13 of 16
Subgrant Agreement Contract# - FFY05-SHSP-035
A. U S. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of
Disability in State and Local Government Services," 28 CFR Part 35,
B U S Department of Justice regulations, "Nondiscrimination on the Basis of Disability by
Public Accommodations and in Commercial Facilities," 28 CFR Part 36,
C. U S General Services Administration regulations, "Construction and Alteration of Public
Buildings," 41 CFR Subpart 101-19,
D U S Equal Employment Opportunity Commission (EEOC) "Regulations to Implement
the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part
1630,
E U S Federal Communications Commission regulations, "Telecommunications Relay
Services and Related Customer Premises Equipment for the Hearing and Speech
Disabled", 47 CFR Part 64, Subpart F
D-4 Privacy Act
Should the Subgrantee, or any of its subcontractors, or their employees administer any system of
records on behalf of the Federal Government, the Privacy Act of 1974, 5 USC § 552a, imposes
information restrictions on the party administering the system of records
For purposes of the Privacy Act, when the Agreement involves the operation of a system of
records on individuals to accomplish a government function, the Subgrantee and any
subcontractors and their employees involved therein are considered to be government
employees with respect to the government function The requirements of the Act, including the
civil and criminal penalties for violations of the Act, apply to those individuals involved Failure to
comply with the terms of the Act or this provision of this Agreement shall make this Agreement
subject to termination. The Subgrantee agrees to include this clause in all subcontracts awarded
under this Agreement that involve the design, development, operation, or maintenance of any
system of records on individuals subject to the Act
D-5 Interest of Members of or Delegates of Congress
Pursuant to 41 USC § 22, no member of or delegate to the Congress of the United States shall
be admitted to any share or part of this Agreement or to any benefit arising therefrom
D-6 Disclosure of Lobbying Activities '
Agreements in excess of $100,000 require that a Certification Regarding Lobbying, and
Disclosure of Lobbying Activities (if appropriate), be completed and submitted to King
County as required by 49 CFR Part 20, "New Restrictions on Lobbying "
The Subgrantee certifies that it shall not and has not used Federal appropriated funds to pay
any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal Contract, grant or any other
award covered by the Byrd Anti-Lobbying Amendment, 31 USC § 1352 The Subgrantee
shall disclose the name of any registrant under the Lobbying Disclosure Act of 1995,
codified at 2 USC § 1601 et seq , who has made lobbying contacts on its behalf with non-
Federal funds with respect to that Federal Contract, grant or award covered by 31 USC §
1352 Such disclosures are to be forwarded to King County
The Subgrantee shall include the language of this certification in all subcontract awards at
any tier and require that all recipients of subcontract awards in excess of $100,000 shall
certify and disclose accordingly.
Page 14 of 16
Subgrant Agreement Contract# - FFY05-SHSP-035
Ref. 49 CFR Part 20, modified as necessary by 31 USC § 1352
D-7 False or Fraudulent Statements or Claims
The Subgrantee acknowledges that if it makes a false, fictitious, or fraudulent claim,
statement, submission, or certification to King County in connection with this project, the
County reserves the right to pursue the procedures and impose on the recipient the
penalties of 18 USC § 1001, 31 USC §§ 3729 and 3801 et seq , and/or 49 USC §
5307(n)(1), as may be appropriate
' The Subgrantee agrees to include this clause in all subcontracts awarded under this
Agreement
D-8 Energy Conservation
The Subgrantee agrees to comply with mandatory standards and policies relating to energy
efficiency that are contained in the State Energy Conservation plan issued in compliance
with the Energy Policy and Conservation Act, 42 USC §§ 6321 et seq , and 49 CFR Part 18
The Subgrantee agrees to include this clause in all subcontracts awarded under this
Agreement.
D-9 Environmental Requirements
The Subgrantee agrees to comply with the applicable requirements of the National
Environmental Policy Act of 1969, as amended, 42 USC §§ 4321, et seq, consistent with
Executive Order No 11514, as amended, "Protection and Enhancement of Environmental
Quality," 42 USC § 4321 note Council on Environmental Quality regulations on
compliance with the National Environmental Policy Act of 1969, as amended, 42 USC §
4321 et seq. and 40 CFR Part 1500, et seq.
D-10 Preference for Recycled Products
To the extent practicable and economically feasible, the Subgrantee agrees to provide a
competitive preference for products and services that conserve natural resources and
protect the environment and are energy efficient Examples of such products may include,
but are not limited to, products described in the United States EPA Guidelines at 40 CFR
Part 247, implementing section 6002 of the Resource Conservation and Recovery Act, as
amended, 42 USC § 6962, and Executive Order 12873.
D-10 Patent Rights
If any invention, improvement, or discovery of the Subgrantee or any of its Subcontractors is
conceived or first actually reduced to practice in the course of or under this Agreement, and
that invention, improvement, or discovery is patentable under the laws of the United States
or any foreign country, the Subgrantee agrees to notify King County immediately and
provide a detailed report The rights and responsibilities of the Subgrantee and King County
with respect to such invention, improvement or discovery shall be determined in accordance
with applicable Federal laws, regulations, policies, ano any waiver thereof
r>
Unless the Federal Government later makes a contrary determination in writing, irrespective
of the Subgrantee's status (i e , a large business, small business, state government or state
instrumentality, local government, nonprofit organization, academic institution, individual),
the County and the Subgrantee agree to take the necessary actions to provide, through
DHS, those rights in that invention due the Federal Government as described in U.S
Department of Commerce regulations, 'Rights to Inventions Made by Nonprofit
Page 15 of 16
Subgrant Agreement Contract# - FFY05-SHSP-035
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," 37 CFR Part 401
The Subgrantee also agrees to include the requirements of this section in each subcontract
for experimental, developmental, or research work financed in whole or in part with Federal
assistance provided by DHS.
Ref 49 CFR Part 19, Appendix A, Section 5
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Page 16 of 16
Kent City Council Meeting
Date February 6. 2007
Category Consent Calendar
1. SUBJECT: AGREEMENT WITH CITY OF COVINGTON FOR FIRE
MARSHAL SERVICES — AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign an Interlocal Agreement with
the City of Covington for Kent to provide Fire Marshal services, subject to final terms and
conditions acceptable by the City Attorney
The Kent Fire Department currently provides plan review, inspection, code enforcement, and
fire investigation services to the City of Covington under various Interlocal Agreements Staff
seeks Council's authorization for the Mayor to sign an additional Interlocal Agreement with
Covington relating to Fire Marshal administrative services that will allow the Kent Fire
Department to provide full Fire Marshal services to Covington, while providing the authority
for Kent to enforce Covmgton's International Fire Code (IFC) and its local amendments to the
IFC.
This Interlocal Agreement will proceed before the Operations Committee the same night it
is presented to the full council for consideration Should the Interlocal Agreement not
unanimously pass out of committee, it will be pulled from the consent agenda and placed on
Other Business.
3. EXHIBITS: Interlocal agreement
4. RECOMMENDED BY: Operations Committee 2/6/07 and Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure" _ Revenue? Yes
Currently in the Budget? Yes No X
If no
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund 10003700.53822 Amount $66,560 00
6. CITY COUNCIL ACTION:
Counctlmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6S
FIRE ADMINISTRATION
]im Schneider
Fire Chief/Director of Emergency Management
24611 116`h Ave SE
Kent, WA 98030
Fax 253-856-6300
PHONE: 253-856-4300
February 6, 2007
To: Operations Committee
iFrom: Jim Schneider, Fire Chief
Regarding: Interlocal Agreement Between the Cities of Kent and Covington Relating to Fire
Marshal Administrative Services
MOTION: Recommend Council, at its February 6, 2007, meeting under Other Business,
authorize the Mayor to sign the Interlocal Agreement between the Cities of Kent and Covington
relating to Fire Marshal administrative services
SUMMARY: The City of Kent Fire Department currently provides plan review, inspection, code
enforcement, and fire investigation services to the City of Covington under various Interlocal
Agreements Authorization of this proposed, additional Interlocal Agreement relating to Fire
Marshal Administrative Services will allow the Kent Fire Department to provide full Fire Marshal
services to the City of Covington, while additionally providing the authority for Kent to enforce
Covington's International Fire Code (IFC) and its local amendments to the IFC.
BUDGET IMPACT: Revenue of approximately $66,000. These funds have been identified to
assist with the funding a new Battalion Chiefs position
l
1
� I
i
City of Kent Fire Department-Internationally Accredited Fire Agency
INTERLOCAL AGREEMENT BETWEEN
THE CITIES OF KENT AND COVINGTON
RELATING TO FIRE MARSHAL ADMINISTRATIVE
SERVICES
THIS INTERLOCAL AGREEMENT, hereinafter "Agreement", is entered into
between the CITY OF KENT, hereinafter "Kent", and the CITY OF COVINGTON,
hereinafter "Covington"
WHEREAS, Kent and Covington are public agencies as defined by Ch 39 34 of
the Revised Code of Washington ("RCW"), and are authorized to enter into interlocal
agreements on the basis of mutual advantage and thereby to provide services and
facilities in the manner and pursuant to forms of governmental organization that will
accord best with geographic, economic, population, and other factors influencing the
needs of local communities, and
WHEREAS, Kent's Fire Department maintains a Fire Marshal that administers
and manages fire prevention and code enforcement programs , and
WHEREAS, Covington desires to utilize the resources of Kent to assist
Covington in administering the fire code and programs, and
WHEREAS, Covington has agreed to compensate Kent for conducting such
administration,
NOW THEREFORE, in consideration of the terms and provisions contained
herein, it is agreed between Kent and Covington as follows
1. Purpose It is the purpose of this Agreement to establish the framework
to effectuate Covington's desire to have Kent perform Fire Marshal Administrative
Services To that end, Kent hereby agrees to perform for payment the following services
for Covington
1.1 Fire Code Administration;
1.2 Administration of Fire Prevention Programs;
1.3 Management of Covington Fire Prevention Bureau
t2. Administration of Agreement. To carry out the purpose of this
Agreement, a two-person board is hereby created to administer this Agreement The
board shall consist of the Fire Chief for the City of Kent Fire Department, and the City
Manager for the City of Covington The board shall meet no less than one time per year
to discuss the performance of the obligations of Kent and Covington pursuant to this
Agreement The board may, at its discretion and by mutual agreement, develop policies
and procedures to aid in the implementation of this Agreement
3. Administration Services.
3.1 Fire Code Administration. ,
Fire Code Administration shall be performed under the authority granted by the
International Fire Code as adopted and amended by the City of Covington Local
code amendments shall be performed in accordance with City of Covington
policies and procedures Whenever practical, it shall be the policy to streamline
the differences between the Cities of Kent and Covington fire code amendments
Administrative Rulings, Interpretations and Policies shall be performed in
accordance with the City of Covington record retention policies Whenever
practical, it shall be the policy to streamline the differences between the Cities of
Kent and Covington fire code rulings, interpretations and polices
3.2 Administration of fire prevention programs.
Administration of fire prevention programs shall be performed in the same
manner in the City of Kent and Covington Administration shall include the
management of the existing Interlocal Agreements signed by the Cities of Kent
and Covington
3.3 Management of Covington Fire Prevention Bureau.
It is the intent of this contract that the Fire Marshal manage the Covington Fire
Prevention Bureau within the adopted City of Covington codes, policies and
procedures
3.4 Point of Contact
The Fire Marshal's point of contact shall be the Community Development
Director or his designee, or other individual as designated by the City Manager
3.5 Information
The Fire Marshal will make every attempt to keep the Point of Contact informed
and apprised of problems and/or circumstances arising from the administration of
the fire code or prevention programs The Point of Contact will make every
attempt to keep the Fire Marshal informed and apprised of circumstances and/or
situations in Covington
4. Duration. This Agreement shall become effective on the last date this
Agreement is ratified by the legislative body of Covington and the legislative body of
Kent Unless terminated by either party pursuant to the terms of this Agreement, this
Agreement shall remain in full force and effect for 3 years from the effective date This
Agreement may be extended by mutual written agreement of the parties subject to the
ratification of such extension by the legislative body of each city
S. Payment to Kent. In consideration of this Agreement and the services
provided, Covington will pay Kent per subsection 5 1 for work performed by Kent
5.1 Payment Structure.
5.1.1 Initial Payment Although Covington will pay Kent an hourly
rate of $128 00 per hour, the parties agree that in order to
provide a baseline for budget planning, Covington will
initially pay Kent based upon an estimated 520 hours of
work per year, which will result in the payment of
$66,560 00 annually in four (4) quarterly installments of
$16,640 00 each due thirty (30) days after the first day of
each quarter For the purposes of this Agreement, the
quarters shall begin on January 1, April 1, July 1 and
October 1 of each year
5.1.2 Annual Adjustment Annual adjustments will be made in
January to reflect the cost of the Seattle/Tacoma/Bremerton
CPI-W for the period of June to June of the previous year
5.2 Billing Statement. Kent will submit a quarterly statement to
Covington
5.3 Billing Statement Dispute. In the event that there is a dispute
regarding the amount of money owed by Covington to Kent, the board shall make
every effort to resolve such dispute In the event that there is no resolution to the
dispute, the disputed amount shall be placed into the registry of the King County
Superior Court until the dispute is resolved by agreement of the parties or in a
court with jurisdiction over the subject matter of the dispute
5.4 Reconciliation of Amount Due After Termination or
Expiration. Within thirty (30) days of the effective date of this Agreement's
expiration or earlier termination, Kent shall submit to Covington a statement as
described in subsection 5 2 of this Agreement for the past quarter or part thereof
Within thirty (30) days of submitting the statement, the parties shall reconcile the
account and determine how much money Covington owes to Kent for unpaid
services or Kent owes to Covington for services that have been paid for but not
provided Final payment and settlement of accounts shall occur within ninety
(90) days of the effective date of termination of the Agreement
6. Ownership of Property. The parties to this Agreement do not
contemplate the acquisition of any property to carry out the purposes of this Agreement
Any property owned by Kent shall remain the property of Kent, and any property owned
by Covington shall remain the property of Covington
iI
7. Termination.
7.1 Termination by Notice. This Agreement may be terminated by
either party upon it providing the other party with 3 years advance written notice
of such termination
7.2 Termination by Mutual Written Agreement. This Agreement
may be terminated at any time by mutual written agreement of the parties
7.3 Termination for Breach. Kent may terminate this Agreement
with fourteen (14) days advance written notice upon the failure of Covington to
make payments as required by this Agreement Covington may terminate this
Agreement upon fourteen (14) days advance written notice in the event Kent fails
to provide services as required in this Agreement except disputes handled per
Section 5 3
8. Indemnification and Hold Harmless. Covington agrees to defend,
indemnify, and hold harmless Kent and each of its employees, officials, agents, and
volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising
out of any negligent or tortious actions or inactions by Covington or any of its employees,
officials, agents, or volunteers, while acting within the scope of the duties required by
this Agreement All costs, including but not limited to attorneys fees, court fees,
mediation fees, arbitration fees, settlements, awards of compensation, awards of
damages of every kind, etc , shall be paid by Covington or its insurer This provision
shall survive the expiration of this Agreement This provision shall also survive and
remain in effect in the event that a court or other entity with jurisdiction determines that
this interlocal Agreement is not enforceable
Kent agrees to defend, indemnify, and hold harmless Covington and each of its
employees, officials, agents, and volunteers from any and all losses, damages, claims,
liabilities, lawsuits, or legal judgments arising out of any negligent or tortious actions or
inactions by Kent or any of its employees, officials, agents, or volunteers, while acting
within the scope of the duties required by this Agreement All costs, including but not
limited to attorneys fees, court fees, mediation fees, arbitration fees, settlements, awards
of compensation, awards of damages of every kind, etc , shall be paid by Kent or its
insurer. This provision shall survive the expiration or earlier termination of this
Agreement This provision shall also survive and remain in effect in the event that a
court or other entity with jurisdiction determines that this interlocal Agreement is not
enforceable
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT
THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES EACH PARTY'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
TO CARRY OUT THE PURPOSES OF THIS INDEMNIFICATION CLAUSE. THE
PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
9. Insurance. Each city shall carry and maintain, for the duration of this
Agreement, general liability, property damage, and errors and omissions insurance
coverage with an admitted carrier for the state of Washington with the following
minimums
General Liability $1 million per occurrence, and
Property Damage* $1 million per occurrence; and
Errors and Omissions, $1 million per occurrence
The insurance policies of each city shall name the other city and its
officials, officers, employees, and volunteers, who are acting within the scope of this
Agreement as additional named insureds for any and all actions taken by each city, its
officials officers, employees, and volunteers in the scope of their duties pursuant to this
Agreement The insurance policy or policies shall have a thirty (30) days prior notice of
cancellation clause to be given to the other city, in writing, in the event of termination or
material modification of the insurance coverage The insurance shall be "occurrence
based" rather than "claims made " In the alternative, each city may satisfy the
requirements of this section by becoming or remaining a participant in an authorized self
insurance pool in the state of Washington with protection equal to or greater than that
specified herein
10. Miscellaneous.
10.1 Non-Waiver of Breach. The failure of either party to insist
upon strict performance of any of the covenants and agreements contained in
this Agreement, or to exercise any option conferred by this Agreement in one
or more instances shall not be construed to be a waiver or relinquishment of
those covenants, agreements or options, and the same shall be and remain
in full force and effect
10.2 Resolution of Disputes and Governing Law. This
Agreement shall be governed by and construed in accordance with the laws
of the State of Washington If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement,
the exclusive means of resolving that dispute, difference or claim, shall only
be by filing suit exclusively under the venue, rules and jurisdiction of the King
County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process In any claim or lawsuit for
damages arising from the parties' performance of this Agreement, each party
shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, in addition to any other recovery or award
provided by law, provided, however, nothing in this paragraph shall be
construed to limit the parties' right to indemnification under this Agreement
10.3 Assignment. Any assignment of this Agreement by either
party without the prior written consent of the non-assigning party shall be
void If the non-assigning party gives its consent to any assignment, the
terms of this Agreement shall continue in full force and effect and no further
assignment shall be made without additional written consent
10.4 Modification. No waiver, alteration, or modification of any
of the provisions of this Agreement shall be binding unless in writing and
signed by a duly authorized representative of each party and subject to
ratification by the legislative body of each City
10.5 Compliance with Laws. Each party agrees to comply
with all local, federal and state laws, rules, and regulations that are now
effective or in the future become applicable to this Agreement
10.6 Entire Agreement. The written terms and provisions of
this Agreement, together with any exhibits attached hereto, shall supersede
all prior communications, negotiations, representations or agreements, either
verbal or written of any officer or other representative of each party, and such
statements shall not be effective or be construed as entering into or forming a
part of or altering in any manner this Agreement All of the exhibits are
hereby made part of this Agreement Should any of the language of any
exhibits to this Agreement conflict with any language contained in this
Agreement, the language of this document shall prevail r
10.7 Severability. If any section of this Agreement is i
adjudicated to be invalid, such action shall not affect the validity of any
section not so adjudicated
10.8 Interpretation The legal presumption that an ambiguous
term of this Agreement should be interpreted against the party who prepared
the Agreement shall not apply
10.9 Notice. All communications regarding this Agreement
shall be sent to the parties at the addresses listed on the signature page of
the Agreement, unless notified to the contrary Any written notice hereunder
shall become effective upon personal service or three (3) business days after
the date of mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing
IN WITNESS, the parties below execute this Agreement, which shall
become effective on the last date entered below.
COVINGTON: KENT:
CITY OF COVINGTON. CITY OF KENT:
By. By
(signature)
Print Name- Bob White Print Name- Suzette Cooke
Its City Manager
(Title) Its Mayor
DATE:
DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Bob White, City Manager Jim Schneider, Chief
City of Covington City of Kent Fire Department
17210 SE 272nd Street 220 Fourth Avenue South
Covington, WA 98042 Kent, WA 98032
(253) 638-1110 (telephone) (253) 856-4300 (telephone)
(253) 638-1122 (facsimile) (253) 856-6300 (facsimile)
1 APPROVED AS TO FORM: APPROVED AS TO FORM:
Bruce Disend, Arthur"Pat' Fitzpatrick,
City Attorney Deputy City Attorney
P 1QvdATTORNEYS\Pat\CovmgtonArsonlnvcstigationslLA doc
Kent City Council Meeting
Date February 6, 2007
Category Consent Calendar
1. SUBJECT: BATTALION CHIEF POSITION IN FIRE PREVENTION—
APPROVE
2. SUMMARY STATEMENT: Amend the 2007 budget to create a new regular full-time
Battalion Cluct position within Fire Prevention
The Kent Fire Department currently provides, through Interlocal agreements, the following
fire marshal duties to the City of Covington plan review, inspection/code enforcement, and
fire investigation services. Contemporaneously with the request in this motion, staff is
requesting authorization for the Mayor to sign an Interlocal Agreement for Kent to
additionally provide Fire Marshal administrative services to Covington. Because of the
additional workload and responsibilities associated with the Interlocal Agreements, and
because of span of control, the Department requests Council create a Battalion Chief Position,
to be funded through the revenue generated by the various Interlocal Agreements, to assist in
the supervision of the Fire Prevention Division for the City of Kent
This item will proceed before the Operations Committee the same night it is presented to the
full council for consideration. Should the item not unanimously pass out of committee, it will
be pulled from the consent agenda and placed on Other Business.
3. EXHIBITS: Executive Summary
4. RECOMMENDED BY: Operations Committee 2/6/07 and Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Yes Revenue? Yes
Currently in the Budget? Yes No X
If no
Unbudgeted Expense: Fund 10003700.6XXXX.2900 Amount $131,850.00
Unbudgeted Revenue: Fund 10003700.53822 Amount $139,700 00*
*through prior approved interlocal agreement
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6T
1
FIRE ADMINISTRATION
Jim Schneider
Fire Chief/Director of Emergency Management
24611 116`h Ave SE
Kent, WA 98030
Fax 253-856-6300
PHONE: 253-856-4300
February 6, 2007
To: Operations Committee
From: Jim Schneider, Fire Chief
Regarding: Amend budget to create new Battalion Chief Position In Fire Prevention
MOTION: Recommend Council, at its February 6, 2007 meeting under Other
Business, amend the 2007 budget in order to create a new Battalion Chief
Position in Fire Prevention to be funded through revenue generated by Interlocal
Agreements with the City of Covington.
SUMMARY: The City of Kent Fire Department currently provides plan review, inspection, code
enforcement, and fire investigation services to the City of Covington under various Interlocal
Agreements. Contemporaneously with the request in this motion, staff is requesting authorization
for the Mayor to sign an Interlocal Agreement for Kent to additionally provide Fire Marshal
administrative services to Covington Because of the additional workload and responsibilities
associated with the Interlocal Agreements, and because of span of control, the Department requests
Council create a Battalion Chief position, to be funded through the revenue generated by the
Interlocal Agreements, to assist to the supervision of the Fire Prevention Division for the City of
Kent
BUDGET IMPACT. $131,850 offset by revenue from Interlocal Agreements with the City of
Covington.
City of Kent Fire Department-Internationally Accredited Fire Agency
FIRE ADMINISTRATION
Jim Schneider
Fire Chief/Director of Emergency Management
24611 1161"Ave SE
Kent, WA 98030
Fax 253-856-6300
PHONE: 253-856-4300
DATE: February 6, 2007
TO- Operations Committee
FROM. Jim Schneider, Fire Chief
RE: Amend budget to create a new Battalion Chief Position in Fire Prevention
BackEround:
The City of Kent Fire Department currently provides plan review, inspection, code enforcement, and
fire investigation services to the City of Covington under various Interlocal Agreements
Contemporaneously with the request in this motion, staff is requesting authorization for the Mayor to
sign an Interlocal Agreement for Kent to additionally provide Fire Marshal administrative services to
Covington Because of the additional workload and responsibilities associated with the Interlocal
Agreements, and because of span of control, the Department requests Council create a Battalion
Chief position, to be funded through the revenue generated by the Interlocal Agreements, to assist in
the supervision of the Fire Prevention Division for the City of Kent
Discussion:
All of the Interlocal Agreements with Covington produce total revenue to Kent of approximately
S 139,700 per year Providing these services and responsibilities to Covington, which receives
fire/EMS services from King County Fire District#37, who contracts for these services with the
Kent Fire Department, has not only increased the Fire Prevention Divisions workload, but also
stretched the span of control of the Division Chief
A fact-finding process, conducted by Employee Services in 2006, identified the immediate need to
have a rank between the Division Chief and Captains who supervise in the Division The rank of
Battalion Chief, a rank between the Captains and Division Chief will assist in reporting
relationships, chain of command, and acting in capacity when the Division Chief is gone
The estimated 2007 salary, including benefits, of the new Battalion Chief position will be $127,850.
We are estimating that startup operational costs for this new position will be approximately S4,000.
The cost of this new full-time position will be off set by the revenue generated by the current
Interlocal Agreements.
City of Kent Fire Department- Internationally Accredited Fire Agency
Operations Committee
Page 2 of 2
February 6,2007
Fire Dept—Amend 2007 budget to create new BC position
With the promotion of a Captain to a Battalion Chief, and a Firefighter to a Captain, the Department
will hire a Probationary Firefighter to till the vacancy. This is anticipated to be an additional cost
savings of$43,380 for the first three (3) years of employment.
The duties of the Fire Prevention Division wilt be re-assigned as follows with the approval of the
new Battalion Chief position
Fire Marshal/Division Chief Battalion Chief
Plans Review Public Education
Code Enforcement Fire Investigations
Inspections Information Strategic Svs
Authorizing this new Battalion Chief position in Fire Prevention, funded by revenue from Interlocal
Agreements with Covington, will address a major recommendation identified in the 2006 fact-
finding process conducted by Employee Services.
This item is currently set for Council's consideration on its Consent Calendar the same night it is
presented to the Operations Committee. Should this item not unanimously pass out of committee,
it will be pulled from the Consent Calendar and placed on Other Business
ti
Kent City Council Meeting
Date February 6, 2007
Category Consent Calendar
I. SUBJECT: S. 228TH GREEN RIVER BRIDGE — ACCEPT AS COMPLETE
2. SUMMARY STATEMENT: Accept the S 228th Green River Bridge as complete
and release retamage to Mowat Construction Inc. upon receipt of standard releases from
the state and release of any liens The original contract amount was $ 6,555,301 The
final contract amount was $6,511,178.47.
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:
Council Agenda
Item No 6U
Kent City Council Meeting
Date February 6, 2007
Category Consent Calendar
1. SUBJECT: KENT AQUATIC AND COMMUNITY CENTER PROGRAMMING
AND CONCEPTUAL DESIGN AGREEMENT —AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to enter into an agreement in the
amount of$113,000 with Barker Rinker Seacat Architecture for programming and
conceptual design of the proposed Kent Aquatic and Community Center, upon review
by the City Attorney
Five design teams responded to the RFQ advertised on October 16 and 23, 2006. On
December 12 and 13, 2006, Barker Rinker Seacat Architecture was selected by an
interview panel to complete programming and 30% of schematic design for the
proposed Kent Aquatic and Community Center in the amount of S113,000.00. If the
city decides to proceed to 100% design documents, an additional contract will be
necessary.
3. EXHIBITS: Consultant Services Agreement
4. RECOMMENDED BY: Operations 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. 6V
•
KENT n�
Ww�"IMO10" W r�
CONSULTANT SERVICES AGREEMENT (�
between the City of Kent and
Barker Rinker Seacat Architecture
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Barker Rinker Seacat Architecute organized under the laws of the State of
Colorado, located and doing business at 2300 Fifteenth Street, Suite 100, Denver, Colorado 80202 (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:
Consultant will work with the City of Kent to develop the programming and concept design for
the future Kent Aquatic and Community Center in Kent, Washington as described in the
Consultant's Scope of Work dated January 7, 2007 attached and incorporated as Exhibit A.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I by September 30, 2007.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One
Hundred, Thirteen Thousand Dollars and NO/100ths ($113,000.00) for the services described in
this Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written authorization of
the City in the form of a negotiated and executed supplemental agreement. The Consultant
agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain
locked at the negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final 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 an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle 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 performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction. If the City's use of
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates. 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, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to
avoid any of these covenants of indemnification
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
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 INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
CONSULTANT SERVICES AGREEMENT-2
(Over$10,000)
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request.
The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even 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 must meet the approval of the City and shall be subject to the City'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 responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing. i1
it
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall 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 the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS, the parties below execute this Agreement,which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
By: By:
019MIure) (signalive)
Print Name: Keith Haves Print Name: Suzette Cooke
Its Principal Its Mayor
(Tale) (ride)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Keith Hayes Perry Brooks, Project Manager
Barker Rinker Seacat Architecture Kent Parks, Recreation & Community Services
2300 Fifteenth Street, Suite 100 220 Fourth Avenue South
Denver, Colorado 80202 Kent, WA 98032
(303) 455-1366 (telephone) (253) 856-5114 (telephone)
303 455-7457 (facsimile) (253) 856-6050 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Kent Aquatic&Community Center resign
CONSULTANT SERVICES AGREEMENT-4
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all
contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of
the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement;
The questions are as follows:
I. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 2007.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS- 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All
contractors, 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 following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines.
EEO COMPLIANCE DOCUMENTS-2
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 Barker Rinker Seacat Architecture Company,
hereby acknowledge and declare that the before-mentioned company was the prime contractor for the
Agreement known as Kent Aquatic & Community Center Design that was entered into on the date
between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of 2007.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3
EXHIBIT A
BARKER KICKER 5EACAT� MEMORANDUM
E � / O I
InecNlrecrur:-e � j�/1 .1\lj�.jRAI�DU.M
To: Perry Brooks Fax Number.
from: Keith Hayes and Caroline Seeberger Date: January 7,2007
Project Namel Number. Kent Aquatics 20701.01 Number of Pages: 1+2
Re: Project Planning copy To: Chuck Musgrave,Duane Crawmer,
Karon Badalementi and Sue Maguire
It is our understanding that Kent intends to hold an election to fund the Aquatics and Community Center project
during the early 2008. The City may proceed with design and documentation of the project in advance of the
election in order that construction can proceed immediately after the election.
Generally, we find It takes a year to develop the design and working drawings for a project of the size and
complexity that Kent proposes Coincident with this process,you should be aware it will be necessary to make
submissions to various agencies—SEPA,for example—in order to be able to be in a position to proceed with
construction immediately after the election.A final project deliverable will be a proposal for full services for the
design of the project based upon the program and budget developed in the coming weeks.
Schedule overview:
Programming and Concept Design, 10 weeks late January 2007-early April 2007
Review Period and Budget Update,2 weeks,late April 2007
Schematic Design,8 weeks May 2007-June 2007
Review Period and Budget Update,2 weeks,early July 2007
Design Development, 12 weeks,mid July 2007-mid October 2007
Review Period,2 weeks,late October 2007
Construction Documents, 16 weeks, November 2007-February 2008
The initial scope will cover the first 10-12 weeks of work We believe the following items need to be addressed as
part of that scope:
1, Review, adjust/amend and approve project program
2. Review, adjust/amend and approve project budget
3. Confirm site capacity and constraints of Naden Avenue property
4 Develop the sustainable design plan to ensure LEED silver or better
5 Identify required agency approval timelines and develop the overall project schedule
6. Based on the approved program, revise the operations plan and pro-forma
7 Develop a site and project concept in order to create a project rendering
8. Confirm the overall project scope,schedule and consulting team
We recommend the following Consulting Team be considered to confirm programming and develop concept
design-
-Lead Consultant and Architect-of-Record Barker Rinker Seacat, Denver, Colorado
-Progranu3eng and Operations Pro-Fomia GieenPiay,LLC, Broomfield, Colorado
-Landscape Architects.Susan Black&Associates,Seattle,Washington
-Crod Engineering: Dowl Engineers,Redmond,Wabhmglon
-Cost Estimating Architectural Cost Consultants,Pottidod,Oregon
-LEED Consultant-The Weidt Group, Minnetonka,Minnesota
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IARCRITECTURE t M JLYlORANDUM
We also advocate that Kent develop an internal staff team to monitor project progress, and act as a Mason
between the Consulting Team, the Steering Committee, Council and Kent Citizens Ideally this would consist of 1-
5 individuals from Parks and other relevant departments, slim ar to the group we worked with in the inNal study
Programming and Concept Design Tasks and Schedule
Week of January 1
Plan rang conference call—ideally January 2 or 3 Perry,Caroline and Keith, possibly Karon to attend
-BRSA and Kent to confer on project scope and schedule
-BRSA and Kent to confer on project team
-BRSA and Kent to confer on phase deliverables is a 3-D model and/or animation desired?
-BRSA and Kent to discuss desire for further citizen outreach,more surveying
Kent to submit consulting contract for review and signature
BRSA to develop Immediate project schedule and update overall project schedule
BRSA to prepare preliminary project budget documents and programming materials
BRSA to work with LEED consultant to prepare preliminary LEED scorecard
Week of January B-19
Confer with Project Team to review latest developments (teleconference)
-identify other City agency team members
-Discuss agency approvals anticipated and solicit Input on overall project schedule
-Review project program and budget objectives
Meet with sde consulting team to discuss site capacity(teleconference)
-Collect site constraint information and develop mapping tools to graphically describe utilities, sebacks,
site entry,massing opportunities,etc,
Prepare towing materials
Week of January 22
Workshop 1(Steering Committee travels to Denver)
Steering Committee to visit Denver and tour 4-6 similar facilities
Meet with Steering Committee to review previous project findings,survey results, latest developments and
project budget
-play card game and develop project parameters
-Review preliminary project program and budget
-Review preliminary project pro-forma
Meet with site and LEED consultants to discuss sustainable design opportunities(teleconference)Contact
agencies forapproval processes and develop project schedule
Week of February 5-23
-Develop project program and budget
-Develop project pro-forma
-Conference call with Civil Engineer and Landscape Architect(site team)
-Conference call with site team and broader City staff to discuss site issues/traffic/etc
-Update LEED scorecard, develop materials for LEED workshop
-Develop site mapping tools for use in LEED workshop
-Develop pubic meeting tools
Week of February 26
Workshop 2 (Keith,Caroline and Karon travel to Kent)
Confer with Project Team to review latest developments
-Hold public open house to mfoml public and staff and solicit input
-Meet wish focus groups, if necessary
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BARKER RINKER SE_ACAT IO //(F MEMORANDUM
[ARCH IT ECtURE t MEMORANDU.M •�
Conduct Bile visits, if necessary (Haden site,the Commons, K-M Pool, Federal Way Community Center,
others to be identified)
Meet with Steering Committee and present findings
-At all, review preliminary program and budget,site and building adjacency concepts
-Tour Kent facilities,to be determined
LEED workshop to Identify sustainable design strategies
Week of February 26-March 12
-Finalize project program and budget
-Finalize project pro-forma
-Refine concept site plan,plan adjacencies, building massing
-Confirm project budget with cost consultant
-Document workshop outcomes and update LEED scorecard
-Finalize project schedule
-Develop full-service scope of work and solicit proposals from consultants
Week of March 19
Workshop 3(Keith,Caroline and Karon travel to Kent)
-Confer with Project Team to review latest developments
-Meet with Steering Committee to review updated program,budget,concept site and building design
-Hold public open house to solicit input
-Meet with focus groups, If necessary
-Confirm project budget with cost consultant
-Prepare proposal for full-service scope of work
Week of March 26
-Team updales documents and prepares final report and presentation materials
-10 copies of findings report to City of Kent
We solicited proposals from for the Civil, Landscape and LEED scopes.The scopmg document Is included for your
information. We proposed a fee for the work of$98,000 for the above scope of work,plus a reimbursable budget
(shown in Exhibit A)of$15,000 for a total of$113,000 plus applicable Washington slate taxes We anticipate the
finished product will be similar in detail to 30% schematic design
We welcome your comments and input,and look forward to getting started[Please let us know if the above outline
meet meets with your approval, and please provide us with the contract language.
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned,non-owned,hired
and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations,personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 11 85. The City shall be named as
an insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City using
ISO additional insured endorsement CG 20 10 11 85 or a substitute
endorsement providing equivalent coverage.
2. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence, $2,000,000 general aggregate
and a $1,000,000 products-completed operations aggregate limit.
C. Other Insurance Provisions ,9
EXHIBIT B (Continued) r
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability insurance:
1. The Consultant's insurance coverage shall be primary insurance as respect the City.
Any Insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Consultant's insurance and shall not contribute with it
2. The Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty(30)days prior written notice by certified
mail, return receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies (except
Professional Liability) as respects work performed by or on behalf of the Consultant
and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance. The City reserves the right to receive a certified copy
of all required insurance policies. The Consultant's Commercial General Liability
insurance shall also contain a clause stating that coverage shall apply separately to
each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
AN IL
II.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement,evidencing the insurance requirements of the Consultant before
commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Consultant.
Kent City Council Meeting
Date February 6, 2007
Category Other Business
1. SUBJECT: RESIDENTIAL DEVELOPMENT STANDARDS
2. SUMMARY STATEMENT: This proposal updates the Kent Zoning and
Subdivision Codes for residential development Proposed amendments as
recommended by the Planning & Economic Development Committee provide for
recreation area within subdivisions, increased requirements for tree preservation and
landscaping, increased side and rear setbacks, attached units within single family
residential areas, diminished garage doors and design features. At the same time, the
proposal reduces minimum lot size to 3,000 square feet in the SR-4.5, SR-6 and SR-8
zoning districts.
3. EXHIBITS: 1/30/07 staff memo; 1/10/07 CC workshop packet; 1/8/07 PEDC
packet & minutes, 12/1 l/06 LUPB packet & minutes; l 1/27/06 LUPB workshop
packet; 11/13/06 LUPB packet& minutes; 10/23/06 LUPB workshop packet
4. RECOMMENDED BY: Planning & Economic Development 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 $ r
N 6. CITY COUNCIL ACTION:
Councilmember d d,1441,ya moves, Counctlmember a } seconds
to approveMen*4niodrify the recommendation of the Planning and Economic
Development Committee regarding residential development standards] ,,j I-v
DISCUSSION:
ACTION:
Council Agenda
Item No 7A
COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
KENT Charlene
SERVICES
e Anderson, AICP, Manager
W AS H I N G TO N
Phone 253-856-5454
Fax, 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
January 30, 2007
To: Council President Dr. Deborah Ranniger and City Council Members
From: Matt Gilbert, AICP, Planner
Subject: Residential Development Standards Update
MOTION: To approve/deny/modify the recommendation of the Planning & Economic
Development Committee regarding residential development standards.
SUMMARY: At their January 8, 2007 meeting, the Planning & Economic Development
Committee recommended approval with additional amendments of the Land Use & Planning
Board's amended Option 2 of the proposed Residential Development Standards. Attached is the
complete text of the proposed amendments, and a matrix describing other options that were
' considered.
BUDGET IMPACT: None
BACKGROUND: The key amendments to the LUPB recommendation incorporated in the
Planning & Economic Development Committee's recommendation are:
• Residential Land Uses, SR4.5, SR-6, SR-8 -- 25% of subdivision may be duplexes.
' • Setbacks: 10 feet rear yard; Side yard: minimum 5 feet, or 8 feet without fire safety
measures, 50% of subdivision must have aggregate 16 feet side yards (8/8, 5/11 etc.)
' 70% of new homes in each new development must provide a diminished garage.
These changes were discussed at the City Council's January 16, 2007 workshop.
Enclosed are the complete staff reports and minutes from the workshops, meetings and public
hearings held by the Land Use and Planning Board and Planning & Economic Development
Committee, as well as the Council's workshop packet from January 16`h. In addition to these
materials, Planning Services has compiled the complete record of written public comments
submitted both directly to the Planning Services office and via the City's Residential
Development web survey. These comments are available for review in the City Council
Conference Room.
malomS.lPermdiPlan)ZONECODEAMENDJ20061ZCA20063 ResDeuStdsIZC42006-3 020607CCmemoobc
cc Charlene Anderson, AICP, Planning Manager Il
Fred N Satterstrom,AICP, CD Director %
Project File
i
i January 16, 2007
Council Workshop COMMUNITY DEVELOPMENT
Packet Fred N. Satterstrom, AICP, Director
i ��KKN T PLANNING SERVICES
Charlene Anderson, AICP, Manager
WASIINGTOw
Phone 253-856-5454
iFax 253-856-6454
Address- 220 Fourth Avenue S
Kent, WA 98032-5895
January 10, 2007
To: Council President Dr. Deborah Ranniger and City Council Members
i From: Matt Gilbert, AICP, Planner
Subject: Residential Development Standards Update
At their January 8, 2007 meeting, the Planning & Economic Development Committee
recommended approval with additional amendments of the Land Use & Planning Board's
amended Option 2 of the proposed Residential Development Standards. Attached is the
complete text of the proposed amendments, and a matrix describing other options that were
considered.
i The key elements of the Planning & Economic Development Committee recommendation are:
• Definitions added
• Residential Land Uses, SR4.5, SR-6, SR-8 -- 25% of subdivision may be duplexes
i • Setbacks: 10 feet rear yard; Side yard: minimum 5 feet, or 8 feet without fire safety
measures, 50% of subdivision must have aggregate 16 feet side yards (8/8, 5/11 etc.)
' • Lot size & width. minimum 3,000 sq. ft; 30-foot diameter developable circle; 20 feet lot
frontage; 10 feet driveway separation
' • Design review: Yes. Entry fagade oriented toward highest-classified street access;
attached units limited to 200 feet in length with 15 feet separation between buildings;
fagade and roofline modulation (2 elements each) with modulation every 20 feet; 3
i architectural detail elements on facades facing public area; 70% diminished garages
• Detention ponds: 10 feet perimeter landscaping; vinyl-coated chain link or wood
fencing as required
• Tree preservation: 15% of aggregate diameter of existing significant trees shall be
retained or replaced (alder and cottonwood inches discounted 50%). Flexibility
provided.
' • 10 feet of irrigated landscape buffering and consistent fencing required along streets not
providing access to units
i • 450 sq. ft. of developed on-site recreation area required per unit; flexibility to allow fee
in lieu of dedication for short subdivisions
MG/Pm5lPel-mitlPlanIZONECODEAMEND120061ZCA-2006-3 ResDev5tdslZC42006-3 011607CCmemodoc
Enc Matrix, Proposed Code amendments
cc: Charlene Anderson,AICP, Planning Manager
Fred N Satterstrom,AICP, CD Director
Parties of Interest
iProject File
1
' Residential Development Standards - Proposed Amendments
January 16, 2007
As recommended by Planning & Economic Development Committee
Zoning Code — Definitions
15.02.026 Architectural detail element.
Architectural detail element means contrasting_trim at least five and one-half (5-
1/2) inches wide around the doors and windows of a facade; window shutters;
' minimum fifty(50) square feet and 5 feet deep covered area around a point of
entry; minimum three (3) feet deep eaves; minimum of two (2) distinct finish
' materials used on a facade, not including trim material; balconies; or other
methods approved by the planning manager which diminish the perception of
bulk and provide visual interest along home facades facing public areas.
15.02.096 Density, maximum permitted.
Maximum permitted density refers to the maximum number of single fafflily
dwelling units permitted per acre. FeF kaet+e+is of , mum
peFFAitted density shall be pFepeFtlenal te the size ef the let. FeF example, wheFe
the maximuffi permitted density en ene half (1/2) aEre is thFee (3) single fafflily
ems, subject to lot size and other development standards of Ch. 15.04
KCC. When determining the allowed number of units for a subdivision or short
subdivision, all site area may be included in the calculation. If calculations result
in a fraction, the fraction shall be rounded to the nearest whole number as
follows: fractions above 0.50 shall be rounded up, fractions of 0.50 and below
shall be rounded down.
15.02.106 Diminished garage door.
Diminished garage door means a garage in the rear portion of the lot accessed
via a common driveway between lots; or a side access garage where the front
facade facing a public area is finished with a window or other architectural
feature; or a garage accessed via a rear alley; or a garage set back no less than
10 feet from the front facade of the home; or other design strategies which
similarly diminish the prominence of the garage and are approved by the
planning manager.
' 15.02.134 Facade modulation.
Facade modulation means a horizontal stepping back or projecting forward of
portions of a building facade. The minimum modulation depth shall be 3 feet,
and the minimum modulation width shall be 8 feet.
' 15.02.335.1 Public area.
Public area means public or private roadways, pedestrian paths, parks, open
' spaces or other common spaces.
' 1
15.02.340.1 Roofline variation.
Roofline variation means a vertical offset in ridge line; horizontal offset in ridge
line; variations of roof pitch; gables; or any other similar technique approved by ,
the planning manager. The minimum horizontal or vertical offset shall be 3 feet
and the minimum variation length shall be 8 feet.
15.02.499.1 Special life safety measures. '
S2eciallife safety measures means upper story rescue windows accessible from
the front and rear of a home; or a Fire Department-approved automatic fire '
suppression system.
1
2 '
Zoning Code — Land Uses — Differentiation among options is indicated.
15.04.020 Residential land uses.
' ZONING DISTRICTS
U
KEY U — _ ..�
U L) n U I
P = PRINCIPALLY i +�-' +-
)n )n +` ❑
Ln N
PERMITTED USES U ❑ ❑ 'a ❑
' L— Q)
S = SPECIAL USES +' '' N Ln m U
U Ln 7 7
C= CONDITIONAL U Y b N mo
u Y ❑
� v) 0 ❑ in )n �, � � � — Lnis
0 ❑ m
USES n ❑ ❑ 75 ❑ ❑ H H
A=ACCESSORY USES v ❑ Fo 70 LA
N Q) cC 0) Q) N ❑
a.t ❑ � � � N � 13 � � 13 � � � U
U �D N In In Ln = In Ln
i U (D m Q) d) E a) 4)
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CuLT
-75 C7 _ Y �
� -- m m L m m c w E ❑ o
m ❑ 2
❑ c Co C71c c 0
❑ - I
Q �, � Lo Co �n f_n U7 ❑ oj J S = 'I
a
OC I c� c� 1� c� Q� c� I, _
ONE SINGLE-FAMILY P P P P P P P P P P P P P
DWELLING PER LOT L L, _
ONE DUPLEX PER LOT P P P P
Ll (27) (2Z)
' ONE MODULAR HOME P P P P P P P P P P P P P
PER LOT
' DUPLEXES P P P P P P P P P
(27) (Z71 (27) (22)
' MULTIFAMILY P(19) P(19) P P P
TOWNHOUSE UNITS (20) (20)
MULTIFAMILY P(26) P(26) P P P
DWELLINGS
MULTIFAMILY
DWELLINGS FOR
SENIOR CITIZENS
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15.04.030 Residential land use development conditions.
27. Within subdivisions, as defined by KCC 12.04.025 and created after '
ORDINANCE DATE or altered to comply with zoning and subdivision code '
amendments effective on or after ORDINANCE DATE, 25% of the total
number of permitted dwelling units may be duplex structures.
15.04.170 Agricultural and residential zone development standards. '
Change the matrix as follows in SR-4.5, SR-6 and SR-8 zoning districts:
Minimum lot area: Add note 37
Side Yard: Delete 5 feet. Add 8 feet and (38)
Rear Yard: 10 feet '
Additional Standards: Add Note 39
15.04.180 Agricultural and residential land use development standard
conditions.
37. For subdivisions and short subdivisions created after ORDINANCE '
DATE or altered to comply with zoning and subdivision code
amendments effective on or after ORDINANCE DATE, the minimum lot
size shall be 3,000 square feet. Minimum lot width shall be measured
by scaling a 30-foot diameter circle within the boundaries of the lot,
provided that easement areas may not be included in the required 30-
foot diameter circle. The lot frontage along private or public streets
shall be a minimum 20 feet in width. Minimum driveway separation
shall be 10 feet. Shared driveways are permitted.
38. Fifty (50) percent of the lots within subdivision and short subdivisions
created after ORDINANCE DATE or altered to comply with zoning and '
subdivision code amendments effective on or after ORDINANCE DATE
may have minimum 5 feet side yards when special life safety measures
are provided. The sum total of both side yards for the remaining fifty
(50) percent of the lots shall be a minimum 16 feet. '
39. The residential design review standards of KCC 15.09.045(C) shall
apply to subdivisions and short subdivisions created after ORDINANCE '
DATE or altered to comply with zoning and subdivision code
amendments effective on or after ORDINANCE DATE.
Zoning Code — Landscaping
15.07.040 General landscape requirements for all zones. ,
4 ,
' W. The perimeter of all storm water detention ponds shall be landscaped to a
minimum depth of 10 feet of Type II landscaping. If perimeter fencing is
trequired based on Public Works standards it shall be constructed of vinyl coated
chain link or solid screen fencing. The fencing shall be located between the
pond and the landscape area.
Zoning Code — Tree Preservation
15.08.240 Preservation of trees.
A. Purpose. Retention of significant trees as required by this section is necessary
to maintain and protect property values, to enhance the visual appearance of the
city, to preserve the natural wooded character of the area, to promote utilization
of natural systems, to reduce the impacts of development on the storm drainage
system, and to provide a transition between various land uses in the city.
B. Regulations. Application of regulations for the preservation of significant
trees is as follows:
1. On all undeveloped property in the city, all trees of a six (6) inch
caliper or greater shall be retained on the property where they are growing.
' 2. Where it is not feasible to retain all trees on the site due to the
proposed development, a site specific tree plan, drawn to scale, shall be
prepared. The tree plan shall indicate the species of tree and precise location of
all trees of a six (6) inch caliper or greater on the site in relation to proposed
buildings, streets, parking areas, storm drainage facilities, and utilities. Trees to
be retained pursuant to this section shall be marked by encircling the tree with a
stripe of non-toxic paint of a color and type sufficient to remain visible during
onsite construction activity. Trees to be retained shall be protected during
construction, and the dripline shall be delineated with boundary markers. No
' grade changes or storage or materials shall be allowed within the tree dripline.
Drainage patterns shall not be significantly altered that may be detrimental to
the subject trees.
3. The tree plan and photograph of the trees on the property shall be
submitted to the city planning depaFtn9en services division for its review prior to
' the issuance of a zoning or building permit.
4. The planning depaFtm"tservices division shall review the tree plan in
relation to the proposed development and make a determination of which trees
' will be permitted to be removed.
5. The planning depaFtfflen services division may cause a modification of
the development plan to ensure the retention of the maximum number of trees.
Should the applicant elect to alter the development plan in order to preserve
special trees or wooded areas in a natural state, the planninge; manager
may waive specific requirements to allow for flexibl'lity and innovation of design.
6. There shall be no clear cutting of trees of a six (6) inch diameter or
greater on undeveloped land for the purpose of preparing that site for future
' development.
5
C. Applicability. The requirements of this section shall be imposed in conjunction ,
with approval of subdivisions, short subdivisions, planned unit developments
development of undeveloped land and/or when a change in the area devoted to ,
parking and circulation is required by the Kent City Code. However, this section
does not apply to a permit for a single-family dwelling, unless restrictions on the ,
removal of significant trees on individual single-family lots have been imposed
through prior city approval.
D. Required Review. The city planning services division shall review the proposed '
removal of significant trees with each application within the applicability of this
section.
E. Retention of Significant Trees. '
1. Perimeter Landscaping Area. In the required perimeter landscaping
areas, as set forth in KCC 15.07, the applicant shall retain all significant trees
which will not constitute a safety hazard. Areas devoted to access and sight '
distance, and areas to be cleared for required roads, utilities, sidewalks, trails, or
storm drainage improvements are exempt from this requirement.
2. Site Interior. ,
a. In areas of the site other than the required perimeter
landscape area, the applicant shall retain a minimum 15 percent of the ,
diameter inches of the significant trees existing in this area, provided that
alder and cottonwood trees diameter inches shall be discounted by a
factor of 0.5. In applying the requirement for retention of significant ,
trees, the planning manager shall consider a prionty the preservation of
the following types of significant trees:
i. Healthy significant trees over 60 feet in height; ,
ii. Significant trees which form a continuous canopy;
iii. Significant trees which contribute to the character of the
environment, and do not constitute a safety hazard;
iv. Significant trees which provide winter wind protection or
summer shade; ,
v. Groups of significant trees which create a distinctive
skyline feature;
vi. Significant trees in areas of steep slopes or adjacent to ,
watercourses or wetlands.
b. The planning manager may approve retention of trees which
do not meet the definition of significant trees as a contribution toward the '
sum of the diameter inches required under subsection E.2.a of this section
if a group of trees and its associated undergrowth can be preserved.
3. Exemption. The provisions of this subsection which require retention ,
of significant trees are not applicable in any Downtown Land Use District.
4. Reduced Parking Bonus. If the proposed landscape plan incorporates
the retention of significant trees above that required by this section, the planning
manager may approve a reduction of up to 10 percent of the required number of
parking spaces if adequate parking will remain on the subject property, and if '
6 '
' land area for the required number of spaces remains available for future
development on the subject property.
iF. Alternative Tree Retention Option.
1. An applicant may request a modification of the tree retention
requirements set forth in subsection E.
2. The planning manager may administratively approve a modification of
the perimeter or interior tree retention requirements if:
a. The modification is consistent with the stated purpose of this
section; and
b. The modification proposal either:
i. Incorporates the retention of significant trees equal in
equivalent diameter inches or incorporates the increased retention
of significant trees and naturally occurring undergrowth beyond
' what would otherwise be required, or
ii. Incorporates the retention of other natural vegetation in
1 consolidated locations which promotes the natural vegetated
character of the site and neighborhood including use as pasture
land or for agricultural uses.
' 3. Where a modification proposal includes supplemental or replacement
trees in lieu of retention, the applicant shall utilize plant materials from the city's
List of Plants for the Pacific Northwest.
6G. Replacement of removed or damaged trees. Trees removed illegally from
undeveloped land or trees designated for retention which are damaged or
destroyed shall be replaced as follows:
1. One (1) existing tree at a six (6) inch diameter shall be replaced by two
(2) new trees.
2. For each additional three (3) inches of diameter, one (1) new
replacement tree shall be added, up to a maximum of six (6) trees.
3. Replacement deciduous trees shall be at least tree:ffi two (2) inches
in diameter at the time of planting. An evergreen shall be at least tyQ tc;'_-'_; six
' (6) to eight (8) feet in height.
' Zoning Code — Design Review
15.09.045 Administrative design review.
tC. Residential Design Review. In order to diminish the perception of bulk, and
provide visual interest along residential home facades that face public areas,
architectural design considerations shall be applied. Homes located within
subdivisions and short subdivisions created after the effective date of these
changes, or in subdivisions or short subdivisions altered to comply with the
proposed standards shall be subiect to residential design review. This design
review shall be applied administratively as part of the building permit review
process for each new home.
7
1. Orientation of Homes. The entry fagade of each dwelling unit shall be
generally oriented toward the highest classification street from which access to ,
the lot is allowed.
2. Attached units. A building that contains a grouping of attached units
shall not exceed a 200 foot maximum length and shall be separated from other
groups of attached units by a minimum 15 feet.
3. Architectural standards shall be incorporated as follows: ,
a. Each dwelling unit fagade that faces a public area shall
incorporate a minimum of two elements of fagade modulation and roofline
variation.
b. The maximum horizontal fagade length without one element of
either fagade modulation or roofline variation shall be twenty (20) feet.
4. Architectural detail element. Each facade oriented toward a public '
area shall provide a minimum of three architectural detail elements.
S. Garages. Dwelling units within subdivisions and short subdivisions
shall provide diminished garage doors according to the percentage and locations ,
approved with the subdivision and short subdivision.
GD. Multifamily design review. . ,
BE. Multifamily transition areas..
i=F. Mixed use design review...
FG. Appeals.. '
Subdivision Code — Type I and Type II Short Subdivisions
12.04.125 Principles of acceptability. (and) ,
12.04.435 Principles of acceptability.
No short subdivision shall be approved unless the following principles of
acceptability are met; the short subdivision shall:
7. Provide building lots and roadway access configured to support the '
construction of homes with diminished garage doors such that seventy (70)
percent of the new lots will support construction of and access to a garage in the '
rear portion of the lot accessed via a common driveway between lots; or a side
access garage; or a garage accessed via a rear alley; or a garage set back no
less than 10 feet from the front fagade of the home; or other design strategies
which similarly diminish the prominence of the garage and are approved by the
planning manager. Lots and roadways shall be configured such that at least two
of these options are supported in each new development. L
8. Provide landscape buffering along all frontage streets of the short
subdivision that do not provide the new lots with birh ct vehicular access.
9. Provide onsite recreation space.
8 ,
12.04.235 Standards for the subdivision of land and any dedications.
(and)
I12.04.545 Standards for the subdivision of land and any dedications.
D. Exterior street buffering: A minimum ten (10) feet wide perimeter strip of
Type II landscaping and associated fencing shall be provided along the short
subdivision perimeter where it is adjacent to a public or private roadway that
does not provide direct vehicular access to individual lots. The landscaping strip
shall include an automatic irrigation system sufficient to ensure survival of the
planted materials. Fencing constructed of wood, iron, masonry or other suitable
materials approved by the planning manager shall be located between the
landscaping strip and the short subdivision lots and shall be constructed of
consistent materials and configuration along the length of the street frontage.
' The fence and landscape strip shall be located in a separate tract and shall be
depicted on the final short subdivision map. Maintenance of the landscape strip
shall be the responsibility of a homeowners association or other entity approved
' by the City.
Subdivision Code — Subdivisions
12.04.685 Approval criteria.
A. A proposed subdivision and dedication shall not be approved unless the city
finds that:
1. Appropriate provisions have been made for:
1 e. Neighborhood tot lots and recreation areas;
n. Building lots and roadway access configured to support the
construction of homes with diminished garage doors such that seventy
' (70) percent of the new lots will support construction of and access to a
garage in the rear portion of the lot accessed via a common driveway
between lots; or a side access garage, or a garage accessed via a rear
alley; or a garage set back no less than 10 feet from the front fagade of
the home; or other design strategies which similarly diminish the
prominence of the garage and are approved by the planning manager.
Lots and roadways shall be configured such that at least two of these
options are supported in each new development.
o. Landscape buffering along all frontage streets of the
' subdivision that do not provide the new lots with direct vehicular access.
np. Other public utilities and services, as deemed necessary; and
12.04.745 Standards for the subdivision of land and any dedications.
L9
D. Exterior street buffering: A minimum ten (10) feet wide perimeter strip of '
Type II landscaping and associated fencing shall be provided along the
subdivision perimeter where it is adjacent to a public or private roadway that
does not provide direct vehicular access to individual lots. The landscaping strip
shall include an automatic irrigation system sufficient to ensure survival of the
planted materials. Fencing constructed of wood, iron, masonry or other suitable
materials approved by the planning manager shall be located between the
landscaping strip and the subdivision lots and shall be constructed of consistent ,
materials and configuration along the length of the street frontage. The fence
and landscape strip shall be located in a separate tract and shall be depicted on
the final plat. Maintenance of the landscape strip shall be the responsibility of a ,
homeowners association or other entity approved by the City.
Subdivision Code — Parks and open space requirements. ,
12.04.264.1 Parks and open space requirements. — add new section ,
12.04.580 Parks and open space requirements. — replace existing
section ,
12.04.780 Parks and open space requirements. — replace existing
section
A. Approval of all subdivisions and short subdivisions located in either single- ,
family residential or multifamily residential zones as defined in KCC Title 15,
Zoning, shall be contingent upon the subdivider's provision and development of ,
on-site recreation space or paying approved fees in lieu of these provisions to
the City, as necessary to mitigate the adverse effects of development upon the
existing park and recreation service levels. This requirement shall not apply to ,
lots of forty-three thousand five hundred (43,500) square feet or larger in size or
planned unit developments.
B. Residential subdivisions and short subdivisions shall provide recreation
space for leisure, play and sport activities as follows: 450 square feet per
dwelling unit.
C. Recreation space shall be placed in a designated recreation space tract or
tracts. The tract(s) shall be dedicated to a homeowners association or other
workable organization acceptable to the planning manager to provide continued
maintenance of the recreation space tract.
D. Recreation space located outdoors and not part of a storm water tract
developed in accordance with subsection E. of this section shall:
10
1. Be of a grade and surface suitable for recreation improvements and
have a maximum grade of five percent or as otherwise approved by the planning
manager and parks and community services director;
2. Be on the site of the proposed development unless otherwise
approved by the planning manager and parks and community services director;
3. Be located in an area where the topography, soils, hydrology and
other physical characteristics are of such quality as to create a flat, dry, obstacle-
free space in a configuration which allows for passive and active recreation;
4. Be centrally located or accessible and convenient to the majority of
residents within the development
5. Have good visibility from roads and sidewalks;
6. Have no dimensions less than thirty feet, except trail segments or
as otherwise approved by the planning manager and parks and community
services director;
7. Be located in one designated area, unless the planning manager
and parks and community services director determine that residents of large
subdivisions, townhouses and apartment developments would be better served
by multiple areas developed with recreation or play facilities;
8. If located adjacent to an existing or planned municipal, county or
regional park, public open space or trail system, the on-site recreation space
shall be accessible to the public facility via trail or walkway.
E. Recreation space shall be improved with both active and passive areas
designed for leisure play and sport activities. Play equipment or age appropriate
1 facilities as approved by the city parks and community services director shall be
provided within dedicated recreation space areas. Active recreation
improvements shall be included as follows:
1. For developments of twenty-five or less dwelling units, at least one
of the following recreation facilities shall be provided in addition to the tot lot or
children's play area:
a. playground equipment;
' b. sport court;
c. sport field;
d. tennis court; or
e. any other recreation facility proposed by the applicant and
approved by the parks and community services director;
2. For developments of twenty-six to fifty dwelling units, at least two
or more of the recreation facilities listed in subsection F.1. of this section shall be
provided; and
3. For developments of more than fifty dwelling units, at least one
1 additional recreation facility listed in subsection F.I. of this section shall be
provided for every twenty-five dwelling units.
11
F. In subdivisions, recreation areas that are contained within the on-site
storm water tracts, but are located outside of the one hundred year design water
surface, may be credited for up to fifty percent of the required square footage of '
the on-site recreation space requirement on a foot-per-foot basis, subject to the
following criteria:
1. The storm water tract and any on-site recreation tract shall be
contiguously located. At final plat recording, contiguous storm water and ,
recreation tracts shall be recorded as one tract and dedicated to the
homeowners association or other organization as approved by the planning
manager; I
2. Unless otherwise approved by the public works department, the
drainage facility shall be constructed to meet the following conditions:
a. The side slope of the drainage facility shall not exceed thirty-
three percent unless slopes are existing, natural and covered with
vegetation;
b. A bypass system or an emergency overflow pathway shall be
designed to handle flow exceeding the facility design and located so that it
does not pass through active recreation areas or present a safety hazard; ,
C. The drainage facility shall be landscaped and developed for
passive recreation opportunities such as trails, picnic areas and aesthetic
viewing; and ,
d. The drainage facility shall be designed not to require fencing
under the city's adopted surface water design manual.
G. When the tract is a joint use tract for a drainage facility and recreation '
space, the city is responsible for maintenance of the drainage facility only.
H. A recreation space plan shall be submitted to the public works department ,
and reviewed and approved with engineering plans. ,
1. The recreation space plans shall address all portions of the site that
will be used to meet recreation space requirements of this section, including the
drainage facility. The plans shall show dimensions, finished grade, equipment, ,
landscaping and improvements, as required by the planning manager and parks
and community services director, to demonstrate that the requirements of the
on-site recreation space or this chapter have been met. '
2. If engineering plans indicate that the on-site drainage facility or
storm water tract must be increased in size from that shown in preliminary
approvals, the recreation plans shall show how the required minimum recreation ,
space under this section will be met.
12.04.264.2 Recreation space - fees in lieu of.
12.04.582 Recreation space - fees in lieu of.
12.04.782 Recreation space - fees in lieu of. '
12
A. Except in the case of Short Subdivisions, the creation of on-site recreation
space shall be the preferred method of providing new development with
' opportunities for leisure, play and sports activities. For Short Subdivisions,
payment of the fee-in-lieu of dedication shall be preferred. In Subdivisions,
applicants shall to the best of their ability endeavor to provide recreation space
on the project site. However, if on-site recreation space is not provided in
accordance with this chapter, the applicant shall pay a fee-in-lieu of actual
recreation space if approved by the city. Acceptance of a fee-in-lieu payment is
discretionary. A fee-in-lieu of on-site recreation space may be permitted if the
recreation space is provided within a city park in the vicinity and will be of
greater benefit to the prospective residents of the development.
B. Unless a subdivider dedicates land and constructs improvements in
1 accordance with this section in order to mitigate the direct impacts identified as a
consequence of the proposed development, the city's final approval of the
subdivision shall be contingent upon payment of a park development fee from
' the subdivider to the city. The fee in lieu of land dedication for parks and open
space shall be determined by multiplying the following two (2) factors:
1. One hundred fifty (150) percent of the average assessed value per unit
area of land within the boundaries of the subdivision; and
2. The gross land area within the subdivision multiplied by five (5) percent
as set forth in subsection (C) of this section. The average assessed value shall
be that for the year in which the subdivision is granted preliminary plat approval.
Computations shall be based upon King County assessor information.
1 The fee in lieu of dedication shall be held in a reserve account at the city, and
may only be expended to fund a capital improvement that has been agreed upon
by the parties to mitigate the identified, direct impact of the development. The
payment shall be expended in all cases within five (5) years of collection.
1 3. Any payment of fees made pursuant to this section that have not been
expended within five (5) years of collection shall be refunded with interest at the
rate applied to judgments to the property owners of record at the time of the
I refund. If the payment is not expended within five (5) years due to delay
attributable to the developer, the payment shall be refunded without interest.
4. Appeals of dedication requirements or fees in lieu of dedication
imposed pursuant to this section shall be governed by the provisions of Ch. 2.32
KCC.
12.04.264.3 On-site recreation - Maintenance of recreation space or
dedication.
12.04.583 On-site recreation - Maintenance of recreation space or
dedication.
12.04.783 On-site recreation - Maintenance of recreation space or
dedication.
1
13
A. Recreation space that meets the criteria of this chapter may, at the discretion
of the parks and community services director, be dedicated as a public park In
lieu of providing the on-site recreation required under KCC 12.04.780 if the
following criteria are met:
1. The dedicated area is at least ten acres in size, unless when adjacent to ,
an existing or planned county or city park;
2. The dedicated land provides one or more of the following:
a. shoreline access; ,
b. regional trail linkages;
c. habitat linkages;
d. recreation facilities; or
e. heritage sites; and
3. The dedicated area is located within one mile of the project site.
B. Unless the recreation space Is dedicated to the city in accordance with
subsection A of this section, maintenance and Irrigation of any recreation space
retained In private ownership shall be the responsibility of the owner or other
separate entity capable of long-term maintenance and operation in a manner
acceptable to the parks and community services director.
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PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
JANUARY 8, 2007
Committee Members: Chair Ron Harmon, Tim Clark, Elizabeth Albertson Chair Harmon
called the meeting to order at 5.15 p.m.
Approval of Minutes:
Albertson MOVED and Clark SECONDED a MOTION to APPROVE the minutes of
November 20, 2006. Motion PASSED 3-0.
#ZCA-2006-3 Residential Development Standards
1 Community Development Director Fred Satterstrom described how staff engaged the public and
development community to garner their input on this project. He stated that these residential
development standards will form the basis for improving single family development in Kent.
Planner Matt Gilbert stated that he began to work on the Residential Development Standards in
April 2006 The project was initiated by City Council's desire that neighborhood development
include mixed housing types, better aesthetics, neighborhood identity, and connectivity with a
less isolated feeling of auto-dominated neighborhoods comprised of boxy or plain housing
developments.
Gilbert stated that staff held a series of public workshops, discovering that the concerns voiced
by the City Council and the public correlated. He stated that staff spoke with the development
community who assisted them in identifying the need to incorporate workability, simplicity
flexibility.
Gilbert stated that the Land Use and Planning Board recommended approval of Option #2,
(Flexibility with Safeguards) adding amendments with the intent to address the public's and
Council's concerns. He summarized Option #2 which includes a built-in design review process.
Gilbert stated that staff is recommending that specific architectural standards code language be
codified; to include language that focuses on the facades of buildings facing public areas
without being overly prescriptive. Gilbert stated that staff has tried to increase the level of
aesthetic treatment in those areas where houses face streets, sidewalks, parks or other public
areas.
Gilbert stated that roofline variation and facade modulation regulations require a change to the
roofline or fapade every 20 feet, which will lead to more detail and better designed buildings.
Gilbert stated that staff recommended that elements such as Fn/Sfl type uarlations, shutters,
and trim-wrapped window elements be applied to those facades as well; to help define them
and present a more aesthetically pleasing look to the houses.
Gilbert stated that the Land Use and Planning Board recommended that new residential
developments require 60 percent diminished garages. He spoke about tree preservation
standards and buffering along arterial roads around subdivisions.
' Gilbert stated that in speaking to developers, every square foot of ground is important to the
economics of development. He stated that the City currently requires land to be set aside for
purposes other then building homes, such as storm ponds, roads, wetlands, streams and
buffers, comprising around 30% of the site (excluding wetlands). He stated that any additional
land intensive requirements imposed on development would take away more buildable land.
PEDC Minutes
010807
Page 1 of 3
Gilbert stated that staff proposes 450 square feet per housing unit be dedicated to a centralized
open space for developments of ten lots or more, balancing the open space requirement with ,
flexibility. Gilbert stated that staff proposes to decrease the minimum lot width standard and
allow for more flexibility in lot configuration. He stated that this proposal is not suggesting
density revisions in any of the zoning districts. Gilbert presented scenarios illustrating how
flexibility leads to variety in housing with the potential for developing cottage housing,
multifamily, duplexes, clustered housing, townhomes and condominiums.
Chair Harmon opened the floor for those wishing to speak to this issue.
GARRETT HUFFMAN, MASTER BUILDERS ASSOCIATION, 335 116T" AVENUE SE, BELLEVUE, WA stated that
their Association favors Option #2 for its flexible and moderate stance. He stated that the
Association would prefer a 50 percent diminished garage standard.
HANS KORVE, DMP ENGINEERING, 726 AUBURN WAY N, AUBURN, WA demonstrated how a development
could be constructed based on property unencumbered with either trees or wetlands with the
proposed development standards. He stated that he endorses Option 2 as the least restrictive
choice and asked that staff not change the setback standards so that builders can retain the 5-
foot side yard widths.
TOM SHARP, 24254 143RD AVENUE SE, KENT, WA illustrated a proposed PUD project where 22 homes
would be constructed on a 5 acre parcel with a zoning of 4.5 under current development
standards. He stated that 90% of the homes in this proposed development have diminished
garages on lots ranging from 4200 to 11,800 square feet. He stated that this was accomplished
by creating shared driveways, detached, rear-loaded, or setback garages. He stated that if the
proposed ordinance were in affect, 25 homes could be constructed on this property.
PAUL MORFORD, POST OFFICE Box 6345, KENT, wA 98064 voiced concerns over the costs that would
be passed on to the consumer. He stated that not everyone can afford to purchase big houses.
He encouraged the city to consider developing a demonstration project. He stated that the
majority consensus supports Option 2 as the best. He stated that he would prefer to see
diminished garages reduced to 50 percent.
Elizabeth Albertson MOVED and Tim Clark SECONDED a Motion to close the Public Hearing.
Motion PASSED 3-0.
After the Committee and staff deliberated, Tim Clark MOVED and Elizabeth Albertson
SECONDED a Motion to recommend approval of the proposed changes to the Kent Subdivision
Code and Kent Zoning Code described in Option #2 as amended by the LUPB and to send this
on to the Full Council for consent. Motion PASSED 3-0.
Ron Harmon MOVED and Elizabeth Albertson SECONDED a Motion amending the original Motion
in terms of side-yard and rear-yard minimum size as stated in Option #3. Motion PASSED 3-0.
Tim Clark MOVED and Elizabeth Albertson SECONDED a Motion amending the original Motion
under Mixed Housing types, to include the 25 percent duplex structures from Option 1. Motion t
PASSED 3-0.
Elizabeth Albertson MOVED and Ron Harmon SECONDED a Motion amending the original
motion to adopt Option 2 by changing diminished garages from 60 to 70 percent. Motion
PASSED 2-1 with Member Clark OPPOSED.
PEDC-Minutes
January 8, 2007
Page 2 of 3
Tim Clark MOVED and Elizabeth Albertson SECONDED a Motion to accept the main motion as
amended and send this on to consent calendar Motion PASSED 3-0.
Ron Harmon MOVED and Elizabeth Albertson SECONDED a Motion with a friendly amendment
to ADD language "and city" where there is reference to County Parks. Motion PASSED 3-0.
Ron Harmon MOVED and Elizabeth Albertson SECONDED a Motion to accept and forward all
amendments and the main motion as stated for the record on to consent calendar. Motion
PASSED 3-0.
Community Development Director Fred Satterstrom stated that this issue will go to the City
Council Workshop on Tuesday January 16`n
#CPA-2006-5 RECONCILING SINGLE FAMILY ZONING & LD USE DESIGNATIONS
Planner Gloria Gould-Wessen described this project as one of several annual Comprehensive
■ Plan Amendments, to be heard before City Council by March 31". This project follows the
Urban Density Study completed about one year ago, giving staff some latitude by providing us a
Inew designation of SF-4.5.
Ms. Gould-Wessen stated that this project consists of two docket items; Dkt-2006-3: submitted
by Lake Meridian Community Association to lower land use and zoning density around Lake
Meridian to 3 du/acre, based on their concerns with water quality and the amount of water
flowing into the lake in terms of flooding; and Dkt-2006-4 submitted by Planning Services in
recognition of Council's concerns with the number of rezone requests.
Ms. Gould-Wessen stated that staff is exploring a range of land use and zoning options. Staff
will analyze existing environmental conditions in relationship to environmental regulations, at
the same time looking at infrastructure in relationship to relevant regulations Staff will conduct
public outreach forums to engage property owners.
Ms. Gould-Wessen stated that 4700 brochures were mailed out to the community inviting them
to three open house meetings, tailoring them such that property owners were given their
specific zoning and land use.
Ms. Gould-Wessen stated that that there are approximately 4500 parcels affected by this
t reconciliation land use study; including parcels with mapping errors, split zoning, and parcels
that are zoned lower than their land use designation.
Adiournment
Chair Harmon adjourned the meeting at 6:25 p.m.
Pamela Mottram
Admin Secretary, Planning Services
5 IP~IP/anlPba n9fanmrt [2X71Mmutes1010807PEPCmm doc
PEDC-Minutes
January 8, 2007
Page 3 of 3
]anuary 8, 2007
PEDC COMMUNITY DEVELOPMENT
r Meeting Packet Fred N. Satterstrom, AICP, Director
1 KEN T PLANNING SERVICES
Charlene Anderson, AICP, Manager
WASHINGTON
Phone: 253-856-5454
Fax: 253-856-6454
Address, 220 Fourth Avenue S.
Kent, WA 98032-5895
December 28, 2006
To: Chair Ron Harmon and Planning & Economic Development Committee Members
From: Matt Gilbert, AICP, Planner
Subject: Residential Design Standards Update
MOTION: I move to recommend/not recommend the proposed changes to the
Kent Subdivision code and Kent Zoning code described in Option #2 as amended
and recommended by the Land Use and Planning Board.
SUMMARY: Following its December 11`h, 2006 public hearing, the Land Use and Planning
Board recommended changes to Kent's Subdivision code and Zoning code — specifically an
amended Option 2 as presented by staff. Through a series of prior workshops and public
hearings, staff presented three packages of options for addressing concerns expressed by the
City Council and public regarding residential development. At the hearings, testimony was
received from citizens, design professionals, builders and developers.
BUDGET IMPACTS: None
1 BACKGROUND: Since April 2006, staff has worked extensively with a number of stakeholders
to address issues related to residential development as identified by the City Council. Because
regulations which control residential development are located in a number of codes that are
administered by several departments, the effort to craft appropriate code changes is necessarily
segmented. The current recommendations relate to the City's Subdivision code and Zoning
code and represent a substantial first step in the larger effort. Changes to a number of Public
Works standards are likely to be presented in the first half of 2007.
Through the workshops and public hearings held by the Land Use and Planning Board, staff
presented three option packages for consideration, and recommended approval of Option #2,
Flexibility with Safeguards. This package of changes represents an effort to require valuable
amenity features and aesthetic considerations in new neighborhoods, balanced with flexibility in
standards for lot area and configuration. The only substantial difference between the LUPB
recommendation and staffs original recommendation lies in the degree to which home builders
would be required to provide diminished garages within new neighborhoods -- staff had
recommended 70% of new homes provide this visual amenity, while the LUPB found 60% to be
appropriate.
MG/pm 5/Permit/P/an/ZONECODEAMEN0/1006/ZC4 1006-3 ResDevStd5/ZC410063 1 8 07PEDCmemo doc
' Eric Matrix, Proposed Code amendments, LUPB minutes 12/11/06&11/13/06, 11/20/06 staff memo, 11/13/06 LUPB packet
cc Charlene Anderson,AICP, Planning Manager
Fred N Satterstrom,AICP, CD Director
Parties of Interest
Project File
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Residential Development Standards - Proposed Amendments
January 8, 2007
(Bolded double strikeouts and underlines indicate changes by LUPB)
Zoning Code — Definitions — All Options
15.02.026 Architectural detail element.
Arch/tectural detail element means contrasting trim at least five and one-half (5-
1/2) inches wide around the doors and windows of a facade; window shutters;
minimum fifty (50) sguare feet and 5 feet deep covered area around a point of
entry; minimum three (3) feet deep eaves; minimum of two (2) distinct finish
materials used on a facade, not including trim material; balconies; or other
methods approved by the planning manager which diminish the perception of
bulk and provide visual interest along home facades facing public areas.
1 15.02.096 Density, maximum permitted.
Max1mum permitted density refers to the maximum number of single-fail
dwelling units permitted per acre.FeF f;aetie„s of an affe,
peFffl tted dens ty shall be pr-epettienal te the size ef the let. FeF exafflple, where
the ffiaxiffluFn peitn9itted density is six (6) single fangily dwelling units peF aeFe,
the maximum peFmitted density eFi ene half (!/�) aere is thizee (3) single family
dwelling an4s, subject to lot size and other development standards of Ch. 15.04
KCC. When determining_the allowed number of units for a subdivision or short
subdivision, all site area may included in the calculation. If calculations result
in a fraction, the fraction shall be rounded to the nearest whole number as
follows: fractions above 0.50 shall be rounded up, fractions of 0.50 and below
shall be rounded down.
15.02.106 Diminished garage door.
Diminished garage door means a garage in the rear portion of the lot accessed
via a common driveway between lots; or a side access garage where the front
facade facing a public area is finished with a window or other architectural
feature; or a garage accessed via a rear alley; or a garage set back no less than
10 feet from the front facade of the home; or other design strategies which
similarly diminish the prominence of the aaraae and are approved by
e planning manager.
t15.02.134 Facade modulation.
Facade modulation means a horizontal stepping back or projecting forward of
portions of a building facade. The minimum modulation depth shall be 3 feet,
and the minimum modulation width shall be 8 feet.
1 15.02.335.1 Public area.
Public area means public or private roadways, pedestrian paths, parks, open
spaces or other common spaces.
15.02.340.1 Roofline variation.
Roofline variation means a vertical offset in ridge line; horizontal offset in ridge
line; variations of roof pitch; gables; or any other similar technique approved by
the planning manager. The minimum horizontal or vertical offset shall be 3 feet,
and the minimum variation length shall be 8 feet.
15.02.499.1 Special life safety measures.
S,oeciallife safetymeasures means upper story rescue windows accessible from
the front and rear of a home; or a Fire Department-approved automatic fire
suppression system.
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Zoning Code — Land Uses — Differentiation among options is indicated.
15.04.020 Residential land uses.
ZONING DISTRICTS
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ONE MODULAR HOME P P P P P P p p P P P P p
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27 27 (27.) 1(22)
MULTIFAMILY P* P. P* P(19) P(19) P P P
TOWNHOUSE UNITS (27)* (27)* (27)- (20) (20)
MULTIFAMILY P (26) P(26) P P P
DWELLINGS
1 MULTIFAMILY
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t T rr ew ....��1-_m ®.m^W:ry Ertllt t4rttd.' t.r}!t imuRa ut£S..rt al^ Bttfi lRt" '<ftSa ......... Sn..... ....... ....... tWRJ
*Options 2 and 3 only
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15.04.030 Residential land use development conditions.
27. Within subdivisions, as defined by KCC 12.04.025 and created after
ORDINANCE DATE or altered to comply with zoning and subdivision code
amendments effective on or after ORDINANCE DATE, 25% of the total
number of permitted dwelling units may be ..
... (duplex structures. — Option 1)
... (duplex, triplex or fourplex townhouse structures. — Option 2)
(duplex or triplex townhouse structures. — Option 3).
15.04.170 Agricultural and residential zone development standards.
Change the matrix as follows in SR-4.5, SR-6 and SR-8 zoning districts:
Minimum lot area: Add note 37
Side Yard: Option 1 — Keep 5 feet and add (38)
Options 2 and 3 - Delete 5 feet. Add 8 feet and (38)
Rear Yard: 10 feet
Additional Standards: Add Note 39
15.04.180 Agricultural and residential land use development standard
conditions.
O0otion 1:
37. Within subdivisions as defined by KCC 12.04.025 and created after
ORDINANCE DATE or altered to comply with zoning and subdivision code
amendments effective on or after ORDINANCE DATE, the minimum lot size shall
be 3,000 square feet. Lot width requirements of the underlying zoning_district
shall apply and shall exclude any easement area.
38. Fire department approval is required for 5-foot side yards. The sum total
of both side yards shall be a minimum 16 feet.
39. The residential design review standards of KCC 15.09.045U shall apply
within subdivisions and short subdivisions created after ORDINANCE DATE.
Option 2:
37. For subdivisions and short subdivisions created after ORDINANCE DATE or
altered to comply with zoning and subdivision code amendments effective
on or after ORDINANCE DATE, the minimum lot size shall be 3,000 square
feet. Minimum lot width shall be measured by scaling a 30-foot diameter
circle within the boundaries of the lot, provided that easement areas may
not be included in the required 30-foot diameter circle. The lot frontage
along private or public streets shall be a minimum 20 feet in width.
Minimum driveway separation shall be 10 feet. Shared driveways are
permitted.
38. Side yard may be reduced to 5 feet with special life safety measures.
39. The residential design review standards of KCC 15.09.045(C) shall apply
to subdivisions and short subdivisions created after ORDINANCE DATE or
altered to comply with zoning and subdivision code amendments effective
on or after ORDINANCE DATE.
Option 3:
37. For subdivisions and short subdivisions created after ORDINANCE DATE or
altered to comply with zoning and subdivision code amendments effective
on or after ORDINANCE DATE, the average lot size shall be 3,000 square
feet. Minimum lot width shall be measured by scaling a 30-foot diameter
circle within the boundaries of the lot, provided that easement areas may
not be included in the required 30-foot diameter circle. The lot frontage
along private or public streets shall be a minimum 20 feet in width.
Minimum driveway separation shall be 10 feet. Shared driveways are
I permitted.
38. Fifty 50) percent of the lots within subdivision and short subdivisions
created after ORDINANCE DATE or altered to comply with zoning and
subdivision code amendments effective on or after ORDINANCE DATE
may have minimum 5 feet side yards when special life safety measures
are provided. The sum total of both side yards for the remaining fifty
(50) percent of the lots shall be a minimum 16 feet.
39. The residential design review standards of KCC 15.09.045(C) shall apply
T to subdivisions and short subdivisions created after ORDINANCE DATE or
altered to comply with zoning and subdivision code amendments effective
on or after ORDINANCE DATE.
Zoning Code — Landscaping — All Options
15.07.040 General landscape requirements for all zones.
W. The perimeter of all storm water detention ponds shall be landscaped to a
minimum depth of 10 feet of Type II landscaping. If perimeter fencing is
required based on Public Works standards,
it shall be constructed of vinyl coated chain link or solid screen fencing. The
fencing shall be located between the pond and the landscape area.
jZoning_Code — Tree Preservation — All Options
15.08.240 Preservation of trees.
A. Purpose. Retention of significant trees as required by this section is necessary
to maintain and protect property values, to enhance the visual appearance of the
city, to preserve the natural wooded character of the area, to promote utilization
of natural systems, to reduce the impacts of development on the storm drainage
system, and to provide a transition between various land uses in the city.
B. Regulations Application of regulations for the preservation of significant
trees is as follows:
1. On all undeveloped property in the city, all trees of a six (6) inch
caliper or greater shall be retained on the property where they are growing.
2. Where it is not feasible to retain all trees on the site due to the
proposed development, a site specific tree plan, drawn to scale, shall be
prepared. The tree plan shall indicate the species of tree and precise location of
all trees of a six (6) inch caliper or greater on the site in relation to proposed
buildings, streets, parking areas, storm drainage facilities, and utilities. Trees to
be retained pursuant to this section shall be marked by encircling the tree with a
stripe of non-toxic paint of a color and type sufficient to remain visible during
onsite construction activity. Trees to be retained shall be protected during
construction, and the dripline shall be delineated with boundary markers. No
grade changes or storage or materials shall be allowed within the tree dripline.
Drainage patterns shall not be significantly altered that may be detrimental to
the subject trees.
3. The tree plan and photograph of the trees on the property shall be
submitted to the city planning depaftmeetservices division for its review prior to
the issuance of a zoning or building permit.
4. The planning depaftmerttservices division shall review the tree plan in
relation to the proposed development and make a determination of which trees
will be permitted to be removed.
5. The planning depai4ffie+4services division may cause a modification of
the development plan to ensure the retention of the maximum number of trees.
Should the applicant elect to alter the development plan in order to preserve
special trees or wooded areas in a natural state, the planning diFecter manager
may waive specific requirements to allow for flexibility and innovation of design.
6. There shall be no clear cutting of trees of a six (6) inch diameter or
greater on undeveloped land for the purpose of preparing that site for future
development.
C. Applicability. The requirements of this section shall be imposed in conjunction
with approval of subdivisions, short subdivisions, planned unit developments,
development of undeveloped land, and/or when a change in the area devoted to
parking and circulation is required by the Kent City Code. However, this section
does not apply to a permit for a single-family dwelling, unless restrictions on the
removal of significant trees on individual single-family lots have been imposed
through prior city approval.
D. Required Review. The city planning services division shall review the proposed
removal of significant trees with each application within the applicability of this
section.
E. Retention of Significant Trees.
1. Perimeter Landscaping Area. In the required perimeter landscaping
areas, as set forth in KCC 15.07, the applicant shall retain all significant trees
which will not constitute a safety hazard. Areas devoted to access and sight
r
distance and areas to be cleared for required roads, utilities, sidewalks, trails, or
storm drainage improvements are exempt from this requirement.
2. Site Interior.
a. In areas of the site other than the required perimeter
landscape area the applicant shall retain a minimum 15 percent of the
diameter inches of the significant trees existing in this area, provided that
alder and cottonwood trees diameter inches shall be discounted by a
factor of 0.5. In applying the requirement for retention of significant
trees, the planning manager shall consider a priority the preservation of
the following types of significant trees:
i. Healthy significant trees over 60 feet in height;
ii. Significant trees which form a continuous canopy;
iii. Significant trees which contribute to the character of the
environment, and do not constitute a safety hazard;
iv. Significant trees which provide winter wind protection or
summer shade;
v. Groups of significant trees which create a distinctive
skyline feature
vi. Significant trees in areas of steep slopes or adjacent to
watercourses or wetlands.
b. The planning manager may approve retention of trees which
do not meet the definition of significant trees as a contribution toward the
sum of the diameter inches required under subsection E.2.a of this section
if a group of trees and its associated undergrowth can be preserved.
3. Exemption. The provisions of this subsection which require retention
of significant trees are not applicable in any Downtown Land Use District.
4. Reduced Parking Bonus. If the proposed landscape plan incorporates
the retention of significant trees above that required by this section, the planning
manager may approve a reduction of up to 10 percent of the required number of
parking spaces if adequate parking will remain on the subject property, and if
land area for the required number of spaces remains available for future
development on the subject property.
F. Alternative Tree Retention Option.
1. An applicant may request a modification of the tree retention
requirements set forth in subsection E.
2. The planning manager may administratively approve a modification of
the perimeter or interior tree retention requirements if:
a. The modification is consistent with the stated purpose of this
section; and
b. The modification proposal either:
i. Incorporates the retention of significant trees equal in
equivalent diameter inches or incorporates the increased retention
of significant trees and naturally occurring undergrowth beyond
what would otherwise be required, or
ii. Incorporates the retention of other natural vegetation in
consolidated locations which promotes the natural vegetated
character of the site and neighborhood including use as pasture
land or for agricultural uses.
3. Where a modification proposal includes supplemental or replacement
trees in lieu of retention, the applicant shall utilize plant materials from the city's
List of Plants for the Pacific Northwest.
GG. Replacement of removed or damaged trees. Trees removed illegally from
undeveloped land or trees designated for retention which are damaged or
destroyed shall be replaced as follows:
1. One (1) existing tree at a six (6) inch diameter shall be replaced by two
(2) new trees.
2. For each additional three (3) inches of diameter, one (1) new
replacement tree shall be added, up to a maximum of six (6) trees.
3. Replacement deciduous trees shall be at least
inches in diameter at the time of planting. An evergreen shall be at least ova
fW to eight (8) feet in height.
Zoning Code — Design Review j
15.09.045 Administrative design review.
C. ResidentiaiDesIgn Review. In order to diminish the perception of bulk, and
provide visual interest along residential home facades that face public areas,
architectural design considerations shall be applied. Homes located within
subdivisions and short subdivisions created after the effective date of these
changes, or in subdivisions or short subdivisions altered to comply with the
proposed standards shall be subject to residential design review. This design
review shall be applied administratively as part of the building permit review
process for each new home.
1. Orientation of Homes. The entry fagade of each dwelling unit shall be
generally oriented toward the highest classification street from which access to
the lot is allowed.
2. Attached units. A building that contains a grouping of attached units
shall not exceed a 200 foot maximum length and shall be separated from other
groups of attached units by a minimum 15 feet.
3. Architectural standards shall be incorporated as follows:
a. Each dwelling unit facade that faces a public area shall
incorporate a minimum of two elements of fagade modulation and roofline
variation.
b. The maximum horizontal fagade length without one element of
either fagade modulation or roofline variation shall be twenty (20) feet. ■
4. Architectural detail element. Each facade oriented toward a public
area shall provide a minimum of three architectural detail elements.
5. Garages. Dwelling units within subdivisions and short subdivisions
shall provide diminished garage doors according to the percentage and locations
approved with the subdivision and short subdivision.
GD. Multifamily design review. .
BE. Multifamily transition areas.
EF. Mixed use design rewew...
FG. Appeals.
Subdivision Code — Type I and Type II Short Subdivisions
12.04.125 Principles of acceptability. (and)
12.04.435 Principles of acceptability.
No short subdivision shall be approved unless the following principles of
acceptability are met; the short subdivision shall:
7. Provide building lots and roadway access configured to support the
construction of homes with diminished garage doors such that ..
.(fifty (50) percent — Options 1 and 3)
.( # sixty (60) percent — Option 2)
of the new lots will support construction of and access to a garage in the rear
portion of the lot accessed via a common driveway between lots; or a side
access garage; or a garage accessed via a rear alley; or a garage set back no
less than 10 feet from the front facade of the home; or other desig
ich similarly diminish the prominence of the garage an
are approved by the planning manager. Lots and roadways shall be
configured such that at least two of these options are supported in each new
development.
8. Provide landscape buffering along—all frontage streets of the short
subdivision that do not provide the new lots with direct vehicular access.
9. Provide onsite recreation space.
12.04.235 Standards for the subdivision of land and any dedications.
(and)
12.04.545 Standards for the subdivision of land and any dedications.
D. Exterior street buffering: A minimum ten (10) feet wide perimeter strip of
Type II landscaping and associated fencing shall b6 provided along the short
subdivision perimeter where it is adjacent to a public or private roadway that
does not provide direct vehicular access to individual lots. The landscaping strip
shall include an automatic irrigation system sufficient to ensure survival of the
planted materials. #fencing constructed of wood, iron, masonry or
other suitable materials approved by the planning manager shall be
located between the landscaping strip and the short subdivision lots and shall be
constructed of consistent materials and configuration along the length of the
street frontage. The fence and landscape strip shall be located in a separate
tract and shall be depicted on the final short subdivision map. Maintenance of
the landscape strip shall be the responsibility of a homeowners association or
other entity approved by the City.
Subdivision Code — Subdivisions
12.04.685 Approval criteria.
A. A proposed subdivision and dedication shall not be approved unless the city
finds that:
1. Appropriate provisions have been made for:
e. Neighborhood tot lots and playrecreation areas;
n. Building lots and roadway access configured to support the
construction of homes with diminished garage doors such that.
...fifty (50)percent — Options 1 and 3
ixty (60) percent — Option 2
of the new lots will support construction of and access to a garage in the
rear portion of the lot accessed via a common driveway between lots; or a
side access garage; or a garage accessed via a rear alley; or a garage set
back no less than 10 feet from the front facade of the home;
design strategies which similarly diminish the prominence of the
garage and are approved by the planning manager. Lots and
roadways shall be configured such that at least two of these options are
supported in each new development.
o. Landscape buffering along all frontage streets of the
subdivision that do not provide the new lots with direct vehicular access.
ep. Other public utilities and services, as deemed necessary; and
12.04.745 Standards for the subdivision of land and any dedications.
D. Exterior street buffering: A minimum ten (10) feet wide perimeter strip of
Type II landscaping and associated fencing shall be provided along the
subdivision perimeter where it is adjacent to a public or private roadway that
does not provide direct vehicular access to individual lots. The landscaping strip
shall include an automatic irrigation system sufficient to ensure survival of the
planted materials. !jencina constructed of wood iron masonry or
other suitable materials approved by the planning manager shall be
located between the landscaping strip and the subdivision lots and shall be
constructed of consistent materials and configuration along the length of the
street frontage. The fence and landscape strip shall be located in a separate
tract and shall be depicted on the final plat. Maintenance of the landscape strip
shall be the responsibility of a homeowners association or other entity approved
by the City.
Subdivision Code — Parks and open space requirements.
12.04.264.1 Parks and open space requirements. — add new section
12.04.580 Parks and open space requirements. — replace existing
section
12.04.780 Parks and open space requirements. — replace existing
section
A. Approval of all subdivisions and short subdivisions located in either single-
family residential or multifamily residential zones as defined in KCC Title 15,
Zoning, shall be contingent upon the subdivider's provision and development of
on-site recreation space or paying approved fees in lieu of these provisions to
the City, as necessary to mitigate the adverse effects of development upon the
existing park and recreation service levels. This requirement shall not apply to
lots of forty-three thousand five hundred (43,500) square feet or larger in size or
planned unit developments.
B. Residential subdivisions and short subdivisions shall provide recreation
space for leisure, play and sport activities as follows:...
...twenty (20) percent of the total area of the proposed subdivision or 4,500
square feet, whichever is greater. — Option 1
...450 square feet per dwelling unit. — Option 2
...700 square feet per dwelling unit. — Option 3
C. Recreation space shall be placed in a designated recreation space tract or
tracts. The tract(s) shall be dedicated to a homeowners association or other
workable organization acceptable to the planning manager to provide continued
maintenance of the recreation space tract.
D. ...(Except as noted in section E below, - place introductory clause in
Option 1 only) .
Recreation space located outdoors and not part of a storm water tract
developed in accordance with subsection F. of this section shall:
1
1. Be of a grade and surface suitable for recreation improvements and
have a maximum grade of five percent or as otherwise approved by the planning
manager and parks and community services director;
2. Be on the site of the proposed development unless otherwise
approved by the planning manager and parks and community services director;
3. Be located in an area where the topography, soils, hydrology and
other physical characteristics are of such quality as to create a flat, dry, obstacle-
free space in a configuration which allows for passive and active recreation;
4. Be centrally located or accessible and convenient to the majority of
residents within the development
5. Have good visibility from roads and sidewalks;
6. Have no dimensions less than thirty feet, except trail segments or
as otherwise approved by the planning manager and parks and community
services director;
7. Be located in one designated area, unless the planning manager
and parks and community services director determine that residents of large
subdivisions, townhouses and apartment developments would be better served
by multiple areas developed with recreation or play facilities;
8. If located adjacent to an existing or planned municipal, county or
regional park, public open space or trail system, the on-site recreation space
shall be accessible to the public facility via trail or walkway.
. .(E. Fifty (50) percent of the required recreation space may be encumbered
by streams, wetlands steep slopes and/or buffers associated with these features.
— Option 1 only) ...
F. Recreation space shall be improved with both active and passive areas
designed for leisure play and sport activities. Play equipment or age appropriate
facilities as approved by the city parks and community services director shall be
provided within dedicated recreation space areas. Active recreation
improvements shall be included as follows:
1. For developments of twenty-five or less dwelling units, at
least one of the following recreation facilities shall be provided in addition to the
tot lot or children's play area:
a. playground equipment;
b. sport court;
c. sport field;
d. tennis court; or
e. any other recreation facility proposed by the applicant and
approved by the parks and community services director;
2. For developments of twenty-six to fifty dwelling units, at least two
or more of the recreation facilities listed in subsection F.I. of this section shall be
provided; and
i
3. For developments of more than fifty dwelling units, at least one
additional recreation facility listed in subsection F.I. of this section shall be
provided for every twenty-five dwelling units.
G. In subdivisions, recreation areas that are contained within the on-site
storm water tracts, but are located outside of the one hundred year design water
surface, may be credited for up to fifty percent of the required square footage of
the on-site recreation space requirement on a foot-per-foot basis, subject to the
following criteria:
1. The storm water tract and any on-site recreation tract shall be
contiguously located. At final plat recording, contiguous storm water and
recreation tracts shall be recorded as one tract and dedicated to the
homeowners association or other organization as approved by the planning
manager;
2. Unless otherwise approved by the public works department, the
drainage facility shall be constructed to meet the following conditions:
a. The side slope of the drainage facility shall not exceed thirty-
three percent unless slopes are existing, natural and covered with
vegetation;
b. A bypass system or an emergency overflow pathway shall be
designed to handle flow exceeding the facility design and located so that it
does not pass through active recreation areas or present a safety hazard;
C. The drainage facility shall be landscaped and developed for
passive recreation opportunities such as trails, picnic areas and aesthetic
viewing; and
d. The drainage facility shall be designed not to require fencing
under the city's adopted surface water design manual.
H. When the tract is a joint use tract for a drainage facility and recreation
space, the city is responsible for maintenance of the drainage facility only.
I. A recreation space plan shall be submitted to the public works department
and reviewed and approved with engineering plans.
1. The recreation space plans shall address all portions of the site that
will be used to meet recreation space requirements of this section, including the
drainage facility. The plans shall show dimensions, finished grade, equipment,
landscaping and improvements, as required by the planning manager and parks
and community services director, to demonstrate that the requirements of the
on-site recreation space or this chapter have been met.
2. If engineering plans indicate that the on-site drainage facility or
storm water tract must be increased in size from that shown in preliminary
approvals, the recreation plans shall show how the required minimum recreation
space under this section will be met.
12.04.264.2 Recreation space - fees in lieu of.
12.04.582 Recreation space - fees in lieu of.
12.04.782 Recreation space - fees in lieu of.
A. Except in the case of ..
. (Type I Short Subdivisions, - Option 1)
...(Short Subdivisions, - Options 2 and 3)
the creation of on-site recreation space shall be the preferred method of
providing new development with opportunities for leisure, play and sports
activities. For ..
...(Type I Short Subdivisions, - Option 1)
...(Short Subdivisions, - Options 2 and 3)
payment of the fee-in-lieu of dedication shall be preferred. In ...
(Type II Short Subdivisions and Subdivisions, - Option 1)
(Subdivisions, - Options 2 and 3)
applicants shall to the best of their ability endeavor to provide recreation space
on the project site. However, if on-site recreation space is not provided in
accordance with this chapter, the applicant shall pay a fee-in-lieu of actual
recreation space if approved by the city. Acceptance of a fee-in-lieu payment is
discretionary. A fee-in-lieu of on-site recreation space may be permitted if the
recreation space is provided within a city park in the vicinity and will be of
greater benefit to the prospective residents of the development.
B. Unless a subdivider dedicates land and constructs improvements in
accordance with this section in order to mitigate the direct impacts identified as a
consequence of the proposed development, the city's final approval of the
subdivision shall be contingent upon payment of a park development fee from
the subdivider to the city. The fee in lieu of land dedication for parks and open
space shall be determined by multiplying the following two (2) factors:
1. One hundred fifty (150) percent of the average assessed value per unit
area of land within the boundaries of the subdivision; and
2. The gross land area within the subdivision multiplied by five (5) percent
as set forth in subsection (C) of this section. The average assessed value shall
be that for the year in which the subdivision is granted preliminary plat approval.
Computations shall be based upon King County assessor information.
The fee in lieu of dedication shall be held in a reserve account at the city, and
may only be expended to fund a capital improvement that has been agreed upon
by the parties to mitigate the identified, direct impact of the development. The
payment shall be expended in all cases within five (5) years of collection.
3. Any payment of fees made pursuant to this section that have not been
expended within five (5) years of collection shall be refunded with interest at the
rate applied to judgments to the property owners of record at the time of the
refund. If the payment is not expended within five (5) years due to delay
attributable to the developer, the payment shall be refunded without interest.
4. Appeals of dedication requirements or fees in lieu of dedication
Imposed pursuant to this section shall be governed by the provisions of Ch. 2.32
KCC.
12.04.264.3 On-site recreation - Maintenance of recreation space or
dedication.
12.04.583 On-site recreation - Maintenance of recreation space or
dedication.
12.04.783 On-site recreation - Maintenance of recreation space or
dedication.
A. Recreation space that meets the criteria of this chapter may, at the discretion
of the parks and community services director, be dedicated as a public park in
lieu of providing the on-site recreation required under KCC 12.04.780 If the
following criteria are met:
1. The dedicated area Is at least ten acres In size, unless when adjacent to
an existing or planned county park;
2. The dedicated land provides one or more of the following:
a. shoreline access;
b. regional trail linkages;
c. habitat linkages;
d. recreation facilities; or
e. heritage sites; and
3. The dedicated area Is located within one mile of the project site.
B. Unless the recreation space is dedicated to the city in accordance with
subsection A of this section, maintenance and irrigation of any recreation space
retained in private ownership shall be the responsibility of the owner or other
separate entity capable of long-term maintenance and operation In a manner
acceptable to the parks and community services director.
S:\Permit\Plan\ZONECODEAMEND\2006\ZCA-2006-3_ResDevStds\ResDevStds010807revised.doc
J�
LAND USE & PLANNING BOARD MINUTES
DECEMBER 11, 2006
BOARD MEMBERS PRESENT: Chair Jon Johnson, Vice Chair Dana Ralph, Steve Dowell,
Tim Gimenez, Alan Gray, Jack Ottim
STAFF MEMBERS PRESENT: Charlene Anderson, Matthew Gilbert, Gloria Gould-Wessen,
Mike Gillespie, Jon Napier, Kim Adams Pratt, Pamela Mottram
Chair Johnson called the meeting to order at 7:00 p.m. in City Council Chambers.
Approval of Minutes
Jack Ottini MOVED and Tim Gimenez SECONDED a Motion to APPROVE the Minutes of
November 13, 2006. MOTION CARRIED 6-0.
Added Items, Communications
None
Notice of Upcoming Meeting
Planning Manager Charlene Anderson stated that beginning in January 2007 the Planning and
Economic Development Committee will meet the second Monday of the month at 5:00 p.m.
ZCA-2006-3 Residential Development Standards
Planner Matt Gilbert recapped three (3) options using a matrix to indicate amendments that staff
proposes with respect to the zoning and subdivision code. He spoke about side and rear yard lot
setback options, perimeter street buffering, tree preservation, storm pond landscaping, mixed
housing types, density calculations, design review with respect to entry fagade and garage
orientation, roofline modulation, diminished garages, and on-site recreation space.
Mr. Gilbert spoke about storm drainage and recreational open space criteria, stating that the Parks
Department would like a minimum threshold applied to regulate open space on ten or more lots.
Mr. Gilbert stated that staff recommends incorporating design review standards as part of the
development review process rather than developing a separate Administrative application process.
Chair Johnson declared the Public Hearing Open.
GARRETT HUFFMAN, 335 115TH AVE SE, BELLEVUE, WA urged the Board to support Option 2 which he
considers the most flexible option.
HANs KORVE, 726 AUBURN WAY N, AUBURN, WA stated that he supports Option 2, citing Option 1
and Option 3 as excessive. He hopes the Board doesn't pick and choose from other options,
stating Option 2 is a good balance. He voiced concerns with open space issues, tree replacement,
diminished garages and commented on some possible text changes. He stated 70% diminished
garages would legislate monotony.
JOHN MASON, 14405 SE 266TH ST., KENT, WA voiced concerns over tree and impervious surface
issues. He stated that all options have benefits. He stated even 50% diminished garage
requirement is too much.
TOM SHARP, KENT, WA stated that he supports Option 2. He stated that shared driveways would cut
down on impervious surfaces He spoke about design review standards, fire accessibility, tree
preservation, landscaping, diminished garages, fencing and entry facade orientation.
Mr. Sharp recommended that the Board should consider amending language in Option 2 to not
limit fencing material to wood, considering other suitable fencing materials such as iron, masonry
or similar materials.
Dana Ralph MOVED and Tim Gimenez SECONDED a MOTION to close the Public Hearing.
After the Board and staff deliberated, Fire Prevention Division Chief Jon Napier stated that he
supports Option 2 which would allow the Fire Department 8 feet of access space or protective
measures if 5 feet side yards are provided.
Mr. Gilbert stated that staff has recommended Option 2, Flexibility with Safeguards.
Dana Ralph MOVED and Jack Ottini SECONDED a MOTION to approve #ZCA-2006-3 Residential
Development Standards, Option 2, as recommended by staff, with the following amendments:
• Add language to reduce the tree size requirement down to 2"diameter and 6-8 feet height.
• Add language to wood fencing to include masonry, iron or other suitable materials as
approved by the Planning Manager.
• Add language to reduce diminished garage requirements to 60% and to add flexibility to
how It's accomplished.
• Add language on the entrance orientation to remove the confusion about the front door
having to be exactly parallel to the street.
• Change language regarding recreational space to 25 lots or less under F.1.
• Add language regarding pond fencing as Is included in the Public Works Standards.
MOTION CARRIED 6-0.
Planning Manager stated that this will go before the Planning and Economic Development
Committee on Monday, January 8, 2007 at 5:00 p.m.
Adjournment
Steve Dowell MOVED and Jack Ottini SECONDED a MOTION to adjourn the meeting. Motion
Carried. The meeting was adjourned at 8:50 p.m.
Charlene Anderson, AICP, Planning Manager
Secretary of the Board
S IPe itIP/an ILUPB120061MmuteSI121106LUMMIn doc
i �
l
Land Use and Planning Board Meeting
Minutes December 11, 2006
Page 2 of 2
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
0 Charlene Anderson, AICP, Manager
KENT
WASHiNGTON Phone 253-856-5454
Fax. 253-856-6454
Address- 220 Fourth Avenue S
Kent, WA 98032-5895
AGENDA
LAND USE & PLANNING BOARD
PUBLIC HEARING & WORKSHOP
DECEMBER 11, 2006
7:00 P.M.
LAND USE & PLANNING BOARD MEMBERS: CITY STAFF
Jon Johnson, Chair Charlene Anderson, AICP, Planning Manager
Dana Ralph, Vice Chair Matthew Gilbert, AICP, Planner
Steve Dowell Gloria Gould-Wessen, AICP, Planner
Tim Gimenez Kim Adams Pratt, Asst City Attorney
Alan Gray Pamela Mottram, Administrative Secretary
Jack Ottlnl
This is to notify you that the Land Use and Planning Board will hold a Public Hearing
followed by a Workshop on MONDAY, DECEMBER 11, 2006 in Kent City Hall, City Council
Chambers at 7:00 p.m. The public is welcome to attend. All interested persons may have an
opportunity to speak at the public hearing. Any person wishing to submit oral or written comments
on the Residential Development Standards may do so prior to or at the meeting.
The agenda will include the following item(s):
1. Call to order
2. Roll call
3. Approval of Minutes from the November 13, 2006 Meeting
4. Added Items to Agenda
5. Communications
6. Notice of Upcoming Meetings
7. PUBLIC HEARING:
#ZCA-2006-3 Residential Development Standards (MG)
Consideration of proposed zoning and subdivision code revisions related to single
family residential development standards. Proposed revisions to be considered
Include but are not limited to requiring open space, increased space between
residences, landscape buffers between arterials and subdivisions, aesthetic treatment
of stormwater ponds, residential design, elimination of minimum lot sizes In favor of
meeting specified building envelope diameters, minimizing prominence of garages,
strengthening tree preservation, minimizing Impacts of grading, allowing mixed
housing types, encouraging cottage housing, requiring undergrounding of utilities,
and providing for rounding of density calculations. Although three options are being
presented by staff, the Board may consider additional options or any combination of
options.
LUPB COMMUNITY DEVELOPMENT
Hearing Packet Fred N. Satterstrom, AICP, Director
• December 11, 2006 PLANNING SERVICES
KEN T Charlene Anderson, AICP, Manager
W nSHIN GTO
Phone• 253-856-5454
Fax 253-856-6454
Address- 220 Fourth Avenue S
Kent, WA 98032-5895
November 20, 2006
TO: JON JOHNSON, CHAIR AND MEMBERS OF THE LAND USE AND PLANNING BOARD
FROM: MATT GILBERT, AICP, PLANNER
RE: #ZCA-2006-3 RESIDENTIAL DESIGN STANDARDS
Land Use and Planning Board Public Hearing — December 11, 2006
On November 27, 2006 the Land Use and Planning Board held a workshop to hear comments
and updates from staff regarding the options for changing the City's residential development
standards. Staff described changes to the recommended Option 2, Flexibility with Safeguards,
that had been made since originally presented at the November 13, 2006 public hearing.
Based on discussions at the November 27th workshop and ongoing communication with
interested parties, the options have been further refined, generally to reflect greater diversity
among the proposals. These changes include:
Open Space: Option 1: Regulatory with Amenities, has been amended to require that 20% of
the gross area of any short-subdivision or subdivision be dedicated as open space. Option 3:
Flexible Lots with Large Setbacks has been amended to require 700 square feet of open space
for each home in a subdivision.
Other specific changes to the subdivision code related to open space are included in the
attached proposed code language. These changes deal with open space improvement and
development requirements, and with ownership, maintenance and operational issues.
Mixed Housing Types: Options have been changed to reflect a broader range in the limitation
of attached units in single family zones. Option 1 would limit attached housing to duplexes,
Option 2 would allow duplex, triplex and fourplex units, Option 3 would allow duplex and triplex
units,
Improve building aesthetics: Though at the November 271th workshop, staff discussed
amending the 70% garage-diminished recommendation to 60%. This number has remained at
70% in the attached proposed language.
Attached is a summary of the proposed amendments organized and worded as they would
appear in the zoning and subdivision codes.
At the public hearing, staff from Planning, Public Works, Fire Prevention and the Parks
Department will be available to answer any questions regarding the proposed changes.
1115 IPermitfRYaniZONECOOE4MEN0110061ZCA-1006-3 ReSDe✓5tdSf12110&L4PH memo doc
CC Fred N Satterstrom,AICP,C D Director
Charlene Anderson,AICP,Planning Manager
Division Chief Jon Napier,Fire Prevention
Gloria Gould-Wessen,AICP,Planner
William Osborne,AICP,Planner
it Kim Marousek,AICP,Principal Planner
Matt Gilbert,AICP Planner
Mike Gillespie,Public Works
Lori Flemm,Parks/Open Space Supenntendent
it Parties of Record(Attached)
Project File
15.02.340.1 Roofline variation.
Roofline variation means a vertical offset in ridge line; horizontal offset in ridge
line; variations of roof pitch; gables; or any other similar technique approved by
the planning manager. The minimum horizontal or vertical offset shall be 3 feet,.
and the minimum variation length shall be 8 feet.
15.02.499.1 Special life safety measures. --
Specallife safety measures means upper story rescue windows accessible from
the front and rear of a home; or a Fire Department-approved automatic fire
suppression system.
I
Zoning Code — Land Uses — Differentiation among options is Indicated.
15.04.020 Residential land uses.
ZONING DISTRICTS
U
KEY E
U U U U
P = PRINCIPALLY
N NILI
— N
PERMITTED USES U ❑ ❑ 1' ❑
Ql (l (Dmu I a.+ -
N N U
S = SPECIAL USES
Ln
Y
C = CONDITIONAL u U I Y U U ❑ L = ^
L) Y Y N Y Y (Q C C ❑
_ 111 N E; l{I N 0 0 — N
USES N O ❑ O ❑ H H K O,
C
A=ACCESSORY L) ❑ 0 70 I ru 70
�. Z7 Y
USES G � -0 _0 -0 -0 of -0 -0 r0
_ 3 m Ui ' - N to FA y:+ yi
+b ma E 'T'
Ln a) i I _ rp u
Q)
a
�fu—, ro rp Lj' rp rn I 2G rp r0 N ❑ E 0
a7+ i C LL LL Qi Lt LL 1 X }+ u N O
o
p d 00 1? 1, t7 ? a
a a L0 ur) Lo LLo Lwn LL17 c
ONE SINGLE-FAMILY P P P 1p P P P P P P P P P
DWELLING PER LOT
ONE DUPLEX PER LOT P P P P
1 (27) (27)
ONE MODULAR HOME P P P P P P I P 1p P P P P P
,PER LOT
DUPLEXES P P P P P P P P P
(27) (271 (2,71 (22)
MULTIFAMILY P* P. P* P(19) P(19) P P P
TOWNHOUSE UNITS (27)* (27)* (27)* (20) (20)
MULTIFAMILY P(26) P(26) P P P
DWELLINGS
MULTIFAMILY
DWELLINGS FOR
i
'SENIOR CITIZENS
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*Options 2 and 3 only
15.04.030 Residential land use development conditions.
27. Within subdivisions, as defined by KCC 12.04.025 and created after
ORDINANCE DATE or altered to comply with zoning and subdivision code
amendments effective on or after ORDINANCE DATE, 25% of the total
number of permitted dwelling units may be
(duplex structures. — Option 1)
... (duplex, triplex or fourplex townhouse structures. — Option 2)
... (duplex or triplex townhouse structures. — Option 3).
15.04.170 Agricultural and residential zone development standards.
Change the matrix as follows in SR-4.5, SR-6 and SR-8 zoning districts:
Minimum lot area: Add note 37
Side Yard: Option 1 — Keep 5 feet and add (38)
Options 2 and 3 - Delete 5 feet. Add 8 feet and (38)
Rear Yard: 10 feet
Additional Standards: Add Note 39
15.04.180 Agricultural and residential land use development standard
conditions.
Option 1:
37. Within subdivisions as defined by KCC 12.04.025 and created after
ORDINANCE DATE or altered to comply with zoning and subdivision code
amendments effective on or after ORDINANCE DATE, the minimum lot size shall
be 3,000 square feet. Lot width requirements of the underlying_zoning district
shall apply and shall exclude any easement area.
38. Fire department approval is required for 5-foot side yards. The sum total
of both side yards shall be a minimum 16 feet.
39. The residential design review standards of KCC 15.09.045(C) shall apply
within subdivisions and short subdivisions created after ORDINANCE DATE.
Option 2:
37. For subdivisions and short subdivisions created after ORDINANCE DATE or
altered to comply with zoning and subdivision code amendments effective
on or after ORDINANCE DATE, the minimum lot size shall be 3,000 square
feet. Minimum lot width shall be measured by.scaling a 30-foot diameter
circle within the boundaries of the lot, provided that easement areas may
not be included in the required 30-foot diameter circle. The lot frontage
along private or public streets shall be a Minimum 20 feet in width.
Minimum driveway separation shall be 10 feet. Shared driveways are
permitted.
38. Side yard may be reduced to 5 feet with special life safety measures.
39. The residential design review standards of KCC 15.09.045(C) shall apply
to subdivisions and short subdivisions created after ORDINANCE DATE or
altered to comply with zoning and subdivision code amendments effective
on or after ORDINANCE DATE.
Option 3:
37. For subdivisions and short subdivisions created after ORDINANCE DATE or
altered to comply with zoning and subdivision code amendments effective
on or after ORDINANCE DATE, the average lot size shall be 3,000 square
feet. Minimum lot width shall be measured by scaling a 30-foot diameter
circle within the boundaries of the lot, provided that easement areas may
not be included in the required 30-foot diameter circle. The lot frontage
along private or public streets shall be a minimum 20 feet in width.
Minimum driveway separation shall be 10 feet. Shared driveways are
permitted.
38. Fifty (50) percent of the lots within subdivision and short subdivisions
created after ORDINANCE DATE or altered to comply with zoning and
subdivision code amendments effective on or after ORDINANCE DATE
may have minimum 5 feet side yards when special life safety measures
are provided. The sum total of both side yards for the remaining fifty
(50)percent of the lots shall be a minimum 16 feet.
39. The residential design review standards of KCC 15.09.045(C) shall apply
to subdivisions and short subdivisions created after ORDINANCE DATE or
altered to comply with zoning and subdivision code amendments effective
on or after ORDINANCE DATE.
j
Zoning Code — Landscaping — All Options
15.07.040 General landscape requirements for all zones.
W. The perimeter of all storm water detention ponds shall be landscaped to a
eminimum depth of 10 feet of Type II landscaping. Ponds shall be fenced with
vinyl coated chain link or solid screen fencing. The fencing shall be located
between the pond and the landscape area.
Zoning Code — Tree Preservation — All Options
15.08.240 Preservation of trees.
A. Purpose. Retention of significant trees as required by this section is necessary
to maintain and protect property values, to enhance the visual appearance of the
city, to preserve the natural wooded character of the area, to promote utilization
of natural systems, to reduce the impacts of development on the storm drainage
system, and to provide a transition between various land uses in the city.
B. Regulations. Application of regulations for the preservation of significant
trees is as follows:
1. On all undeveloped property in the city, all trees of a six (6) inch
caliper or greater shall be retained on the property where they are growing.
2. Where it is not feasible to retain all trees on the site due to the
proposed development, a site specific tree plan, drawn to scale, shall be
prepared. The tree plan shall indicate the species of tree and precise location of
all trees of a six (6) inch caliper or greater on the site in relation to proposed
buildings, streets, parking areas, storm drainage facilities, and utilities. Trees to
be retained pursuant to this section shall be marked by encircling the tree with a
stripe of non-toxic paint of a color and type sufficient to remain visible during
onsite construction activity. Trees to be retained shall be protected during
construction, and the dripline shall be delineated with boundary markers. No
grade changes or storage or materials shall be allowed within the tree dripline.
Drainage patterns shall not be significantly altered that may be detrimental to
the subject trees.
3. The tree plan and photograph of the trees on the property shall be
submitted to the city planning depnrservices division for its review prior to
the issuance of a zoning or building permit.
4. The planning depaftffiefftservices division shall review the tree plan in
relation to the proposed development and make a determination of which trees
will be permitted to be removed.
5. The planning depaftfliefitservices division may cause a modification of
the development plan to ensure the retention of the maximum number of trees.
Should the applicant elect to alter the development plan in order to preserve
special trees or wooded areas in a natural state, the planning diFeete manager
may waive specific requirements to allow for flexibility and innovation of design.
6. There shall be no clear cutting of trees of a six (6) inch diameter or
greater on undeveloped land for the purpose of preparing that site for future
development.
C. Applicability. The requirements of this section shall be imposed in conjunction
with approval of subdivisions, short subdivisions, planned unit developments,
development of undeveloped land, and/or when a change in the area devoted to
parking and circulation is required by the Kent City Code. However, this section
does not apply to a permit for a single-family dwelling, unless restrictions on the
removal of significant trees on individual single-family lots have been imposed
through prior city approval.
D. Reguired Review. The city planning services division shall review the proposed ,
removal of significant trees with each application within the applicability of this
section.
E. Retention of Significant Trees.
1. Perimeter Landscaping Area. In the required perimeter landscaping
areas, as set forth in KCC 15.07, the applicant shall retain all significant trees
which will not constitute a safety hazard. Areas devoted to access and sight
distance, and areas to be cleared for required roads, utilities, sidewalks, trails, or
storm drainage improvements are exempt from this requirement.
2. Site Interior.
a. In areas of the site other than the required perimeter
landscape area the applicant shall retain a minimum 15 percent of the
diameter inches of the significant trees existing in this area, provided that
alder and cottonwood trees diameter inches shall be discounted by a
factor of 0.5. In applying the requirement for retention of significant
trees, the planning manager shall consider a priority the preservation of
the following types of significant trees:
i. Healthy significant trees over 60 feet in height;
ii. Significant trees which form a continuous canopy;
iii. Significant trees which contribute to the character of the
environment, and do not constitute a safety hazard;
iv. Significant trees which provide winter wind protection or
summer shade;
v. Groups of significant trees which create a distinctive
skyline feature;
vi. Significant trees in areas of steep slopes or adjacent to
watercourses or wetlands.
b. The planning manager may approve retention of trees which
do not meet the definition of significant trees as a contribution toward the
sum of the diameter inches required under subsection E.2.a of this section
if a group of trees and its associated undergrowth can be preserved.
3. Exemption. The provisions of this subsection which require retention
of significant trees are not applicable in any Downtown Land Use District.
4. Reduced Parking Bonus. If the proposed landscape plan incorporates
the retention of significant trees above that required by this section, the planning
manager may approve a reduction of up to 10 percent of the required number of
parking spaces if adequate parking will remain on the subject property, and if
land area for the required number of spaces remains available for future
development on the subject property.
F. Alternative Tree Retention Option.
1. An applicant may request a modification of the tree retention
requirements set forth in subsection E.
2. The planning manager may administratively approve a modification of
the perimeter or interior tree retention requirements if:
a. The modification is consistent with the stated purpose of this
section; and
b. The modification proposal either:
i. Incorporates the retention of significant trees equal in
equivalent diameter inches or incorporates the increased retention
of significant trees and naturally occurring undergrowth beyond
what would otherwise be required, or
ii. Incorporates the retention of other natural vegetation in
consolidated locations which promotes the natural vegetated
character of the site and neighborhood including use as pasture
land or for agricultural uses.
3. Where a modification proposal includes supplemental or replacement i
trees in lieu of retention, the applicant shall utilize plant materials from the city's
List of Plants for the Pacific Northwest.
GG. Replacement of removed or damaged trees Trees removed illegally from
undeveloped land or trees designated for retention which are damaged or
destroyed shall be replaced as follows:
1. One (1) existing tree at a six (6) inch diameter shall be replaced by two
(2) new trees.
2. For each additional three (3) inches of diameter, one (1) new
replacement tree shall be added, up to a maximum of six (6) trees.
3. Replacement deciduous trees shall be at least three (3) inches in
diameter at the time of planting. An evergreen shall be at least twelve (12) feet
in height.
Zoning Code — Design Review
15.09.045 Administrative design review.
C. Residential Design Review. In order to diminish the perception of bulk, and
provide visual interest along residential home facades that face public areas,
architectural design considerations shall be applied. Homes located within
subdivisions and short subdivisions created after the effective date of these
changes, or in subdivisions or short subdivisions altered to comply with the
proposed standards shall be subject to residential design review. This design
review shall be applied administratively as part of the building permit review
process for each new home.
1. Orientation of Homes. The entry fagade of each dwelling unit shall be
oriented toward the highest classification street from which access to the lot is
allowed.
2. Attached units. A building that contains a grouping of attached units
shall not exceed a 200 foot maximum length and shall be separated from other
groups of attached units by a minimum 15 feet.
3. Architectural standards shall be incorporated as follows:
a. Each dwelling unit facade that faces a public area shall
incorporate a minimum of two elements of fagade modulation and roofline
variation. ■
b. The maximum horizontal fagade length without one element of
either facade modulation or roofline variation shall be twenty (20) feet.
4. Architectural detail element. Each facade oriented toward a public
area shall provide a minimum of three architectural detail elements.
5 Garages Dwelling units within subdivisions and short subdivisions
shall provide diminished garage doors according_to the percentage and locations
approved with the subdivision and short subdivision.
ED. Multifamily design review...
BE. Multifamily transition areas...
icF. Mixed use design review..
FG. Appeals...
Subdivision Code — Type I and Type II Short Subdivisions
12.04.125 Principles of acceptability. (and)
12.04.435 Principles of acceptability.
No short subdivision shall be approved unless the following principles of
acceptability are met; the short subdivision shall:
7 Provide building lots and roadway access configured to support the
construction of homes with diminished garage doors such that...
...(fifty (50)percent— Options 1 and 3)
._(seventy (70) percent — Option 2)
of the new lots will support construction of and access to a garage in the rear
portion of the lot accessed via a common driveway between lots; or a side
access garage; or a garage accessed via a rear alley; or a garage set back no
less than 10 feet from the front fagade of the home. Lots and roadways shall be_
configured such that at least two of these options are supported in each new
development.
8. Provide landscape buffering along all frontage streets of the short
subdivision that do not provide the new lots with direct vehicular access.
9. Provide onsite recreation space.
12.04.235 Standards for the subdivision of land and any dedications.
(and)
12.04.545 Standards for the subdivision of land and any dedications.
D. Exterior street buffering: A minimum ten (10) feet wide perimeter strip of
Type II landscaping and associated fencing shall be provided along the short
subdivision perimeter where it is adjacent to a public or private roadway that
does not provide direct vehicular access to individual lots. The landscaping strip
shall include an automatic irrigation system sufficient to ensure survival of the
planted materials. Wood fencing shall be located between the landscaping strip
and the short subdivision lots and shall be constructed of consistent materials
and configuration along the length of the street frontage. The fence and
landscape strip shall be located in a separate tract and shall be depicted on the
final short subdivision man Maintenance of the landscape strip shall be the
responsibility of a homeowners association or other entity approved by the City.
Subdivision Code — Subdivisions
12.04.685 Approval criteria.
A. A proposed subdivision and dedication shall not be approved unless the city
finds that:
1. Appropriate provisions have been made for:
e. Neighborhood tot lots and playrecreation areas;
n. Building lots and roadway access configured to support the
construction of homes with diminished garage doors such that...
fifty (50) percent — Options 1 and 3
...seventy (70) percent — Option 2
of the new lots will support construction of and access to a garage in the
rear portion of the lot accessed via a common driveway between lots; or a
side access garage; or a garage accessed via a rear alley; or a garage set
back no less than 10 feet from the front facade of the home. Lots and
roadways shall be configured such that at least two of these options are
supported in each new development.
o. Landscape buffering along all frontage streets of the
subdivision that do not rovide the new lots with direct vehicular access.
ap. Other public utilities and services, as deemed necessary; and
12.04.745 Standards for the subdivision of land and any dedications.
D. Exterior street buffering: A minimum ten (10) feet wide perimeter strip of
Type II landscaping and associated fencing shall be provided along the
subdivision perimeter where it is adjacent to a public or private roadway that
does not provide direct vehicular access to individual lots. The landscaping strip
shall include an automatic irrigation system sufficient to ensure survival of the
planted materials. Wood fencing shall be located between the landscaping strip
and the subdivision lots and shall be constructed of consistent materials and
configuration along the length of the street frontage. The fence and landscape
strip shall be located in a separate tract and shall be depicted on the final plat.
Maintenance of the landscape strip shall be the responsibility of a homeowners
association or other entity approved by the City.
Subdivision Code — Parks and open space requirements.
12.04.264.1 Parks and open space reauirements. — add new section
12.04.580 Parks and open space requirements. — replace existing
section
12.04.780 Parks and open space requirements. — replace existing
section
A. Approval of all subdivisions and short subdivisions located in either single-
family residential or multifamily residential zones as defined in KCC Title 15,
Zoning, shall be contingent upon the subdivider's provision and development of
on-site recreation space or paying approved fees in lieu of these provisions to
the City, as necessary to mitigate the adverse effects of development upon the
existing park and recreation service levels. This requirement shall not apply to
lots of forty-three thousand five hundred (43,500) square feet or larger in size or
planned unit developments.
B. Residential subdivisions and short subdivisions shall provide recreation
space for leisure, play and sport activities as follows:. .
. twenty (20) percent of the total area of the proposed subdivision or 4,500
square feet, whichever is greater. — Option 1
...450 square feet per dwelling unit. — Option 2
...700 square feet per dwelling unit. — Option 3
C. Recreation space shall be placed in a designated recreation space tract or
tracts. The tract(s) shall be dedicated to a homeowners association or other
workable organization acceptable to the planning manager to provide continued
maintenance of the recreation space tract.
D. ...(Except as noted in section E below, - place introductory clause in
Option 1 only)...
Recreation space located outdoors and not part of a storm water tract
developed in accordance with subsection F. of this section shall:
1. Be of a grade and surface suitable for recreation improvements and
have a maximum grade of five percent or as otherwise approved by the planning
manager and parks and community services director;
2. Be on the site of the proposed development unless otherwise
approved by the planning manager and parks and community services director;
3. Be located in an area where the topography, soils, hydrology and
other physical characteristics are of such quality as to create a flat, dry, obstacle-
free space in a configuration which allows for passive and active recreation;
4. Be centrally located or accessible and convenient to the majority of
residents within the development
5. Have good visibility from roads and sidewalks;
6. Have no dimensions less than thirty feet, except trail segments or
as otherwise approved by the planning manager and parks and community
services director;
7. Be located in one designated area, unless the planning manager
and parks and community services director determine that residents of large
subdivisions, townhouses and apartment developments would be better served
by multiple areas developed with recreation or play facilities;
8. If located adjacent to an existing or planned municipal, county or
regional park, public open space or trail system, the on-site recreation space
shall be accessible to the public facility via trail or walkway.
...(E. Fifty (50) percent of the required recreation space may be encumbered
by streams, wetlands steep slopes and/or buffers associated with these features. ,
— Option 1 only) ...
F. Recreation space shall be improved with both active and passive areas
designed for leisure play and sport activities. Play equipment or age appropriate
facilities as approved by the city parks and community services director shall be
provided within dedicated recreation space areas. Active recreation
improvements shall be included as follows:
1. For developments of five to twenty-five dwelling units, at least one
of the following recreation facilities shall be provided in addition to the tot lot or
children's play area:
a. playground equipment;
b. sport court;
c. sport field;
d. tennis court; or
e. any other recreation facility proposed by the applicant and
approved by the parks and community services director;
2. For developments of twenty-six to fifty dwelling units, at least two
or more of the recreation facilities listed in subsection F.1. of this section shall be
provided; and
3. For developments of more than fifty dwelling units, at least one
additional recreation facility listed in subsection F.1. of this section shall be
provided for every twenty-five dwelling units.
G. In subdivisions, recreation areas that are contained within the on-site
storm water tracts, but are located outside of the one hundred year design water
surface, may be credited for up to fifty percent of the required square footage of
the on-site recreation space requirement on a foot-per-foot basis, subject to the
following criteria:
1. The storm water tract and any on-site recreation tract shall be
contiguously located. At final plat recording, contiguous storm water and
recreation tracts shall be recorded as one tract and dedicated to the
homeowners association or other organization as approved by the planning
1 manager;
2. Unless otherwise approved by the public works department, the
drainage facility shall be constructed to meet the following conditions:
a. The side slope of the drainage facility shall not exceed thirty-
three percent unless slopes are existing, natural and covered with
vegetation;
b. A bypass system or an emergency overflow pathway shall be
designed to handle flow exceeding the facility design and located so that it
does not pass through active recreation areas or present a safety hazard;
C. The drainage facility shall be landscaped and developed for
passive recreation opportunities such as trails, picnic areas and aesthetic
viewing; and
d. The drainage facility shall be designed not to require fencing
under the city's adopted surface water design manual.
H. When the tract is a joint use tract for a drainage facility and recreation ;
space, the city is responsible for maintenance of the drainage facility only.
I. A recreation space plan shall be submitted to the public works department
and reviewed and approved with engineering plans.
1. The recreation space plans shall address all portions of the site that
will be used to meet recreation space requirements of this section, including the
drainage facility. The plans shall show dimensions, finished grade, equipment,
j landscaping and improvements, as required by the planning manager and parks
■ and community services director, to demonstrate that the requirements of the
on-site recreation space or this chapter have been met.
2. If engineering plans indicate that the on-site drainage facility or
storm water tract must be increased in size from that shown in preliminary
approvals, the recreation plans shall show how the required minimum recreation
space under this section will be met.
12.04.264.2 Recreation space - fees in lieu of.
12.04.582 Recreation space - fees in lieu of.
12.04.782 Recreation space - fees in lieu of.
A. Except in the case of .
...(Type I Short Subdivisions, - Option 1)
...(Short Subdivisions, - Options 2 and 3)
the creation of on-site recreation space shall be the preferred method of
providing new development with opportunities for leisure, play and sports
activities. For . . I
(Type I Short Subdivisions, - Option 1)
(Short Subdivisions, - Options 2 and 3)
payment of the fee-in-lieu of dedication shall be preferred. In ...
.. (Type II Short Subdivisions and Subdivisions, - Option 1)
...(Subdivisions, - Options 2 and 3)
applicants shall to the best of their ability endeavor to provide recreation space
on the project site. However, if on-site recreation space is not provided in
accordance with this chapter, the applicant shall pay a fee-in-lieu of actual
recreation space if approved by the city. Acceptance of a fee-in-lieu payment is
discretionary. A fee-in-lieu of on-site recreation space may be permitted if the
recreation space is provided within a city park in the vicinity and will be of
greater benefit to the prospective residents of the development.
B. Unless a subdivider dedicates land and constructs improvements in
accordance with this section in order to mitigate the direct impacts identified as a
consequence of the proposed development, the city's final approval of the
subdivision shall be contingent upon payment of a park development fee from
the subdivider to the city. The fee in lieu of land dedication for parks and open
space shall be determined by multiplying the following two (2) factors:
1. One hundred fifty (150) percent of the average assessed value per unit
area of land within the boundaries of the subdivision; and
2. The gross land area within the subdivision multiplied by five (5) percent
as set forth in subsection (C) of this section. The average assessed value shall
be that for the year in which the subdivision is granted preliminary plat approval.
Computations shall be based upon King County assessor information.
The fee in lieu of dedication shall be held in a reserve account at the city, and
may only be expended to fund a capital improvement that has been agreed upon
by the parties to mitigate the identified, direct impact of the development. The
payment shall be expended in all cases within five (5) years of collection.
3. Any payment of fees made pursuant to this section that have not been
expended within five (5) years of collection shall be refunded with interest at the
rate applied to judgments to the property owners of record at the time of the
refund. If the payment is not expended within five (5) years due to delay
attributable to the developer, the payment shall be refunded without interest.
4. Appeals of dedication requirements or fees in lieu of dedication
imposed pursuant to this section shall be governed by the provisions of Ch. 2.32
KCC.
12.04.264.3 On-site recreation - Maintenance of recreation space or
dedication.
12.04.583 On-site recreation - Maintenance of recreation space or
dedication.
12.04.783 On-site recreation - Maintenance of recreation space or
dedication.
A. Recreation space that meets the criteria of this chapter may, at the discretion
of the parks and community services director, be dedicated as a public park in
lieu of providing the on-site recreation required under KCC 12.04.780 If the
following criteria are met:
1. The dedicated area is at least ten acres In size, unless when adjacent to
an existing or planned county park;
2. The dedicated land provides one or more of the following:
a. shoreline access;
b. regional trail linkages;
c. habitat linkages;
d. recreation facilities; or
e. heritage sites; and
3. The dedicated area is located within one mile of the project site.
B. Unless the recreation space is dedicated to the city in accordance with
subsection A of this section, maintenance and Irrigation of any recreation space
retained In private ownership shall be the responsibility of the owner or other
separate entity capable of long-term maintenance and operation in a manner
acceptable to the parks and community services director.
�" S\Permit\Plan\ZONECODEAMEND\2006\ZCA-2006-3_ResDevStds\ResDevStds120106 doc
' COMMUNITY DEVELOPMENT
' Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
Charlene Anderson, AICP, Manager
K E N T Phone 253-856-5454
' W/5HI NOTON
Fax 253-856-6454
Address 220 Fourth Avenue 5
Kent,WA 98032-5895
' AGENDA
LAND USE & PLANNING BOARD
' WORKSHOP
NOVEMBER 27, 2006
7:00 P.M.
LAND USE & PLANNING BOARD MEMBERS: CITY STAFF
Jon Johnson, Chair Charlene Anderson, AICP, Planning Mgr
Dana Ralph, Vice Chair Matthew Gilbert, AICP, Planner
Steve Dowell Kim Marousek, Principal Planner
Tim Gimenez Kim Adams Pratt, Asst City Attorney
Alan Gray
Jack Ottini
This is to notify you that the Land Use and Planning Board will hold a Workshop
(In lieu of their regularly scheduled hearing) on MONDAY, NOVEMBER 27, 2006 in Kent City
Hall, City Council Chambers at 7:00 p.m. Although no public testimony will be taken, the public
is welcome to attend. The workshop agenda will include the following item(s)-
#ZCA-2006-3 Residential Development Standards (MG)
On November 13, 2006 the Land Use and Planning board held a public hearing to
consider proposed changes to the City's Subdivision and Zoning codes as each of
these codes pertain to residential development. As a result of the hearing a
number of suggestions for improving the proposed new standards were expressed
resulting in scheduling a second workshop.
Any person requiring a disabdrty accommodation should contact the City In Advance for more information.
For TDD relay service for Braille, call 1-800-833-6385, for TDD relay service for the hearing Impaired, call 1-800-833-
6388 or call the City of Kent Planning Services directly at(253)856-5499(TDD) or the main line at(253) 856-5454
For further Information or a copy of the staff memorandum contact the Planning Services office at(253) 856-5454
Check htto.11www cl kent wa us/olannlnallanduseplannmoboard/memoranda asp for available documents.
5 l PermrtlP/an I LUP8120061Agendas1112706Wkshp Agda doc
I
1)
7 �
LUPB
t WORKSHOP PACKET COMMUNITY DEVELOPMENT
November 27 2006 Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
KENT Charlene Anderson, AICP, Manager
WASHINGTON
Phone 253-856-5454
Fax- 253-856-6454
Address' 220 Fourth Avenue 5
Kent, WA 98032-5895
November 20, 2006
' TO: ]ON JOHNSON, CHAIR AND MEMBERS OF THE LAND USE AND PLANNING BOARD
FROM: MATT GILBERT, AICP, PLANNER
' RE: #ZCA-2006-3 RESIDENTIAL DESIGN STANDARDS
Land Use and Planning Board Workshop — November 27, 2006
On November 13, 2006 the Land Use and Planning Board held a public hearing to consider
proposed changes to the City's Subdivision and Zoning codes as each pertains to residential
development. Based on input from the City Council, the public and the development
community, staff presented three sets of options for changing these codes. Staff recommended
Option 2-Flexibility with Safeguards.
While public testimony received at the hearing was generally supportive of staff's
' recommendation, a number of suggestions for improving the proposed new standards were
expressed. These suggestions included.
' Eliminate the proposed 10' maximum front yard setback. Several of those who
commented indicated that this standard is overly restrictive and would mandate the
monotonous streetscapes which have been identified as undesirable. Staff concurs with
' this comment and would recommend retaining the existing standard.
Reduce the 70% diminished garage requirement to 50%. Those who
expressed this comment indicated that the 70% standard would also lead to a
monotonous streetscape, and that 50% was a more appropriate number. While staff
agrees in concept with the idea that monotony is a possibility, it is important to note
' that prominent garages are typically the most important visual feature associated with
automobile dominated neighborhoods. To meet Council's goals of reducing auto
dominance, a high standard to diminish garages must be maintained. To this end, staff
' recommends reducing the required percentage of diminished garage lots in a subdivision
to 60%, and requiring that of the 60%, at least two different diminished-garage
strategies be used to achieve the standard. Requiring this variation would address the
concern regarding potential monotony. At the November 27' workshop, staff will
present a number of layouts that could be used to satisfy the standard of diminished
garages.
Allow flexibility to the 450 square foot per lot open space requirement so that
300 square feet per lot would be required in central open space, with the
t balance located in scattered landscape tracts. Staff does not support this
suggestion, as decreasing the amount of centralized area devoted to open
space/recreation space would jeopardize the usability of the space.
Density incentives should be included in the proposed options. This comment '
indicated that while many amenities usually associated with PUDs are proposed for
standard subdivisions (i.e. recreation space, architectural requirements), the density ,
incentives found in the PUD code are not being carried over to offset the increased cost
of development. Even with the Increased requirement for land dedication the overall
open space area required under this option is less than with a PUD. Therefore, density '
bonus options are not warranted for standard subdivisions.
The flexibility of lot area and geometry associated with the staff recommended Option 2 ,
function to directly balance increased development costs associated with the new
requirements.
Restrict side yard fences as a means of meeting fire and life safety concerns '
regarding side rescue windows. Staff has recommended that in order to meet fire
and life safety concerns, minimum side yard setbacks be established at 8 feet for the
sides of homes where a rescue window is proposed. If no side rescue window is
proposed, the associated setback would remain at 5 feet.
A third alternative proposed at the hearing is that side-yards with an associated rescue
window remain at 5 feet, with a prohibition on the side yard fences that are often built
on the property line and restrict ladder access to side rescue windows. If these side-
yard fences were eliminated, the entire area between homes (10 feet minimum) would '
be unobstructed and available for laddering. The comment suggested that homeowners
associations could be made responsible for enforcing this no side-yard fence rule and
that this approach has aesthetic merit as well. '
As a means of addressing fire and life safety issues, Staff does not support this
approach because enforcing the placement of fences in perpetuity is a very resource- '
Intensive process that would be undesirable for either the City or a future homeowners
association to bear. As an aesthetic treatment however, staff would agree that
eliminating side-yard fences does have merit, but should remain as a matter of choice '
for builders and homeowners.
During the public testimony, Kent resident and professional planner Hans Korve indicated that '
his firm, DMP Engineers was prepared to create a preliminary design of a subdivision which
implemented the proposed code changes. Mr. Korve indicated that this analysis would help to
identify any further changes that would be required in order for the new regulations to '
effectively realize the desired outcomes identified by the City Council, the public and
developers. The preliminary results of this analysis are expected to be ready for presentation
at the November 27th workshop. Additionally, as noted above, design options for creating ,
diminished garages will also be presented.
I
KM/MG/pm S Ip&mltiplanIZONECODEAMENDI20061ZG4-7006-3 ResDevStdslZC4-2006-3 ResDeuStds LUP@Wkshp112706Memo doc '
cc Fred N Satterstrom,AICP,C D Director
Charlene Anderson,AICP, Planning Manager
Gloria Gould-Wessen,AICP, Planner n '
William Osborne,AICP, Planner
Kim Marousek,AICP, Principal Planner
Matthew Gilbert, Planner
Parties of Record (Attached) '
Project File
LUPB Workshop 11/27/06
ZCA-2006-3 Res Dev Standards
LAND USE & PLANNING BOARD MINUTES
NOVEMBER 13, 2006
BOARD MEMBERS PRESENT: Chair Jon Johnson, Vice Chair Dana Ralph, Alan Gray,
tJack Ottini
BOARD MEMBERS ABSENT: Steve Dowell (Excused), Tim Gimenez (Excused)
' STAFF MEMBERS PRESENT: Charlene Anderson, Fred N Satterstrom, Matthew Gilbert,
Kim Marousek, Kim Adams Pratt, Pamela Mottram
Chair Johnson called the meeting to order at 7:00 p.m. in City Council Chambers.
Approval of Minutes
Jack Ottini MOVED and Alan Gray SECONDED a Motion to APPROVE the Minutes of
October 23, 2006 MOTION CARRIED 4-0.
Added Items, Communications
None
Notice of Upcoming Meetings
Planning Manager Charlene Anderson indicated that the 2006 Annual Docket Report would be
presented at the November 20th 2006 Planning and Economic Development Committee at 4:00
p.m. in City Council Chambers.
ZCA-2006-3 Residential Development Standards
Community Development Director Fred Satterstrom introduced this issue as a top priority with
Mayor Cooke and Kent City Council He acknowledged staff's efforts in preparing
recommendations based on input received from Kent's citizenry and development community
' through a series of community outreach forums and meetings.
Planner Matt Gilbert recapped how this project began in March 2006. He stated that after meeting
' with Kent City Council, the public, developers, real estate agents and builders, staff produced a list
of desired outcomes categorized with regard to. 1) creating on-site open space, 2) subdivision
perimeter landscape buffering and treatment requirements, 3) strengthening connection of homes
' to interior streets, 4) reduce visual monotony, 5) permit mixed housing types in single-family
zones, 6) require underground utilities, 7) creating additional space between buildings, 8) reducing
visual impacts of storm ponds, 9) building aesthetics, 10) reducing perceived over-crowding in
' many of the neighborhoods, 11) minimizing off-site impacts of site grading, 12) encouraging
cottage housing, and 13) streamlining the development process.
Mr. Gilbert stated that although many codes are associated with this issue, staff will focus their
efforts on the subdivision and zoning codes to be most effective. He stated that staffs efforts are
limited to single family development in the SR-4.5, SR-6 and SR-8 zones, where the majority of
development is occurring.
Mr. Gilbert deferred to an analysis in the staff report to describe how the city's regulations affect
land economics and housing affordability. He stated that staff is recommending Option Two
"Flexibility with Safeguards" as this allows land owners the Flexibility to be creative with how they
develop their lot area and configurations.
Mr. Gilbert spoke about staffs recommendations related to: open space, streetscapes, landscaping, '
setbacks, enhanced design, aesthetics, architectural detailing, and perimeter buffering and ,
development density Issues.
Mr. Gilbert stated that the Fire Department needs adequate side yard setbacks to accommodate '
fire rescue equipment when needed. Mr. Gilbert stated that residential developments would be
more visually pleasing by reducing the prominence of street-facing garages. He stated that this
could be done by requiring 70 percent of new home development be served by a side, rear or alley
loaded garage, as well as modulating the face of the homes and using different roofline layering ,
for visual Interest.
Mr. Gilbert stated that staff's proposal encourages preserving trees and planting additional trees '
when needed. He stated that the proposal encourages the use of mixed housing types and that
current density limitations would continue to control the Intensity of development.
Mr. Gilbert spoke about storm pond aesthetics or the use of vaults and about streamlining the '
process by which Kent calculates densities.
Mr. Gilbert addressed comments from the Board with respect to trees, residential storm water '
retention pond and vault requirements deferring to Kent's storm water code, parking
configurations, garage setbacks, minimum lot sizes, landscaping, fencing and fire rescue
requirements.
Mr. Gilbert Indicated that language was amended under the 'Terms" section from " self- ,
system" to "or an approved automatic fire
suppression system"for technical purposes.
Mr. Gilbert stated that after conferring with the Parks Department, he concurred with their analysis
to amend language within the Parks Option 2 requirement from "residential developments of more
than feuF Higits " to ".. more than nine units" and would also change the following language from '
to " would provide accessible
recreation space with developed facilities."
Gilbert submitted a letter for the record documented as Exhibit 1, from Anne Fritzel, Growth '
Management Planner with Washington State Community Trade and Economic Development dated
11/13/06 containing an analysis from the State's perspective of staffs proposal. Member Ottini ,
MOVED and Member Gray SECONDED a Motion to accept this letter for the record. Motion
CARRIED 4-0.
Noelle Rogerson, 10637 SE 2441h St., Kent, WA 98030 submitted her comments for the '
record documented as Exhibit 2. She stated that staff needs to look at alternative options to
removing trees for roadway construction, such as building a bridge over a storm water pond to '
access a new development.
Ms. Rogerson stated that she supports Option 1 rather then Option 2 as recommended by staff, as ,
it better represents what the majority of Kent residents want.
Ms. Rogerson stated that staff should evaluate the number of: apartment units, condo units, single '
family homes, duplexes, triplexes, quads, trailer homes, cottages, farms and agricultural acres,
homes and agricultural families in Kent, residential acres, business and commercial acres, park and
open space acres, and forest preservation land and wetland acres. She stated that the results of
this evaluation would provide a clearer picture of what Kent needs in terms of zoning and may '
Land Use and Planning Board Meeting ,
Minutes— November 0, 2006
Page 2 of 4
prove that Kent has already more then met the standards for future development as required by
Growth Management.
Sharon Bersaas, 436 Jason Ave N, Kent, WA stated that she supports the new regulations
' recommended by staff.
Katherine Orni, Arrow Bay Group, 825 5it' Avenue, Kirkland, WA 98033 stated that she is
with the Arrow Bay Group developing Verdana. She stated that she is concerned with staff's
recommendation that would require amenities in the PUD standards with no additional gain to
offset the loss of land area. She stated that there would no longer be Incentives and density
' bonuses. Ms. Orni suggested that 300 square feet of landscape tract per unit rather than 450 sq ft
be set aside and require landscaping between units to create a visually pleasing break. She
approved of more open space with fencing placed at the rear of the house rather than on the sides
of the houses.
Ms. Orni stated that it would be more cohesive visually to replant vegetation Including trees in
perimeter buffer areas rather than retain existing vegetation in order to match what is happening
with the streetscape on both the Interior and exterior of the development. She stated that she
would like to see variable front yard setbacks of 10 to 20 feet so that homes could be shifted back
and forth to create visual breaks. Ms. Orni stated that reducing lot sizes is critical in today's
market. She stated that she favors a 50 percent versus a 70 percent requirement to allow for
more variety in development.
Ms. Orni stated that she supports vaults in residential developments as the recreation requirement
becomes less expensive and onerous. She stated that vaults would be a more viable option for the
developer and Improve housing costs.
Hans Korve, DMP Engineering, 4215 S 216`h Place, Kent, WA. stated that he is a resident of
the Riverview Community Planned Unit Development. He stated that he concurs with Ms. Orni's
testimony.
Mr. Korve stated that as a point of clarification, if a five foot setback is provided on one side of the
' house and a eight foot setback is provided on the other side of the house, this would meet the Fire
Department's requirements for a side yard setback rescue window.
Mr. Korve stated that he opposes mandated monotony which is what would occur if ten foot
setbacks and the 70 percent side or rear garage requirements were required. He stated requiring
15 feet between driveways is not realistic.
Mr. Korve stated that it is important for Kent to streamline its code process for consistency with
the Comprehensive Plan so that development can occur without requiring as much rezoning.
Mr. Korve offered to prepare a project that would demonstrate how a development would be
constructed based on staffs recommended options and present this material to the Board at
another meeting.
John Nason, 14405 SE 266th, Kent, WA 98042 stated that he supports combining PUD
development standards with the benefits of regular zoning. He stated angled garage parking
requires more hard surface for maneuvering. He stated that he would prefer that the 70 percent
requirement be reduced to as low as 30 percent and did not favor front yard setback limitations of
' ten feet.
I land Use and Planning Board Meeting
Minutes—November 13, 2006
Page 3 of 4
Garrett Huffman, Master Builders Association, 335 1161h Ave SE, Bellevue, WA 98004 ,
stated he believes City Council should be aware of how much each one of these options would cost '
before making decisions, specifically if these options dramatically affected a housing cost increase
in Kent by 20 to 50 percent. He stated that he favors incentives as a means to motivate builders
to provide attractive facades and more landscaping as well as provide for more flexibility. ,
Dana Ralph MOVED and Alan Gray SECONDED a MOTION to close the Public Hearing. Motion
CARRIED. Chair Johnson declared the public hearing closed.
After deliberations, and advisement from Assistant City Attorney Kim Adams Pratt, the Board and
staff concurred with holding a second workshop on November 27th to evaluate additional options,
followed by a Hearing before the Board on December 11, 2006. Furthermore, staff agreed to
complete a preliminary analysis on the concepts brought forth, presenting that new information
along with a model study to be presented by Hans Korve at the November 272h workshop.
Adjournment ,
Dana Ralph MOVED and Jack Ottini SECONDED a MOTION to adjourn the meeting. Motion
Carried. The meeting was adjourned at 8:45 p.m. ,
Charlene Anderson, AICP, Planning Manager
Secretary of the Board
S IPemmutiPlanILUPS120061Mmutes1111306 LUPBmmdoc
Land Use and Planning Board Meeting ,
Minutes— November 13, 2006
Page 4 of 4
COMMUNITY DEVELOPMENT
' Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
Charlene Anderson, AICP, Manager
KENT Phone 253-856-5454
WASHINGTON
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent, WA 98032-5895
' AGENDA
LAND USE & PLANNING BOARD
PUBLIC HEARING
NOVEMBER 13, 2006
' 7:00 P.M.
' LAND USE & PLANNING BOARD MEMBERS: CITY STAFF
Jon Johnson, Chair Charlene Anderson, AICP, Planning Manager
Dana Ralph, Vice Chair Matthew Gilbert, AICP, Planner
Steve Dowell Kim Adams Pratt, Asst City Attorney
Tim Gimenez Pamela Mottram, Administrative Secretary
Alan Gray
Jack Ottini
This is to notify you that the Land Use and Planning Board will hold a Public Hearing
(in lieu of their regularly scheduled workshop) on MONDAY, NOVEMBER 13, 2006 in Kent City
' Hall, City Council Chambers at 7:00 p.m. The public is welcome to attend. All interested persons
may have an opportunity to speak. Any person wishing to submit oral or written comments on the
Residential Development Standards may do so prior to or at the meeting.
The agenda will include the following item(s):
1. Call to order
2. Roll call
3. Approval of Minutes from the October 23, 2006 Meeting
4. Added Items to Agenda
' 5. Communications
6. Notice of Upcoming Meetings
7. PUBLIC HEARING:
#ZCA-2006-3 Residential Development Standards (MG)
Consideration of proposed zoning and subdivision code revisions related to single family
residential development standards. Proposed revisions to be considered include but
' are not limited to requiring open space, increased space between residences, landscape
buffers between arterials and subdivisions, aesthetic treatment of stormwater ponds,
residential design, elimination of minimum lot sizes in favor of meeting specified
building envelope diameters, minimizing prominence of garages, strengthening tree
preservation, minimizing impacts of grading, allowing mixed housing types,
encouraging cottage housing, requiring undergrounding of utilities, and providing for
rounding of density calculations.
Any person requiring a disability accommodation should contact the City In Advance for more information. For TDD relay service
for Braille, call 1-600-833-6365, for TDD relay service for the hearing Impaired, call 1-600-833-6388 or call the City of Kent Planning
' Services directly at (253) 856-5499 (TDD) or the main line at (253) 856-5454 You may access the City'i website at
http//www c kent wa us/plannmg/landuseolanningboard/staffreport aso for available download documents
' sIPe?mtiPlanILUP6120060A,mdas1111306Hrg_Agda do
rLUPB COMMUNITY DEVELOPMENT
' HEARING PACKET Fred N Satterstrom, AICP, Director
PLANNING SERVICES
K E N T November 13, 2006 Charlene Anderson,AICP, Manager
Wn5HINGTON
Phone, 253-856-5454
' Fax: 253-856-6454
Address, 220 Fourth Avenue S
Kent, WA 98032-5895
November 6, 2006
TO: CHAIR JON JOHNSON AND MEMBERS OF THE LAND USE AND PLANNING BOARD
' FROM: MATTHEW GILBERT, AICP, PLANNER
RE: ZCA-2006-3 RESIDENTIAL DEVELOPMENT STANDARDS
For LUPB Hearing November 13, 2006
HISTORY
In March of 2006, staff from the Planning Services office met with the City Council to
hear concerns regarding residential development, specifically those associated with some of
Kent's newer construction. Concerns expressed generally related to transportation issues (i.e.
traffic, connected walkways); neighborhood design and residential land use (i.e. housing
types). In early April, Planning Staff returned to Council with a series of images that aimed to
illustrate the concerns related to neighborhood design and residential land use. Staff
acknowledged that transportation issues were being addressed through the ongoing
Transportation Master Plan process.
1 With the Council's approval, Staff began an effort to receive public input on these issues. This
five month-long effort included public forums at various venues around the City and meetings
with real-estate agents, developers and builders. Planning Staff designed and published an on-
line visual preference survey that polled people's opinions regarding different types of housing
and neighborhoods. This survey generated over 150 responses. News items regarding the
forums and web-survey were twice featured in the King County Journal and on Mayor Cooke's
Kent Today program. This extensive public outreach effort has yielded a list of concerns that
both reinforces and supplements those originally expressed to Staff by the City Council.
Based on the cumulative input received from the public, stakeholder groups and the City
Council, Planning staff began to formulate a list of desired outcomes to guide the process of
amending the residential development standards as found in various City Codes. These desired
outcomes included:
1 * Create on-site open s ace * Create mores ace between buildings
* Require perimeter treatment around all new * Reduce visual impact of stormwater
subdivisions facilities
* Strengthen relationship of homes to interior * Improve building aesthetics
street
* Reduce visual monotony that is encouraged * Reduce perceived over-crowding
by current code
* Require stronger tree protection * Minimize off-site impacts of site grading
' * Permit mixed housing types in single-family * Encourage cottage housing
zones
* Require underground utilities * Streamline the process
' Staff Report-ZCA-2006-3 Res Dev Stds
LUPB Hearing-November 13,2006
Page 1 of 8
SCOPE '
It is important to note that codes associated with residential development span a number of
disciplines and are often quite technical. The City employs professional Planners, Environmental
Engineers, Civil Engineers, Surveyors and Deputy Fire Marshals to review development
proposals and ensure that these codes are appropriately applied to each project. The
complexity of these various codes necessitates that the scope of proposed changes be defined
in terms of addressing the City Council's and publics desired outcomes in a manner that is
internally consistent and avoids creating conflicts among codes.
The specific code sections related to the list of desired outcomes are contained within the
Subdivision Code, Zoning Code, Public Works Construction Standards and Kent Surface Water '
Design Manual (KSWDM). Because the Construction Standards and KSWDM are administered
by Public Works and scheduled for update in 2007, code changes related to stormwater vaults,
site grading and underground utilities have been deferred to these update processes and ,
excluded from the current effort.
Single family residential development in Kent can be proposed through four distinct application
types-Short subdivisions (a.k.a. short-plats), Long Subdivisions (a.k.a. long plats), Planned Unit
Developments (PUDs), and single-lot infdl developments. These applications each have varying
requirements and different purposes. However, the vast majority of residential development in
Kent occurs through the short plat and long-plat processes. Since 2003, 208 applications for
short-plats and long plats have been received by the City. In the same period, 11 PUD
applications were received. Accordingly, as a matter of efficiency and logistics, the current effort ,
to update residential design standards is focused primarily on regulations within the Zoning
Code and Subdivision Code that pertain to short plats and long plats. Changes to the PUD code
will be included in future phases of this effort.
The current changes are also limited in scope to the SR-4.5, SR-6 and SR-8 zoning districts and
shall apply only to subdivisions created after the effective date of the proposed amendments, or
can be applied to subdivisions altered to comply with the proposed standards. City records ,
indicated that these are the districts where the vast majority of residential development takes
place.
BACKGROUND '
Desired outcomes such as creating on-site open space, increased setbacks and requiring
perimeter buffer landscaping are by definition land intensive. In beginning to evaluate options
for achieving these outcomes, it is important to understand other land intensive elements that
are currently built into the City's residential development standards.
In any new neighborhood, a significant portion of the land area is devoted to purposes and ,
improvements other than homes. The City's current regulations call for land dedication for
features such as storm water ponds to handle water runoff; roadways that must be wide
enough for increased traffic as well as fire-trucks and on-street parking; sidewalks and planter
areas to make roads pedestrian friendly and; wetland and stream preservation areas to protect
water quality. Current codes generally require that at minimum 25% of the land area in a
subdivision be used for storm ponds, roads, sidewalks etc. If streams, wetlands or steep slopes
are present, this number often increases dramatically. For example, it is not uncommon for a
five acre site with wetlands to only have 2 acres of buildable land. In fact, data from 2005
show that on average for residential developments in the City of Kent, for every 3 acres of
buildable land, one acre was set aside for stream, wetland or steep slope protection. With the
recent passage of the City's new Critical Areas Ordinance, this ratio is expected to increase.
Staff Report-ZCA-2006-3 Res Dev Stds
LUPB Hearing—November 13,2006
Page 2 of 8
i
This squeezing of buildable land has resulted in some interesting trends in Kent. For example, a
' vast majority (68%) of the subdivisions completed over the last three years were zoned for 6
units per acre. However, the average density city-wide in that same time period was only 3.45
units per acre. In 2005, land subdivided in the SR-6 zone averaged 3.8 new homes per acre,
' though 6 homes per acre are allowed. This disparity between allowed densities and achieved
densities is primarily due to two factors- land intensive requirements (i.e. storm-ponds, roads,
wetland areas etc.) which involve land being used for purposes other than building homes, and
the current minimum lot size standards.
Current minimum lot size standards are as follows:
SR-4.5 zone 7,600 square feet
SR-6 zone 5,700 square feet
1 SR-8 zone 4,000 square feet
These current minimum lot size standards were revised downward in the mid 1990's as a
response to criticisms that most developments were not able to achieve intended densities of
(roughly) 4.5, 6 and 8 units per acre. The intent of the revision was to allow developers and
builders the lot size flexibility to achieve the housing densities envisioned in the Comprehensive
Plan. Today we see that these envisioned densities are not being achieved, and that the
flexibility provided by the current standards is not effective to this end.
This discussion of lot sizes, densities and flexibility may on its face seem removed from the
process of determining appropriate aesthetic enhancements. However, understanding that
current regulations already require significant dedication of land is critical when considering
code changes that would possibly require additional land to be designated 'unbuildable' and
dedicated as park area, landscape buffering, and increased side yard setbacks.
OPTIONS
Each of the following options includes elements to address the list of desired outcomes for new
neighborhoods. Each option, if implemented, would significantly raise aesthetic standards for
neighborhoods, provide open space and allow for increased diversity in housing types.
The options differ primarily in terms of required architectural variation, lot area flexibility and
side yard setbacks. During the process of developing these options, lot area flexibility and side
yard setbacks were found to have the greatest impact on achieving zoning densities.
Option 1: Regulatory with amenities
1. Open space: Residential developments of more than four units in the SR 4.5, 6 and
8 zones shall provide fully accessible recreation space for leisure, play and sport
activities at a rate of 450 square feet of open space per unit. Open space dedication
area may be provided as a dual purpose stormwater pond per the requirements of the
Kent Surface Water Design Manual.
2. Set-backs: Side yard: Sum of both side yards must be 16 feet, with 5 foot minimum
allowed. Accessory buildings (garages) in rear half of a lot are allowed within 2 feet of
side and rear property lines. Fire department approval is required for 5 foot side yards.
Rear-yard: 10 feet.
' 3. Perimeter buffering: Unified perimeter fencing and a 10 foot landscape buffer
within a landscape tract are required along all perimeter streets, except where direct
street access to lots is provided. Planting and fence construction shall be completed
Staff Report-ZCA-2006-3 Res Dev Stds
LUPB Hearing—November 13,2006
Page 3 of 8
prior to or in conjunction with issuance of a building permit on any lot within the
subdivision. '
4. Streetscape environment: 1) 10 foot maximum front yard setback for living
space of home, 20 feet for lots located on the radius of a cul-de-sac. Garages are
exempt and require a 20 foot X 20 foot connected paved area not to include sidewalks
or access easements 2) The entry fagade of each single family home shall be oriented
towards the highest classification street from which access to the lot is allowed.
5. Improve building aesthetics: 1) 50% of homes in subdivisions shall include
home designs that visually diminish garage doors 2) Each home fagade that faces a
public area shall incorporate a minimum of two elements of fagade modulation or
roofline variation. For each facade oriented towards a public area, a minimum of three '
architectural detail elements shall be provided.
6. Reduce code related monotony: 1) require average lot size of 3000 square feet
and continue to require existing lot width standards of 50 feet outside of any easements
in the SR-4.5 and SR-6 zones and 40 feet in the SR-8 zone.
7. Strengthen tree protection: 1) a tree survey shall be submitted with an
application for Preliminary Long Plat and Short Plat. 2) In the required perimeter
landscape area, all significant trees which will not constitute a safety hazard shall be
preserved. In the site interior areas, 15% of the diameter inches of the existing
significant trees shall be preserved or replaced. Prioritize preservation of the following
types of significant trees: Healthy significant trees over 60 feet in height; Significant
trees which form a continuous canopy; Significant trees which contribute to the
character of the environment, and do not constitute a safety hazard; Significant trees in ,
areas of steep slopes or adjacent to watercourses or wetlands.
8. Permit mixed housing types: Subdivisions may include up to 25% attached
units, up to four units on any lot. Attached units are subject to same architectural
standards found in item 5. Attached units shall be similar in scale to surrounding single
family units and incorporate similar materials and architecture. Garages associated with '
attached units shall be diminished. Where attached units are located on lots with
multiple residential street frontages, a primary, covered entry shall be located on each
of these frontages. In order to encourage diversity of housing types in new
neighborhoods, the Multi-family Design Review process is waived.
9. Improve storm-pond aesthetics: 10 foot wide, type II perimeter landscaping is
required for standard storm-ponds. Aesthetically enhanced fences such as split ,
rail/chain link combination are also required.
10. Streamlined process: When determining the allowed number of units for a
subdivision, all site area may be used in the calculation. If calculations result in a '
fraction, the fraction shall be rounded to the nearest whole number as follows: Fractions
of 0.50 or above shall be rounded up; and fractions below 0.50 shall be rounded down.
Key elements of Option 1: ,
Maintains wide lots, increases side yard setbacks, do not provide actual lot area
flexibility.
One of the desired outcomes expressed by the public was creation of more space ,
between buildings. Increasing side yard setbacks from the current 5 feet (10
when counting both sides) to a total of 16 feet would meet this goal by requiring '
builders and developers to either create larger lots, or build smaller homes As
new homes in Kent are typically about 60 feet deep, this added 6 feet of side
Staff Report-ZCA-2006-3 Res Dev Stds ,
LUPB Hearing—November 13,2006
Page 4 of 8
yard area would require that an additional 360 square feet per lot remain un-
built.
Like Options 2 and 3, Option 1 requires dedication of land area associated with
park space and perimeter landscaping. Unlike the other options, Option 1 also
' substantially increases side-yard setbacks, and gives very little flexibility that
would allow new neighborhoods to achieve densities allowed in the Zoning Code.
Option 2: Flexibility with safeguards
1. Open space. Residential developments of more than four units in the SR 4.5, 6 and
8 zones shall provide fully accessible recreation space for leisure, play and sport
activities at a rate of 450 square feet of open space per unit. Open space dedication
area may be provided as a dual purpose stormwater pond per the requirements of the
Kent Surface Water Design Manual.
2. Set-backs: Side-yards. 5 foot minimum side yard setbacks for homes which provide
special Fire Department approved life safety measures, 8 foot side yard setbacks for
homes which do not provide these measures. Rear-yard: 10 feet.
3. Perimeter buffering: Unified perimeter fencing and a 10 foot landscape buffer
within a landscape tract are required along all perimeter streets, except where direct
street access to lots is provided. Planting and fence construction shall be completed
prior to or in conjunction with issuance of a building permit on any lot within the
subdivision.
4. Streetscape environment: 1) 10 foot maximum front yard setback for living
space of home, 20 feet for lots located on the radius of a cul-de-sac. Garages are
exempt and require a 20 foot X 20 foot connected paved area not to include sidewalks
or access easements. 2) The entry facade of each single family home shall be oriented
towards the highest classification street from which access to the lot is allowed.
5. Improve building aesthetics: 1) 70% of homes in subdivisions shall include
home designs that visually d1m1n1sh garage doors 2) Each home facade that faces a
public area shall incorporate a minimum of two elements of facade modulation or
roofline varnatlon. For each facade oriented towards a public area, a minimum of three
architectural detail elements shall be provided.
6. Reduce code related monotony: Require average lot size of 3000 square feet
and ensure that each new lot is buildable by requiring a 30 foot diameter circle to be
maintained outside of any easements within each lot. Lot frontage width shall be a
minimum of 20 feet and there shall be a minimum of 15 feet between driveways.
7. Strengthen tree protection: 1) a tree survey shall be submitted with an
application for Preliminary Long Plat and Short Plat. 2) In the required perimeter
landscape area, all significant trees which will not constitute a safety hazard shall be
' preserved. In the site interior areas, 15% of the diameter inches of the existing
significant trees shall be preserved or replaced Prioritize preservation of the following
types of significant trees: Healthy significant trees over 60 feet in height; Significant
trees which form a continuous canopy; Significant trees which contribute to the
character of the environment, and do not constitute a safety hazard; Significant trees in
areas of steep slopes or adjacent to watercourses or wetlands.
8. Permit mixed housing types: Subdivisions may include up to 25% attached
units, up to four units on any lot. Attached units are subject to same architectural
standards found in item 5. Attached units shall be similar in scale to surrounding single
' family units and incorporate similar materials and architecture. Garages associated with
Staff Report-ZCA-2006-3 Res Dev Stds
LUPB Hearing—November 13,2006
Page 5 of 8
attached units shall be diminished. Where attached units are located on lots with
multiple residential street frontages, a primary, covered entry shall be located on each
of these frontages. In order to encourage diversity of housing types in new
neighborhoods, the Multi-family Design Review process is waived.
9. Improve storm pond aesthetics: 10 foot wide, type II perimeter landscaping is
required for standard storm-ponds. Aesthetically enhanced fences such as split ,
rail/chain link combination are also required.
10. Streamlined process: When determining the allowed number of units for a
subdivision, all site area may be used in the calculation. If calculations result in a
fraction, the fraction shall be rounded to the nearest whole number as follows: Fractions
of 0.50 or above shall be rounded up; and fractions below 0.50 shall be rounded down.
Key elements of Option 2:
Option 2 essentially retains current side yard set-back requirements and satisfies
life safety concerns. By reducing lot-width requirement and allowing flexible lot
sizes, option 2 allows zoning density standards (4.5, 6 or 8 units per acre) to
control level of development. This option is very similar to the lot size and
density approach used in Kent's current PUD code. Option 2 requires the highest
levels of amenity, balanced with more flexibility of lot area than the other
options.
While standards for space between buildings will remain unchanged,
architectural improvements, reduced garages, on-site recreation space and
perimeter buffering will dramatically improve visual environment and reduce j
perceived over-crowding.
Option 3: Flexible lots with large setbacks
1. Open space: Residential developments of more than four units in the SR 4.5, 6 and
8 zones shall provide fully accessible recreation space for leisure, play and sport ,
activities at a rate of 450 square feet of open space per unit. Open space dedication
area may be provided as a dual purpose stormwater pond per the requirements of the
Kent Surface Water Design Manual. ,
2. Set-backs: Side yard: 50% of new homes in a subdivision may use 5 foot setbacks
with special Fire Department approved life safety measures, or 8 feet without these
measures. The remaining 50% of homes shall provide a sum of 16 feet of side yard ,
setback as described in Option 1. Rear yard: 10 feet.
3. Perimeter buffering: Unified perimeter fencing and a 10 foot landscape buffer
within a landscape tract are required along all perimeter streets, except where direct
street access to lots is provided. Planting and fence construction shall be completed
prior to or in conjunction with issuance of a building permit on any lot within the
subdivision.
4. Streetscape environment: 1) 10 foot maximum front yard setback for living
space of home, 20 feet for lots located on the radius of a cul-de-sac. Garages are
exempt and require a 20 foot X 20 foot connected paved area not to include sidewalks
or access easements. 2) The entry fagade of each single family home shall be oriented
towards the highest classification street from which access to the lot is allowed.
5. Improve building aesthetics: 1) 50% of homes in subdivisions shall include ,
home designs that visually diminish garage doors 2) Each home fagade that faces a
public area shall incorporate a minimum of two elements of fagade modulation or ,
Staff Report-ZCA-2006-3 Res Dev Sites
WPB Hearing—November 13,2006
Page 6 of 8
roofline variation. For each facade oriented towards a public area, a minimum of three
architectural detail elements shall be provided.
6. Reduce code related monotony: Require average lot size of 3000 square feet and
ensure that each new lot is buildable by requiring a 30 foot diameter circle to be
maintained outside of any easements within each lot. Lot frontage width shall be a
minimum of 20 feet and there shall be a minimum of 15 feet between driveways.
7. Strengthen tree protection: 1) a tree survey shall be submitted with an
application for Preliminary Long Plat and Short Plat. 2) In the required perimeter
landscape area, all significant trees which will not constitute a safety hazard shall be
preserved. In the site interior areas, 15% of the diameter inches of the existing
significant trees shall be preserved or replaced. Prioritize preservation of the following
types of significant trees: Healthy significant trees over 60 feet in height; Significant
trees which form a continuous canopy; Significant trees which contribute to the
I character of the environment, and do not constitute a safety hazard; Significant trees in
areas of steep slopes or adjacent to watercourses or wetlands.
8. Permit mixed housing types: Subdivisions may include up to 25% attached
units, up to four units on any lot. Attached units are subject to same architectural
standards found in item 5. Attached units shall be similar in scale to surrounding single
family units and incorporate similar materials and architecture. Garages associated with
attached units shall be diminished. Where attached units are located on lots with
multiple residential street frontages, a primary, covered entry shall be located on each
of these frontages In order to encourage diversity of housing types in new
neighborhoods, the Multi-family Design Review process is waived.
9. Improve storm-pond aesthetics: 10 foot wide, type II perimeter landscaping is
required for standard storm-ponds. Aesthetically enhanced fences such as split
rail/chain link combination are also required.
10. Streamlined process: When determining the allowed number of units for a
subdivision, all site area may be used in the calculation. If calculations result in a
fraction, the fraction shall be rounded to the nearest whole number as follows: Fractions
of 0.50 or above shall be rounded up; and fractions below 0.50 shall be rounded down.
Key elements of Option 3:
Option 3 works to create variation in setbacks by requiring that a portion of lots
increase setbacks, while others remain at current standards. Includes lower
standard than Option 2 for reduced garages.
By reducing lot-width requirement and allowing flexible lot sizes, Option 3 also
allows zoning density standards (4 5, 6 or 8 units per acre) to control level of
development. While amenity requirements are included, the larger setbacks
required in Option 3 create limited flexibility in achieving densities allowed in the
Zoning Code.
STAFF RECOMMENDATION:
Option 2.
,1
In addition to on site recreation/open space, architectural design requirements and perimeter
buffering, Option 2 requires the highest level of visual improvement by requiring 70%
diminished garage doors and architectural requirements. The lot size flexibility presented in this
' Staff Report-ZCA-2006-3 Res Dev Stds
LUPB Hearing—November 13,2006
Page 7 of 8
option allows for neighborhoods to be constructed consistent with the densities envisioned by
the City's adopted Comprehensive Plan. '
Terms
Special Fire Department approved life safety measures-Upper story rescue windows accessible ,
from the front and rear of a home; self-contained, automatic fire suppressing sprinkler system.
Diminished garage doom Garage doors typically create long and flat wall planes that are often
considered unappealing. When prominent garages are used repeatedly on a street, they often
create distinct monotony. Options for diminishing the visual prominence of these features are
numerous. One option is to create a side entry garage. This moves the garage door to a
visually less prominent side wall and allows the front facade to be finished with a window or
other architectural feature; setting the garage door back at least ten feet from the entry fagade;
using a detached garage located in the rear half of the lot; providing alley access to a garage
behind the house.
Public areas Includes public or private roadways, pedestrian paths, parks, open spaces or other
common spaces.
Facade modulation and roofiine varation: Each fagade that faces a public area shall
incorporate a minimum of two elements of fagade modulation or roofllne modulation. The
maximum horizontal facade length without one element of either facade modulation or roofllne
variation shall be twenty (20) feet.
Facade modulation standards shall include: The minimum modulation depth shall be 3
feet, and the minimum modulation width shall be 8 feet.
Roofline variation standards shall include: The minimum horizontal or vertical offset
shall be 3 feet; the minimum variation length shall be 8 feet and shall be accomplished
by using on or more of the following elements: Vertical off-set in ridge line; horizontal
off-set in ridge line; variations of roof pitch; gables; or any other technique approved by
the Planning Manager that achieves the intent.
Architectural detail elements All facades oriented towards a public area shall include three ,
detail elements. These may include contrasting trim of minimum 5 1/2 inch width around all
doors and windows of a facade, window shutters, minimum 50 square foot covered area around
point of entry (min. 5 feet deep); minimum 3 foot deep eaves; minimum of 2 distinct finish
materials (excluding trim material).
C4IKMJMGlpm5.lpermitlPlaniZONECODE4MEND120061ZC4-2006-3 ResDev5tdsIN0V35thpt.
Enc Env-2006-79 EIS Adoption and Addendum,and Env-2006-79 Checklist
CC Fred N Satterstrom,AICP,C D Director
Charlene Anderson,AICP, Planning Services Manager '
Kim Marousek,AICP, Principal Planner
Matthew Gilbert,AICP, Planner
Parties of Record
Project File
Staff Report-ZCA-2006-3 Res Dev Stds ,
LUPB Hearing—November 13,2006
Page 8 of 8
j
13
ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENTS
• #ENV-2006-79 KIVA #RPSA-2065170
KENT
WASNINGTON
Adoption Document(s): EIS
Description of current proposal: The action proposed by the City consists of the adoption of
modifications to the subdivision and zoning codes related to residential development standards
within the SR-4.5, SR-6 and SR-8 zoning districts.
Proponent: City of Kent
Location of proposal: The proposal is a city-wide action.
Title of document(s) being adopted: City of Kent Comprehensive Plan Environmental Impact
Statement Draft (July 1994) and Final (January 1995) — Prepared by the City of Kent.
Description of document (or portion) being adopted: The City of Kent Comprehensive
Plan EIS is being adopted in total. This document evaluated three different land use
alternatives for the city. The analysis evaluated the type and range of impacts to the
environment associated with each land use alternative and associated development regulations.
If the document has been challenged (WAC 197-11-630) please describe: The document was
1 not challenged.
Document availability:This document is available for review at the City of Kent Planning Services
office, 220 Fourth Ave S, Kent, WA 98032 from 8:00 am to 5:00 pm.
We have identified and adopted this document as being appropriate for this proposal after
' independent review. Along with the addendum, this document meets our environmental review
needs for the current proposal and will accompany the proposal to the decisionmaker(s).
Name of agency adopting the document: City of Kent
Contact person/Responsible Official: Kim Marousek, AICP (253) 856-5436
' Principal Planner
City of Kent Community Development Dept.
220 Fourth Ave South
Kent, WA 98032
Date: 11/6/06 Signa404&M4(a�
' ch:5:\Permit\Plan\Env\2006\resdevstdsadopt.doc
i
15
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
Charlene Anderson, AICP, Manager
K E N T Phone 253-856-5454
_ WASMINGTON
Fax 253-856-6454
Address. 220 Fourth Avenue S.
Kent, WA 98032-5895
CITY OF KENT
ADDENDUM TO THE KENT COMPREHENSIVE
PLAN ENVIRONMENTAL IMPACT STATEMENT (#ENV-93-51)
Revise Kent City Code Chapter 12.04 and Title 15
ZCA 2006-3 (KIVA 2062551)
ENV 2006-79 KIVA #RPSA-2065170
Responsible Official: Kim Marousek
SCOPE
The City of Kent has completed environmental analysis, pursuant to the State
Environmental Policy Act (SEPA), for options related to modifications to the subdivision
and zoning codes related to residential development standards within the SR-4 5, SR-6
and SR-8 zoning districts Specifically, the proposed code amendments seek to require
open space within subdivisions, increase side and rear yard setbacks and front yard
setbacks on lots located on the radius of a cul-de-sac, require perimeter fencing and
landscaping around subdivisions, allow flexible lot sizes and widths, strengthen tree
' preservation, allow attached housing units in single family residential zoning districts,
increase perimeter landscaping around storm ponds, and incorporate design elements in
residential construction.
Three options were evaluated under SEPA:
' Option 1 — Regulatory with amenities:
This option reduces minimum lot size but maintains 50-foot lot widths, increases side
1 and rear yard setbacks, requires open space and perimeter landscaping, allows attached
housing units, requires design amenities including 50% of homes that visually diminish
garage doors, and strengthens tree preservation. The proposed regulations provide
little flexibility to achieve densities allowed by the zoning designation.
Option 2 — Flexibility with safeguards
' Option 2 reduces minimum lot size and width, increases rear yard setbacks, generally
maintains existing side yard setbacks, requires open space and perimeter landscaping,
allows attached housing units, and requires a greater percentage of design amenities
16�
ENV-2006-79
Residential Development Standards
Comprehensive Plan EIS - Addendum
than does Option 1, including 70% of homes that visually diminish garage doors. The ,
proposed regulation provides the highest levels of amenity among the options and
balances that with flexibility in lot area.
Option 3 — Flexible lots with large setbacks
Option 3 in similar to Option 2 but allows existing side yard setbacks in only 50% of the
lots, with 50% of the lots requiring the side yard setbacks of Option 1. The proposed
regulations create limited flexibility to achieving densities allowed by the zoning
designation.
Additional information about the zoning alternatives can be found in the Planning
Services Staff Report to the Land Use and Planning Board dated November 6, 2006
which is included in the addendum packet.
The SEPA analysis covers the alternatives described above. The scope of this addendum
adds analysis to the Comprehensive Plan Environmental Impact Statement (EIS) in the
following areas: earth, air, water, land use, housing, and transportation.
BACKGROUND '
Based on City Council and community concerns regarding residential subdivision design,
staff initiated extensive public outreach to determine desired outcomes for residential
subdivision construction. The proposed amendments attempt to balance land-intensive
regulations and achievable zoning densities within desirable design parameters. The
proposed amendments do not seek to modify any underlying zoning or comprehensive ,
land use designations. This environmental analysis provides an addendum to the City's
Comprehensive Plan EIS related to this nonproject action.
SEPA Compliance
In October 1993, the City of Kent issued a Determination of Significance (DS) and Notice
of Scoping for the Comprehensive Plan (ENV-93-51). After a series of public meetings, a
Draft Environmental Impact Statement (DEIS) was issued on July 18, 1994 for the Draft
Comprehensive Plan, issued on the same date. The DEIS was distributed to City Council
and Planning Commission members, adjacent jurisdictions, affected agencies and other
parties of interest. After comments on the DEIS were solicited and reviewed, a Final
Environmental Impact Statement (FEIS) was issued and distributed on January 30,
1995. ,
The EIS analyzed the environmental impacts of the Comprehensive Plan, which was
adopted April 18, 1995. The purpose of the EIS for the Comprehensive Plan was to
assess the impacts of the Plan on the City and its growth area. The EIS does not
analyze the significance of site specific impacts; it analyzes the significance of impacts
on a broad area.
This Addendum to the Kent Comprehensive Plan EIS provides additional information
regarding potential significant adverse impacts associated with the proposed code
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Comprehensive Plan EIS - Addendum
amendments. Analysis shows that adopting the subdivision and zoning amendments
may cumulatively allow greater achieved density than currently achieved, but the
amendments do not allow densities greater than previously evaluated, and will not
create the need for mitigation beyond that which was identified in the Comprehensive
Plan EIS.
Statement of Consistency
Future project permit applications will be subject to and shall be consistent with the
following: City of Kent Comprehensive Plan, the Kent City Code, Uniform Fire Code,
Uniform Building Code, Public Works Standards and all other applicable laws and
ordinances in affect at the time a complete project permit application is filed.
Environmental Review — Scope of EIS Addendum
The City of Kent has followed the process of phased environmental review as it
undertakes actions to implement and amend the Comprehensive Plan. The State
Environmental Policy Act (SEPA) and rules established for the act, WAC 197-11, outline
procedures for the use of existing environmental documents and preparing addenda to
environmental decisions.
Non project Documents - An EIS prepared for a comprehensive plan, development
regulation, or other broad based policy documents are considered "non-project," or
programmatic in nature (see WAC 197-11-704). These are distinguished from EISs or
environmental documents prepared for specific project actions, such as a budding permit
or a road construction project. The purpose of a non-project EIS is to analyze proposed
' alternatives and to provide environmental consideration and mitigation prior to adoption
of an alternative. It is also a document that discloses the process used in evaluating
alternatives to decision-makers and citizens.
Phased Review- SEPA rules allow environmental review to be phased so that review
coincides with meaningful points in the planning and decision making process, (WAC
197-11-060(5)). Broader environmental documents may be followed by narrower
documents that incorporate general discussion by reference and concentrate solely on
issues specific to that proposal. SEPA rules also clearly state that agencies shall use a
variety of mechanisms, including addenda, adoption and incorporation by reference, to
avoid duplication and excess paperwork.
1 Prior Enwronmenta/Documents- The City of Kent issued a Draft Environmental Impact
Statement (DEIS) for the Comprehensive Plan on July 18, 1994 (#ENV-93-51). The
DEIS analyzed three comprehensive plan land use alternatives, and recommended
mitigation measures, which were used in preparing comprehensive plan policies. The
preferred land use alternative which was incorporated into the Comprehensive Plan was
most closely related to Alternative 2 of the DEIS, (the mixed-use alternative). A Final
1 Environmental Impact Statement (FEIS) was issued on January 30, 1995, and the
Page 3 of 7
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Residential Development Standards
Comprehensive Plan EIS - Addendum
Comprehensive Plan was adopted by the City Council on April 18, 1995. Therefore, the
impacts of the Land Use Element adopted in the Comprehensive Plan are within the
range of impacts evaluated in the EIS.
Scope of Addendum— As outlined in the SEPA rules, the purpose of an addendum is to
provide environmental analysis with respect to the land use and zoning designation for
the subject property. This analysis builds upon the Comprehensive Plan EIS but does
not substantially change the identified impacts and analysis; therefore it is prudent to
utilize the addendum process as outlined in WAC-197-11-600(4)(c).
Environmental Elements
All environmental elements were adequately addressed within the parameters of the City
of Kent Comprehensive Plan EIS, draft and final. Further, subsequent"project" actions
would require the submittal of separate environmental checklists, pursuant to SEPA,
which will be analyzed for consistency with the original mitigating conditions and may
require new mitigation based upon site-specific conditions.
The proposed amendments support many of the housing and community design goals
and policies of the Kent Comprehensive Plan:
Policy LU-10.4 Allow single-family housing on a variety of lot sizes '
Goal LU-11 Revise development regulations to encourage single-family and multifamily
development that is more flexible and innovative in terms of budding, street standards
for private roads, and site design.
Policy LU-11.1 Support the achievement of allowable density in single-family
developments through flexibility and creativity in site design.
Goal CD-14 Lay out neighborhoods that are oriented to the pedestrian and foster a
sense of community.
Policy CD-14.2 Encourage residential site and building design that contributes to an
attractive, pedestrian-friendly environment along neighborhood streets. Decreasing the
visual prominence of garages and incorporating porches, stoops, and functionally- ,
opening windows which face the street foster community interaction.
Goal CD-15 Encourage creativity and high quality of residential site design and
architecture.
Policy CD-15.2 Limit the repetitive character of new development, by encouraging ,
diversity among dwelling units in the use of color, building materials, floor plan layouts
and roof lines. Maintain continuity of a few design features to provide context between
individual units and the neighborhood.
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Residential Development Standards
Comprehensive Plan EIS - Addendum
Policy CD-15.4 Reduce front-yard setbacks in single-family residential districts to allow
for greater design flexibility while ensuring an inviting human scale.
Goal CD-17 Provide multifamily building architecture and site design that reflects
positive features of the single-family home architecture.
Policy CD-17.6 Provide open spaces which will accommodate a wide variety of activities,
both semi-public and private to include plazas, courtyards, small parks, and other open
spaces in which residents can interact with one another or the community-at-large.
Policy CD-20.2 The City should adopt development standards that minimize
environmental impacts of development through an appropriate balance of regulations
and incentives. Incentives could be tied to compliance with criteria applied throughout
the development process.
Discussion of Environmental Elements
Earth
Grading is anticipated with future project actions which will be subject to site-specific
environmental review and the application of appropriate City codes and ordinances. No
impacts will result from the nonprolect action of the zoning code amendment.
Air
Generally, impacts to the air quality associated with these proposed changes could occur
from the future potential development and redevelopment of the affected properties.
Upon development of properties short term impacts could be associated with
' construction activities on specific properties. Long term an increase in vehicular trips
would be associated with the increase in potential achieved density. Those impacts
would be evaluated on an individual basis with specific development proposals.
Land Use
The SR-4.5, SR-6 and SR-8 zoning districts would be affected by the proposed code
amendments. Increased open space would be provided and increased achieved
densities are likely with the proposed flexibility in lot sizes. However, this code
amendment will not modify existing zoning designations.
iPlease refer to the November 6, 2006 staff report for additional land use discussion.
Housing
A range of future residential development could occur as a result of potentially increased
achieved densities with any of the alternatives proposed. However, densities will not
exceed that allowed under the existing zoning designations.
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Comprehensive Plan EIS - Addendum
Transportation
The transportation system for year 2020 includes those improvements itemized in the
City of Kent Transportation Improvement Plan, including the completion of the South
228th Street and South 196th Street corridors. Other assumptions built into this '
modeling effort include completion of state and regional projects such as the currently
planned expansions of SR 167, SR 405, and SR 509.
In general, it appears as if the City's 2020 transportation system will adequately handle
most of the demands of the City of Kent 2020 Land Use Plan with densities inclusive of
the potential additional achieved density associated with the proposed options.
However, it's impossible to predict the effect of future pass-through traffic from
developments in neighboring jurisdictions. It is expected that as the City increases in
density, the availability and frequency of transit services will also increase in step with
that population density.
King County Metro's current Six Year Transit Development Plan outlines specific
upgrades of transit service on routes serving these corridors. Each subsequent Transit
Development Plan should reflect additional transit services and facilities to keep pace
with population density increases along the City's major transit corridors. The City of
Kent is pro-active in transit planning and works cooperatively with both regional transit
agencies to plan for anticipated growth.
Although localized impact may occur from additional net density, the impacts would not
be significant on a system wide basis. Local improvements could be required and would
be evaluated at the project level. If traffic increases to a point where it exceeds the
city's adopted Level of Service, a Local Improvement District could be formed or the city
could add improvements to the Capital Improvement Program and/or Transportation
Improvement Program. i
II. Summary and Recommendation i
A. Summary ,
Kent City Code section 11.03.510 identifies plans and policies from which the City
may draw substantive mitigation under the State Environmental Policy Act. This
nonproject action has been evaluated in light of those substantive plans and
policies as well as within the overall analysis completed for the City's
Comprehensive Plan EIS.
B. Decision
The City of Kent Comprehensive Plan EIS, draft and final, provided extensive ,
analysis with regard to the environmental impacts associated with the
implementation of the Comprehensive Plan. The mitigating conditions included
Page 6 of 7
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ENV-2006-79
Residential Development Standards
Comprehensive Plan EIS - Addendum
anticipated impacts associated with the increased traffic, sensitive areas and
I stormwater runoff, as well as impacts to public services and utilities. The City
has reviewed this nonproject proposal and has found it to be generally consistent
with the range, types and magnitude of impacts and corresponding mitigation
outlined in the Comprehensive Plan EIS.
This analysis and subsequent addendum did not identify any new significant
impacts associated with this proposal. Therefore, this addendum, combined with
the Comprehensive Plan EIS adequately evaluates potential adverse
environmental impacts and provides appropriate mitigation. Based upon this
analysis, a separate threshold determination is not required for this action This
document and corresponding environmental record may be utilized in the future
in conjunction with environmental review for future project-specific land use
proposals on the subject property in accordance with the guidelines provided by
WAC 197-11.
1 Dated: November 6, 2006
Signatui6�1<_A017t A:�_
im Mar sek, AICP, esponsible Offici
S:\Permit\Plan\Env\2006\resdevstdsaddendum doc
1
1
Page 7 of 7
23
APPLICATION FEE:
1 SINGLE FAMILY DWELLING
' ON INDIVIDUAL PARCEL: 2 Q
CITY OF KENT PLANNING SERVICES ALL OTHERS: 70
(253) 856-5454 PUBLIC NOTICE BOARD
ENT
WASH I N O T G N $100 EACH BOARD __
ENVIRONMENTAL CHECKLIST APPLICATION FORM
TO BE COMPLETED BY STAFF:
APPLICATION #: �V'20ao= q KIVA #: p
RECEIVED BY: DATE: PROCESSING FEE:
' A. STAFF REVIEW DETERMINED THAT PROJECT:
Meets the categorically exempt criteria.
Has no probable significant adverse environmental impact(s) and
application should be processed without further consideration of
environmental effects.
Has probable, significant impact(s) that can be mitigated through
conditions. EIS not necessary.
Has probable, significant adverse environmental impact(s). An
Environmental Impact Statement will be prepared.
An Environmental Impact Statement for this project has already been
prepared.
Sign ure of Responsible Official Date
B. COMMENTS:
C. TYPE OF PERMIT OR ACTION REQUESTED: 119411
Ccrico 15 Z, %bliu )
f D. ZONING DISTRICT:0�41i UV1'I��n
"
�City of Kent Planning Services 24
Environmental Checklist— Page 2
I �I
TO BE COMPLETED BY APPLICANT:
A. BACKGROUND INFORMATION:
1 Name of Project City of Kent Residential Design Standards Update j
2 Name of Applicant: Kent Planning Services
Mailing Address- 400 West Gowe Street, Kent, WA 98032
Contact Person* Matt Gilbert, AICP Telephone 253 856 5454
(Note that all correspondence will be mailed to the applicant listed above )
3 Applicant is (owner, agent, other)*
4. Name of Legal Owner Telephone,
Mailing Address
5. Location Give general location of proposed project (street address, nearest intersection '
of streets and section, township and range).
Proposed code changes will be city-wide and affect properties in the SR-4 5, SR-6 and
SR-8 zoning districts
6. Legal description and tax identification number
a Legal description (if lengthy, attach as separate sheet)-
NIA
b. Tax identification number
N/A r
7. Existing conditions- Give a general description of the property and existing I
improvements, size, topography, vegetation, sod, drainage, natural features, etc (if
necessary, attach a separate sheet)
City of Kent Planning Services 25
Environmental Checklist— Page 3
8. Site Area City-wide Site Dimensions-
9 Project description, Give a brief, complete description of the intended use of the
property or project including all proposed uses, days and hours of operation and the size
of the project and site (Attach site plans as described in the instructions)
This project includes changes to Kent's subdivision and zoning code Proposal would
amend development standards to allow more flexible lot geometry and area
requirements in residential subdivisions Changes will be made to setback requirements
and likely require on-site open space, perimeter landscaping and architectural
requirements Additional project details can be found in the City of Kent staff report for
the November 13, 2006 public hearing.
10 Schedule, Describe the timing or schedule (include phasing and construction dates, if
possible)
jCode amendments are expected to be effective in early 2007
1 11 Future Plans Do you have any plans for future additions, expansion or further activity
related to or connected with this proposal? If yes, explain.
Future phases of related code updates are expected. These will be associated with the
City's PUD standards, new cottage housing standards, changes to the City's Surface
Water Design Manual and Public Works Construction Standards
12 Permits/Approvals List all permits or approvals for this project from local, state, federal,
or other agencies for which you have applied or will apply as required for your proposal
DATE
AGENCY PERMIT TYPE SUBMITTED" NUMBER STATUS""
'Leave blank if not submitted
"Approved, denied or pending
13. Environmental Information List any environmental information you know about that has
been prepared, or will be prepared, directly related to this proposal
1
�City of Kent Planning Services 26
Environmental Checklist— Page 4
Kent Comprehensive Plan EIS Draft (July 1994) and Final (January 1995) and
associated addenda
14 Do you know whether applications are pending for governmental approvals of other j
proposals directly affecting the property covered by your proposal? If yes, explain
No.
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City of Kent Planning Services EVALUATION FOR 27
Environmental Checklist— Page 5 AGENCY USE ONLY
B. ENVIRONMENTAL ELEMENTS
1. Earth
a. General description of the site (circle one) Flat, rolling, hilly, steep
slopes, mountainous, other
This proposal generates no site-specific impacts Future development
proposed under the contemplated standards will be subject to all City
standards and regulations pertaining to grading and erosion control.
b What is the steepest slope on the site (approximate percent slope)?
N/A
c. What general types of soils are found on the site (for example, clay,
sand, gravel, peat, muck)? If you know the classification of
agricultural soils, specify them and note any prime farmland
N/A
d. Are there surface indications or history of unstable soils in the
immediate vicinity? If so, describe
N/A
e Describe the purpose, type and approximate quantities of any filling
or grading proposed Indicate source of fill
N/A
f Could erosion occur as a result of clearing, construction, or use? If
so, generally describe
N/A
g. About what percent of the site will be covered with impervious
surfaces after project construction (for example, asphalt or
buildings)>
No changes are proposed to existing impervious surface limitations
h. Proposed measures to reduce or control erosion, or other impacts to
the earth, if any
i
This proposal generates no site-specific impacts Future development
proposed under the contemplated standards will be subject to all City
standards and regulations pertaining to grading and erosion control
�
City of Kent Planning Services EVALUATION FOR 28
Environmental Checklist— Page 6 AGENCY USE ONLY
2. Air
a What types of emissions to the air would result from the proposal
(Le , dust, automobile, odors, industrial wood smoke) during
construction and when the project is completed? If any, generally
describe and give approximate quantities if known
This proposal generates no-site specific impacts Future development
proposed under the contemplated standards will be subject to all
federal, state and local standards and regulations pertaining to
emissions of odor or air quality impacts
b Are there any off-site sources of emissions or odor that may affect
your proposal? If so, generally describe
N/A
c Proposed measures to reduce or control emissions or other impacts
to air, if any
N/A
3. Water
a. Surface:
1) Is there any surface water body on or in the immediate vicinity
of the site (including year-round and seasonal streams, salt
water, lakes, ponds, wetlands)? If yes, describe type and
provide names If appropriate, state what stream or river it
flows into
This proposal generates no site specific impacts Future
development proposed under the contemplated standards will
be subject to all City standards and regulations pertaining to
surface and ground water, streams, wetlands and associated
buffers.
2) Will the project require any work over, in or adjacent to (within
200 feet) the described waters? If yes, please describe and
attach available plans
No.
i
City of Kent Planning Services EVALUATION FOR 29
Environmental Checklist— Page 7 AGENCY USE ONLY
3) Estimate the amount of fill and dredge material that would be
placed in or removed from surface water or wetlands and
indicate the area of the site that would be affected Indicate
the source of fill material
N/A
4) Will the proposal require surface water withdrawals or
diversions? Give general description, purpose, and
approximate quantities, if known
N/A
5) Does the proposal lie within a 100-year floodplain? If so, note
location on the site plan
N/A
6) Does the proposal involve any discharges of waste materials to
surface waters? If so, describe the type of waste and
anticipated volume of discharge
N/A
b. Ground:
1) Will ground water be withdrawn, or will water be discharged to
ground water? Give general description, purpose, and
approximate quantities, if known
IN/A
2) Describe waste material that will be discharged into the ground
from septic tanks or other sources, if any (for example.
domestic sewage, industrial, containing the following
chemicals ; agricultural, etc ) Describe the general size of
the system, the number of such systems, the number of
houses to be served (if applicable), or the number of animals or
humans the system(s) are expected to serve
N/A
c. Water Runoff(including storm water):
1) Describe the source of runoff (including storm water) and
method of collection and disposal, if any (include quantities, if
known) Where will this water flow? Will this water flow into
i
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City of Kent Planning Services EVALUATION FOR 30
Environmental Checklist— Page 8 AGENCY USE ONLY
other waters? If so, describe
N/A
2) Could waste materials enter ground or surface waters? If so, i
generally describe
N/A
d. Proposed measures to reduce or control surface, ground, and i
runoff water impacts, if any:
N/A
4. Plants
a. Check or circle types of vegetation found on the site
Deciduous tree; alder, maple aspen, other
Evergreen tree- fir, cedar, pine, other
Shrubs
Grass
Pasture
Crop or grain
Wet sod plants- cattail, buttercup, bulrush, skunk cabbage, j
other
Water plants- water lily, eelgrass, mdfod, other
Other types of vegetation
b. What kind and amount of vegetation will be removed or altered? j
One element of the proposed changes seeks to strengthen the City's
tree preservation requirements and require perimeter landscaping to
be associated with each new subdivision
c. List threatened or endangered species known to be on or near the site.
City of Kent Planning Services EVALUATION FOR 31
Environmental Checklist— Page 9 AGENCY USE ONLY
N/A
d. Proposed landscaping, use of native plants, or other measures to
preserve or enhance vegetation on the site, if any.
One element of the proposed changes seeks to strengthen the City's
tree preservation requirements and require perimeter landscaping to
be associated with each new subdivision
5. Animals
a. Circle any birds and animals which have been observed on or near the
site or are known to be on or near the site
Birds- hawk, heron, eagle, songbirds, other:
Mammals deer, bear, elk, beaver, other
Fish- bass, salmon, trout, herring, shellfish, other:
b. List any threatened or endangered species known to be on or near the
site
N/A
c. Is the site part of a migration route? If so, explain.
The City of Kent is located along the migratory bird route known as the
Pacific Flyway
d Proposed measures to preserve or enhance wildlife, if any:
None.
6. Ener-gy and Natural Resources
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will
be used to meet the completed project's energy needs? Describe
whether it will be used for heating, manufacturing, etc.
N/A
b. Would your project affect the potential use of solar energy by adjacent
properties? If so, generally describe.
�City of Kent Planning Services EVALUATION FOR 32
Environmental Checklist— Page 10 AGENCY USE ONLY
No
c What kinds of energy conservation features are included in the plans
of this proposals List other proposed measures to reduce or control
energy impacts, if any
N/A
7. Environmental Health j
a Are there any environmental health hazards, including exposure to
toxic chemicals, risk of fire and explosion, spill, or hazardous waste,
that could occur as a result of this proposal? If so, describe
No
1) Describe special emergency services that might be required
N/A
2) Proposed measures to reduce or control environmental health
hazards, if any
N/A
b. Noise
1) What types of noise exist in the area which may affect your
project (for example- traffic, equipment operation, other)9
N/A
2) What types and levels of noise would be created by or
associated with the protect on a short-term or a long-term basis
(for example traffic, construction, operation, other)? Indicate
what hours noise would come from the site
N/A ,
3) Proposed measures to reduce or control noise impacts, if any,
N/A
8. Land and Shoreline Use
a. What is the current use of the site and adjacent properties?
The proposed amendments will apply to subdivisions in the City's
SR-4 5, SR-6; and SR-8 zoning districts
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City of Kent Planning Services EVALUATION FOR
Environmental Checklist— Page 11 AGENCY USE ONLY
b. Has the site been used for agriculture? If so, describe
N/A
ic Describe any structures on the site
N/A
d. Will any structures be demolished? If so, what?
N/A
e What is the current zoning classification of the site?
The proposed amendments will apply to subdivisions in the City's SR-
4 5; SR-6; and SR-8 zoning districts No change to allowed density in
these districts is proposed
f What is the current comprehensive plan designation of the site?
The proposed amendments will apply to subdivisions in the City's SF-
4 5, SF-6 and SF-8 Comprehensive Plan designated areas No
change to the Comprehensive plan is proposed
g If applicable, what is the current shoreline master program designation
of the site?
A portion of the effected sites are located around Lake Meridian, and
designated Urban Lake Residential in the City's Shoreline Master
Program
h. Has any part of the site been classified as an "environmentally
sensitive" area? If so, specify.
Yes As the proposed code changes are City-wide, land encumbered
with streams, wetlands, steep slopes and associated buffers is
included in the geographic area affected by the proposed
amendments
i Approximately how many people would reside or work in the
completed project?
' Unknown
j. Approximately how many people would the completed project
displace?
None.
City of Kent Planning Services EVALUATION FOR 34
Environmental Checklist— Page 12 AGENCY USE ONLY
k Proposed measures to avoid or reduce displacement impacts, if any
N/A
I. Proposed measures to ensure the proposal is compatible with existing
and projected land uses and plans, if any
Proposed code changes require buffering and improved aesthetic
considerations These changes are intended to reduce the visual
impact associated with new subdivisions in Kent
9. Housing
a Approximately how many units would be provided, if any? Indicate
whether high, middle, or low income housing
While the proposed code changes relate to residential development,
no housing units will be created or eliminated
b Approximately how many units, if any, would be eliminated? Indicate
whether high, middle, or low income housing
While the proposed code changes relate to residential development,
no housing units will be created or eliminated
c Proposed measures to reduce or control housing impacts, if any.
None.
10. Aesthetics
a What is the tallest height of any proposed structure(s), not including
antennas, what is the principal exterior building material(s) proposed?
Kent City Code limits the height of structures to 35 feet and 2 5 stories
in the SR-4 5 and SR-6 zones and 30 feet/2 5 stones in the SR-8
zone No change to these standards is proposed
b. What views in the immediate vicinity would be altered or obstructed?
N/A
c. Proposed measures to reduce or control aesthetic impacts, if any
One of the primary desired outcomes associated with the proposed
changes is general aesthetic enhancement of subdivisions Proposed
new standards include buffer landscaping along arterial roadways,
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City of Kent Planning Services EVALUATION FOR 35
Environmental Checklist— Page 13 AGENCY USE ONLY
horizontal fagade modulation, roofline variation, architectural detail
requirements, limitations on prominent garages, front-yard setback
limitations and tree preservation requirements
11. Light and Glare
a What type of light or glare will the proposals produce? What time of
day would it mainly occur?
No changes are proposed which would increase or decrease light and
glare commonly associated with low to medium density residential
development.
b Could light or glare from the finished project be a safety hazard or
interfere with views?
N/A
c. What existing off-site sources of light or glare may affect your
proposal?
N/A
d. Proposed measures to reduce or control light and glare impacts, if any
None.
12. Recreation
a. What designated and informal recreational opportunities are in the
immediate vicinity?
The City of Kent currently maintains parks throughout the City,
many of which are located in the single-family residential zones that
are the subject of the proposed code amendments.
b. Would the proposed project displace any existing recreational uses?
If so, describe.
No i
c. Proposed measures to reduce or control impacts on recreation,
including recreation opportunities to be provided by the project or
applicant, if any
' While the code changes will affect properties city-wide, the proposed
�
City of Kent Planning Services EVALUATION FOR 36
Environmental Checklist— Page 14 AGENCY USE ONLY
changes require that for subdivisions 4 lots and above, 450 square
feet per new unit of on-s1te recreation space be provided
13. Historic and Cultural Preservation
a Are there any places or objects listed on, or proposed for, national,
state or local preservation registers known to be on or next to the site?
If so, generally describe
N/A
b Generally describe any landmarks or evidence of historic,
archaeological, scientific, or cultural importance known to be on or
next to the site
N/A
c Proposed measures to reduce or control impacts, if any
N/A ,
14. Transportation
a Identify public streets and highways serving the site, and describe
proposed access to the existing street system Show on site plans, if
any
N/A
b. Is site currently served by public transit? If not, what is the
approximate distance to the nearest transit stop?
King County Metro and Sound Transit currently serve the City of Kent
with Park and Ride lots, bus routes and commuter rail and transit
shuttles routes located throughout the City
c How many parking spaces would the completed protect have? How
many would the project eliminate?
N/A
d. Will the proposal require any new roads or streets, or improvements to
existing roads or streets, not including driveways? If so, generally
describe (indicate whether public or private)
i '�
City of Kent Planning Services EVALUATION FOR 37
' Environmental Checklist— Page 15 AGENCY USE ONLY
Per existing City and State regulations, each new subdivision of land
must provide each lot with access to right-of-way and provide for
adequate roadways These standards are applied on a site-specific
basis at the time of proposed development
' e Will the project use (or occur in the immediate vicinity of) water, rail, or
air transportation? If so, generally describe
` None anticipated
' f How many vehicular trips per day would be generated by the
completed project? If known, indicate when peak volumes would
occur
The City of Kent generally anticipates ten new daily trips and one daily
P M peak-hour trip to be associated with each residential lot The
proposed changes however will not add to the residential densities
contemplated in the City's Comprehensive Plan Accordingly, no trips
beyond those previously contemplated will be allowed through the
' revised development standards
g Proposed measures to reduce or control transportation impacts, if any
None
15. Public Services
a. Would the project result in an increased need for public services (for
example fire protection, police protection, health care, schools,
other)? If so, generally describe
As future residential development associated with the proposed new
standards will not take place at densities or in locations beyond those
contemplated by the City's Comprehensive Plan, no unanticipated
increase in demand for public services is expected
b. Proposed measures to reduce or control direct impacts on public
services, if any
None
16. Utilities
a Circle utilities currently available at the site: electricity, natural gas,
water, refuse service, telephone, sanitary sewer, septic system, other
1 N/A
38
City of Kent Planning Services EVALUATION FOR
Environmental Checklist—Page 16 AGENCY USE ONLY
b. Proposed measures to reduce or control direct impacts on public
services, if any.
None.
16. Utilities i
a. Circle utilities currently available at the site: electricity, natural gas,
water, refuse service, telephone, sanitary sewer, septic system, other.
N/A
b. Describe the utilities that are proposed for the project, the utilities
providing the service and the general construction activities on the site
or in the immediate vicinity, which might be needed.
N/A
I
C. SIGNATURE
The above answers are true and complete to the best of my knowledge 1 ,
understand that the lead agency is relying on them to make its decision.
i
Signature.
Date: t dy w�10
i
�1
1 q
1
City of Kent Planning Services EVALUATION FOR 39
Environmental Checklist— Page 17 AGENCY USE ONLY
DO NOT USE THIS SHEET FOR PROJECT ACTIONS
D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS
Because these questions are very general, it may be helpful to read them
in conjunction with the list of the elements of the environment
When answering these questions, be aware of the extent the proposal, or
the types of activities likely to result from the proposal, would affect the
item at a greater intensity or at a faster rate than if the proposal were not
implemented Respond briefly and in general terms
1 How would the proposal be likely to increase discharge to water;
emission to air, production, storage, or release of toxic or hazardous
substances, or production of noise?
The proposed changes are limited in scope to increase aesthetic
standards, provide additional open space and decrease minimum lot
size standards associated with the City's SR-4 5, SR-6 and SR-8
zoning districts No changes to the allowable per-lot impervious
surface limitations, gross density, or Comprehensive Plan Map are
proposed
Proposed measures to avoid or reduce such increases are
All existing City and State regulations pertaining to discharge of water,
air emissions, toxic and hazardous substance and noise will continue
to be in place to address these issues
j2. How would the proposal be likely to affect plants, animals, fish, or
marine life?
The proposed changes include language to amend the City's tree
preservation requirements The current regulation allows property
owners broad latitude in removing existing significant trees from
development sites in conjunction with site improvements. The
proposed changes require that a minimum of 15% of the diameter of
significant trees be preserved or replaced on the site, and
incorporated into the development plan.
' Proposed measures to protect or conserve plants, animals, fish, or
marine life?
See above.
3. How would the proposal be likely to deplete energy or natural
resources?
City of Kent Planning Services EVALUATION FOR 40
Environmental Checklist— Page 18 AGENCY USE ONLY
The proposed changes do not allow or facilitate the depletion of
energy or natural resources beyond that currently associated with
residential development
Proposed measures to protect or conserve energy and natural
resources are
A number of regulations and programs are in place to protect or 1
conserve energy and natural resources Among these are local transit
facilities and routes and construction codes that require energy
efficient buildings Additionally, the proposed measures allow a more
efficient use of land area, thus reducing the need for additional public
Infrastructure
4 How would the proposal be likely to use or affect environmentally
sensitive areas or areas designated (or eligible or under study) for
governmental protection, such as parks, wilderness, wild and scenic
rivers, threatened or endangered species habitat, historic or cultural
sites, wetlands, floodplams, or prime farmlands?
The open space requirements Incorporated into this proposal will
increase accessibility to recreation space, though these areas will be
privately owned and maintained Existing regulations pertaining to ,
wilderness, wild and scenic rivers, threatened or endangered species
habitat, histonc or cultural site, wetlands, floodplams and pnme-
farmlands will not be affected
Proposed measures to protect such resources or to avoid or reduce
impacts are
Existing City and State regulations, which are not included in the
scope of proposed changes
5 How would the proposal be likely to affect land and shoreline use,
including whether it would allow or encourage land or shoreline uses
incompatible with existing plans?
The proposed code amendments are limited to single-family
residential zones One element of the proposal allows for limited
attached housing to be located within new subdivisions This aspect
of the changes, if implemented, would be a departure from current City
standards which allow only detached houses in the single-family
zones Otherwise, no change to allowed uses are proposed
The proposal does allow for flexibility in lot areas. The City's current
standards have been identified as partially responsible for preventing
current single-family developments from achieving the gross densities
of 4 53, 6 05 and 8 71 units per acre as allowed under current zoning
standards Relaxing the minimum lot area requirements will
City of Kent Planning Services EVALUATION FOR 41
Environmental Checklist— Page 19 AGENCY USE ONLY
encourage new neighborhoods to meet the envisioned densities
expressed in the City's Comprehensive Plan and Zoning Code
No changes to the City's Shoreline Master Program are envisioned.
Proposed measures to avoid or reduce shoreline and land use
impacts are.
Desired outcomes expressed during the public outreach effort
associated with developing the proposed changes included
addressing the aesthetic impacts of current subdivision developments
The proposed changes include buffering and architectural standards
intended to address these impacts
6. How would the proposal be likely to increase demands on
transportation or public services and utilities?
The greater achieved densities likely to be associated with lot area
flexibility will result in increased demands on the City's transportation
network, as well as public services and utilities However, the
densities allowed in the City's Zoning Code and Comprehensive Plan
are not proposed to change and will continue to control maximum
densities
The City's Comprehensive Plan presents a unified plan for growth in
the City and an analysis of needs required to accommodate the
envisioned growth This plan contains elements related to
transportation, land use, utilities, capital facilities and other public
services The Comprehensive Plan map envisions residential
densities in the subject areas of about 4 5, 6 and 8 units per acre
Future demand on the transportation system, utilities and other public
services is analyzed assuming these densities As the proposed
changes to residential development standards do not allow densities
above those envisioned in the Comprehensive Plan, the impacts of
higher achieved densities have been identified and accounted for
Proposed measures to reduce or respond to such demand(s) are:
Plans for the transportation system, utilities, capital facilities and other
public services are contained within the City's Comprehensive Plan
The City also administers concurrency requirements associated with
the Growth Management Act and applies mitigation requirements and
impact fees to each new development on a project specific basil,
7. Identify, if possible, whether the proposal may conflict with local, state,
42
City of Kent Planning Services EVALUATION FOR
Environmental Checklist— Page 20 AGENCY USE ONLY
or federal laws or requirements for the protection of the environment
No conflicts have been identified or are anticipated.
MGIS IPermitlPlanIZONECODEAMEND120062CA-2006-3_ResDevStdsISEPA
checklist
COMMUNITY DEVELOPMENT
LUPB Fred N. Satterstrom, AICP, Director
WORKSHOP PACKET PLANNING SERVICES
• Charlene Anderson, AICP, Manager
KENT October 23, 2006
Phone 253-856-5454
WASHINGTON
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent, WA 98032-5895
AGENDA
LAND USE & PLANNING BOARD
PUBLIC HEARING &WORKSHOP
OCTOBER 23, 2006
7:00 P.M.
LAND USE & PLANNING BOARD MEMBERS: CITY STAFF
Jon Johnson, Chair Charlene Anderson, AICP, Planning Manager
Dana Ralph, Vice Chair William D Osborne, AICP, Planner
Steve Dowell Matthew Gilbert, AICP, Planner
Tim Gimenez Kim Adams Pratt, Asst City Attorney
Alan Gray Pamela Mottram, Administrative Secretary
Jack Ottini
This is to notify you that the Land Use and Planning Board will hold their regularly scheduled
Public Hearing on MONDAY, OCTOBER 23, 2006 in the Kent City Hall, City Council Chambers at
7:00 p.m. followed by a Workshop The public is welcome to attend both the public hearing and
workshop. All interested persons may have an opportunity to speak at the public hearing, although
no public testimony will be taken at the workshop. Any person wishing to submit oral or written
comments on the 2006 Annual Docket Report may do so prior to or at the meeting.
The agenda will include the following item(s):
1. Call to order
2. Roll call
3. Approval of Minutes from the September 25, 2006 Meeting
4. Added Items to Agenda
5. Communications
6. Notice of Upcoming Meetings
1 7. PUBLIC HEARING:
2006 Annual Docket Report (WO)
Consideration of the 2006 Annual Docket Report, recommending which proposals should be
considered for action in the current annual amendment cycle. The docket includes
amendments to the Comprehensive Plan Land Use and Zoning District Maps, and text
amendments to Kent City Code and the Shoreline Master Program.
8. WORKSHOP: (Immediately Following)
Residential Develooment Standards (MG)
Discussion of proposed code revisions related to single family residential development
standards.
Any person requiring a disability accommodation should contact the City In Advance for more Information For TDD relay service
for Braille, call 1-600-833-6385, for TDD relay service for the hearing impaired, call 1-800-833-6388 or call the Gty of Kent Planning
Services directly at (253) 856-5499 (TDD) or the main line at (253) 856-5454 You may access the OtY2; webs/te at
htW(/www o kent wa us/olanninailandusenlannmaboard/staffreoort asp for available download documents
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Kent City Council Meeting
Date February 6, 2007
Category Bids
1. SUBJECT: TRAFFIC SIGNAL CABINET REPLACEMENT
2. SUMMARY STATEMENT: The bid opening for this project was held on
January 23, 2006, with three bids received. The low bid was submitted by Cascade
Signal Corporation, in the amount of$62,581.76. The Engineer's estimate was
$64,000 - $71,000.
C✓v�C�( aA
' 3. EXHIBITS: Public Works Director's memorandum
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT X
' Expenditure? X Revenue? N/A /
Currently inthe Budget? Yes X A0
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue- Fund Amount $
6. CITY COUNCIL ACTIO
' Councilmember D,Ie., moves, Councilmember -42 nLo seconds
to authorize the Mayor to enter into an agreement with Cascade Signal Corporation for
the Traffic Signal Cabinet Replacement project in the amount of$62,581.76.
DISCUSSION: —�
ACTION.
Council Agenda
' Item No 8A
t
PUBLIC WORKS DEPARTMENT
Larry Blanchard Public Works Director
• Phone 253-856-5500
Fax 253-856-6500
K E N T
4 A 5 H I N c T o N Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: January 24, 2007
TO: Mayor Cooke and Kent City Council
FROM- John Rostad, Signal Engineer
THROUGH: Larry Blanchard, Public Works Director
SUBJECT: Traffic Signal Cabinet Replacement (re-bid) Award
Bid opening for this project was held on January 23„ 2007 with three bids received. The low bid
was submitted by Cascade Signal Corporation, in the amount of$62,581.76 The Engineer's
' estimate was $64,000 - $71,000. The Public Works Director recommends awarding this contract
to Cascade Signal Corporation
' Bid Summary
Cascade Signal Corporation $62,581.76
1 Northwest Signal Supply $80,250 88
McCain, Inc. $83,993.60
Engineer's Estimate between $ 64,000—$71,000
' Mayor Cooke and Kent City Council Traffic Signal Cabinet ReplacenwN Prof-Recommendation m Award
u 1pwocounalpkt200707Vcb6 doc
1 I
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
1
I
1
REPORTS FROM SPECIAL COMMITTEES
i
CONTINUED COMMUNICATIONS
' A.
1 EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION